The Wise Report
Henry M. Wise, P.G.
September 15, 2013
The Texas Commission on Environmental Quality (TCEQ) proposes amendments to §§307.2 - 307.4 and 307.6 - 307.10. The Federal Water Pollution Control Act, §303 (commonly referred to as the Clean Water Act, 1972, 33 United States Code, §1313(c)), requires all states to adopt water quality standards for surface water. A water quality standard consists of the designated beneficial use or uses of a water body or a segment of a water body and the water quality criteria that are necessary to protect the use or uses of that particular water body. Water quality standards are the basis for establishing discharge limits in wastewater and stormwater discharge permits, setting instream water quality goals for total maximum daily loads (TMDLs), and providing water quality targets to assess water quality monitoring data.
The states are required under the Clean Water Act to review their water quality standards at least once every three years and revise them, if appropriate. States review standards because new scientific and technical data may be available that have a bearing on the review. Further, environmental changes over time may also warrant the need for a review. Where water quality data do not meet established uses, the standards must be periodically reviewed to see if uses can be attained. Additionally, water quality standards may have been previously established for the protection and propagation of aquatic life and for recreation in and on the water without sufficient data to determine whether the uses were attainable. Finally, changes in the Texas Water Code (TWC), in the Clean Water Act, or in the United States Environmental Protection Agency's (EPA) regulations may necessitate reviewing and revising standards to ensure compliance with current statutes and regulations.
Following adoption of revised water quality standards by the commission, the Governor or designee must submit the officially adopted standards to the EPA Region 6 Administrator for review. The Regional Administrator reviews the state's standards to determine compliance with the Clean Water Act and implementing regulations. Standards are not applicable to regulatory actions under the Clean Water Act until approved by the EPA.
As directed by the commissioners at the August 21, 2013, Agenda Meeting, the TCEQ is seeking comment on the proposed revision to potentially add a second category of primary contact recreation (primary contact recreation 2). This proposed revision is shown in §§307.3, 307.4, and 307.7, as described in the Section by Section Discussion section of this preamble. As part of this proposal, the term "primary contact recreation" would change to primary contact recreation 1 throughout Chapter 307. For more information go to: http://www.sos.state.tx.us/texreg/sos/Proposed%20Rules/30.ENVIRONMENTAL%20QUALITY.html#73
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The Railroad Commission of Texas (RRC) proposes amendments to §§3.78 relating to Fees and Financial Security Requirements for oil and gas, to update the surcharge calculation methodology required pursuant to Texas Natural Resources Code §§81.070 and 81.067. For more information go to http://www.rrc.state.tx.us/rules/prop-amend-3-78-surcharge-mthdlgy-Sept2013.pdf.
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The RRC proposes amendments to 16 Texas Administrative Code (TAC) §§12.108, relating to Permit Fees for coal mining. These rule amendments are necessart to implement provisions of Senate Bill 1 and, specifically, Article VI, RRC Rider 8, which requires the amounts appropriated from general revenue for state fiscal years 2014 and 2015 to cover the cost of permitting and inspecting coal mining facilities. For more information go to: http://www.rrc.state.tx.us/rules/prop-amend12-108-fees-Sept2013.pdf
Henry M. Wise, P.G.
The Wise Report
September 15, 2013