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.