| 1 | 1 | | By: Nichols S.B. No. 275 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the application of new requirements for commercial |
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| 7 | 7 | | underground injection control wells to be adopted by the Texas |
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| 8 | 8 | | Commission on Environmental Quality. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. (a) As soon as practicable after the effective |
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| 11 | 11 | | date of this Act, the Texas Commission on Environmental Quality |
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| 12 | 12 | | shall adopt rules regulating the surface facilities associated with |
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| 13 | 13 | | new commercial wells that propose to accept nonhazardous industrial |
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| 14 | 14 | | waste for which a permit has not been issued on or before the |
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| 15 | 15 | | effective date of this Act. In this section: |
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| 16 | 16 | | (1) "Commercial well" means a Class I injection well, |
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| 17 | 17 | | as defined by commission rule, that a person may use to dispose of |
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| 18 | 18 | | hazardous or nonhazardous industrial solid wastes for a charge. |
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| 19 | 19 | | The term does not include: |
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| 20 | 20 | | (A) an injection well that is part of an |
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| 21 | 21 | | integrated waste management unit of a captured facility; or |
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| 22 | 22 | | (B) an injection well at which only waste from |
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| 23 | 23 | | facilities owned or effectively controlled by the same person is |
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| 24 | 24 | | disposed. |
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| 25 | 25 | | (2) "Captured facility" means a manufacturing or |
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| 26 | 26 | | production facility that generates an industrial solid waste or |
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| 27 | 27 | | hazardous waste that is routinely stored, processed, or disposed of |
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| 28 | 28 | | on a shared basis in an integrated waste management unit owned by, |
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| 29 | 29 | | operated by, and located within a contiguous manufacturing complex. |
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| 30 | 30 | | (b) The rules adopted under Subsection (a) of this section |
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| 31 | 31 | | may not apply to an application for a permit for an injection well: |
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| 32 | 32 | | (1) used solely for the sequestration or capture of |
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| 33 | 33 | | carbon dioxide; or |
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| 34 | 34 | | (2) for which the surface facilities are associated |
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| 35 | 35 | | with a well for which a permit is issued before the effective date |
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| 36 | 36 | | of this Act. |
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| 37 | 37 | | SECTION 2. The Texas Commission on Environmental Quality |
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| 38 | 38 | | shall provide that the rules adopted under Section 1 of this Act |
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| 39 | 39 | | apply to every application for a permit for a new commercial |
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| 40 | 40 | | underground injection control well that proposes to accept |
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| 41 | 41 | | industrial or municipal waste that is filed on or after the |
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| 42 | 42 | | effective date of this Act. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2009. |
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