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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Commission on Environmental |
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Quality to issue permits for the discharge into water in this state |
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of produced water, hydrostatic test water, and gas plant effluent |
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resulting from certain oil and gas activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.131, Water Code, as effective until |
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delegation of authority under the Resource Conservation and |
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Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) to the |
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Railroad Commission of Texas, is amended by amending Subsections |
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(a) and (b) and adding Subsection (d) to read as follows: |
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(a) Except as provided by this section, the [The] Railroad |
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Commission of Texas is solely responsible for the control and |
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disposition of waste and the abatement and prevention of pollution |
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of surface and subsurface water resulting from: |
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(1) activities associated with the exploration, |
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development, and production of oil or gas or geothermal resources, |
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including: |
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(A) activities associated with the drilling of |
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injection water source wells which penetrate the base of useable |
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quality water; |
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(B) activities associated with the drilling of |
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cathodic protection holes associated with the cathodic protection |
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of wells and pipelines subject to the jurisdiction of the Railroad |
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Commission of Texas; |
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(C) activities associated with gasoline plants, |
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natural gas or natural gas liquids processing plants, pressure |
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maintenance plants, or repressurizing plants; |
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(D) activities associated with any underground |
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natural gas storage facility, provided the terms "natural gas" and |
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"storage facility" shall have the meanings set out in Section |
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91.173, Natural Resources Code; |
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(E) activities associated with any underground |
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hydrocarbon storage facility, provided the terms "hydrocarbons" |
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and "underground hydrocarbon storage facility" shall have the |
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meanings set out in Section 91.201, Natural Resources Code; and |
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(F) activities associated with the storage, |
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handling, reclamation, gathering, transportation, or distribution |
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of oil or gas prior to the refining of such oil or prior to the use |
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of such gas in any manufacturing process or as a residential or |
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industrial fuel; |
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(2) except to the extent the activities are regulated |
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by the Texas Department of Health under Chapter 401, Health and |
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Safety Code, activities associated with uranium exploration |
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consisting of the disturbance of the surface or subsurface for the |
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purpose of or related to determining the location, quantity, or |
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quality of uranium ore; and |
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(3) any other activities regulated by the Railroad |
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Commission of Texas pursuant to Section 91.101, Natural Resources |
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Code. |
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(b) Except as provided by Subsection (d), the [The] Railroad |
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Commission of Texas may issue permits for the discharge of waste |
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resulting from the [these] activities described by Subsection (a), |
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and the discharge of waste into water in this state resulting from |
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those [these] activities must [shall] meet the water quality |
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standards established by the commission. |
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(d) The commission may issue permits for the discharge into |
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water in this state of produced water, hydrostatic test water, and |
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gas plant effluent resulting from the activities described by |
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Subsection (a) on delegation to the commission of NPDES authority |
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for those discharges. The discharge of produced water, hydrostatic |
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test water, and gas plant effluent into water in this state under |
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this subsection must meet the water quality standards established |
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by the commission. |
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SECTION 2. Section 26.131, Water Code, as effective on |
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delegation of authority under the Resource Conservation and |
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Recovery Act of 1976 (42 U.S.C. 6901 et seq.) to the Railroad |
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Commission of Texas, is amended to read as follows: |
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Sec. 26.131. DUTIES OF RAILROAD COMMISSION. (a) Except as |
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provided by this section, the [The] Railroad Commission of Texas is |
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solely responsible for the control and disposition of waste and the |
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abatement and prevention of pollution of surface and subsurface |
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water resulting from: |
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(1) activities associated with the exploration, |
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|
development, and production of oil or gas or geothermal resources, |
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|
including: |
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|
(A) activities associated with the drilling of |
|
|
injection water source wells which penetrate the base of useable |
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|
quality water; |
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(B) activities associated with the drilling of |
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cathodic protection holes associated with the cathodic protection |
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of wells and pipelines subject to the jurisdiction of the Railroad |
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Commission of Texas; |
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(C) activities associated with gasoline plants, |
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natural gas or natural gas liquids processing plants, pressure |
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maintenance plants, or repressurizing plants; |
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(D) activities associated with any underground |
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natural gas storage facility, provided the terms "natural gas" and |
|
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"storage facility" shall have the meanings set out in Section |
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91.173, Natural Resources Code; |
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(E) activities associated with any underground |
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|
hydrocarbon storage facility, provided the terms "hydrocarbons" |
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and "underground hydrocarbon storage facility" shall have the |
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|
meanings set out in Section 91.201, Natural Resources Code; and |
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(F) activities associated with the storage, |
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handling, reclamation, gathering, transportation, or distribution |
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of oil or gas prior to the refining of such oil or prior to the use |
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of such gas in any manufacturing process or as a residential or |
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|
industrial fuel; |
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(2) except to the extent the activities are regulated |
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|
by the Texas Department of Health under Chapter 401, Health and |
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|
Safety Code, activities associated with uranium exploration |
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|
consisting of the disturbance of the surface or subsurface for the |
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|
purpose of or related to determining the location, quantity, or |
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quality of uranium ore; and |
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(3) any other activities regulated by the Railroad |
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Commission of Texas pursuant to Section 91.101, Natural Resources |
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Code. |
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(b) Except as provided by Subsection (c), the [The] Railroad |
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Commission of Texas may issue permits for the discharge of waste |
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resulting from the [these] activities described by Subsection (a), |
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and the discharge of waste into water in this state resulting from |
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those [these] activities must [shall] meet the water quality |
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standards established by the commission. |
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(c) The commission may issue permits for the discharge into |
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water in this state of produced water, hydrostatic test water, and |
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gas plant effluent resulting from the activities described by |
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Subsection (a) on delegation to the commission of NPDES authority |
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for those discharges. The discharge of produced water, hydrostatic |
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test water, and gas plant effluent into water in this state under |
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this subsection must meet the water quality standards established |
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by the commission. |
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SECTION 3. (a) In this section: |
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(1) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(2) "NPDES" means National Pollutant Discharge |
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Elimination System. |
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(b) On delegation of NPDES permit authority for discharges |
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of produced water, hydrostatic test water, and gas plant effluent |
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to the commission by the United States Environmental Protection |
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Agency under Section 402(b) of the Federal Water Pollution Control |
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Act (33 U.S.C. Section 1342(b)), the following are transferred from |
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the Railroad Commission of Texas to the commission: |
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(1) the powers, duties, functions, programs, and |
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activities of the Railroad Commission of Texas relating to the |
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regulation of discharges of produced water, hydrostatic test water, |
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and gas plant effluent into water in this state; |
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(2) any obligations and contracts of the Railroad |
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Commission of Texas that are directly related to implementing a |
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power, duty, function, program, or activity transferred under this |
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Act; and |
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(3) all property and records in the custody of the |
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Railroad Commission of Texas that are related to a power, duty, |
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function, program, or activity transferred under this Act and all |
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funds appropriated by the legislature for that power, duty, |
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function, program, or activity. |
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(c) The Railroad Commission of Texas shall continue to carry |
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out its duties related to the regulation of discharges of produced |
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water, hydrostatic test water, and gas plant effluent into water in |
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this state until delegation of NPDES permit authority for |
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discharges of produced water, hydrostatic test water, and gas plant |
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effluent to the commission by the United States Environmental |
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Protection Agency under Section 402(b) of the Federal Water |
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Pollution Control Act (33 U.S.C. Section 1342(b)). |
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(d) The commission may carry out activities to ensure an |
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orderly transfer of the powers, duties, functions, programs, and |
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activities transferred under this Act, including hiring additional |
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employees and amending the memorandum of understanding by mutual |
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agreement with the Railroad Commission of Texas. |
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(e) Not later than September 1, 2020, the commission shall |
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submit to the United States Environmental Protection Agency for |
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approval a request to supplement or amend the Texas Pollutant |
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Discharge Elimination System program to include delegation of NPDES |
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permit authority for discharges of produced water, hydrostatic test |
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water, and gas plant effluent. |
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SECTION 4. The change in law made by this Act to Section |
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26.131, Water Code, applies to an application for an authorization |
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to discharge produced water, hydrostatic test water, or gas plant |
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effluent into water in this state that is pending on or after the |
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effective date of delegation of NPDES permit authority for |
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discharges of produced water, hydrostatic test water, and gas plant |
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effluent to the commission by the United States Environmental |
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Protection Agency under Section 402(b) of the Federal Water |
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Pollution Control Act (33 U.S.C. Section 1342(b)). An application |
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that is granted or denied in a final decision before the effective |
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date of such delegation is governed by the law as it existed |
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immediately before the effective date of such delegation, and that |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |