BILL ANALYSIS



H.B. 2349
By: Kuempel
4-4-95
Committee Report (Amended)


BACKGROUND

     The House Committee on Environmental Regulation, 73rd
Legislature, recommended that since federal landfill regulations
sufficiently protect public health and the environment, state
regulations should not exceed any federal requirements.
     The Texas Natural Resource Conservation Commission's (TNRCC)
interpretations of new federal landfill requirements sometimes
differ from the landfill owner's interpretations of the same body
of law.  The U.S. Environmental Protection Agency (EPA) often
delays or refuses to provide definitive answers to questions of
interpretation, leaving a dispute as to the actual requirements.


PURPOSE

To prohibit any landfill regulations more stringent than federal
thresholds.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.


SECTION BY SECTION ANALYSIS

SECTION 1.  Adds Sections 361.040 and 361.041 to Subchapter B,
Chapter 361, Health and Safety Code as follows:

     Sec. 361.040.  FEDERAL STANDARDS FOR SANITARY LANDFILLS. 
Prohibits the TNRCC from imposing any landfill requirements more
stringent than EPA regulations or the federal Solid Waste Disposal
Act; requires the TNRCC to allow maximum flexibility permissible
under federal alternative design criteria.

     Sec. 361.041.  REVIEW OF SANITARY LANDFILL STANDARDS.  (a) 
Allows a landfill owner to request to the executive director of the
TNRCC to review any TNRCC landfill regulations that the owner
believes exceeds federal requirements; the request must state the
owner's interpretation of the federal requirement in question.
     (b)  Requires the executive director of the TNRCC to review a
landfill owners request under (a) and issue an opinion on whether
the TNRCC standards are more stringent than federal requirements
before the 31st day when the executive director receives the
request.


SECTION 2.  Amends Section 361.034 (a), Health and Safety Code, by
requiring a statement in the existing reporting requirement to the
governor and the legislature that the TNRCC is not issuing any
landfill regulations exceeding federal thresholds; also requires a
digest of any requests that have been made to interpret whether the
TNRCC requirements exceeded federal thresholds to be included in
the report.




SECTION 3.  Amends Section 363.046, Health and Safety Code, by
requiring the Municipal Solid Waste Management and Resource
Recovery Advisory Council to continually review standards and
requirements to ensure that no state landfill regulations are more
stringent than federal requirements and report to the TNRCC
annually.


SECTION 4.  Requires the Municipal Solid Waste Management and
Resource Recovery Advisory Council to make the first report on
federal landfill requirements no later than September 1, 1996.


SECTION 5.  Emergency clause.

EXPLANATION OF AMENDMENTS

Committee amendment number one inserts an new SECTION 5 which
amends the Texas Health and Safety Code by adding a new section
361.071 which stipulates that an owner or operator of a solid waste
management facility is not required to obtain a permit from any
agency of the state, other than the commission, or any other permit
from the commission other than one issued under this chapter unless
a permit is required by the Railroad Commission under Chapter 27,
Water Code; a permit required by stated parts of the Federal Clean
Air Act; or a permit is required by the Federal Operating Permit
Program as stated.

Committee amendment number one also renumbers the previous SECTION
5 (emergency clause) to SECTION 6.

There were no other amendments.


SUMMARY OF COMMITTEE ACTION

HB 2349 was considered by the House Committee on Environmental
Regulation in a public hearing on April 4, 1995.  The following
persons testified in favor of the bill:
     Gary Walker, landfill manager, representing himself and the
     Sandy Land Water Conservation District.
     Jack C. Carmichael, representing the Texas Chapter of the
     Solid Waste Association of North America.
     Charles Button, representing the National Solid Waste
     Management Association.

The committee considered amendment number 1 to HB 2349.  The
amendment was adopted without objection.  HB 2349 was reported
favorably as amended with the recommendation that it do pass and be
printed, by a record vote of seven (7) ayes, no (0) nays, no (0)
pnv, and two (2) absent.