The proposed rulemaking would bring the Memoranda of Understanding (MOU) between the Railroad Commission of Texas (RRC) and the Texas Commission on Environmental Quality (TCEQ) into a current status including the provision of Senate Bill (SB) 1387, 81st Legislature, 2009, requiring an MOU between the TCEQ and the RRC to identify the different jurisdictions each agency has for carbon dioxide sequestration. The MOU was last updated in May, 1998, and since that time, statutory changes and several agency reorganizations have occurred requiring the MOU to be revised.
The proposed rulemaking will occur in both the TCEQ rules by reference, as well as the RRC rules. The specific MOU provisions are currently in RRC rules found in 16 TAC Chapter 3, Oil and Gas Division, with the corresponding TCEQ rules found in 30 TAC Chapter 7, Memoranda of Understanding, which incorporates by reference RRC rules in 16 TAC Chapter 3. RRC is the lead on the actual rule language of the MOU. The RRC will be conducting a concurrent rulemaking with the TCEQ for proposal and adoption. The TCEQ will not hold a stakeholder meeting or public hearing, but will participate in the public hearing held by the RRC on May 11, 2010.
Key dates in the proposed rulemaking schedule:
· Anticipated proposal date: March 30, 2010
· Anticipated Texas Register publication date: April 16, 2010
· Public hearing date (if any): None at the TCEQ; the RRC will hold a public hearing May 11, 2010 in which the TCEQ will participate.
· Public comment period: April 16, 2010 through May 17, 2010
· Anticipated adoption date: September, 2010
