By Callegari H.B. No. 2997
77R6681 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the implementation by the Texas Natural Resource
1-3 Conservation Commission of a program to encourage the use of
1-4 environmental management systems.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended by
1-7 adding Section 5.127 to read as follows:
1-8 Sec. 5.127. ENVIRONMENTAL MANAGEMENT SYSTEMS. (a) In this
1-9 section, "environmental management system" means a documented
1-10 management system to address applicable environmental regulatory
1-11 requirements that includes organizational structure, planning
1-12 activities, responsibilities, practices, procedures, processes, and
1-13 resources for developing, implementing, achieving, reviewing, and
1-14 maintaining an environmental policy directed toward continuous
1-15 improvement.
1-16 (b) The commission by rule shall adopt a comprehensive
1-17 program that provides regulatory incentives to encourage the use of
1-18 environmental management systems by regulated entities, state
1-19 agencies, local governments, and other entities as determined by
1-20 the commission. The incentives may include:
1-21 (1) on-site technical assistance;
1-22 (2) accelerated access to information about programs;
1-23 and
1-24 (3) to the extent consistent with federal
2-1 requirements:
2-2 (A) inclusion of information regarding an
2-3 entity's use of an environmental management system in the entity's
2-4 compliance history and compliance summaries;
2-5 (B) consideration of the entity's implementation
2-6 of an environmental management system in scheduling and conducting
2-7 compliance inspections; and
2-8 (C) expedited processing of permit renewal,
2-9 modification, or amendment, as provided by Section 5.557.
2-10 (c) The rules must provide that an environmental management
2-11 system, at a minimum, must require the entity implementing the
2-12 system to:
2-13 (1) adopt a written environmental policy;
2-14 (2) identify the environmental aspects and impacts of
2-15 the entity's activities;
2-16 (3) set priorities, goals, and targets for continuous
2-17 improvement in environmental performance;
2-18 (4) assign clear responsibilities for implementation,
2-19 training, monitoring, and corrective action;
2-20 (5) document implementation of procedures and results;
2-21 and
2-22 (6) evaluate and refine implementation over time to
2-23 improve attainment of environmental goals and targets and the
2-24 system itself.
2-25 (d) The commission shall:
2-26 (1) integrate the use of environmental management
2-27 systems into its programs, including permitting, compliance
3-1 assistance, and enforcement;
3-2 (2) establish a mechanism to allow for public
3-3 participation;
3-4 (3) develop model environmental management systems for
3-5 small businesses and local governments; and
3-6 (4) establish environmental performance indicators to
3-7 measure the program's performance.
3-8 SECTION 2. Subchapter M, Chapter 5, Water Code, as added by
3-9 Chapter 1350, Acts of the the 76th Legislature, Regular Session,
3-10 1999, is amended by adding Section 5.557 to read as follows:
3-11 Sec. 5.557. PERMIT RENEWAL, MODIFICATION, OR AMENDMENT:
3-12 FACILITY WITH ENVIRONMENTAL MANAGEMENT SYSTEM. A public hearing on
3-13 an application for the renewal, modification, or amendment of any
3-14 permit issued by the commission shall be conducted in the same
3-15 manner as a hearing under Section 382.0561, Health and Safety Code,
3-16 if the executive director finds that the applicant:
3-17 (1) has implemented an environmental management system
3-18 for the facility for which the permit renewal, modification, or
3-19 amendment is sought; and
3-20 (2) has no outstanding significant and unresolved
3-21 violations related to that facility.
3-22 SECTION 3. Section 26.028, Water Code, is amended by adding a
3-23 new Subsection (e) and relettering existing Subsections (e)-(g) as
3-24 Subsections (f)-(h) to read as follows:
3-25 (e) In considering an applicant's compliance history under
3-26 Subsection (d)(4), the commission shall consider as evidence of
3-27 compliance information regarding the applicant's implementation of
4-1 an environmental management system at the facility for which the
4-2 permit, permit amendment, or permit renewal is sought. In this
4-3 subsection, "environmental management system" has the meaning
4-4 assigned by Section 5.127.
4-5 (f) Notice of an application under Subsection (d) shall be
4-6 mailed to the mayor and health authorities for the city or town,
4-7 and the county judge and health authorities for the county in which
4-8 the waste is or will be discharged, at least 10 days before the
4-9 commission meeting, and they may present information to the
4-10 commission on the application.
4-11 (g) [(f)] An application to renew a permit for a confined
4-12 animal feeding operation which was issued between July 1, 1974, and
4-13 December 31, 1977, may be set for consideration and may be acted on
4-14 by the commission at a regular meeting without the necessity of
4-15 holding a public hearing if the applicant does not seek to
4-16 discharge into or adjacent to water in the state and does not seek
4-17 to change materially the pattern or place of disposal.
4-18 (h) [(g)] For the purposes of Subsection (c), the commission
4-19 may act on the application without holding a public hearing if all
4-20 of the following conditions are met:
4-21 (1) not less than 30 days before the date of action on
4-22 the application by the commission, the applicant has published the
4-23 commission's notice of the application at least once in a newspaper
4-24 regularly published or circulated within each county where the
4-25 proposed facility or discharge is located and in each county
4-26 affected by the discharge;
4-27 (2) not less than 30 days before the date of action on
5-1 the application by the commission, the applicant has served or
5-2 mailed the commission's notice of the application to persons who in
5-3 the judgment of the commission may be affected, including the
5-4 county judges as required by Subsection (b) of this section. As
5-5 part of his application the applicant shall submit an affidavit
5-6 which lists the names and addresses of the persons who may be
5-7 affected by the application and includes the source of the list;
5-8 (3) within 30 days after the date of the newspaper
5-9 publication of the commission's notice, neither a commissioner, the
5-10 executive director, nor an affected person who objects to the
5-11 application has requested a public hearing.
5-12 SECTION 4. Section 26.0281, Water Code, is amended to read as
5-13 follows:
5-14 Sec. 26.0281. CONSIDERATION OF PAST PERFORMANCE AND
5-15 COMPLIANCE. In considering the issuance, amendment, or renewal of a
5-16 permit to discharge effluent comprised primarily of sewage or
5-17 municipal waste, the commission shall consider any adjudicated
5-18 decision on or compliance proceeding addressing past performance
5-19 and compliance of the applicant and its operator with the laws of
5-20 this state governing waste discharge, waste treatment, or waste
5-21 disposal facilities and with the terms of any permit or order
5-22 issued by the commission. In considering an applicant's compliance
5-23 history under this subsection, the commission shall consider as
5-24 evidence of compliance information regarding the applicant's
5-25 implementation of an environmental management system at the
5-26 facility for which the permit, permit amendment, or permit renewal
5-27 is sought. In this section, "environmental management system" has
6-1 the meaning assigned by Section 5.127.
6-2 SECTION 5. Section 27.051(e), Water Code, is amended to read
6-3 as follows:
6-4 (e) The commission shall establish a procedure by rule for
6-5 its preparation of compliance summaries relating to the history of
6-6 compliance and noncompliance by the applicant with the rules
6-7 adopted or orders or permits issued by the commission under this
6-8 chapter for any injection well for which a permit has been issued
6-9 under this chapter. A compliance summary must include as evidence
6-10 of compliance information regarding the applicant's implementation
6-11 of an environmental management system at the facility for which an
6-12 authorization is sought. The compliance summaries shall be made
6-13 available to the applicant and any interested person after the
6-14 commission has completed its technical review of the permit
6-15 application and prior to the promulgation of the public notice
6-16 relating to the issuance of the permit. Evidence of compliance or
6-17 noncompliance by an applicant for an injection well for the
6-18 disposal of hazardous waste with the rules adopted or orders or
6-19 permits issued by the commission under this chapter may be offered
6-20 by any party at a hearing on the applicant's application and
6-21 admitted into evidence subject to applicable rules of evidence. All
6-22 evidence admitted, including compliance history, shall be
6-23 considered by the commission in determining whether to issue,
6-24 amend, extend or renew a permit. In this subsection, "environmental
6-25 management system" has the meaning assigned by Section 5.127.
6-26 SECTION 6. Section 361.084(a), Health and Safety Code, is
6-27 amended to read as follows:
7-1 (a) The commission by rule shall establish a procedure to
7-2 prepare compliance summaries relating to the applicant's solid
7-3 waste management activities. A compliance summary shall include as
7-4 evidence of compliance information regarding the applicant's
7-5 implementation of an environmental management system at the
7-6 facility for which the authorization is sought. In this
7-7 subsection, "environmental management system" has the meaning
7-8 assigned by Section 5.127, Water Code.
7-9 SECTION 7. Section 382.0518(c), Health and Safety Code, is
7-10 amended to read as follows:
7-11 (c) In considering the issuance, amendment, or renewal of a
7-12 permit, the commission may consider any adjudicated decision or
7-13 compliance proceeding within the five years before the date on
7-14 which the application was filed that addressed the applicant's past
7-15 performance and compliance with the laws of this state, another
7-16 state, or the United States governing air contaminants or with the
7-17 terms of any permit or order issued by the commission. In
7-18 considering an applicant's compliance history under this
7-19 subsection, the commission shall consider as evidence of compliance
7-20 information regarding the applicant's implementation of an
7-21 environmental management system at the facility for which the
7-22 permit, permit amendment, or permit renewal is sought. In this
7-23 subsection, "environmental management system" has the meaning
7-24 assigned by Section 5.127, Water Code.
7-25 SECTION 8. (a) Not later than December 1, 2001, the Texas
7-26 Natural Resource Conservation Commission shall adopt the rules
7-27 required by Section 5.127, Water Code, as added by this Act.
8-1 (b) The changes in law made by this Act by adding Section
8-2 5.557, Water Code, and by amending Sections 26.028, 26.0281, and
8-3 27.051(e), Water Code, and Sections 361.084(a) and 382.0518(c),
8-4 Health and Safety Code, apply only to an application for a permit,
8-5 permit modification, permit amendment, permit revision, permit
8-6 reopening, or permit renewal that is filed with the Texas Natural
8-7 Resource Conservation Commission on or after the date on which the
8-8 commission publishes in the Texas Register the final rules adopted
8-9 under Section 5.127, Water Code, as added by this Act.
8-10 SECTION 9. This Act takes effect September 1, 2001.