Each Texas State agency is reviewed by the Texas Legislature every 12 years in a process called Sunset Review. Last year, the Sunset Review Commission made several recommendations to improve the operation and effectiveness of the TNRCC regarding such issues as public representation, conflicts of interest, and written complaints. House Bill 2912 lists the Sunset Advisory Commission recommendations and calls for TNRCC to continue as an agency until September 1, 2013.

In the past, the TNRCC has worked toward the benefit of the regulated community and ignored citizen complaints. In this session, the legislature will decide which of the Sunset suggestions will become law to make the TNRCC more responsive to the public and protective of public health. Several separate bills will address specific recommendations.

The Grandfather Loophole

Senate Bill 766 was passed in the last legislative session, giving older industrial plants that were exempt from state permitting requirements two years to voluntarily obtain a special permit. The voluntary bill resulted in less than a 1% reduction in air pollution from plants that were grandfathered in 1997. Pending legislation (HB 356) in this session could finally close the grandfather loophole and require all plants to obtain a permit regardless of when they were built.

State Implementation Plan

The Clean Air Plan developed by the TNRCC for the Houston-Galveston (H-G) area is insufficient to meet the ozone standard by 2007. Various control measures in addition to those required by the TNRCC are needed to make the required emission reductions. Senate Bill 5 (SB5) includes a list of these additional emission reductions and establishes a program of incentives funded by surcharges on construction equipment, on-road diesel vehicles, commercial motor vehicles, taxis and certain off-road sources and fuels. The bill also calls for an additional Texas emissions reductions plan fee on motor vehicle registrations.

SB5 encourages emission reductions through incentives. It establishes a grant program to fund projects that would reduce emissions in the H-G area through the use of alternative fuels, new model low-emissions vehicles, and new technology development. Other parts of the bill call for incentives to reduce diesel emissions and to replace the morning construction ban with other reductions. SB5 also provides for a tax exemption on the purchase of energy-efficient appliances and high-efficient heating, cooling and water heating equipment.

Industrial "Upsets"

"Upsets" are unplanned pollution emissions from industry that are due to accidents or maintenance activities such as start up, shut down, or cleaning. Essentially, the only regulation in Texas is that an upset must be reported to the state within 24 hours and the company must demonstrate that it was not reasonably avoidable. Many companies with repeated upsets are not inspected by the State, and others avoid permit limitations on air emissions by calling "upsets" routine maintenance. HB 3584 will require better reporting of upsets and eliminate the loophole that permits repeated upsets and requires no preventive action.

You can follow the progress of these bills on the Texas Legislature Online website http://www.capitol.state.tx.us/. You can also identify your legislator and find out his/her contact information in Austin and in Houston by entering your home address. Policy change can be a very effective method of reducing emissions and one that will result in cleaner air for our children.