HBA-JLV H.B. 2518 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2518 By: Kuempel Environmental Regulation 6/14/2001 Enrolled 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, prior to the 77th Legislature, there were concerns that some of the provisions governing the permit amendment process were ambiguous because it was unclear if some modifications required 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. House Bill 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 House Bill 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. In considering a permit amendment, TNRCC is required to consider any adjudicated decision 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. EFFECTIVE DATE September 1, 2001.