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.