HB 2031 and HB 4097: Marine Seawater Desalination Rulemaking Trade Fair / May 2016 Office of Water Water Availability Division Water Quality Division

Welcome & Introductions

Overview In 2015, during the 84 th Legislative Session, legislators passed House Bill 2031 and House Bill HB 2031  Author: Lucio III | Keffer | Hunter | Miller, Doug | Workman  Sponsor: Hinojosa  Cosponsor: Creighton | Kolkhorst | Zaffirini HB 4097  Author: Hunter | Lozano | Lucio III | Guillen | Herrero  Coauthor: Fallon | Morrison  Sponsor: Kolkhorst  Cosponsor: Creighton

Seawater Desalination (HB 2031, 84th Legislative Session) HB 2031 relates to the diversion, treatment, and use of marine seawater and the discharge of treated marine seawater and waste resulting from the desalination of marine seawater. This bill creates Texas Water Code, Chapter 18, to address marine seawater desalination projects.

Seawater Desalination (HB 4097, 84th Legislative Session) HB 4097 relates to seawater desalination projects. This bill creates Texas Water Code (TWC), Sections and , and amends TWC, Sections and , to address seawater desalination for industrial purposes.

Rulemaking Seawater Desalination HB 2031 and HB 4097 require rule changes to develop an expedited permit process for the diversion of marine seawater. HB 2031 requires an expedited permit process for the discharge of both treated marine seawater and waste resulting from the desalination process. TCEQ will conduct a joint rulemaking to implement these bills.

Rulemaking Schedule Seawater Desalination Backup  April 22, 2016 Proposal at Agenda  May 11, 2016 Public Comment Period  May 27 – June 28, 2016 Rule Public Hearing  June 21, 2016 Adoption at Agenda  October 19, 2016

This is a screenshot of the TCEQ’s home page. To find the rules, go to the agency’s main web page. Look for the Rules link on the left side of the page. Finding the Rule Seawater Desalination ( OW) Look for the link to the Rules page.

Finding the Rule Seawater Desalination ( OW) Look for the link to the Rule Proposals and Adoptions page.

Finding the Rule Seawater Desalination ( OW) Look for the link to the Pending Rule Proposals page.

Finding the Rule Seawater Desalination ( OW) Scroll down to find the rule.

Submitting Comments Seawater Desalination Written comments Kris Hogan, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas Faxed comments (512) Electronic comments File size restrictions may apply All comments should reference Rule Project Number OW. You may obtain copies of the proposed rulemaking at

HB 2031 and HB 4097: Marine Seawater Desalination Rulemaking Chapter 295, Water Rights, Procedural Chapter 297, Water Rights, Substantive Dr. Kathy Alexander Water Availability Division

Water Rights, Procedural Chapter 295 Subchapter G, Desalination, Procedural sets out the requirements for a water right application to divert marine seawater or seawater and a water right application to convey treated marine seawater in the bed and banks of a watercourse. Expedited permitting for administratively complete applications.

Water Rights, Procedural Chapter 295 An application to divert marine seawater or seawater shall include: Amount and purpose of use Evidence related to treatment of the water Water Conservation Plan Water quality data Evidence of consultation

Water Rights, Procedural Chapter 295 An application to convey treated marine seawater shall include: Evidence related to treatment of the water Source, amounts and rate of discharge Conveyance losses Accounting plan

Water Rights, Procedural Chapter 295 HB 2031 requires the Texas Parks and Wildlife Department (TPWD) and the Texas General Land Office (GLO) conduct a study to identify zones in the Gulf of Mexico that are appropriate for the diversion of marine seawater and for the discharge of waste resulting from the desalination of marine seawater. An application shall include evidence of consultation with TPWD and GLO regarding the point or points from which a proposed facility may divert marine seawater or seawater. By September 1, 2020, the TCEQ will adopt rules designating diversion zones.

Water Rights, Substantive Chapter 297 Subchapter K, Desalination, Substantive Includes the approval criteria and technical review for a water right application to divert marine seawater or seawater and to convey treated marine seawater in the bed and banks of a watercourse

HB 2031 and HB 4097: Marine Seawater Desalination Rulemaking Chapter 39, Public Notice Chapter 318, Marine Seawater Desalination Discharges Laurie Fleet Water Quality Division

Marine Seawater Desalination Discharges Chapter 318 Provides an expedited permitting process for marine seawater desalination discharges. Subchapter A: General Requirements Subchapter B: Treated Marine Seawater Discharges Subchapter C: Off-shore Discharges Subchapter D: Near-shore Discharges

Marine Seawater Desalination Discharges Chapter 318 (con’t) Treated Marine Seawater and Off-shore Discharges Streamlined applications Reduced review periods Use of for correspondence Reduced applicant response times

Marine Seawater Desalination Discharges Chapter 318 (con’t) Near-Shore Discharges Governed by TPDES program and EPA Memorandum of Agreement No changes to the permitting process Expedited administrative and technical reviews

Public Notice Chapter 39 Provides an expedited public notice process for treated marine seawater discharges and off-shore discharges. Single web-based notice Shorter public comment period

Public Notice Chapter 39 (con’t) For treated marine seawater discharges the executive director will: review timely public comments; and, develop a response to comments. The public may request a public meeting and/or a contested case hearing on treated marine seawater discharges.

Public Notice Chapter 39 (con’t) For off-shore discharges the executive director will: review timely public comments, and develop a final technical summary instead of a response to comments. There is no opportunity for a public meeting or contested case hearing for off-shore discharges.

Questions ???????????

Contact For questions regarding the diversion of marine seawater (Chapters 295 and 297) Dr. Kathy Alexander 512/ For questions regarding the discharge of treated marine seawater and waste resulting from the desalination process (Chapters 39 and 318) Laurie Fleet 512/