ACG H.B. 3019 75(R)BILL ANALYSIS


ENVIRONMENTAL REGULATION
C.S.H.B. 3019
By: Allen
4-22-97
Committee Report (Substituted)



BACKGROUND
 
The Texas Clean Air Act currently requires, pursuant to Section 382.0518,
Health and Safety Code, that a person must obtain a permit from the Texas
Natural Resource Conservation Commission (commission) before work is begun
on the construction of a new facility or modification of an existing
facility which may emit air contaminants.  The Texas Clean Air Act also
currently allows, pursuant to Section 382.057, Health and Safety Code, the
commission to grant exemptions if there will not be a significant
contribution of air contaminants to the atmosphere.  The commission and
its predecessor agency, the Texas Air Control Board, interpreted this
section to apply to both changes at existing facilities as well as
construction of new facilities, such as small businesses with
insignificant air emissions.  However, recent reviews of the language in
Section 382.057 by the commission have raised the question whether it, in
fact, does apply to both existing facilities as well as new facilities.  

PURPOSE

CSHB 3019 will clarify that the commission may grant an exemption for
changes made to an existing facility and may grant an exemption for
construction of a new facility until September 1, 1997 provided that there
will not be a significant contribution of air contaminants to the
atmosphere. 

RULEMAKING AUTHORITY

It is the committee's opinion that though this bill does not expressly
grant any additional rulemaking authority, the bill refers to existing
rulemaking authority of the Texas Natural Resource Conservation Commission
in SECTION 1 of the bill [Sec. 382.057(a), Health and Safety Code.] 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 382.057, Health and Safety Code as follows:
  382.057 (a) allows the commission to exempt from the requirements of
Section 382.0518, Health and Safety Code, changes to a facility if it is
found on investigation that the changes will not make a significant
contribution of air contaminants to the atmosphere and the commission
receives an application before September 1, 1999.  
 382.057 (d) stipulates that nothing in this section shall be construed to
limit the commission's general power to control the state's air quality
under Section 382.011 (a).  

SECTION 2. Effective date:  September 1, 1997.

SECTION 3.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill allows an exemption for construction of new facilities.
The substitute allows an exemption for changes to another facility
requested under or authorized by commission rule before September 1, 1999.