By Alexander H.B. No. 1493
76R3892 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to an exemption from emissions monitoring requirements for
1-3 certain small incinerators.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 382, Health and Safety
1-6 Code, is amended by adding Section 382.0196 to read as follows:
1-7 Sec. 382.0196. EXEMPTION FROM MONITORING REQUIREMENTS FOR
1-8 CERTAIN SMALL INCINERATORS. (a) In this section, "garbage" means
1-9 solid waste consisting of putrescible animal or vegetable waste
1-10 materials resulting from the handling, preparation, cooking, or
1-11 consumption of food, including waste materials from markets,
1-12 storage facilities, or the handling or sale of produce or other
1-13 food products.
1-14 (b) A dual-chambered incinerator is not required to be
1-15 equipped with an emissions monitoring device otherwise required by
1-16 30 T.A.C. Section 111.127(a) or a similar rule if the incinerator:
1-17 (1) has a manufacturer's rated capacity of not more
1-18 than 500 pounds per hour of waste that:
1-19 (A) is generated on-site;
1-20 (B) consists of paper, wood, cardboard cartons,
1-21 rags, garbage, or combustible floor sweepings; and
1-22 (C) contains overall not more than:
1-23 (i) 10 percent treated papers, plastic, or
1-24 rubber scraps;
2-1 (ii) 50 percent garbage;
2-2 (iii) 50 percent moisture; and
2-3 (iv) 10 percent noncombustible solids; and
2-4 (2) is used only to burn waste specified by
2-5 Subdivision (1).
2-6 SECTION 2. (a) The change in law made by this Act applies
2-7 only to an offense committed on or after the effective date of this
2-8 Act or a violation of a rule of the Texas Natural Resource
2-9 Conservation Commission that occurs on or after that date. For
2-10 purposes of this section, an offense is committed or a violation
2-11 occurs before the effective date of this Act if any element of the
2-12 offense or violation occurs before that date.
2-13 (b) An offense committed or violation that occurs before the
2-14 effective date of this Act is covered by the law in effect when the
2-15 offense was committed or the violation occurred, and the former law
2-16 is continued in effect for that purpose.
2-17 SECTION 3. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended,
2-22 and that this Act take effect and be in force from and after its
2-23 passage, and it is so enacted.