2. Office of Water
Office ofWater Priorities
• Legislative Implementation
• Stakeholder Groups
• Processes
3. Office of Water
Legislative Implementation
• HB 3618 - Repeals section of Water Code requiring
permits to be issued on basin cycle. Permits will be
issued for full 5-year permit term and the schedule for
submittal of the Clean Rivers Partners basin reports
• HB 1648 - Designation of a water conservation
coordinator
• HB 3735 and SB 1430 - Amendments
related to permits for desalination of
seawater
4. Office of Water
Legislative Implementation
•SB 864 - Notification to GCDs when an
applicant proposes to use groundwater
as an alternative source
•HB 294 – Receiverships
•SB2014 - Relating to bond escrows
5. Office of Water
Water Supply Division
• Districts stakeholders meeting. Next meeting is April
6, 2018 at TCEQ in Austin
• Information sharing
• Updates
• Rulemakings
• Business processes and efficiency
• Pre-application meetings
• Revised Total Coliform Rule (RTCR)
Upcoming Workshops
• Region 4 Houston – March 20th
• Region 20 San Antonio – March 29th
• Region 19 El Paso – April 17th
• Region 11 Fort Worth – TBD
6. Office of Water
DroughtWatch
• High Priority 180 day List. 3 systems
• Drought Watch List. 8 systems
• 1060 systems with outdoor water use restrictions
• 405 systems on voluntary watering schedule
• 655 systems on mandatory watering
schedule
• Drought Contingency Plans
9. Office of Water
Water Available Division
• Watermaster evaluations. This year includes Trinity,
San Jacinto, Trinity-San Jacinto Coastal and Neches-
Trinity Coastal Basins
• New application form for water rights
• Pre-application meetings
• Internal process changes
11. Office of Water
Water Quality Division
•Sludge Rulemaking Chapter 312 – Staff
are reviewing stakeholder comments and
plan for Summer 2018 proposal
•Lean Permitting Process – Reduction of
permitting backlog
•Working with EPA on MS4 General Permit
Comments
•Pre-application meetings
12. Office of Water
Federal Issues
•Waters of the United States
•Water Supply Rule
•Mussels
•Water Transfer Rule
•Lead/Copper Rule
It’s important that we leverage talent of our stakeholders as well as our sister agencies such as the soil board and TWDB. We also work with EPA and the Corp and other federal partners on issues.
HB 3618 ( Basin Cycle Rule) KING Tracy -Repeals Section 26.0285 of the Water Code requiring permits within the same watershed to contain same expiration dates. The bill also amends 26.0135 relating to the schedule for Clean Rivers Program water quality assessment reports. TPDES permit holders will be allowed full 5-year permit terms consistent with EPA regulations
Reduce workload for regulated entities and TCEQ for processing and reviewing applications
Final approval by the Commission on March 7, 2018. Will begin implementation on March 29, 2018.
Clean Rivers Reports now submit ~about every 6 years - tied to clean rivers program guidance which is available
WAD-
TCEQ’s Water Availability Division is conducting rulemaking to implement statutory changes made by House Bills 1648-Price (conservation coordinator) and 3735-Frank (desal expedited amendment and 270 day for admin law judge decision and mapping requirements) and 1430-Perry (desal expedited amendment and 270 day for admin law judge decision) from the 85th Legislative Session. They require certain retail public utilities to require the designation of a water conservation coordinator, amendments to map requirements for water rights permits, determinations of public welfare in water rights applications, notice requirements for alternate sources of water in water rights applications, and amendments related to desalinating seawater.
The rules were proposed at the commission’s February 5, 2018 agenda meeting and published in the Texas Register on February 23, 2018. The public hearing is scheduled for March 20, 2018 at TCEQ, with the comment period closing on March 26, 2018. We anticipate adopting the rules in July 2018.
HB 2582 Aggregate Production Operations (APO) if asked
Adds a registration exemption for APOs that extract specialty or terrazzo-type stone for decorative or artistic uses.
Production area not to exceed 5 acres. Currently in the beginning stages of rulemaking. Public comment period scheduled to begin in December 2018
HB Senate Bills 864-Perry –Notifying GCDs when GW is alternative
ALL WAD rules were proposed at the commission’s February 5, 2018 agenda meeting and published in the Texas Register on February 23, 2018. The public hearing is scheduled for March 20, 2018 at TCEQ, with the comment period closing on March 26, 2018. We anticipate adopting the rules in July 2018.
HB 294 by Rep. Walle
Relating to the revocation of certain water utilities' certificate of public convenience and necessity for major rules violations.
-Implementation of HB 294 was combined into the HB 1600 (83R) and SB 567 (83R) “PUC Transfer” rule package. The PUC Transfer rule project will go to Agenda for proposal on June 20th, 2018.
SB 2014 by Sen. Creighton
Relating to consent of municipalities in the creation of municipal utility districts.
-Implementation of SB 2014 is waiting on open section conflicts with the PUC Transfer rule project to close before it can be submitted for proposal before the Commission. WSD staff will begin development of the rule changes this spring.
SB 1842 by Sen. Lucio
Relating to an application for the amendment of a certificate of public convenience and necessity in an area within the boundaries of a political subdivision. Class A utility does not have to submit business plan when they start a new PWS
-Implementation of SB 1842 was combined into the HB 1600 (83R) and SB 567 (83R) “PUC Transfer” rule package. The PUC Transfer rule project will go to Agenda for proposal on June 20th, 2018.
RTCR workshops that have already taken place
Region 12 Waco – Nov. 29th
Region 1 Edinburg – Jan. 23rd
Region 17 Lubbock – Feb. 5th
Region 5 Beaumont – Feb. 21st
2018 Texas Surface Water Quality Standards (TSWQS)
Timeframe dates:
Proposal agenda: August 23, 2017
Formal Public Comment Period: August 27 – October 17, 2017
Public Hearing: October 16, 2017
Adoption agenda: February 7, 2018
Published in the Texas Register: February 23, 2018
Effective as a state rule: March 1, 2018
2018 TSWQS Highlights
Creation of new Segment, Blind Oso Bay, with seasonal dissolved oxygen (DO) criteria-
Seasonal DO criteria for Spring Creek (1008) Before CRITERIA was 5/4 NOW 4.5/3.5 with seasonal of 4/1.5 and seasonal criteria (march 15-October 15)
New single sample bacteria criterion on Texas coast of 130 colony forming units per 100 mL of Enterococcus
Addition of 51 water bodies in Appendix G due to recreational use changes
Revision to existing temporary standard provision to comply with the Federal Water Quality Standards Rule
All basins without a watermaster program are required to be evaluated at least every 5 years. In 2017, a new 5-year cycle began with an evaluation of the Upper Brazos (that portion of the Brazos River Basin upstream of Possum Kingdom Lake) and Colorado River Basins and the San Jacinto-Brazos, Brazos-Colorado, and Colorado-Lavaca Coastal Basins. Next year, 2019, we will be evaluating the Sabine River and Neches River Basins.
GROUNDWATER PETITION (DRAFT DOCUMENT IN NOTEBOOK)– On February 14, 2018, Mr. Fred Russel (Petitioner) filed a request for an inquiry based on the reasons outlined in TAC §293.23. The Petitioner asserts the following. The groundwater in the management area is not adequately protected by the rules adopted by the Post Oak Savannah Groundwater Conservation District (District). The groundwater in the management area is not adequately protected due to the failure of the District to enforce substantial compliance with its rules and abide by their Mission Statement.
Day 1 (Feb 14, 2018) – petition filed with chief clerk by affected party
Day 5 (Feb 19, 2018) – deadline for petitioner to provide copies of petition and any supporting materials filed with chief clerk to all of the GCDs within and adjacent to the groundwater management area
Day 21 (March 7, 2018) – deadline for petitioner to provide evidence to chief clerk that petition and supporting material was provided to each GCD within and adjacent to GMA 12
Day 35 (March 21, 2018) – deadline for GCDs to file responses to the petition with the chief clerk, and provide a copy of responses to ED, OPIC, and the Petitioner.
Day 90 (May 15, 2018)– deadline (statutory) for commission decision to accept or deny the petition
SLUDGE> Changes we are proposing:
Changing name of sludge to biosolids
Changing name of water treatment sludge to water treatment residuals
Clarifying current definitions and adding new definitions to help clarify the particular rules
Include rules for beneficial land use of water treatment sludge
Clarify the storage and staging rules for domestic septage
Clarify that an individual permit for processing domestic septage is required
Clarify the timing of the applicability of buffer zone requirements for beneficial land use sites
Clarify the prohibition of the mixture of sludge with grit and grease trap waste prior to beneficial land use
Clarify the notice requirements (names of owner of each tract of land) for a Class B land application site. This would clarify what is required would be 1/4 mile from site or from land application unit
Comments received:
We received letters from 18 different stakeholders mainly ranging from:
The clarification to prohibit the mixture of sludge with grit and grease trap waste prior to beneficial land use
Clarifying the definition of harvesting to include the act of shredding vegetation
The applicability of the rules relating to the processing of domestic septage through lime stabilization prior to land application - permit required for such activity
Clarifying the sludge transporter rules
The timing of the applicability of buffer zone requirements for existing authorizations (particularly the 750-foot buffer zone from an established school, institution, business, or occupied residential structure
Increasing the 33-foot buffer restrictions from a water body when sludge is incorporated and there is vegetative cover
Lean Process - Began in December 2017. WQD is working with EPA to identify efficiencies in the EPA review of wastewater permits. Goals for the project include:
Reduce the overall number of EPA objections to permits
Reduce the number of permits that EPA reviews
Reduce the backlog of permits that have EPA interim objections
We have already seen a reduction in the number of EPA objections to permits. WQD had 48 objections at the beginning of the project and we are currently down to 31 pending objections. Also, we have received one objection since October 2017)
Texas Central Railroad, LLC proposes to construct a high-speed rail system connecting Dallas and Houston. The Federal Railroad Administration is the lead federal agency for the project and is preparing an Environmental Impact Statement (EIS). The U.S. Army Corps of Engineers Fort Worth District and Galveston District are evaluating the project’s Section 404 permit and are a Cooperating Agency in the development of the EIS. WQD is performing a Section 401 water quality certification review of the 404 permit application.
State Representatives Ashby, Kacal, and Wray have requested public meetings with TCEQ. WQD is in the process of scheduling these meetings in the representatives’ counties affected by the project [Leon and Madison (Ashby), Limestone (Kacal), and Ellis (Wray)].