The Wise Report

August 22, 2010

Lynn Clark, member of the Texas Board of Professional Geoscientists wrote a response concerning the previous Wise Report.  He states:

"I attended the Legislative Committee also, and I offer my personal observations to augment Mr. Mikel ’s comments.

Statement 1: I believe the Legislative Committee members were receptive, not luke-warm, to the idea of increasing the ceiling on administrative penalties to $3,000 or some comparable amount.

Statement 4: I don’t believe there is any desire among the majority of Board members to remove all future Board flexibility to accept experience in lieu of specific educational training in exceptional instances.  I believe this was a suggestion sent to the Legislative Committee for consideration from a person or persons in an outside entity.

Statement 5: The bill to amend the Professional Services Procurement Act passed during the last session, but was vetoed by the Governor. (Do not forget that the bill was unexpectedly amended in legislative committee to include landscape architects along with geoscientists.)  We may never know if that unwelcome amendment was the death blow that resulted in a veto from the Governor.  I believe the majority of the Board still feels that adding PGs and geoscience to the list of “professional” professions for qualification based selection (QBS) is in the best interest of the state, public and the geoscience profession.  It will be important to determine in the next few months if the Governor remains philosophically opposed to QBS for all professions, as some legislative aides have indicated.  If that is indeed the case, then freezing the current “list” of professions would certainly be a useful step towards eventually repealing the Professional Services Procurement Act.  The introduction of another bill to add PGs and professional geoscience to “the list” would not be unwelcome."

Henry M. Wise, P.G.
8/22/2010

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

August 14, 2010

John K. Mikels, with GEOS Consulting, attended the Texas Board of Professional Geoscientists (TBPG) Legislative Affairs Committee meeting on August 13, 2010.  The following is the Committee's agenda for policy issues and Mr. Mikels' comments:

General Geoscience Policy: Probably Senate Natural Resources Committee and House Licensing and Administrative Procedures Committee

Professional Services Procurement Act: Probably Senate Administration or Natural Resources Committee and House State Affairs Committee

1.               Increase the administrative penalty authority from $ 100 to $ 1,500 per instance.  1002.452(b).  Matthew Cowan, with the Texas Association of Professional Geoscientists (TAPG), suggests raising it to $3,000. The general opinion was that penalties should be substantive, not simply a "slap on the wrist."  Mr. Mikels believes that amount is more appropriate. The Texaqs Board of Professional Engineer's (TBPE's) authority is up to $3,000 per instance.  Mr. Mikels' impression was that the Legislation Committee was only luke-warm to increasing penalty fees.

2.               Clarify language at 1002.351 (b) to reflect that only engineering firms that perform geoscience work or service that is incidental and specific to an engineering project is exempt from rules adopted by the TBPG relating to the public practice of geoscience by a firm or corporation.

3.               Possible bill, if driven by the oil and gas community —amend the exemption of geoscientific work performed exclusively in exploring for and developing oil, gas, or other.... to include work that is presented publically in support of an investment in a project. Mr. Mikels is not certain of what clarifications would need to be made to achieve what various parties would want.

4.              Mr. Mikels believes that some TBPG Board members may want to consider whether to try to remove the
provision at 1002.255 (b) that allows the Board to accept qualifying experience in lieu of the educational requirement in 1002.255 (a).

5.               Amend the Professional Services Procurement Act to include professional geoscience/professional geoscientists.  Mr. Mikels had the impression that the Committee, and perhaps the TBPG Board, may be reluctant to to pursue this at this time.  Govenor Perry vetoed the bill that added geologists, among others, to the list during the last session.  Mr. Mikels had the impression that the Legislative Committee was reluctant to pursue anthing new or hot-button, they prefer to focus on clarificaiton and clean-up-loose-ends type issues.

6.               Seek clarification of Occupations Code, Chapter 1002.202(e) regarding the confidentiality of complaints. The issue here is that the language in the Act seems to prohibit the TBPG from sharing complaint information with another agency. This could be a problem if we get a complaint that reveals evidence of criminal violations or violations of another jurisdiction's laws or rules (for example TCEQ or TBPE rules). Kevin Colman, former TBPG Board member and chairman, agrees this is an issue.

Matthew Cowan believes the next legislative session, scheduled to begin in January 2011, will probably be dominated by budget issues, redistricting, gambling, and immigration.

Henry M. Wise, P.G.
The Wise Report
8/14/2010

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The Wise Report

July 31, 2010

The TCEQ has updated the TPH spreadsheet for calculating TRRP PCLs and is available at http://www.tceq.state.tx.us/remediation/trrp/trrppcls.html.

The new version corrects an error in duplicating a PCL number to the Results Page from the AirSOILInh Calculation Page.

Henry M. Wise, P.G.

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The Wise Report

July 24, 2010

Lieutenant Colonel Michael Hess returned to Austin in July from a four-year tour of duty to resume his position as Executive Director of the Texas Board of Professional Geoscientists. Colonel Hess had been recalled to the United States Army in July of 2006, where he had initially been stationed in Iraq.

Mr. Charles Horton, who has been serving as Interim Executive Director since January 1, 2009, will continue to assist in agency operations as he takes over as Deputy Executive Director. About the upcoming changes, Mr. Horton states, “I look forward to working with Colonel Hess as we go forward. We will do whatever it takes to make the transition seamless, to tackle the important issues facing the agency, and to be fully prepared for the upcoming legislative session.”

Thanks for your service, Colonel Hess, and welcome back!

Henry M. Wise, P.G.

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The Wise Report
July 10, 2010

Matt Cowan, with Lone Star Environmental, informed me that the state of Louisiana has passed legislation to register geologists practicing in Louisiana.  Their PG board has yet to be set up, so there are currently no forms or rules set up, but the act is to take effect January 1, 2011.  The grandfather period will end January 1, 2012.  The legislation can be found at:

http://www.legis.state.la.us/billdata/streamdocument.asp?did=720117

and appears to be similar to the Texas PG act.

The Texas Board of Professional Geoscientists (TBPG) proposes amendments to §§850.10, 850.60 - 850.63, 850.81, and 850.82, concerning the licensure and regulation of Professional Geoscientists to correct minor errors, improve the rules, and ensure that the rules reflect current legal, policy, and operational considerations. This set of proposed revisions is a result of the review of the entire chapter.

An amendment to the title of Subchapter A is proposed to rename the subchapter to Authority and Definitions. Amendments to §850.10 are proposed to improve the definitions of Act and rule; add definitions for advisory opinion, Board, licensee, and sanction; to delete the definitions of address of record, applicant, Chairman, Vice-Chairman, complainant, hearings examiner, examiner, administrative law judge, pleading, respondent, T.R.C.P., and U.S.P.S.; and to renumber the definitions accordingly.

An amendment to the title of Subchapter B is proposed to rename the subchapter to Organization and Responsibilities.

Amendments to §850.60 are proposed to rename the title of the section to Organization and Responsibilities of the Board - General Provisions; add a statement that the purpose of this chapter is to implement the provisions in the Texas Geoscience Practice Act (the Act), Texas Occupations Code Chapter 1002, concerning the licensure of Professional Geoscientists and regulation of the public practice of geoscience; and to reletter the section accordingly.

Amendments to §850.61 are proposed to rename the title of the section to Organization and Responsibilities of the Board - Meetings and to delete the specific revised date of Robert's Rules of Order.

Amendments to §850.62 are proposed to clarify the Board's duties of ensuring that unless exempted by the Texas Occupations Code Chapter 1002, a person may not use the Professional Geoscientist title or initials or represent that a person is qualified to engage in the public practice of geoscience and that a person does not take responsible charge of certain geoscientific reports or portions of reports unless the person is licensed under the authority provided to the Board under the Act; to clarify that the Act and rules adopted by the Board under the authority of the Act apply to every licensee, registered firm, Geoscientist-in-Training, and unlicensed individual or unregistered firm providing or offering to provide public geoscience services; to clarify that unless an exemption applies, the Board ensures that all firms offering to engage or engaging in the public practice of professional geoscience in Texas are registered as a Geoscience Firm; to provide that an individual meeting certain criteria who expresses an intent to become a licensed Professional Geoscientist may register with the Board as a Geoscientist-in-Training (GIT); to remove the subsections stating that complaints can be filed with the Board and that a complaint must be filed within two years of the event giving rise to the complaint. These items are addressed in Chapter 851 (relating to Texas Board of Geoscientists Licensing Rules). This section will be relettered accordingly.

Amendments to §850.63 are proposed to provide that a notice of its order imposing a sanction or penalty must include the specific disciplinary action to be taken, in addition to previously existing requirements and to remove the provision that upon request, exams may be offered in a foreign language at the expense of the requestor.

An amendment to §850.81 is proposed to update that the cost for providing public information is that as promulgated by the Office of the Attorney General.

An amendment to §850.82 is proposed to provide that the Executive Director shall determine the agency's position on disputes regarding issues with the processing of a drawn payment.

The text of these amendments can be found at:  http://www.sos.state.tx.us/texreg/sos/PROPOSED/22.EXAMINING%20BOARDS.html#86.  Comments on the proposal may be submitted in writing either in person or by courier to Molly Roman, Operations Manager, Texas Board of Professional Geoscientists, 333 Guadalupe Street, Austin, Texas 78711, by mail at P.O. Box 13225, Austin, Texas 78701, or by e-mail to mroman@tbpg.state.tx.us. When e-mailing comments, please indicate "Comments on Proposed Rules" in the e-mail subject line. Comments will be accepted for 30 days.

Henry M. Wise, P.G.

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The Wise Report
May 21, 2010

The TRRP 13 TRRP guidance for Review and Reporting of COC Concentration Data has been updated. Some of the major changes are:

• The term sample quantitation limit (SQL) has been changed to sample detection limit (SDL).
• Review qualifiers have been added to annotate data when the laboratory is not NELAC-accredited for the analyte, method, and/or matrix.
• A few bullets in the data usability summary (DUS) section have been added to require the DUS provide information on the NELAC-accreditation status of the laboratory at the time the data were generated.
• Detectability check sample results were added to the list of reported data on the laboratory review checklist (see R9).

 The regulatory guidance document can be found at:  http://www.tceq.state.tx.us/comm_exec/forms_pubs/pubs/rg/rg-366_trrp_13.htm.

Henry M. Wise, P.G.
The Wise Report
May 21, 2010
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The Wise Report
April 25, 2010
Henry M. Wise, P.G.

The Texas Board of Professional Geoscientists (TBPG) has adopted new rules regarding advisory opinions, the Geoscientist-in-Training (GIT) Program, an amendment to §851.80 establishes an initial application fee and a subsequent annual renewal fee of $25 for a GIT certificate, and an amendment to §851.106 regarding geoscientists to report to the TBPG any known or suspected violation of the Texas Geoscience Practice Act or Board rules.

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

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The Wise Report
April 18, 2010

A Petroleum Storage Tank (PST) Operator Training Rule Stakeholder Meeting will be held on April 27, 2010. The meeting is open to the public and will provide a brief overview of proposed rule changes which will: 1) add requirements for Operator Training at Underground Storage Tank (UST) Facilities in a manner that meets federal law; and 2) make less substantive changes to existing administrative and technical UST rules as necessary to simplify and clarify them.  Attendees will have the opportunity to ask questions and participate in open discussion.  Additional information can be found at: http://www.tceq.state.tx.us/assets/public/remediation/rpr/documents/PST_Stakeholder_Meeting_April27.doc

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The Wise Report

April 11, 2010

The annual update of the Texas Commission on Environmental Quality (TCEQ) Texas Risk Reduction Program (TRRP) Tier 1 protective concentration limit (PCL) tables is now available on the TRRP PCLs web page at http://www.tceq.state.tx.us/remediation/trrp/trrppcls.html. For instructions on how to use the Tier 1 tables, please refer to Tier 1 PCL Tables (RG-366/TRRP-23), and for information on their applicability, see Toxicity Factors and Chemical/Physical Parameters (RG-366/TRRP-19). Both documents are available on the TRRP Guidance and Forms web page, http://www.tceq.state.tx.us/remediation/trrp/guidance.html. For questions on changes to toxicity factors, please contact the TCEQ Toxicology section at 512-239-1795.

Henry M. Wise, P.G.
The Wise Report
4/11/2010

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The Wise Report

April 4, 2010

The TCEQ has updated theTCEQ Remediation Division Correspondence ID Form (TCEQ-20248).  Use of the form will expedite the processing of reports and correspondence received by the Remediation Division and will better ensure the accuracy of data entered into the agency's databases.  They asks that you complete and submit this form as a cover sheet for all correspondence and reports submitted to the TCEQ Remediation Division cleanup programs on or after June 1, 2010.   Instructions are available in PDF format and the form itself is available in MS Word format on the Remediation Division cleanup program web pages and at:   http://www.tceq.state.tx.us/remediation/announcements.html 

Henry M. Wise, P.G.
The Wise Report
April 4, 2010

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The Wise Report

March 26, 2010

The Memorandum of Understanding (MOU) between the Railroad Commission of Texas and the Texas Commission on Environmental Quality is being updated.  This update will reflect changes brought about due to legislation passed during the last two sessions.  The revisions deal with NORM, solid waste, disposal wells, enhanced recovery wells, brine mining, geologic storage of carbon dioxide, hydrocarbon storage, geothermal energy, in situ tar sands, and uranium exploration and mining.  The proposed MOU can be found at:  http://www.rrc.state.tx.us/rules/prop-amend-3-30-MOU.pdf

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Justin McNamee of Rowlett is replacing Ben Harris of Plano, who resigned, on the Texas Board of Professional Geoscientists for a term to expire February 1, 2015.  We thank Mr. Harris for his service and wish Mr. McNamee the best of luck.

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The Railroad Commission of Texas proposes new Chapter 5, relating to carbon dioxide, to implement Senate Bill (SB) 1387, 81st Legislature (Regular Session, 2009), which was effective September 1, 2009. SB 1387 amended the Texas Water Code and the Texas Natural Resources Code to provide for the implementation of projects involving the capture, injection, sequestration, or geologic storage of carbon dioxide. The purpose of the proposed rules is to protect underground sources of drinking water while promoting the capture and storage of anthropogenic carbon dioxide. The proposed chapter can be found at:  http://www.sos.state.tx.us/texreg/sos/PROPOSED/16.ECONOMIC%20REGULATION.html#163

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I recieved a copy of a February 26, 2010 letter from US Representative Pete Sessions to the Texas Board of Professional Geoscientists.  Representative Sessions is seeking input regarding how the Administration’s 2011 Budget and associated spending priorities may impact energy exploration and production.  A few budget provisions that he discussed were:

• Intangible Drilling Costs - The President's budget calls fro the repeal of the intangible drilling cost expensing.  This will cost companies $5.6 billion over the next five years.
• Marginal Well Tax Credit - This tax credit will be repealed.  According to the Independent Petroleum Association of America, marginal wells account for 20% of American Oil and 12% of natural gas production.
• Repeal Enhanced Oil Recovery Credit
• Repeal Deduction for Tertiary Injectants
• Repeal Exception to Passive Loss Limitations for Working Interests in Oil and Nagural Gas Properties
• Repeal Percentage Depletion for Oil and Nagural Gas Wells
• Repeal Domestic Manufacturing Tax deduction for Oil and Natural Gas Companies
• Increas Geological and Geophysical Amortization Period for Independent Producers to Seven Years

The bottom line for the above is an increase in taxes for Oil and Gas Companies of an estimated $18.2 billion over five years and $36.6 billion over 10 years.

Oil and gas isn't the only industry under the gun.  Coal is also going to see an increase in taxes:

• Repeal Expensing of Exploration and Development Costs
• Repeal Percentage Depletion for Hard Mineral Fossil Fuels
• Repeal Capital Gains Treatment for Royalties

These will result in an increase in coal company taxes of approximately $1 billion over five years and $2.3 billion over ten years.

Representative Sessions is a member of the Rules Committee and is responsible for handling the Rule for energy bills that will come to the House floor for a vote.  If you have questions or would like to make comments to Representative Sessions, He requests that you contact his Legislative Assistant, Evan  Shoop at 202-225-2231 or email her at Evan.ShoopWmail.house.gov.

Henry M. Wise, P.G.
The Wise Report
3/26/2010

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The Wise Report

January 4, 2010

The Texas Board of Professional Geoscientists TBPG failed to adopt the proposed amended §851.30, as published in the June 12, 2009, issue of the Texas Register (34 TexReg 3913), within six months and so has been withdrawn. The proposed rule was in regards to firm registration. The proposed amendment cleaned up wording related to firm registration, clarified exemptions for engineering firms, and allowed the TBPG to issue certificates of registration on a non-annual basis. The proposed amendment also exempted from registration engineering firms that perform services or work that is both engineering and geoscience as long as the geoscience work performed is incidental and specific to their work as an engineering firm. The original proposal can be found at:  http://www.sos.state.tx.us/texreg/archive/June122009/PROPOSED/22.EXAMINING%20BOARDS.html#337

Henry M. Wise, P.G.
The Wise Report
1/4/2010

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The Wise Report
Henry M. Wise, P.G.
May 18, 2008

The Texas Commission on Environmental Quality (TCEQ) will conduct a public hearing to receive testimony concerning proposed revisions to 30 TAC Chapter 334, Underground And Aboveground Storage Tanks, under the requirements of Texas Health and Safety Code, §382.017; and Texas Government Code, Chapter 2001, Subchapter B. The proposed rulemaking would implement House Bill (HB) 3554 and HB 1956, 80th Legislature, 2007, Regular Session. At the request of the TCEQ, 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. The public hearing on this proposal is in Austin on May 27, 2008, 10:00 a. m. at the TCEQ complex located at 12100 Park 35 Circle in Building E, Room 201S. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing. For more information go to: http://www.tceq.state.tx.us/rules/hearings.html

The Texas Railroad Commission (RRC) has repeal all rules and propose new rules to address HB 3837 re: uranium mining and exploration (Chapter 11). The RRC failed to adopt the proposal within six months of publication, so the proposal must be withdrawn. For more information go to: http://www.rrc.state.tx.us/rules/proposed.html

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. More desired future conditions adopted
2. Another groundwater opinion from the courts: Aspermont v. Rolling Plains
3. Stakeholder meeting for the GAM for the Yegua-Jackson Aquifer
4. Groundwater conservation district in Lavaca County fails its confirmation vote
5. TWDB to host climate change conference
6. GAM information for groundwater management plans
7. Groundwater and love
8. Looking for modelers
9. Upcoming groundwater-related conferences in Texas
X. Fine print

1. More desired future conditions adopted

The groundwater conservation districts in Groundwater Management Area 8 have adopted desired future conditions for several more of the aquifers in their area. On May 19, 2008, the districts adopted conditions for the Ellenburger-San Saba, Hickory, and Marble Falls aquifers. The desired future conditions in draft form are available for review on the districts' website at www.gma8.org.

In December 2007, the 10 district committee for Groundwater Management Area 8 adopted desired future conditions for five of the nine major and minor aquifers within its boundary. These aquifers were the Edwards (Balcones Fault Zone), Blossom, Brazos River Alluvium, Nacatoch, and Woodbine. Conditions for the Trinity aquifer and anticipate finalizing conditions for adoption later this year. Now the only remaining aquifer for which desired future conditions are pending in Groundwater Management Area 8 is the Trinity Aquifer. The districts have been working diligently to refine proposed desired future

2. Another groundwater opinion from the courts: Aspermont v. Rolling Plains

The Eleventh Court of Appeals filed a rather interesting opinion in the case of the City of Aspermont v. the Rolling Plains Groundwater Conservation District. According to court documents, the City of Aspermont failed to file monthly reports and pay fees on groundwater exported out of the Rolling Plains Groundwater Conservation District. The district is located over the Seymour Aquifer in Knox, Baylor, and Haskell counties and the city is located in Stonewall County. The district filed suit for the fees, late fees, penalties, attorney fees, and other costs and asked the court to declare that Aspermont is subject to the district's rules and regulations. Aspermont claimed sovereign immunity, in other words, that it was immune from the suit.

The appeals court says that, because the district did not get permission from the legislature to sue and because Chapter 36 of the Texas Water Code doesn't specifically state that sovereign immunity is waived for municipalities or that districts are allowed to sue municipalities, Aspermont is immune from suit for monetary damages.

To read the full opinion, please go here:

http://www.11thcoa.courts.state.tx.us/opinions/HTMLOpinion.asp?OpinionID=8979

It's unclear at this time if this ruling will be appealed.

3. Stakeholder meeting for the GAM for the Yegua-Jackson Aquifer

TWDB is funding the development of a groundwater availability model (GAM) for the Yegua-Jackson Aquifer. TWDB staff and the contractor, INTERA Inc., will be holding the first stakeholder advisory forum for the project on Tuesday, June 24th, 2008, at 1:00 PM in Room 120 of Building A of the Centeq Building on the campus of Texas A&M University at 1500 Research Parkway in College Station (map: http://vfic.tamu.edu/contact.htm).

The presentation topics for this forum include:

(1) model objectives, expectations, and schedule;
(2) basics of groundwater flow in aquifer;
(3) concept of numerical groundwater modeling;
(4) approach for development of the model;
(5) summary of data sources reviewed and data base that has been developed to date to support the model; and
(6) identification of data needs.

We encourage your input, questions, and discussion on these topics at the forum.

Additional information on the GAM program and on the role of the stakeholder advisory fourm can be
found at the TWDB web site at http://www.twdb.state.tx.us/gam. Stakeholder participation is critical to the development of this aquifer model and the success of the GAM program. Stakeholder participation is promoted in the GAM program through public stakeholder meetings. INTERA, in cooperation with the TWDB, is holding these meetings as part of the model development process. The public forums are meant to update stakeholders on the progress of model development and to solicit your comments and discussion. Anyone interested in the development of this aquifer model is invited and encouraged to participate. Presentations and a summary of questions and answers from the meetings will be posted at http://www.twdb.state.tx.us/GAM/ygjk/ygjk.htm.

The TWDB contract manager for the Yegua-Jackson GAM is Ms. Cindy Ridgeway (512-936-2386; Cindy.Ridgeway@twdb.state.tx.us). If you have any questions or comments, please do not hesitate to contact Ms. Ridgeway or Van Kelley with INTERA (512-425-2047; vkelley@intera.com).

4. Groundwater conservation district in Lavaca County fails its confirmation vote

The voters of Lavaca County defeated the confirmation of a groundwater conservation district with 57 percent against confirming the district to 43 percent for. The Texas Legislature created the district in 2007 and, like most districts, the Lavaca County district needed to be confirmed by local voters before becoming permanent. The enabling legislation for the district doesn't expire until September 1, 2013, so the district may come up for a vote again.

5. TWDB to host climate change conference

The TWDB is holding a working conference to consider the possible impact of climate change on surface water supplies from the Rio Grande and potential water management strategies to offset any potential impacts. The one-day conference will be held on June 17, 2008, at the Carlos M. Ramirez TecH20 Water Resources Learning Center in El Paso and will feature experts from Texas, Arizona, New Mexico, and Colorado. If you would like to attend, please RSVP to Ms. Kathleen Ligon at Kathleen.ligon@twdb.state.tx.us or (512) 463-8294 by May 30, 2008.

You may download a preliminary program here:

http://www.twdb.state.tx.us/publications/misc_files/conference_mailer.pdf

6. GAM information for groundwater management plans

Chapter 36 of the Texas Water Code requires groundwater conservation districts to "...use groundwater availability modeling information provided by the executive administrator..." in their groundwater management plans. TWDB rules require that groundwater availability modeling (GAM) information, if a model is available, be used for estimates of (1) the amount of recharge from precipitation, (2) the amount of water that naturally discharges from the aquifer to springs and any surface water bodies, (3) the amount of groundwater that flows into and out of the district, and (4) the amount of water that flows between the aquifers in the district.

TWDB staff are preparing and sending out GAM runs, under the signature of our Executive Administrator, to districts that have groundwater management plans that are due soon for renewal. If you are a district and you expect to submit a plan early, please be sure to let Ms. Cindy Ridgeway (cindy.ridgeway@twb.state.tx.us; 512.936.2386) know so she can get a GAM run to you as soon as possible. Note that TWDB staff will not recommend approval of your groundwater management plan if it does not include this GAM information.

Chapter 36 further states that districts shall use GAM information provided by the Executive Administrator "...together with any available site-specific information that has been provided by the district to the executive administrator for review and comment before being used in the plan." Therefore, if you plan to also use information besides the GAM information for items (1), (2), (3), and (4) listed above, you need to first send that information with a request to review and comment to our Executive Administrator. Note that TWDB staff will not recommend approval of your groundwater management plan if the site specific information used has not been previously submitted for review and comment by the Executive Administrator. This review only relates to items (1), (2), (3), and (4) mentioned above.

Also note that submitting site specific information for comment and review does not mean that you can then not include the GAM information provided by the Executive Administrator in the plan. Chapter 36 says that districts shall use GAM information provided by the Executive Administrator together with site specific information that has been reviewed and commented on by the Executive Administrator.

So be looking for GAM information in the mail, because we'll be looking for it in your management plan!

For questions, please contact Ms. Rima Petrossian at rima.petrossian@twdbstate.tx.us or at 512.936.2420.

7. Groundwater and love

Next month, June, is known for love, given the large number of weddings planned by goo-goo-eyed couples across the state (and the subsequent anniversaries of hopefully still goo-goo-eyed couples). Here's a song that equates the water level in your well to the love in your life:

https://www.authorsden.com/adstorage/25908/YouNeverMissYourWaterEQ.mp3

8. Looking for modelers

Speaking of groundwater and love... Middle aged (and middle sized) state agency looking for two smart and motivated groundwater modelers for a possible (and hopeful!) long-term relationship. Must enjoy long walks discussing the finer points of finite difference equations and numerical solvers, dancing around assumptions, and arty displays of potentiometric surfaces. Willingness to work with model grids that are height-width proportional is a big plus. Kids OK.

http://www.twdb.state.tx.us/ABOUT/employment_opportunities/Jobs/08-67.pdf

9. Upcoming groundwater-related conferences in Texas

A. "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/

B. "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/

C. "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/

D. "Quarterly Meeting", hosted by the Texas Alliance of Groundwater Districts, will be held January 27 and 28, 2009, in Austin. For more info: http://www.texasgroundwater.org/

E. "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.
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

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.

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.
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.

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/.