Texas Environmental Update - February 14, 2014

by Bracewell LLP

We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated community in Texas.


EPA Proposes TCEQ Take Over GHG Permitting in Texas
Energy Legal Blog, February 7, 2014
On Tuesday, February 4, 2014, EPA issued a pre-publication copy of a proposed rule that if adopted would transfer greenhouse gas (GHG) permitting in Texas from EPA Region 6 to the Texas Commission on Environmental Quality (TCEQ). The proposed rule has yet to be published in the Federal Register. When it is published, the public [...]

European Union Decision Clears the Way for Fracking Investment
Energy Legal Blog, February 3, 2014
Major news out of Europe confirmed the strongly held belief of many in the energy sector that European states will be the next frontier in the shale gas revolution, and it seems sooner rather than later. In a much anticipated decision, on January 22, 2014, the European Union adopted a series of non-binding recommendations on [...]


Agendas & Work Sessions

Commissioners' February 26, 2014 Meeting Agenda
TCEQ Web Site

Commissioners' February 12, 2014 Agenda Meeting Webcast

In the News:


Study: Idling Hurts Air Quality
Denton Record-Chronicle, February 9, 2014
"A local study of air emissions in the Barnett Shale suggests that trucks serving the oil and gas field spend an average of six hours per trip in extended idling, contributing to air pollution and ozone levels in North Texas."


TCEQ Approves Fines Totaling $ 386,735
TCEQ Web Site, February 12, 2014
"The Texas Commission on Environmental Quality today approved penalties totaling $196,888 against 22 regulated entities for violations of state environmental regulations."

Regulatory Developments

What's New in TCEQ Rules
TCEQ Web Site, February 10, 2014


Impacts of Historic Drought Linger in Texas
Beaumont Enterprise, February 13, 2014
"HOUSTON (AP) - Almost three years have passed since the rains returned and Texas emerged from a historic drought. Yet there still isn't enough water."

TCEQ Defers Decision on Colorado River Rice Farmers
The Texas Tribune, February 12, 2014
"Following hours of heated public testimony, the Texas Commission on Environmental Quality on Wednesday determined it couldn't yet make a decision on instituting a temporary emergency plan that would likely cut off the flow of water to rice farmers in the Lower Colorado River Basin for the third straight year."


Notice of Proposed Rulemaking, Environmental Policies and Procedures
79 Federal Register 6740, February 4, 2014


Notice of 30 Day Public Comment Period Regarding the National Interest Determination for TransCanada Keystone Pipeline, L.P.'s Presidential Permit Application
79 Federal Register 6984, February 5, 2014


Final Rule, Approval and Promulgation of Implementation Plans; Texas; Revisions to the New Source Review (NSR) State Implementation Plan (SIP); Standard Permit for Oil and Gas Facilities and Standard Permit Applicability
79 Federal Register 8861, February 14, 2014

Proposed Rule, Approval and Promulgation of Implementation Plans; Texas; Revisions for Permitting of Particulate Matter With Diameters Less Than or Equal to 2.5 Micrometers (PM2.5)
79 Federal Register 8916, February 14, 2014

Availability of Guidance Documents; Permit Appeals; Citizens' Guide to the Environmental Appeals Board; Superfund Program; Consent Agreements
79 Federal Register 8967, February 14, 2014

Notice of Availability of EPA Documents Regarding Implementation of the Safe Drinking Water Act's Underground Injection Control Program Existing Requirements for Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels
79 Federal Register 8451, February 12, 2014

Proposed Rule, Approval and Promulgation of Implementation Plans; Texas; Revisions to the New Source Review State Implementation Plan; Flexible Permit Program
79 Federal Register 8368, February 12, 2014

Final Rule, Hazardous Waste Management System; Modification of the Hazardous Waste Manifest System; Electronic Manifests
79 Federal Register 7518, February 7, 2014

Annual EPA Enforcement Results Highlight Focus on Major Environmental Violations
EPA Web Site, February 7, 2014
"WASHINGTON - The U.S. Environmental Protection Agency (EPA) today released its annual enforcement and compliance results demonstrating a focus on violations that have the most impact on public health."

Notice of Availability and Public Comment Period; Release of Draft Integrated Review Plan for the Primary National Ambient Air Quality Standards for Oxides of Nitrogen
79 Federal Register 7184, February 6, 2014

Publicly Available Tool Reports on Different Types of Pollution
EPA Web Site, February 6, 2014
"DALLAS - The U.S. Environmental Protection Agency's Toxic Release Inventory (TRI) data is now available for the reporting year of 2012."

Comment Request; Draft Supporting Materials for the Science Advisory Board Panel on the Role of Economy-Wide Modeling in U.S. EPA Analysis of Air Regulations
79 Federal Register 6899, February 5, 2014

EPA's 2012 Toxics Release Inventory Shows Air Pollutants Continue to Decline
EPA Web Site, February 4, 2014
"WASHINGTON - Total releases of toxic chemicals decreased 12 percent from 2011-2012, according to the U.S. Environmental Protection Agency's (EPA) annual Toxics Release Inventory (TRI) report released today."

Direct Final Rule, Approval and Promulgation of Air Quality Implementation Plans; Texas; Approval of Texas Motor Vehicle Rule Revisions
79 Federal Register 5287, January 31, 2014


Texas Railroad Commission Sends Warning to Drillers About Flaring
Dallas Business Journal, February 13, 2014
"The State of Texas issued more than 3,000 permits to flare gas on oil wells in 2013, compared to just 651 issued in 2011."

Editorial: For Railroad Commission
Houston Chronicle, February 12, 2104
"The Texas Railroad Commission doesn't regulate railroads."

Editorial: We Recommend Sitton in GOP Race for Railroad Commissioner
Dallas Morning News, February 4, 2014
"This newspaper recommends oil and gas technology executive Ryan Sitton in a four-way GOP primary contest for a seat on the Texas Railroad Commission."


Nuclear Waste Storage on Texas Lawmakers' Agenda
The Texas Tribune, February 12, 2014
"Could Texas' wide-open spaces help solve the country's nuclear waste storage problem?"

Who's Carlos Rubinstein?
Houston Chronicle, February 9, 2014
"AUSTIN, Texas (AP) - To get a sense of the pressure Carlos Rubinstein faces five months into his job as chairman of the Texas Water Development Board, consider this: Not only has he had meetings with dozens of underwriters hoping for a hand in the billions of dollars under his control and fielded questions from civic groups, he also has found himself getting grilled by a 9-year-old girl."

SMU Earthquake, Drilling Findings Are Years Off
Dallas Morning News, February 7, 2014
"Scientists at SMU studying the earthquakes around Azle warned Friday that it would be years before they were able to determine a possible link to nearby natural gas drilling."


Methane Leaks From North American Natural Gas Systems
Science, February 14, 2014
"This study synthesizes the state of knowledge of leakage of gas from natural gas (NG) systems in North America."

Hydraulic Fracturing & Water Stress: Water Demand by the Numbers
Ceres, February 2014
"This Ceres research paper analyzes escalating water demand in hydraulic fracturing operations across the United States and western Canada."

83rd Legislature Interim Committee Charges
Texas Speaker of the House Web Page, January 31, 2014
"These charges will help every standing committee in the Texas House begin the important work of preparing for the 2015 legislative session."

Source and Fate of Hydraulic Fracturing Water in the Barnett Shale: A Historical Perspective
Environmental Science & Technology, January 27, 2014
"Our objective was to quantify HF water volume in terms of source, reuse, and disposal, using the Barnett Shale in Texas as a case study. Data were obtained from commercial and state databases, river authorities, groundwater conservation districts, and operators."

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Bracewell LLP | Attorney Advertising

Written by:

Bracewell LLP

Bracewell LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.