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.