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.