HBA-JLV H.B. 2518 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2518
By: Kuempel
Environmental Regulation
6/14/2001
Enrolled



BACKGROUND AND PURPOSE 

Currently, the owner or operator of a facility is required to obtain a
permit for the construction of or the modification of the facility and the
Texas Natural Resource Conservation Commission (TNRCC) is allowed to issue
a permit amendment if the facility is using the best available control
technology.  However, prior to the 77th Legislature, there were concerns
that some of the provisions governing the permit amendment process were
ambiguous because it was unclear if some modifications required going
through the notification and hearing process again.  By allowing TNRCC to
issue permit amendments to certain approved applicants, older plants could
be encouraged to make modifications that would improve emissions without
having to go through the tedious notification and hearing process if their
total increase in emissions meets TNRCC's de minimus criteria.  House Bill
2518 excludes permit amendments from public notice and hearing requirements
under certain conditions. 

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. 

ANALYSIS

House Bill 2518 amends the Health and Safety Code to include the issuance
of permit amendments under provisions governing the issuance of
preconstruction permits issued by the Texas Natural Resource Conservation
Commission (TNRCC) and provisions regarding notice of intent to obtain a
permit, permit review, and hearings.   The bill provides that an applicant
for a permit amendment is excluded from public notice and hearing
requirements if the total emissions increase from all facilities authorized
under the amended permit will meet the de minimus criteria defined by TNRCC
rule and will not change in character. The bill also provides that notice
and hearing requirements do not apply to applicants for a permit amendment
for agricultural plants if the total emissions increase from all facilities
authorized under the permit amendment is not significant and will not
change in character.  In considering a permit amendment, TNRCC is required
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 the laws of
this state, another state, or the United States governing air contaminants
or with the terms of any permit or order issued by TNRCC. 

EFFECTIVE DATE

September 1, 2001.