The Wise Report

The Wise Report

Henry M. Wise, P.G.

August 3, 2007

The Texas Board of Professional Geoscientists (TBPG) proposes an amendment to 22 TAC §850.62, regarding complaints against activities that are regulated by TBPG. The proposed amendment clarifies that complaints can be filed against unlicensed individuals or entities if their activities are regulated by the Board.
The TBPG proposes an amendment to 22 TAC §850.82, regarding dishonored check fees. The proposed amendment clarifies fees for dishonored payments.
The TBPG proposes an amendment to 22 TAC §851.28, concerning license renewal and reinstatement. This amendment is proposed to more closely align TBPG rules with its enabling statute and clarifies the language regarding notification of license expiration. Basically, the TBPG will issue notices of expiration 60 days in advance.
The TBPG proposes an amendment to 22 TAC §851.31, concerning temporary licenses. The proposed amendment removes redundant language from the rule.
The TBPG proposes an amendment to 22 TAC §851.80, regarding licensing fees set by TBPG The proposed amendment updates the examination fee for geophysics ($175), and adds the fee ($25) for insufficient funds.
For more information on these proposed changes go to: http://www.sos.state.tx.us/texreg/sos/PROPOSED/22.EXAMINING%20BOARDS.html#149
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The Railroad Commission of Texas (RRC) proposes amendments to §§12.147, 12.309, 12.337, 12.395, 12.681, 12.682, 12.688, 12.689, 12.693, and 12.816 relating to Reclamation Plan: Postmining Land Uses; Terms and Conditions of the Bond; Topsoil: Redistribution; Revegetation: Standards for Success; Public Hearing; Review of Notice of Violation or Cessation Order; Determination of Amount of Penalty; Assessment of Separate Violations for Each Day; Request for Hearing; and Liens. The RRC proposes these amendments to update provisions of the Texas Coal Mining Regulatory and Abandoned Mine Land Programs. For more information on these proposed changes go to: http://www.sos.state.tx.us/texreg/sos/PROPOSED/16.ECONOMIC%20REGULATION.html#7
---------------------------------------------------------------------------------------------------------------------The Texas Commission on Environmental Quality (TCEQ) is beginning to work up proposed rule changes in accordance with recently passed Texas laws. These are still in the preliminary stages and have not been published in the Texas Register yet:

• Chapter 288, Water Conservation Plans, Drought Contingency Plans, Guidelines and RequirementsSenate Bill 3 and House Bill 4: Water Conservation Plan Review. These amendments are proposed under Texas Water Code (TWC), §16.402(e) which requires that the Texas Water Development Board (Board) and the commission jointly adopt rules implementing provisions of Senate Bill (SB) 3 and House Bill (HB) 4 from the 80th Legislative Session.

• SB 1604: Uranium Mining and Radioactive Waste (Phase 1). This rulemaking implements SB 1604 from the 80th Texas Legislative Session relating to transfer of certain regulatory responsibilities for radioactive waste from the Texas Department of State Health Services (DSHS) to the TCEQ

For more information on the above, go to: http://www.tceq.state.tx.us/rules/pendprop.html#07028
Other TCEQ new rulemaking initiated as a result of legislation from the 80th Regular Session 2007 are listed below. There is currently no other information available on these:

• HB 3098: Edwards Aquifer Fees: This rulemaking implements HB 3098, by revising the 30 TAC Chapter 213 fee structure for water pollution abatement plans and contributing zone plans submitted to the TCEQ for review by the Edwards Aquifer Protection Program.

• HB 1956: PST Financial Assurance: This rulemaking would require proof of financial assurance with annual UST registrations.

• HB 3220: Dry Cleaner Regulation and Remediation: Sets deadline for Property Owners (POs) to register by 12/31/07 as requirement for eligibility for fund benefits. Allows for quarterly billing for registration fees. Amends fees for solvents; requires refund of current credit balances; restricts use of perc at sites where corrective action completed. Allows an owner of non-participating drop station to move and retain non-participating status.

• SB 662: Groundwater Availability for Platting: Rulemaking to implement legislation from the 80th R.S., 2007, on S.B. 662.

• HB 576, HB 713, HB 1127, HB 1886, HB 2984, HB 3378, HB 3770, SB 657: Water Districts: Rulemaking to implement water district legislation from the 80th R.S., 2007, on HB 576, HB 713, HB 1127, HB 1886, HB 2984, HB 3378, HB 3770, and SB 657.

• HB 2654: UIC Class I Nonhazardous Rules for Water Treatment Residuals: This rulemaking will allow the commission to issue a general permit for Class I nonhazardous wells injecting desalination concentrate and other water treatment residuals from public water systems. This rulemaking will also revise technical standards to be equivalent with federal Class I nonhazardous regulations.

• HB 3554, HB 1956: Regulation, Remediation, and Financial Assurrance of AST''s and UST''s: HB 3554 requires the commission to use "risk-based corrective action"; 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.

• SB 1037: Evaporation Pits: Prevention of surface water or groundwater pollution from evaporation pits operated for the commercial production of brine, salts, or minerals.

• HB 3838: In Situ Uranium Mining / SB 1604: Phase II: Relating to regulation of injection wells used for in situ uranium recovery by the Texas Commission on Environmental Quality.

Henry M. Wise, P.G.

The Wise Report

8/3/2007