JBM C.S.H.B. 1542 75(R)BILL ANALYSIS


NATURAL RESOURCES
C.S.H.B. 1542
By: Counts
3-26-97
Committee Report (Substituted)



BACKGROUND 

Section 26.040 of the Water Code authorizes the TNRCC to regulate by rule
those facilities that discharge small amounts of wastewater.  The rules
are adopted on a statewide basis and remain in effect unless amended or
rescinded by the commission.  Categories of facilities for which
discharges are regulated under the permit-by-rule system are car washes,
cattle trailer washing operations, and petroleum-contaminated groundwater
produced from remediation activities. 

Forty states and the EPA regulate those facilities through general permits
instead of by rule.  H.B. 1542 proposes the use of a general permit
system.  In this system, permits would be issued for five years, and they
could apply statewide or in a particular geographic area.  Further,
dischargers must notify the TNRCC of their intent to use the general
permit.     

PURPOSE

To authorize the TNRCC to establish a general permit for wastewater
discharges that meet certain criteria, replacing the existing
permit-by-rule system. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants new
rulemaking authority to the TNRCC in Section 1 of the bill, proposed
Sections 26.040(b) and 26.040(k) of the Water Code.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 26.040, Water Code, by replacing the existing
section with new subsections (a)-(k) to provide as follows: 

 (a)  Authorizes the TNRCC to issue a general permit for a category of
wastewater discharges in a particular geographical area or statewide if
the dischargers meet five criteria. These criteria include:  (1) being the
same or substantially similar types of operation;  (2) discharge the same
types of waste; (3) be subject to the same effluent limits or operating
conditions; (4) subject to the same or similar monitoring requirements;
and (5) the TNRCC finds that the general permit has been drafted to assure
it can be readily enforced, that the commission can adequately monitor
compliance with the terms of the general permit, and that the category of
discharges covered by the general permit will not include a discharge of
pollutants which will cause significant adverse effects to water quality. 

 (b)  Requires the commission to publish public notice of proposed general
permit in a newspaper in the area affected by the activity that is the
subject of the proposed permit and in the Texas Register.  The notice must
include an invitation for public comments on the proposed permit and shall
be published for at least 30 days before the permit is adopted.  The
commission by rule may require additional notice to be given. 

 (c)  Allows the commission to hold a public meeting for public comment,
with notice of the meeting to be published in the Texas Register required
at least 30 days before the meeting. 

 (d)  Requires the commission to respond in writing to comments on the
general permit  before issuing the permit, with the response provided when
the commission grants or denies the permit.  The response is available to
the public and must be mailed to everyone that commented in writing on the
permit. 

 (e)  Allows a facility that does not have an individual permit to be
included under a general permit by providing the commission with the
facility's written intent to be included under the general permit.  A
general permit shall specify the deadline for submitting and the
information required to be included in the notice of intent.  The facility
may begin to discharge on the 31st day after notifying the commission of
its intent unless the executive director first notifies the facility that
it is not eligible to use the general permit. 

 (f)  Allows the commission to require a discharger using a general permit
to discharge under an individual permit. 

 (g) Establishes the term of a general permit as five years and allows the
permit to be extended for additional terms not to exceed five years each.
Provides that the general permit remains in effect until expiration or
renewal, unless it is amended, revoked, or canceled by the commission. 

 (h)  Allows the commission to add or delete requirements or limitations
to a general permit through a renewal or amendment process.  This section
also requires the commission to allow a discharger covered by a general
permit reasonable time to make the necessary changes to be in compliance
with the additional requirements.   

 (i)  Allows the commission to charge a reasonable and necessary fee on a
discharger covered by a general permit.  

 (j) Exempts the issuance, amendment, renewal, suspension, revocation, or
cancellation of a general permit or authority to discharge under a general
permit from the Administrative Procedures Act (Chapter 2001, Government
Code). 

 (k)  Allows the commission to adopt rules to implement and administer
this section. Removes existing language authorizing the commission to
regulate by rule any category of facility that has a common discharge. 

SECTION 2. (a)  Effective date:  September 1, 1997.
  (b)  Clarifies that rules adopted under Section 26.040 prior to adoption
of this act remain in effect and any change in those rules is subject to
the Administrative Procedures Act (Chapter 2001, Government Code). 

SECTION 3.   Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

(1) In Section 1 of the substitute,  in proposed Section 26.040(a)(5),
Water Code, the commission must find that the general permit has been
drafted to assure that it can be readily enforced and adequately monitored
by the commission and that the category of discharges covered by the
general permit will not include a discharge of pollutants which will cause
significant adverse effects to water quality.  The corresponding provision
in Section 1 of the original provided that the commission only find that
the dischargers in the category are, in the commission's opinion, more
appropriately regulated under a general permit than under individual
permits.   

(2) In Section 1 of the original, in proposed Section 26.040(d), Water
Code, the commission was only required to respond to public comments that
opposed the general permit.  In the corresponding provision in the
substitute, the commission must now respond in writing to all public
comments relating to the issuance of the general permit.   

 (3) In Section 1, proposed Section 26.040(g), Water Code, of both
versions, the language in the substitute clarifies that the commission may
renew the general permit for more than one additional term of five years
or less. 

(4)  In Section 1 of the substitute, proposed subsection (h) of Section
26.040, Water Code, provides the commission may to add or delete
requirements and limitations to a general permit through a renewal or
amendment process, and it requires the commission to allow reasonable time
for dischargers covered by the general permit to make necessary changes to
comply with the additional requirements.  This language was not in the
original version of the measure.