By Giddings H.B. No. 2244
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the burning of hazardous materials.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter C, Chapter 361, Texas Health and
1-5 Safety Code, is amended by adding Section 361.1031 to read as
1-6 follows:
1-7 Sec. 361.1031. REGULATION OF THE BURNING OF HAZARDOUS
1-8 MATERIALS IN INDUSTRIAL FURNACES. (a) In this section:
1-9 (1) "Industrial furnace" means an enclosed device that is an
1-10 integral component of a manufacturing process and that uses
1-11 controlled flame devices to accomplish recovery of materials or
1-12 energy, including but not limited to the following:
1-13 (i) cement kilns;
1-14 (ii) lime kilns;
1-15 (iii) aggregate kilns;
1-16 (iv) phosphate kilns;
1-17 (v) coke ovens;
1-18 (vi) smelting, melting, and refining furnaces (including
1-19 pyrometallurgical devices such as cupolas, reverberator furnaces,
1-20 sintering machines, roasters, and foundry furnaces);
1-21 (vii) titanium dioxide chloride process oxidation reactors;
1-22 (viii) methane reforming furnaces;
1-23 (ix) pulping liquor recovery furnaces;
2-1 (x) combustion devices used in the recovery of sulfur values
2-2 from spent sulfuric acid;
2-3 (xi) such other devices as the Texas Water Commission may by
2-4 rule add to this list on the basis of one or more of the following
2-5 facts:
2-6 (A) the device is designed and used primarily to
2-7 accomplish recovery of material products;
2-8 (B) the device is used to burn or reduce raw materials
2-9 to make a material product;
2-10 (C) the device is used to burn or reduce secondary
2-11 materials as effective substitutes for raw materials, in processes
2-12 using raw materials as principal feedstocks;
2-13 (D) the device is used to burn or reduce secondary
2-14 materials as ingredients in an industrial process to make a
2-15 material product;
2-16 (E) the device is used in common industrial practice
2-17 to produce a material product; and
2-18 (F) other factors, as appropriate.
2-19 (2) "Hazardous materials" means spent solvents, distillation
2-20 bottoms, and hazardous substances as defined in Sec. 361.003 of
2-21 this chapter (as now or hereafter amended) and any other materials
2-22 which due to their ignitability, corrosivity, reactivity or
2-23 toxicity are deemed hazardous by the Texas Water Commission.
2-24 (b) Any industrial furnace issued a permit to burn hazardous
2-25 or toxic waste must meet the same permit conditions issued to
3-1 commercial hazardous waste incinerators by the Texas Air Control
3-2 Board.
3-3 (c) Any industrial furnaces burning hazardous waste as fuel
3-4 must meet all regulatory requirements governing commercial
3-5 hazardous waste incinerators as defined by the Texas Clean Air Act
3-6 and by the Federal Resource Conservation and Recovery Act.
3-7 (d) Any industrial furnace burning hazardous materials must
3-8 dispose of any and all solid waste residues produced while burning
3-9 such waste in a federally licensed Resource Conservation and
3-10 Recovery Act disposal site.
3-11 (e) Any hazardous waste generator contracting for the
3-12 disposal of hazardous waste with an industrial furnace shall report
3-13 the volume and type of waste shipped with the Texas Water
3-14 Commission under the Toxic Release Inventory requirements,
3-15 annually.
3-16 (f) Any product manufactured by the burning of hazardous or
3-17 toxic waste that is later sold, by wholesale or retail sale, must
3-18 provide written notice that reads as follows:
3-19 "WARNING: This product was manufactured by a process
3-20 that burns hazardous wastes. It may contain residues
3-21 of those hazardous wastes. These residues may leach
3-22 out of this product and result in environmental
3-23 contamination. Use at your own risk."
3-24 (g) This warning must be printed in English and Spanish and
3-25 be in a size and type that is clearly legible.
4-1 (h) Industrial furnaces burning hazardous materials as fuel
4-2 must comply with the provisions of this act by January 1, 1994.
4-3 SECTION 2. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three separate
4-7 days in each house be suspended, and this rule is hereby suspended.