SB 912 New SSO Reporting Rules. Water Environment Association of Texas

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1 SB 912 New SSO Reporting Rules

2 Background WEAT s Mission: To preserve and enhance the water environment through common sense environmental regulation and policy.

3 SSO VERSUS

4 ACCIDENTAL SPILL OF 1000 GALLONS OR LESS

5 SB 912 Relating to a volume-based exemption from reporting requirements for certain accidental discharges or spills from wastewater facilities. by Senator Kevin Eltife (R) SB 912 amends the Texas Water Code and creates a distinction between the reporting requirements related to unauthorized discharges versus unauthorized spills and to alleviate the overly burdensome reporting requirements of TCEQ on utilities in the state of Texas. This bill changes the way in which spills are characterized and reported.

6 SB 912 CUTS COSTS, ENSURES PUBLIC ACCOUNTABILITY, REDUCES BURDEN ON UTILITIES Goals of the legislation: Establish a distinction between the reporting requirements of unauthorized discharges and spills. Create a reporting threshold of nonenvironmentally threatening accidental spills. Those less than 1000 gallons will be summarized on a monthly basis and sent only to the TCEQ.

7 SB 912 CUTS COSTS, ENSURES PUBLIC ANNOUNTABILITY, REDUCES BURDEN ON UTILITIES Goals of the legislation: To alleviate overly burdensome reporting requirements for TCEQ and utilities as well as clarifying reporting requirements To fix an inequity between the reporting requirements of SSOs and unauthorized discharges of hazardous substances

8 Hazardous Substance Reportable Thresholds CHEMICAL RQ VOLUME Acetic acid 5000 pounds % soln. Acetone 5000 pounds % soln. Hydrochloric acid 5000 pounds % soln. Hydrogen chloride 5000 pounds % soln. Phosphoric acid 5000 pounds % soln. Ferric sulfate 1000 pounds 3 50 % soln. Sodium fluoride 1000 pounds % soln. Sulfuric acid 1000 pounds % soln. Formaldehyde 100 pounds % soln. Hydrofluoric acid 100 pounds % soln. Reportable discharge or spill. A reportable discharge or spill is a discharge or spill of oil, petroleum product, used oil, hazardous substances, industrial solid waste, or other substances into the environment in a quantity equal to or greater than the reportable quantity listed in of this title (relating to Reportable Quantities) in any 24-hour period.30 TAC (a)

9 SB 912 CUTS COSTS, ENSURES PUBLIC ANNOUNTABILITY, REDUCES BURDEN ON UTILITIES Prior to this amendment, the Water Code required all wastewater releases to be reported within 24 hours to the TCEQ, without regard to the size or scope of the spill, or its impact on the environment.

10 Scope of Rulemaking 1. the spill volume is 1,000 gallons or less; 2. It is not associated with another accidental discharge or spill 3. It is controlled or removed before entering water in the state; 4. It does not adversely affect a public or private source of drinking water 5. It will not endanger human health or safety of the environment; and 6. It is not otherwise subject to local regulatory control and reporting requirements.

11 New TCEQ Rules: WEAT/TACWA comments Standard volumetric methods for calculating the volume of an accidental discharge or spill (a) Method One: Visual Estimate (b) Method Two: Measured Volume (c) Method Three: Duration and Flow Rate (d) Other Methods: A permittee may use other volumetric calculation methodologies rather than those listed above, provided that such methodology is consistent with standard and accepted industry practices, and such alternative methodologies are identified in the monthly report.

12 WEAT/TACWA Comments TAC (b) states that entities may report a monthly summary (our version was shall ) 2. Required components capture our proposals (location, volume, content, date), as well as a) description of the accidental discharge or spill (not sure this is clear), b) cause of the accidental discharge or spill, c) steps taken to reduce, eliminate, and prevent recurrence of the accidental discharge or spill. 3. Does not dovetail the monthly submittals strictly to the DMR submittals (our suggestion), but instead has a stand-alone requirement to submit by the 20 th day of each month for spills occurring in the prior month. 4. Includes new (fairly benign) requirements in (e) and (f) to keep records and maintain them on-site for three years, and notes (f) that the ED may require more frequent reporting based on compliance.

13 Rulemaking Schedule: Stakeholder Meeting: September 15, 2016 Commissioners Agenda: January 20, 2016 Texas Register pub date: February 5, initiates 30 day public comment period Public Hearing: March 1, 2016 Anticipated Adoption Date: May 11, 2016