H.B. No. 2049
    1-1                                AN ACT
    1-2  relating to the representation of the general public on the Texas
    1-3  Natural Resource Conservation Commission, the confidentiality of
    1-4  information submitted to the Texas Air Control Board, and the
    1-5  effective administration of air quality permitting programs,
    1-6  including compliance with federal Clean Air Act requirements.
    1-7        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-8        SECTION 1.  Section 5.052(a), Water Code, is amended to read
    1-9  as follows:
   1-10        (a)  The commission is composed of three members who are
   1-11  appointed by the governor with the advice and consent of the senate
   1-12  to represent the general public.
   1-13        SECTION 2.  Section 381.020, Health and Safety Code, is
   1-14  amended and renumbered to read as follows:
   1-15        Sec. 382.040 <381.020>.  DOCUMENTS; PUBLIC PROPERTY.  All
   1-16  information, documents, and data collected by the board in
   1-17  performing its duties are state property.  Subject to the
   1-18  limitations of Section 382.041 <381.022>, all board records are
   1-19  public records open to inspection by any person during regular
   1-20  office hours.
   1-21        SECTION 3.  Section 381.022, Health and Safety Code, is
   1-22  amended and renumbered to read as follows:
   1-23        Sec. 382.041 <381.022>.  CONFIDENTIAL INFORMATION.
    2-1  (a)  Except as provided by Subsection (b), a <A> member, employee,
    2-2  or agent of the board may not disclose information submitted to the
    2-3  board relating to secret processes or methods of manufacture or
    2-4  production that is identified as confidential when submitted.
    2-5        (b)  A member, employee, or agent of the board may disclose
    2-6  information confidential under Subsection (a) to a representative
    2-7  of the United States Environmental Protection Agency on the request
    2-8  of a representative of that agency if:
    2-9              (1)  at the time of disclosure the member, employee, or
   2-10  agent notifies the representative that the material has been
   2-11  identified as confidential when submitted; and
   2-12              (2)  the board, before the information is disclosed,
   2-13  has entered into an agreement with the United States Environmental
   2-14  Protection Agency that ensures that the agency treats information
   2-15  identified as confidential as though it had been submitted by the
   2-16  originator of the information with an appropriate claim of
   2-17  confidentiality under federal law.
   2-18        SECTION 4.  Section 382.003(9), Health and Safety Code, is
   2-19  amended to read as follows:
   2-20              (9)  "Modification of existing facility" means any
   2-21  physical change in, or change in the method of operation of, a
   2-22  stationary source in a manner that increases the amount of any air
   2-23  pollutant emitted by the source into the atmosphere or that results
   2-24  in the emission of any air pollutant not previously emitted.  The
   2-25  term does not include:
    3-1                    (A)  insignificant increases in the amount of any
    3-2  air pollutant emitted that is authorized by one or more board
    3-3  exemptions;
    3-4                    (B)  insignificant increases at a permitted
    3-5  facility; <or>
    3-6                    (C)  maintenance or replacement of equipment
    3-7  components that do not increase or tend to increase the amount or
    3-8  change the characteristics of the air contaminants emitted into the
    3-9  atmosphere; or
   3-10                    (D)  an increase in the annual hours of operation
   3-11  unless the existing facility has received a preconstruction permit
   3-12  or has been exempted, pursuant to Section 382.057, from
   3-13  preconstruction permit requirements.
   3-14        SECTION 5.  Sections 382.032(a), (b), and (e), Health and
   3-15  Safety Code, are amended to read as follows:
   3-16        (a)  A person affected by a ruling, order, decision, or other
   3-17  act of the board or of the executive director, if an appeal to the
   3-18  board is not provided, may appeal the action by filing a petition
   3-19  in a district court of Travis County.
   3-20        (b)  The petition must be filed within 30 days after the date
   3-21  of the board's or executive director's action or, in the case of a
   3-22  ruling, order, or decision, within 30 days after the effective date
   3-23  of the ruling, order, or decision.  If the appeal relates to the
   3-24  board's failure to take final action on an application for a
   3-25  federal operating permit, a reopening of a federal operating
    4-1  permit, a revision to a federal operating permit, or a permit
    4-2  renewal application for a federal operating permit in accordance
    4-3  with Section 382.0542(b), the petition may be filed at any time
    4-4  before the board or the executive director takes final action.
    4-5        (e)  In an appeal of an <a board> action of the board or
    4-6  executive director other than cancellation or suspension of a
    4-7  variance, the issue is whether the action is invalid, arbitrary, or
    4-8  unreasonable.
    4-9        SECTION 6.  Sections 382.051(b) and (c), Health and Safety
   4-10  Code, are amended to read as follows:
   4-11        (b)  To assist in fulfilling its authorization provided by
   4-12  Subsection (a), the <The> board may issue:
   4-13              (1)  special permits for certain facilities;
   4-14              (2)  a general permit developed by rule for numerous
   4-15  similar sources subject to Section 382.054; <or>
   4-16              (3)  a standard permit developed by rule for numerous
   4-17  similar facilities subject to Section 382.0518;
   4-18              (4)  a single federal operating permit or
   4-19  preconstruction permit for multiple federal sources or facilities
   4-20  located at the same site; or
   4-21              (5)  other permits as necessary.
   4-22        (c)  The board may issue a federal operating permit for a
   4-23  federal source in violation only if the operating permit
   4-24  incorporates a compliance plan for the federal source<, as equipped
   4-25  by Section 503 of the federal Clean Air Act (42 U.S.C.  Section
    5-1  7661b), as added by Section 501 of the federal Clean Air Act
    5-2  Amendments of 1990 (Pub. L. No. 101-549) and any rules adopted by
    5-3  the board,> as a condition of the permit.
    5-4        SECTION 7.  Sections 382.0511(a) and (c), Health and Safety
    5-5  Code, are amended to read as follows:
    5-6        (a)  The board may consolidate into a single permit:
    5-7              (1)  any permits, special permits, or exemptions for a
    5-8  facility or federal source issued by the board before December 1,
    5-9  1991; or
   5-10              (2)  any permit issued by the board on or after
   5-11  December 1, 1991, with any permits, special permits, or exemptions
   5-12  issued or qualified for by that date.
   5-13        (c)  The board by rule may authorize changes in a federal
   5-14  source to proceed before the owner or operator obtains a federal
   5-15  operating permit or revisions to a federal operating permit if the
   5-16  owner or operator has obtained a preconstruction permit or permit
   5-17  amendment required by Section 382.0518 or an exemption allowed
   5-18  under Section 382.057.  <The board may allow changes within a
   5-19  permitted facility or a facility that has filed a timely and
   5-20  complete application for a federal operating permit under Section
   5-21  382.054 without requiring a permit revision if:>
   5-22              <(1)  the changes are not modifications under any
   5-23  provision of Title I of the federal Clean Air Act Amendments of
   5-24  1990 (Pub. L. No. 101-549);>
   5-25              <(2)  the changes do not cause emissions in excess of
    6-1  emissions allowable under the permit;>
    6-2              <(3)  the changes do not alter any permit condition;
    6-3  and>
    6-4              <(4)  the facility notifies the board in writing at
    6-5  least seven days in advance of the proposed changes, unless the
    6-6  board by rule provides a different time frame for emergencies.>
    6-7        SECTION 8.  Section 382.0513, Health and Safety Code, is
    6-8  amended to read as follows:
    6-9        Sec. 382.0513.  PERMIT CONDITIONS.  The board may establish
   6-10  <by rule> and enforce permit conditions consistent with this
   6-11  chapter.  Permit conditions of general applicability shall be
   6-12  adopted by rule <and rules adopted by the board>.
   6-13        SECTION 9.  Section 382.0514, Health and Safety Code, is
   6-14  amended to read as follows:
   6-15        Sec. 382.0514.  SAMPLING, <AND> MONITORING, AND
   6-16  CERTIFICATION.  The board may require, at the expense of the permit
   6-17  holder and as a condition of the permit:
   6-18              (1)  sampling and monitoring of a permitted federal
   6-19  source or facility; <and>
   6-20              (2)  certification of the compliance of the owner or
   6-21  operator of the permitted federal source with the terms and
   6-22  conditions of the permit and with all applicable requirements; and
   6-23              (3)  a periodic report of:
   6-24                    (A)  the results of sampling and monitoring; and
   6-25                    (B)  the certification of compliance <a regular
    7-1  periodic report of sampling and monitoring results>.
    7-2        SECTION 10.  Section 382.054, Health and Safety Code, is
    7-3  amended to read as follows:
    7-4        Sec. 382.054.  Federal Operating Permit.  Subject to Section
    7-5  382.0511(c), a <A> person may not operate a federal source unless
    7-6  the person has obtained a federal operating permit from the board
    7-7  under Section <Sections> 382.0541, <and> 382.0542, or 382.0543.
    7-8        SECTION 11.  Section 382.0541, Health and Safety Code, is
    7-9  amended to read as follows:
   7-10        Sec. 382.0541.  Administration and Enforcement of Federal
   7-11  Operating Permit.  (a)  The board may:
   7-12              (1)  require a federal source <subject> to obtain a
   7-13  permit under <Title III of> the federal Clean Air Act (42 U.S.C.
   7-14  Section 7401 et seq.) <Amendments of 1990 (Pub. L.  No. 101-549) to
   7-15  comply with that Act and regulations adopted under that Act>;
   7-16              (2)  require an existing facility or source to use, at
   7-17  a minimum, any applicable maximum achievable control technology
   7-18  required by the board or by the United States Environmental
   7-19  Protection Agency;
   7-20              (3)  require facilities or federal sources that are new
   7-21  or modified and are subject to Section 112(g) <a new or modified
   7-22  facility or source subject to Title III> of the federal Clean Air
   7-23  Act (42 U.S.C. Section 7412) <Amendments of 1990 (Pub. L. No.
   7-24  101-549)> to use, at a minimum, the more stringent of:
   7-25                    (A)  the best available control technology,
    8-1  considering the technical practicability and economic
    8-2  reasonableness of reducing or eliminating emissions from the
    8-3  proposed facility or federal source; or
    8-4                    (B)  any applicable maximum achievable control
    8-5  technology (MACT), including any MACT developed pursuant to Section
    8-6  112(g) of the federal Clean Air Act (42 U.S.C. Section 7412)<, as
    8-7  amended by Section 301 of the federal Clean Air Act Amendments of
    8-8  1990 (Pub. L. No. 101-549), required by the board or by the United
    8-9  States Environmental Protection Agency>;
   8-10              (4)  establish maximum achievable control technology
   8-11  requirements in accordance with Section 112(j) of the federal Clean
   8-12  Air Act (42 U.S.C. Section 7412) <on a case-by-case basis if the
   8-13  United States Environmental Protection Agency does not adopt those
   8-14  requirements>;
   8-15              (5)  issue initial permits with terms not to exceed
   8-16  five years for federal sources under Title <IV or> V of the federal
   8-17  Clean Air Act <Amendments of 1990 (Pub. L. No. 101-549)>, with
   8-18  <five-year> terms not to exceed five years for all subsequently
   8-19  issued or renewed permits;
   8-20              (6)  administer the use of emissions allowances under
   8-21  Section 408 of the federal Clean Air Act (42 U.S.C. Section
   8-22  7651g)<, as amended by Section 401 of the federal Clean Air Act
   8-23  Amendments of 1990 (Pub. L. No. 101-549)>;
   8-24              (7)  reopen and revise an affected federal operating
   8-25  permit if:
    9-1                    (A)  the permit has a <with a> term of three
    9-2  years or more remaining in order to incorporate requirements under
    9-3  the federal Clean Air Act (42 U.S.C. Section 7401 et seq.) adopted
    9-4  after the permit is issued; <and>
    9-5                    (B)  additional requirements become applicable to
    9-6  an affected source under the acid rain program;
    9-7                    (C)  the federal operating permit contains a
    9-8  material mistake;
    9-9                    (D)  inaccurate statements were made in
   9-10  establishing the emissions standards or other terms or conditions
   9-11  of the federal operating permit; or
   9-12                    (E)  a determination is made that the permit must
   9-13  be reopened and revised to assure compliance with applicable
   9-14  requirements;
   9-15              (8)  incorporate a federal implementation plan as a
   9-16  condition of a permit issued by the board;
   9-17              (9)  exempt federal sources from the obligation to
   9-18  obtain a federal operating permit;
   9-19              (10)  provide that all representations in an
   9-20  application for a permit under Title IV of the federal Clean Air
   9-21  Act (42 U.S.C. Sections 7651-7651o) are binding on the applicant
   9-22  until issuance or denial of the permit;
   9-23              (11)  provide that all terms and conditions of any
   9-24  federal operating permit required under Title IV of the federal
   9-25  Clean Air Act (42 U.S.C.  Sections 7651-7651o) shall be a complete
   10-1  and segregable section of the federal operating permit; and
   10-2              (12)  issue initial permits with fixed terms of five
   10-3  years for federal sources under Title IV of the federal Clean Air
   10-4  Act (42 U.S.C. Sections 7651-7651o) with fixed five-year terms for
   10-5  all subsequently issued or renewed permits.
   10-6        (b)  The board by rule shall provide for objection by the
   10-7  administrator to the issuance of any operating or general permit
   10-8  subject to Title V of the federal Clean Air Act (42 U.S.C. Sections
   10-9  7661-7661f) <Amendments of 1990 (Pub. L. No. 101-549)> and shall
  10-10  authorize the administrator to revoke and reissue, terminate,
  10-11  reopen, or modify a federal operating permit.
  10-12        (c)  This section does not affect the permit requirements of
  10-13  Section 382.0518, except that the board may consolidate with an
  10-14  existing permit issued under this section a permit required by
  10-15  Section 382.0518.
  10-16        (d)  The board promptly shall provide to the applicant notice
  10-17  of whether the application is complete.  Unless the board requests
  10-18  additional information or otherwise notifies the applicant that the
  10-19  application is incomplete before the 61st day after the board
  10-20  receives an application, the application shall be deemed complete.
  10-21        (e) <(d)>  Subsections <Subsection> (a)(3) and (4) do <does
  10-22  not prohibit the applicability of at least the best available
  10-23  control technology to a new or modified facility or federal source
  10-24  under Section 382.0518(b)(1).
  10-25        SECTION 12.  Section 382.0542, Health and Safety Code, is
   11-1  amended to read as follows:
   11-2        Sec. 382.0542.  Issuance of Federal Operating Permit; Appeal
   11-3  of Delay.  (a)  <The board shall grant a permit required by Section
   11-4  382.054 not later than 18 months after the date on which the board
   11-5  receives an administratively complete application if, from
   11-6  information available to the board, including information presented
   11-7  at any hearing held under Section 382.0561, the board finds that
   11-8  the facility or source for which the permit is sought meets the
   11-9  requirements of Subsection (b).>
  11-10        <(b)>  A federal <facility or> source is eligible for a
  11-11  permit required by Section 382.054 if from the information
  11-12  available to the board, including information presented at a
  11-13  hearing held under Section 382.0561, the board finds that:
  11-14              (1)  <emissions from the facility or source will comply
  11-15  with the intent of this chapter, including protection of the
  11-16  public's health and physical property;>
  11-17              <(2)>  the federal <facility or> source will use, at a
  11-18  minimum, any applicable maximum achievable control technology
  11-19  required by the board or by the United States Environmental
  11-20  Protection Agency;
  11-21              (2)  for a federal source that is new or modified and
  11-22  subject to Section 112(g) of the federal Clean Air Act (42 U.S.C.
  11-23  Section 7412) <(3)  for a new or modified source or facility
  11-24  subject to Title III of the federal Clean Air Act Amendments of
  11-25  1990 (Pub. L. No. 101-549)>, the federal source <or facility> will
   12-1  use, at a minimum, the more stringent of:
   12-2                    (A)  the best available control technology,
   12-3  considering the technical practicability and economic
   12-4  reasonableness of reducing or eliminating the emissions from the
   12-5  proposed federal <facility or> source; or
   12-6                    (B)  any applicable maximum achievable control
   12-7  technology required by the board or by the United States
   12-8  Environmental Protection Agency; and
   12-9              (3)  the federal <(4)  emissions from the facility or>
  12-10  source will comply with the following <all applicable>
  12-11  requirements, if applicable <of>:
  12-12                    (A)  Title V of the federal Clean Air Act (42
  12-13  U.S.C. Sections 7661-7661f) and the regulations adopted under that
  12-14  title;
  12-15                    (B)  each standard or other requirement provided
  12-16  for in the applicable implementation plan approved or adopted by
  12-17  rule of the United States Environmental Protection Agency under
  12-18  Title I of the federal Clean Air Act (42 U.S.C. Sections 7401-7515)
  12-19  that implements the relevant requirements of that Act, including
  12-20  any revisions to the plan;
  12-21                    (C)  each term or condition of a preconstruction
  12-22  permit issued by the commission or the United States Environmental
  12-23  Protection Agency in accordance with rules adopted by the
  12-24  commission or the United States Environmental Protection Agency
  12-25  under Part C or D, Title I of the federal Clean Air Act (42 U.S.C.
   13-1  7401-7515);
   13-2                    (D)  each standard or other requirement
   13-3  established under Section 111 of the federal Clean Air Act (42
   13-4  U.S.C. Section 7411), including Subsection (d) of that section;
   13-5                    (E)  each standard or other requirement
   13-6  established under Section 112 of the federal Clean Air Act (42
   13-7  U.S.C. Section 7412) including any requirement concerning accident
   13-8  prevention under Subsection (r)(7) of that section;
   13-9                    (F)  each standard or other requirement of the
  13-10  acid rain program established under Title IV of the federal Clean
  13-11  Air Act (42 U.S.C. Sections 7651-7651o) or the regulations adopted
  13-12  under that title;
  13-13                    (G)  each requirement established under Section
  13-14  504(b) or Section 114(a)(3) of the federal Clean Air Act (42 U.S.C.
  13-15  Section 7661c or 7414);
  13-16                    (H)  each standard or other requirement governing
  13-17  solid waste incineration established under Section 129 of the
  13-18  federal Clean Air Act (42 U.S.C. Section 7429);
  13-19                    (I)  each standard or other requirement for
  13-20  consumer and commercial products established under Section 183(e)
  13-21  of the federal Clean Air Act (42 U.S.C. Section 7511b);
  13-22                    (J)  each standard or other requirement for tank
  13-23  vessels established under Section 183(f) of the federal Clean Air
  13-24  Act (42 U.S.C. Section 7511b);
  13-25                    (K)  each standard or other requirement of the
   14-1  program to control air pollution from outer continental shelf
   14-2  sources established under Section 328 of the federal Clean Air Act
   14-3  (42 U.S.C. Section 7627);
   14-4                    (L)  each standard or other requirement of
   14-5  regulations adopted to protect stratospheric ozone under Title VI
   14-6  of the federal Clean Air Act (42 U.S.C. Sections 7671-7671q) unless
   14-7  the administrator has determined that the standard or requirement
   14-8  does not need to be contained in a Title V permit; and
   14-9                    (M)  each national ambient air quality standard
  14-10  or increment or visibility requirement under Part C of Title I of
  14-11  the federal Clean Air Act (42 U.S.C. Sections 7470-7492), but only
  14-12  as the standard, increment, or requirement would apply to a
  14-13  temporary source permitted under Section 504(e) of the federal
  14-14  Clean Air Act (42 U.S.C.  Section 7661c)
  14-15                    <(A)  Title III of the federal Clean Air Act
  14-16  Amendments of 1990 (Pub. L. No. 101-549);>
  14-17                    <(B)  Title IV of the federal Clean Air Act
  14-18  Amendments of 1990 (Pub. L. No. 101-549);>
  14-19                    <(C)  Sections 111 and 112 of the federal Clean
  14-20  Air Act (42 U.S.C.  Sections 7411 and 7412);>
  14-21                    <(D)  Parts C and D of Title I of the federal
  14-22  Clean Air Act (42 U.S.C. Sections 7470 et seq. and 7501 et seq.);>
  14-23                    <(E)  the state implementation plan requirements
  14-24  approved by the United States Environmental Protection Agency;>
  14-25                    <(F)  this chapter and rules adopted under this
   15-1  chapter; and>
   15-2                    <(G)  the federal Clean Air Act (42 U.S.C.
   15-3  Section 7401 et seq.), as revised>.
   15-4        (b)  The <(c)  If the> board shall:  <does not act>
   15-5              (1)  take final action on an application for a permit,
   15-6  permit revision, <a permit application> or permit renewal
   15-7  <application> within 18 months after <of> the date on which the
   15-8  board receives an administratively complete application;
   15-9              (2)  under an interim program, for those federal
  15-10  sources for which initial applications are required to be filed not
  15-11  later than one year after the effective date of the interim
  15-12  program, take final action on at least one-third of those
  15-13  applications annually over a period not to exceed three years after
  15-14  the effective date of the interim program;
  15-15              (3)  under the fully approved program, for those
  15-16  federal sources for which initial applications are required to be
  15-17  filed not later than one year after the effective date of the fully
  15-18  approved program, take final action on at least one-third of those
  15-19  applications annually over a period not to exceed three years after
  15-20  the effective date of the program; and
  15-21              (4)  take final action on a permit reopening not later
  15-22  than 18 months after the adoption of the requirement that prompted
  15-23  the reopening.
  15-24        (c)  If the board fails to take final action as required by
  15-25  Subsection (b)(1) or (4), a person affected by the board's failure
   16-1  to act may obtain judicial review under Section 382.032 at any time
   16-2  before the board takes final action.  A reviewing court may order
   16-3  the board to act on the application without additional delay if it
   16-4  finds that the board's failure to act is arbitrary or unreasonable.
   16-5        (d)  <In considering the issuance, amendment, or renewal of a
   16-6  permit, the board may consider any adjudicated decision or
   16-7  compliance proceeding within the five years before the date on
   16-8  which the application was filed that addressed the applicant's past
   16-9  performance and compliance with the laws of this state, another
  16-10  state, or the United States governing air contaminants or with the
  16-11  terms of any permit or order issued by the board.>
  16-12        <(e)>  Subsection (a)(2) <(b)(3)> does not prohibit the
  16-13  applicability of at least the best available control technology to
  16-14  a new or modified facility or federal source under Section
  16-15  382.0518(b)(1).
  16-16        SECTION 13.  Chapter 382, Health and Safety Code, is amended
  16-17  by adding Section 382.0543 to read as follows:
  16-18        Sec. 382.0543.  REVIEW AND RENEWAL OF FEDERAL OPERATING
  16-19  PERMIT.  (a)  In accordance with Section 382.0541(a)(5), a federal
  16-20  operating permit issued or renewed by the board is subject to
  16-21  review at least every five years after the date of issuance to
  16-22  determine whether the authority to operate should be renewed.
  16-23        (b)  The board by rule shall establish:
  16-24              (1)  the procedures for notifying a permit holder that
  16-25  the permit is scheduled for review in accordance with this section;
   17-1              (2)  a deadline by which the holder of a permit must
   17-2  submit an application for renewal of the permit that is between the
   17-3  date six months before expiration of the permit and the date 18
   17-4  months before expiration of the permit;
   17-5              (3)  the general requirements for an application; and
   17-6              (4)  the procedures for reviewing and acting on a
   17-7  renewal application.
   17-8        (c)  The board promptly shall provide to the applicant notice
   17-9  of whether the application is complete.  Unless the board requests
  17-10  additional information or otherwise notifies the applicant that the
  17-11  application is incomplete before the 61st day after the board
  17-12  receives an application, the application shall be deemed complete.
  17-13        (d)  The board shall take final action on a renewal
  17-14  application for a federal operating permit within 18 months after
  17-15  the date an application is determined to be administratively
  17-16  complete.  If the board does not act on an application for permit
  17-17  renewal within 18 months after the date on which the board receives
  17-18  an administratively complete application, a person who participated
  17-19  in the public participation process or a person affected by the
  17-20  board's failure to act may obtain judicial review under Section
  17-21  382.032 at any time before the board takes final action.
  17-22        (e)  In determining whether and under which conditions a
  17-23  permit should be renewed, the board shall consider:
  17-24              (1)  all applicable requirements in Section
  17-25  382.0542(a)(3); and
   18-1              (2)  whether the federal source is in compliance with
   18-2  this chapter and the terms of the existing permit.
   18-3        (f)  The board shall impose as terms and conditions in a
   18-4  renewed federal operating permit any applicable requirements under
   18-5  Title V of the federal Clean Air Act (42 U.S.C. Sections
   18-6  7661-7661f).  The terms or conditions of the renewed permit must
   18-7  provide for compliance with any applicable requirement under Title
   18-8  V of the federal Clean Air Act (42 U.S.C. Sections 7661-7661f).
   18-9  The board may not impose requirements less stringent than those of
  18-10  the existing permit unless the board determines that a proposed
  18-11  change will meet the requirements of Section 382.0541.
  18-12        (g)  If the applicant submits a timely and complete
  18-13  application for federal operating permit renewal, but the board
  18-14  fails to issue or deny the renewal permit before the end of the
  18-15  term of the previous permit:
  18-16              (1)  all terms and conditions of the permit shall
  18-17  remain in effect until the renewal permit has been issued or
  18-18  denied; and
  18-19              (2)  the applicant may continue to operate until the
  18-20  permit renewal application is issued or denied, if the applicant
  18-21  submits additional information that is requested in writing by the
  18-22  board that the board needs to process the application on or before
  18-23  the time specified in writing by the board.
  18-24        (h)  This section does not affect the board's authority to
  18-25  begin an enforcement action under Sections 382.082-382.084.
   19-1        SECTION 14.  Section 382.055, Health and Safety Code, is
   19-2  amended to read as follows:
   19-3        Sec. 382.055.  REVIEW AND RENEWAL OF PRECONSTRUCTION PERMIT.
   19-4  (a)  A preconstruction <Subject to Section 382.0541(a)(5), a>
   19-5  permit issued or renewed by the board <on or after December 1,
   19-6  1991,> is subject to review <every five years after the date of
   19-7  issuance> to determine whether the authority to operate should be
   19-8  renewed according to the following schedule:
   19-9              (1)  a preconstruction permit issued before December 1,
  19-10  1991, is subject to review not later than 15 years after the date
  19-11  of issuance;
  19-12              (2)  a preconstruction permit issued on or after
  19-13  December 1, 1991, is subject to review every 10 years after the
  19-14  date of issuance; and
  19-15              (3)  for cause, a preconstruction permit issued on or
  19-16  after December 1, 1991, for a facility at a nonfederal source may
  19-17  contain a provision requiring the permit to be renewed at a period
  19-18  of between five and 10 years.  <A permit issued before December 1,
  19-19  1991, is subject to review 15 years after the date of issuance.>
  19-20        (b)  The board by rule shall establish:
  19-21              (1)  a deadline by which the holder of a
  19-22  preconstruction permit must submit an application to renew <for
  19-23  review of> the permit;
  19-24              (2)  the general requirements for an application for
  19-25  renewal of a preconstruction permit <that must be met by the
   20-1  applicant>; and
   20-2              (3)  the procedures for reviewing and acting on renewal
   20-3  <review> applications.
   20-4        (c)  Not less than 180 days before the date on which the
   20-5  renewal application is due, the board shall provide written notice
   20-6  to the permit holder, by registered or certified mail, that the
   20-7  permit is scheduled for review in accordance with this section.
   20-8  The notice must include a description of the procedure for filing a
   20-9  renewal <review> application and the information to be included in
  20-10  the application.
  20-11        (d)  In determining whether and under which conditions a
  20-12  preconstruction permit should be renewed, the board shall consider,
  20-13  at a minimum:
  20-14              (1)  whether the facility is or has been in substantial
  20-15  compliance with this chapter and the terms of the existing permit;
  20-16  and
  20-17              (2)  the condition and effectiveness of existing
  20-18  emission control equipment and practices<; and>
  20-19              <(3)  all applicable requirements of the federal Clean
  20-20  Air Act Amendments of 1990 (Pub. L. No. 101-549)>.
  20-21        (e)  The board shall impose as a condition for renewal of a
  20-22  preconstruction permit <any applicable requirements of Title V of
  20-23  the federal Clean Air Act Amendments of 1990 (Pub. L. No. 101-549),
  20-24  as well as> those requirements determined to be economically
  20-25  reasonable and technically practicable considering the age of the
   21-1  facility and the effect of its emissions on the surrounding area.
   21-2  The board may not impose requirements less stringent than those of
   21-3  the existing permit unless the board determines that a proposed
   21-4  change will meet the requirements of Section <Sections> 382.0518
   21-5  <and 382.0541>.
   21-6        (f)  On or before the 180th day after the date on which an
   21-7  application for renewal is filed, the board shall renew the permit
   21-8  <In this subsection, a "reasonable time" may not exceed the time
   21-9  limitations established by the United States Environmental
  21-10  Protection Agency for federal sources under Title IV or V of the
  21-11  federal Clean Air Act Amendments of 1990 (Pub. L. No. 101-549).
  21-12  The board shall renew a permit within a reasonable time after the
  21-13  date on which a complete application is filed> or, if the board
  21-14  determines that the facility will not meet the requirements for
  21-15  renewing the permit, shall:
  21-16              (1)  set out in a report to the applicant the basis for
  21-17  the board's determination; and
  21-18              (2)  establish a schedule, to which the applicant must
  21-19  adhere in meeting the board's requirements, that:
  21-20                    (A)  includes a final date for meeting the
  21-21  board's requirements; and
  21-22                    (B)  requires completion of that action as
  21-23  expeditiously as possible.
  21-24        (g)  If the applicant meets the board's requirements in
  21-25  accordance with the schedule, the board shall renew the permit.  If
   22-1  the applicant does not meet those requirements in accordance with
   22-2  the schedule, the applicant must show in a contested case
   22-3  proceeding why the permit should not expire immediately.  The
   22-4  applicant's permit is effective until:
   22-5              (1)  the final date specified by the board's report to
   22-6  the applicant;
   22-7              (2)  the existing permit is renewed; or
   22-8              (3)  the date specified by a board order issued
   22-9  following a contested case proceeding held under this section.
  22-10        (h)  If the holder of a preconstruction permit to whom the
  22-11  board has mailed notice under <of> this section does not apply for
  22-12  renewal <review> of that permit by the date specified by the board
  22-13  under this section, the permit shall expire at the end of the
  22-14  period described in Subsection (a).<:>
  22-15              <(1)  a permit issued on or after December 1, 1991,
  22-16  expires five years after the date on which the permit is originally
  22-17  issued or, if the permit has been renewed, five years after the
  22-18  date on which the permit is last renewed; and>
  22-19              <(2)  a permit issued before December 1, 1991, expires
  22-20  15 years after the date on which the permit is originally issued
  22-21  or, if the permit has been renewed before December 1, 1991, 15
  22-22  years after the date on which the permit is last renewed.>
  22-23        (i)  This section does not affect the board's authority to
  22-24  begin an enforcement action under Sections 382.082-382.084.
  22-25        SECTION 15.  Sections 382.056(a)-(c), Health and Safety Code,
   23-1  are amended to read as follows:
   23-2        (a)  An applicant for a permit under Section 382.0518 or
   23-3  382.054 or a permit renewal review under Section 382.055 shall
   23-4  publish notice of intent to obtain the permit or permit review.
   23-5  The board by rule may require an applicant for a federal operating
   23-6  permit to publish notice of intent to obtain a permit or permit
   23-7  review consistent with federal requirements and with the
   23-8  requirements of this section.  The applicant shall publish the
   23-9  notice at least once in a newspaper of general circulation in the
  23-10  municipality in which the facility or federal source is located or
  23-11  is proposed to be located or in the municipality nearest to the
  23-12  location or proposed location of the facility or federal source.
  23-13  If the elementary or middle school nearest to the facility or
  23-14  proposed facility provides a bilingual education program as
  23-15  required by Section 21.109, Education Code, and Section 19 TAC
  23-16  Subsection 89.2(a), the applicant shall also publish the notice at
  23-17  least once in an additional publication of general circulation in
  23-18  the municipality or county in which the facility is located or
  23-19  proposed to be located that is published in the language taught in
  23-20  the bilingual education program.  This requirement is waived if
  23-21  such a publication does not exist or if the publisher refuses to
  23-22  publish the notice.  The board by rule shall prescribe when notice
  23-23  must be published and may require publication of additional notice.
  23-24  Notice required to be published under this section shall only be
  23-25  required to be published in the United States.
   24-1        (b)  The notice must include:
   24-2              (1)  a description of the location or proposed location
   24-3  of the facility or federal source;
   24-4              (2)  a statement that a person who may be affected by
   24-5  emissions of air contaminants from the facility, <or> proposed
   24-6  facility, or federal source is entitled to request a hearing from
   24-7  the board;
   24-8              (3)  a description of the manner in which the board may
   24-9  be contacted for further information; and
  24-10              (4)  any other information the board by rule requires.
  24-11        (c)  At the site of a facility, <or> proposed facility, or
  24-12  federal source for which an applicant is required to publish notice
  24-13  under this section <for which a permit application or permit review
  24-14  application is submitted>, the applicant shall place a sign
  24-15  declaring the filing of an application for a permit or permit
  24-16  review for a facility at the site and stating the manner in which
  24-17  the board may be contacted for further information.  The board
  24-18  shall adopt any rule necessary to carry out this subsection.
  24-19        SECTION 16.  Section 382.0561, Health and Safety Code, is
  24-20  amended to read as follows:
  24-21        Sec. 382.0561.  Federal Operating Permit:  Hearing.
  24-22  (a)  Public <The following public> hearings on applications for
  24-23  issuance, revision, reopening, or renewal of a federal operating
  24-24  permit shall be conducted under this section only and not under the
  24-25  Administrative Procedure and Texas Register Act (Article 6252-13a,
   25-1  Vernon's Texas Civil Statutes)<:>
   25-2              <(1)  a public hearing on a permit application for a
   25-3  federal operating permit under Sections 382.054-382.0542 that is
   25-4  not subject to Section 382.0518; or>
   25-5              <(2)  a public hearing on an application for renewal of
   25-6  a federal operating permit under Section 382.055>.
   25-7        (b)  On determination that an application for a federal
   25-8  operating permit under Sections 382.054-382.0542 or a renewal of a
   25-9  federal operating permit under Section 382.0543 <382.055> is
  25-10  administratively complete and before the beginning of the public
  25-11  comment period, the board or its designee shall prepare a draft
  25-12  permit.
  25-13        (c)  The board or its designee shall hold a public hearing on
  25-14  a federal operating permit, a reopening of a federal operating
  25-15  permit, or renewal application before granting the permit or
  25-16  renewal if within the public comment period a person who may be
  25-17  affected by the emissions or a member of the legislature from the
  25-18  general area in which the facility is located requests a hearing.
  25-19  The board or its designee is not required to hold a hearing if the
  25-20  basis of the request by a person who may be affected is determined
  25-21  to be unreasonable.
  25-22        (d)  The following shall be available for public inspection
  25-23  in at least one location in the general area where the facility is
  25-24  located:
  25-25              (1)  information submitted by the application, subject
   26-1  to applicable confidentiality laws;
   26-2              (2)  the executive director's analysis of the proposed
   26-3  action; and
   26-4              (3)  a copy of the draft permit.
   26-5        (e)  The board or its designee shall hold a public comment
   26-6  period on a federal operating permit application, a federal
   26-7  operating permit reopening application, or a federal operating
   26-8  permit renewal application under Sections 382.054-382.0542 or
   26-9  382.0543 <382.055>.  Any person may submit a written statement to
  26-10  the board during the public comment period.  The board or its
  26-11  designee <executive director> shall receive public comment for 30
  26-12  days after the date on which notice of the public comment period is
  26-13  published.  The board or its designee <executive director> may
  26-14  extend or reopen the comment period if the director finds an
  26-15  extension or reopening to be appropriate.
  26-16        (f)  Notice of the public comment period and opportunity for
  26-17  a hearing under this section shall be published in accordance with
  26-18  Section 382.056.
  26-19        (g)  Any person may submit an oral or written statement
  26-20  concerning the application at the hearing.  The individual holding
  26-21  the hearing may set reasonable limits on the time allowed for oral
  26-22  statements at the hearing.  The public comment period extends to
  26-23  the close of the hearing and may be further extended or reopened if
  26-24  the board or its designee <executive director> finds an extension
  26-25  or reopening to be appropriate.
   27-1        (h)  Any person, including the applicant, who believes that
   27-2  any condition of the draft permit is inappropriate or that the
   27-3  <executive director's> preliminary decision of the board or its
   27-4  designee to issue or deny a permit is inappropriate must raise all
   27-5  reasonably ascertainable issues and submit all reasonably available
   27-6  arguments supporting that  position by the end of the public
   27-7  comment period.
   27-8        (i)  The board or its designee <executive director> shall
   27-9  consider all comments received during the public comment period and
  27-10  at the public hearing in determining whether to issue the permit
  27-11  and what conditions should be included if a permit is issued.
  27-12        SECTION 17.  Section 382.0562, Health and Safety Code, is
  27-13  amended to read as follows:
  27-14        Sec. 382.0562.  Notice of Decision.  (a)  The board or its
  27-15  designee <executive director> shall send notice of a proposed final
  27-16  action <decision> on a federal operating permit by first-class mail
  27-17  to the applicant and all persons who comment during the public
  27-18  comment period or at the public hearing.  The notice shall include
  27-19  a response to any comment submitted during the public comment
  27-20  period and shall identify any change in the conditions of the draft
  27-21  permit and the reasons for the change.
  27-22        (b)  The notice required by Subsection (a) shall:
  27-23              (1)  state that any person affected by the decision of
  27-24  the board or its designee <executive director> may petition the
  27-25  administrator in accordance with Section 382.0563 and rules adopted
   28-1  under that section <appeal the decision to the board not later than
   28-2  the  30th day after the date on which notice was mailed>;
   28-3              (2)  state the date by which the petition <an appeal>
   28-4  must be filed; and
   28-5              (3)  explain the petition <appeal> process. <and
   28-6  explain that an appeal is a contested case hearing before the
   28-7  board; and>
   28-8              <(4)  state that a letter to the board stating that the
   28-9  person is appealing the decision constitutes an appeal of the
  28-10  decision.>
  28-11        SECTION 18.  Section 382.0563, Health and Safety Code, is
  28-12  amended to read as follows:
  28-13        Sec. 382.0563.  PUBLIC PETITION TO THE ADMINISTRATOR <APPEAL
  28-14  TO BOARD>.  (a)  The board by rule may provide for public petitions
  28-15  to the administrator in accordance with Section 505 of the federal
  28-16  Clean Air Act (42 U.S.C. Section 7661d).  <Any person, including
  28-17  the applicant, affected by a decision of the executive director
  28-18  under Section 382.0561 may appeal the decision to the board not
  28-19  later than the 30th day after the date on which notice was mailed.
  28-20  The issues on appeal must be identified with specificity in the
  28-21  request for a contested case hearing.>
  28-22        (b)  The petition for review to the administrator under this
  28-23  section does not affect:
  28-24              (1)  a permit issued by the board or its designee; or
  28-25              (2)  the finality of the board's or its designee's
   29-1  action for purposes of an appeal under Section 382.032.  <An appeal
   29-2  under this section is a contested case hearing under the
   29-3  Administrative Procedure and Texas Register Act (Article 6252-13a,
   29-4  Vernon's Texas Civil Statutes).>
   29-5        (c)  The board or its designee shall resolve any objection
   29-6  that the United States Environmental Protection Agency makes and
   29-7  terminate, modify, or revoke and reissue the permit in accordance
   29-8  with the objection not later than the 90th day after the date the
   29-9  board receives the objection.  <The filing of an appeal to the
  29-10  board under this section does not affect a permit issued by the
  29-11  executive director.  A final order by the board reversing or
  29-12  modifying the executive director's decision takes effect when it
  29-13  becomes final and appealable.>
  29-14        SECTION 19.  Section 382.0564, Health and Safety Code, is
  29-15  amended to read as follows:
  29-16        Sec. 382.0564.  Notification to Other Governmental Entities.
  29-17  The board by rule may <shall> allow for notification of and review
  29-18  by the administrator and affected states of permit applications,
  29-19  revisions, renewals, or draft permits <any permit application or
  29-20  draft permit> prepared under Sections 382.054-382.0543<382.0542 if
  29-21  notification and review is requested>.
  29-22        SECTION 20.  Section 382.057(a), Health and Safety Code, is
  29-23  amended to read as follows:
  29-24        (a)  Consistent with Section 382.0511, the board by rule may
  29-25  exempt from the requirements of Section 382.0518 <and Sections
   30-1  382.054-382.0542> changes within a permitted facility and certain
   30-2  types of facilities if it is found on investigation that such
   30-3  changes or types of facilities will not make a significant
   30-4  contribution of air contaminants to the atmosphere.  The board by
   30-5  rule shall exempt from the requirements of Section 382.0518 or
   30-6  issue a standard permit for the installation of emission control
   30-7  equipment that constitutes a modification or a new facility,
   30-8  subject to such conditions restricting the applicability of such
   30-9  exemption or standard permit that the board deems necessary to
  30-10  accomplish the intent of this chapter<, except as prohibited by the
  30-11  federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549)>.
  30-12  The board may not exempt any <source or> facility or any
  30-13  modification of an existing facility defined as "major" under the
  30-14  federal Clean Air Act <Amendments of 1990 (Pub.L.  No. 101-549)> or
  30-15  regulations adopted under that Act.  Nothing in this subsection
  30-16  shall be construed to limit the board's general power to control
  30-17  the state's air quality under Section 382.011(a).
  30-18        SECTION 21.  Section 382.059, Health and Safety Code, is
  30-19  amended to read as follows:
  30-20        Sec. 382.059.  Revocation of Permit or Exemption.  (a)  The
  30-21  board may revoke and reissue, terminate, or modify a federal
  30-22  operating permit, preconstruction permit, or exemption issued under
  30-23  this chapter if the board determines that:
  30-24              (1)  any of the terms of the federal operating permit,
  30-25  preconstruction permit, or exemption are being violated; <or>
   31-1              (2)  emissions from the proposed facility will
   31-2  contravene air pollution control standards set by the board or will
   31-3  contravene the intent of this chapter; or
   31-4              (3)  the federal operating permit contains a material
   31-5  mistake or that inaccurate statements were made in establishing the
   31-6  emissions standards or other terms or conditions of the federal
   31-7  operating permit.
   31-8        (b)  The board may:
   31-9              (1)  begin proceedings to revoke and reissue,
  31-10  terminate, or modify a permit if a violation at a facility is
  31-11  continued after 180 days following the date on which the notice of
  31-12  violation is provided under Section 382.082; and
  31-13              (2)  consider good faith efforts to correct the
  31-14  violation in deciding whether to revoke and reissue, terminate, or
  31-15  modify a federal operating permit, preconstruction permit, or
  31-16  exemption.
  31-17        (c)  Subsection (b)(1) does not affect the board's authority
  31-18  to bring suit for injunctive relief under Section 382.084.
  31-19        SECTION 22.  Section 382.0591, Health and Safety Code, is
  31-20  amended to read as follows:
  31-21        Sec. 382.0591.  Denial of Application for Permit; Assistance
  31-22  Provided by <Certain> Former or Current Employees.  (a)  The board
  31-23  shall deny an application for the issuance, amendment, renewal, or
  31-24  transfer of a permit and may not issue, amend, renew, or transfer
  31-25  the permit if the board determines that <a former employee>:
   32-1              (1)  a former employee participated personally and
   32-2  substantially as an employee in the board's review, evaluation, or
   32-3  processing of the application before leaving employment with the
   32-4  board; and
   32-5              (2)  after leaving employment with the board, that
   32-6  former employee provided assistance to the applicant for the
   32-7  issuance, amendment, renewal, or transfer of the permit, including
   32-8  assistance with preparation or presentation of the application or
   32-9  legal representation of the applicant.
  32-10        (b)  The board or the executive director may not issue a
  32-11  federal operating permit for a solid waste incineration unit if a
  32-12  member of the board or the executive director is also responsible
  32-13  in whole or in part for the design and construction or the
  32-14  operation of the unit.
  32-15        (c)  The board shall provide an opportunity for a hearing to
  32-16  an applicant before denying an application under this section.
  32-17        (d) <(c)>  Action taken under this section does not prejudice
  32-18  any application other than an application in which the former
  32-19  employee provided assistance.
  32-20        (e) <(d)>  In this section, "former employee" means a person:
  32-21              (1)  who was previously employed by the board as a
  32-22  supervisory or exempt employee; and
  32-23              (2)  whose duties during employment with the board
  32-24  included involvement in or supervision of the board's review,
  32-25  evaluation, or processing of applications.
   33-1        SECTION 23.  Section 382.061, Health and Safety Code, is
   33-2  amended to read as follows:
   33-3        Sec. 382.061.  Delegation of Powers and Duties.  (a)  The
   33-4  board may delegate to the executive director the powers and duties
   33-5  under Sections 382.051-382.0563 <382.055, 382.057,> and 382.059,
   33-6  except for the adoption of rules.
   33-7        (b)  An applicant or a person affected by a decision of the
   33-8  executive director may appeal to the board any decision made by the
   33-9  executive director, with the exception of a decision regarding a
  33-10  federal operating permit, under Sections  382.051-382.055 and
  33-11  382.059 <those sections>.
  33-12        (c)  Any person, including the applicant, affected by a
  33-13  decision of the executive director regarding federal operating
  33-14  permits may:
  33-15              (1)  petition the administrator in accordance with
  33-16  rules adopted under Section 382.0563; or
  33-17              (2)  file a petition for judicial review under Section
  33-18  382.032.
  33-19        SECTION 24.  Section 382.062, Health and Safety Code, is
  33-20  amended to read as follows:
  33-21        Sec. 382.062.  Application, Permit, and Inspection Fees.
  33-22  (a)  The board shall adopt, charge, and collect a fee for:
  33-23              (1)  each application for:
  33-24                    (A)  a permit or permit amendment, revision, or
  33-25  modification not subject to Title IV or V of the federal Clean Air
   34-1  Act (42 U.S.C. Sections 7651 et seq. and 7661 et seq.) <Amendments
   34-2  of 1990 (Pub. L. No. 101-549)>;
   34-3                    (B)  a renewal review of a permit issued under
   34-4  Section 382.0518 not subject to Title IV or V of the federal Clean
   34-5  Air Act <Amendments of 1990 (Pub. L. No. 101-549)>;
   34-6              (2)  inspections of a federal <facility or> source
   34-7  performed to enforce this chapter or rules adopted by the board
   34-8  under this chapter until the federal <facility or> source is
   34-9  required to obtain an <a Title IV or V> operating permit under
  34-10  Section 382.054 <the federal Clean Air Act Amendments of 1990 (Pub.
  34-11  L. No. 101-549)>; and
  34-12              (3)  inspections performed to enforce this chapter or
  34-13  rules adopted by the board under this chapter at a facility <or
  34-14  source> not required to obtain an  <a Title IV or V> operating
  34-15  permit under Section 382.054 <the federal Clean Air Act Amendments
  34-16  of 1990 (Pub. L. No.  101-549)>.
  34-17        (b)  The board may adopt rules relating to charging and
  34-18  collecting a fee for an exemption from a permit or for a standard
  34-19  permit authorized by board rule and for a variance.
  34-20        (c)  For purposes of the fees, the board shall treat two or
  34-21  more facilities that compose an integrated system or process as a
  34-22  single facility if a structure, device, item of equipment, or
  34-23  enclosure that constitutes or contains a given stationary source
  34-24  operates in conjunction with and is functionally integrated with
  34-25  one or more other similar structures, devices, items of equipment,
   35-1  or enclosures.
   35-2        (d)  A fee assessed under this section may not be less than
   35-3  $25 or more than $75,000.
   35-4        (e)  The board by rule shall establish the fees to be
   35-5  collected under Subsection (a) in amounts sufficient to recover:
   35-6              (1)  the reasonable costs to review and act on a
   35-7  variance application and enforce the terms and conditions of the
   35-8  variance; and
   35-9              (2)  not less than 50 percent of the board's actual
  35-10  annual expenditures to:
  35-11                    (A)  review and act on permits or special
  35-12  permits;
  35-13                    (B)  amend and review permits;
  35-14                    (C)  inspect permitted, exempted, and specially
  35-15  permitted facilities; and
  35-16                    (D)  enforce the rules and orders adopted and
  35-17  permits, special permits, and exemptions issued under this chapter,
  35-18  excluding rules and orders adopted and permits required under Title
  35-19  IV or V of the federal Clean Air Act (42 U.S.C. Sections 7651 et
  35-20  seq. and 7661 et seq.) <Amendments of 1990 (Pub.  L.  No.
  35-21  101-549)>.
  35-22        SECTION 25.  Sections 382.0622(b), (c), and (d), Health and
  35-23  Safety Code, are amended to read as follows:
  35-24        (b)  Clean Air Act fees shall be deposited in the state
  35-25  treasury to the credit of the clean air fund and shall be used to
   36-1  safeguard the air resources of the state.  <All unexpended and
   36-2  unobligated money remaining in the fund on the last day of each
   36-3  fiscal biennium shall be transferred to the credit of the general
   36-4  revenue fund.>
   36-5        (c)  The board shall request the appropriation of sufficient
   36-6  money to safeguard the air resources of the state, including
   36-7  payments to the Public Safety Commission for incidental costs of
   36-8  administering the vehicle emissions inspection and maintenance
   36-9  program, except that after the date of delegation of the state's
  36-10  permitting program under Title V of the federal Clean Air Act (42
  36-11  U.S.C. Sections 7661 et seq.) <Amendments of 1990 (Pub. L. No.
  36-12  101-549)>, fees collected under Section 382.0621(a) may be
  36-13  appropriated only to cover costs of developing and administering
  36-14  the federal permit program under Titles IV and V of the federal
  36-15  Clean Air Act (42 U.S.C. Sections 7651 et seq. and 7661 et seq.)
  36-16  <Amendments of 1990 (Pub. L. No. 101-549)>.
  36-17        (d)(1)  Through the option of contracting for air pollution
  36-18  control services, including but not limited to compliance and
  36-19  permit inspections and complaint response, the board may utilize
  36-20  appropriated money to purchase services from units of local
  36-21  government meeting each of the following criteria:
  36-22                    (A)  the unit of local government received
  36-23  federal fiscal year 1990 funds from the United States Environmental
  36-24  Protection Agency pursuant to Section 105 of the federal Clean Air
  36-25  Act (42 U.S.C. Section 7405) for the operation of an air pollution
   37-1  program by formal agreement;
   37-2                    (B)  the local unit of government is in a
   37-3  federally designated nonattainment area subject to implementation
   37-4  plan requirements, including automobile emission inspection and
   37-5  maintenance programs, under Title I of the federal Clean Air Act
   37-6  (42 U.S.C. Sections 7401-7515) <Amendments of 1990 (Pub. L. No.
   37-7  101-549)>; and
   37-8                    (C)  the local unit of government has not caused
   37-9  the United States Environmental Protection Agency to provide
  37-10  written notification that a deficiency in the quality or quantity
  37-11  of services provided by its air pollution program is jeopardizing
  37-12  compliance with a state implementation plan, a federal program
  37-13  delegation agreement, or any other federal requirement for which
  37-14  federal sanctions can be imposed.
  37-15              (2)  The board may request appropriations of sufficient
  37-16  money to contract for services of local units of government meeting
  37-17  the eligibility criteria of this subsection to ensure that the
  37-18  combination of federal and state funds annually available for an
  37-19  air pollution program is equal to or greater than the program costs
  37-20  for the operation of an air quality program by the local unit of
  37-21  government.  The board is encouraged to fund an air pollution
  37-22  program operated by a local unit of government meeting the
  37-23  eligibility criteria of this subsection in a manner the board deems
  37-24  an effective means of addressing federal and state requirements.
  37-25  The services to be provided by an eligible local unit of government
   38-1  under a contractual arrangement under this subsection shall be at
   38-2  least equal in quality and quantity to the services the local unit
   38-3  of government committed to provide in agreements under which it
   38-4  received its federal 1990 air pollution grant.  The board and the
   38-5  local units of government meeting the eligibility criteria of this
   38-6  subsection may agree to more extensive contractual arrangements.
   38-7              (3)  Nothing in this subsection shall prohibit a local
   38-8  unit of government from voluntarily discontinuing an air pollution
   38-9  program and thereby relinquishing this responsibility to the state.
  38-10        SECTION 26.  Chapter 382, Health and Safety Code, is amended
  38-11  by adding Section 382.064 to read as follows:
  38-12        Sec. 382.064.  INITIAL APPLICATION DATE.  An application for
  38-13  a federal operating permit is not required to be submitted to the
  38-14  board before the approval of the Title V permitting program by the
  38-15  United States Environmental Protection Agency.
  38-16        SECTION 27.  Section 382.084(c), Health and Safety Code, is
  38-17  amended to read as follows:
  38-18        (c)  The board or the executive director may seek an
  38-19  injunction or cause a suit for injunctive relief to be instituted
  38-20  to stop:
  38-21              (1)  work on a facility that is:
  38-22                    (A)  being done without a construction permit,
  38-23  special permit, or exemption required under this chapter; or
  38-24                    (B)  in violation of the terms of a permit,
  38-25  special permit, or exemption issued under this chapter; and
   39-1              (2)  the operation of a facility that:
   39-2                    (A)  is operating without a federal <an>
   39-3  operating permit required under this chapter; or
   39-4                    (B)  is operating in violation of the terms of a
   39-5  federal <an> operating permit issued under this chapter.
   39-6        SECTION 28.  Notwithstanding Section 2.35, Chapter 3, Acts of
   39-7  the 72nd Legislature, 1st Called Session, 1991, Sections 382.0541,
   39-8  382.0542, and 382.0561-382.0563, Health and Safety Code, and the
   39-9  federal operating permit requirement described by Section 382.054,
  39-10  Health and Safety Code, take effect on the effective date of this
  39-11  Act.
  39-12        SECTION 29.  (a)  Except as provided by Subsection (b) of
  39-13  this section, this Act takes immediate effect.
  39-14        (b)  Section 25 of this Act takes effect September 1, 1993.
  39-15        SECTION 30.  The importance of this legislation and the
  39-16  crowded condition of the calendars in both houses create an
  39-17  emergency and an imperative public necessity that the
  39-18  constitutional rule requiring bills to be read on three several
  39-19  days in each house be suspended, and this rule is hereby suspended,
  39-20  and that this Act take effect and be in force according to its
  39-21  terms, and it is so enacted.