The Wise Report

New Rules at the TBPG and an Update on State Legislature Activities

At the last Texas Board of Professional Geoscientists (TBPG) board meeting the following new rules and amendments were adopted by unanimous consent:

  • Amendment to 851.29, regarding reciprocal licensure
  • Amendment to 851.31, regarding temporary licensure
  • Amendment to 851.32, regarding the continuing education program
  • New rule 851.35, regarding voluntary surrender of a license
  • New rule 851.113, regarding duty to abide by Board Order and timely pay administrative penalty
  • New rule 851.203, regarding default proceedings in contested case hearings scheduled with the State Office of Administrative Hearings (SOAH)
  • New rule 851.204, regarding costs of administrative hearings

The adopted rules can be viewed (here) . They are also on the Rules page of the TBPG website, and in the November 18, 2016 issue of the Texas Register.


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AIPG Texas Section Survey Results

AIPG-Texas Section Membership:

A survey was conducted of the Texas Section membership during December, 2016 through January, 2017. The attached survey results contain the actual survey questionnaire form, the tabulated data, and the individual responses with comments (Survey with Results).

The survey returned a response of approximately 23% from the total 451 members surveyed in Texas.

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The Wise Report

Texas State Legislature is Now in Session – A List of Bills of Potential Interest to Geoscientists

The State Legislature is now in session. The following is a list of bills of potential interest to geologists. There are two new bills this week. New information is listed in bold:

HB 484, by Spring, Relating to training required to qualify for or renew a license issued by the Texas Commission on Environmental Quality. The TCEQ must provide a location within 100 miles of the place of employment of a person who is required to receive the training, reimbursement for travel and lodging expenses incurred if training isn’t available within 100 miles, or online training. Filed 12/2/2016. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB484

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The Wise Report

The Wise Report: 1) The TCEQ Remediation Division has Issued Revised Guidance for Risk-Based Corrective Action for LPST Sites, 2) News of EPA Re-Proposing 40 CFR Part 192 Involving In-Situ Uranium Mining, and 3) The State Legislature Bills of Potential Interest to Professional Geologists

The TCEQ Remediation Division Issued Revised Guidance for Risk-based Corrective Action for LPST Sites.

The guidance document formerly known as RG-36, Risk-based Corrective Action for Leaking Storage Tank Sites has been renamed and is now known as RG-523/PST-03 Risk-based Corrective Action for LPST Sites.  The revised guidance also incorporates components of the 1995 RG-175 “Guidance for Risk-Based Assessments at LPST Sites in Texas.  Emphasizing Initial Investigations and Plan A Evaluation” and the following interoffice memoranda:

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The Wise Report

Risk Assessments at Remediation Sites in Texas and Bills of Interest in the Texas State Legislature Introduced

The 2017 version of Conducting Ecological Risk Assessments at Remediation Sites in Texas (ERAG, RG-263) is now available through TCEQ’s ERA Home Page at: www.tceq.texas.gov/goto/era . Links for the new Supporting Documentation for the TCEQ’s Ecological Benchmark Tables and the accompanying Excel file that houses the numeric screening-level benchmarks – the combination of which comprises RG-263B – are also available through the home page. A case study that will include examples of a Tier 1 Exclusion Criteria Checklist, a Tier 2 Screening Level Ecological Risk Assessment, and an Ecological Services Analysis will be RG-263C when it becomes available. TCEQ and its contractor – West Texas A&M University (WTAMU) – have developed an Ecological Protective Concentration Level (PCL) Database that provides default PCLs for soil and sediment for a variety of wildlife receptors and contaminants. A WTAMU link to the database appears on the home page, making it available for public use and citation, as appropriate.


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The Wise Report

Texas State Legislature is Now in Session: Bills of Potential Interest

The State Legislature is now in session.  The following is a list of bills of potential interest to geologists.  New information is listed in bold:

HB 484, by Spring, Relating to training required to qualify for or renew a license issued by the Texas Commission on Environmental Quality. The TCEQ must provide a location within 100 miles of the place of employment of a person who is required to receive the training, reimbursement for travel and lodging expenses incurred if training isn’t available within 100 miles, or online training. Filed 12/2/2016. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB484

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Texas Section of AIPG Announces Availability of Scholarships to Texas Students in 2017

Once again, the American Institute of Professional Geologists in Texas (AIPG-TX) is pleased to announce the availability of geology scholarships to student members of the AIPG. Ted Foss Undergraduate Scholarships of $1,000.00 each will be awarded to three undergraduate majors and $2,500.00 to one outstanding graduate student as a recipient of a Gene Shoemaker Graduate Scholarship for geological students enrolled in a Texas university. Applications should be received by email no later than February 15, 2017 for consideration of one of these four scholarships. For detailed information, see (more).

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The Wise Report

EPA Rescinds Proposed New Rule on Uranium Tailings in the Western U.S., but will Resubmit Soon

The U.S. EPA, rather than finalizing its proposed rule on uranium tailings, opted to rescind its existing proposed rule and re-propose a new rule in 2017. The proposed rule would impose new health and environmental standards around uranium in-situ recovery facilities, including groundwater monitoring requirements.  More information on the planned re-proposal can be found here (more). Once it is published in the Federal Register, the public comment period will be open for 180 days. The rule will likely draw criticism from Republicans in Congress due to potential cost increases on businesses.

A report on the TCEQ Petroleum Storage Tank State-Lead Program, including the status of sites and recommendations on fees, programs, and activities to eventually conclude the program, has been issued by the TCEQ and can be found (here).

Henry M. Wise, P.G., CPG

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Report on the Tax Day Flood of April 17-18, 2016 in the Houston, Texas Area

December 14, 2016, Jeff Lindner Meteorologist/Director Hydrologic Operations Division, Harris County Flood Control District presented an outstanding report entitled: “Tax Day Flood of April 17-18, 2016, Houston and Harris County, Texas,” at the Houston Geological Society Environmental & Engineering Dinner Meeting & Seminar, HGS Announcement (here), The PDF was just made available of the presentation slides (more).

The Wise Report

Bills Relating to TCEQ Licenses, Costs & Environmental Effects of New Environmental Rules, and Bill to Require Notice of an Application to Drill Injection Wells within 10 Miles of Groundwater Conservation District

The State Legislature meets starting January 10th and bills are already being filed.  New information is listed in bold (one new bill listed):

HB 484, by Spring, Relating to training required to qualify for or renew a license issued by the Texas Commission on Environmental Quality. The TCEQ must provide a location within 100 miles of the place of employment of a person who is required to receive the training, reimbursement for travel and lodging expenses incurred if training isn’t available within 100 miles, or online training. Filed 12/2/2016. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB484

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