HBA-LJP H.B. 3040 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3040
By: Geren
Environmental Regulation
6/14/2001
Enrolled



BACKGROUND AND PURPOSE 

Shipyards conduct abrasive blasting and painting operations either
immediately adjacent to or directly over bodies of water.  Under the
federal Clean Air Act, the United States Environmental Protection Agency
has established national ambient air quality standards (NAAQS) and
authorizes the Texas Natural Resource Conservation Commission (TNRCC) to
grant permits for new or modified operations in shipyards to regulate
emitted pollutants.  Prior to the 77th Legislature, before granting a
permit, TNRCC tested for noncriteria ambient pollutants in a manner
determined by the executive director.  Because TNRCC's testing method could
have differed from federal testing methods it was possible that a shipyard
that was complying with the NAAQS would not be able to obtain a permit.
House Bill 3040 provides for the testing of noncriteria ambient pollutants
at shipyards according to the land-based off-property, rather than over a
body of water, to determine compliance with the NAAQS to permit a new or
modified operation at the shipyard. 

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 3040 amends the Health and Safety Code to prohibit the Texas
Natural Resource Conservation Commission (TNRCC) from requiring or
considering air dispersion modeling results predicting ambient
concentrations of noncriteria pollutants over coastal waters of the state.
The bill requires TNRCC to determine compliance with noncriteria ambient
air pollutant standards and guidelines from the shipyard according to the
land-based off-property concentrations of air contaminants.  The bill
provides that provisions relating to shipyard facilities do not limit the
authority of TNRCC to take an enforcement action in response to a condition
that constitutes a nuisance. 

EFFECTIVE DATE

September 1, 2001.