ACG S.B. 1929 75(R)BILL ANALYSIS ENVIRONMENTAL REGULATION C.S.S.B. 1929 By: Armbrister (Kuempel) 5-9-97 Committee Report (Substituted) BACKGROUND Currently, the Texas Natural Resource Conservation Commission (commission)is responsible for regulating the disposal of solid wastes. This bill will require the TNRCC to adopt rules relating to the disposal of certain solid waste and permits for disposal of that waste. PURPOSE As proposed, C.S.S.B. 1929 requires the commission to adopt rules relating to the disposal of certain solid waste and permits for disposal of that waste. RULEMAKING AUTHORITY Rulemaking authority is granted to the Texas Natural Resource Conservation Commission in SECTION 1of the bill, Section 361.116, Health and Safety Code. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 361, Subchapter C, Health and Safety Code, by adding Section 361.116 which requires the commission to adopt rules regulating the disposal of solid waste generated incidentally by the operation of an injection well permitted for the disposal of waste. Requires the rules to be consistent with federal law and rules of the U.S. Environmental Protection Agency (EPA). SECTION 2. Amends Chapter 361 Subchapter C, Health and Safety Code, by adding Section 361.0895 as follows: Section 361.0895(a) Clarifies that this section applies only to a permitted facility that on September 1, 1997 has not received EPA authorization to inject hazardous waste. Section 361.0895(b) Stipulates that for a permitted hazardous waste disposal facility that is required to obtain separate approval from the EPA before injecting hazardous waste, a state permit or authorization issued to the facility is not subject to cancellation or change because of failure to begin construction or operation before the expiration of a particular period. Additionally the fixed term of such a permit begins on the date the facility first receives solid waste. SECTION 3. Amends Chapter 27, Subchapter D, Water Code, by adding Section 27.0515 as follows: Section 27.0515(a) Section 361.0895(a) Clarifies that this section applies only to a permitted facility that on September 1, 1997 has not received EPA authorization to inject hazardous waste. Section 27.0515(b) Stipulates that for a permitted hazardous waste disposal facility that is required to obtain separate approval from the EPA before injecting hazardous waste, a state permit issued to the facility is not subject to cancellation or change because of failure to begin construction or operation before the expiration of a particular period. Additionally the fixed term of such a permit begins on the date the facility first receives solid waste. SECTION 4. Effective date: September 1, 1997. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTIONS 2 and 3 of the original bill required the commission to, by rule, adopt separate standards for the fixed term of certain permits for solid waste management facilities and for certain injections wells, and for the cancellation or certain other changes in those permits. SECTIONS 2 and 3 of the substitute clarify that the SECTIONS apply only to a permitted facility that on September 1, 1997 has not received EPA authorization to inject hazardous waste. These sections stipulate that for a permitted hazardous waste disposal facility that is required to obtain separate approval from the EPA before injecting hazardous waste, a state permit issued to the facility is not subject to cancellation or change because of failure to begin construction or operation before the expiration of a particular period. Additionally the fixed term of such a permit begins on the date the facility first receives solid waste.