By Geren H.B. No. 3040 77R7715 JJT-F 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 shipyard or shipyard repair facility located 1-9 over or adjacent to waters of this state. 1-10 (b) In determining whether to issue, or in conducting a 1-11 review of, a permit or other authorization issued or adopted under 1-12 this chapter for a shipyard, the commission: 1-13 (1) may not require and may not consider air 1-14 dispersion modeling results predicting ambient concentrations of 1-15 noncriteria pollutants over waters of the state; and 1-16 (2) shall determine compliance with noncriteria 1-17 ambient air pollutant standards and guidelines from the shipyard at 1-18 the nearest land-based permanent occupied structure. 1-19 (c) This section does not limit the commission's authority 1-20 to take an enforcement action in response to a condition that 1-21 constitutes a nuisance. 1-22 SECTION 2. This Act takes effect September 1, 2001, and 1-23 applies to a permit or authorization issued under Chapter 382, 1-24 Health and Safety Code, on, before, or after that date and to 2-1 applications for such a permit or authorization filed on, before, 2-2 or after that date.