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.