73R9750 E
By Chisum H.B. No. 2633
Substitute the following for H.B. No. 2633:
By Saunders C.S.H.B. No. 2633
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of emissions from an agricultural
1-3 operation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 382.003, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 382.003. Definitions. In this chapter:
1-8 (1) "Administrator" means the Administrator of the
1-9 United States Environmental Protection Agency.
1-10 (2) "Agricultural operation" includes but is not
1-11 limited to the following activities: cultivating the soil;
1-12 producing crops for human food, animal feed, planting seed, or
1-13 fiber; floriculture; viticulture; horticulture; raising or keeping
1-14 livestock or poultry; and planting cover crops or leaving land idle
1-15 for the purpose of participating in any governmental program or
1-16 normal crop or livestock rotation procedure.
1-17 (3) "Air contaminant" means particulate matter,
1-18 radioactive material, dust, fumes, gas, mist, smoke, vapor, or
1-19 odor, including any combination of those items, produced by
1-20 processes other than natural.
1-21 (4) <(3)> "Air pollution" means the presence in the
1-22 atmosphere of one or more air contaminants or combination of air
1-23 contaminants in such concentration and of such duration that:
1-24 (A) are or may tend to be injurious to or to
2-1 adversely affect human health or welfare, animal life, vegetation,
2-2 or property; or
2-3 (B) interfere with the normal use or enjoyment
2-4 of animal life, vegetation, or property.
2-5 (5) <(4)> "Board" means the Texas Natural Resource
2-6 Conservation Commission.
2-7 (6) <(5)> "Executive director" means the executive
2-8 director of the board.
2-9 (7) <(6)> "Facility" means a discrete or identifiable
2-10 structure, device, item, equipment, or enclosure that constitutes
2-11 or contains a stationary source, including appurtenances other than
2-12 emission control equipment. A mine, quarry, well test, or road is
2-13 not considered to be a facility.
2-14 (8) <(7)> "Federal source" means a facility, group of
2-15 facilities, or other source that is subject to the permitting
2-16 requirements of Title IV or V of the federal Clean Air Act
2-17 Amendments of 1990 (Pub.L. No. 101-549) and includes:
2-18 (A) an affected source as defined by Section 402
2-19 of the federal Clean Air Act (42 U.S.C. Section 7651a) as added by
2-20 Section 401 of the federal Clean Air Act Amendments of 1990 (Pub.L.
2-21 No. 101-549);
2-22 (B) a major source as defined by Title III of
2-23 the federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549);
2-24 (C) a major source as defined by Title V of the
2-25 federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549);
2-26 (D) a source subject to the standards or
2-27 regulations under Section 111 or 112 of the federal Clean Air Act
3-1 (42 U.S.C. Sections 7411 and 7412);
3-2 (E) a source required to have a permit under
3-3 Part C or D of Title I of the federal Clean Air Act (42 U.S.C.
3-4 Sections 7470 et seq. and 7501 et seq.);
3-5 (F) a major stationary source or major emitting
3-6 facility under Section 302 of the federal Clean Air Act (42 U.S.C.
3-7 Section 7602); and
3-8 (G) any other stationary source in a category
3-9 designated by the United States Environmental Protection Agency as
3-10 subject to the permitting requirements of Title V of the federal
3-11 Clean Air Act Amendments of 1990 (Pub.L. No. 101-549).
3-12 (9) "Good agricultural practices" means practices that
3-13 are customary among or appropriate to agricultural operations of a
3-14 similar nature and are technically practicable and economically
3-15 achievable.
3-16 (10) <(8)> "Local government" means a health district
3-17 established under Chapter 121, a county, or a municipality.
3-18 (11) <(9)> "Modification of existing facility" means
3-19 any physical change in, or change in the method of operation of, a
3-20 stationary source in a manner that increases the amount of any air
3-21 pollutant emitted by the source into the atmosphere or that results
3-22 in the emission of any air pollutant not previously emitted. The
3-23 term does not include:
3-24 (A) insignificant increases in the amount of any
3-25 air pollutant emitted that is authorized by one or more board
3-26 exemptions;
3-27 (B) insignificant increases at a permitted
4-1 facility; or
4-2 (C) maintenance or replacement of equipment
4-3 components that do not increase or tend to increase the amount or
4-4 change the characteristics of the air contaminants emitted into the
4-5 atmosphere.
4-6 (12) <(10)> "Person" means an individual, corporation,
4-7 organization, government or governmental subdivision or agency,
4-8 business trust, partnership, association, or any other legal
4-9 entity.
4-10 (13) <(11)> "Select-use technology" means a technology
4-11 that involves simultaneous combustion of natural gas with other
4-12 fuels in fossil fuel-fired boilers. The term includes cofiring,
4-13 gas reburn, and enhanced gas reburn/sorbent injection.
4-14 (14) <(12)> "Source" means a point of origin of air
4-15 contaminants, whether privately or publicly owned or operated.
4-16 (15) <(13)> "Well test" means the testing of an oil or
4-17 gas well for a period of time less than 72 hours that does not
4-18 constitute a major source or major modification under any provision
4-19 of the federal Clean Air Act (42 U.S.C. Section 7401 et seq.).
4-20 SECTION 2. Section 382.057, Health and Safety Code, is
4-21 amended by adding Subsection (c) to read as follows:
4-22 (c) Air contaminant emissions from agricultural operations
4-23 that are consistent with good agricultural practices, except those
4-24 from agricultural operations that are required to obtain a federal
4-25 operating permit under this subchapter, are exempt from the
4-26 permitting requirements of this subchapter unless the board
4-27 determines such emissions have caused or currently are causing a
5-1 specific injury or substantial adverse effect to the health of the
5-2 public in the immediate vicinity of the agricultural operation.
5-3 SECTION 3. Subchapter D, Chapter 382, Health and Safety
5-4 Code, is amended by adding Section 382.0905 to read as follows:
5-5 Sec. 382.0905. ENFORCEMENT AGAINST CERTAIN AGRICULTURAL
5-6 OPERATIONS. (a) Air contaminant emissions from agricultural
5-7 operations that are consistent with good agricultural practices are
5-8 exempt from the requirements of this subchapter, unless the board
5-9 determines such emissions have caused or currently are causing a
5-10 specific injury or substantial adverse effect to the health of the
5-11 public in the immediate vicinity of the agricultural operation.
5-12 (b) Prior to issuing a notice of violation to a potentially
5-13 exempt agricultural operation, the board shall determine that the
5-14 operation was inconsistent with good agricultural practices before
5-15 or during the alleged violation based on criteria established by
5-16 the Texas Agricultural Extension Service. A notice of violation
5-17 that the board issues pertaining to emissions caused by an
5-18 agricultural operation shall explain the board's determination that
5-19 the agricultural operation was inconsistent with good agricultural
5-20 practices and shall identify the specific injury or substantial
5-21 adverse effect the emissions from such operation are alleged to
5-22 have caused or to currently be causing to the health of the public
5-23 in the immediate vicinity of the agricultural operation.
5-24 (c) Notwithstanding Subsection (b), to support the validity
5-25 of any final order issued by the board pertaining to emissions
5-26 caused by an agricultural operation, the board must prove by a
5-27 preponderance of the evidence that the agricultural operation was
6-1 inconsistent with good agricultural practices before or during the
6-2 violation supporting the order or that the emissions from the
6-3 operation have caused or are causing a specific injury or
6-4 substantial adverse effect to the health of the public in the
6-5 immediate vicinity of the agricultural operation.
6-6 SECTION 4. The importance of this legislation and the
6-7 crowded condition of the calendars in both houses create an
6-8 emergency and an imperative public necessity that the
6-9 constitutional rule requiring bills to be read on three several
6-10 days in each house be suspended, and this rule is hereby suspended,
6-11 and that this Act take effect and be in force from and after its
6-12 passage, and it is so enacted.