Texas 2009 - 81st Regular

Texas House Bill HB179 Compare Versions

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Old	New	Differences
1	1	81R20310 JAM-D
2	2	By: Creighton, Eissler H.B. No. 179
3	3	Substitute the following for H.B. No. 179:
4	4	By: Miller of Comal C.S.H.B. No. 179
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the application of new requirements for commercial
10	10	underground injection control wells to be adopted by the Texas
11	11	Commission on Environmental Quality.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. (a) As soon as practicable after the effective
14	14	date of this Act, the Texas Commission on Environmental Quality
15	15	shall adopt rules regulating the surface facilities associated with
16	16	new commercial wells that propose to accept nonhazardous industrial
17	17	waste for which a permit has not been issued on or before the
18	18	effective date of this Act. In this section:
19	19	(1) "Commercial well" means a Class I injection well,
20	20	as defined by commission rule, that a person may use to dispose of
21	21	nonhazardous industrial solid wastes for a charge. The term does
22	22	not include:
23	23	(A) an injection well that is part of an
24	24	integrated waste management unit of a captured facility; or
25	25	(B) an injection well at which only waste from
26	26	facilities owned or effectively controlled by the same person is
27	27	disposed.
28	28	(2) "Captured facility" means a manufacturing or
29	29	production facility that generates an industrial solid waste or
30	30	hazardous waste that is routinely stored, processed, or disposed of
31	31	on a shared basis in an integrated waste management unit owned by,
32	32	operated by, and located within a contiguous manufacturing complex.
33	33	(b) The rules adopted under Subsection (a) of this section
34	34	may not apply to an application for a permit for an injection well:
35	35	(1) used solely for the injection of carbon dioxide;
36	36	or
37	37	(2) for which the surface facilities are associated
38	38	with a well for which a permit is issued before the effective date
39	39	of this Act.
40	40	SECTION 2. (a) The Texas Commission on Environmental
41	41	Quality shall suspend the permitting process for any pending
42	42	application for a permit for a new commercial well that proposes to
43	43	accept nonhazardous industrial waste and to which Section 1 of this
44	44	Act applies until the rules adopted under that section take effect.
45	45	(b) The Texas Commission on Environmental Quality shall
46	46	provide that the rules adopted under Section 1 of this Act apply to
47	47	every application for a permit for a new commercial well that
48	48	proposes to accept nonhazardous industrial waste and to which
49	49	Section 1 of this Act applies that is filed on or after the
50	50	effective date of this Act and every application for a permit for a
51	51	new commercial well that proposes to accept nonhazardous industrial
52	52	waste and to which Section 1 of this Act applies that is pending on
53	53	the effective date of this Act.
54	54	(c) The Texas Commission on Environmental Quality may allow
55	55	an applicant who filed such an application that is pending on the
56	56	effective date of this Act to amend the application to conform to
57	57	the rules adopted under Section 1 of this Act.
58	58	SECTION 3. This Act takes effect immediately if it receives
59	59	a vote of two-thirds of all the members elected to each house, as
60	60	provided by Section 39, Article III, Texas Constitution. If this
61	61	Act does not receive the vote necessary for immediate effect, this
62	62	Act takes effect September 1, 2009.