ACG H.B. 1529 75(R)BILL ANALYSIS


ENVIRONMENTAL REGULATION
C.S.H.B. 1529
By: Kuempel
4-8-97
Committee Report (Substituted)


BACKGROUND 

Industrial facilities generate non-hazardous waste.  To help minimize this
waste and increase recycling opportunities, a company may send the waste
to a centrally located company-owned and operated facility for
consolidation.  Ultimately, the waste is shipped to a permitted site for
final disposal.  The temporary consolidation of nonhazardous waste at a
centrally located facility contributes to significant cost savings for
industry; more importantly, it protects human health and the environment. 

Under current state law and regulations, waste management activities for
industrial non-hazardous waste are more stringent than for some hazardous
waste.  A permit is required even for temporary consolidation and storage
of a generator's own waste if the consolidation point is more than 50
miles away.   This greatly decreases a company's ability to recycle its
nonhazardous waste. 

PURPOSE

HB 1529 clarifies that a generator of industrial nonhazardous waste is not
required to obtain an Industrial and Hazardous Waste permit for the
collection, handling, storage and processing of industrial nonhazardous
waste on land owned or controlled by the generator.  This will not impact
municipal waste nor does it affect rules on disposal. 

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.  Amends Chapter 361, Section 361.090, Health and Safety Code:
The Texas Natural Resource Conservation Commission may not require a
permit in two cases: (1) collection, handling, processing or storage of
industrial solid waste within the boundaries of land owned or controlled
by the plant or operation and (2) disposal of industrial solid waste on
land owned or controlled by the plant or operation that is the source and
located within 50 miles of the plant or operation. 

SECTION 2.  Effective date:  September 1, 1997.

SECTION 3.  Emergency clause.  


COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute is a Legislative Council draft whereas the
original is not, and the substitute changes "and" to "or" in Section
361.090(a).