Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 7 - MEMORANDA OF UNDERSTANDING
Section 7.125 - Adoption of Memorandum of Understanding among the Office of the Secretary of State, Railroad Commission of Texas (RRC), Texas Historical Commission (THC), Texas General Land Office (GLO), Texas Natural Resource Conservation Commission (TNRCC), and Texas Public Utility Commission (PUC)
Universal Citation: 30 TX Admin Code ยง 7.125
Current through Reg. 49, No. 12; March 22, 2024
(a) This rule contains the memorandum of understanding (Memorandum) made and entered into among the Office of the Secretary of State, the Railroad Commission of Texas (RRC), the Texas Historical Commission (THC), the Texas General Land Office (GLO), the Texas Natural Resource Conservation Commission (TNRCC), and the Texas Public Utility Commission (PUC) regarding the permitting of natural gas pipelines that cross the border between Texas and Mexico.
(1)
Whereas, the Office of the Secretary of State recognizes, with respect to
building natural gas pipelines that cross the border between Texas and Mexico,
that the energy needs of the citizens of Texas and Mexico can be met more
efficiently if the permitting process in the State of Texas were organized in a
manner that reduces the number of agency contacts a potential permittee must
make and assures that the potential permittee secures all appropriate
permits.
(2) Whereas, the Office of
the Secretary of State, on the advice and consent of the other parties to this
Memorandum, further recognizes the RRC is particularly well-equipped to serve
as the central state agency that reduces the number of agency contacts a
potential permittee must make and assures that the potential permittee secures
all appropriate permits for building natural gas pipelines that cross the
border between Texas and Mexico.
(3) Whereas, the RRC is responsible for
issuing hydrostatic test water discharge permits, issuing opinions to the
United States Army Corps of Engineers (USACE) concerning Clean Water Act,
§401, water quality certification, and assuming responsibility for
reviewing USACE, Section 10, navigability clearance, with respect to building
natural gas pipelines that cross the border between Texas and Mexico.
(4) Whereas, the THC in its role as the state
historic preservation office, is responsible for ensuring that adverse effects
on historic properties are avoided or minimized with respect to building
natural gas pipelines that cross the border between Texas and Mexico.
(5) Whereas, with respect to building natural
gas pipelines that cross the border between Texas and Mexico, the GLO is
responsible for issuing easements for portions of the Rio Grande River that
have not been deeded to the United States government.
(6) Whereas, the TNRCC is responsible for
issuing permits to withdraw United States-owned water from the Rio Grande
River, its tributaries, and any other Texas stream for hydrostatic testing and
permits for operations of certain pipeline facilities which emit air
contaminants with respect to building natural gas pipelines that cross the
border between Texas and Mexico.
(7) Whereas, the PUC does not issue permits
with respect to building natural gas pipelines that cross the border between
Texas and Mexico, but may in some instances play a role in such
projects.
(8) Whereas, the RRC,
THC, GLO, TNRCC, and PUC recognize that, with respect to building natural gas
pipelines that cross the border between Texas and Mexico, the permit
requirements from the various state agencies are necessary to protect public
health and safety and cultural resources.
(9) Whereas, the RRC, THC, GLO, TNRCC, and
PUC fully concur with the Office of the Secretary of State that, with respect
to building natural gas pipelines that cross the border between Texas and
Mexico, the energy needs of the citizens of Texas and Mexico can be met more
efficiently if the permitting process in the State of Texas were organized in a
manner that reduces the number of agency contacts a potential permittee must
make and assures that the potential permittee secures all appropriate
permits.
(10) Now, therefore, in
consideration of the benefits to the State of Texas, the Office of the
Secretary of State, the RRC, THC, GLO, TNRCC, and PUC enter into this
Memorandum and hereby agree as follows.
(A)
The RRC, THC, GLO, and TNRCC shall prepare an inventory of all known permits
each agency may require with respect to building natural gas pipelines that
cross the border between Texas and Mexico. The inventory shall include a list
of each agency's permits identified by name and/or number, and identify the
appropriate staff contact person by name, phone number, and e-mail address for
each permit.
(B) The RRC, THC, GLO,
TNRCC, and PUC mutually agree the RRC is designated as the distributor for
applicable state permit applications, initial screener of completed
applications for completeness, and facilitator among the other parties to this
Memorandum for applicants who wish to build natural gas pipelines that cross
the border between Texas and Mexico. The RRC, THC, GLO, TNRCC, and PUC further
agree to encourage other relevant state and federal agencies to engage in this
process as the necessity for and convenience provided by their participation
becomes apparent.
(C) Within 30
days of the effective date of this Memorandum, RRC shall implement a system and
designate personnel to distribute all notices of permit requirements, permit
applications, and instructions for permit submission to persons who wish to
build natural gas pipelines that cross the border between Texas and
Mexico.
(b) This Memorandum shall be effective as of the date of the last signature on the document. Any party may withdraw from this Memorandum at any time upon 30 days written notice to the other parties.
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