HBA-JLV H.B. 3584 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3584
By: Hochberg
Environmental Regulation
3/20/2001
Introduced



BACKGROUND AND PURPOSE 

An "upset" emission is defined as an accidental, unanticipated release of
air pollution emissions.  Texas Natural Resource Conservation Commission
(TNRCC) rules do not set levels or limits on upset emissions. TNRCC rules
allow any company, regardless of compliance history, that has experienced
an upset or maintenance event to be exempt from enforcement action for
exceeding permit emissions limits if it meets the 24 hour reporting rule
and on-site record keeping requirements.  However, the frequency of
unplanned upset events raises concerns that the upsets may be part of
normal operating procedures.  Additionally, the lack of accurate upset
emissions data makes it difficult to assess the full impact of industrial
toxic emissions on surrounding air quality or on public health.  House Bill
3584 sets forth provisions to monitor and regulate the amount of air
pollution emissions upsets or accidents from a facility and provides for
civil and administrative penalties. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking is
expressly delegated to the Texas Natural Resource Conservation Commission
in SECTION 1 (Section 382.0215, Health and Safety Code) of this bill. 

ANALYSIS

House Bill 3584 amends the Health and Safety Code to set forth provisions
relating to the monitoring and regulation of air pollution emissions upsets
or accidents and provides civil and administrative penalties.  The bill
requires a facility to report to the Texas Natural Resource Conservation
Commission (TNRCC) each air pollutant emission caused by a sudden,
unavoidable event that results from an accident, upset, or maintenance,
including a cause beyond the control of the operator of the facility.  The
bill provides that the report must be accompanied by a fee in an amount
determined by TNRCC and a technical analysis of the emissions event.  The
bill requires a permitted facility to install and operate a continuous
measurement and monitoring system to detect and document the occurrence of
each emissions event. 

The bill requires a facility to perform a technical analysis of each
emissions event that exceeds a threshold established by TNRCC rule and sets
forth provisions regarding the analysis.  The bill authorizes TNRCC by rule
to require a permitted facility to acquire emissions credits to offset
emissions events providing that the acquisition is consistent with the
state implementation program. 

The bill requires TNRCC to establish by rule and include the maximum number
and the maximum volume of emissions events that may occur in a year before
TNRCC may take action to revoke the facility's permit or another
enforcement action.  The bill requires TNRCC to enforce rules concerning
emissions events by means of civil or administrative penalties or by
injunctive relief.  The bill prohibits TNRCC from exempting excess emission
from penalties or injunctive relief.  The bill authorizes TNRCC to exercise
enforcement discretion in consideration of the unavoidable nature of any
excess emissions.  The bill requires TNRCC to develop and implement
policies to limit the cumulative effects of emissions from maintenance,
startups, and shutdowns of facilities. 

 The bill requires TNRCC to conduct a pilot project, designed by TNRCC,
using aircraft-borne monitoring devices to detect unauthorized air
pollutant emissions events from permitted facilities.  The bill requires
TNRCC to report to the 79th Legislature on the results of the pilot project
and include with the report recommendations regarding the use of
aircraft-borne monitoring devices as a component of an air pollutant
emissions enforcement strategy.  The pilot project is funded by a fee of
$200 imposed by TNRCC on each reportable upset.  The bill provides that
these provisions expire on September 1, 2005. 

EFFECTIVE DATE

September 1, 2001.