HBA-KMH H.B. 1493 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1493
By: Alexander
Environmental Regulation
2/24/1999
Introduced



BACKGROUND AND PURPOSE 

The Texas Clean Air Act grants the Texas Natural Resource Conservation
Commission authority to measure and monitor emissions of air contaminants
from a source or activity causing or resulting in emissions of air
contaminants.  In order to measure these emissions,  monitors are required
to be installed on incinerators.  An emissions monitor may be more
expensive than a small incinerator. H.B. 1493 allows small, dual-chambered
incinerators to burn up to 500 pounds per hour of nonhazardous, nonmedical
trash, rubbish, and refuse without being required to have an emissions
monitor. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 382, Health and Safety Code, by
adding Section 382.0196, as follows: 

Sec.  382.0196.  EXEMPTION FROM MONITORING REQUIREMENTS FOR CERTAIN SMALL
INCINERATORS.  Defines "garbage" as solid waste consisting of putrescible
animal or vegetable waste materials resulting from the handling,
preparation, cooking or consumption of food, including waste materials from
markets, storage facilities, or the handling or sale of produce or other
food products.  Exempts a dual-chambered incinerator from being equipped
with an emissions monitoring device otherwise required by 30 T.A.C. Section
111.127(a) or similar rule if the incinerator has a manufacturer's rated
capacity of not more than 500 pounds per hour of waste that is generated
on-site, meets specified content requirements, and is used only to burn
specified waste 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Emergency clause.
  Effective date: upon passage.