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.