ACG S.B. 1588 75(R)BILL ANALYSIS


ENVIRONMENTAL REGULATION
S.B. 1588
By: Haywood (Allen)
5-13-97
Committee Report (Unamended)


BACKGROUND 

Currently, the Waste Reduction Policy Act of 1991 does not apply 
to any energy production facility 
regulated by the Railroad Commission of Texas.  The U.S. 
Environmental Protection Agency has 
proposed adding electric utilities to the list of facilities 
subject to Section 313, Title III, Superfund 
Amendments and Reauthorization Act of 1986.  If that occurs, 
state law would require these facilities 
to prepare a source reduction and waste minimization plan whether 
they are generating any 
hazardous waste or not.  These plans would be in addition to the 
federal planning requirements under 
Pollution Prevention Act of 1990.  This bill would change certain 
reporting requirements to prevent 
the requirements from being duplicative or redundant of existing 
federal requirements.

PURPOSE

S.B. 1588 sets forth provision relating to source reduction and 
waste minization plans for electrical 
energy production and transmission.

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, Health and Safety Code, to 
provide that except as provided 
by Subsection (b), this subchapter applies to the following 
persons:  facilities, rather than persons, 
subject to Section 313, Title III, Superfund Amendments and 
Reauthorization Act of 1986 (U.S.C. 
Section 11023), excluding Standard Industrial Classification Code 
49, whose releases exceed the 
levels established under Section 361.503(b).  

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.