BILL ANALYSIS



H.B. 2015
By: Talton
3-27-95
Committee Report (Unamended)


BACKGROUND
The U.S. Environmental Protection Agency ("EPA") administers the
National Pollutant Discharge Elimination System ("NPDES") permit
program under the federal Water Pollution Control Act ("Clean Water
Act").  NPDES permits are issued to facilities discharging
wastewaters into waters of the United States.  Any Texas city with
a wastewater treatment plant is likely to have an NPDES permit and
most Texas industries, as well as river authorities, prisons and
educational institutions, such as universities, that operate
wastewater treatment plants or systems have NPDES permits. 
(Facilities which dispose of their wastewater by irrigation which
does not enter waters of the U.S. or by deep-well injection are not
covered by the NPDES program).

In addition, Texas has its own permitting program to protect waters
of the State, implemented by the Texas Natural Resources
Conservation Commission ("TNRCC") under the Texas Water Code.  (The
discharge of wastewaters from certain oil and gas operations is
permitted by the Texas Railroad Commission, in accordance with the
water quality laws of this state.)  The result is that currently
many cities, industries, other governmental entities and
institutions must obtain two permits for the same discharge, one
from EPA and one from either the TNRCC or the Railroad Commission.

The Clean Water Act provides that the NPDES program can be
delegated to a State if the meet certain criteria and receives
approval from EPA.  Texas has attempted numerous times to prepare
a package which will meet the requirements for EPA approval and
accomplish delegation of the NPDES program to the TNRCC.

PURPOSE
This bill makes legislative changes necessary to address what EPA
has previously identified as statutory deficiencies in existing
state law.  First, the bill would amend the provisions pertaining
to eligibility for membership as a TNRCC commissioner to comply
with the conflict of interest provisions of the Clean Water Act. 
The bill would "grandfather" commissioners appointed for terms
ending on or before August 31, 2001.  (Because the Railroad
Commissioners are elected officials rather than appointed
officials, no changes will be made to their eligibility
provisions.)

The bill would also amend the enforcement provisions of the Water
Code and those enforcement provisions of the Natural Resources Code
which pertain to the Railroad Commission's authority over certain
wastewater discharges.  The amendments would allow people with
standing to permissively intervene in civil actions brought by the
Attorney General to enforce NPDES permits.  These changes are
necessary to comply with EPA's regulations establishing public
participation requirements for delegation approval.


RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS
SECTION 1:  Amends 5.053 of the Water Code to add as a criterion
for eligibility for membership as a TNRCC commissioner that the
person being considered comply with the applicable conflict of
interest provision of the Clean Water Act.  This expressly applies
only to persons appointed to serve terms which expire after August
31, 2001.

SECTION 2:  Amends 26.0291 of the Water Code to provide that the
TNRCC may not impose an increased fee on a treatment works owned by
a local government before August 31, 1999.

SECTION 3:  Adds 26.134 to the Water Code to allow permissive
intervention in civil actions brought by the Attorney General to
enforce the terms of an NPDES permit or the failure to obtain an
NPDES permit issued by the TNRCC under Chapter 26 of the Water
Code.  Also, in either civil or administrative enforcement actions,
the Attorney General or the TNRCC, as appropriate, must provide
public notice and the opportunity for comment on an agreed final
judgement, consent order, or voluntary settlement order which would
finally dispose of the action.  Public comments on such orders must
be promptly considered by the Attorney General or the TNRCC and the
order may be withheld or withdrawn if the comments disclose
information indicating that the proposed order would be inadequate
to meet the requirements of Chapter 26, Texas Water Code.

SECTION 4:  Amends 81.054 of the Natural Resources Code to allow
permissive intervention in civil actions brought by the Attorney
General alleging a violation of an NPDES permit or the failure to
obtain an NPDES permit issued by the Railroad Commission under
Chapter 91 or Chapter 141 of the Natural Resources Code.

SECTION 5:  Amends 91.003 of the Natural Resources Code to allow
permissive intervention in a civil action brought by the Attorney
General alleging a violation of an NPDES permit or the failure to
obtain an NPDES permit issued under Chapter 91 for discharge of
wastewater from oil and gas exploration and production activities.

SECTION 6: Amends 141.101 of the Natural Resources Code to allow
permissive intervention in a civil action brought by the Attorney
General alleging a violation of an NPDES permit or the failure to
obtain an NPDES permit issued under Chapter 141 for the discharge
of wastewater from geothermal exploration activities.

SECTION 7:  Emergency Clause.



SUMMARY OF COMMITTEE ACTION
H.B.2015 was considered by the committee in a public hearing on
March 27, 1995.
The following persons testified in favor of the bill:
     Mr. Ronald E. Hudson, representing City of Houston;
     Mr. James C. Frank, representing Texas Chemical Council;
     Mr. R. Kinnan Goleman, representing Hoechst Celanese, Exxon
Chemicals, Valero Refining, and other industrial waste discharges;
     Ms. Mary Miksa, representing herself and Texas Association of
Business and Chambers of Commerce;
     Mr. Ken Rigsbee, representing Phillips Petroleum Company;
     Mr. James Terrell, representing Texas Association of Dairymen.
The following persons testified against the bill:  None (0).
The following persons testified on the bill:  None (0).
The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
8 ayes, 0 nays, 0 pnv, 1 absent.