HBA-KDB H.B. 3021 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3021
By: Chisum
Environmental Regulation
3/29/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a hazardous waste is defined as any 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.  House
Bill 3021 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

House Bill 3021 amends the Health and Safety Code to redefine "hazardous
waste" as a solid waste or a combination of solid wastes, that 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,  disposed of, or otherwise managed and that is identified by
the Texas Natural Resource Conservation Commission  as a hazardous waste by
rules, that are not more stringent than is necessary to maintain state
program authorization under the Resource Conservation and Recovery Act of
1976.  

H.B. 3021 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, that 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,  disposed of, or otherwise managed and that
is identified by the Railroad Commission of Texas as a hazardous waste by
rules, that are not more stringent than is necessary to maintain state
program authorization under the Resource Conservation and Recovery Act of
1976.   

EFFECTIVE DATE

September 1, 2001.