The Wise Report
Henry M. Wise, P.G.
June 28, 2020
The Texas Commission on Environmental Quality (TCEQ) and the Texas Railroad Commission (RRC) have adopted a modification of their Memoranda of Understanding (MOU). This rulemaking adopts the repeal of §7.117, which adopts by reference the MOU between the RRC and the TCEQ as codified in the RRC Oil and Gas Division rules at 16 TAC §3.30. This rulemaking also adopts the current text of the MOU under new §7.117 and amends the text of the current MOU (in 16 TAC §3.30) to implement HB 2230 and HB 2771.
Historically, the text of the MOU has been codified in the RRC Oil and Gas Division rules at 16 TAC §3.30 and the TCEQ has adopted the MOU by reference at §7.117. The TCEQ and the RRC have collaborated on changes to the current MOU which are required by HB 2230 and HB 2771. The RRC proposed similar changes to its rule in 16 TAC §3.30 (February 28, 2020, issue of the Texas Register (45 TexReg 1290)).
The RRC and the TCEQ agree that both agencies intend that the MOU at 16 TAC §3.30, once amended, and the MOU adopted at §7.117 will include the same substantive explanations of jurisdiction and requirements. The TCEQ acknowledges that there will be some minor stylistic differences.
For more information go to: https://www.sos.state.tx.us/texreg/archive/June262020/Adopted%20Rules/30...
Henry M. Wise, P.G.
The Wise Report
6/28/2020