Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Kuempel                                      H.B. No. 2164

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of sanitary landfills.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter B, Chapter 361, Health and Safety

 1-5     Code, is amended by adding Sections 361.040 and 361.041 to read as

 1-6     follows:

 1-7           Sec. 361.040.  FEDERAL STANDARDS FOR SANITARY LANDFILLS.  The

 1-8     commission may not impose a standard or requirement on a sanitary

 1-9     landfill that is more stringent than a standard or requirement

1-10     required by the United States Environmental Protection Agency under

1-11     Subchapter IV, Solid Waste Disposal Act, as amended (42 U.S.C.

1-12     Section 6941 et seq.).  The commission may not require the

1-13     installation of a landfill gas collection and control system at a

1-14     sanitary landfill unless a landfill gas collection and control

1-15     system is required to be installed under Subchapter IV, Solid Waste

1-16     Disposal Act, as amended (42 U.S.C. Section 6941 et seq.), or under

1-17     Section 111 or 112 of the federal Clean Air Act, as amended (42

1-18     U.S.C.  Section 7401 et seq.).  In developing sanitary landfill

1-19     standards or requirements, the commission shall allow the maximum

1-20     flexibility permissible under regulations of the United States

1-21     Environmental Protection Agency for alternative landfill and

1-22     alternative gas collection and control system designs.

1-23           Sec. 361.041.  REVIEW OF SANITARY LANDFILL STANDARDS.

1-24     (a)  The owner of a sanitary landfill who in good faith believes

 2-1     that a standard or requirement the commission imposes on the

 2-2     landfill is more stringent than a standard or requirement required

 2-3     by the United States Environmental Protection Agency under

 2-4     Subchapter IV, Solid Waste Disposal Act, as amended (42 U.S.C.

 2-5     Section 6941 et seq.), may submit to the executive director a

 2-6     written request for a review of the commission's standard or

 2-7     requirement and the federal standard or requirement.  The request

 2-8     must summarize the owner's interpretation of the federal standard

 2-9     or requirement that the owner believes is less stringent than the

2-10     standard or requirement imposed by the commission.

2-11           (b)  On receipt of a request for a review under Subsection

2-12     (a), the executive director shall review the commission's standard

2-13     or requirement related to the request and the owner's

2-14     interpretation of the federal standard or requirement.  The

2-15     executive director shall issue an opinion on whether the standard

2-16     or requirement at issue is more stringent than the United States

2-17     Environmental Protection Agency standard or requirement before the

2-18     31st day after the executive director receives the request for

2-19     review.

2-20           SECTION 2.  Subsection (a), Section 361.034, Health and

2-21     Safety Code, is amended to read as follows:

2-22           (a)  The commission shall submit a report to the presiding

2-23     officers of the legislature and the governor not later than January

2-24     1 of each odd-numbered year.  The report must include:

2-25                 (1)  a summary of a performance report of the imposed

2-26     industrial solid waste and hazardous waste fees authorized under

2-27     Subchapter D and related activities to determine the

2-28     appropriateness of the fee structures;

2-29                 (2)  an evaluation of progress made in accomplishing

2-30     the state's public policy concerning the preference of waste

 3-1     management methods under Section 361.023;

 3-2                 (3)  projections of the volume of waste by type of

 3-3     waste, disposition of waste, and remaining capacity or capacity

 3-4     used for the treatment and disposal of the waste;

 3-5                 (4)  projections of the availability of adequate

 3-6     capacity in this state for the management of all types of hazardous

 3-7     waste generated within the state and a report of the amounts,

 3-8     types, and sources of hazardous waste imported into and exported

 3-9     from the state in the previous year;

3-10                 (5)  an evaluation of the progress made and activities

3-11     engaged in consistent with the state's municipal solid waste

3-12     management plan, in particular the progress toward meeting the

3-13     waste reduction goal established by Section 361.0201(d);

3-14                 (6)  an evaluation of the progress made by local

3-15     governments under the solid waste management plans;

3-16                 (7)  the status of state procurement under Section

3-17     361.426 of products made of recycled materials or that are

3-18     reusable, including documentation of any decision not to purchase

3-19     those products;

3-20                 (8)  the status of the governmental entity recycling

3-21     program established under Section 361.425, including the status of

3-22     collection and storage procedures and program evaluations required

3-23     by that section;

3-24                 (9)  the status of the public education program

3-25     described in Section 361.0202; [and]

3-26                 (10)  recommendations to the governor and to the

3-27     legislature for improving the management of municipal solid waste

3-28     in the state;

3-29                 (11)  a statement confirming that the commission

3-30     complies with Section 361.040; and

 4-1                 (12)  a digest of requests for review received under

 4-2     Section 361.041, identifying the state and federal standards or

 4-3     requirements reviewed and summarizing the executive director's

 4-4     opinion issued for each request.

 4-5           SECTION 3.  Section 363.046, Health and Safety Code, is

 4-6     amended to read as follows:

 4-7           Sec. 363.046.  Duties.  The advisory council shall:

 4-8                 (1)  review and evaluate the effect of state policies

 4-9     and programs on municipal solid waste management;

4-10                 (2)  make recommendations to the executive director and

4-11     the commission on matters relating to municipal solid waste

4-12     management;

4-13                 (3)  recommend legislation to the commission to

4-14     encourage the efficient management of municipal solid waste;

4-15                 (4)  recommend policies to the commission for the use,

4-16     allocation, or distribution of the planning fund that include:

4-17                       (A)  identification of statewide priorities for

4-18     use of funds;

4-19                       (B)  the manner and form of application for

4-20     financial assistance; and

4-21                       (C)  criteria, in addition to those prescribed by

4-22     Section 363.093(d), to be evaluated in establishing priorities for

4-23     providing financial assistance to applicants; [and]

4-24                 (5)  conduct a continuing review of the standards and

4-25     requirements the commission imposes on sanitary landfills to ensure

4-26     that the commission does not impose a standard or requirement that

4-27     is more stringent than a standard or requirement required by the

4-28     United States Environmental Protection Agency under Subchapter IV,

4-29     Solid Waste Disposal Act, as amended (42 U.S.C. Section 6941 et

4-30     seq.), and shall report its findings to the commission on or before

 5-1     September 1 of each year; and

 5-2                 (6)  recommend to the executive director special

 5-3     studies and projects to further the effectiveness of municipal

 5-4     solid waste management and resource recovery.

 5-5           SECTION 4.  Subchapter C, Chapter 361, Health and Safety

 5-6     Code, is amended by adding Section 361.071 to read as follows:

 5-7           Sec. 361.071.  PERMITS FROM OTHER AGENCIES.  The owner or

 5-8     operator of a solid waste management facility is not required to

 5-9     obtain a permit from any agency of the state other than the

5-10     commission, or any permit from the commission other than a permit

5-11     issued under this chapter, to store, process, treat, dispose of, or

5-12     destroy solid waste unless:

5-13                 (1)  a permit is required by the Railroad Commission of

5-14     Texas under Chapter 27, Water Code;

5-15                 (2)  a permit is required by Part C or D, Title I,

5-16     federal Clean Air Act (42 U.S.C. Sections 7470 et seq. and 7501 et

5-17     seq.), for a major source or a major modification; or

5-18                 (3)  a permit is required by the federal operating

5-19     permit program pursuant to Section 129(e), Title I, federal Clean

5-20     Air Act (42 U.S.C. Section 7429(e)).

5-21           SECTION 5.  The Municipal Solid Waste Management and Resource

5-22     Recovery Advisory Council shall make the first report to the Texas

5-23     Natural Resource Conservation Commission required by Subdivision

5-24     (5), Section 363.046, Health and Safety Code, as added by this Act,

5-25     not later than September 1, 1998.

5-26           SECTION 6.  The importance of this legislation and the

5-27     crowded condition of the calendars in both houses create an

5-28     emergency and an imperative public necessity that the

5-29     constitutional rule requiring bills to be read on three several

5-30     days in each house be suspended, and this rule is hereby suspended,

 6-1     and that this Act take effect and be in force from and after its

 6-2     passage, and it is so enacted.