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.