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2008 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources Subcommittee Special Subcommittee on SB423

Whipple (Chairman), Deeds, Stuart

Clerk: Hobie Lehman
Staff: Martin Farber, Ellen Porter
Date of Meeting: February 8, 2008
Time and Place: 8am, 3rd Floor East Conference Room

S.B. 423

Patron: Puckett

Department of Environmental Quality; State Air Pollution Control Board and State Water Control Board. Vests the authority to issue and enforce permits (including general permits), licenses, and certificates related to air and water pollution with the Director of the Department of Environmental Quality. As a result of this change, restrictions on board membership have been lifted to allow broader participation from members affiliated with industry. A process has been established to provide for public hearings when there is substantial public interest in the permit, there are significant legal or factual issues that are both germane to the draft permit and within the Department’s jurisdiction, and the public hearing could provide additional information. After a public hearing, the Director may convene a meeting before the Board when there are significant legal or factual issues that are both germane to the draft permit and within the Department’s jurisdiction, such issues are capable of resolution by the exercise of the Director’s authority, and the Director’s ability to address and resolve those issues would be enhanced by the Board’s participation and advice. The Board may make recommendations to the Director, who may incorporate such conditions into the permit if they: (i) are within the statutory authority of the Department; (ii) were not addressed by the Department in preparing the draft permit; (iii) either provide substantial additional protection to the environment, public health, or natural resources or provide substantially the same level of protection in a more effective or efficient manner; (iv) are consistent with the statutory and regulatory program under which the permit is issued; (v) are technologically and economically feasible; and (vi) do not unfairly or unreasonably burden the applicant with costs or delays that would, in the Director’s judgment, be disproportionate to the benefits reasonably to be expected from them. Additionally, the membership of the State Air Pollution Control Board is increased from five to seven.