BILL ANALYSIS


                                                        H.B. 2349
                                         By: Kuempel (Armbrister)
                                                Natural Resources
                                                         05-12-95
                                Senate Committee Report (Amended)
BACKGROUND

The House Committee on Environmental Regulation of the 73rd
Legislature recommended that state regulation of landfills should
not exceed federal landfill regulations that are already sufficient
in protecting the public health and safety.

PURPOSE

As proposed, H.B. 2349 prohibits the Texas Natural Resource
Conservation Commission from imposing any standard or regulation
that is more stringent than one of the federal government.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 361B, Health and Safety Code, by adding
Sections 361.040 and 361.041, as follows:

     Sec.  361.040.  FEDERAL STANDARDS FOR SANITARY LANDFILLS. 
     Prohibits the Texas Natural Resource Conservation Commission
     (commission) from imposing a construction or operating
     standard or requirement on a sanitary landfill which is
     required by the U.S. Environmental Protection Agency (EPA) to
     operate in accordance with 40 Code of Federal Regulations Part
     258 that is more stringent than a standard or requirement
     (standard) of the U.S. EPA.  Prohibits the commission from
     requiring the installation of a landfill gas collection and
     control system (system) at a sanitary landfill unless a system
     is required to be installed under Subchapter IV, Solid Waste
     Disposal Act, or under Section 111 or 112 of the federal Clean
     Air Act, or as required by the commission for remedial
     activities necessary to protect human health, safety, and the
     environment.  Requires the commission, in developing sanitary
     landfill standards, to allow the maximum flexibility
     permissible under regulations of the EPA for alternative
     landfill and system designs.
     
     Sec.  361.041.  REVIEW OF SANITARY LANDFILL STANDARDS.  (a)
     Authorizes the owner of a sanitary landfill who believes that
     a standard the commission imposes is more stringent than a
     standard of the EPA to submit to the executive director of the
     commission (executive director) a written request for a review
     of the commission's standard and the federal standard. 
     Requires the request to summarize the owner's interpretation
     of the federal standard that the owner believes is less
     stringent than the one imposed by the commission.
     
     (b) Requires the commission to review the commission's
       standard related to the request and the owner's
       interpretation of the federal standard.  Requires the
       executive director to issue an opinion on whether the
       standard at issue is more stringent than EPA standard or
       requirement before the 31st day after the executive director
       receives the request for review.
       
       SECTION 2.   Amends Section 361.034(a), Health and Safety Code, to
require the report submitted to the presiding officers of the
legislature and the governor to contain certain information,
including a statement confirming commission compliance with Section
361.040, and a digest of requests for review received under Section
361.041, identifying the state and federal standards reviewed and
summarizing the executive director's opinion issued for each
request.

SECTION 3. Amends Section 363.046, Health and Safety Code, to set
forth requirements of the Municipal Solid Waste Management and
Resource Recovery Advisory Council (council), including conducting
a review of standards the board imposes on sanitary landfills to
ensure that the board does not impose a standard that is more
stringent than standards of the EPA.  Requires the council to
report its findings to the commissions on or before September 1 of
each year.  Redesignates existing Subdivision (5) as Subdivision
(6).

SECTION 4. Requires the council to make the first report to the
commission required by Section 363.046(5), as added by this Act, by
September 1, 1996.

SECTION 5. Amends Subchapter C, Health and Safety Code, by adding
Section 361.071, as follows:

     Sec.  361.071.  PERMITS FROM OTHER AGENCIES.  Provides that
     the owner or operator of a solid waste management facility is
     not required to obtain a permit from any state agency other
     than the commission, or any permit from the commission other
     than a permit issued under this chapter, to store, process,
     treat, dispose of, or destroy solid waste unless certain
     provisions require permits.
     
     SECTION 6.     Amends Section 361.088, Health and Safety Code, by
adding Subsection (e), to authorize solid waste generated
incidental to the operation of a permitted commercial hazardous
waste disposal well facility, including wastes resulting from
authorized activities at the facility, to be disposed of in an on-site or adjoining landfill if the facility is located in an arid
county which annually receives no more than 15 inches of
precipitation and the permittee obtains a permit modification from
the commission.  Requires compliance with the public meeting,
notice, and comment requirements of Section 361.0791 and 40 C.F.R.
270.42 to satisfy the public participation requirements of this
chapter if the facility was previously the subject of a contested
case hearing at the commission.

SECTION 7. Emergency clause.
           Effective date: upon passage.