The Wise Report
Henry M. Wise, P.G.
March 22, 2009
The TCEQ has released a bulletin (http://www.tceq.state.tx.us/assets/public/remediation/rpr/documents/rg_411_bulletin.pdf) with new action levels to be use with the amend 30 TAC 334 rules. The new action levels are applicable to all releases reported to the agency on or after March 19, 2009. The investigation and sampling requirements established in RG-411 remain the same. The upcoming revisions to RG-411 will remove references to the Texas Risk Reduction (TRRP) rule and revise Table 1 to reflect the action levels listed in the bulletin.
In addition, TCEQ-0621, Release Determination Report Form has been revised due to the 30 TAC 334 rule change effective March 19, 2009. Use it to report the results of all release determination activities. The form is available in Word and in PDF formats.
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The Houston Geologic Society and the Texas Association of Professional Geoscientists have both passed resolutions in favor of SB 940 and SB 641, which pertain to the Texas Board of Professional Geoscientists. Information on these two bills are discussed below.
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The following is a list of new legislation that may be of interest to Texas geologists. For those who've been following the legislative developments, you'll notice that this list has expanded considerably. Those bills listed with an "*" are new listings, those in bold are updated information.
S.B 136. Author: Ellis. 2/10/2009-Referred to Natural Resources. Relating to the Texas Global Warming Solutions Act; imposing a fee and providing a penalty. For full details go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB136
S.B. 273 (same as H.B. 177). Author: Nichols. 3/24/2009-Scheduled for Public Hearing. Relating to testing requirements for certain commercial injection wells. This bill allows for additional soil testing and groundwater monitoring. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB273
H.B. 177 (same as S.B. 273, above). Author: Creighton. 3/24/2009-Scheduled for Public Hearing. Relating to testing requirements for certain commercial injection wells. This bill allows for additional soil testing and groundwater monitoring. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB273
S.B. 274 (same as H.B. 178). Author: Nichols. 3/24/2009-Scheduled for Public Hearing. Relating to limitation on the location of injection wells. Prohibits injection wells near faults, in recharge zones, and within 0.5 miles of water supply wells, residences, schools, churches, etc. Doesn't say what type of injection wells and therefore has the potential to shut down ISR mining. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB274
H.B. 178 (same as S.B. 274, as above). Author: Creighton. 2/12/2009-Referred to Natural Resources. Relating to limitation on the location of injection wells. Prohibits injection wells near faults, in recharge zones, and within 0.5 miles of water supply wells, residences, schools, churches, etc. Doesn't say what type of injection wells and therefore has the potential to shut down ISR mining. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB178
S.B. 275 (same as H.B. 179). Author: Nichols. 3/24/2009-Scheduled for Public Hearing. Relating to the application of new requirements for commercial underground injection control wells to be adopted by the Texas Commission on Environmental Quality. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB273
H.B. 179 (same as S.B. 275, above). Author: Creighton. 3/24/2009-Scheduled for Public Hearing. Relating to the application of new requirements for commercial underground injection control wells to be adopted by the Texas Commission on Environmental Quality. Full details can be found at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB273
S.B. 448. Author: Carona. 3/20/2009-Committee Report Printed and Distributed. Relating to the authority of the Texas Department of Transportation to mitigate adverse environmental impacts resulting from the construction, improvement, or maintenance of state highways or state highway facilities. Full details can be found at: