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


Office of House Bill AnalysisC.S.H.B. 3040
By: Geren
Environmental Regulation
4/2/2001
Committee Report (Substituted)



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.  C.S.H.B. 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

C.S.H.B. 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3040 modifies the original by replacing Texas Natural Resource
Conservation Commission's (TNRCC) location for determining compliance with
noncriteria ambient air pollutant standards from the nearest land-based
permanent occupied structure to the land-based off-property concentrations
of air contaminants. The substitute specifies that the waters of the state
that TNRCC is prohibited from requiring or considering air dispersion
modeling results predicting ambient concentrations of noncriteria air
pollutants are coastal waters.  C.S.H.B. 3040 also modifies the definition
of "shipyard" from a shipyard or shipyard repair facility located over or
adjacent to waters of this state to a shipbuilding or ship repair
operation.