The Wise Report

Texas Water Code, Section 26.406 requires the annual report to describe the current status of groundwater monitoring activities conducted or required by each agency at regulated facilities or associated with regulated activities. The report is required to contain a description of each case of groundwater contamination documented during the previous calendar year. Also to be included, is a description of each case of contamination documented during previous periods for which voluntary clean up action was incomplete at the time the preceding report was issued. The report is also required to indicate the status of enforcement action for each listed case. The latest report can be found at: Joint Groundwater Monitoring and Contamination Report 2018, SFR-056/18

Henry M. Wise, P.G.

The Wise Report

The Texas Board of Professional Geoscientists (TBPG) proposes amendments concerning the licensure and regulation of Professional Geoscientists in Texas. TheTBPG proposes to repeal 22 TAC §851.24, and proposes amendments to 22 TAC §§851.20, 851.22, 851.23, 851.40, and 851.41, to comply with statutory changes to Texas Occupations Code, Chapter 1002, the Texas Geoscience Practice Act (the Act) by the 86th Legislature (2019) when they enacted HB 1311, which amended the Act, effective September 1, 2019. The TBPG now proposes changes to its rules to implement the statutory changes. The proposed repeal and amendments will implement the statutory removal of the requirement that applicants for a P.G. license submit references, and the removal of the statutory requirement that P.G. applications be notarized. Proposed amendments will also remove the reference requirement for applicants seeking certification as Geoscientists-in-Training to be consistent with the requirements for P.G. applicants. The amendments also re-number the subsections accordingly. For more information go to: https://www.sos.state.tx.us/texreg/archive/July122019/Proposed%20Rules/22.EXAMINING%20BOARDS.html#46

Henry M. Wise, P.G.

The Wise Report

The State Legislature is now out of session.  Bills that have been passed and are awaiting the Governor’s decision are listed below, along with their current status. New information is listed in bold (3 signed by the Governor and 1 becomes effective without his signature).  All will take effect on 9/1/2019):

HB 720, by Larson and Guillen, Relating to appropriations of water for use in aquifer storage and recovery projects. Sent to the Governor, 5/26/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB720

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The Wise Report

Editorial comment:

The Texas legislative session is drawing to a close and bills are being sent to the Governor for his signature.  Once sent to him, he has 10 days to sign, veto, or allow to pass without his signature.  The most closely watched bill this year was HB 1311 (relating to the continuation and functions of the Texas Board of Professional Geoscientists (TBPG)), which passed without the Governor’s signature.

I want to thank the Texas Geoscience Council (TGC) for taking on and leading the herculean task of assuring the continuation of the TBPG (full disclosure, I am on the TGC Board of Directors as the AIPG-Texas representative).  Typically, the Texas legislature will follow the Sunset Commission’s recommendations.  The Sunset Commission’s staff report for the TBPG recommended abolishment.  This recommendation took everyone by surprise and the TGC was originally founded to change this recommendation.  The TGC quickly organized a massive campaign with most of the Texas geologic organizations for a letter-writing campaign, testimony by a number of people from various Texas geological organizations and businesses, and hiring a lobbyist.  Funding for the lobbyist was provided by many geological organizations, businesses, and individuals.

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The Wise Report

The State Legislature is now in session and bills are being filed and worked on. New information is listed in bold (0 new bills listed):

HB 223, by Reynolds, Relating to the funding through greenhouse gas emissions fees of energy efficiency programs administered by certain utilities; authorizing a fee. Referred to State Affairs, 2/19/2019. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB223

HB 225, by Reynolds, Relating to the analysis of inspection and maintenance requirements for air quality permits issued by the Texas Commission on Environmental Quality for certain oil and gas facilities. Regulates fugitive emissions from all oil field equipment, the use of venting and flaring, etc. Referred to Environmental Regulation, 2/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB225

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The Wise Report

The State Legislature is now in session and bills are being filed and worked on. New information is listed in bold (0 new bills listed):

HB 223, by Reynolds, Relating to the funding through greenhouse gas emissions fees of energy efficiency programs administered by certain utilities; authorizing a fee. Referred to State Affairs, 2/19/2019. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB223

HB 225, by Reynolds, Relating to the analysis of inspection and maintenance requirements for air quality permits issued by the Texas Commission on Environmental Quality for certain oil and gas facilities. Regulates fugitive emissions from all oil field equipment, the use of venting and flaring, etc. Referred to Environmental Regulation, 2/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB225

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The Wise Report

On April 12, 2019, the TCEQ Laboratory Accreditation Program issued a revision to its Fields of Accreditation (FoAs) to include the following analytical methods:

EPA 608.3, EPA 624.1, and EPA 625.1 in Non-Potable Water; and

SM 4500-Cl¯ B, and ASTM D516-11 in Drinking Water.

The fields were revised to incorporate revised methods from the most recent Method Update Rule (MUR) and add methods requested by the TCEQ Drinking Water Program. The additional methods and analytes are shown in Appendix A (https://www.tceq.texas.gov/assets/public/compliance/compliance_support/qa/mur_fields.pdf).

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The Wise Report

The State Legislature is now in session and bills are being filed and worked on. See Highlighted HB and SB concerning the Texas Board of Professional Geoscientists.

New information is listed in bold (0 new bills listed):

HOUSE BILLS:

HB 223, by Reynolds, Relating to the funding through greenhouse gas emissions fees of energy efficiency programs administered by certain utilities; authorizing a fee.  Referred to State Affairs, 2/19/2019. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB223

HB 225, by Reynolds, Relating to the analysis of inspection and maintenance requirements for air quality permits issued by the Texas Commission on Environmental Quality for certain oil and gas facilities. Regulates fugitive emissions from all oil field equipment, the use of venting and flaring, etc. Referred to Environmental Regulation, 2/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB225

HB 245, by Farrar, Relating to a requirement to make certain environmental and water use permit applications available online. “The applicant shall post a copy of the application on a publicly accessible Internet website and provide to the commission the address of that website.” Referred to Environmental Regulation, 2/19/2019. https://capitol.texas.gov/BillLookup/history.aspx?LegSess=86R&Bill=HB245

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The Wise Report

The Memoranda of Understanding (MOU) between the Texas Department of Transportation (TxDOT) and the Texas Commission of Environmental Quality (TCEQ) is under review, as required every five years.  This MOU addresses the TCEQ’s environmental reviews of TxDOT highway (transportation) projects. The updated MOU removes unnecessary definitions and simplifies the coordination process, so that coordination is only required on transportation projects that require environmental impact statements, supplemental environmental impact statements, or environmental assessments.  The public comment period is April 12 to May 13, 2019.  The public hearing date is anticipated to be May 9, 2019.  For more information go to: https://www.tceq.texas.gov/assets/public/legal/rules/rule_lib/proposals/17008007_pex.pdf

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The Wise Report

Effective March 22, 2019, the TCEQ PST Program has revised the Plan A Target Concentrations for Leaking Petroleum Storage Tank (LPST) releases. The new Target Concentrations for soil and groundwater reflect the PAH toxicity parameters, as revised by United States Environmental Protection Agency (US EPA) in March 2017 and the chemical/physical factors as posted by the Technical Support Section of the Remediation Division. The seven (7) affected PAH constituents are:

  • Benz(a)anthracene
  • Benzo(a)pyrene
  • Benzo(b)fluoranthene
  • Benzo(k)-fluoranthene
  • Chrysene
  • Dibenz(a,h)anthracene
  • Indeno-1,2,3-cd-pyrene

The revised Plan A Target Concentrations apply target risk goals as established in the PST rules (Chapter 334, Subchapter G, Section 203.(1) (I) and (J)) and the methodologies developed in the regulatory guidance, Risk-Based Corrective Action for LPST Sites (RG-523/PST-03). All methodologies, default values, and exposure factors used in the equations are supported by ASTM standards (E-1739-95) and US EPA.

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