The Wise Report
Henry M. Wise, P.G.
April 4, 2008

The Texas Board of Professional Geoscientists (TPBG) held their most recent Board Meeting on March 28, 2008.  Video of this meeting can be seen at:  http://www.texasadmin.com/cgi-bin/agenda.cgi?location=txgeo&savefile=TBPG_BM032808

The following are some of the highlights of the meeting:

The TBPG is working on outreach programs that include Groundwater Districts and Universities.  They are also working on better defining the difference between public and private practice.

The Legislative Committee of the TBPG is looking into the possibility of a Geologist-in-Training program.  This program would be designed to help young geologists obtain their PG registration.  The TBPG cannot draft any legislation, however.  They are looking for individuals and/or groups, like the Texas Association of Professional Geoscientists, to draft the legislation and present it to the legislature for approval.  The legislature meets next year and the time to draft any new leglation is now.  The draft bill would need to be sponsored by one or more legislators this fall.

The Legislative Committee is also working on getting the PG added to the list of recognized professions by the State Of Texas, as defined in Chapter 2254, Government Codes.

The TBPG has adopted a new rule that allows for a waiver of the written exam requirement if you have at least 15 years of experience.  If you have a Master's Degree you'll need at least 13 years, and 10 years if you have a Ph.D.  You'll still need to meet the other statutory requirements, however.

We now have a reciprocity agreement with the State of Mississippi.  This agreement includes PGs that were grandfathered.  For more information go to:  http://www.tbpg.state.tx.us/reciprocity%20agreement%20MS.pdf

The TBPG has approved the adoption of an amendment to 22 TAC 850.63, Responsibilities of the Board and Executive Director.  The change removes the requirement for notification of clients of how to file a complaint with the TBPG from invoices to the client.  However, you will still be required to to notify consumers and service recipients of the name, mailing address, and telephone numbers of the Board for purposes of directing complaints to the Board. The notification is to be included on both the license holder's written contracts for services, and on a certificate of registraton displayed in the license holder's place of business. This rule is found at 850.63 (h) under the "Rules" link.  A copy of the certificate of registration can be found at:  http://www.tbpg.state.tx.us/COMPLAINTS%20to%20board.doc

The TCEQ has revised two of their rules for Corrective Action Specialists and Corrective Action Project Manaters.  The first is that these licenses are now valid for three years, instead of two. This change makes for more efficient operations at the TCEQ.  The second is that the fees for these licences have been increased by $2 per year to pay for online renewals.

The TCEQ has pending proposed rules for ASTs and USTs in regards to HB 3554, HB 1956: Regulation, Remediation, and Financial Assurrance.  HB 3554 allows the use of money in the Petroleum Storage Tank Remediation (PSTR) Account for certain AST and UST expenses; extends the fee imposed on the delivery of a petroleum product on withdrawal from bulk; eliminates the current annual UST and AST facility fee and allows its reinstatement at per tank amounts set by the commission; and extends the sunset date of the PSTR Account and the expiration date of the petroleum storage tank reimbursement program. HB 1956 requires financial assurance.  In addition, the preamble of this rule proposal also specifically requests comments on the question of whether Leaking Petroleum Storage Tank (LPST) sites should be removed from the Texas Risk Reduction Program (TRRP) requirements in 30 TAC Chapter 350. For more information, go to:  http://www.tceq.state.tx.us/assets/public/legal/rules/rule_lib/proposals/07037334_pex.pdf

The Environmental Protection Agency (EPA) has revised the Brownfields Grant Proposal Guidelines (guidelines) for fiscal year 2009 and is soliciting comments on those revisions. EPA's Brownfields Program provides funds to empower states, communities, tribes and nonprofits to prevent, inventory, assess, clean up and reuse brownfield sites. EPA provides brownfields funding for three types of grants: assessment, revolving loan fund and cleanup. View draft guidelines at: http://www.epa.gov/brownfields/. Submit comments to Megan Quinn Quinn.Megan@epa.gov by April 7, 2008.

The Forest Service requests written comments on a proposed rule that would revise the regulations for locatable minerals operations conducted on National Forest System lands. The revised rule would apply to prospecting, exploration, development, mining and processing operations, and reclamation under the Mining Law of May 10, 1872, as amended. Submit comments to: 36cfr228a@fs.fed.us

The Aquifer Monitor: News from the Groundwater Resources Division of the Texas Water Development Board (TWDB)
(http://www.twdb.state.tx.us/groundwater).

Topics this month:

1. New requirements for groundwater management plans
2. Surface water-groundwater paper
3. Water research priority topics: Requests for Statements of Qualifications
4. Water found on Mars
5. Upcoming groundwater-related conferences in Texas
X. Fine print

1. New requirements for groundwater management plans

When we revised our rules late last year, the petition process received most of the attention. However, our rules also included several minor but important changes to the requirements for groundwater management plans. These changes include:

(1) submitting an electronic copy and a hard copy of the plan,
(2) showing the most recent five years of historical water use that is available (remember, this is not a projection for future years),
(3) requiring the managed available groundwater and the desired future condition information, if available, or a statement of the involvement of the district in the planning process, if not, and
(4) for the conservation goal, if applicable, listing and addressing each component separately, specifically rainwater harvesting, brush control, recharge enhancement, precipitation enhancement, and conservation.

When we review your management plan for administrative completeness, we will be looking for these items.

We've posted an updated and more user-friendly checklist on our Web site: http://www.twdb.state.tx.us/GwRD/GCD/pdf/GMPCheckList0308.pdf

As always, we are available to conduct pre-reviews of groundwater management plans and strongly recommend that you take advantage of this service.

For for further details or enlightenment, please contact Ms. Rima Petrossian rima.petrossian@twdb.state.tx.us or Mr. Lance Christian lance.christian@twdb.state.tx.us.

2. Surface water-groundwater paper

We recently posted a paper we wrote for TexasBarCLE on surface water and groundwater interaction. The paper includes a scientific and legal descriptions of surface water and groundwater and the interactions thereof, some examples of interactions, how those interactions are handled in the surface water and groundwater availability models, and how those models may be improved in the future.

The paper can be downloaded from our groundwater publication page: http://www.twdb.state.tx.us/GwRD/pages/gwrdpubs.html or directly with this link: http://www.twdb.state.tx.us/gwrd/pdfdocs/Mace and Others 2007.pdf

3. Water research priority topics: Requests for Statements of Qualifications

The TWDB has released its list of water research priority topics and is accepting statements of qualifications up until April 23, 2008. The topics include research related to rainwater harvesting, desalination concentrate, water education, storm water reuse, model subdivision rules, and uncertainty and risk in the management of water resources.

More information about these topics and instructions on how to submit a statement of qualifications can be downloaded here: http://www.twdb.state.tx.us/publications/requestforproposals/SOQs_ResearchTopics030708.pdf

4. Water found on Mars

NASA scientists plan to officially release (tomorrow) unequivocal photographic evidence of water on Mars: http://apod.nasa.gov/apod/image/0504/WaterOnMars2_gcc_big.jpg

5. Upcoming groundwater-related conferences in Texas

A. "2008 AAPG Annual Convention & Exhibition-Deliver the Conventional; Pursue the Unconventional", hosted by the American Association of Petroleum Geologists, will be held April 20 through 23, 2008 in San Antonio. For more information: http://aapg.org/sanantonio/

B. "Forecast: Climate Change -- Texas Water", sponsored by the River Systems Institute, will be held April 28-30, 2008, at the Texas State Capitol Extension in Austin, Texas. For more information: http://www.rivers.txstate.edu/CCTW/CCTW08index.htm

C. "Quarterly Meeting", hosted by the Texas Alliance of Groundwater Districts, will be held April 29 and 30, 2008. For more info: http://www.texasgroundwater.org/

D. "Quarterly Meeting", hosted by the Texas Alliance of Groundwater Districts, will be held July 29 and 30, 2008, in Austin. For more info: http://www.texasgroundwater.org/

E. "Generations on the Land: Working for Land Stewardship", sponsored by the Sand County Foundation and Texas A&M University's Department of Ecosystem Science and Management, will be held October 24, 2008, in College Station, Texas. For more information: http://sandcounty.net/programs/landholder/LCA/Generations/

F. "Quarterly Meeting", hosted by the Texas Alliance of Groundwater Districts, will be held October 28 and 29, 2008. For more info: http://www.texasgroundwater.org/

G. "Quarterly Meeting", hosted by the Texas Alliance of Groundwater Districts, will be held January 27 and 28, 2008, in Austin. For more info: http://www.texasgroundwater.org/

H. "Karst Horizons: 15th International Congress of Speleology" sponsored by the International Union of Speleology and the National Speleological Society will be held July 19-26, 2009, in Kerrville, Texas. For more information: http://www.ics2009.us/

X. Fine print

The purpose of these periodic emails is to notify groundwater stakeholders in Texas about TWDB products, services, and funding opportunities related to groundwater. If you do not wish to receive these emails, please reply and let me know. If you know of others that would want to be on this email list, please have them send their contact information to me.

Robert E. Mace, Ph.D., P.G.
Director
Groundwater Resources Division
Texas Water Development Board
P.O. Box 13231
Austin, TX 78711-3231
p: (512) 936-0861
f: (512) 936-0889
e: robert.mace@twdb.state.tx.us
http://www.twdb.state.tx.us/groundwater/

The Wise Report
Henry M. Wise, P.G.
March 21, 2008
 
The TCEQ announces the publication of a new TRRP guidance document, Risk-Based NAPL Management (TRRP-32) and is available for download from the TCEQ TRRP Guidance and Forms web page at http://www.tceq.state.tx.us/remediation/trrp/guidance.html. 

AIPG-AEG Texas Members:

Big Bend Geology Field Trip
April 24-26, 2008

Arrive by Amtrak train and spend 3 days observing the spectacular geology of the Big Bend area!

Announcement and Registration form: http://mdcampbell.com/BigBendAnnouncementandRegistration.pdf

Sponsored by Association of Environmental & Engineering Geologists and Houston Geological Society

FIELD TRIP LEADERS: Dr. James Stevens, Professor Emeritus, Lamar University, Dr. Roger Cooper, Professor of Geology, Lamar University

Planning for the Big Bend Field Trip to be held April 24-26, 2008 is underway and sponsors for the field trip are still needed. For $50, you can advertise in the Big Bend Field Trip Guidebook that will be given to each participant. What a DEAL! See http://www.mdcampbell.com/BigBendsponsorForm.pdf for more information.

Thank you in advance for your contribution!

- AEG/HGS Big Bend Field Trip Committee

The Wise Report
Henry M. Wise, P.G.
March 8, 2008

Bud Martin, with Eagle Construction & Environmental Services, L.P. submitted the following on the TPDES General Permit TXG83000. This is very important if you are running remediation units (especially MDPE units) that discharge to the stormwater sewers:

After talking to Yvonna Pierce (512) 239-4671 at TCEQ, here's what I've found out about the TPDES General Permit TXG830000 for the discharge of petroleum contaminated water. The previous general permit did expired 10/2/07, five years after the initial issuance. Although a draft of an amended permit was published and comments solicited last June, the amended permit has not yet been renewed. It has been republished 2/8/08 in the Texas Register and a new comment period ends 3/10/08. Yvonna estimates that it will probably be at least mid summer before the amended permit is approved. IN THE MEANTIME, THERE IS NO PROVISION FOR NEW COVERAGE UNDER THAT PERMIT-i.e. new NOI's are being returned to the applicants without approval to discharge. Existing discharges that were previously covered under the old general permit are still covered on an interim basis, but no new coverage exists.

The end result of this is that in the case of mobile systems such as MDPE rigs, discharge of the treated water to the storm drainage system is not allowed under the general permit at this time since a new NOI must be filed with each change of location of the equipment. For fixed remediation systems any change of owner or operator also requires a new NOI is therefore also not covered. According to Yvonna, among other changes in the amended draft permit, the MTBE effluent limitation is lower and there is a decrease in the frequency of required pH monitoring. Also, in addition to the application fee, there will now be a $500 fee assessed for each permitee that has not submitted an NOT by September 1st of each year. Here's a link to a TCEQ web page that contains links to a fact sheet and the draft permit: http://www.tceq.state.tx.us/

The Wise Report
Henry M. Wise, P.G.
November 18, 2007

Kelly Krenz, with TCB, Inc, and a member of the Texas Board of Professional Geoscientists, informs me that all elected and appointed public officials are required by state law to receive training in Texas open government laws. The Office of the Attorney General offers free video training courses, which were developed in compliance with a mandate from the 79th Texas Legislature that the Attorney General establish the formal training necessary to ensure that all elected and appointed government officials have a good command of both open records and open meetings laws. If you're interested in this training for yourself, go to: http://www.oag.state.tx.us/.

The Wise Report
Henry M. Wise, P.G.
November 2, 2007

If you're looking for that one hour of ethics training and don't know where to get it, try the Texas Board of Professional Geoscientists website. They have an online, one-hour ethics course available. Just fill out the registration form. They will email you a link to the 45-minute video, watch it, and pass a 10-queston test at the end and you'll get a certificate good for one-hour of ethics continuing education credit. The course can be found at: http://www.tbpg.state.tx.us/.

The Wise Report
Henry M. Wise, P.G.
October 14, 2007

The Railroad Commission of Texas (RRC) proposes to amend §3.50, relating to Enhanced Oil Recovery Projects--Approval and Certification for Tax Incentive, to incorporate changes made by House Bill (HB) 3732, 80th Legislature (2007), Regular Session, and to amend §3.80, relating to Commission Oil and Gas Forms, Applications, and Filing Requirements, to adopt a new form related to HB 3732 and to amend and delete other forms.

Section 9 of HB 3732 amends Chapter 202 of the Texas Tax Code, relating to Oil Production Tax) to add new §202.0545, relating to Tax Exemption for Enhanced Recovery Projects Using Anthropogenic Carbon Dioxide. In general, the bill provides a reduction in the tax rate on oil produced from enhanced recovery projects using anthropogenic carbon dioxide. These changes became effective September 1, 2007.

These proposals will be published in the October 26, 2007 Texas Register and the comment period will end on November 26, 2007. Online comments can be made at: http://www.rrc.state.tx.us/

For more information go to: http://www.rrc.state.tx.us/

The RRC proposes the repeal of all rules in 16 TAC Chapter 11, relating to Surface Mining and Reclamation Division, and proposes several new rules under newly titled Chapter 11, relating to Uranium Exploration and Surface Mining. The proposed new rules are as follows:

In Subchapter A, entitled General Administrative Rules, new §§11.1-11.4, relating to Practice and Procedure; Definitions; Permit Processing; and Temporary Orders Prior to Notice and Hearing. In new Subchapter B, entitled Permits for Uranium Exploration and Surface Mining, new §§11.21-11.33, and 11.41-11.46, relating to Purpose and Authority; Applicability; Confidentiality; Uranium Exploration Permit Required; Application for Uranium Exploration Activity; Uranium Exploration Permit Application Fees; Uranium Exploration Reclamation and Plugging Requirements; Uranium Exploration Plugging Report; Uranium Exploration Permit Renewal; Uranium Exploration Permit Amendment; Uranium Exploration Permit Transfer; Uranium Exploration Application Notification by the Commission; Information Provided to Groundwater Conservation Districts; Uranium Surface Mining Permits; Bonding, Insurance, and Payment of Fees; Surface Mining Permit Renewal; Surface Mining Permit Transfer; Surface Mining Permit Approval or Denial; and Permit Changes. In new Subsection C, entitled Designation of Lands Unsuitable for Surface Mining, new §§11.71-11.72, relating to Petition Procedure and Determination; and Elements of Unsuitability.

In new Subchapter D, entitled Surface Mining Reclamation, Mine Closing, and Release, new §§11.81-11.86, relating to Reclamation Plan; Reclamation Standards; Alternative Reclamation Methods; Amendments; Surface Mine Closing; and Release.

In new Subchapter E, entitled Reporting, Record Maintenance and Performance Bonds, new §§11.91-11.94, relating to Annual Report; Maintenance of Records; Performance Bonds; and Release or Reduction of Bonds. In new Subchapter F, entitled Enforcement by the Commission, new §§11.151-11.165, relating to Scope; Inspections; Time and Procedures for Inspection; Violations Creating Imminent Danger or Causing Imminent Harm; Violations Not Creating Imminent Danger or Causing Imminent Harm; Continuous Violations; Notice of Violation or Cessation Order; Civil Action; Injunctive Relief and Civil Penalty; Administrative Penalty; Penalty Assessment Procedures; Payment of Penalty and Refund; Criminal Penalty for Violating Permits and Orders; Criminal Penalty for Corporate Permittee; and Criminal Penalty for False Statement, Representation, or Certification. Although all the proposed new rules will be designated in the Texas Register with underlining to indicate new wording, in fact in only a few of the rules have substantively different wording proposed from what is currently in effect. Most of the rules have only minor differences from the current wording and can be found at: http://www.rrc.state.tx.us/

On-line comments can be made at: http://www.rrc.state.tx.us/.

The Wise Report
Henry M. Wise, P.G.
September 29, 2007

The Texas Board of Professional Geoscientists has provided the following link to their recent audit of finances: https://fmx.cpa.state.tx.us/

The posting of this audit is the result of House Bill 3430, enacted recently by the 80th Legislature, which requires the Texas Comptroller of Public Accounts to create an online state expenditure database to make state spending transparent to the public by Oct. 1, 2007. Additionally, by Oct. 1, 2007, state agencies and institutions of higher education that have a generally accessible website must include a link to Where the Money Goes on their websites. If you're interested in other State Agencies, you can access the Window on State Government via the following link:
Where the Money Goes: Online State Expenditure System

Use the search window at the upper left of the website to look up the agency/institution of higher education of interest.

The Wise Report
Henry M. Wise, P.G.
September 23, 2007

The TCEQ has adopted the following changes to Subchapter E: Leaking Petroleum Storage Tank Corrective Action Project Managers and Specialists:

§30.171, Purpose and Applicability, repeals §30.171(d) in its entirety. This section allows registrations issued before January 1, 2002, to remain in effect until they expire, or are replaced or revoked by the commission. This language is no longer applicable.

§30.180, Qualifications for Initial License, changes the term "preceding" to "previous. " This change provides consistency throughout this section.

§30.185, Qualifications for License Renewal, changes the number of training credits required to renew a license to 32 hours, instead of 16 hours, as is currently required by §30.185(a)(2). This corrects a typographical error that exists in the current provision. Changes in the numbering to this section will occur where necessary to reflect the changes.

§30.190, Qualifications for Initial Registration of RCAS's, clarifies the amount of liability insurance required and changes the term "preceding" to "previous. " This change provides consistency throughout this section. Additionally, the amendment adjusts the initial registration fee from $150 to $232. The fee adjustment includes the cost for the TxOnline subscription fees and the increase from a two-year to a three-year validity period for registrations.

§30.192, Qualifications for Registration Renewal, adjusts the renewal registration fee for Corrective Action Specialists from $150 to $232. The fee adjustment includes the cost for the TxOnline subscription fees and the increase from a two-year to a three-year validity period for registrations.

The Wise Report
Henry M. Wise, P.G.
September 9, 2007

The Texas Commission on Environmental Quality (TCEQ) has proposed changes to their radiation control rules. The primary purpose of the proposed rules is to implement Senate Bill (SB) 1604, 80th Legislature, 2007, and its amendments to Texas Health and Safety Code (THSC), Chapter 401 (also known as the Texas Radiation Control Act (TRCA)). The bill transfers responsibilities for the regulation and licensing of source material recovery, by-product disposal, and commercial radioactive substances storage and processing from the Texas Department of State Health Services (TDSHS) to the TCEQ. This proposed rulemaking intends to transfer the technical requirements for these programs from the department's rules in 25 TAC §289.254 and §289.260 into new subchapters of the commission's radioactive substantive rules in Chapter 336. While the technical requirements remain the same, these new commission programs will be integrated into and administered under the commission's existing radioactive material program requirements for application processing, public notice, public participation, licensing fees, financial assurance, and enforcement. The proposed amendments to Chapter 37 establish the financial assurance requirements for licenses for uranium recovery, by-product disposal, and radioactive substances storage and processing. The TCEQ proposes that the existing financial assurance requirements of Subchapter T of Chapter 37 be used for the licensing programs subject to the transfer of jurisdiction in SB 1604. SB 1604 also establishes a new state fee for disposal of radioactive substances and amends underground injection control requirements for uranium mining. The TCEQ intends to address the new requirements in separate rulemaking actions. For more information go to: http://www.sos.state.tx.us/.