SRC-MWN H.B. 3040 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3040
77R10923 JJT-FBy: Geren (Lucio)
Natural Resources
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Shipyards conduct abrasive blasting and painting operations either
immediately adjacent to or directly over bodies of water. Under the federal
Clean Air Act, the United States Environmental Protection Agency has
established national ambient air quality standards (NAAQS) and authorizes
the Texas Natural Resource Conservation Commission (TNRCC) to grant permits
for new or modified operations in shipyards to regulate emitted pollutants.
Before granting a permit, TNRCC tests for noncriteria ambient pollutants in
a manner determined by the executive director. Because TNRCC's testing
method can differ from federal testing methods it is possible that a
shipyard that is complying with the NAAQS would not be able to obtain a
permit. H.B. 3040 provides for the testing of noncriteria ambient
pollutants at shipyards according to the land-based off-property, rather
than over a body of water, to determine compliance with the NAAQS to permit
a new or modified operation at the shipyard.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 382C, Health and Safety Code,  by adding Section
382.065, as follows: 

 Sec. 382.065.  SHIPYARD FACILITIES. (a)  Defines "shipyard."

(b)  Requires the Texas Natural Resource Conservation Commission
(commission), in determining whether to issue, or in conducting a review
of, a permit or other authorization issued or adopted under this chapter
for a shipyard, to determine compliance according to land-based
off-property concentrations of air contaminants and prohibits the
commission from requiring or considering certain air dispersion modeling
results 

  (c)  Provides that this section does not limit the commission's authority
to take an   enforcement action in response to a condition that constitutes
a nuisance. 

SECTION 2. Provides that this Act takes effect September 1, 2001, and
applies to a permit or authorization issued under Chapter 382, Health and
Safety Code, on, before, or after that date and to applications for such a
permit or authorization filed on, before, or after that date.