The Wise Report

 
The Wise Report
Henry M. Wise, P.G.
March 7, 2009
 
The TCEQ has adopted a number of new rules for both underground storage tanks (removal from the TRRP program and placing back into the RBCA program) and uranium exploration and production.  The complete rules can be found at:  http://www.tceq.state.tx.us/rules/adopt.html#09003.  These are discussed in more detail below.
 
Remediation of Leaking Petroleum Storage Tank (LPST) sites, evvective March 19, 2009, has been removed from Chapter 350, Texas Risk Reduction Program and placed back under Chapter 334.  This means that any LPST sites that are being remediated under TRRP may now be remediated under RBCA.
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The Texas Commission on Environmental Quality (TCEQ) adopts amended §§37.9001, 37.9030, 37.9035, 37.9040, 37.9045, and 37.9050.  Sections 37.9040, 37.9045, and 37.9050 are adopted with changes to the proposed text and have been republished. Sections 37.9001, 37.9030, and 37.9035 are adopted without changes to the proposed text as published in the September 5, 2008, issue of the Texas Register (33 TexReg 7422) and were not republished. The changes adopted to this chapter are part of a larger adoption to revise the TCEQ's radiation control and underground injection control (UIC) rules. The purpose of this rulemaking is to implement the remaining portions of Senate Bill (SB) 1604, 80th Legislature, 2007, its amendments to Texas Health and Safety Code (THSC), Chapter 401 (also known as the Texas Radiation Control Act (TRCA)), and House Bill (HB) 3838, 80th Legislature, 2007. This rulemaking incorporates new provisions for notice and contested case hearing opportunities related to Production Area Authorizations and UIC Area Permits, financial assurance requirements, and new state fees on gross receipts associated with the radioactive waste disposal. HB 3838 specifically addresses the period between uranium exploration, which is regulated by the Railroad Commission of Texas (RRC), and permitting of injection wells for in situ uranium mining, which is regulated by TCEQ. HB 3838 requires TCEQ to establish a registration program for exploration wells permitted by the RRC that are used for development of the UIC area permit application. In response to a previous petition for rulemaking, the commission has also directed staff to review, seek stakeholder input on, and recommend revision of commission rules related to in situ uranium recovery. The adopted amendments to Chapter 37 establish the financial assurance requirements for licenses for source material recovery, by-product material disposal, and radioactive substances storage and processing. The TCEQ adopts the existing financial assurance requirements of Chapter 37, Subchapter T to be used for the licensing programs subject to the transfer of jurisdiction in SB 1604. SB 1604 also establishes a new state fee for disposal of radioactive substances and amends UIC requirements for uranium mining.  For more information go to:  http://www.sos.state.tx.us/texreg/sos/adopted/30.ENVIRONMENTAL%20QUALITY.html#465
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The TCEQ adopts amended §§39.403, 39.651, 39.653, 39.702, 39.703, and 39.707; and adopts new §39.655. Sections 39.403, 39.651, 39.653, 39.655 39.702, 39.703, and 39.707 are adopted without changes to the proposed text as published in the September 5, 2008, issue of the Texas Register (33 TexReg 7429) and are not republished. The changes adopted to this chapter are part of a larger adoption to revise the TCEQ's radiation control and UIC rules. The purpose of this rulemaking is to implement the remaining portions of Senate Bill (SB) 1604, 80th Legislature, 2007, its amendments to THSC, Chapter 401 (also known as the  TRCA), Texas Water Code (TWC), Chapter 27 (also known as the Injection Well Act), and House Bill (HB) 3838, 80th Legislature, 2007. This rulemaking incorporates new provisions for notice and contested case hearing opportunities related to Production Area Authorizations and UIC Area Permits, financial assurance requirements, and new state fees on gross receipts associated with the radioactive waste disposal. HB 3838 specifically addresses the period between uranium exploration, which is regulated by the RRC, and permitting of injection wells for in situ uranium mining, which is regulated by TCEQ. HB 3838 requires TCEQ to establish a registration program for exploration wells permitted by the RRC that are used for development of the UIC area permit application. In response to a previous petition for rulemaking, the commission has also directed staff to review, seek stakeholder input on, and recommend revision of commission rules related to in situ uranium recovery. The adopted amendments to Chapter 39 amend public notice requirements for applications for radioactive materials licenses, injection well permits and production area authorizations, and aquifer exemptions. The rules clarify requirements for public notice of radioactive materials licenses, add requirements for the provision of public notice for injection well permits and production area authorizations to mineral interest owners and groundwater conservation districts, and establish specific requirements for public notice of aquifer exemptions.  For more information go to:  http://www.sos.state.tx.us/texreg/sos/adopted/30.ENVIRONMENTAL%20QUALITY.html#474
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The TCEQ adopts an amendment to §55.201 with changes to the proposed text as published in the September 5, 2008, issue of the Texas Register (33 TexReg 7423) and has been republished. The changes adopted to this chapter are part of a larger adoption to revise the commission's radiation control and UIC rules. The purpose of this rulemaking is to implement the remaining portions of Senate Bill (SB) 1604, 80th Legislature, 2007, its amendments to THSC, Chapter 401 (also known as the TRCA), and House Bill (HB) 3838, 80th Legislature, 2007. This rulemaking incorporates new provisions for notice and contested case hearing opportunities related to Production Area Authorizations and UIC Area Permits, financial assurance requirements, and new state fees on gross receipts associated with the radioactive waste disposal. HB 3838 specifically addresses the period between uranium exploration, which is regulated by the RRC, and permitting of injection wells for in situ uranium mining, which is regulated by TCEQ. HB 3838 requires TCEQ to establish a registration program for exploration wells permitted by the RRC that are used for development of the UIC area permit application. In response to a previous petition for rulemaking, the TCEQ has also directed staff to review, seek stakeholder input on, and recommend revision of TCEQ rules related to in situ uranium recovery. For more information go to:  http://www.sos.state.tx.us/texreg/sos/adopted/30.ENVIRONMENTAL%20QUALITY.html#481
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source: 
Henry M. Wise
releasedate: 
Saturday, March 7, 2009
subcategory: 
Government Update