1-1 By: Kuempel, Walker (Senate Sponsor - Armbrister) H.B. No. 2349
1-2 (In the Senate - Received from the House May 1, 1995;
1-3 May 2, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 12, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 9, Nays 0; May 12, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Armbrister
1-7 Amend H.B. 2349 as follows
1-8 1) On page 1, line 8, add the following phrase after the
1-9 words "impose a" "construction or operating"
1-10 2) On page 1, line 9, add the following phrase after the
1-11 word "landfill" and before the word "that":
1-12 "which is required by the U. S. Environmental Protection
1-13 Agency to operate in accordance with 40 Code of Federal Regulations
1-14 Part 258."
1-15 COMMITTEE AMENDMENT NO. 2 By: Armbrister
1-16 Amend H.B. 2349 as follows:
1-17 1. Add new SECTION ____, which amends Section 361.088,
1-18 Health and Safety Code, by adding subsection (____) to read as
1-19 follows:
1-20 ( ) Solid waste generated incidental to the operation of
1-21 a permitted commercial hazardous waste disposal well facility,
1-22 including storage and processing residues, laboratory waste, and
1-23 other hazardous and nonhazardous waste streams resulting from
1-24 authorized activities at the facility, may be disposed of in an
1-25 on-site or adjoining landfill if the facility is located in an arid
1-26 county which receives 15 inches or less of average annual
1-27 precipitation and the permittee obtains a permit modification from
1-28 the commission. Compliance with the public meeting, notice, and
1-29 comment requirements of Section 361.0791 and 40 C.F.R. 270.42 shall
1-30 satisfy the public participation requirements of this chapter if
1-31 the facility previously was the subject of a contested case hearing
1-32 at the commission.
1-33 COMMITTEE AMENDMENT NO. 3 By: Armbrister
1-34 Amend page 1, line 18 by adding at the end of the sentence "or as
1-35 required by the commission for remedial activities necessary to
1-36 protect human health, safety and the environment."
1-37 A BILL TO BE ENTITLED
1-38 AN ACT
1-39 relating to the regulation of sanitary landfills.
1-40 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-41 SECTION 1. Subchapter B, Chapter 361, Health and Safety
1-42 Code, is amended by adding Sections 361.040 and 361.041 to read as
1-43 follows:
1-44 Sec. 361.040. FEDERAL STANDARDS FOR SANITARY LANDFILLS. The
1-45 commission may not impose a standard or requirement on a sanitary
1-46 landfill that is more stringent than a standard or requirement
1-47 required by the United States Environmental Protection Agency under
1-48 Subchapter IV, Solid Waste Disposal Act, as amended (42 U.S.C.
1-49 Section 6941 et seq.). The commission may not require the
1-50 installation of a landfill gas collection and control system at a
1-51 sanitary landfill unless a landfill gas collection and control
1-52 system is required to be installed under Subchapter IV, Solid Waste
1-53 Disposal Act, as amended (42 U.S.C. Section 6941 et seq.), or under
1-54 Section 111 or 112 of the federal Clean Air Act, as amended (42
1-55 U.S.C. Section 7401 et seq.). In developing sanitary landfill
1-56 standards or requirements, the commission shall allow the maximum
1-57 flexibility permissible under regulations of the United States
1-58 Environmental Protection Agency for alternative landfill and
1-59 alternative gas collection and control system designs.
1-60 Sec. 361.041. REVIEW OF SANITARY LANDFILL STANDARDS.
1-61 (a) The owner of a sanitary landfill who in good faith believes
1-62 that a standard or requirement the commission imposes on the
1-63 landfill is more stringent than a standard or requirement required
1-64 by the United States Environmental Protection Agency under
1-65 Subchapter IV, Solid Waste Disposal Act, as amended (42 U.S.C.
1-66 Section 6941 et seq.), may submit to the executive director a
1-67 written request for a review of the commission's standard or
1-68 requirement and the federal standard or requirement. The request
2-1 must summarize the owner's interpretation of the federal standard
2-2 or requirement that the owner believes is less stringent than the
2-3 standard or requirement imposed by the commission.
2-4 (b) On receipt of a request for a review under Subsection
2-5 (a), the executive director shall review the commission's standard
2-6 or requirement related to the request and the owner's
2-7 interpretation of the federal standard or requirement. The
2-8 executive director shall issue an opinion on whether the standard
2-9 or requirement at issue is more stringent than the United States
2-10 Environmental Protection Agency standard or requirement before the
2-11 31st day after the executive director receives the request for
2-12 review.
2-13 SECTION 2. Section 361.034(a), Health and Safety Code, is
2-14 amended to read as follows:
2-15 (a) The commission shall submit a report to the presiding
2-16 officers of the legislature and the governor not later than January
2-17 1 of each odd-numbered year. The report must include:
2-18 (1) a summary of a performance report of the imposed
2-19 industrial solid waste and hazardous waste fees authorized under
2-20 Subchapter D and related activities to determine the
2-21 appropriateness of the fee structures;
2-22 (2) an evaluation of progress made in accomplishing
2-23 the state's public policy concerning the preference of waste
2-24 management methods under Section 361.023;
2-25 (3) projections of the volume of waste by type of
2-26 waste, disposition of waste, and remaining capacity or capacity
2-27 used for the treatment and disposal of the waste;
2-28 (4) projections of the availability of adequate
2-29 capacity in this state for the management of all types of hazardous
2-30 waste generated within the state and a report of the amounts,
2-31 types, and sources of hazardous waste imported into and exported
2-32 from the state in the previous year;
2-33 (5) an evaluation of the progress made and activities
2-34 engaged in consistent with the state's municipal solid waste
2-35 management plan, in particular the progress toward meeting the
2-36 waste reduction goal established by Section 361.0201(d);
2-37 (6) an evaluation of the progress made by local
2-38 governments under the solid waste management plans;
2-39 (7) the status of state procurement under Section
2-40 361.426 of products made of recycled materials or that are
2-41 reusable, including documentation of any decision not to purchase
2-42 those products;
2-43 (8) the status of the governmental entity recycling
2-44 program established under Section 361.425, including the status of
2-45 collection and storage procedures and program evaluations required
2-46 by that section;
2-47 (9) the status of the public education program
2-48 described in Section 361.0202; <and>
2-49 (10) recommendations to the governor and to the
2-50 legislature for improving the management of municipal solid waste
2-51 in the state;
2-52 (11) a statement confirming that the commission
2-53 complies with Section 361.040; and
2-54 (12) a digest of requests for review received under
2-55 Section 361.041, identifying the state and federal standards or
2-56 requirements reviewed and summarizing the executive director's
2-57 opinion issued for each request.
2-58 SECTION 3. Section 363.046, Health and Safety Code, is
2-59 amended to read as follows:
2-60 Sec. 363.046. Duties. The advisory council shall:
2-61 (1) review and evaluate the effect of state policies
2-62 and programs on municipal solid waste management;
2-63 (2) make recommendations to the commissioner and the
2-64 board on matters relating to municipal solid waste management;
2-65 (3) recommend legislation to the board to encourage
2-66 the efficient management of municipal solid waste;
2-67 (4) recommend policies to the board for the use,
2-68 allocation, or distribution of the planning fund that include:
2-69 (A) identification of statewide priorities for
2-70 use of funds;
3-1 (B) the manner and form of application for
3-2 financial assistance; and
3-3 (C) criteria, in addition to those prescribed by
3-4 Section 363.093(d), to be evaluated in establishing priorities for
3-5 providing financial assistance to applicants;
3-6 (5) conduct a continuing review of the standards and
3-7 requirements the board imposes on sanitary landfills to ensure that
3-8 the board does not impose a standard or requirement that is more
3-9 stringent than a standard or requirement required by the United
3-10 States Environmental Protection Agency under Subchapter IV, Solid
3-11 Waste Disposal Act, as amended (42 U.S.C. Section 6941 et seq.),
3-12 and shall report its findings to the board on or before September 1
3-13 of each year; and
3-14 (6) <(5)> recommend to the commissioner special
3-15 studies and projects to further the effectiveness of municipal
3-16 solid waste management and resource recovery.
3-17 SECTION 4. The Municipal Solid Waste Management and Resource
3-18 Recovery Advisory Council shall make the first report to the Texas
3-19 Natural Resource Conservation Commission required by
3-20 Section 363.046(5), as added by this Act, not later than September
3-21 1, 1996.
3-22 SECTION 5. Subchapter C, Health and Safety Code, is amended
3-23 by adding Section 361.071 to read as follows:
3-24 Sec. 361.071. PERMITS FROM OTHER AGENCIES. The owner or
3-25 operator of a solid waste management facility is not required to
3-26 obtain a permit from any agency of the state other than the
3-27 commission, or any permit from the commission other than a permit
3-28 issued under this chapter, to store, process, treat, dispose of, or
3-29 destroy solid waste unless:
3-30 (1) a permit is required by the Railroad Commission of
3-31 Texas under Chapter 27, Water Code;
3-32 (2) a permit is required by Part C or D, Title I,
3-33 federal Clean Air Act (42 U.S.C. Sections 7470 et seq. and 7501 et
3-34 seq.), for a major source or a major modification; or
3-35 (3) a permit is required by the federal operating
3-36 permit program pursuant to Section 129(e), Title I, federal Clean
3-37 Air Act (42 U.S.C. Section 7429(e)).
3-38 SECTION 6. The importance of this legislation and the
3-39 crowded condition of the calendars in both houses create an
3-40 emergency and an imperative public necessity that the
3-41 constitutional rule requiring bills to be read on three several
3-42 days in each house be suspended, and this rule is hereby suspended,
3-43 and that this Act take effect and be in force from and after its
3-44 passage, and it is so enacted.
3-45 * * * * *