By Giddings H.B. No. 2244
A BILL TO BE ENTITLED
AN ACT relating to the burning of hazardous materials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 361, Texas Health and Safety Code, is amended by adding Section 361.1031 to read as follows:
Sec. 361.1031. REGULATION OF THE BURNING OF HAZARDOUS MATERIALS
IN INDUSTRIAL FURNACES. (a) In this section:
(1) "Industrial furnace" means an enclosed device that is an integral component of a manufacturing process and that uses controlled flame devices to accomplish recovery of materials or energy, including but not limited to the following:
(i) cement kilns;
(ii) lime kilns;
(iii) aggregate kilns;
(iv) phosphate kilns;
(v) coke ovens;
(vi) smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machines, roasters, and foundry furnaces);
(vii) titanium dioxide chloride process oxidation reactors;
(viii) methane reforming furnaces;
(ix) pulping liquor recovery furnaces;
(x) combustion devices used in the recovery of sulfur values from spent sulfuric acid;
(xi) such other devices as the Texas Water Commission may by rule add to this list on the basis of one or more of the following facts:
(A) the device is designed and used primarily to accomplish recovery of material products;

(B) the device is used to burn or reduce raw materials to make a material product;
(C) the device is used to burn or reduce secondary materials as effective substitutes for raw materials, in processes using raw materials as principal feedstocks;
(D) the device is used to burn or reduce secondary materials as ingredients in an industrial process to make a material product;
(E) the device is used in common industrial practice to produce a material product; and
(F) other factors, as appropriate.
(2) "Hazardous materials" means spent solvents, distillation bottoms, and hazardous substances as defined in Sec. 361.003 of this chapter (as now or hereafter amended) and any other materials which due to their ignitability, corrosivity, reactivity or toxicity are deemed hazardous by the Texas Water Commission.
(b) Any industrial furnace issued a permit to burn hazardous or toxic waste must meet the same permit conditions issued to commercial hazardous waste incinerators by the Texas Air
Control Board.
(c) Any industrial furnaces burning hazardous waste as fuel must meet all regulatory requirements governing commercial hazardous waste incinerators as defined by the Texas Clean
Air Act and by the Federal Resource Conservation and Recovery Act.
(d) Any industrial furnace burning hazardous materials must dispose of any and all solid waste residues produced while burning such waste in a federally licensed Resource Conservation and Recovery Act disposal site.
(e) Any hazardous waste generator contracting for the disposal of hazardous waste with an industrial furnace shall report the volume and type of waste shipped with the Texas Water
Commission under the Toxic Release Inventory requirements, annually.
(f) Any product manufactured by the burning of hazardous or toxic waste that is later sold, by wholesale or retail sale, must provide written notice that reads as follows:

"WARNING: This product was manufactured by a process that burns hazardous wastes. It may contain residues of those hazardous wastes. These residues may leach out of this product and result in environmental contamination. Use at your own risk."
(g) This warning must be printed in English and Spanish and be in a size and type that is clearly legible.
(h) Industrial furnaces burning hazardous materials as fuel must comply with the provisions of this act by January 1, 1994.
SECTION 2. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three separate days in each house be suspended, and this rule is hereby suspended.