The Wise Report
Henry M. Wise, P.G.
January 1, 2012
The Railroad Commission of Texas proposes amendments to §3.30, relating to Memorandum of Understanding between the Railroad Commission of Texas (RRC) and the Texas Commission on Environmental Quality (TCEQ). The memorandum of understanding (MOU) between the TCEQ and the RRC was last updated substantively in August 2010. Article 2 of House Bill (HB) 2694, passed by the 82nd Texas Legislature and signed by the Governor, transferred from the TCEQ to the RRC duties relating to the protection of groundwater resources from oil and gas associated activities. Specifically, the law transfers from the TCEQ to the RRC, effective September 1, 2011, those duties pertaining to the responsibility of preparing groundwater protection advisory/recommendation letters.
After the transfer, the RRC will be responsible for providing surface casing and/or groundwater protection recommendations for oil and gas activities under the jurisdiction of the RRC. In addition, Article 2 of HB 2694 amended Texas Water Code, §27.046, transferring from the TCEQ to the RRC the responsibility of issuing to permit applicants for geologic storage of anthropogenic carbon dioxide a letter of determination stating that drilling and operating the anthropogenic carbon dioxide injection well for geologic storage or operating the geologic storage facility will not injure any freshwater strata in that area and that the formation or stratum to be used for the geologic storage facility is not freshwater sand.
For more information go to: http://www.sos.state.tx.us/texreg/sos/PROPOSED/16.ECONOMIC%20REGULATION.html#114-
RRC adopts new §4.635, relating to Memorandum of Understanding between the Railroad Commission of Texas (RRC) and the Texas Department of State Health Services (DSHS) Regarding Radiation Control Functions, without changes to the proposed text as published in the October 28, 2011, issue of the Texas Register (36 TexReg 7224). The purpose of the new rule is to delineate areas of respective jurisdiction and to coordinate the respective responsibilities and duties of the RRC and the DSHS in the regulation of sources of radiation in accordance with Texas Health and Safety Code (HSC) §401.414, to provide consistency, effectiveness and efficiency in radiation control functions. For more information go to: http://www.sos.state.tx.us/texreg/sos/adopted/16.ECONOMIC%20REGULATION.html#801
The RRC adopts new §3.29, relating to Hydraulic Fracturing Chemical Disclosure Requirements, with changes to the proposed text as published in the September 9, 2011, issue of the Texas Register (36 TexReg 5765). The e new rule is adopted to implement Texas Natural Resources Code, Chapter 91, Subchapter S, §91.851, relating to Disclosure of Composition of Hydraulic Fracturing Fluids, as enacted by House Bill (HB) 3328 (82nd Legislature, Regular Session, 2011).
For more information go to: http://www.sos.state.tx.us/texreg/sos/adopted/16.ECONOMIC%20REGULATION.html#797
Henry M. Wise, P.G.
The Wise Report
1/1/2012