| (E) The staff of the RRC and the TCEQ shall coordinate
as necessary to attempt to resolve any disputes regarding interpretation
of this MOU and disputes regarding definitions and terms of art.
(7) Groundwater.
(A) Notice of groundwater contamination. Under Texas
Water Code, §26.408, effective September 1, 2003, the RRC must
submit a written notice to the TCEQ of any documented cases of groundwater
contamination that may affect a drinking water well.
(B) Groundwater protection letters. The RRC provides
letters of recommendation concerning groundwater protection.
(i) For recommendations related to normal drilling
operations, shot holes for seismic surveys, and cathodic protection
wells, the RRC provides geologic interpretation identifying fresh
water zones, base of usable-quality water (generally less than 3,000
mg/L total dissolved solids, but may include higher levels of total
dissolved solids if identified as currently being used or identified
by the Texas Water Development Board as a source of water for desalination),
and include protection depths recommended by the RRC. The geological
interpretation may include groundwater protection based on potential
hydrological connectivity to usable-quality water.
(ii) For recommendations related to injection, the
RRC provides geologic interpretation of the base of the underground
source of drinking water. The term "underground source of drinking
water" is defined in 40 Code of Federal Regulations §146.3 (Federal Register, Volume 46, June 24, 1980).
(8) Emergency and spill response.
(A) The TCEQ and the RRC are members of the state's
Emergency Management Council. The TCEQ is the state's primary agency
for emergency support during response to hazardous materials and oil
spill incidents. The TCEQ is responsible for state-level coordination
of assets and services, and will identify and coordinate staffing
requirements appropriate to the incident to include investigative
assignments for the primary and support agencies.
(B) Contaminated soil and other wastes that result
from a spill must be managed in accordance with the governing statutes
and regulations adopted by the agency responsible for the activity
that resulted in the spill. Coordination of issues of spill notification,
prevention, and response shall be addressed in the State of Texas
Oil and Hazardous Substance Spill Contingency Plan and may be addressed
further in a separate Memorandum of Understanding among these agencies
and other appropriate state agencies.
(C) The agency (TCEQ or RRC) that has jurisdiction
over the activity that resulted in the spill incident will be responsible
for measures necessary to monitor, document, and remediate the incident.
(i) The TCEQ has jurisdiction over certain inland oil
spills, all hazardous-substance spills, and spills of other substances
that may cause pollution.
(ii) The RRC has jurisdiction over spills or discharges
from activities associated with the exploration, development, or production
of crude oil, gas, and geothermal resources, and discharges from brine
mining or surface mining.
(D) If TCEQ or RRC field personnel receive spill notifications
or reports documenting improperly managed waste or contaminated environmental
media resulting from a spill or discharge that is under the jurisdiction
of the other agency, they shall refer the issue to the other agency.
The agency that has jurisdiction over the activity that resulted in
the improperly managed waste, spill, discharge, or contaminated environmental
media will be responsible for measures necessary to monitor, document,
and remediate the incident.
(9) Anthropogenic carbon dioxide storage. In determining
the proper permitting agency in regard to a particular permit application
for a carbon dioxide geologic storage project, the TCEQ and the RRC
will coordinate by any appropriate means to review proposed locations,
geologic settings, reservoir data, and other jurisdictional criteria
specified in Texas Water Code, §27.041.
(f) Radioactive material.
(1) Radioactive substances. Under the Texas Health
and Safety Code, §401.011, the TCEQ has jurisdiction to regulate
and license:
(A) the disposal of radioactive substances;
(B) the processing or storage of low-level radioactive
waste or NORM waste from other persons, except oil and gas NORM waste;
(C) the recovery or processing of source material;
(D) the processing of by-product material as defined
by Texas Health and Safety Code, §401.003(3)(B); and
(E) sites for the disposal of low-level radioactive
waste, by-product material, or NORM waste.
(2) NORM waste.
(A) Under Texas Health and Safety Code, §401.415,
the RRC has jurisdiction over the disposal of NORM waste that constitutes,
is contained in, or has contaminated oil and gas waste. This waste
material is called "oil and gas NORM waste." Oil and gas NORM waste
may be generated in connection with the exploration, development,
or production of oil or gas.
(B) Under Texas Health and Safety Code, §401.412,
the TCEQ has jurisdiction over the disposal of NORM that is not oil
and gas NORM waste.
(C) The term "disposal" does not include receipt, possession,
use, processing, transfer, transport, storage, or commercial distribution
of radioactive materials, including NORM. These non-disposal activities
are under the jurisdiction of the Texas Department of State Health
Services under Texas Health and Safety Code, §401.011(a).
(3) Drinking water residuals. A person licensed for
the commercial disposal of NORM waste from public water systems may
dispose of NORM waste only by injection into a Class I injection well
permitted under 30 TAC Chapter 331 (relating to Underground Injection
Control) that is specifically permitted for the disposal of NORM waste.
(4) Management of radioactive tracer material.
(A) Radioactive tracer material is subject to the definition
of low-level radioactive waste under Texas Health and Safety Code, §401.004,
and must be handled and disposed of in accordance with the rules of
the TCEQ and the Department of State Health Services.
(B) Exemption. Under Texas Health and Safety Code, §401.106,
the TCEQ may grant an exemption by rule from a licensing requirement
if the TCEQ finds that the exemption will not constitute a significant
risk to the public health and safety and the environment.
(5) Coordination with the Texas Radiation Advisory
Board. The RRC and the TCEQ will consider recommendations and advice
provided by the Texas Radiation Advisory Board that concern either
agency's policies or programs related to the development, use, or
regulation of a source of radiation. Both agencies will provide written
response to the recommendations or advice provided by the advisory
board.
(6) Uranium exploration and mining.
(A) Under Texas Natural Resources Code, Chapter 131,
the RRC has jurisdiction over uranium exploration activities.
(B) Under Texas Natural Resources Code, Chapter 131,
the RRC has jurisdiction over uranium mining, except for in situ recovery processes.
(C) Under Texas Water Code, §27.0513, the TCEQ
has jurisdiction over injection wells used for uranium mining.
(D) Under Texas Health and Safety Code, §401.2625,
the TCEQ has jurisdiction over the licensing of source material recovery
and processing or for storage, processing, or disposal of by-product
material.
(g) Effective date. This Memorandum of Understanding,
as of its July 15, 2020, effective date, shall supersede the prior
Memorandum of Understanding among the agencies, dated May 1, 2012.
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