The Wise Report

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

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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.

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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

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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.

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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

 

Henry M. Wise, P.G.

The Wise Report

4/4/2008