The Wise Report
Henry M. Wise, P.G.
March 26, 2017
The TCEQ Remediation Division issued revised guidance and reporting requirements for selecting and developing engineered Corrective Action Plans (CAPs) for LPST sites.
The guidance document formerly known as RG-41, Corrective Action Plans for LPST Sites has been reissued as RG-523/PST-10, Corrective Action Plans for LPST Sites.
The Remedial Technology Screening Form (RTS) (TCEQ-00695), Notice of Remediation System Installation (NRSI) (TCEQ-00694) and CAP Worksheets (TCEQ-00707) used in conjunction with the guidance have also been revised. The forms and worksheets are required when submitting a CAP for LPST sites.
The guidance document is available on the TCEQ webpage:
https://www.tceq.texas.gov/publications/rg/rg-523-pst-10
The forms and worksheets are now interactive and available on the TCEQ webpage:
https://www.tceq.texas.gov/assets/public/remediation/rpr/documents/00695...
https://www.tceq.texas.gov/assets/public/remediation/rpr/documents/00694...
CAP Worksheets – TCEQ-00707
· Air Sparging (AS): https://www.tceq.texas.gov/assets/public/remediation/rpr/documents/00707...
· Dual-Phase Extraction (DPE): https://www.tceq.texas.gov/assets/public/remediation/rpr/documents/00707...
· Enhanced Aeorbic Bioremediation (EAB): https://www.tceq.texas.gov/assets/public/remediation/rpr/documents/00707...
· Groundwater Pump & Treat (GWP&T): https://www.tceq.texas.gov/assets/public/remediation/rpr/documents/00707...
· Soil-Vapor Extraction (SVE): https://www.tceq.texas.gov/assets/public/remediation/rpr/documents/00707...
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The TCEQ Remediation Division issued revised guidance and reporting requirements for Operation, Monitoring, and Performance (OMP) of Remediation Systems at LPST Sites.
The guidance document formerly known as RG-261, Operation, Monitoring, and Performance of Remedial Systems at LPST Sites has been renamed and is now known as RG-523/PST-11 Operation, Monitoring, and Performance of Remediation Systems at LPST Sites.
The Operation, Monitoring, and Performance Report (OMPR) (TCEQ-00696) used in conjunction with the guidance has also been revised. The form is required when submitting information collected during the implementation of the OMP Plan and to document the monitoring results and performance evaluation of the remediation system.
The guidance document is available on the TCEQ webpage:
https://www.tceq.texas.gov/publications/rg/rg-523-pst-11
The form is now interactive and available on the TCEQ webpage:
https://www.tceq.texas.gov/assets/public/remediation/rpr/documents/00696...
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CAPs and OMPRs submitted after March 21, 2017, should be reported to the TCEQ on the revised worksheets and forms. Beginning September 1, 2017 all previous versions of the worksheets and forms listed above will be considered obsolete and will no longer be accepted.
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The State Legislature is now in session. The following is a list of bills of potential interest to geologists. There are no new bills of interest this week. New information is listed in bold:
HB 484, by Spring, Relating to training required to qualify for or renew a license issued by the Texas Commission on Environmental Quality. The TCEQ must provide a location within 100 miles of the place of employment of a person who is required to receive the training, reimbursement for travel and lodging expenses incurred if training isn't available within 100 miles, or online training. 3/14/2017 Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
HB 815, by Burkett, Dale, Rick Miller, and Paul, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that considers the costs and environmental effects and benefits expected to result from implementation of and compliance with the rule." 3/14/2017 Withdrawn from schedule. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
HB 1515, by Elkins, Relating to the expiration of the dry cleaner environmental response program. "A corrective action, including any administrative duties associated with the action, for which remediation of a contaminated site has begun before September 1, 2050, shall be completed in accordance with this chapter using money from the fund, to the extent possible, but money may not be collected for or added to the fund on or after that date." Committee report distributed 3/24/2017. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
HB 1519, by Mary Gonzalez, Relating to requirements for the construction of a natural gas pipeline. "A person seeking to construct a pipeline to which this chapter applies may not begin construction of the pipeline unless the person first performs an analysis to identify and assess potential impacts on the natural and human environment that could result from the construction and operation of the pipeline and submits the analysis to the railroad commission in writing." 3/20/2017 Referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
HB 1536, by Farrar, Relating to a study and report by the Texas Commission on Environmental Quality on the use of green stormwater infrastructure in this state. ""green stormwater infrastructure" means stormwater infrastructure that reduces and treats stormwater at the source using vegetation, soils, and other elements and practices to restore some of the natural processes required to manage stormwater. The term includes the use of rain gardens, rainwater harvesting systems, and permeable pavement." 3/9/2017, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
HB 1597, by Bell, Relating to a study and report by the Texas Commission on Environmental Quality on the use of green stormwater infrastructure in this state. "This chapter may be cited as the Texas Tertiary Recovery Unitization Act." 2/9/2017, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
HB 2005, by Larson, Relating to the duty of the Texas Water Development Board to conduct studies of and prepare and submit reports on aquifer storage and recovery. 3/22/2017 Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
HB 2127, by Elkins, Relating to the authority of the Harris-Galveston Subsidence District to regulate certain water wells. 3/13/2017 Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
HB 2377, by Larson, Relating to the development of brackish groundwater. A landowner may drill and operate a well for a single-family dwelling, a landowner may drill and operate a well if, among other things, the well is used only for outdoor watering of landscape plantings on the property. 3/16/2017 Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
HB 2621, by Darby, Relating to state and local tax incentives for certain enhanced oil recovery projects. 3/21/2017 Referred to Ways & Means. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
HB 3028, by Burns, Relating to groundwater ownership and rights. Adds Subdivision to existing groundwater ownership and rights. Filed 3/6/2017. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
HB 3037, by Workman, Relating to the definition of groundwater management areas to coincide with major and minor aquifers and the joint planning process in those areas. Filed 3/6/2017. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
HB 3084, by Keough, identical to SB 1529, Relating to the collection, analysis, and dissemination of information regarding the availability and quality of the groundwater resources in this state by the Geo-Technology Research Institute. "The institute shall use data from the Texas Water Development Board, the Railroad Commission of Texas, and the Bureau of Economic Geology of The University of Texas at Austin to develop a three-dimensional model of the availability and quality of the groundwater resources in this state. The institute shall digitize data necessary to develop the model, if necessary." Filed 3/7/2017. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
HB 3166, by Lucio III, Relating to the consideration of modeled sustainable groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. Filed 3/7/2017. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
HB 3200, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee. Is for sites that occupy at least 10 acres and is located inside the boundaries or extraterritorial jurisdiction of a municipality. Filed 3/7/2017. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
HB 3314, by Frank, identical to SB 226, Relating to the procedure for action on certain applications for an amendment to a water right. Stipulates new exemptions from requirements regarding notice and hearing or technical reviews for amendments to a water right. Filed 3/8/2017. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
HB 4006, by Larson, identical to SB 226, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for all of the river basins in this state. "Not later than December 1, 2020, the commission shall obtain or develop updated water availability models for the all of the river basins in this state." Filed 3/10/2017. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
HB 4045, by Cortez, Relating to the regulation and permitting of groundwater. Filed 3/10/2017. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
HB 4122, by Kacal, Relating to the transference of certain territory from one groundwater conservation district to another. For parcels of land greater than 1,000 acres and is included in two or more groundwater conservaton districts may request that the districts transfer portions of their territories as necessary for the entire parcel to be included in the territory of a single district. Filed 3/10/2017. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=...
SB 177, by Van, Taylor, Relating to the recovery of stranded oil, gas, or oil and gas from depleting Cenozoic Era reservoirs. 1/25/2017 Referred to Natural Resources& Economic Development. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=SB177
SB 189, by Uresti, Relating to notice of an application for a permit to drill certain injection wells within a certain distance of a groundwater conservation district. “A person making application to the railroad commission for a permit for an injection well to which this subchapter applies the proposed location of which is in the territory of or within 10 miles of the boundaries of a groundwater conservation district shall: (1) submit a copy of the application to the governing body of each such groundwater conservation district; and (2) submit with the application evidence showing that the applicant has complied with Subdivision (1). 1/25/2017 Referred to Agriculture, Water,& Rural Affairs. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=SB189
SB 226, by Van Taylor, identical to HB 3314, Relating to the procedure for action on certain applications for an amendment to a water right. Stipulates new exemptions from requirements regarding notice and hearing or technical reviews for amendments to a water right. 3/13/2017 Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=...
SB 696, by Perry, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. "Not later than December 1, 2020, the commission shall obtain or develop updated water availability models for the Brazos, Guadalupe, San Antonio, and Trinity River basins. The commission may collect data from all jurisdictions that allocate the waters of the rivers, including jurisdictions outside this state." 2/15/2017 Referred to Agriculture, Water, & Rural Affairs. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=...
SB 781, by Zaffirini, Relating to a limitation on the location of solid waste facilities. 2/22/2017 Referred to Agriculture, Water, & Rural Affairs. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=...
SB 939, by Bettencourt, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 3/1/2017 Referred to Natural Resources & Economic Development. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=...
SB 1053, by Perry, Relating to an appeal of a desired future condition in a groundwater management area. "A district's adoption of a desired future condition under Section 36.108(d-4) may be appealed by an affected person to a district court with jurisdiction over any part of the territory of the district. An appeal must be filed with the district court not later than the 120th day after the date of the adoption. The pleadings must provide evidence that the desired future condition adopted by the districts was unreasonable." 3/6/2017 Referred to Agriculture, Water & Rural Affairs. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=...
SB 1525, by Perry, Relating to a study by the Texas Water Development Board of water needs and availability in this state. 3/20/2017 Referred to Agriculture, Water, & Rural Affairs. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=...
SB 1529, by Creighton, Identical to HB 3084, Relating to the collection, analysis, and dissemination of information regarding the availability and quality of the groundwater resources in this state by the Geo-Technology Research Institute. "The institute shall use data from the Texas Water Development Board, the Railroad Commission of Texas, and the Bureau of Economic Geology of The University of Texas at Austin to develop a three-dimensional model of the availability and quality of the groundwater resources in this state. The institute shall digitize data necessary to develop the model, if necessary." 3/21/2017 Referred to Agriculture, Water, & Rural Affairs. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=...
SB 1628, by Estes, Relating to the replacement of contested case hearings for certain environmental permits with a petition for administrative review. Includes uranium mining permits. 3/22/2017 Referred to Natural Resources & Economic Development. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=...
SB 2026, by Rodriguez, Identical to HB 1536, Relating to a study and report by the Texas Commission on Environmental Quality on the use of green stormwater infrastructure in this state. ""green stormwater infrastructure" means stormwater infrastructure that reduces and treats stormwater at the source using vegetation, soils, and other elements and practices to restore some of the natural processes required to manage stormwater. The term includes the use of rain gardens, rainwater harvesting systems, and permeable pavement." Filed 3/10/2017. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=...
SB 2193, by Buckingham, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee. Is for sites that occupy at least 10 acres and is located inside the boundaries or extraterreitorial jurisdiction of a municipality. Filed 3/10/2017. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=...
Henry M. Wise, P.G.
The Wise Report
3/26/2017