ACG H.B. 2604 75(R)BILL ANALYSIS


ENVIRONMENTAL REGULATION
H.B. 2604
By: Allen
4-15-97
Committee Report (Unamended)



BACKGROUND 

At the time of passage of the Waste Reduction Policy Act of 1991 (Senate
Bill 1099) it did not apply nor was it intended to apply to small
facilities at electric utilities with either small quantities of hazardous
waste or no hazardous waste at all.  In fact, the subchapter does not
apply to any energy production facility regulated by the Railroad
Commission of Texas. 

The U. S. Environmental Protection Agency (EPA) has proposed adding
electric utilities to the list of facilities subject to Section 313 Title
III, Superfund Amendments and Reauthorization Act of 1986 (Section 313).
If that happens, it will trigger a part of the state law which will
immediately draw these small facilities into the state requirement to
prepare a source reduction and waste minimization plan even though they
may not generate any hazardous waste.  These plans will be in addition to
the federal planning requirements under the Pollution Prevention Act of
1990. 

PURPOSE

HB 2604 will change certain  reporting requirements so that they are not
duplicative or redundant of  existing federal requirements.  These changes
will not affect delegation of any federal program nor do they affect
federal reporting under Section 313. 

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 Section 361.504 (a)(3), Health and Safety Code, to
exclude a facility with a standard classification code of 49 from this
Subchapter. 
 
SECTION 2. Effective date: September 1, 1997.

SECTION 3.  Emergency clause.