Texas 2019 - 86th Regular

Texas Senate Bill SB1585 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R13221 JAM-D
1	2		By: Hughes S.B. No. 1585
2		-	(In the Senate - Filed March 5, 2019; March 14, 2019, read
3		-	first time and referred to Committee on Natural Resources &
4		-	Economic Development; April 15, 2019, reported adversely, with
5		-	favorable Committee Substitute by the following vote: Yeas 7,
6		-	Nays 2; April 15, 2019, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1585 By: Rodríguez
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the authority of the Texas Commission on Environmental
14		-	Quality to issue permits for the discharge into water in this state
	8	+	Quality to issue permits for the discharge into water of this state
15	9		of produced water, hydrostatic test water, and gas plant effluent
16	10		resulting from certain oil and gas activities.
17	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	12		SECTION 1. Section 26.131, Water Code, as effective until
19	13		delegation of authority under the Resource Conservation and
20	14		Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) to the
21	15		Railroad Commission of Texas, is amended by amending Subsections
22	16		(a) and (b) and adding Subsection (d) to read as follows:
23	17		(a) Except as provided by this section, the [The] Railroad
24	18		Commission of Texas is solely responsible for the control and
25	19		disposition of waste and the abatement and prevention of pollution
26	20		of surface and subsurface water resulting from:
27	21		(1) activities associated with the exploration,
28	22		development, and production of oil or gas or geothermal resources,
29	23		including:
30	24		(A) activities associated with the drilling of
31	25		injection water source wells which penetrate the base of useable
32	26		quality water;
33	27		(B) activities associated with the drilling of
34	28		cathodic protection holes associated with the cathodic protection
35	29		of wells and pipelines subject to the jurisdiction of the Railroad
36	30		Commission of Texas;
37	31		(C) activities associated with gasoline plants,
38	32		natural gas or natural gas liquids processing plants, pressure
39	33		maintenance plants, or repressurizing plants;
40	34		(D) activities associated with any underground
41	35		natural gas storage facility, provided the terms "natural gas" and
42	36		"storage facility" shall have the meanings set out in Section
43	37		91.173, Natural Resources Code;
44	38		(E) activities associated with any underground
45	39		hydrocarbon storage facility, provided the terms "hydrocarbons"
46	40		and "underground hydrocarbon storage facility" shall have the
47	41		meanings set out in Section 91.201, Natural Resources Code; and
48	42		(F) activities associated with the storage,
49	43		handling, reclamation, gathering, transportation, or distribution
50	44		of oil or gas prior to the refining of such oil or prior to the use
51	45		of such gas in any manufacturing process or as a residential or
52	46		industrial fuel;
53	47		(2) except to the extent the activities are regulated
54	48		by the Texas Department of Health under Chapter 401, Health and
55	49		Safety Code, activities associated with uranium exploration
56	50		consisting of the disturbance of the surface or subsurface for the
57	51		purpose of or related to determining the location, quantity, or
58	52		quality of uranium ore; and
59	53		(3) any other activities regulated by the Railroad
60	54		Commission of Texas pursuant to Section 91.101, Natural Resources
61	55		Code.
62	56		(b) Except as provided by Subsection (d), the [The] Railroad
63	57		Commission of Texas may issue permits for the discharge of waste
64	58		resulting from the [these] activities described by Subsection (a),
65	59		and the discharge of waste into water in this state resulting from
66	60		those [these] activities must [shall] meet the water quality
67	61		standards established by the commission.
68	62		(d) The commission may issue permits for the discharge into
69		-	water in this state of produced water, hydrostatic test water, and
	63	+	water of this state of produced water, hydrostatic test water, and
70	64		gas plant effluent resulting from the activities described by
71		-	Subsection (a) on delegation to the commission of NPDES authority
72		-	for those discharges. The discharge of produced water, hydrostatic
73		-	test water, and gas plant effluent into water in this state under
74		-	this subsection must meet the water quality standards established
75		-	by the commission.
	65	+	Subsection (a). The discharge of produced water, hydrostatic test
	66	+	water, and gas plant effluent into water in this state under this
	67	+	subsection must meet the water quality standards established by the
	68	+	commission.
76	69		SECTION 2. Section 26.131, Water Code, as effective on
77	70		delegation of authority under the Resource Conservation and
78	71		Recovery Act of 1976 (42 U.S.C. 6901 et seq.) to the Railroad
79	72		Commission of Texas, is amended to read as follows:
80	73		Sec. 26.131. DUTIES OF RAILROAD COMMISSION. (a) Except as
81	74		provided by this section, the [The] Railroad Commission of Texas is
82	75		solely responsible for the control and disposition of waste and the
83	76		abatement and prevention of pollution of surface and subsurface
84	77		water resulting from:
85	78		(1) activities associated with the exploration,
86	79		development, and production of oil or gas or geothermal resources,
87	80		including:
88	81		(A) activities associated with the drilling of
89	82		injection water source wells which penetrate the base of useable
90	83		quality water;
91	84		(B) activities associated with the drilling of
92	85		cathodic protection holes associated with the cathodic protection
93	86		of wells and pipelines subject to the jurisdiction of the Railroad
94	87		Commission of Texas;
95	88		(C) activities associated with gasoline plants,
96	89		natural gas or natural gas liquids processing plants, pressure
97	90		maintenance plants, or repressurizing plants;
98	91		(D) activities associated with any underground
99	92		natural gas storage facility, provided the terms "natural gas" and
100	93		"storage facility" shall have the meanings set out in Section
101	94		91.173, Natural Resources Code;
102	95		(E) activities associated with any underground
103	96		hydrocarbon storage facility, provided the terms "hydrocarbons"
104	97		and "underground hydrocarbon storage facility" shall have the
105	98		meanings set out in Section 91.201, Natural Resources Code; and
106	99		(F) activities associated with the storage,
107	100		handling, reclamation, gathering, transportation, or distribution
108	101		of oil or gas prior to the refining of such oil or prior to the use
109	102		of such gas in any manufacturing process or as a residential or
110	103		industrial fuel;
111	104		(2) except to the extent the activities are regulated
112	105		by the Texas Department of Health under Chapter 401, Health and
113	106		Safety Code, activities associated with uranium exploration
114	107		consisting of the disturbance of the surface or subsurface for the
115	108		purpose of or related to determining the location, quantity, or
116	109		quality of uranium ore; and
117	110		(3) any other activities regulated by the Railroad
118	111		Commission of Texas pursuant to Section 91.101, Natural Resources
119	112		Code.
120	113		(b) Except as provided by Subsection (c), the [The] Railroad
121	114		Commission of Texas may issue permits for the discharge of waste
122	115		resulting from the [these] activities described by Subsection (a),
123	116		and the discharge of waste into water in this state resulting from
124	117		those [these] activities must [shall] meet the water quality
125	118		standards established by the commission.
126	119		(c) The commission may issue permits for the discharge into
127		-	water in this state of produced water, hydrostatic test water, and
	120	+	water of this state of produced water, hydrostatic test water, and
128	121		gas plant effluent resulting from the activities described by
129		-	Subsection (a) on delegation to the commission of NPDES authority
130		-	for those discharges. The discharge of produced water, hydrostatic
131		-	test water, and gas plant effluent into water in this state under
132		-	this subsection must meet the water quality standards established
133		-	by the commission.
134		-	SECTION 3. (a) In this section:
135		-	(1) "Commission" means the Texas Commission on
136		-	Environmental Quality.
137		-	(2) "NPDES" means National Pollutant Discharge
138		-	Elimination System.
139		-	(b) On delegation of NPDES permit authority for discharges
140		-	of produced water, hydrostatic test water, and gas plant effluent
141		-	to the commission by the United States Environmental Protection
142		-	Agency under Section 402(b) of the Federal Water Pollution Control
143		-	Act (33 U.S.C. Section 1342(b)), the following are transferred from
144		-	the Railroad Commission of Texas to the commission:
145		-	(1) the powers, duties, functions, programs, and
146		-	activities of the Railroad Commission of Texas relating to the
147		-	regulation of discharges of produced water, hydrostatic test water,
148		-	and gas plant effluent into water in this state;
149		-	(2) any obligations and contracts of the Railroad
150		-	Commission of Texas that are directly related to implementing a
151		-	power, duty, function, program, or activity transferred under this
152		-	Act; and
153		-	(3) all property and records in the custody of the
154		-	Railroad Commission of Texas that are related to a power, duty,
155		-	function, program, or activity transferred under this Act.
156		-	(c) The Railroad Commission of Texas shall continue to carry
157		-	out its duties related to the regulation of discharges of produced
158		-	water, hydrostatic test water, and gas plant effluent into water in
159		-	this state until delegation of NPDES permit authority for
160		-	discharges of produced water, hydrostatic test water, and gas plant
161		-	effluent to the commission by the United States Environmental
162		-	Protection Agency under Section 402(b) of the Federal Water
163		-	Pollution Control Act (33 U.S.C. Section 1342(b)).
164		-	(d) The commission may carry out activities to ensure an
165		-	orderly transfer of the powers, duties, functions, programs, and
166		-	activities transferred under this Act, including hiring additional
167		-	employees and amending the memorandum of understanding by mutual
168		-	agreement with the Railroad Commission of Texas.
169		-	(e) Not later than September 1, 2020, the commission shall
170		-	submit to the United States Environmental Protection Agency for
171		-	approval a request to supplement or amend the Texas Pollutant
172		-	Discharge Elimination System program to include delegation of NPDES
173		-	permit authority for discharges of produced water, hydrostatic test
174		-	water, and gas plant effluent.
175		-	SECTION 4. The change in law made by this Act to Section
176		-	26.131, Water Code, applies to an application for an authorization
177		-	to discharge produced water, hydrostatic test water, or gas plant
178		-	effluent into water in this state that is pending on or after the
179		-	effective date of delegation of NPDES permit authority for
180		-	discharges of produced water, hydrostatic test water, and gas plant
181		-	effluent to the commission by the United States Environmental
182		-	Protection Agency under Section 402(b) of the Federal Water
183		-	Pollution Control Act (33 U.S.C. Section 1342(b)). An application
184		-	that is granted or denied in a final decision before the effective
185		-	date of such delegation is governed by the law as it existed
186		-	immediately before the effective date of such delegation, and that
187		-	law is continued in effect for that purpose.
188		-	SECTION 5. This Act takes effect September 1, 2019.
189		-	* * * * *
	122	+	Subsection (a). The discharge of produced water, hydrostatic test
	123	+	water, and gas plant effluent into water in this state under this
	124	+	subsection must meet the water quality standards established by the
	125	+	commission.
	126	+	SECTION 3. The change in law made by this Act to Section
	127	+	26.131, Water Code, applies only to an application for an
	128	+	authorization to discharge produced water, hydrostatic test water,
	129	+	or gas plant effluent that is filed on or after the effective date
	130	+	of this Act. An application that is filed before the effective date
	131	+	of this Act is governed by the law as it existed immediately before
	132	+	the effective date of this Act, and that law is continued in effect
	133	+	for that purpose.
	134	+	SECTION 4. This Act takes effect September 1, 2019.