BILL ANALYSIS


                                                    C.S.S.B. 1697
                                                       By: Bivins
                                                Natural Resources
                                                         05-03-95
                                   Committee Report (Substituted)
BACKGROUND

University research departments, medical research facilities, and
some facets of industry have approached companies such as Waste
Control Specialists Inc., about providing a facility to manage
their low-level radioactive waste (LLRW) and mixed waste.  These
institutions require a facility that can package their LLRW before
disposal, and they need research and treatment plants to provide
waste reduction technologies for mixed waste prior to disposal. 
The Texas Low-Level Radioactive Waste Disposal Authority
(authority) will not be providing any of these waste management
services.  Federal and state laws require all LLRW and mixed waste
to go to the authority, but it has decided not to process LLRW or
accept mixed waste.

PURPOSE

As proposed, C.S.S.B. 1697 authorizes the Texas Natural Resource
Conservation Commission to issue a radioactive waste disposal
license for the disposal of mixed waste to a private entity if the
private entity holds a permit to operate a hazardous waste
landfill.  The bill also regulates the type of waste that a license
holder may accept for disposal.

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 401F, Health and Safety Code, by adding
Sections 401.2031, 401.2071, and 401.2072, as follows:

     Sec.  401.2031.  MIXED WASTE DISPOSAL LICENSE.  (a) Authorizes
     the Texas Natural Resource Conservation Commission (TNRCC),
     notwithstanding Section 401.203, to issue a radioactive waste
     disposal license for the disposal of mixed waste to a private
     entity if the private entity holds a permit to operate a
     hazardous waste landfill in certain counties.
     
     (b) Defines "mixed waste."
       
       Sec.  401.2071.  OUT-OF-STATE MIXED WASTE.  (a) Authorizes a
     person who holds a license for processing, storage, or
     disposal of mixed waste from another person to accept mixed
     waste that is generated in another state for storage,
     processing, or disposal in accordance with the applicable
     permit conditions.
     
     (b) Defines "mixed waste."
       
       Sec.  401.2072.  STORAGE OF LOW-LEVEL WASTE.  (a) Authorizes
     a license holder who accepts from another person for storage
     or processing low-level radioactive waste, as that term is
     defined in Section 402.003, generated in this or another
     state, to store the waste until the later of one year after
     the date on which the disposal site opens and begins accepting
     low-level waste for disposal; or one year after the date on
     which the license holder accepts the waste.
     
     SECTION 2.     Amends Section 401.207, Health and Safety Code, to
prohibit a license holder from accepting radioactive waste
generated in another state for disposal, rather than processing or
disposal, under a license issued by TNRCC unless the waste meets
certain criteria.

SECTION 3. Repealer: Section 401.153, Health and Safety Code
(Processing of Out-Of-State Low-Level Radioactive Waste).

SECTION 4. Emergency clause.
           Effective date: upon passage.