The Wise Report - February 11, 2017

The Wise Report

Henry M. Wise, P.G.

February 11, 2017


The TCEQ Remediation Division issued revised guidance for Risk-based Corrective Action for LPST Sites. The guidance document formerly known as RG-36, Risk-based Corrective Action for Leaking Storage Tank Sites has been renamed and is now known as RG-523/PST-03 Risk-based Corrective Action for LPST Sites.  The revised guidance also incorporates components of the 1995 RG-175 Guidance for Risk-Based Assessments at LPST Sites in Texas.  Emphasizing Initial Investigations and Plan A Evaluationand the following interoffice memoranda:


·    “Chapter 334 Closure Criteria for Domestic Irrigation Wells,” September 6, 2006.

·    “Process for Expedited Closure for Evaluation of Priority 4.1 Petroleum Hydrocarbon LPST Sites,” July 17, 2003.

·     “Guidance for Leaking Petroleum Storage Tank (LPST) Sites Located on State Designated Major/Minor Aquifers or Local Water Supply,” November 1, 1999.

·     “Adjustment to March 6, 1997 Protective Concentrations in Groundwater for Construction Worker Exposure to Account for Time-Averaged Exposure,” August 12, 1997.

·    “Clarifications and Amendments for Implementation of RG-36,” March 6, 1997.

·     “Guidance for Judging the Adequacy of Contaminant Delineation for Purposes of Determining if Further Corrective Action is Needed,” February 10, 1997.

·     “Process for Evaluating Petroleum Hydrocarbon LPST Sites Exceeding Target Concentrations,” February 10, 1997.


The guidance document is available on the TCEQ webpage:


Former U.S. Environmental Protection Agency Administrator Gina McCarthy on January 3, 2017 signed a proposed revision to 40 CFR Part 192 that would regulate byproduct materials produced by in-situ recovery activities—with a primary focus on groundwater protection and restoration for uranium deposits. The proposed rule would set post-restoration groundwater standards for 12 constituents and add monitoring requirements.


The EPA first proposed new groundwater protection standards for in-situ recovery facilities in January 2015. After reviewing public comments and new information, EPA decided to re-propose the rule and solicit additional public comment rather than finalize the rule. The proposed rule was published in the Federal Register on January 19, 2017 with a 180-day comment period that will end July 18, 2017. You can view and comment on the proposed rule at:


The State Legislature is now in session. The following is a list of bills of potential interest to geologists. There are two new bills this week. New information is listed in bold:


HB 484, by Spring, Relating to training required to qualify for or renew a license issued by the Texas Commission on Environmental Quality. The TCEQ must provide a location within 100 miles of the place of employment of a person who is required to receive the training, reimbursement for travel and lodging expenses incurred if training isn't available within 100 miles, or online training. Filed 12/2/2016. For more information go to:


HB 815, by Burkett, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that considers the costs and environmental effects and benefits expected to result from implementation of and compliance with the rule." Filed 1/4/2017. For more information go to:


HB 1515, by Elkins, Relating to the expiration of the dry cleaner environmental response program. "A corrective action, including any administrative duties associated with the action, for which remediation of a contaminated site has begun before September 1, 2050, shall be completed in accordance with this chapter using money from the fund, to the extent possible, but money may not be collected for or added to the fund on or after that date." Filed 2/2/2017. For more information go to:


HB 1519, by Mary Gonzalez, Relating to requirements for the construction of a natural gas pipeline. "A person seeking to construct a pipeline to which this chapter applies may not begin construction of the pipeline unless the person first performs an analysis to identify and assess potential impacts on the natural and human environment that could result from the construction and operation of the pipeline and submits the analysis to the railroad commission in writing." Filed 2/2/2017. For more information go to:


HB 1536, by Farrar, Relating to a study and report by the Texas Commission on Environmental Quality on the use of green stormwater infrastructure in this state. ""green stormwater infrastructure" means stormwater infrastructure that reduces and treats stormwater at the source using vegetation, soils, and other elements and practices to restore some of the natural processes required to manage stormwater. The term includes the use of rain gardens, rainwater harvesting systems, and permeable pavement." Filed 2/3/2017. For more information go to:


HB 1597, by Bell, Relating to a study and report by the Texas Commission on Environmental Quality on the use of green stormwater infrastructure in this state.  "This chapter may be cited as the Texas Tertiary Recovery Unitization Act."  Filed 2/6/2017. For more information go to:


SB 177, by Van, Taylor, Relating to the recovery of stranded oil, gas, or oil and gas from depleting Cenozoic Era reservoirs. 1/25/2107 Referred to Natural Resources& Economic Development. For more information go to:


 SB 189, by Uresti, Relating to notice of an application for a permit to drill certain injection wells within a certain distance of a groundwater conservation district. “A person making application to the railroad commission for a permit for an injection well to which this subchapter applies the proposed location of which is in the territory of or within 10 miles of the boundaries of a groundwater conservation district shall: (1)  submit a copy of the application to the governing body of each such groundwater conservation district; and (2)  submit with the application evidence showing that the applicant has complied with Subdivision (1). 1/25/2017 Referred to Agriculture, Water, & Rural Affairs. For more information go to:


SB 696, by Perry, Relating to a requirement that the Texas Commission on Environmental Quality obtain or develop updated water availability models for certain river basins. "Not later than December 1, 2020, the commission shall obtain or develop updated water availability models for the Brazos, Guadalupe, San Antonio, and Trinity River basins. The commission may collect data from all jurisdictions that allocate the waters of the rivers, including jurisdictions outside this state."1/31/2017 Filed. For more information go to:


SB 781, by Zaffirini, Relating to a limitation on the location of solid waste facilities. 2/8/2017 Filed. For more information go to:


Henry M. Wise, P.G.

The Wise Report


Henry M. Wise, P.G.
Saturday, February 11, 2017
Government Update