HBA-JLV C.S.H.B. 2518 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2518 By: Kuempel Environmental Regulation 4/8/2001 Committee Report (Substituted) 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, there are concerns that some of the provisions governing the permit amendment process are ambiguous because it is unclear if some modifications require 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. C.S.H.B. 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 C.S.H.B. 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. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2518 modifies the original to include the issuance of permit amendments under provisions governing the issuance of preconstruction permits issued by the Texas Natural Resource Conservation Commission (TNRCC). The substitute requires an applicant for a permit amendment to publish public notice of intent to obtain the permit amendment and if necessary hold a public hearing. The substitute provides that an applicant is excluded from public notice and hearing requirements under certain conditions. The substitute removes provisions requiring an applicant for a permit amendment to provide notice of the application unless the emissions authorized by the permit amendment will decrease and will not change in character. The substitute removes provisions requiring TNRCC to issue the permit amendment within a reasonable time after TNRCC receives an application for a permit amendment to authorize a modification of or the construction of a facility if TNRCC finds that the facility will use at least the best available control technology and finds no indication that the emissions from the facility will contravene the protection of the public's health and physical property. The substitute removes provisions requiring TNRCC, in considering the permit amendment, to consider any adjudicated decisions 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.