The Wise Report
Henry M. Wise, P.G.
June 5, 2022
The Texas Board of Professional Geoscientists (TBPG) adopts an amendment to 22 TAC §851.158 regarding TBPG complaint procedures. This amendment is adopted without changes to the proposed text as published in the March 18, 2022, issue of the Texas Register (47 TexReg 1426) and will not be republished. The adopted amendment streamlines TBPG's complaint procedures by decreasing from 30 days to 20 days the amount of time within which a respondent must respond to a notice of alleged violation. The shortened timeframe allows for more timely resolution of complaints. This amendment also makes the agency's practice consistent with other regulatory and occupational licensing agencies in Texas. For more information go to: https://www.sos.state.tx.us/texreg/archive/June32022/Adopted%20Rules/22....
The Texas Commission on Environmental Quality (TCEQ, agency, or commission) adopts amendments to §331.11 without changes to the proposed text as published in the December 31, 2021, issue of the Texas Register (46 TexReg 9189. This rulemaking adoption implements House Bill (HB) 1284, 87th Texas Legislature, Regular Session (RS), 2021, addressing agency jurisdiction over regulation of injection and geologic storage of anthropogenic carbon dioxide (CO2) in Texas.
Class VI underground injection control (UIC) wells are authorized under the federal Safe Drinking Water Act and are used to inject anthropogenic CO2 into the subsurface for geologic sequestration and storage. Owners and operators of these wells must first obtain a permit from the United States Environmental Protection Agency (EPA) in order to inject and store anthropogenic CO2, unless EPA has delegated permitting jurisdiction, known as "primacy," to a state to issue such permits. Texas has primacy over the permitting of all other classes of UIC wells, but not over Class VI wells. Prior to HB 1284, Chapter 27 of the Texas Water Code (TWC) split jurisdiction over Class VI wells between the Railroad Commission of Texas (RRC) and the TCEQ, depending on the type of project producing the anthropogenic CO2 and the zone into which the anthropogenic CO2 will be injected. In HB 1284, the legislature consolidated the jurisdiction over onshore and offshore Class VI UIC wells solely to the RRC and directed the RRC to apply for and obtain primacy of this permitting program from the EPA.
Although permitting of Class VI injection wells under HB 1284 is delegated solely to the RRC, the TCEQ will be required to issue a letter of determination to an applicant who is pursuing a Class VI permit from the RRC stating that Class VI injection operations will not impact or interfere with any previous or existing Class I injection well, including any associated waste plume, or any other injection well authorized or permitted by the TCEQ. For more information, go to: https://www.sos.state.tx.us/texreg/archive/June32022/Adopted%20Rules/30....
Henry M. Wise, P.G.
The Wise Report
6/5/2022