ACG H.B. 2585 75(R)BILL ANALYSIS ENVIRONMENTAL REGULATION C.S.H.B. 2585 By: Kuempel 4-10-97 Committee Report (Substituted) BACKGROUND On October 9, 1991, the United States Environmental Protection Agency (EPA) promulgated the Subtitle D criteria which mandated certain operational, design, groundwater monitoring, closure and post-closure care requirements for municipal solid waste landfills (MSWLF). The criteria were developed to ensure the protection of human health and the environment for all Subtitle D wastes authorized to be disposed in MSWLF. Subtitle D wastes include household waste, commercial solid waste, nonhazardous sludge, small quantity generator hazardous waste and industrial solid waste (40 CFR part 258.1). The TNRCC adopted the federal criteria for Texas landfills which became effective on October 9, 1993. However, the Texas Natural Resource Conservation Commission (commission) unnecessarily retained the state's disposal restriction applicable to certain nonhazardous wastes which were in place prior to Subtitle D's promulgation. The restricted waste streams included Class I nonhazardous industrial waste and certain wastes designated as special wastes under commission rules. The disposal restrictions on these waste streams are no longer necessary for landfills which meet the federal Subtitle D criteria for new MSWLF units as adopted by commission because the rules fully intended these facilities to accept these waste streams. Currently only a few states prohibit the disposal of some nonhazardous wastes in an approved Subtitle D landfill. These restrictions only add to the disposal costs paid by Texas generators because of the limited number of Texas landfills authorized to accept Class I nonhazardous industrial or special wastes. PURPOSE CSHB 2585 directs the commission to amend the state's solid waste disposal regulations to make them consistent with the federal rules published in 40 CFR part 258 with respect to the types of solid waste that can safely be disposed in municipal solid waste landfills. 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, but refers to existing rulemaking authority previously granted to the Texas Natural Resource Conservation Commission in SECTION 1 (Section 361.019(a), Health and Safety Code) and in SECTION 2 of the bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 361, Health and Safety Code: Section 361.019(a) allows a MSWLF to accept waste material authorized by federal regulations for acceptance at a municipal solid waste facility under specified conditions. SECTION 2. Effective date, September 1, 1997; specifies application. SECTION 3. Emergency Clause COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute clarifies that the waste material be authorized by federal regulations for acceptance at a municipal solid waste facility; the waste material may be accepted if the facility is specifically authorized by permit to accept the waste under the substitute, but the original refers to Subtitle D criteria as the standard. The substitute changes the effective date to September 1, 1997 and stipulates application.