BILL ANALYSIS


                                                    C.S.S.B. 1125
                                                         By: Sims
                                                Natural Resources
                                                         04-10-95
                                   Committee Report (Substituted)
BACKGROUND

Current law requires certain facilities that emit air contaminants
to renew preconstruction permits every 10 years.  The renewal
process often involves review by the Texas Natural Resource
Conservation Commission.  In addition, applicants for renewal are
subject to the commission's authority to hold a contested case
hearing regardless of whether renewal would result in an increase
in allowable emissions or the emission of an air pollutant not
previously emitted.

PURPOSE

As proposed, C.S.S.B. 1125 limits the authority of the Texas
Natural Resource Conservation Commission to prohibit the renewal,
amendment, or modification of certain emissions permits.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 382.055(e), Health and Safety Code, to
require the commissioner to impose as a condition for renewal of a
preconstruction permit only those requirements the Texas Natural
Resource Conservation Commission (commission) determines to be
economically reasonable and technically practicable considering the
age of the facility and the effect of its emissions on the
surrounding area.  Prohibits the commission from imposing
requirements more stringent than those of the existing permit,
unless the commission determines that the requirements are
necessary to avoid a condition of air pollution or to ensure
compliance with otherwise applicable federal or state air quality
control requirements; and requirements less stringent than those of
the existing permit, unless the commission determines that the
change will meet the requirements of Sections 382.0518 and
382.0541.

SECTION 2. Amends Section 382.056, Health and Safety Code, by
amending Subsection (d) and adding Subsection (e), as follows:

     (d) Prohibits the commission from holding a hearing on a
     permit application or permit renewal application if the basis
     of a person's request is unreasonable.  Deems a request for a
     permit hearing to be unreasonable if the amendment,
     modification, or renewal would not result in an increase in
     allowable emissions or the emission of an air pollutant not
     previously emitted.  Makes conforming changes.
     
     (e) Requires the commission to hold a hearing on a permit
     amendment, modification, or renewal if the application
     involves a facility for which there are significant and
     unresolved compliance issues.  Requires the scope of the
     hearing in such cases to be limited to the factual and legal
     matters which pertain to the unresolved compliance issues.
SECTION 3. Effective date: September 1, 1995.

SECTION 4. Emergency clause.