BILL ANALYSIS
C.S.H.B. 2015
By: Talton (Patterson)
Natural Resources
05-03-95
Senate Committee Report (Substituted)
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 that operate wastewater treatment plants
or systems have NPDES permits.
In addition, Texas has its own permitting program to protect waters
of the state, implemented by the Texas Natural Resource
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 many cities,
industries, and 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 state meets certain criteria and
receives approval from EPA. Texas has attempted numerous times to
prepare a package to meet the requirements for EPA approval and
accomplish delegation of the NPDES program to TNRCC.
PURPOSE
As proposed, C.S.H.B. 2015 provides statutory changes to obtain
delegation to Texas of the National Pollutant Discharge Elimination
System.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 5C, Water Code, by adding Section 5.053,
as effective upon delegation of the National Pollutant Discharge
Elimination System (NPDES) permit authority, as follows:
Sec. 5.053. ELIGIBILITY FOR MEMBERSHIP. Text of Sec. 5.053
effective upon delegation of NPDES permit authority. (a) Sets
forth provisions under which a person is not eligible to serve
on the commission.
(b) Requires persons who are appointed to serve on the Texas
Water Commission (commission) for terms which expire after
August 31, 2001, in addition to the eligibility requirements
in Subsection (1) of this section, to also comply at the time
of their appointment with the eligibility requirements of 33
U.S.C. Sections 1251-1387, as amended.
SECTION 2. Amends Section 26.017, Water Code, to prohibit the
commission with respect to obtaining or administering the NPDES
program in lieu of the U.S. government, from entering into any
memorandum of agreement or other contractual relationship with or
among state agencies or the U.S. government which imposes any
requirements upon the state other than or more stringent than those
specifically set forth in Section 402(b) of the Federal Water
Pollution Control Act, as amended.
SECTION 3. Amends Section 26.0291, Water Code, as effective upon
delegation of NPDES permit authority, to prohibit the commission
from adopting any rule designed to increase the fee imposed under
this section on a treatment works owned by a local government, as
those terms are defined in Section 26.001 of this code, before
August 31, 1999.
SECTION 4. Amends Chapter 26D, Water Code, by adding Section
26.134, as follows:
Sec. 26.134. INTERVENTION; COMMENTS ON SETTLEMENTS. (a)
Prohibits the attorney general, in a civil action instituted
pursuant to Section 26.123(d) or 26.124 of this chapter
alleging a violation of an NPDES permit or the failure to
obtain an NPDES permit, from opposing intervention by a person
who has standing to intervene, as provided by Rule 60, Texas
Rules of Civil Procedure.
(b)(1) Requires the attorney general or the commission, in
an action identified in Subsection (a) or in an
administrative action instituted under Section 26.136 of
this chapter, before the attorney general in a civil action
or the commission in an administrative action may approve an
agreed final judgment, consent order, voluntary settlement
agreement, or other voluntary agreement that would finally
settle the action against a party, to permit the public to
comment in writing on the proposed judgment or agreement.
(2) Requires notices of the opportunity to comment to be
published no later than 30 days before the public comment
period closes. Requires the attorney general or the
commission to publish a notice in the Texas Register.
(3) Provides that the attorney general or the commission
shall consider any written comments and may withdraw or
withhold consent to the proposed judgment, order, or
agreement if the comments disclose facts or considerations
which the attorney general or commission, as appropriate,
believes indicate that the proposed judgment, order, or
agreement would be inadequate to meet, or inconsistent
with, the requirements of this chapter.
(4) Provides that no further notice of changes to the
proposed judgment, order, or agreement must be published
if those changes arise from comments submitted in response
to the previous notice.
(5) Provides that Subsection (b) of this section applies
only to agreed judgments, consent orders, or voluntary
agreements that would finally dispose of all the remaining
issues involving a party in the civil suit or
administrative action. Provides that this section does not
require public comment on a proposed temporary restraining
order, temporary injunction, emergency order, or other
emergency relief that is not a final judgment or final
order of the court or the commission.
(6) Provides that Chapter 2001, Government Code, does not
apply to public comment under this section.
SECTION 5. Amends Section 81.054, Natural Resources Code, by adding
new Subsection (b), to prohibit the attorney general, if an action
is instituted by the attorney general under this section alleging
a violation of an NPDES permit or the failure to obtain an NPDES
permit under Chapter 91 or Chapter 141 of the Natural Resources
Code, from opposing intervention by a person who has standing to
intervene as provided by Rule 60, Texas Rules of Civil Procedure.
SECTION 6. Amends Section 91.003, Natural Resources Code, to
prohibit the attorney general, if the enforcement authority in
Section 81.054, Natural Resources Code, is used to institute a
civil action alleging a violation of an NPDES permit issued under
this chapter, from opposing intervention by a person who has
standing to intervene as provided by Rule 60, Texas Rules of Civil
Procedure.
SECTION 7. Amends Section 141.101, Natural Resources Code, to
prohibit the attorney general, if the enforcement authority in
Section 81.054, Natural Resources Code, is used to institute a
civil action alleging a violation of an NPDES permit or the failure
to obtain an NPDES permit issued under this chapter, from opposing
intervention by a person who has standing to intervene as provided
by Rule 60, Texas Rules of Civil Procedure.
SECTION 8. Emergency clause.
Effective date: upon passage.