ACG S.B. 1464 75(R)BILL ANALYSIS ENVIRONMENTAL REGULATION C.S.S.B. 1464 By: Brown (Kuempel) 5-6-97 Committee Report (Substituted) BACKGROUND Industrial facilities generate nonhazardous solid 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, and ultimately to a site permitted 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 nonhazardous 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 CSSB 1464 clarifies that a generator of industrial nonhazardous solid 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 solid 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 changes the caption of the original bill and the title of Section 361.090 to reflect the subject of the bill: regulation and permitting of certain industrial solid waste management. The substitute allows the commission to not require a permit in two cases: (1) collection, handling, processing or storage of waste within the boundaries of land owned or controlled by the plant or operation and (2) disposal of waste on land owned or controlled by the operator or owner of the plant or operation that is the source and located within 50 miles of the plant or operation. The engrossed Senate Bill made the section applicable only to industrial solid waste generated in the state.