SRC-CDH, CDH, SLL C.S.S.B. 1436 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1436
By: Wentworth
Natural Resources
4-24-97
Committee Report (Substituted)


DIGEST 

Currently, minor wastewater sources are permitted by rule.  Use of general
permits is intended to replace the permit-by-rule system.  General permits
are used in 40 other states and by the Environmental Protection Agency.  A
general permit is expected to be put in place faster than a
permit-by-rule, and may be amended more easily.  General permits will use
performance standards to establish requirements for construction,
operation, or management, similar to the current permitby-rule system.
This bill will provide authorization to the Texas Natural Resource
Conservation Commission to issue general permits for the discharge of
waste into or adjacent to water in the state. 

PURPOSE

As proposed, C.S.S.B. 1436 provides authorization to the Texas Natural
Resource Conservation Commission to issue general permits for the
discharge of waste into or adjacent to water in the state. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Natural Resource Conservation
Commission in SECTION 1 (Section 26.040(k), Water Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 26.040, Water Code, as follows:

Sec.  26.040.  New heading: GENERAL PERMITS.  Authorizes the Texas Natural
Resource Conservation Commission (TNRCC) to issue a general permit to
authorize the discharge of waste into or adjacent to waters in the state
by category of dischargers in a particular geographical area of the state
or in the entire state if the dischargers in the category meet certain
criteria.  Sets forth regulations for issuance of a general permit.
Authorizes TNRCC to adopt rules as necessary to implement and administer
this section.  Deletes existing text regarding the quality of water in
certain areas and discharges of waste. 

SECTION 2. (a) Effective date: September 1, 1997.

(b)  Sets forth regulations regarding rules adopted by TNRCC under Section
26.040, Water Code, as authorized by that section before the effective
date of this Act. 

SECTION 3. Emergency clause. 

SUMMARY OF COMMITTEE CHANGES

 SECTION 1.

Amends Section 26.040, Water Code, to change the terms by which TNRCC is
authorized to issue a general permit.  Sets forth the procedure by which
TNRCC is required to respond in writing to comments on permits, rather
than to comments opposing permits.  Authorizes a general permit to be
amended, revoked, canceled, or renewed by TNRCC for an additional term or
terms not to exceed five years each, rather than for an  additional term
not to exceed five years.  Authorizes TNRCC to add or delete requirements
or limitations to the permit  through a renewal or amendment process, and
requires TNRCC to allow a discharger covered by the general permit to make
the changes necessary to comply with the additional requirements.