HBA-KMH C.S.H.B. 3678 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3678 By: Kuempel Environmental Regulation 4/22/1999 Committee Report (Substituted) 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. C.S.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 Sections 382.0518(c) and (f), Health and Safety Code, to make conforming changes. SECTION 2. Amends Subchapter C, Chapter 382, Health and Safety Code, by adding Section 382.0519, as follows: Sec. 382.0519. PERMIT AMENDMENTS. (a) Provides that before work is begun on the modification of a facility permitted under Section 382.0518 (Preconstruction Permit), Health and Safety Code, or the construction of a facility at a site with at least one facility permitted under Section 382.0518, the person planning the modification or construction must obtain: _a permit; _a permit amendment issued under this section; or _an exemption adopted under Section 382.057 (Exemption), Health and Safety Code. (b) Requires and applicant for a permit amendment to provide notice of the applicaton under Section 382.056 (Notice of Intent to Obtain Permit or Permit Review; Hearing), Health and Safety Code. Provides that this subsection does not apply to an application if the emissions authorized by the permit amendment will decrease and not change in character. (c) Requires TNRCC to issue 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 and no indication that the emissions from the facility will contravene the intent of this chapter. (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 applicant's past performance and compliance with state and federal laws governing air contaminants, or addressing permits or orders issued by TNRCC. SECTION 3. Repealer: Section 382.0518(h), Health and Safety Code, which provides that a reference to a permit in this section includes an amendment to a permit. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3678 modifies the original in by adding a new SECTION 1, amending Sections 382.0518(c) and (f), Health and Safety Code, to make conforming changes. C.S.H.B. 3678 modifies the original in SECTION 2 (proposed Section 382.0519, Health and Safety Code), redesignated from SECTION 1 of the original, to clarify that the permit referenced by this section is a permit under Section 382.0518, Health and Safety Code. The substitute also provides that the person planning a modification must obtain a permit, a permit amendment, or an exemption adopted under Section 382.057, Health and Safety Code. Additionally, the substitute requires an applicant to provide notice as prescribed by Section 382.056, Health and Safety Code. The substitute restricts application of this section to an application if the emissions authorized by the permit amendment will decrease and not change in character. The substitute makes nonsubstantive changes. C.S.H.B. 3678 adds new SECTION 3 to repeal Section 382.0518(h), Health and Safety Code, which provided that a reference to a permit in this section includes an amendment to a permit. C.S.H.B. 3678 adds new SECTION 4 to provide that the effective date of this Act is September 1, 1999, rather than upon passage as set out in SECTION 2 of the original. C.S.H.B. 3678 redesignates SECTION 2 (long emergency clause) of the original to SECTION 5 (short emergency clause).