Texas Association of Professional Geoscientists

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

The Wise Report
for March 2008

The Wise Report

Henry M. Wise, P.G.

March 1, 2008

The National Oceanic and Atmospheric Administration announces a 45-day public comment period for the draft document titled, U.S. Climate Change Science Program Synthesis and Assessment Product 4.1: “Coastal elevation and sensitivity to sea level rise.” Comments must be received by April 10, 2008.
The document is posted on the CCSP Web site at: www.climatescience.gov/Library/sap/sap4-1/default.php [Federal Register: February 25, 2008 (Volume 73, Number 37)]
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From the Chapman Engineering Newsletter:

Based on both the federal Energy Bill of 2005 and on Texas Legislature actions in the 2007 session, the 30 TAC Chapter 334 rules are being revised in a number of ways. The major points are:

PST Reimbursement Fund has been extended for four years, and the tank registration fee for both UST’s and AST’s is repealed until the Reimbursement Fund finally sunsets;

The PST Reimbursement Fund may now be used by TCEQ for some administrative costs – the agency wanted this for years, and finally got it;
Cathodic protection testing will have to be done by NACE-certified technicians, technologists or cathodic protection specialists, or by licensed professional engineers – rules have allowed someone with “equivalent training or experience” to do testing in the past, but this will no longer be allowed;
Due to federal law, any new tank installation will require double-walled tanks and double-walled piping; any line replacement, of more than ten percent of line length, will require double-walled piping. A liner in base of excavation as the secondary containment is not allowed – it has to have double-walled equipment;
For new installations or line and dispenser replacements, containment sumps must be installed around sub pumps and under dispensers. If these serve as leak detection devices, then it may be required that liquid sensors be installed and maintained, and when a liquid thickness is detected, sump cleanout is required along with finding and fixing the leak;
Operator training is phasing in over the next three years. TPCA and PEI are good resources for these training requirements and on-line courses are becoming available.

The TCEQ has proposed amendments to implement Senate Bill (SB) 662, 80th Texas Legislature, 2007, requiring certain plat applicants to transmit to the Texas Water Development Board (TWDB) and any applicable groundwater conservation district (GCD) information that would be useful in performing GCD activities, conducting regional water planning, maintaining the TWDB's groundwater database, or conducting state studies on groundwater. Under Local Government Code, §212.0101 and §232.0032, a municipal authority responsible for approving plats by ordinance or the commissioner's court of a county by order (respectively) may require a person who submits a plat application for the subdivision of a tract of land for which the source of the water supply intended for the subdivision is groundwater under that land, to have attached to it a statement that is prepared by an engineer licensed to practice in this state or a geoscientist licensed to practice in this state and certifies that adequate groundwater is available for the subdivision. For more information go to: http://www.sos.state.tx.us/texreg/sos/PROPOSED/30.ENVIRONMENTAL%20QUALITY.html#350

Henry M. Wise, P.G.

The Wise Report

3/1/2008

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 re-published 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/permitting/water_quality/wastewater/general/WQ_general_permits.html

The TCEQ is holding public meetings on the following proposed rules:

HB 2654: UIC Class I Nonhazardous Rules for Water Treatment Residuals, April 8, 2008, at 10:00 a.m. at the TCEQ Complex located at 12100 Park 35 Circle in Building E, Room 201S.

SB 662: Groundwater Availability for Platting, March 27, 2008, at 2:00 p.m. at the TCEQ Complex located at 12100 Park 35 Circle in Building E, Room 201S.

HB 3220: Dry Cleaner Regulation and Remediation, March 11, 2008, at 10:00 a.m. at the TCEQ Complex located at 12100 Park 35 Circle in Building E, Room 201S.

For more information on these meetings go to: http://www.tceq.state.tx.us/rules/hearings.html

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 .

Henry M. Wise, P.G.

The Wise Report

3/21/2008

4/20/07

The Texas Association of Professional Geoscientists (TAPG) will host a regional meeting next Thursday, April 26^th at the Ellison Miles Geotechnology Institute (Brookhaven CC campus) in Farmer’s Branch from 6:00 pm – 7:30 pm. We will discuss recent TBPG activities and important legislative updates. Lynn Clark, TBPG Board Member will be the keynote speaker. After a brief talk and Q&A session, we plan to adjourn to a near-by restaurant for dinner and socializing. This will allow those on a tight time schedule hear important updates within a reasonable time frame. Click here for a map to the EMGI. Click here for a map to Brookhaven College. You may find additional information on their website at: http://www.brookhavencollege.edu/emgi/

Many of you may be aware that Senator Dan Patrick (see attached) is proposing that the P.G. Board to be eliminated because “the agency limits competition and consumer choice and there is little evidence the agency was or is necessary.” This and other significant issues pertaining to PG will be addressed. I hope you will make an effort to attend if possible. I appreciate your time and consideration. I hope to see you there.

1/21/06

No P.G. Seal

During an audit of licensee files, it was discovered that numerous licensees have yet to provide the agency with a copy or sample of their P.G. seal, as is required by §851.20(m) in our rules.

Beginning February 20, 2006, notification letters will be sent to these licensees asking them to comply with the rule and submit their P.G. seal. If your name appears on this list you may print and submit this form, with your seal, to TBPG office in order to comply with the rule and avoid further action. Otherwise, the letter will be sent and you will have thirty days from the date of the letter to submit your seal to our office without incurring any disciplinary action.

1/21/06

Proposed rule

Firm Registration

Applications for the certificate of registration shall be accepted from all firms offering to engage or engaging in the practice of professional geoscience for the public in Texas. The Board has the authority under the Act to issue an annual certificate of registration to applicants that, subsequent to review and evaluation, are found to have met all requirements of the Act and Board rules. The Board has the authority under the Act to deny a certificate of registration to any applicant found not to have met all requirements of the Act and Board rules. This section does not apply to an engineering firm that performs service or work that is both engineering and geoscience.

5/20/05

At the May 20, 2005 Texas Board of Professional Geoscientists meeting, Mr. Gordon Ware, P.G., Area Manager for Arcadis G & M in Corpus Christi, was unanimously voted in as the new Board Chairman. Mr. Ware has been a Board member since 2001 and has an extensive background in Strategic Planning which led to his successful development and implementation of the 2005-2009 TBPG Strategic Plan. A man of few words, Gordon Ware is expected to lead the Board through the difficult enforcement process now developed and to enhance the value of the Professional Geoscientists license.

Also at the May 20, 2005 meeting, Ms. Kelly Krenz-Doe, P.G., Senior Project Manager for Turner Collie and Braden Inc. in Houston, was unanimously voted in as the new Vice Chairman of TBPG. Ms. Krenz-Doe is also a founding member of the Board. She is most revered for leading the Geoscientists, particularly the Geophysics concepts, to realization, by being the Board point of contact for the development and implementation of the TBPG Geophysics Exam. Ms. Krenz-Doe is soft-spoken, but decisive in completing group projects for the Board.

Finally, Mr. Rene Pena, CPA, and President of Pena, Vogel, Briones and Company in El Paso, was unanimously re-elected for the third time as the Secretary/Treasurer of the Board. Mr. Pena was the Acting Chairman of the Board during the recent leadership transition and found himself in the unenviable position of being the sole Board officer. He is noted for being of a decisive mind that has been behind the extreme cost-efficiency achieved by the TBPG. Mr. Pena has been, and is expected to remain, the stabilizing force behind all Board activities.

On May 20, 2005 the Texas Board of Frpfessional Geoscientists abopted the new continuing education requirement for Professional Geoscientist. You can view the final version here.

4/8/05

Congratulation to the new appointees to the Texas Board of Professional Geoscientists including the TAPG own Lynn Clark.

OFFICE OF THE GOVERNOR

Rick Perry

Post Office Box 12428 512-463-2000 (Voice)

For Immediate Release Contact: Kathy Walt or Robert Black

April 8, 2005512-463-1826

Gov. Perry Appoints Three Individuals to Texas Board of Professional Geoscientists

AUSTIN - Gov. Rick Perry today announced the appointment of three individuals to the Texas Board of Professional Geoscientists for terms to expire Feb. 1, 2011.The board licenses and regulates the public practice of geoscience.

Kimberley Robinson Phillips of Houston is being reappointed to the board. She serves as an officer of the commercial law section of the National Bar Association and is a council member for the appellate section of the Houston Bar Association. Phillips is a former board member of the Dallas Association of Young Lawyers and St. Philip's School. She is a member of the State Bar of Texas and the Junior League of Houston. A graduate of Central Missouri State University, She received a law degree from Texas Southern University Thurgood Marshall School of Law.

Y. Lynn Clark of Dallas is vice president and the principal geoscientist with LCA Environmental, Inc. He is also president of Pertect Detectors, Inc. Clark is former president of the Texas Association of Professional Geoscientists and an emeritus member of the Professional Association of Diving Instructors. He is a member of the National Ground Water Association and an assistant troop leader of the Boy Scouts of America in Dallas. A graduate of the University of Miami, Clark received master's degrees from Southern Methodist University and the University of Texas at Dallas.

Glenn R. Lowenstein of Houston is president and senior project manager of Terrain Solutions, Inc. He is former chairman of the Houston Geological Society Environmental/Engineering Group and member of the National Ground Water Association. A graduate of Queens College in New York, he received master's degrees from Texas A&M University and the University of Houston.

These appointments are subject to senate confirmation.

The TBPG's website has finally been revised. This include the latest update to the proposed continuing education requirements.

Fred Agnich passed away at approximately 1:00 PM on October 28, 2004.

Fred J. Agnich, a businessman and geologist who served in the Texas House of Representatives for nearly two decades, has died. He was 91.

Agnich died Thursday at his home. Dick Agnich said his father suffered a fall about a week ago and "didn't quite bounce back from that."

Fred Agnich was born in Eveleth, Minn. He earned a geology degree from the University of Minnesota and in the 1930s joined Geophysical Services Inc., working in Louisiana, his son said.

Agnich served nine two-year terms in the Texas House, beginning in 1971.

"He was quite active in the environmental area and was recognized for that, particularly in the conservation area," said Dick Agnich, who described his father as a conservative Republican.

His daughter, Pebble the family request that ALL DONATIONS be sent to the "Fred Agnich Scholarship Fund" in c/o The Texas Association of Professional Geoscientists "TAPG" in Austin, Texas.

If you would like to make a donation please send them to Fred Agnich Scholarship fund, c/o TAPG, PO Box 140647, Austin TX 78714.

Public visitation will be Tuesday from noon-8 p.m. at Restland Funeral Home in Dallas.

Services will be at noon Wednesday at Preston Hollow Presbyterian Church.

Geoscientist-in-Training Designation (GIT)

Individuals who meet the educational requirements of § (TBA) of the Act and have successfully passed the examination on the fundamentals of geology, geophysics or soil science are eligible to apply for geoscientist-in-training certification. This certification does not entitle an individual to practice as professional geoscientists.

§ Geoscientist-in-Training Application and Certification

(a) To become enrolled as a Geoscientist-in-Training (GIT), an individual must:

(1) submit a GIT application,

(2) submit an official transcript in accordance with §§ (TBA) of this chapter (relating to Proof of Educational Qualifications), and

(3) pay the fee as established by the Board.

(b) A certificate as a geoscientist-in-training expires eight years from the date of issuance. Although the certificate has an expiration date, the records of the Board will indicate if an individual has passed the fundamentals of their intended discipline of: geology, geophysics or soil science.

(c) The GIT application and official transcript can be used after five years of experience for the professional geoscientist license application.

(d) The GIT certificate may be renewed upon payment of a GIT renewal fee as established by the Board.