1. Jaya Zyman, P.E., Division Director Permitting and Registration Support Division Texas Commission on Environmental Quality Permitting & Registration Support Division Updates Environmental Trade Fair 2016

2. Issues registrations and occupational licenses for 13 environmental occupations for the State of Texas. Efficient regulatory services Operational competency of individuals licensed and entities registered by TCEQ. Timely, relevant and accessible services for our customers What is PRS?

3. Division Administration Jaya Zyman, P.E., Division Director Registration & Reporting Section Don Kennedy, Section Manager Occupational Licensing Section Russell Gardner, Section Manager Division Administration Jaya Zyman, P.E. Division Director Registration & Reporting Section Don Kennedy, Section Manager Occupational Licensing Section Russ Gardner, Section Manager PRS Division Organization

4. Over 47,000 active registrations: Industrial Hazardous Waste (IHW) PST registrations and delivery certificates (USTs and ASTs) Dry Cleaners (facilities and drop stations) Municipal Solid Waste (MSW) Over 47,000 active registrations : Industrial Hazardous Waste (IHW) PST registrations and delivery certificates (USTs and ASTs) Dry Cleaners (facilities and drop stations) Municipal Solid Waste (MSW) Registration & Reporting Section

5. Enclosed containers for construction and demolition Medical Waste Used Oil Sludge truck registration stickers TV manufacturers recycling Registration & Reporting Section

6. Issue environmental occupational licenses Review and approve training courses and providers Oversee license examinations Complete job task analysis - to determine valid job content within each occupation Issue environmental occupational licenses Review and approve training courses and providers Oversee license examinations Complete job task analysis - to determine valid job content within each occupation We also regulate licensing of environmental occupations

7. Occupational Licensing Section Activity

8. A total of 55,111 licensed environmental professionals In FY 2015 alone we ▫ Issued 19,458 licenses ▫ Processed 11,682 examinations Job task analysis for each occupation to develop effective examinations and provide a basis for approving licensing courses A total of 55,111 licensed environmental professionals In FY 2015 alone we Issued 19,458 licenses Processed 11,682 examinations Job task analysis for each occupation to develop effective examinations and provide a basis for approving licensing courses. Occupational Licensing Section

9. Training TeamRenewal TeamNew Team Occupational Licensing Section

10. Occupational Licensing Website http://www.tceq.texas.gov/licensing

11. List of Licenses that the TCEQ issues o Backflow Prevention Assembly Tester (BPAT) o Customer Service Inspector (CSI) o Landscape Irrigator, Technician and Inspector o Leaking Petroleum Storage Tank (LPST) Corrective Action Specialist and Project Manager o Municipal Solid Waste (MSW) Operator o On-Site Sewage Systems (OSSFs), Including Septic Tanks o Smoke School: Visible Emissions Evaluators o Stage II Vapor Recovery Facility Representative & Approved Training Providers o Underground Storage Tank Contractors and On-Site Supervisors o Wastewater Operators o Wastewater Collection Operators o Water Operators o Water Treatment Specialist (WTS)

12. Requirements for Obtaining a License Meet education and experience requirements Complete training through TCEQ approved providers Pay the application fee ($111.00) Submit a complete application Clear a criminal background check Pass the corresponding exam (score of >70 percent)

13. Occupational Licensing Exams Paper based Classroom Regional/Central Office Grading/results in 45 days Offered Monthly CBT (Computer Based Testing) Prequalification Testing Center Immediate test results Immediate feedback of weaknesses and strengths Offered Continuously

14. Examinations Can be retaken up to three times within one year of the original exam date After four tries, a new application and fee must be submitted in order to retake the exam.

15. Computer-Based Testing Instant test results Instant re-testing Multiple locations The TCEQ offers Computer-based testing for individuals seeking an Occupational License

16. Computer-Based Testing Applications are pre-approved Valid for one year from approval Receive score and analysis immediately with the ability to re-test if necessary (up to four times per application) Proctored exams with more convenient times and locations Written exams will still be available, but eventually less frequent in some locations to encourage CBT testing

17. License Reciprocity Licenses held in another state may transfer to the State of Texas Issued as a license of reciprocity on a case-by-case basis.

18. License Renewal Additional 3 years Completion continuing education credits, for example 10 hours per year for a total of 30 CEC’s for water & wastewater Submit a complete application Pay renewal fee of $111 Requirements for a License Renewal: Additional 3 years Completion of continuing education credits, for example, 10 hours of per year for a total of 30 CEC’s for water and wastewater Submit a complete application Pay renewal fee of $111 Requirements for a License Renewal:

19. Renewing a License There is a grace period of 30 days past expiration to get application and fee to agency Number of CEUs is based on the number of hours per year the license is valid. For example Water/Wastewater 10 per year = 30 CEUs Renewal reminder is mailed 60 days prior to the license expiration date Renewal reminder is emailed 90 days prior to the license expiration date Renewal reminder is mailed 60 days prior to the license expiration date Number of CEUs is based on the number of hrs per year the license is valid. Example Water/Wastewater = 30 CEUs There is a grace period of 30 days past expiration to get application and fee to agency

20. Training Requirements Regulatory Guidance (RG) 373 is a document will help guide those interested in applying to have their training curriculum reviewed and approved by TCEQ. Delivery methods of training: -Classroom -Conferences -Association Meetings -Distance Training -Correspondence Training -Technology-Based Training

21. What lies ahead for Occupational Licensing in Texas Fee Waiver and deadline extensions for Veterans and spouses Online e-Application for new Licenses Exam revisions/updates More CBT sites Pre-approvals for all applications

22. Criminal History Background Checks Michael Parrish Occupational Licensing Section Permitting and Registration Support Division

23. Criminal History Background Checks To comply with current statute, Occupational Licensing (OLS) expanded our criminal history background process. OLS began to conduct criminal history background checks (CHBC) on all applicants on both new and renewal applications on 8/20/12.

24. Criminal History Background Checks The statutes that are applicable, give us direction in our process. We have used those statutes to try and meet these two goals; 1.Protect the public safety. 2.License all who meet requirements and do not jeopardize the public.

25. License Risk Level Identify what offense, if any, has been committed and what risk that action carries for the public. Assess risk by categorizing the 10 licenses into three risk categories based on possible contact with the public: ◦ High ◦ Medium ◦ Low

26. High Risk: backflow prevention assembly tester Customer service inspector Landscape irrigator On-site sewer facility Water treatment specialist Medium Risk: Leaking petroleum storage tank Underground storage tank Low Risk: Municipal Solid Waste Water Waste water Licenses by risk level High Risk Backflow Prevention Assembly Tester Customer Service Inspector Landscape Irrigator On-Site Sewer Facility Water Treatment Specialist Medium Risk Leaking Petroleum Storage Tank Underground Storage Tank Low Municipal Solid Waste Water Waste Water

27. TAC 30.33 30.33: general background for what we must consider and evaluate. Specifically; 1.An offense that directly relates to the duties and responsibilities of the licensed occupation; (example: fraud/theft connected to business) 2.An offense that does not directly relate to the license but it was committed < 5 years before the application for a license is submitted.

28. TAC 30.33 cont. 3. An offense listed in CCP 42.12 (sample) Murder Capital murder Indecency with a child Aggravated kidnapping Aggravated robbery 4. A sexually violent offense, identified in CCP 62.001 Quite a list of offenses and other sections of the CCP to reference. Mostly related to sexual assault.

29. The Current Process Application for new or renewing license received with the new Criminal History form completed by the applicant. As part of review, OLS conducts a CHBC via DPS. If a conviction is found or is reported on the form by the applicant that corresponds to the list, the evaluation committee reviews for possible action.

30. Executive Review Committee (ERC) currently consists of PRS Director, OL manager, Special Assistants, and a TCEQ attorney. Decisions of ERC are approved by higher level management if detrimental to the applicant or potentially unsafe for public. Decision’s include: ▫ Approve ▫ Deny ▫ Revoke ▫ Suspend The Current Process cont. Executive Review Committee (ERC) currently consists of PRS Director, OL manager, Special Assistants, and a TCEQ attorney. Decisions of ERC are approved by higher level management if detrimental to the applicant or potentially unsafe for public. Decision’s include: Approve Deny Revoke Suspend

31. The Current Process cont. Licensee to be notified of decision if adverse to licensee to allow for due process. (If not adverse application is returned to staff for processing.) Licensee enters into current SOAH process that handles all denial, revocation, or suspension hearings and provides for licensee to present their case. Licensee to be notified of decision if adverse to licensee to allow for due process. (If not adverse application is returned to staff for processing.)

32. Criminal History Review Request o Requesting a criminal history evaluation review. Evaluation form is available to submit criminal history. A potential licensee (currently holds no licenses) may ask for evaluations prior to submitting an application. Currently, no cost to this based on limited number of evaluation requests.

33. Current Status From August 2012 to December 2015: CHBC conducted ▫ 76113 Number referred to ERC ▫ 5449 Number referred to action ▫ 42 76113 CHBC conducted 5449 Number referred to ERC 42 Number referred to action From August 2012 to December 2015:

34. FAQ o Why can’t TCEQ staff give me an idea of my situation over the phone? Incomplete and unsubstantiated information therefore any phone response would be suspect. Non-verified individual over the phone.

35. o Why can’t you tell me exactly what is missing from my submitted criminal history? The criminal history we are looking at is confidential. It can’t be shared with anyone over the phone because we cannot verify who is one the phone with us. FAQ cont.

36. o Why can’t my Concealed Handgun License (CHL) count for my background check? The CHBC is time sensitive. A CHL done 6 months earlier is too old and may not be accurate any longer. DPS invalidates CHBC every 7 days. Also, we consider different convictions for eligibility than the CHL.

37. FAQ cont. o My city/company does CHBC at the point of hire. Why isn’t that acceptable? The statute requires the TCEQ to conduct this check. Additionally, the TCEQ and your city/company may have different standards.

38. FAQ cont. o Do you really have to have my complete criminal history to the dawn of time? Yes. Some convictions require evaluation regardless of when committed. Some histories, as a whole, need evaluation where just a single conviction may not. Seeing when all convictions occurred can be beneficial for the applicant. A series of convictions close in time but in the distant past is less troubling than one conviction last week.

39. Occupational Licensing Website http://www.tceq.texas.gov/licensing Occupational Licensing Website

40. QUESTIONS? Jaya Zyman, P.E., Director Permitting & Registration Support Division 512-239-2012 jaya.zyman@tceq.texas.gov Michael Parrish Occupational Licensing Section 512-239-2548 michael.parrish@tceq.texas.gov