By Ogden S.B. No. 1338
77R9231 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the Railroad Commission of Texas to
1-3 regulate oil and gas NORM waste.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 401.415, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 401.415. OIL AND GAS NORM WASTE. (a) Notwithstanding
1-8 any other provision of this chapter, the Railroad Commission of
1-9 Texas:
1-10 (1) has sole authority to regulate and issue licenses,
1-11 permits, and orders for the disposal of oil and gas NORM waste; and
1-12 (2) may, in order to protect public health and safety
1-13 and the environment, require the owner or operator of oil and gas
1-14 equipment to:
1-15 (A) determine whether the equipment contains or
1-16 is contaminated with oil and gas NORM waste; and
1-17 (B) notify the railroad commission regarding any
1-18 equipment determined to contain or be contaminated with oil and gas
1-19 NORM waste.
1-20 (b) The Railroad Commission of Texas may adopt any rules
1-21 reasonably necessary to exercise its authority under this section.
1-22 (c) [(b)] The Railroad Commission of Texas may enforce this
1-23 section or any rule, order, license, or permit adopted or issued
1-24 under this section in the manner and subject to the conditions
2-1 provided in Title 3 of the Natural Resources Code, including the
2-2 authority to seek and obtain civil penalties and injunctive relief
2-3 as provided in that title.
2-4 (d) [(c)] The Railroad Commission of Texas shall consult
2-5 with the department and the Texas Natural Resource Conservation
2-6 Commission as appropriate regarding administration of this section.
2-7 (e) [(d)] To ensure that the State of Texas retains its
2-8 Agreement Status with the U.S. Nuclear Regulatory Commission, and
2-9 to ensure that radioactive materials are managed consistently to
2-10 protect the public health and safety and the environment, the
2-11 Railroad Commission of Texas shall issue rules on the management of
2-12 oil and gas NORM waste [by January 1, 1995,] and in so doing shall
2-13 consult with the Texas Natural Resource Conservation Commission and
2-14 the Department of Health regarding protection of the public health
2-15 and the environment. The rules of the railroad commission shall
2-16 provide protection for public health, safety, and the environment
2-17 equivalent to the protection provided by rules applicable to
2-18 disposal of other NORM wastes having similar properties,
2-19 quantities, and distribution, although the approved methods and
2-20 sites for disposing of oil and gas NORM wastes may be different
2-21 from those approved for other NORM wastes.
2-22 SECTION 2. This Act takes effect immediately if it receives
2-23 a vote of two-thirds of all the members elected to each house, as
2-24 provided by Section 39, Article III, Texas Constitution. If this
2-25 Act does not receive the vote necessary for immediate effect, this
2-26 Act takes effect September 1, 2001.