Highlights 77th Texas Legislature - Senate

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NATURAL RESOURCES/General
77 th Texas Legislature
Requires TNRCC to develop a uniform standard for evaluating compliance history of regulated entities.
Includes classification standards for evaluation of compliance history and methods of assessing compliance
history when such information is not complete. Requires consideration of compliance history in granting
permits or permit amendments for activities under agency jurisdiction.
Regulation of Air Pollution
Requires TNRCC to establish a program for evaluation and regulation of “emissions events,” or
unauthorized emissions of air contaminants from an emissions point.
Requires central tracking, electronic reporting and development of a centralized database for emissions
events, accessible to the public. Requires establishment of criteria for determining when emissions events
are excessive and development and implementation of a corrective action plan.
Requires any unpermitted (“grandfathered”) facilities that emit air emissions to apply for permits by
September 2003, for facilities in the eastern part of Texas, and by September 2004, for those in the
western portion of the state. Requires such facilities to obtain permits by 2006 for east Texas and by 2007
for west Texas. Defines east Texas as all counties east of Interstate Highway 35 plus Bexar, Bosque,
Coryell, Hood, Parker, Somervell, and Wise counties, and west Texas as all other counties.
Specifies a 50-percent reduction in emissions from pipeline facilities in east Texas and a 20-percent
reduction from these facilities in west Texas. Details permit requirements for existing facilities, small
business stationary sources, electric generating facilities, and pipeline facilities.
New and Transferred Programs; Accreditation and Certification
Requires that environmental data and analysis be accepted only from laboratories accredited by TNRCC
according to the National Environmental Laboratory Accreditation Program, the federal government, or inhouse
facilities periodically inspected by the agency. Authorizes TNRCC discretion in this matter in
emergencies.
Requires TNRCC to adopt rules for the administration of the voluntary environmental testing laboratory
accreditation program consistent with national standards.
Establishes the Texas Environmental Health Institute (institute) to examine ways to identify, treat, manage,
prevent, and reduce health problems associated with environmental contamination. Requires TNRCC to
enter into an agreement with the Texas Department of Health (TDH) to establish the institute. Requires the
institute to conduct a pilot project at the RSR West Dallas site and Cadillac Heights site.
Requires TNRCC to establish a program to certify water treatment specialists.
Transfers the safe drinking water laboratory certification program and environmental testing laboratory
testing certification program from TDH to TNRCC.
Provides for an interim study on the office of natural resource public interest counsel to be conducted jointly
by representatives of both legislative houses.
Safeguards and Remediation
Senate Research Center 226