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  -------------------------------------------------------------------