86R13221 JAM-D
By: Hughes S.B. No. 1585
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas Commission on Environmental
Quality to issue permits for the discharge into water of this state
of produced water, hydrostatic test water, and gas plant effluent
resulting from certain oil and gas activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.131, Water Code, as effective until
delegation of authority under the Resource Conservation and
Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) to the
Railroad Commission of Texas, is amended by amending Subsections
(a) and (b) and adding Subsection (d) to read as follows:
(a) Except as provided by this section, the [The] Railroad
Commission of Texas is solely responsible for the control and
disposition of waste and the abatement and prevention of pollution
of surface and subsurface water resulting from:
(1) activities associated with the exploration,
development, and production of oil or gas or geothermal resources,
including:
(A) activities associated with the drilling of
injection water source wells which penetrate the base of useable
quality water;
(B) activities associated with the drilling of
cathodic protection holes associated with the cathodic protection
of wells and pipelines subject to the jurisdiction of the Railroad
Commission of Texas;
(C) activities associated with gasoline plants,
natural gas or natural gas liquids processing plants, pressure
maintenance plants, or repressurizing plants;
(D) activities associated with any underground
natural gas storage facility, provided the terms "natural gas" and
"storage facility" shall have the meanings set out in Section
91.173, Natural Resources Code;
(E) activities associated with any underground
hydrocarbon storage facility, provided the terms "hydrocarbons"
and "underground hydrocarbon storage facility" shall have the
meanings set out in Section 91.201, Natural Resources Code; and
(F) activities associated with the storage,
handling, reclamation, gathering, transportation, or distribution
of oil or gas prior to the refining of such oil or prior to the use
of such gas in any manufacturing process or as a residential or
industrial fuel;
(2) except to the extent the activities are regulated
by the Texas Department of Health under Chapter 401, Health and
Safety Code, activities associated with uranium exploration
consisting of the disturbance of the surface or subsurface for the
purpose of or related to determining the location, quantity, or
quality of uranium ore; and
(3) any other activities regulated by the Railroad
Commission of Texas pursuant to Section 91.101, Natural Resources
Code.
(b) Except as provided by Subsection (d), the [The] Railroad
Commission of Texas may issue permits for the discharge of waste
resulting from the [these] activities described by Subsection (a),
and the discharge of waste into water in this state resulting from
those [these] activities must [shall] meet the water quality
standards established by the commission.
(d) The commission may issue permits for the discharge into
water of this state of produced water, hydrostatic test water, and
gas plant effluent resulting from the activities described by
Subsection (a). The discharge of produced water, hydrostatic test
water, and gas plant effluent into water in this state under this
subsection must meet the water quality standards established by the
commission.
SECTION 2. Section 26.131, Water Code, as effective on
delegation of authority under the Resource Conservation and
Recovery Act of 1976 (42 U.S.C. 6901 et seq.) to the Railroad
Commission of Texas, is amended to read as follows:
Sec. 26.131. DUTIES OF RAILROAD COMMISSION. (a) Except as
provided by this section, the [The] Railroad Commission of Texas is
solely responsible for the control and disposition of waste and the
abatement and prevention of pollution of surface and subsurface
water resulting from:
(1) activities associated with the exploration,
development, and production of oil or gas or geothermal resources,
including:
(A) activities associated with the drilling of
injection water source wells which penetrate the base of useable
quality water;
(B) activities associated with the drilling of
cathodic protection holes associated with the cathodic protection
of wells and pipelines subject to the jurisdiction of the Railroad
Commission of Texas;
(C) activities associated with gasoline plants,
natural gas or natural gas liquids processing plants, pressure
maintenance plants, or repressurizing plants;
(D) activities associated with any underground
natural gas storage facility, provided the terms "natural gas" and
"storage facility" shall have the meanings set out in Section
91.173, Natural Resources Code;
(E) activities associated with any underground
hydrocarbon storage facility, provided the terms "hydrocarbons"
and "underground hydrocarbon storage facility" shall have the
meanings set out in Section 91.201, Natural Resources Code; and
(F) activities associated with the storage,
handling, reclamation, gathering, transportation, or distribution
of oil or gas prior to the refining of such oil or prior to the use
of such gas in any manufacturing process or as a residential or
industrial fuel;
(2) except to the extent the activities are regulated
by the Texas Department of Health under Chapter 401, Health and
Safety Code, activities associated with uranium exploration
consisting of the disturbance of the surface or subsurface for the
purpose of or related to determining the location, quantity, or
quality of uranium ore; and
(3) any other activities regulated by the Railroad
Commission of Texas pursuant to Section 91.101, Natural Resources
Code.
(b) Except as provided by Subsection (c), the [The] Railroad
Commission of Texas may issue permits for the discharge of waste
resulting from the [these] activities described by Subsection (a),
and the discharge of waste into water in this state resulting from
those [these] activities must [shall] meet the water quality
standards established by the commission.
(c) The commission may issue permits for the discharge into
water of this state of produced water, hydrostatic test water, and
gas plant effluent resulting from the activities described by
Subsection (a). The discharge of produced water, hydrostatic test
water, and gas plant effluent into water in this state under this
subsection must meet the water quality standards established by the
commission.
SECTION 3. The change in law made by this Act to Section
26.131, Water Code, applies only to an application for an
authorization to discharge produced water, hydrostatic test water,
or gas plant effluent that is filed on or after the effective date
of this Act. An application that is filed before the effective date
of this Act is governed by the law as it existed immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2019.