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.