HBA-KMH H.B. 3678 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3678
By: Kuempel
Environmental Regulation
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

In 1995, the legislature passed S.B. 1126, which related to changes made at
certain facilities which release air contaminants.  The legislation also
included a reference to permit amendments in Section 382.0518
(Preconstruction Permit), Health and Safety Code.  This reference was
intended to clarify that amendments to a permit had to meet the same
criteria of best available control technology and protection of public
health as does a permit for a new facility under Section 382.0518.
However, later legislation altered the treatment of permit amendments in
other sections of the Texas Clean Air Act. 

H.B. 3678 provides that in order to modify a permitted facility an amended
permit is necessary.  This bill also requires TNRCC to authorize the
amended permit if the modification will not alter the standards of the
facility regarding air contaminants.  Additionally, this bill requires
TNRCC to consider certain past actions of an applicant in determining
whether to authorize the amended permit. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 382, Water Code (Chapter 382,
Health and Safety Code, relates to Clean Air Act), by adding Section
382.0519, as follows: 

Sec.  382.0519.  PERMIT AMENDMENTS.  (a) Provides that before work is begun
on the modification of a permitted facility, or the construction of a
facility at a site with at least one permitted facility, the person
planning the construction must obtain a permit or permit amendment from the
Texas Natural Resource Conservation Commission (TNRCC). 

(b) Requires TNRCC to grant within a reasonable time a permit amendment if,
from the information available to TNRCC it finds that any facility
authorized by the amended permit will use at least the best available
control technology practicable, no indication that the emissions from the
facility will contravene the intent of this chapter, and the emissions
authorized by the amended permit will not increase or change in character,
if a facility is constructed. 

(d) Requires TNRCC to consider any adjudicated decision or compliance
proceeding within the five years before the date on which the application
was filed that addressed the application's past performance and compliance
with state and federal laws governing air contaminants, or addressing
permits or orders issued by TNRCC. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.