Re: TPWD Gassing Regulations

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Posted by Michael Smith on February 19, 2002 at 20:15:05:

In Reply to: TPWD Gassing Regulations posted by Dale Burton on February 18, 2002 at 18:59:50:

Hi Dale,

Herron doesn't say specifically when or how they would take up the issue, only that they want to address it soon. That leaves lots of "wiggle room", huh?

Although the 210 gallon limit is most often cited, there is a regulation (TAC Title 30, part 1, Chapter 334, Subchapter D, Rule 334.75 regarding "reporting and cleanup of surface spills and overfills" that says that "owners and operators must contain and immediately clean up a spill or overfill of any petroleum substance ... that is less than 25 gallons." Notice it says LESS THAN. However, the language is in terms of spills and overfilling tanks, and thus it would be hard to get law enforcement to do something about it. But presumably - technically - the rounduppers would have to contain and clean up what they sprayed into the crevices and burrows in order to comply with that rule. (It's a "rule" but would have the status of law in Texas - it's just not enforced and would probably be said not to apply to this situation.)

As was stated in the other comments, the overriding issue is that we are a relatively few people arguing against something that is a big moneymaker for some influential folks. But, we'll keep after it.

Michael Smith
Editor/Secretary, DFWHS

DFW Herp Society

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: Hi Dale, : Herron doesn't say specifically when or how they would take up the issue, only that they want to address it soon. That leaves lots of "wiggle room", huh? : Although the 210 gallon limit is most often cited, there is a regulation (TAC Title 30, part 1, Chapter 334, Subchapter D, Rule 334.75 regarding "reporting and cleanup of surface spills and overfills" that says that "owners and operators must contain and immediately clean up a spill or overfill of any petroleum substance ... that is less than 25 gallons." Notice it says LESS THAN. However, the language is in terms of spills and overfilling tanks, and thus it would be hard to get law enforcement to do something about it. But presumably - technically - the rounduppers would have to contain and clean up what they sprayed into the crevices and burrows in order to comply with that rule. (It's a "rule" but would have the status of law in Texas - it's just not enforced and would probably be said not to apply to this situation.) : As was stated in the other comments, the overriding issue is that we are a relatively few people arguing against something that is a big moneymaker for some influential folks. But, we'll keep after it. : Michael Smith : Editor/Secretary, DFWHS

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