The Wise Report

The TCEQ Remediation Division issued revised guidance and reporting requirements for selecting and developing engineered Corrective Action Plans (CAPs) for LPST sites. The guidance document formerly known as RG-41, Corrective Action Plans for LPST Sites has been reissued as RG-523/PST-10, Corrective Action Plans for LPST Sites.

The Remedial Technology Screening Form (RTS) (TCEQ-00695), Notice of Remediation System Installation (NRSI) (TCEQ-00694) and CAP Worksheets (TCEQ-00707) used in conjunction with the guidance have also been revised. The forms and worksheets are required when submitting a CAP for LPST sites.

The guidance document is available on the TCEQ webpage:   https://www.tceq.texas.gov/publications/rg/rg-523-pst-10

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The Wise Report

The State Legislature is now in session.

The following is a list of bills of potential interest to geologists. There are no new bills of interest 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. 3/14/2017 Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB484

HB 815, by Burkett, Dale, Rick Miller, and Paul, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. “Before adopting an environmental rule, the commission shall conduct a regulatory analysis that considers the costs and environmental effects and benefits expected to result from implementation of and compliance with the rule.” 3/14/2017 Withdrawn from schedule. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB815

HB 1515, by Elkins, Relating to the expiration of the dry cleaner environmental response program. “A corrective action, including any administrative duties associated with the action, for which remediation of a contaminated site has begun before September 1, 2050, shall be completed in accordance with this chapter using money from the fund, to the extent possible, but money may not be collected for or added to the fund on or after that date.” Scheduled for public hearing on 3/21/2017. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB1515

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The Wise Report

The State Legislature is now in session. The following is a list of bills of potential interest to geologists. There are 15 new bills of interest this week. The deadline for the unrestricted filing of bills and joint resolutions other than local bills, emergency appropriations, and bills that have been declared an emergency by the governor was Friday, March 10, 2017.  Therefore, few new bills are anticipated this session, but we will continue to look for new bills of interest in case they come up. 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. Scheduled for public hearing on 3/14/2017. 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

Bills of Potential Interest to Texas Geologists

The State Legislature is now in session.

The following is a list of bills of potential interest to geologists. There one new bill 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. 2/20/2017 Referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB484

HB 815, by Burkett, Dale, Rick Miller, and Paul, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. “Before adopting an environmental rule, the commission shall conduct a regulatory analysis that considers the costs and environmental effects and benefits expected to result from implementation of and compliance with the rule.” 2/21/2017 Referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=85R&Bill=HB815

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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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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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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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