HBA-KMH H.B. 2312 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2312
By: Chisum
Environmental Regulation
3/17/1999
Introduced



BACKGROUND AND PURPOSE 

The Texas Natural Resource Conservation Commission (TNRCC) recently
conducted a protectiveness review of all standard exemptions, which is a
class of activities for which no permit is required because the activity is
deemed protective to human health and safety and the environment.  The
review included air dispersion modeling for many facilities, including
concrete batch plants, at varying degrees of production, and concluded that
the standard exemptions are in fact protective. 

Air dispersion modeling is a computerized model of a facility that predicts
ground level concentrations of pollutants from the facility considering
different variances such as wind direction, wind speed, plant production
capability, or best available control technology (BACT).  Air dispersion
modeling can cost in excess of $200,000 for a permit applicant.  In
addition to the cost to the applicant for air dispersion modeling, TNRCC is
required to expend state funds to substantiate any air dispersion modeling
introduced during a contested case hearing. 

Concrete batch plants are the only facilities which fall under a standard
exemption, but which nevertheless may be subject to a contested case
hearing.  H.B. 2312 prohibits TNRCC from requiring a person who qualifies
for a standard exemption to conduct air dispersion modeling.  This bill
also prohibits evidence of air dispersion modeling from being used in
certain hearings. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 382.058, Health and Safety Code, by adding
Subsection (d), as follows: 

(d) Prohibits the Texas Natural Resource Conservation Commission (TNRCC)
from requiring that a person who qualifies for the exemption conduct air
dispersion modeling before beginning construction of a concrete plant.
Provides that this prohibition only applies if TNRCC considers air
dispersion modeling information in the course of adopting an exemption
under Section 382.057 (Exemption), for a concrete plant that performs wet
batching, dry batching, or central mixing.   Prohibits evidence regarding
air dispersion modeling from being submitted at a hearing under Section
382.056 (Notice of Intent to Obtain Permit or Permit Review; Hearing). 

SECTION 2.  Amends Section 382.058, Health and Safety Code, as follows:

Sec.  382.058.  New Title: PROVISIONS RELATING TO COMMISSION EXEMPTION FOR
CONSTRUCTION OF CERTAIN CONCRETE PLANTS.  Deletes "limitation on" from
title. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.