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.