77R10923 JJT-F By Geren H.B. No. 3040 Substitute the following for H.B. No. 3040: By Bonnen C.S.H.B. No. 3040 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to air pollutant emissions permitting requirements for 1-3 shipyard facilities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter C, Chapter 382, Health and Safety Code, 1-6 is amended by adding Section 382.065 to read as follows: 1-7 Sec. 382.065. SHIPYARD FACILITIES. (a) In this section, 1-8 "shipyard" means a shipbuilding or ship repair operation. 1-9 (b) In determining whether to issue, or in conducting a 1-10 review of, a permit or other authorization issued or adopted under 1-11 this chapter for a shipyard, the commission: 1-12 (1) may not require and may not consider air 1-13 dispersion modeling results predicting ambient concentrations of 1-14 noncriteria pollutants over coastal waters of the state; and 1-15 (2) shall determine compliance with noncriteria 1-16 ambient air pollutant standards and guidelines according to the 1-17 land-based off-property concentrations of air contaminants. 1-18 (c) This section does not limit the commission's authority 1-19 to take an enforcement action in response to a condition that 1-20 constitutes a nuisance. 1-21 SECTION 2. This Act takes effect September 1, 2001, and 1-22 applies to a permit or authorization issued under Chapter 382, 1-23 Health and Safety Code, on, before, or after that date and to 1-24 applications for such a permit or authorization filed on, before, 2-1 or after that date.