The Wise Report
Henry M. Wise, P.G.
January 19, 2019
The Texas Commission on Environmental Quality (TCEQ), Remediation Division has released a revised version of the Texas Risk Reduction Program (TRRP) guidance document, Screening Target COCs from PCL Development (RG-366/TRRP-14), dated January 2019. This document was updated to make it consistent with the 2007 and 2009 updates to the TRRP rule and to make it fully accessible.
You can access TRRP-14 using the link: https://www.tceq.texas.gov/assets/public/comm_exec/pubs/rg/rg-366-trrp-14.pdf
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The State Legislature is now in session and bills are being filed and worked on. New information is listed in bold (seven new bills listed):
HB 223, by Reynolds, Relating to the funding through greenhouse gas emissions fees of energy efficiency programs administered by certain utilities; authorizing a fee. Filed 11/12/2018. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB223
HB 225, by Reynolds, Relating to the analysis of inspection and maintenance requirements for air quality permits issued by the Texas Commission on Environmental Quality for certain oil and gas facilities. Regulates fugitive emissions from all oil field equipment, the use of venting and flaring, etc. Filed 11/12/2018. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB225
HB 245, by Farrar, Relating to a requirement to make certain environmental and water use permit applications available online. "The applicant shall post a copy of the application on a publicly accessible Internet website and provide to the commission the address of that website." Filed 11/12/2018. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB245
HB 478, by Phelan, Relating to the funding of flood planning, mitigation, and infrastructure projects. Filed 12/6/2018. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB478
HB 481, by Kuempel, Relating to the storage and recovery of water in a portion of the Edwards Aquifer. Filed 12/6/2018. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB481
HB 720, by Larson, Relating to appropriations of water for use in aquifer storage and recovery projects. Filed 1/10/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB720
HB 721, 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. Filed 1/10/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB721
HB 722, by Larson, Relating to the development of brackish groundwater. Filed 1/10/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB722
HB 723, by Larson, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. Filed 1/10/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB723
HB 724, by Larson, Relating to the authorization by the Texas Commission on Environmental Quality of the discharge, diversion, and transfer or other reuse of treated brackish groundwater and return flows derived from treated brackish groundwater. Filed 1/10/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB724
HB 726, by Larson, Relating to the regulation of groundwater. Filed 1/10/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB726
HB 801, by Walle, Relating to the establishment of a task force to conduct a comprehensive study on flood control infrastructure for Harris County. Filed 1/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB801
HB 807, by Larson, Relating to the state and regional water planning process. Filed 1/14/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB807
HB 893, by Dutton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." Filed 1/17/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB893
HB 907, by Huberty, Relating to the penalty for failure to register certain aggregate production operations with the Texas Commission on Environmental Quality. Fines will double. Filed 1/17/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB907
HB 908, by Huberty, Relating to the regulation of aggregate production operation by the Texas Commission on Environmental Quality; increasing an administrative penalty. Filed 1/17/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB908
HB 909, by Huberty, Relating to best management practices for aggregate production operations. Filed 1/17/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB909
HB 928, by Huberty, Relating to establishing the Texas Climate Change Mitigation and Adaptation Commission to study and address the impacts of climate change in this state. Sets up who's on the Commission. Interestingly, the TCEQ nor geologists are listed, although the TCEQ could be brought in, as needed, and a geologist could be chosen by one of the various groups listed. Filed 1/18/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB928
SB 179, by Miles, Relating to the establishment of a task force to conduct a comprehensive study on flood control infrastructure for Harris County. Received by the Secretary of the Senate 11/14/2018. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB179
SB 185, by Miles, Relating to the response to certain oil or gas well accidents by state agencies and responsible parties. An operator of an oil or gas well shall give immediate notice of a fire, leak, spill, or break at the well to the appropriate commission oil and gas division district office and submit to the commission a letter giving a full description of the event, including the volume of crude oil, gas, or other well liquids or gases lost. Received by the Secretary of the Senate 11/14/2018. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=SB185
Henry M. Wise, P.G.
The Wise Report
1/19/2019