The Wise Report

25 Feb, 2017

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.

18 Feb, 2017

By AIPG-TX News

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

11 Feb, 2017

By AIPG-TX News

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:

04 Feb, 2017

By AIPG-TX News

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.

29 Jan, 2017

By AIPG-TX News

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

14 Jan, 2017

By AIPG-TX News

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

23 Nov, 2016

By AIPG-TX News

The Wise Report

The Texas Board of Professional Geoscientists (TBPG) adopts amendments to 22 TAC §§851.29, 851.31, and 851.32, and adopts new rules §§851.35, 851.113, 851.203 and 851.204, concerning the licensure and regulation of Professional Geoscientists. The new rules and amendments in 22 TAC §§851.29, 851.31, 851.32, 851.35, 851.203 and 851.204 are adopted without changes from the proposed text as published in the September 16, 2016, issue of the Texas Register (41 TexReg 7246). New rule 22 TAC §851.113 is adopted with changes. For more information go to: http://www.sos.state.tx.us/texreg/archive/November182016/a

04 Nov, 2016

By AIPG-TX News

The Wise Report

The Texas Mining and Reclamation Association (TMRA-UC) has petitioned the Texas Commission on Environmental Quality (TCEQ) for a revision of administrative rules regarding monitoring and sampling requirements for uranium mining operations, the definition of excursions, restoration sampling, restoration table amendments, fees, and radiation safety officer requirements. For more information go to: https://www.tceq.texas.gov/assets/public/legal/rules/rule_lib/petitions/17005PET_petition.pdf

Henry M. Wise, P.G.

19 Sep, 2016

By AIPG-TX News

The Wise Report

The Texas Board of Professional Geoscientists (TBPG) proposes amendments to 22 TAC §§851.29, 851.31, and 851.32, and proposes new rules §§851.35, 851.113, 851.203 and 851.204, concerning the licensure and regulation of Professional Geoscientists. These amendments clarify the requirements regarding Endorsement and Reciprocal Licensure. Proposed amendments amend language to show that a licensing qualification can be endorsed by another licensing board for an applicant for P.G. licensure who is currently or has been licensed in the last ten years to practice a discipline of geoscience in Texas or another U.S. jurisdiction. Proposed amendments also clarify under “Licensure by similar examination” that an individual who has applied for licensure as a Professional Geoscientist in Texas may meet the licensing examination requirement by submitting proof of passage of examinations that are substantially similar to the applicable examination(s) as specified in §851.21.

07 Aug, 2016

By AIPG-TX News

The Wise Report

On November 21, 2014 the Governor of New York signed Chapter 475 of the Laws of 2014 which provides for the licensure of professional geologists under Title VIII of the Education Law. The Law does not take effect until November 21, 2016. Under the provisions of the new law, Geology has been added to the current State Board for Engineering and Land Surveying (State Board). As of November 21, 2016, the State Board will be known as the State Board for Engineering, Land Surveying and Geology. To assist the Board of Regents and the Department in implementing geology licensing provisions, the Board of Regents appointed qualified geologists to the State Board. The State Board has assisted the Board of Regents and the Department in developing the regulations that establish the education, experience, examination, age, moral character and fee requirements for applicants seeking licensure as a professional geologist. These regulations were adopted at the July 2016 Regents meeting and will become effective November 21, 2016 and can be found on our web site (http://www.op.nysed.gov/prof/geo/geolaw.htm).