Highlights of the 76th Texas Legislature - Senate

__________ NATURAL RESOURCES/GENERAL
Provides that the Texas Natural Resource Conservation Commission (TNRCC) will
assume the lead role in coordinating the state estuary program, and names the Parks and
Wildlife Department, the Texas Department of Transportation, the Railroad Commission
of Texas, the State Soil and Water Conservation Board, the Texas Water Development
Board, Texas Department of Health, and the General Land Office as participants.
Requires funding for the implementation of approved comprehensive conservation and
management plans to be shared by the state, local governments in the area of the
estuaries, and the federal government.
VOLUNTARY COMPLIANCE BY GRANDFATHERED FACILITIES - S.B. 766
by Senator Brown
House Sponsors: Representatives Allen and Chisum
Establishes procedures for the Texas Natural Resource Conservation Commission
(TNRCC) to issue permits outside the standard rulemaking process, and creates a
voluntary emission reduction program for unpermitted, grandfathered facilities that apply
for a permit under this program no later than September 1, 2001.
Provides TNRCC with flexibility in securing a reduction of emissions from grandfathered
facilities. The bill establishes the basic standard for emissions control, the best available
control technology, that was available 120 months, or ten years, prior to the permit
application, but also allows TNRCC to take into account the age and remaining useful
life of the facility. Special considerations are created based on whether the plant exists in
a Clean Air Attainment or Non-Attainment Zone under the federal Clean Air Act, and
whether the plant is located in proximity to a school, child day care facility, hospital, or
nursing home. The bill also enables facilities that are deemed incapable of retrofitting
their facilities to meet proposed emissions reductions to engage in mitigation projects to
reduce air pollution by other means, and creates a “small business stationary source
assistance program” for smaller businesses requiring special assistance to reduce their air
contaminants.
Authorizes TNRCC to issue a single “multiple plant permit” for multiple existing
facilities owned or operated by the same person. The multiple plant permit provision
relaxes the current requirement under which a company must obtain a permit from
TNRCC prior to constructing a new facility that will comprise part of an existing plant, or
modifying an existing facility, if the new plant or modification will increase the emission
of air contaminants.
Authorizes TNRCC to adopt rules to set de minimis levels of air contaminants, below
which no air quality preconstruction authorization would be necessary.
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Senate Research Center 272 76 th Legislature