HBA-JLV H.B. 2518 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2518
By: Kuempel
Environmental Regulation
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the owner or operator of a facility is required to obtain a
permit for the construction of or the modification of the facility and the
Texas Natural Resource Conservation Commission (TNRCC) is allowed to issue
a permit amendment if the facility is using the best available control
technology.  However, there are concerns that some of the provisions
governing the permit amendment process are ambiguous because the language
appears as if some modifications require going through the entire
permitting process again. The permitting process has become longer and
facilities have become larger and more complex, which could result in
increasing costs to TNRCC  By allowing TNRCC to issue permit amendments to
certain approved applicants, older plants could be encouraged to make
modifications that would improve emissions without having to go through the
tedious and expensive permitting process from the beginning. House Bill
2518 clarifies a practice of TNRCC to allow permit amendments when the best
available control technology is used. 

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. 

ANALYSIS

House Bill 2518 amends the Health and Safety Code to clarify and codify an
existing Texas Natural Resource Conservation Commission (TNRCC) practice to
issue permit amendments when best available control technology is used by a
facility.  The bill provides that a person planning the construction of or
the modification of a facility must obtain a permit amendment or a standard
permit from TNRCC.  The bill requires an applicant for a permit amendment
to provide notice of the application unless the emissions authorized by the
permit amendment will decrease and will not change in character.  The bill
requires TNRCC to issue the permit amendment within a reasonable time after
TNRCC receives an application for a permit amendment to authorize a
modification of or the construction of a facility if TNRCC finds that the
facility will use at least the best available control technology and finds
no indication that the emissions from the facility will contravene the
protection of the public's health and physical property.  The bill requires
TNRCC in considering the permit amendment to consider any adjudicated
decisions or compliance proceeding within the five years before the date on
which the application was filed that addressed the applicant's past
performance and compliance with the laws of this state, another state, or
the United States governing air contaminants or with the terms of any
permit or order issued by TNRCC.   

The bill repeals provisions relating to an amendment to a permit.

EFFECTIVE DATE

September 1, 2001.