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.