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.