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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of rules by the Texas Commission on |
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Environmental Quality regarding the discharge into water in this |
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state of produced water resulting from certain oil and gas |
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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 Subsection (d) |
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and adding Subsection (e) to read as follows: |
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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, including the standards established under |
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Subsection (e). |
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(e) The commission shall adopt rules governing the |
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discharge, handling, treatment, and disposition of produced water |
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resulting from the activities described by Subsection (a). Rules |
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adopted under this section must: |
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(1) be based on the best available science and |
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technology; |
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(2) impose standards that exceed the minimum standards |
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established by 40 C.F.R. Parts 435 and 437, as those provisions |
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existed on January 15, 2021; |
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(3) prohibit a discharge of untreated produced water |
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into water in this state; |
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(4) prohibit a discharge of treated produced water |
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into water in this state unless the commission determines that the |
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discharge will not result in water pollution, including a violation |
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of anti-degradation standards; |
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(5) prohibit a discharge of treated produced water to |
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impaired state waters, unless advanced and secondary treatment |
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standards can be implemented that will prevent further degradation |
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of the impaired water; |
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(6) require a person who proposes to discharge treated |
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produced water, or to treat produced water for activities unrelated |
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to oil or gas operations, to provide to the commission for public |
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disclosure the water contaminants in the untreated produced water, |
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including constituents added for oil or gas drilling or production; |
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and |
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(7) require a thorough characterization of all |
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contaminants present in the produced water, including the |
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contaminants' toxicity, mobility, radioactivity, and propensity to |
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bioaccumulate. |
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SECTION 2. Section 26.131, Water Code, as effective upon |
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|
delegation of authority under the Resource Conservation and |
|
|
Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) to the |
|
|
Railroad Commission of Texas, is amended by amending Subsection (c) |
|
|
and adding Subsection (d) to read as follows: |
|
|
(c) The commission may issue permits for the discharge into |
|
|
water in this state of produced water, hydrostatic test water, and |
|
|
gas plant effluent resulting from the activities described by |
|
|
Subsection (a) on delegation to the commission of NPDES authority |
|
|
for those discharges. The discharge of produced water, hydrostatic |
|
|
test water, and gas plant effluent into water in this state under |
|
|
this subsection must meet the water quality standards established |
|
|
by the commission, including the standards established under |
|
|
Subsection (d). |
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|
(d) The commission shall adopt rules governing the |
|
|
discharge, handling, treatment, and disposition of produced water |
|
|
resulting from the activities described by Subsection (a). Rules |
|
|
adopted under this section must: |
|
|
(1) be based on the best available science and |
|
|
technology; |
|
|
(2) impose standards that exceed the minimum standards |
|
|
established by 40 C.F.R. Parts 435 and 437, as those provisions |
|
|
existed on January 15, 2021; |
|
|
(3) prohibit a discharge of untreated produced water |
|
|
into water in this state; |
|
|
(4) prohibit a discharge of treated produced water |
|
|
into water in this state unless the commission determines that the |
|
|
discharge will not result in water pollution, including a violation |
|
|
of anti-degradation standards; |
|
|
(5) prohibit a discharge of treated produced water to |
|
|
impaired state waters, unless advanced and secondary treatment |
|
|
standards can be implemented that will prevent further degradation |
|
|
of the impaired water; |
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|
(6) require a person who proposes to discharge treated |
|
|
produced water, or to treat produced water for activities unrelated |
|
|
to oil or gas operations, to provide to the commission for public |
|
|
disclosure the water contaminants in the untreated produced water, |
|
|
including constituents added for oil or gas drilling or production; |
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|
and |
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|
(7) require a thorough characterization of all |
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|
contaminants present in the produced water, including the |
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contaminants' toxicity, mobility, radioactivity, and propensity to |
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bioaccumulate. |
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SECTION 3. (a) Not later than September 1, 2022, the |
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commission shall adopt rules required by Section 26.131, Water |
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Code, as amended by this Act. |
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(b) Rules adopted under Section 26.131, Water Code, as |
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amended by this Act, become effective on the effective date of |
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delegation of National Pollutant Discharge Elimination System |
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permit authority for discharges of produced water to the Texas |
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Commission on Environmental Quality by the United States |
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Environmental Protection Agency under Section 402(b) of the Federal |
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Water Pollution Control Act (33 U.S.C. Section 1342(b)). |
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SECTION 4. This Act takes effect September 1, 2021. |