Status of UIC Rulemaking from the 83 rd Legislature House Bill 1079 In Situ Uranium Mining

1. Status of UIC Rulemaking from the 83rdLegislature House Bill 1079 In Situ Uranium Mining David Murry, P.G. Underground Injection Control Permits Section Radioactive Materials Division Texas Commission on Environmental Quality TCEQ Trade Fair May 7, 2014

2. House Bill 1079 • Passed during the 83rd Session of the Texas Legislature (2013). • Authored by Smith, Guillen, and Kleinschmidt; co-authored by Kuempel. • Sponsored by Hancock; co-sponsored by Lucio.

3. House Bill 1079 • Bill addresses: • New requirements for Class III UIC Underground Injection Control (UIC) Area Permits. • Conditions under which an application for a Production Area Authorization (PAA), issued under a Class III UIC Permit, is not a contested matter.

4. House Bill 1079 • Amended Texas Water Code, Section 27.0513 to: • Remove existing conditions under which a PAA application is subject to opportunity for a contested case hearing; • Add requirement for a permit range table in new, amended, or renewed Class III UIC Permits; and

5. House Bill 1079 • Add conditions under which a PAA application is not subject to opportunity for a contested case hearing.

6. Permit Range Table • New, amended, or renewed Class III UIC permits must include a permit range table that has high and low values for 26 groundwater quality parameters. • Values in table must be based on analysis of groundwater samples from wells completed in production zone within production area.

7. Permit Range Table • Samples must be from wells within permit area. • Values in table must be from samples collected prior to mining. • Samples must be from wells completed in the production zone: • Baseline wells • Monitor wells • Other wells

8. PAA Restoration Table • PAA Restoration Table values must be within respective ranges in the Permit Range Table. • Otherwise, the permit range table must be amended such that restoration table values are within respective ranges of Permit Range Table; this type of amendment would be subject to opportunity for a contested case hearing.

9. Opportunity for Hearing

10. Affected Rules • The following chapters in Title 30 of the Texas Administrative Code are affected by this rulemaking: • Chapter 55 • Chapter 305 • Chapter 331

11. Proposed Rules • Draft rules have been prepared and are scheduled for consideration for proposal by TCEQ Commissioners at the May 14th Commissioner’s Agenda. • Anticipate proposed rules to be published in Texas Register by May 30th.

12. Proposed Rules • Public Hearing is scheduled for June 17th. • Public comment period ends June 30th.

13. Adoption • Rules considered for adoption by TCEQ Commissioners at November 5th Commissioner’s Agenda. • Rules published in Texas Register by November 14th.

14. Contact Information • David Murry, PG, Senior Geologist 512-2390-6080 • David.murry@tceq.texas.gov • Lorrie Council, PG, UIC Permits Section Manager • 512-239-6461 • Lorrie.council@tceq.texas.gov • Don Redmond, TECQ Environmental Law Division • 512-239-0612 • Don.redmond@tceq.texas.gov

15. Status of UIC Rulemaking from the 83rdLegislatureSenate Bill 1532 Edwards Aquifer Kathryn Hoffman, P.E. Underground Injection Control Permits Section Radioactive Materials Division Texas Commission on Environmental Quality TCEQ Trade Fair May 7, 2014

16. Rulemaking: SB 1532 Edwards Aquifer Background

17. Senate Bill 1532 Edwards Aquifer • As existing water supplies decline and demand for fresh water increases in central and southwest Texas, efforts are underway to identify and develop potential new sources of water. • Two strategies being pursued are desalination of brackish groundwater and aquifer storage and recovery (ASR).

18. Senate Bill 1532 Edwards Aquifer • In support of these options, this rulemaking implements Senate Bill (SB) 1532. • The intent of the legislation was to provide a statutory and regulatory basis to promote research that could make desalination of brackish groundwater and ASR more viable in the Edwards Aquifer.

19. Senate Bill 1532 Edwards Aquifer • Prior to the passage of SB 1532, Texas law prohibited any injection of water that has been physically, chemically, or biologically altered either into or through the Edwards Aquifer in certain counties, without any distinction between whether the Edwards’ water is fresh or brackish (saline).

20. Rulemaking: SB 1532 Edwards Aquifer Summary

21. Senate Bill 1532 Edwards Aquifer • SB 1532 amends Chapter 27 of the Texas Water code to allow the TCEQ to authorize by rule or general permit certain injection wells that transect or terminate in the Edwards Aquifer while being protective of the freshwater aquifer and supportive of desalination and ASR.

22. Senate Bill 1532 Edwards Aquifer • The applicability of SB 1532 is the portion of the Edwards Aquifer that is within the geographic area circumscribed by the external boundaries of the Barton Springs-Edwards Aquifer Conservation District (BSEACD) but is not in that district’s territory or the territory of the Edwards Aquifer Authority.

23. Senate Bill 1532 Edwards Aquifer • A key component in the promulgation of the rules is an official boundary description of the BSEACD. • The TCEQ rulemaking team has been coordinating with BSEACD to obtain an updated, definitive description of BSEACD’s boundaries.

24. Rulemaking: SB 1532 Edwards Aquifer Status

25. Senate Bill 1532 Edwards Aquifer • The new rule may include a map depicting the affected geographic areas. • The rulemaking team has produced partial early drafts of the proposal preamble and rule. The rulemaking process will resume pending resolution of mapping issues.

26. Kathryn Hoffman, P.E. Underground Injection Control Permits Section Radioactive Materials Division (512) 239-6890 kathryn.hoffman@tceq.texas.gov