ASR in TEXAS: OPEN FOR “BIDNESS”

Presented byBrian L. Sledge, SledgeLaw Group PLLC Charles Maguire, Texas Commission on Environmental Quality

Groundbreaking Legislation in 2015

Expedited TCEQ Rules Adopted in 2016

HB 655 – a TWCA initiative—and TCEQ Rules:

• Eliminated requirement for pilot projects

• Allowed different types of TCEQ authorizations

• Clarified notice requirements

HB 655 – a TWCA initiative—and TCEQ Rules:

• Authorized GCD involvement if ASR pumps more water than is recoverable

• Allow injection of “water”—multiple sources

• Amended Chapter 11 to eliminate need for most surface water amendments

HB 655 and TCEQ Rules:

• Required compliance with federal Safe Drinking Water Act, but no more strict.

• Established metering, testing, and reporting requirements

• Possible perimeter water quality testing

Examples of What the Final Rules Exclude• References to “pollution” and “pathogens

and other organisms”

• Prohibitions on arsenic release (2013 EPA letter to State of Florida)

• Requirements re: injection of treated wastewater that exceed SWDA standards

What Project Applicants Must Know:

•Much of what is allowed is not expressly in the TCEQ rules or the statute

•No new FTEs for TCEQ, so you have the burden on the science and the law—get competent help

Issues Not Addressed by Statute or Rules

• Liability/Trespass

•How to protect “the bubble”

The Big Picture of ASR Regulation

FAQs• Why is ASR regulation under the

Radioactive Materials Division at TCEQ?

• Is my project really an ASR project?

• Is there a separate application form for ASRs from other Class V wells?

ASR Applicants Must Demonstrate:• Compliance with federal Safe Drinking

Water Act

• Amount of injected water that can be recovered

• Effect of ASR project on existing water wells

• Impacts on native groundwater

Three Types of Authorization for ASRs• General Permit

• Individual Permit

• Authorization by Rule –the most common type, it’s important to understand

My Best Advice?

Talk to TCEQ early in the process! We’re here to help.

Questions?