HBA-KDB S.B. 689 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 689 By: Brown, J. E. "Buster" Environmental Regulation 3/29/2001 Engrossed BACKGROUND AND PURPOSE Under current law, a hazardous waste is defined as solid waste identified or listed as a hazardous waste by the United States Environmental Protection Agency (EPA) under the federal Solid Waste Disposal Act. The state law was enacted to conform to the federal law. However, the federal law was recently amended to modify the definition of hazardous waste, making the federal and state laws inconsistent. This discrepancy may compromise the state's ability to operate the federal regulatory program delegated to the state, impose potentially inconsistent state and federal requirements on regulated entities, and result in gaps in enforcement authority. Senate Bill 689 modifies the definitions of "hazardous waste" and "oil and gas hazardous waste" to conform to current federal law. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Natural Resource Conservation Commission in SECTION 1 (Section 361.003, Health and Safety Code) and to the Railroad Commission of Texas in SECTION 2 (Section 91.601, Natural Resources Code) of this bill. ANALYSIS Senate Bill 689 amends the Health and Safety Code to add to redefine "hazardous waste" as a solid waste or a combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed and which is identified by the Texas Natural Resource Conservation Commission as a hazardous waste by rule, provided that the rules are consistent with, and not more stringent than necessary to maintain state program authorization under the Resource Conservation and Recovery Act of 1976. S.B. 689 amends the Natural Resources Code to redefine "oil and gas hazardous waste" as an oil or gas waste, or a combination of oil and gas wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed and which is identified by the Railroad Commission of Texas as a hazardous waste by rule, provided that the rules are consistent with, and not more stringent than necessary to obtain or maintain state program authorization under the Resource Conservation and Recovery Act of 1976. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.