The Wise Report

As you know, the Texas Board of Professional Geoscientists (TBPG) is currently undergoing their periodic Sunset Commission Review.  In preparation for their report, a PG License Work Group that consists of representatives of the Houston Geological Society, AIPG, AEG, AAPG, and Texas Association of Professional Geoscientists has been formed to help coordinate any defense we may need to provide to the TBPG.  I’ll be reporting on any activities that come up.

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The Wise Report

Due to Hurricane Harvey, the Texas Board of Professional Geoscientists (TBPG) has implemented the following for PG licenses, GIT certifications, and Geoscience Firm registrations in a Governor-designated disaster county that were scheduled to expire between August 31, 2017 and November 30, 2017 shall expire on December 31, 2017.

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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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On October 28, 2016, the Texas Commission on Environmental Quality (TCEQ) received a petition from Lloyd Gosselink on behalf of the Owner/Operator Members of the Uranium Committee of the Texas Mining and Reclamation Association (TMRA-UC or petitioner).

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On Sept. 24, 2015, the EPA signed the final rule which requires NPDES regulated entities to electronically submit specific permit and compliance monitoring information instead of filing paper reports. This rule will be implemented in two phases. Phase I becomes effective on Dec. 21, 2016, and Phase II becomes effective on Dec. 21, 2020. The following is a brief summary of the Phase I and Phase II requirements as they apply to NPDES regulated entities.

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The following information was provided by the Texas Board of Professional Geoscientists (TBPG):

On September 18, 2015 the United States Environmental Protection Agency (EPA) proposed to amend the new source performance standards (NSPS) for the oil and natural gas source category by setting standards for both methane and volatile organic compounds (VOC) for certain equipment, processes and activities across this source category.

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Beginning January 1, 2016, the TCEQ Remediation Division will require the use of United States Environmental Protection Agency (USEPA) SW846 Method 5035A, Purge-and-Trap and Extraction for Volatile Organics in Soil and Waste Samples, as amended, for the collection and preparation of solid samples for volatile organic compound (VOC) analysis using purge-and-trap technology. After December 31, 2015, the TCEQ Remediation Division will reject VOC data reported for solid samples, such as soil samples, collected and prepared using another method when the data are intended to demonstrate compliance with the rules in 30 Texas Administrative Code Chapters 334 (Underground Storage Tanks), 335 (Industrial Solid Waste and Municipal Hazardous Waste), or 350 (Texas Risk Reduction Program).

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The USEPA is proposing new groundwater protection standards at facilities that extract uranium using the in-situ recovery (ISR) method. The EPA will be holding a public meeting to discuss these new standards on March 10, 2015. For more information go to: http://www.epa.gov/radiation/tenorm/40CFR192.html


The following bills that may be of interest to Texas geologists have been filed. New information is listed in bold (four new bills listed):

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The EPA is proposing new rules for in situ mining. A number of states, including Texas, already have many or all of these rules in place. Environmental Protection Agency Administrator Gina McCarthy signed a draft of the proposed rules on Dec. 31. A 90-day public-comment period on the new “Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings” opens when the final draft is published in the Federal Register. The publication date is uncertain.

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The Texas Commission on Environmental Quality’s (TCEQ’s) publication “Natural Outlook” has an interesting article on the EPA’s proposed new ozone standards. It appears that the proposed ozone standard may actually increase the number of potential deaths in some areas, like Houston and Los Angeles. To read the entire article, go to: https://www.tceq.texas.gov/airquality/sip/eighthour.html

Henry M. Wise, P.G.
The Wise Report

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