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


Office of House Bill AnalysisH.B. 3040
By: Geren
Environmental Regulation
3/25/2001
Introduced



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.  Before granting a permit, TNRCC tests for noncriteria
ambient pollutants in a manner determined by the executive director.
Because TNRCC's testing method can differ from federal testing methods it
is possible that a shipyard that is 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 over a land-based occupied
structure, rather than 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 waters of the state.  The
bill  requires TNRCC to determine compliance with noncriteria ambient air
pollutant standards and guidelines from the shipyard at the nearest
land-based permanent occupied structure.  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.