HBA-SEP, AMW H.B. 128 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 128
By: West, George "Buddy"
Environmental Regulation
3/1/2001
Introduced



BACKGROUND AND PURPOSE 

Congress gave states the authority to assess a demonstration filed by a
federal land manager alleging that emissions from a proposed major emitting
facility or a major modification of an existing facility will have adverse
impacts to air-quality-related values in class I areas.  The Clean Air Act
provides that in "any case where the federal land manager demonstrates to
the satisfaction of the State that the emissions from such facility will
have an adverse impact on the air-quality-related values (including
visibility) of such lands ... a permit shall not be issued."  House Bill
128 requires the Texas Natural Resource Conservation Commission (TNRCC) to
represent the state for the purpose of assessing such a demonstration and
provides that TNRCC may concur with a demonstration if it establishes by a
preponderance of the evidence that emissions of a specific criteria air
pollutant from the proposed major emitting facility or major modification
will result in a significant adverse impact on a specific
air-quality-related value. 

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 128 amends the Health and Safety Code to require the Texas
Natural Resource Conservation Commission (TNRCC) to represent the state for
the purpose of assessing a demonstration filed by a federal land manager
alleging that the emissions from a proposed major emitting facility or a
major modification of an existing facility will have an adverse impact on
the air-quality-related values of a class I area.   

The bill defines "air-quality related value" as a feature or property,
including flora, fauna, a geologic feature, or a cultural resource, of an
area that may be affected by air pollution.  The bill defines "class I
area" as an international park, national wilderness area greater than 5,000
acres, national memorial park greater than 5,000 acres, or national park
greater than 6,000 acres.  "Class I area" also includes an area that has
been redesignated by the state as a class I area, and is greater than
10,000 acres, and is a national monument, national primitive area, national
preserve, national recreation area, national wild and scenic river,
national wildlife refuge, national lakeshore or seashore, or a national
park or wilderness area established after August 7, 1977. 

The bill authorizes TNRCC to concur in the demonstration if the area is a
class I area, and the demonstration establishes by a preponderance of the
evidence that emissions of a specific criteria air pollutant from the
facility will result in a significant adverse impact on a specific
air-quality-related value that was fundamental to the purpose for which the
area was established, or was an important attribute in the decision to
redesignate the area as class I.  The bill also authorizes TNRCC to concur
in the demonstration if the area is a class I area and the demonstration
establishes by scientifically reliable evidence that concentrations of a
specific criteria air pollutant that are likely to occur as a result of
emissions into the ambient air from the facility will result in a
significant adverse impact on a specific air-quality-related value of the
area.   

 The bill provides that the federal land manager must file the
demonstration with TNRCC on or before 30 days after the date the
administrator of the United States Environmental Protection Agency provides
the federal land manager notice of a permit application relating to the
proposed major emitting facility or major modification.  The bill requires
TNRCC to determine  whether to concur in the demonstration not later than
30 days after receipt of the demonstration, and to notify the federal land
manager and the owner or operator of the major emitting facility of the
determination not later than 10 days after the date the determination is
made.  H.B. 128 prohibits TNRCC from issuing a permit relating to the
proposed facility or modification, if TNRCC determines that the proposed
major emitting facility or major modification will have a significant
adverse impact on an air-quality-related value of a class I area, unless
the owner or operator of the facility demonstrates by scientifically
reliable evidence that it has mitigated that adverse impact by obtaining
enforceable and permanent emissions reductions to offset the adverse
impact.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.