Part 1.
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Chapter 39.
PUBLIC NOTICE
The Texas Natural Resource Conservation Commission (TNRCC or commission)
proposes amendments to §39.15, concerning Public Notice Not Required
for Certain Types of Applications; and §39.251 and §39.651, both
concerning Application for Injection Well Permit.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
On September 29, 1999, the executive director received a petition for rulemaking
from the Texas Chemical Council requesting changes to §39.251 that would
amend the mailed notice requirement for new permits, major amendments, renewal
applications, and public hearings to owners of mineral rights near permitted
Class I underground injection wells. The petition proposed that the current
notice requirement for mailed notice to mineral rights owners within the cone
of influence be changed to require mailed notice only to those persons who
own mineral rights which underlie the existing or proposed injection well
facility and which underlie the tracts of land adjacent to the well facility.
In addition to §39.251, staff identified two additional sections, §39.15
and §39.651, that would require conforming modification.
In response to this petition, the commission's staff held two stakeholder
meetings to receive input regarding how to best amend §§39.15, 39.251,
and 39.651. Representatives from industry, environmental organizations, and
the commission's office of Public Interest Counsel were invited to participate.
As a result of the input received during this process, the proposed rules
will change not only the mailed notice requirements but also the published
notice requirements for Class I underground injection wells. The proposed
amendments do not apply to mailed or published notice requirements for Class
III injection wells or for permitted Class V injection wells.
The existing rules for Class I underground injection wells require notice
to be mailed to mineral rights owners who own mineral rights within the cone
of influence of an injection well. The proposed rules will require notice
applications for new permits, major amendments, renewal applications, and
public hearings to mineral rights owners beneath the injection well site and
beneath the adjacent properties near permitted Class I underground injection
wells. The proposed rules clarify and make explicit the existing requirement
that mailed notice be sent to owners of the property on which the injection
well is located, if different from the applicant, as well as to owners of
land adjacent to the property on which the injection well is located. The
existing notice requirements for Class I underground injection control (UIC)
permit applications do not specify the size of the notices or the location
of the notices in the newspaper. The proposed provisions require that the
notice be at least 15 square inches (96.8 square centimeters) with a shortest
dimension of at least three inches (7.6 centimeters) and be located in the
section of the newspaper containing state or local news items.
Chapter 39, Public Notice, provides the procedural requirements for issuance
of public notice of environmental permitting actions pending before the commission.
The proposed amendments alter the mailed and published notice requirements
to mineral rights owners for Class I underground injection well permit applications
and hearings. The current rules require the commission's chief clerk to mail
notice of UIC permit applications and hearings to mineral rights owners within
the cone of influence of the injection well. When the current rules were proposed
on June 18, 1996, it was the first time that the cone of influence definition
was used in the context of determining what mineral rights might be impaired
by an injection well.
An injection well is used for the subsurface emplacement of fluids. The
cone of influence is defined as the potentiometric surface area around the
injection well within which increased injection zone pressures caused by injection
of wastes would be sufficient to drive fluids into an underground source of
drinking water (USDW) or freshwater aquifer. The Texas Water Code (TWC), §27.015
provides extensive procedures to assure that known oil or gas reserves are
not endangered and that water supplies are not contaminated by the operation
of an injection well.
Depending on the geology of the subsurface injection zone and the volume
of waste to be injected, the cone of influence may extend several miles from
the well bore. The commission now believes that the term was improperly applied
and created too great of a financial burden on the agency and on the regulated
community in cases where there are large cones of influence. It was not evident
at the time of enactment of the existing rules that the provision had the
potential to require that notice be mailed to thousands of individuals within
the cone of influence of an injection well. The proposed rules are more effective
in providing notice to the mineral interests most likely to be affected by
an injection well; that is, mineral interests underlying or adjacent to the
injection well facility.
There is no requirement to provide notice to mineral rights owners near
the injection wells under federal law. However, there are state law requirements,
TWC, §27.018 and §27.051, which provide notice to persons affected
by underground injection disposal wells. This would include mineral rights
owners if their mineral rights would be impaired. Notice by publication is
a more efficient method of notifying thousands of potentially affected persons
of a permit application.
Providing mailed notice to all mineral rights owners within the cone of
influence has presented a financial burden for some applicants for the commission
where a large cone of influence is associated with the injection well. The
applicant must currently research the deed records for every land owner adjacent
to the injection well facility and every mineral rights owner within the cone
of influence of the injection well. The applicant must then provide the landowner
and mineral rights owner lists to the agency for each new permit application,
major amendment, permit renewal application, or public hearing. For injection
well applicants with a large cone of influence associated with the injection
well, applicants have reported costs ranging from $20,000 to $110,000 to research
and identify mineral rights owners within the cone of influence of their injection
wells. Applicants for UIC permits have reported finding up to 20,000 mineral
rights owners requiring notification for a single injection well facility.
The commission's UIC permitting program and the chief clerk's office are
also burdened when thousands of people are to receive mailed notice. The UIC
permitting program must assure that the mailing lists are correctly formatted,
that is, each name and address must be typed in a format that meets the United
States Postal Service requirements for machine readability. Additionally,
the chief clerk is required to process the mailings. The $50 notice fee received
from the applicant is often grossly inadequate to cover the commission's expenses
for processing and mailing the notice required under the existing rules.
For an injection well applicant where there is a small cone of influence
associated with the injection well, the proposed rules may require the applicant
to research and identify more mineral rights owners than required under the
existing rules. In this case, the commission would have to process more notices
than are currently required. The commission proposes the rule amendments because
they are a good compromise between the injection well applications involving
large and small cones of influence, and are still protective of human health
and safety and the environment. Overall, the new rules, as proposed, will
still provide adequate notice to interested persons while reducing the administrative
and financial burden on the regulated community and the agency.
The commission may not issue underground injection well permits unless
the Railroad Commission of Texas (RRC) has determined that the well will not
impair oil and gas interests. The TWC, §27.015, requires an applicant
to obtain a letter from the RRC stating that drilling or using the disposal
well and injecting industrial and municipal waste into the subsurface stratum
will not endanger or injure any known oil or gas reservoir. The TNRCC does
not declare an application to be technically complete until the RRC letter
has been filed.
This rulemaking is not intended to decrease the opportunity for public
participation. The proposed rules require more visible and accessible published
notices. For hazardous waste facilities, the current rules require notice
by radio broadcast as well. These methods of providing notice to very large
numbers of people are considered to be more efficient and economical for the
regulated community and for the commission. The proposed rules specify an
enhanced newspaper publication of notice which requires the applicant to publish
notice that is at least 15 square inches (96.8 square centimeters) with a
shortest dimension of at least three inches (7.6 centimeters) and in the section
of the newspaper containing state or local news items. This enhanced publication
requirement will significantly increase the visibility of the notice, thereby
providing a better opportunity for public participation.
Under the Chapter 39 amendments adopted recently to implement House Bill
801, which was effective September 1, 1999, applicants are required to publish
an additional notice earlier in the application process which was not previously
required. Additionally, any person may ask to be added to the mailing list
for a permit application. Any person may also request to be placed on a county-wide
mailing list to receive notice of any permit application in a particular county.
SECTION BY SECTION DISCUSSION
Section 39.15, Public Notice Not Required for Certain Types of Applications,
is proposed to be amended. These proposed amendments provide that for voluntary
transfers of Class I UIC permits, the chief clerk shall mail notice to persons
who own mineral rights underlying the existing or proposed injection well
facility and underlying the tracts of land adjacent to the property on which
the injection well facility is located, rather than to all mineral rights
owners within the cone of influence. The proposed rules also clarify and make
explicit the existing requirement that mailed notice be sent to owners of
the property on which the injection well is located, if different from the
applicant, as well as to owners of land adjacent to the property on which
the injection well is located.
Section 39.251, Application for Injection Well Permit, is proposed to be
amended. In §39.251(a), the word "well" is proposed to be substituted
for "will" to correct a typographical error. Subsections (d), (e), and (g)
concern notices regarding administratively complete applications, draft permits,
and hearings. These proposed amendments provide that for Class I underground
injection wells, the chief clerk shall mail notice to persons who own mineral
rights underlying the existing or proposed injection well facility, and underlying
the tracts of land adjacent to the property on which the injection well facility
is or will be located, rather than to all mineral rights owners within the
cone of influence. Additionally, the proposed rules clarify and make explicit
the existing requirement that mailed notice be sent to owners of the property
on which the injection well is located, if different from the applicant, as
well as to owners of land adjacent to the property on which the injection
well is located. Section 39.251(e) and (g) is also proposed to be amended
to specify that the published notice be at least 15 square inches (96.8 square
centimeters) with a shortest dimension of at least three inches (7.6 centimeters)
and that the notice appear in the section of the newspaper containing state
or local news items. The amended language includes appropriate grammatical
changes. In addition, §39.251 is proposed to be amended to clarify existing
requirements that published notices must be in a form approved by the executive
director and that approval must be obtained prior to the publication.
Section 39.651, Application for Injection Well Permit, is proposed to be
amended. Subsections (c), (d), and (f) concern notices regarding Receipt of
Application and Intent to Obtain Permit, Application and Preliminary Decision,
and notice of contested case hearing. These proposed amendments provide that
for Class I underground Injection wells, the chief clerk shall mail notice
to persons who own mineral rights underlying the existing or proposed injection
well facility, and underlying the tracts of land adjacent to the property
on which the injection well facility is or will be located, rather than to
all mineral rights owners within the cone of influence. Additionally, the
proposed rules clarify and make explicit the existing requirement that mailed
notice be sent to owners of the property on which the injection well is located,
if different from the applicant, as well as to owners of land adjacent to
the property on which the injection well is located. New §39.651(c)(6)
is proposed to be added, and §39.651(d)(1) and (f)(2) are proposed to
be amended to specify that, in addition to existing notice requirements, for
Class I wells, the published notice be at least 15 square inches (96.8 square
centimeters) with a shortest dimension of at least three inches (7.6 centimeters)
and that the notice appear in the section of the newspaper containing state
or local news items. Subsection (f)(2)(A) is also proposed to be amended to
specify that this subsection concerns facilities other than hazardous waste
facilities. In addition, §39.651 is proposed to be amended to clarify
existing requirements that published notices must be in a form approved by
the executive director and that approval must be obtained prior to the publication.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT
Jeffrey Horvath, Strategic Planning and Appropriations, has determined
that for the first five-year period the proposed amendments are in effect
there will be no significant fiscal implications for units of state and local
government as a result of administration or enforcement of the proposed amendments.
The TNRCC may realize some administrative savings due to the reduced cost
of not processing large mailings associated with notice requirements for Class
I underground injection wells. However, these cost savings are not anticipated
to be significant.
The purpose of the proposed amendments to Chapter 39, Public Notice, is
to revise current requirements for mailed notice of Class I (deep disposal
well) UIC permit applications, permits, and hearings. Under current rules,
all persons who own mineral rights underlying the proposed or existing injection
well facility and within the cone of influence must be notified by mail of
permit applications, permits, and hearings. These proposed rules would amend
the current notice requirement which requires the agency to mail notice of
permit applications, permits, or hearings, to mineral rights owners within
the cone of influence of the injection well. These proposed rules would require
mailed notice to those persons who own mineral rights which underlie the proposed
or existing injection well facility and underlying the tracts of land adjacent
to the well facility. The proposed amendments would also provide new published
notice requirements.
An injection well is a well for the subsurface emplacement of fluids. The
cone of influence is defined as the potentiometric surface area around the
injection well within which increased injection zone pressures caused by injection
of wastes would be sufficient to drive fluids into an USDW or freshwater aquifer.
The TWC, §27.015, provides extensive procedures to assure that oil or
gas reserves are not endangered and that water supplies are not contaminated.
Depending on the geology of the subsurface injection zone and the volume of
wastes to be injected, the cone of influence may extend several miles from
the well bore.
For some injection well owners with large cones of influence, the proposed
amendments will reduce the costs to research and identify all of the mineral
rights owners within their cone of influence. The current requirement of providing
mailed notice to all mineral rights owners within the cone of influence requires
a substantial effort and financial burden for well owners whose wells have
a large cone of influence. The current requirements may also present a burden
to the chief clerk of the commission who must process these mailings. Some
applicants have reported significant costs to research and identify mineral
rights owners within the cone of influence of their injection wells; they
also report finding up to 20,000 mineral rights owners requiring notification
under the current rule.
The proposed amendments would also provide new published notice requirements
for Class I underground injection wells. Published notice must be at least
15 square inches (96.8 square centimeters) with a shortest dimension of at
least three inches (7.6 centimeters) and be located in the section of the
newspaper containing state or local news items. The current published notice
requirements for UIC permit applications do not specify the size of the notice
or where it will be located in the newspaper.
PUBLIC BENEFIT AND COSTS
Mr. Horvath has also determined that for each year of the first five years
the proposed amendments to Chapter 39 are in effect, the public benefit anticipated
from enforcement of and compliance with the proposed amendments will be a
reduced regulatory burden, cost savings for injection well owners, and cost
savings for the commission. However, there will be additional publication
costs beyond the cost of providing notice as required by the current rule
to all injection well owners of Class I wells regarding the new published
notice requirements which require that the notice be at least 15 square inches
and located in the state or local news section of the newspaper. These costs
are not anticipated to be significant. There may also be cost savings to some
injection well owners as some applicants have reported significant costs ($20,000
- $110,000) to research and identify mineral rights owners within the cone
of influence of their injection wells; they also report finding up to 20,000
mineral rights owners requiring notification. Under the proposed mailed notice
requirements for Class I underground injection control permits, major amendments,
or renewals, owners of mineral rights with interests under the well facility
or under adjacent tracts of land would be notified by mail.
The purpose of the proposed amendments to Chapter 39, Public Notice, is
to revise current requirements for mailed and published notice requirements
of Class I (deep disposal well) UIC permit applications, permits, and hearings.
There are approximately 111 active Class I injection wells in Texas that will
be affected by the proposed amendments. In addition, owners of mineral rights
underlying the proposed or existing Class I injection well facility and adjacent
tracts of land or owners of mineral rights within the cone of influence of
a specific well will be affected by the proposed rules.
Specifically, the proposed amendments would revise mailed notice requirements
for UIC permit applications, permits, and hearings to owners of mineral rights
underlying the proposed or existing Class I injection well facility and adjacent
tracts of land, rather than to all mineral rights owners within the injection
well's cone of influence. It is recognized that some injection wells have
large cones of influence while other injection wells have smaller cones of
influence. While the proposed amendments will likely result in a significant
reduction in notice requirements for wells with large cones of influence,
they may also result in increasing notice requirements for well owners with
small cones of influence. If the number of mineral rights owners adjacent
to the well is larger than the number of mineral rights owners in the cone
of influence, the proposed amendments will increase notice requirements. It
is anticipated that the economic benefit of reducing notice requirements for
wells with large cones of influence will be greater than the economic consequences
of increasing notice requirements for wells with very small cones of influence.
It is anticipated that additional costs for injection well owners with small
cones of influence will not be significant.
The proposed amendments also revise the requirements for newspaper notice
for Class I UIC permit applications by requiring that the notice be at least
15 square inches (96.8 square centimeters) with a shortest dimension of at
least three inches (7.6 centimeters) and be located in the section of the
newspaper containing state or local news items. The current notice requirements
do not specify size or location in newspaper. A survey of newspapers indicated
that a smaller city newspaper would charge approximately $210 for this type
of notice and a larger city newspaper would charge approximately $3,000 for
the same type of display notice.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
The number of small businesses or micro-businesses engaged in Class I injection
well operations is unknown but is generally considered to be few because of
the costs involved in building such a well. However, no significant additional
costs are anticipated to any person, small business, or micro- business as
a result of implementing the provisions of the proposed amendments to Chapter
39 of the rules. The proposed amendments revise notice requirements to mineral
rights owners at or near injection wells. Specifically, the proposed amendments
would revise mailed notice requirements for UIC permit applications, permits,
and hearings to owners of mineral rights underlying the proposed or existing
injection well facility and adjacent tracts of land, rather than to all mineral
rights owners within the cone of influence. While the proposed amendments
will likely result in a significant reduction in notice requirements for wells
with large cones of influence, it may also result in increasing notice requirements
for some well owners with very small cones of influence. If the number of
mineral rights owners adjacent to the well is larger than the number of mineral
rights owners in the cone of influence, the proposed amendments will increase
notice requirements. It is anticipated that the economic benefit of reducing
notice requirements for wells with large cones of influence will be greater
than the economic consequences of increasing notice requirements for wells
with small cones of influence. It is anticipated that additional costs associated
with the proposed notice requirements for injection well owners with small
cones of influence will not be significant.
The proposed amendments also revise the requirements for newspaper notice
by requiring for Class I UIC permit applications that the notice be at least
15 square inches (96.8 square centimeters) with a shortest dimension of at
least three inches (7.6 centimeters) and be located in the section of the
newspaper containing state or local news items. A survey of newspapers indicated
that a smaller city newspaper would charge approximately $210 for this type
of display notice and a larger city newspaper would charge approximately $3,000.
The current notice requirements do not specify size or location for the published
notice in a newspaper. Because existing regulatory requirements have been
reduced for most injection well owners, the rulemaking may be considered to
have potentially positive economic effects for small businesses and micro-businesses
with injection wells that have large cones of influence. Conversely, additional
costs associated with compliance with the proposed amendments for injection
wells with small cones of influence are not anticipated to be significant.
DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION
The commission has reviewed the proposed rulemaking in light of the regulatory
analysis requirements of Texas Government Code, §2001.0225, and has determined
that the rulemaking is not subject to §2001.0225 because it does not
meet the definition of a "major environmental rule" as defined in that statute.
"Major environmental rule" means a rule the specific intent of which is to
protect the environment or reduce risks to human health from environmental
exposure and that may adversely affect in a material way the economy, productivity,
competition, jobs, the environment, or the public health and safety of the
state or a sector of the state. The proposed rules change the cost of providing
notice, increasing the cost to some applicants and reducing the cost to others.
The proposed amendments are not anticipated to adversely affect in a material
way the economy, a sector of the economy, productivity, competition, or jobs
in the state or a sector of the state. In addition, §2001.0225 applies
only to a major environmental rule, the result of which is to exceed a standard
set by federal law, unless the rule is specifically required by state law;
exceed an express requirement of state law, unless the rule is specifically
required by federal law; exceed a requirement of a delegation agreement or
contract between the state and an agency or representative of the federal
government to implement a state and federal program; or adopt a rule solely
under the general powers of the agency instead of under a specific state law.
This rulemaking does not meet any of these four applicability requirements
of Texas Government Code, §2001.0225(a)(1) - (4). There is a state law
requirement to provide notice to persons affected by underground injection
disposal wells. This would include mineral rights owners if their mineral
rights would be impaired. The proposed amendments do not exceed a standard
set by federal law nor exceed an express requirement of state law. There is
no requirement to provide notice to mineral rights owners near the injection
wells under federal law. There is a state law requirement to provide notice
to persons affected by underground injection disposal wells. However, the
proposed rules do not exceed this state requirement. In addition, the proposed
amendments do not exceed a requirement of a delegation agreement nor are the
rules proposed solely under the general powers of the agency, rather they
implement TWC, §§27.018(b), 27.019, and 27.051.
TAKINGS IMPACT ASSESSMENT
The commission has prepared a takings impact assessment for these proposed
rules pursuant to Texas Government Code, §2007.043. This action does
not create a burden on private real property. The specific purpose of the
proposed rules is to change mailed notice requirements that have proven to
be burdensome and unworkable both to the commission and to the regulated community.
The existing requirement to mail notice to mineral rights owners within the
cone of influence of an injection well is not based on any federal requirement.
However, state statute TWC, §27.018, requires affected persons to be
notified and this could include mineral rights owners if their mineral rights
would be impaired. The TWC, §27.051(a)(2), also requires that mineral
rights not be impaired. The commission proposes to amend §§39.15,
39.251 and 39.651. This will modify the mailed and published notice requirements
for UIC permit applications and mailed notice of hearings. The proposed provisions
will require mailed notice to persons who own the property on which the existing
or proposed injection well facility is or will be located, if different from
the applicant, land owners adjacent to the property on which the existing
or proposed injection well facility is or will be located, persons who own
mineral rights underlying the existing or proposed injection well facility,
and persons who own mineral rights underlying the tracts of land adjacent
to the property on which the existing or proposed injection well facility
is or will be located.
The proposed notice amendments require that the published notice be at
least 15 square inches (96.8 square centimeters) with a shortest dimension
of at least three inches (7.6 centimeters) and be located in the section of
the newspaper containing state or local news items. The existing published
notice requirements for UIC applications do not specify the size and location
of the notice, therefore, the proposed rules will likely result in more potentially
affected persons receiving notice.
Promulgation and enforcement of these rules will not burden private real
property because the proposed rules only involve changes to notice requirements.
The proposed amendments change the notice requirements but the result is not
less stringent because the proposed provisions sometimes increase and sometimes
decrease the number of mineral rights owners who receive mailed notice. The
existing requirement to mail notice to mineral rights owners within the cone
of influence of an injection well is not based on any federal requirement.
However, state statute requires mineral rights not be impaired by injection
well operations. No other exemption in Private Real Property Rights Preservation
Act under Texas Government Code, Chapter 2007, applies to this rulemaking.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission has reviewed the proposed rulemaking and found that the
rules are not identified in Coastal Coordination Act, Texas Natural Resources
Code, §33.2053(f). Therefore, the proposal is not subject to the Texas
Coastal Management Program.
PUBLIC HEARING
A public hearing on this proposal will be held in Austin on September 6,
2000 at 10:00 a.m. at the TNRCC complex in Building F, Room 3202A, located
at 12100 Park 35 Circle. The hearing will be structured for the receipt of
oral or written comments by interested persons. Individuals may present oral
statements when called upon in order of registration. There will be no open
discussion during the hearing; however, an agency staff member will be available
to discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
SUBMITTAL OF COMMENTS
Written comments may be submitted by mail to Angela Slupe, Office of Environmental
Policy, Analysis, and Assessment, MC-205, P.O. Box 13087, Austin, Texas 78711-3087;
or by fax at (512) 239-4808. All comments must be received by September 11,
2000, and should reference Rule Log No. 1999-071-039-WS. Comments received
by 5:00 p.m. on that date will be considered by the commission prior to any
final action on the proposal. For further information, please contact Devane
Clarke at (512) 239-5604.
Subchapter A. APPLICABILITY AND GENERAL PROVISIONS
30 TAC §39.15
STATUTORY AUTHORITY
The amendment is proposed under TWC, §5.103, which provides the commission
authority to adopt any rules necessary to carry out its powers and duties
under this code and other laws of this state; §5.105, which authorizes
the commission to establish and approve all general policy of the commission
by rule; §27.018(b), which requires the commission by rule to provide
notice of the opportunity to request a public hearing on an injection well
permit application which includes defining who is an "affected person;" §27.019,
which requires the commission to adopt rules reasonably required for the regulation
of injection wells; and §27.051, which requires the commission, when
issuing an injection well permit, to find that no existing rights including,
but not limited to, mineral rights be impaired.
The proposed amendment implements TWC, §§27.018(b), 27.019, and
27.051.
§39.15.Public Notice Not Required for Certain Types of Applications.
(a)
(No change.)
(b)
For the voluntary transfer of permits, no public notice
shall be required, except that:
(1)
(No change.)
(2)
for notice of applications for the voluntary transfer of
permits concerning underground injection wells (including injection wells
for the disposal of hazardous waste), the chief clerk shall mail notice to
the persons listed in §39.13 of this title (relating to Mailed Notice)
;
[
(3)
for notice of applications
for the voluntary transfer of permits concerning Class I underground injection
wells, the chief clerk shall also mail notice to:
(A)
persons who own the property on which the existing
or proposed injection well facility is or will be located, if different from
the applicant;
(B)
landowners adjacent to the property on which
the existing or proposed injection well facility is or will be located;
(C)
persons who own mineral rights underlying the
existing or proposed injection well facility; and
(D)
persons who own mineral rights underlying the
tracts of land adjacent to the property on which the existing or proposed
injection well facility is or will be located; and
(4)
[
(c)
The deadline to file public
comment for the voluntary transfer of underground injection wells is ten days
after mailing.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 31, 2000.
TRD-200005277
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: September 11, 2000
For further information, please call: (512) 239-4712
, and to the persons who own mineral rights within the cone
of influence, as that term is defined by §331.2 of this title (relating
to Definitions). The deadline to file public comment is ten days after mailing;
and
]
(3)
] if the executive director
determines that changes to the permit in addition to the transfer are necessary,
other notice requirements may apply.
Subchapter E. PUBLIC NOTICE OF OTHER SPECIFIC APPLICATIONS