By:  Armbrister, Haley, Bivins                         S.B. No. 684
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the regulation of emissions from an agricultural
    1-2  operation.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 382.003, Health and Safety Code, is
    1-5  amended to read as follows:
    1-6        Sec. 382.003.  Definitions.  In this chapter:
    1-7              (1)  "Administrator" means the Administrator of the
    1-8  United States Environmental Protection Agency.
    1-9              (2)  "Agricultural operation" includes:
   1-10                    (A)  cultivating the soil;
   1-11                    (B)  producing crops for human food, animal feed,
   1-12  planting seed, or fiber;
   1-13                    (C)  floriculture;
   1-14                    (D)  viticulture;
   1-15                    (E)  horticulture;
   1-16                    (F)  raising or keeping livestock or poultry; and
   1-17                    (G)  planting cover crops or leaving land idle
   1-18  for the purpose of participating in any governmental program or
   1-19  normal crop or livestock rotation procedure.
   1-20              (3)  "Air contaminant" means particulate matter,
   1-21  radioactive material, dust, fumes, gas, mist, smoke, vapor, or
   1-22  odor, including any combination of those items, produced by
   1-23  processes other than natural.
   1-24              (4) <(3)>  "Air pollution" means the presence in the
    2-1  atmosphere of one or more air contaminants or combination of air
    2-2  contaminants in such concentration and of such duration that:
    2-3                    (A)  are or may tend to be injurious to or to
    2-4  adversely affect quality of life, human health or welfare, animal
    2-5  life, vegetation, or property; or
    2-6                    (B)  interfere with the normal use or enjoyment
    2-7  of animal life, vegetation, or property.
    2-8              (5) <(4)>  "Board" means the Texas Natural Resource
    2-9  Conservation Commission.
   2-10              (6) <(5)>  "Executive director" means the executive
   2-11  director of the board.
   2-12              (7) <(6)>  "Facility" means a discrete or identifiable
   2-13  structure, device, item, equipment, or enclosure that constitutes
   2-14  or contains a stationary source, including appurtenances other than
   2-15  emission control equipment.  A mine, quarry, well test, or road is
   2-16  not considered to be a facility.
   2-17              (8) <(7)>  "Federal source" means a facility, group of
   2-18  facilities, or other source that is subject to the permitting
   2-19  requirements of Title IV or V of the federal Clean Air Act
   2-20  Amendments of 1990 (Pub.L. No. 101-549) and includes:
   2-21                    (A)  an affected source as defined by Section 402
   2-22  of the federal Clean Air Act (42 U.S.C. Section 7651a) as added by
   2-23  Section 401 of the federal Clean Air Act Amendments of 1990 (Pub.L.
   2-24  No. 101-549);
   2-25                    (B)  a major source as defined by Title III of
   2-26  the federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549);
   2-27                    (C)  a major source as defined by Title V of the
    3-1  federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549);
    3-2                    (D)  a source subject to the standards or
    3-3  regulations under Section 111 or 112 of the federal Clean Air Act
    3-4  (42 U.S.C. Sections 7411 and 7412);
    3-5                    (E)  a source required to have a permit under
    3-6  Part C or D of Title I of the federal Clean Air Act (42 U.S.C.
    3-7  Sections 7470 et seq. and 7501 et seq.);
    3-8                    (F)  a major stationary source or major emitting
    3-9  facility under Section 302 of the federal Clean Air Act (42 U.S.C.
   3-10  Section 7602); and
   3-11                    (G)  any other stationary source in a category
   3-12  designated by the United States Environmental Protection Agency as
   3-13  subject to the permitting requirements of Title V of the federal
   3-14  Clean Air Act Amendments of 1990 (Pub.L. No. 101-549).
   3-15              (9) <(8)>  "Local government" means a health district
   3-16  established under Chapter 121, a county, or a municipality.
   3-17              (10) <(9)>  "Modification of existing facility" means
   3-18  any physical change in, or change in the method of operation of, a
   3-19  stationary source in a manner that increases the amount of any air
   3-20  pollutant emitted by the source into the atmosphere or that results
   3-21  in the emission of any air pollutant not previously emitted.  The
   3-22  term does not include:
   3-23                    (A)  insignificant increases in the amount of any
   3-24  air pollutant emitted that is authorized by one or more board
   3-25  exemptions;
   3-26                    (B)  insignificant increases at a permitted
   3-27  facility; or
    4-1                    (C)  maintenance or replacement of equipment
    4-2  components that do not increase or tend to increase the amount or
    4-3  change the characteristics of the air contaminants emitted into the
    4-4  atmosphere.
    4-5              (11) <(10)>  "Person" means an individual, corporation,
    4-6  organization, government or governmental subdivision or agency,
    4-7  business trust, partnership, association, or any other legal
    4-8  entity.
    4-9              (12) <(11)>  "Select-use technology" means a technology
   4-10  that involves simultaneous combustion of natural gas with other
   4-11  fuels in fossil fuel-fired boilers.  The term includes cofiring,
   4-12  gas reburn, and enhanced gas reburn/sorbent injection.
   4-13              (13) <(12)>  "Source" means a point of origin of air
   4-14  contaminants, whether privately or publicly owned or operated.
   4-15              (14) <(13)>  "Well test" means the testing of an oil or
   4-16  gas well for a period of time less than 72 hours that does not
   4-17  constitute a major source or major modification under any provision
   4-18  of the federal Clean Air Act (42 U.S.C. Section 7401 et seq.).
   4-19        SECTION 2.  Section 382.057, Health and Safety Code, is
   4-20  amended by adding Subsection (c) to read as follows:
   4-21        (c)  Air contaminant emissions from an agricultural
   4-22  operation, except emissions from an agricultural operation that is
   4-23  required to obtain a federal operating permit under this subchapter
   4-24  or is subject to regulations adopted under Section 111 or 112 of
   4-25  the federal Clean Air Act (42 U.S.C. Section 7411 or 7412), are
   4-26  exempt from the permitting requirements of this subchapter, unless
   4-27  based on the board's review of the agricultural operation's
    5-1  particular practices, the board finds that the emissions from the
    5-2  agricultural operation have caused or are causing in the immediate
    5-3  vicinity of the agricultural operation:
    5-4              (1)  a specific bodily injury to a member of the
    5-5  public; or
    5-6              (2)  a substantial adverse effect to quality of life
    5-7  and the health or safety of the public.
    5-8        SECTION 3.  Subchapter D, Chapter 382, Health and Safety
    5-9  Code, is amended by adding Section 382.0905 to read as follows:
   5-10        Sec. 382.0905.  ENFORCEMENT AGAINST CERTAIN AGRICULTURAL
   5-11  OPERATIONS.  (a)  Air contaminant emissions from an agricultural
   5-12  operation, except emissions from an agricultural operation that is
   5-13  required to obtain a federal operating permit under Subchapter C or
   5-14  is subject to regulations adopted under Section 111 or 112 of the
   5-15  federal Clean Air Act (42 U.S.C. Section 7411 or 7412), are exempt
   5-16  from this subchapter unless:
   5-17              (1)  the board finds that the emissions from the
   5-18  agricultural operation have caused or are causing in the immediate
   5-19  vicinity of the agricultural operation:
   5-20                    (A)  a specific bodily injury to a member of the
   5-21  public; or
   5-22                    (B)  a substantial adverse effect to the health
   5-23  or safety of the public; or
   5-24              (2)  the board finds a party was located in the
   5-25  immediate vicinity of the agricultural operation prior to the
   5-26  establishment of the agricultural operation.
   5-27        (b)  The board may not issue a notice of violation to an
    6-1  agricultural operation that is not required to obtain a federal
    6-2  operating permit under Subchapter C and is not subject to
    6-3  regulations adopted under Section 111 or 112 of the federal Clean
    6-4  Air Act (42 U.S.C. Section 7411 or 7412) unless the board makes a
    6-5  finding as provided by Subsection (a).  The board shall include
    6-6  with a notice of violation issued under this subsection a statement
    6-7  of the reasoning and specific information on which the board relied
    6-8  in making its finding.
    6-9        (c)  If a violation of this chapter or of a board rule or
   6-10  order relates to an emission of air contaminants from an
   6-11  agricultural operation that is not required to obtain a federal
   6-12  operating permit under Subchapter C and is not subject to
   6-13  regulations adopted under Section 111 or 112 of the federal Clean
   6-14  Air Act (42 U.S.C. Section 7411 or 7412), the board may not issue
   6-15  an order under this chapter to enforce the violation unless:
   6-16              (1)  the board finds by a preponderance of the evidence
   6-17  that the emissions have caused or are causing in the immediate
   6-18  vicinity of the agricultural operation:
   6-19                    (A)  a specific bodily injury to a member of the
   6-20  public; or
   6-21                    (B)  a substantial adverse effect to the health
   6-22  or safety of the public; or
   6-23              (2)  the board finds a party was located in the
   6-24  immediate vicinity of the agricultural operation prior to the
   6-25  establishment of the agricultural operation.
   6-26        SECTION 4.  The importance of this legislation and the
   6-27  crowded condition of the calendars in both houses create an
    7-1  emergency and an imperative public necessity that the
    7-2  constitutional rule requiring bills to be read on three several
    7-3  days in each house be suspended, and this rule is hereby suspended,
    7-4  and that this Act take effect and be in force from and after its
    7-5  passage, and it is so enacted.