This document summarizes recent legislation and rules in Texas regarding aquifer storage and recovery (ASR) projects. The key points are: 1) House Bill 655 and rules by the Texas Commission on Environmental Quality (TCEQ) in 2016 have expedited the ASR permitting process, allowing different types of authorizations and clarifying notice requirements. 2) The new rules require compliance with federal drinking water standards but no stricter requirements, and they establish testing, metering and reporting standards for ASR projects. 3) There are still many uncertainties that are not expressly addressed, including liability, protecting groundwater plumes, and regulation of different water sources. Applicants must demonstrate the requirements themselves

1. ASR in TEXAS:
OPEN FOR “BIDNESS”
Presented by
Brian L. Sledge, SledgeLaw Group PLLC
Charles Maguire, Texas Commission on
Environmental Quality

2. Groundbreaking
Legislation in 2015
Expedited TCEQ
Rules Adopted in
2016

4. HB 655 – a TWCA initiative—and TCEQ Rules:
• Eliminated requirement for pilot projects
• Allowed different types of TCEQ authorizations
• Clarified notice requirements

5. HB 655 – a TWCA initiative—and TCEQ Rules:
• Authorized GCD involvement if ASR pumps more
water than is recoverable
• Allow injection of “water”—multiple sources
• Amended Chapter 11 to eliminate need for most
surface water amendments

6. HB 655 and TCEQ Rules:
• Required compliance with federal Safe Drinking
Water Act, but no more strict.
• Established metering, testing, and reporting
requirements
• Possible perimeter water quality testing

7. Examples of What the Final Rules Exclude
• References to “pollution” and “pathogens and
other organisms”
• Prohibitions on arsenic release (2013 EPA letter
to State of Florida)
• Requirements re: injection of treated
wastewater that exceed SWDA standards

8. What Project Applicants Must Know:
• Much of what is allowed is not expressly
in the TCEQ rules or the statute
• No new FTEs for TCEQ, so you have the
burden on the science and the law—get
competent help

9. Issues Not Addressed by Statute or Rules
• Liability/Trespass
• How to protect “the bubble”

10. The Big Picture of
ASR Regulation

12. FAQs
• Why is ASR regulation under the Radioactive
Materials Division at TCEQ?
• Is my project really an ASR project?
• Is there a separate application form for ASRs
from other Class V wells?

13. ASR Applicants Must Demonstrate:
• Compliance with federal Safe Drinking Water Act
• Amount of injected water that can be recovered
• Effect of ASR project on existing water wells
• Impacts on native groundwater

14. Three Types of Authorization for ASRs
• General Permit
• Individual Permit
• Authorization by Rule –the most common
type, it’s important to understand

15. My Best Advice?
Talk to TCEQ early in the
process! We’re here to help.

16. Questions?