The Wise Report
Henry M. Wise, P.G.
August 26, 2012
The Memorandum of Understanding (MOU) between the Texas Commission on Environmental Quality (TCEQ) and the Railroad Commission of Texas (RRC) was last updated in August 2010. House Bill (HB) 2694, Article 2, passed by the 82nd Legislature, 2011, 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, HB 2694, Article 2 amended Natural Resources Code to revise §91.011 and add §§91.0115, 91.020, and 91.1015 and amended Texas Water Code (TWC), §27.033. 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. Since the transfer, the RRC has been responsible for providing surface casing and/or groundwater protection recommendations for oil and gas activities under the jurisdiction of the RRC.
In addition, HB 2694, Article 2 amended TWC, §27.046, transferring from the TCEQ to the RRC the responsibility of issuing, to permit applicants for geologic storage of anthropogenic carbon dioxide (CO 2 ), a letter of determination stating that drilling and operating the anthropogenic CO 2 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.
The TCEQ's Surface Casing Program and staff transferred to the RRC effective September 1, 2011. The RRC's Surface Casing Program has been renamed the Groundwater Advisory Unit, and is now located in the William B. Travis Building, 1701 North Congress, Austin.
The TCEQ proposes to amend §7.117 to adopt by reference a revised MOU between the RRC and the TCEQ. The RRC has adopted an amendment to 16 TAC §3.30, Memorandum of Understanding between the RRC and the TCEQ, to reflect the changes in law made under HB 2694, Article 2 (see April 6, 2012, issue of the Texas Register (37 TexReg 2385)). The specific MOU provisions are in 16 TAC §3.30, while Chapter 7, Memoranda of Understanding, incorporates by reference the rules in 16 TAC §3.30. For more information go to: http://www.sos.state.tx.us/texreg/sos/PROPOSED/30.ENVIRONMENTAL%20QUALITY.html#191
The TCEQ also proposes the repeal of §§339.1 - 339.3 for the TCEQ Surface Casing Program, while the RRC will adopt concurrent amendments to their regulations to reflect the changes in law made under HB 2694, Article 2. The rules in Chapter 339 authorized the executive director to provide groundwater protection letters to the RRC for use in various activities and applications before the RRC and to collect a fee for the expedited processing of a request for a groundwater protection recommendation. Because the executive director no longer provides the groundwater protection letters to the RRC, the commission's rules in Chapter 339 are no longer necessary. Therefore, the commission proposes the repeal of §§339.1 - 339.3 in their entirety. For more information go to: http://www.sos.state.tx.us/texreg/sos/PROPOSED/30.ENVIRONMENTAL%20QUALITY.html#195