HBA-SEP H.B. 356 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 356
By: Zbranek
Environmental Regulation
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Clean Air Act exempts from state air permitting requirements
sources that were in existence or under construction when the Act was
passed in 1971.  Such a facility, referred to as a grandfathered facility
or source, is not required to obtain a permit for air emissions unless the
facility is modified.  The 76th Legislature created the Voluntary Emissions
Reduction Permit program to encourage grandfathered facilities and sources
to obtain a permit and reduce air emissions.  However, the Texas Natural
Resource Conservation Commission's  report confirms that only 74 tons of
the 898,025 tons of the 1997 baseline inventory of grandfathered emissions
have received a permit.  House Bill 356 repeals the exemption for
grandfathered facilities.  

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 356 amends the Health and Safety and the Utilities codes to
repeal the exemption for certain sources of air contaminant emissions from
preconstruction permit requirements. The bill authorizes the Texas Natural
Resource Conservation Commission (TNRCC) to grant a voluntary emissions
reduction permit only if the permit application was filed by September 1,
2001. 

The bill amends the Utilities Code to remove the provision allowing TNRCC,
upon finding good cause for an extension, to allow the operation of a
facility that does not obtain a permit for the emission of air contaminates
as required by the emissions reduction provisions relating to
grandfathered facilities. 

EFFECTIVE DATE

September 1, 2001.