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.