BILL ANALYSIS


                                                    C.S.S.B. 1126
                                                        By: Nixon
                                                Natural Resources
                                                         04-10-95
                                   Committee Report (Substituted)
BACKGROUND

Currently, facilities that are required to obtain an air permit
must complete a process that includes modelling for the potential
health effect, a review to determine if the facility is using the
best available control technology, and a contested case hearing
offered to the affected persons.  Facilities are also required to
apply for a permit amendment and again complete the program
whenever the facility intends to change its processes or equipment. 
The permitting process has become longer since facilities have
become larger and more complex, which has resulted in increasing
costs to the Texas Natural Resource Conservation Commission.

PURPOSE

As proposed, C.S.S.B. 1126 redefines "modification of existing
facility"; requires the Texas Natural Resource Conservation
Commission to consider specific factors in determining whether a
proposed change at a facility will allow an increase in allowable
air pollution.

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 382.003(9), Health and Safety Code, to
redefine "modification of existing facility."

SECTION 2. Amends Section 382.0512, Health and Safety Code, as
follows:

     Sec.  382.0512.  MODIFICATION OF EXISTING FACILITY.  (a)
     Prohibits the Texas Natural Resource Conservation Commission
     (board), in determining whether a proposed change at a
     facility is a modification, from considering the effect on
     emissions of any air pollution control method, or any
     decreases in emissions from other sources, except as provided
     in Subsection (b).
            (b) Requires the board, in determining whether a proposed
       change at an existing facility results in a net increase in
       allowable emissions, to consider the effect on emissions of
       any air pollution control method applied to a facility; any
       decreases in allowable emissions from other facilities that
       have received a preconstruction permit no earlier than 120
       months before the change; any decreases in actual emissions
       from other facilities that meet specific criteria.
            (c) Prohibits anything in this section from being construed
       to limit the application of other state or federal
       requirements.  Prohibits this section from limiting the
       board's authority under Subchapter D.
SECTION 3. Amends Section 382.0518, Health and Safety Code, by
adding Subsection (h), to provide that a reference to a permit
includes an amendment to a permit.

SECTION 4. Effective date: September 1, 1995.

SECTION 5. Emergency clause.