By Jones of Dallas                              H.B. No. 1007

      75R4915 MI-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of commercial burning of hazardous waste

 1-3     by cement kilns.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter C, Chapter 361, Health and Safety

 1-6     Code, is amended by adding Section 361.1025 to read as follows:

 1-7           Sec. 361.1025.  PERMIT AND STANDARDS FOR  COMMERCIAL BURNING

 1-8     OF HAZARDOUS WASTE BY CEMENT KILNS.  The commission:

 1-9                 (1)  by rule shall require a cement kiln that

1-10     commercially burns hazardous waste to meet the same permit

1-11     requirements as a commercial hazardous waste management facility

1-12     that burns hazardous waste, including requirements relating to:

1-13                       (A)  using up-to-date control technology for all

1-14     emissions;

1-15                       (B)  waste acceptance procedures;

1-16                       (C)  disposal of waste residues after thermal

1-17     treatment; and

1-18                       (D)  labeling of products containing hazardous

1-19     waste residues; and

1-20                 (2)  shall monitor a cement kiln that commercially

1-21     burns hazardous waste under the same standards that the commission

1-22     applies in monitoring a commercial hazardous waste management

1-23     facility that burns hazardous waste.

1-24           SECTION 2.  (a)  This Act takes effect September 1, 1997.

 2-1           (b)  Section 362.1025, Health and Safety Code, as added by

 2-2     this Act, applies to:

 2-3                 (1)  an application for a permit that is:

 2-4                       (A)  pending before the Texas Natural Resource

 2-5     Conservation Commission on September 1, 1997; or

 2-6                       (B)  filed with the Texas Natural Resource

 2-7     Conservation Commission on or after September 1, 1997; and

 2-8                 (2)  effective September 1, 1998, a person who holds a

 2-9     permit issued by the Texas Natural Resource Conservation Commission

2-10     before September 1, 1997.

2-11           SECTION 3.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended.