The Edwards Aquifer Authority (EAA) recently drafted proposed changes to Chapter 713 (Water Quality) that are significant for owners/operators located over the Edwards Aquifer recharge zone and the contributing zone generally within 5 miles of the recharge zone. These proposed changes are scheduled to be presented to the Board in mid-September for approval to proceed with public hearings and a comment period. EAA is aiming for an end-of-year implementation of the new rules. The EAA’s jurisdictional area covers all or parts of Atascosa, Bexar, Caldwell, Comal, Guadalupe, Hays, Medina, and Uvalde counties.
- Briefly, the proposed changes to Chapter 713 Subchapter F (Regulated Substances Registration, Storage, and Planning) are aimed in part at reducing the burden placed on owners/operators to implement and maintain a Spill Prevention and Response Plan (SPRP) and, instead, at providing pertinent information directly to local first responders.
- To accomplish this, EAA proposes to expand the requirements of the Facility Registration to include a description of the type and amounts of regulated substances stored at the facility along with a map showing recharge features, drainage patterns, wells, storm sewer inlets, fire-fighting connections, and more. For facilities located over the recharge zone, the map must be prepared and sealed by a Qualified Groundwater Professional. Facility Registrations will be subject to renewal every 3 years. The more onerous SPRP requirement is proposed to be deleted from Subchapter F.
- The secondary containment requirement for facilities with an aggregate quantity of more than 10,000 lbs or 1,000 gallons of regulated substances is eliminated in the proposed changes to Subchapter F.
- Under Subchapter G (Aboveground and Underground Storage Tanks), ASTs with a reservoir capacity of 500 gallons or less will be exempt according to the proposed changes (under the current rule, ASTs with capacities of 55 gallons or less are exempt). However, for ASTs >500 gallons, Subchapter G rules pertaining to registration and secondary containment will apply not only to facilities in the recharge zone but also to facilities within the contributing zone generally 5 miles up gradient of the recharge zone or to the limit of the water-quality buffer zone.
These and other proposed changes are still preliminary and subject to public hearings and public comment. If you have any questions on the water quality rules please contactTrudy Hasan.