1-1 By: Armbrister, Haley, Bivins S.B. No. 684
1-2 (In the Senate - Filed March 8, 1993; March 9, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 27, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 1; April 27, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 684 By: Armbrister
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the regulation of emissions from an agricultural
1-24 operation.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 382.003, Health and Safety Code, is
1-27 amended to read as follows:
1-28 Sec. 382.003. DEFINITIONS. In this chapter:
1-29 (1) "Administrator" means the Administrator of the
1-30 United States Environmental Protection Agency.
1-31 (2) "Agricultural operation" includes but is not
1-32 limited to the following activities: cultivating the soil;
1-33 producing crops for human food, animal feed, planting seed, or
1-34 fiber; floriculture; viticulture; horticulture; raising or keeping
1-35 livestock or poultry; and planting cover crops or leaving land idle
1-36 for the purpose of participating in any governmental program or
1-37 normal crop or livestock rotation procedure.
1-38 (3) "Air contaminant" means particulate matter,
1-39 radioactive material, dust, fumes, gas, mist, smoke, vapor, or
1-40 odor, including any combination of those items, produced by
1-41 processes other than natural.
1-42 (4) <(3)> "Air pollution" means the presence in the
1-43 atmosphere of one or more air contaminants or combination of air
1-44 contaminants in such concentration and of such duration that:
1-45 (A) are or may tend to be injurious to or to
1-46 adversely affect human health or welfare, animal life, vegetation,
1-47 or property; or
1-48 (B) interfere with the normal use or enjoyment
1-49 of animal life, vegetation, or property.
1-50 (5) <(4)> "Board" means the Texas Natural Resource
1-51 Conservation Commission.
1-52 (6) <(5)> "Executive director" means the executive
1-53 director of the board.
1-54 (7) <(6)> "Facility" means a discrete or identifiable
1-55 structure, device, item, equipment, or enclosure that constitutes
1-56 or contains a stationary source, including appurtenances other than
1-57 emission control equipment. A mine, quarry, well test, or road is
1-58 not considered to be a facility.
1-59 (8) <(7)> "Federal source" means a facility, group of
1-60 facilities, or other source that is subject to the permitting
1-61 requirements of Title IV or V of the federal Clean Air Act
1-62 Amendments of 1990 (Pub.L. No. 101-549) and includes:
1-63 (A) an affected source as defined by Section 402
1-64 of the federal Clean Air Act (42 U.S.C. Section 7651a) as added by
1-65 Section 401 of the federal Clean Air Act Amendments of 1990 (Pub.L.
1-66 No. 101-549);
1-67 (B) a major source as defined by Title III of
1-68 the federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549);
2-1 (C) a major source as defined by Title V of the
2-2 federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549);
2-3 (D) a source subject to the standards or
2-4 regulations under Section 111 or 112 of the federal Clean Air Act
2-5 (42 U.S.C. Sections 7411 and 7412);
2-6 (E) a source required to have a permit under
2-7 Part C or D of Title I of the federal Clean Air Act (42 U.S.C.
2-8 Sections 7470 et seq. and 7501 et seq.);
2-9 (F) a major stationary source or major emitting
2-10 facility under Section 302 of the federal Clean Air Act (42 U.S.C.
2-11 Section 7602); and
2-12 (G) any other stationary source in a category
2-13 designated by the United States Environmental Protection Agency as
2-14 subject to the permitting requirements of Title V of the federal
2-15 Clean Air Act Amendments of 1990 (Pub.L. No. 101-549).
2-16 (9) "Good agricultural practices" means those
2-17 practices that are customary among or appropriate to agricultural
2-18 operations of a similar nature and are technically practicable and
2-19 economically achievable.
2-20 (10) <(8)> "Local government" means a health district
2-21 established under Chapter 121, a county, or a municipality.
2-22 (11) <(9)> "Modification of existing facility" means
2-23 any physical change in, or change in the method of operation of, a
2-24 stationary source in a manner that increases the amount of any air
2-25 pollutant emitted by the source into the atmosphere or that results
2-26 in the emission of any air pollutant not previously emitted. The
2-27 term does not include:
2-28 (A) insignificant increases in the amount of any
2-29 air pollutant emitted that is authorized by one or more board
2-30 exemptions;
2-31 (B) insignificant increases at a permitted
2-32 facility; or
2-33 (C) maintenance or replacement of equipment
2-34 components that do not increase or tend to increase the amount or
2-35 change the characteristics of the air contaminants emitted into the
2-36 atmosphere.
2-37 (12) <(10)> "Person" means an individual, corporation,
2-38 organization, government or governmental subdivision or agency,
2-39 business trust, partnership, association, or any other legal
2-40 entity.
2-41 (13) <(11)> "Select-use technology" means a technology
2-42 that involves simultaneous combustion of natural gas with other
2-43 fuels in fossil fuel-fired boilers. The term includes cofiring,
2-44 gas reburn, and enhanced gas reburn/sorbent injection.
2-45 (14) <(12)> "Source" means a point of origin of air
2-46 contaminants, whether privately or publicly owned or operated.
2-47 (15) <(13)> "Well test" means the testing of an oil or
2-48 gas well for a period of time less than 72 hours that does not
2-49 constitute a major source or major modification under any provision
2-50 of the federal Clean Air Act (42 U.S.C. Section 7401 et seq.).
2-51 SECTION 2. Section 382.057, Health and Safety Code, is
2-52 amended to read as follows:
2-53 Sec. 382.057. Exemption. (a) Consistent with Section
2-54 382.0511, the board by rule may exempt from the requirements of
2-55 Section 382.0518 and Sections 382.054-382.0542 changes within a
2-56 permitted facility and certain types of facilities if it is found
2-57 on investigation that such changes or types of facilities will not
2-58 make a significant contribution of air contaminants to the
2-59 atmosphere, except as prohibited by the federal Clean Air Act
2-60 Amendments of 1990 (Pub.L. No. 101-549). The board may not exempt
2-61 any source or facility or any modification of an existing facility
2-62 defined as "major" under the federal Clean Air Act Amendments of
2-63 1990 (Pub.L. No. 101-549) or regulations adopted under that Act.
2-64 (b) The board shall adopt rules specifically defining the
2-65 terms and conditions for an exemption under this section in a
2-66 nonattainment area as defined by Title I of the federal Clean Air
2-67 Act (42 U.S.C. Section 7401 et seq.).
2-68 (c) Air contaminant emissions from any agricultural
2-69 operation as defined in Section 382.003, except emissions from a
2-70 specific agricultural operation that is required to obtain a
3-1 federal operating permit under this subchapter, are exempt from the
3-2 permitting requirements of this subchapter, unless, based on its
3-3 review of actual practices of a specific agricultural operation,
3-4 the board determines:
3-5 (1) based on criteria established by the Texas
3-6 Agricultural Extension Service, that the specific agricultural
3-7 operation is being performed in a manner that is inconsistent with
3-8 good agricultural practices as defined in Section 382.003; and
3-9 (2) that the emissions from the specific agricultural
3-10 operation have caused or currently are causing a specific bodily
3-11 injury to a member of the public, or a substantial adverse effect
3-12 to the health of the public, in the immediate vicinity of the
3-13 agricultural operation.
3-14 SECTION 3. Subchapter D, Chapter 382, Health and Safety
3-15 Code, is amended by adding Section 382.0905 to read as follows:
3-16 Sec. 382.0905. ENFORCEMENT AGAINST CERTAIN AGRICULTURAL
3-17 OPERATIONS. (a) Air contaminant emissions from any agricultural
3-18 operation as defined in Section 382.003, except emissions from a
3-19 specific agricultural operation that is required to obtain a
3-20 federal operating permit under Subchapter C, are exempt from the
3-21 requirements of this subchapter, unless the board determines:
3-22 (1) based on criteria established by the Texas
3-23 Agricultural Extension Service, that the specific agricultural
3-24 operation was being performed, before or during the period of the
3-25 alleged violation, in a manner that was inconsistent with good
3-26 agricultural practices as defined in Section 382.003; and
3-27 (2) that the emissions from the specific agricultural
3-28 operation have caused or currently are causing a specific bodily
3-29 injury to a member of the public, or a substantial adverse effect
3-30 to the health of the public, in the immediate vicinity of the
3-31 agricultural operation.
3-32 (b) Prior to issuing any notice of violation to any
3-33 agricultural operation that is not required to obtain a federal
3-34 operating permit under Subchapter C, the board shall make the
3-35 determinations described in Subsection (a). Any notice of
3-36 violation that the board issues pertaining to emissions caused by
3-37 such an agricultural operation shall provide the rationale and
3-38 specific information relied upon by the board's staff in
3-39 determining that the agricultural operation was being performed,
3-40 before or during the period of the alleged violation, in a manner
3-41 that was inconsistent with good agricultural practices and shall
3-42 identify the specific bodily injury or substantial adverse effect
3-43 the emissions from such operation are alleged to have caused or
3-44 currently to be causing to the health of the public in the
3-45 immediate vicinity of the agricultural operation.
3-46 (c) Notwithstanding Subsection (b), to support the validity
3-47 of any final order issued by the board pertaining to emissions
3-48 caused by a specific agricultural operation that is not required to
3-49 obtain a federal operating permit under Subchapter C, the board
3-50 must prove by a preponderance of the evidence:
3-51 (1) based on criteria established by the Texas
3-52 Agricultural Extension Service, that the agricultural operation was
3-53 being performed, before or during the period of the violation
3-54 supporting the order, in a manner that was inconsistent with good
3-55 agricultural practices; and
3-56 (2) that the emissions from the operation have caused
3-57 or are causing a specific bodily injury to a member of the public,
3-58 or a substantial adverse effect to the health of the public, in the
3-59 immediate vicinity of the agricultural operation.
3-60 SECTION 4. The importance of this legislation and the
3-61 crowded condition of the calendars in both houses create an
3-62 emergency and an imperative public necessity that the
3-63 constitutional rule requiring bills to be read on three several
3-64 days in each house be suspended, and this rule is hereby suspended,
3-65 and that this Act take effect and be in force from and after its
3-66 passage, and it is so enacted.
3-67 * * * * *
3-68 Austin,
3-69 Texas
3-70 April 27, 1993
4-1 Hon. Bob Bullock
4-2 President of the Senate
4-3 Sir:
4-4 We, your Committee on Natural Resources to which was referred S.B.
4-5 No. 684, have had the same under consideration, and I am instructed
4-6 to report it back to the Senate with the recommendation that it do
4-7 not pass, but that the Committee Substitute adopted in lieu thereof
4-8 do pass and be printed.
4-9 Sims,
4-10 Chairman
4-11 * * * * *
4-12 WITNESSES
4-13 FOR AGAINST ON
4-14 ___________________________________________________________________
4-15 Name: Jim Butler x
4-16 Representing: Tx A&M Univ. System
4-17 City: College Station
4-18 -------------------------------------------------------------------
4-19 Name: Lois F. Hungerford x
4-20 Representing: Energy Concerned Citizens
4-21 City: Energy
4-22 -------------------------------------------------------------------
4-23 Name: Doyle J. Callahan x
4-24 Representing: Himself
4-25 City: Stephenville
4-26 -------------------------------------------------------------------
4-27 Name: Tracey Lorraine Wilson x
4-28 Representing: Herself & Family
4-29 City: Lingleville
4-30 -------------------------------------------------------------------
4-31 Name: Mary West x
4-32 Representing: Cross Timbers
4-33 City: Dublin
4-34 -------------------------------------------------------------------
4-35 Name: Robert Edwin Kramer x
4-36 Representing: TACB
4-37 City: Ft. Worth
4-38 -------------------------------------------------------------------
4-39 Name: James D. Braddock x
4-40 Representing: TACB
4-41 City: Austin
4-42 -------------------------------------------------------------------
4-43 Name: Charles W. Jarman x
4-44 Representing: Himself
4-45 City: Killeen
4-46 -------------------------------------------------------------------
4-47 Name: Marvin A. Gregory x
4-48 Representing: Tx Farmers Union
4-49 City: Sulphur Springs
4-50 -------------------------------------------------------------------
4-51 Name: Edwin Fred Shannon x
4-52 Representing: Shannon Dairy
4-53 City: Hico
4-54 -------------------------------------------------------------------
4-55 Name: Lewis H. Vail x
4-56 Representing: Hopkin Co. Farm Union
4-57 City: Pickton
4-58 -------------------------------------------------------------------
4-59 Name: Tom Ray Johnson x
4-60 Representing: Tx Farmers Union
4-61 City: Pickton
4-62 -------------------------------------------------------------------
4-63 FOR AGAINST ON
4-64 ___________________________________________________________________
4-65 Name: Ronald Patrick Wilson x
4-66 Representing: Himself & Children
4-67 City: Stephenville
4-68 -------------------------------------------------------------------
4-69 Name: Travis A. Brown x
4-70 Representing: Cross Timbers Concerned Cit.
5-1 City: Stephenville
5-2 -------------------------------------------------------------------
5-3 Name: Ken Horton x
5-4 Representing: Tx Pork Producers Assn
5-5 City: Austin
5-6 -------------------------------------------------------------------
5-7 Name: Barry Elliott x
5-8 Representing: Energy Concerned Citizens
5-9 City: Gustine
5-10 -------------------------------------------------------------------
5-11 Name: Ken Kramer x
5-12 Representing: Sierra Club
5-13 City: Austin
5-14 -------------------------------------------------------------------
5-15 Name: Bruce Bigelow x
5-16 Representing: S John Welsh
5-17 City: Austin
5-18 -------------------------------------------------------------------
5-19 Name: Terry M. Hoffman x
5-20 Representing: Tx Assn of Dairymen
5-21 City: Windthorst
5-22 -------------------------------------------------------------------
5-23 Name: Durwood W. Tucker x
5-24 Representing: Tx Farm Bureau
5-25 City: Austin
5-26 -------------------------------------------------------------------
5-27 Name: James Grimm x
5-28 Representing: Tx Poultry Fed.
5-29 City: Austin
5-30 -------------------------------------------------------------------
5-31 Name: Jerry Clark x
5-32 Representing: Associated Milk Producers
5-33 City: Arlington
5-34 -------------------------------------------------------------------
5-35 Name: James C. Terrell x
5-36 Representing: Tx Assn of Dairymen
5-37 City: Austin
5-38 -------------------------------------------------------------------
5-39 Name: James Purcell Huffman x
5-40 Representing: Tx Assn of Dairymen
5-41 City: Hico
5-42 -------------------------------------------------------------------
5-43 Name: Vernon J. Katen x
5-44 Representing: Tri-County Dairy Supplier
5-45 City: Dublin
5-46 -------------------------------------------------------------------
5-47 Name: Donald DeJong x
5-48 Representing: TAD
5-49 City: Austin
5-50 -------------------------------------------------------------------
5-51 Name: John B. Turney x
5-52 Representing: Himself
5-53 City: Austin
5-54 -------------------------------------------------------------------
5-55 Name: Terry Biehunko x
5-56 Representing: Griffin Industries
5-57 City: Austin
5-58 -------------------------------------------------------------------
5-59 Name: Rick E. Robey x
5-60 Representing: F-R Cattle
5-61 City: Hico
5-62 -------------------------------------------------------------------
5-63 FOR AGAINST ON
5-64 ___________________________________________________________________
5-65 Name: Tommy W. Engelke x
5-66 Representing: Tx Ag Cooperative Council
5-67 City: Austin
5-68 -------------------------------------------------------------------
5-69 Name: Ross Wilson x
5-70 Representing: Tx Cattle Feeders Assn
6-1 City: Amarillo
6-2 -------------------------------------------------------------------
6-3 Name: Vincent J. Reina x
6-4 Representing: Maxim Production Co., Inc.
6-5 City: Boling
6-6 -------------------------------------------------------------------
6-7 Name: Bonnie C. Reina x
6-8 Representing: Maxim Production Co.
6-9 City: Boling
6-10 -------------------------------------------------------------------
6-11 Name: Robin H. Brister x
6-12 Representing: Tx Assn of Dairymen
6-13 City: Stephenville
6-14 -------------------------------------------------------------------
6-15 Name: Donna L. Whiteley x
6-16 Representing: Cross Timbers Concerned Cit.
6-17 City: Dublin
6-18 -------------------------------------------------------------------
6-19 Name: Sandra G. Skrei x
6-20 Representing: National Audubon Society
6-21 City: Austin
6-22 -------------------------------------------------------------------