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.