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)

Current through Reg. 49, No. 28; July 12, 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.