73R9751 E
By Saunders H.B. No. 2049
Substitute the following for H.B. No. 2049:
By Kuempel C.S.H.B. No. 2049
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the effective administration of air quality permitting
1-3 programs, including compliance with federal Clean Air Act
1-4 requirements.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 5.052(a), Water Code, is amended to read
1-7 as follows:
1-8 (a) The commission is composed of three members who are
1-9 appointed by the governor with the advice and consent of the senate
1-10 to represent the general public.
1-11 SECTION 2. Section 381.020, Health and Safety Code, is
1-12 amended and renumbered to read as follows:
1-13 Sec. 382.040 <381.020>. DOCUMENTS; PUBLIC PROPERTY. All
1-14 information, documents, and data collected by the board in
1-15 performing its duties are state property. Subject to the
1-16 limitations of Section 382.041 <381.022>, all board records are
1-17 public records open to inspection by any person during regular
1-18 office hours.
1-19 SECTION 3. Section 381.022, Health and Safety Code, is
1-20 amended and renumbered to read as follows:
1-21 Sec. 382.041 <381.022>. CONFIDENTIAL INFORMATION. (a)
1-22 Except as provided by Subsection (b), a <A> member, employee, or
1-23 agent of the board may not disclose information submitted to the
2-1 board relating to secret processes or methods of manufacture or
2-2 production that is identified as confidential when submitted.
2-3 (b) A member, employee, or agent of the board may disclose
2-4 information confidential under Subsection (a) to a representative
2-5 of the United States Environmental Protection Agency on the request
2-6 of a representative of that agency if:
2-7 (1) at the time of disclosure the member, employee, or
2-8 agent notifies the representative that the material has been
2-9 identified as confidential when submitted; and
2-10 (2) the board, before the information is disclosed,
2-11 has entered into an agreement with the United States Environmental
2-12 Protection Agency that ensures that the agency treats information
2-13 identified as confidential as though it had been submitted by the
2-14 originator of the information with an appropriate claim of
2-15 confidentiality under federal law.
2-16 SECTION 4. Section 382.003(9), Health and Safety Code, is
2-17 amended to read as follows:
2-18 (9) "Modification of existing facility" means any
2-19 physical change in, or change in the method of operation of, a
2-20 stationary source in a manner that increases the amount of any air
2-21 pollutant emitted by the source into the atmosphere or that results
2-22 in the emission of any air pollutant not previously emitted. The
2-23 term does not include:
2-24 (A) insignificant increases in the amount of any
2-25 air pollutant emitted that is authorized by one or more board
3-1 exemptions;
3-2 (B) insignificant increases at a permitted
3-3 facility; <or>
3-4 (C) maintenance or replacement of equipment
3-5 components that do not increase or tend to increase the amount or
3-6 change the characteristics of the air contaminants emitted into the
3-7 atmosphere; or
3-8 (D) an increase in the annual hours of
3-9 operation.
3-10 SECTION 5. Sections 382.032(a), (b), and (e), Health and
3-11 Safety Code, are amended to read as follows:
3-12 (a) A person affected by a ruling, order, decision, or other
3-13 act of the board or of the executive director, if an appeal to the
3-14 board is not provided, may appeal the action by filing a petition
3-15 in a district court of Travis County.
3-16 (b) The petition must be filed within 30 days after the date
3-17 of the board's or executive director's action or, in the case of a
3-18 ruling, order, or decision, within 30 days after the effective date
3-19 of the ruling, order, or decision. If the appeal relates to the
3-20 board's failure to take final action on an application for a
3-21 federal operating permit, a reopening of a federal operating
3-22 permit, a revision to a federal operating permit, or a permit
3-23 renewal application for a federal operating permit in accordance
3-24 with Section 382.0542(b), the petition may be filed at any time
3-25 before the board or the executive director takes final action.
4-1 (e) In an appeal of an <a board> action of the board or
4-2 executive director other than cancellation or suspension of a
4-3 variance, the issue is whether the action is invalid, arbitrary, or
4-4 unreasonable.
4-5 SECTION 6. Sections 382.051(b) and (c), Health and Safety
4-6 Code, are amended to read as follows:
4-7 (b) To assist in fulfilling its authorization provided by
4-8 Subsection (a), the <The> board may issue:
4-9 (1) special permits for certain facilities;
4-10 (2) a general permit developed by rule for numerous
4-11 similar sources subject to Section 382.054; <or>
4-12 (3) a standard permit developed by rule for numerous
4-13 similar facilities subject to Section 382.0518;
4-14 (4) a single federal operating permit or
4-15 preconstruction permit for multiple federal sources or facilities
4-16 located at the same site; or
4-17 (5) other permits as necessary.
4-18 (c) The board may issue a federal operating permit for a
4-19 federal source in violation only if the operating permit
4-20 incorporates a compliance plan for the federal source<, as equipped
4-21 by Section 503 of the federal Clean Air Act (42 U.S.C. Section
4-22 7661b), as added by Section 501 of the federal Clean Air Act
4-23 Amendments of 1990 (Pub. L. No. 101-549) and any rules adopted by
4-24 the board,> as a condition of the permit.
4-25 SECTION 7. Sections 382.0511(a) and (c), Health and Safety
5-1 Code, are amended to read as follows:
5-2 (a) The board may consolidate into a single permit:
5-3 (1) any permits, special permits, or exemptions for a
5-4 facility or federal source issued by the board before December 1,
5-5 1991; or
5-6 (2) any permit issued by the board on or after
5-7 December 1, 1991, with any permits, special permits, or exemptions
5-8 issued or qualified for by that date.
5-9 (c) The board by rule may authorize changes in a federal
5-10 source to proceed before the owner or operator obtains a federal
5-11 operating permit or revisions to a federal operating permit if the
5-12 owner or operator has obtained a preconstruction permit or permit
5-13 amendment required by Section 382.0518 or an exemption allowed
5-14 under Section 382.057. <The board may allow changes within a
5-15 permitted facility or a facility that has filed a timely and
5-16 complete application for a federal operating permit under Section
5-17 382.054 without requiring a permit revision if:>
5-18 <(1) the changes are not modifications under any
5-19 provision of Title I of the federal Clean Air Act Amendments of
5-20 1990 (Pub. L. No. 101-549);>
5-21 <(2) the changes do not cause emissions in excess of
5-22 emissions allowable under the permit;>
5-23 <(3) the changes do not alter any permit condition;
5-24 and>
5-25 <(4) the facility notifies the board in writing at
6-1 least seven days in advance of the proposed changes, unless the
6-2 board by rule provides a different time frame for emergencies.>
6-3 SECTION 8. Section 382.0512, Health and Safety Code, is
6-4 amended to read as follows:
6-5 Sec. 382.0512. MODIFICATION OF EXISTING FACILITY. (a) In
6-6 determining whether a proposed change at an existing facility is a
6-7 modification, the board may not consider the effect on emissions
6-8 of:
6-9 (1) any air pollution control method applied to a
6-10 source; or
6-11 (2) any decreases in emissions from other sources.
6-12 (b) The installation of emission control equipment for the
6-13 purpose of complying with this chapter or a rule of the board is
6-14 not a modification.
6-15 SECTION 9. Section 382.0513, Health and Safety Code, is
6-16 amended to read as follows:
6-17 Sec. 382.0513. PERMIT CONDITIONS. The board may establish
6-18 <by rule> and enforce permit conditions consistent with this
6-19 chapter. Permit conditions of general applicability shall be
6-20 adopted by rule <and rules adopted by the board>.
6-21 SECTION 10. Section 382.0514, Health and Safety Code, is
6-22 amended to read as follows:
6-23 Sec. 382.0514. SAMPLING, <AND> MONITORING, AND
6-24 CERTIFICATION. The board may require, at the expense of the permit
6-25 holder and as a condition of the permit:
7-1 (1) sampling and monitoring of a permitted federal
7-2 source or facility; <and>
7-3 (2) certification of the compliance of the owner or
7-4 operator of the permitted federal source with the terms and
7-5 conditions of the permit and with all applicable requirements; and
7-6 (3) a periodic report of:
7-7 (A) the results of sampling and monitoring; and
7-8 (B) the certification of compliance <a regular
7-9 periodic report of sampling and monitoring results>.
7-10 SECTION 11. Section 382.054, Health and Safety Code, is
7-11 amended to read as follows:
7-12 Sec. 382.054. Federal Operating Permit. Subject to Section
7-13 382.0511(c), a <A> person may not operate a federal source unless
7-14 the person has obtained a federal operating permit from the board
7-15 under Section <Sections> 382.0541, <and> 382.0542, or 382.0543.
7-16 SECTION 12. Section 382.0541, Health and Safety Code, is
7-17 amended to read as follows:
7-18 Sec. 382.0541. Administration and Enforcement of Federal
7-19 Operating Permit. (a) The board may:
7-20 (1) require a federal source <subject> to obtain a
7-21 permit under <Title III of> the federal Clean Air Act (42 U.S.C.
7-22 Section 7401 et seq.) <Amendments of 1990 (Pub. L. No. 101-549) to
7-23 comply with that Act and regulations adopted under that Act>;
7-24 (2) require an existing facility or source to use, at
7-25 a minimum, any applicable maximum achievable control technology
8-1 required by the board or by the United States Environmental
8-2 Protection Agency;
8-3 (3) require facilities or federal sources that are new
8-4 or modified and are subject to Section 112(g) <a new or modified
8-5 facility or source subject to Title III> of the federal Clean Air
8-6 Act (42 U.S.C. Section 7412) <Amendments of 1990 (Pub. L. No.
8-7 101-549)> to use, at a minimum, the more stringent of:
8-8 (A) the best available control technology,
8-9 considering the technical practicability and economic
8-10 reasonableness of reducing or eliminating emissions from the
8-11 proposed facility or federal source; or
8-12 (B) any applicable maximum achievable control
8-13 technology (MACT), including any MACT developed pursuant to Section
8-14 112(g) of the federal Clean Air Act (42 U.S.C. Section 7412)<, as
8-15 amended by Section 301 of the federal Clean Air Act Amendments of
8-16 1990 (Pub. L. No. 101-549), required by the board or by the United
8-17 States Environmental Protection Agency>;
8-18 (4) establish maximum achievable control technology
8-19 requirements in accordance with Section 112(j) of the federal Clean
8-20 Air Act (42 U.S.C. Section 7412) <on a case-by-case basis if the
8-21 United States Environmental Protection Agency does not adopt those
8-22 requirements>;
8-23 (5) issue initial permits with terms not to exceed
8-24 five years for federal sources under Title <IV or> V of the federal
8-25 Clean Air Act <Amendments of 1990 (Pub. L. No. 101-549)>, with
9-1 <five-year> terms not to exceed five years for all subsequently
9-2 issued or renewed permits;
9-3 (6) administer the use of emissions allowances under
9-4 Section 408 of the federal Clean Air Act (42 U.S.C. Section
9-5 7651g)<, as amended by Section 401 of the federal Clean Air Act
9-6 Amendments of 1990 (Pub. L. No. 101-549)>;
9-7 (7) reopen and revise an affected federal operating
9-8 permit if:
9-9 (A) the permit has a <with a> term of three
9-10 years or more remaining in order to incorporate requirements under
9-11 the federal Clean Air Act (42 U.S.C. Section 7401 et seq.) adopted
9-12 after the permit is issued; <and>
9-13 (B) additional requirements become applicable to
9-14 an affected source under the acid rain program;
9-15 (C) the federal operating permit contains a
9-16 material mistake;
9-17 (D) inaccurate statements were made in
9-18 establishing the emissions standards or other terms or conditions
9-19 of the federal operating permit; or
9-20 (E) a determination is made that the permit must
9-21 be reopened and revised to assure compliance with applicable
9-22 requirements;
9-23 (8) incorporate a federal implementation plan as a
9-24 condition of a permit issued by the board;
9-25 (9) exempt federal sources from the obligation to
10-1 obtain a federal operating permit;
10-2 (10) provide that all representations in an
10-3 application for a permit under Title IV of the federal Clean Air
10-4 Act (42 U.S.C. Sections 7651-7651o) are binding on the applicant
10-5 until issuance or denial of the permit;
10-6 (11) provide that all terms and conditions of any
10-7 federal operating permit required under Title IV of the federal
10-8 Clean Air Act (42 U.S.C. Sections 7651-7651o) shall be a complete
10-9 and segregable section of the federal operating permit; and
10-10 (12) issue initial permits with fixed terms of five
10-11 years for federal sources under Title IV of the federal Clean Air
10-12 Act (42 U.S.C. Sections 7651-7651o) with fixed five-year terms for
10-13 all subsequently issued or renewed permits.
10-14 (b) The board by rule shall provide for objection by the
10-15 administrator to the issuance of any operating or general permit
10-16 subject to Title V of the federal Clean Air Act (42 U.S.C. Sections
10-17 7661-7661f) <Amendments of 1990 (Pub. L. No. 101-549)> and shall
10-18 authorize the administrator to revoke and reissue, terminate,
10-19 reopen, or modify a federal operating permit.
10-20 (c) This section does not affect the permit requirements of
10-21 Section 382.0518, except that the board may consolidate with an
10-22 existing permit issued under this section a permit required by
10-23 Section 382.0518.
10-24 (d) The board promptly shall provide to the applicant notice
10-25 of whether the application is complete. Unless the board requests
11-1 additional information or otherwise notifies the applicant that the
11-2 application is incomplete before the 61st day after the board
11-3 receives an application, the application shall be deemed complete.
11-4 (e) <(d)> Subsections <Subsection> (a)(3) and (4) do <does
11-5 not prohibit the applicability of at least the best available
11-6 control technology to a new or modified facility or federal source
11-7 under Section 382.0518(b)(1).
11-8 SECTION 13. Section 382.0542, Health and Safety Code, is
11-9 amended to read as follows:
11-10 Sec. 382.0542. Issuance of Federal Operating Permit; Appeal
11-11 of Delay. (a) <The board shall grant a permit required by Section
11-12 382.054 not later than 18 months after the date on which the board
11-13 receives an administratively complete application if, from
11-14 information available to the board, including information presented
11-15 at any hearing held under Section 382.0561, the board finds that
11-16 the facility or source for which the permit is sought meets the
11-17 requirements of Subsection (b).>
11-18 <(b)> A federal <facility or> source is eligible for a
11-19 permit required by Section 382.054 if from the information
11-20 available to the board, including information presented at a
11-21 hearing held under Section 382.0561, the board finds that:
11-22 (1) <emissions from the facility or source will comply
11-23 with the intent of this chapter, including protection of the
11-24 public's health and physical property;>
11-25 <(2)> the federal <facility or> source will use, at a
12-1 minimum, any applicable maximum achievable control technology
12-2 required by the board or by the United States Environmental
12-3 Protection Agency;
12-4 (2) for a federal source that is new or modified and
12-5 subject to Section 112(g) of the federal Clean Air Act (42 U.S.C.
12-6 Section 7412) <(3) for a new or modified source or facility
12-7 subject to Title III of the federal Clean Air Act Amendments of
12-8 1990 (Pub. L. No. 101-549)>, the federal source <or facility> will
12-9 use, at a minimum, the more stringent of:
12-10 (A) the best available control technology,
12-11 considering the technical practicability and economic
12-12 reasonableness of reducing or eliminating the emissions from the
12-13 proposed federal <facility or> source; or
12-14 (B) any applicable maximum achievable control
12-15 technology required by the board or by the United States
12-16 Environmental Protection Agency; and
12-17 (3) the federal <(4) emissions from the facility or>
12-18 source will comply with the following <all applicable>
12-19 requirements, if applicable <of>:
12-20 (A) Title V of the federal Clean Air Act (42
12-21 U.S.C. Sections 7661-7661f) and the regulations adopted under that
12-22 title;
12-23 (B) each standard or other requirement provided
12-24 for in the applicable implementation plan approved or adopted by
12-25 rule of the United States Environmental Protection Agency under
13-1 Title I of the federal Clean Air Act (42 U.S.C. Sections 7401-7515)
13-2 that implements the relevant requirements of that Act, including
13-3 any revisions to the plan;
13-4 (C) each term or condition of a preconstruction
13-5 permit issued by the commission or the United States Environmental
13-6 Protection Agency in accordance with rules adopted by the
13-7 commission or the United States Environmental Protection Agency
13-8 under Part C or D, Title I of the federal Clean Air Act (42 U.S.C.
13-9 7401-7515);
13-10 (D) each standard or other requirement
13-11 established under Section 111 of the federal Clean Air Act (42
13-12 U.S.C. Section 7411), including Subsection (d) of that section;
13-13 (E) each standard or other requirement
13-14 established under Section 112 of the federal Clean Air Act (42
13-15 U.S.C. Section 7412) including any requirement concerning accident
13-16 prevention under Subsection (r)(7) of that section;
13-17 (F) each standard or other requirement of the
13-18 acid rain program established under Title IV of the federal Clean
13-19 Air Act (42 U.S.C. Sections 7651-7651o) or the regulations adopted
13-20 under that title;
13-21 (G) each requirement established under Section
13-22 504(b) or Section 114(a)(3) of the federal Clean Air Act (42 U.S.C.
13-23 Section 7661c or 7414);
13-24 (H) each standard or other requirement governing
13-25 solid waste incineration established under Section 129 of the
14-1 federal Clean Air Act Amendments of 1990 (Pub. L. No. 101-549);
14-2 (I) each standard or other requirement for
14-3 consumer and commercial products established under Section 183(e)
14-4 of the federal Clean Air Act (42 U.S.C. Section 7511b);
14-5 (J) each standard or other requirement for tank
14-6 vessels established under Section 183(f) of the federal Clean Air
14-7 Act (42 U.S.C. Section 7511b);
14-8 (K) each standard or other requirement of the
14-9 program to control air pollution from outer continental shelf
14-10 sources established under Section 328 of the federal Clean Air Act
14-11 (42 U.S.C. Section 7627);
14-12 (L) each standard or other requirement of
14-13 regulations adopted to protect stratospheric ozone under Title VI
14-14 of the federal Clean Air Act (42 U.S.C. Sections 7671-7671q) unless
14-15 the administrator has determined that the standard or requirement
14-16 does not need to be contained in a Title V permit; and
14-17 (M) each national ambient air quality standard
14-18 or increment or visibility requirement under Part C of Title I of
14-19 the federal Clean Air Act (42 U.S.C. Sections 7470-7492), but only
14-20 as the standard, increment, or requirement would apply to a
14-21 temporary source permitted under Section 504(e) of the federal
14-22 Clean Air Act (42 U.S.C. Section 7661c)
14-23 <(A) Title III of the federal Clean Air Act
14-24 Amendments of 1990 (Pub. L. No. 101-549);>
14-25 <(B) Title IV of the federal Clean Air Act
15-1 Amendments of 1990 (Pub. L. No. 101-549);>
15-2 <(C) Sections 111 and 112 of the federal Clean
15-3 Air Act (42 U.S.C. Sections 7411 and 7412);>
15-4 <(D) Parts C and D of Title I of the federal
15-5 Clean Air Act (42 U.S.C. Sections 7470 et seq. and 7501 et seq.);>
15-6 <(E) the state implementation plan requirements
15-7 approved by the United States Environmental Protection Agency;>
15-8 <(F) this chapter and rules adopted under this
15-9 chapter; and>
15-10 <(G) the federal Clean Air Act (42 U.S.C.
15-11 Section 7401 et seq.), as revised>.
15-12 (b) The <(c) If the> board shall: <does not act>
15-13 (1) take final action on an application for a permit,
15-14 permit revision, <a permit application> or permit renewal
15-15 <application> within 18 months after <of> the date on which the
15-16 board receives an administratively complete application;
15-17 (2) under an interim program, for those federal
15-18 sources for which initial applications are required to be filed not
15-19 later than one year after the effective date of the interim
15-20 program, take final action on at least one-third of those
15-21 applications annually over a period not to exceed three years after
15-22 the effective date of the interim program;
15-23 (3) under the fully approved program, for those
15-24 federal sources for which initial applications are required to be
15-25 filed not later than one year after the effective date of the fully
16-1 approved program, take final action on at least one-third of those
16-2 applications annually over a period not to exceed three years after
16-3 the effective date of the program; and
16-4 (4) take final action on a permit reopening not later
16-5 than 18 months after the adoption of the requirement that prompted
16-6 the reopening.
16-7 (c) If the board fails to take final action as required by
16-8 Subsection (b)(1) or (4), a person affected by the board's failure
16-9 to act may obtain judicial review under Section 382.032 at any time
16-10 before the board takes final action. A reviewing court may order
16-11 the board to act on the application without additional delay if it
16-12 finds that the board's failure to act is arbitrary or unreasonable.
16-13 (d) <In considering the issuance, amendment, or renewal of a
16-14 permit, the board may consider any adjudicated decision or
16-15 compliance proceeding within the five years before the date on
16-16 which the application was filed that addressed the applicant's past
16-17 performance and compliance with the laws of this state, another
16-18 state, or the United States governing air contaminants or with the
16-19 terms of any permit or order issued by the board.>
16-20 <(e)> Subsection (a)(2) <(b)(3)> does not prohibit the
16-21 applicability of at least the best available control technology to
16-22 a new or modified facility or federal source under Section
16-23 382.0518(b)(1).
16-24 SECTION 14. Chapter 382, Health and Safety Code, is amended
16-25 by adding Section 382.0543 to read as follows:
17-1 Sec. 382.0543. REVIEW AND RENEWAL OF FEDERAL OPERATING
17-2 PERMIT. (a) In accordance with Section 382.0541(a)(5), a federal
17-3 operating permit issued or renewed by the board is subject to
17-4 review at least every five years after the date of issuance to
17-5 determine whether the authority to operate should be renewed.
17-6 (b) The board by rule shall establish:
17-7 (1) the procedures for notifying a permit holder that
17-8 the permit is scheduled for review in accordance with this section;
17-9 (2) a deadline by which the holder of a permit must
17-10 submit an application for renewal of the permit that is between the
17-11 date six months before expiration of the permit and the date 18
17-12 months before expiration of the permit;
17-13 (3) the general requirements for an application; and
17-14 (4) the procedures for reviewing and acting on a
17-15 renewal application.
17-16 (c) The board promptly shall provide to the applicant notice
17-17 of whether the application is complete. Unless the board requests
17-18 additional information or otherwise notifies the applicant that the
17-19 application is incomplete before the 61st day after the board
17-20 receives an application, the application shall be deemed complete.
17-21 (d) The board shall take final action on a renewal
17-22 application for a federal operating permit within 18 months after
17-23 the date an application is determined to be administratively
17-24 complete. If the board does not act on an application for permit
17-25 renewal within 18 months after the date on which the board receives
18-1 an administratively complete application, a person who participated
18-2 in the public participation process or a person affected by the
18-3 board's failure to act may obtain judicial review under Section
18-4 382.032 at any time before the board takes final action.
18-5 (e) In determining whether and under which conditions a
18-6 permit should be renewed, the board shall consider:
18-7 (1) all applicable requirements in Section
18-8 382.0542(a)(3); and
18-9 (2) whether the federal source is in compliance with
18-10 this chapter and the terms of the existing permit.
18-11 (f) The board shall impose as terms and conditions in a
18-12 renewed federal operating permit any applicable requirements under
18-13 Title V of the federal Clean Air Act (42 U.S.C. Sections
18-14 7661-7661f). The terms or conditions of the renewed permit must
18-15 provide for compliance with any applicable requirement under Title
18-16 V of the federal Clean Air Act (42 U.S.C. Sections 7661-7661f).
18-17 The board may not impose requirements less stringent than those of
18-18 the existing permit unless the board determines that a proposed
18-19 change will meet the requirements of Section 382.0541.
18-20 (g) If the applicant submits a timely and complete
18-21 application for federal operating permit renewal, but the board
18-22 fails to issue or deny the renewal permit before the end of the
18-23 term of the previous permit:
18-24 (1) all terms and conditions of the permit shall
18-25 remain in effect until the renewal permit has been issued or
19-1 denied; and
19-2 (2) the applicant may continue to operate until the
19-3 permit renewal application is issued or denied, if the applicant
19-4 submits additional information that is requested in writing by the
19-5 board that the board needs to process the application on or before
19-6 the time specified in writing by the board.
19-7 (h) This section does not affect the board's authority to
19-8 begin an enforcement action under Sections 382.082-382.084.
19-9 SECTION 15. Section 382.055, Health and Safety Code, is
19-10 amended to read as follows:
19-11 Sec. 382.055. REVIEW AND RENEWAL OF PRECONSTRUCTION PERMIT.
19-12 (a) A preconstruction <Subject to Section 382.0541(a)(5), a>
19-13 permit issued or renewed by the board <on or after December 1,
19-14 1991,> is subject to review <every five years after the date of
19-15 issuance> to determine whether the authority to operate should be
19-16 renewed according to the following schedule:
19-17 (1) a preconstruction permit issued before December 1,
19-18 1991, is subject to review not later than 15 years after the date
19-19 of issuance;
19-20 (2) a preconstruction permit issued on or after
19-21 December 1, 1991, is subject to review every 10 years after the
19-22 date of issuance; and
19-23 (3) for cause, a preconstruction permit issued on or
19-24 after December 1, 1991, for a facility at a nonfederal source may
19-25 contain a provision requiring the permit to be renewed at a period
20-1 of between five and 10 years. <A permit issued before December 1,
20-2 1991, is subject to review 15 years after the date of issuance.>
20-3 (b) The board by rule shall establish:
20-4 (1) a deadline by which the holder of a
20-5 preconstruction permit must submit an application to renew <for
20-6 review of> the permit;
20-7 (2) the general requirements for an application for
20-8 renewal of a preconstruction permit <that must be met by the
20-9 applicant>; and
20-10 (3) the procedures for reviewing and acting on renewal
20-11 <review> applications.
20-12 (c) Not less than 180 days before the date on which the
20-13 renewal application is due, the board shall provide written notice
20-14 to the permit holder, by registered or certified mail, that the
20-15 permit is scheduled for review in accordance with this section.
20-16 The notice must include a description of the procedure for filing a
20-17 renewal <review> application and the information to be included in
20-18 the application.
20-19 (d) In determining whether and under which conditions a
20-20 preconstruction permit should be renewed, the board shall consider,
20-21 at a minimum:
20-22 (1) whether the facility is or has been in substantial
20-23 compliance with this chapter and the terms of the existing permit;
20-24 and
20-25 (2) the condition and effectiveness of existing
21-1 emission control equipment and practices<; and>
21-2 <(3) all applicable requirements of the federal Clean
21-3 Air Act Amendments of 1990 (Pub. L. No. 101-549)>.
21-4 (e) The board shall impose as a condition for renewal of a
21-5 preconstruction permit <any applicable requirements of Title V of
21-6 the federal Clean Air Act Amendments of 1990 (Pub. L. No. 101-549),
21-7 as well as> those requirements determined to be economically
21-8 reasonable and technically practicable considering the age of the
21-9 facility and the effect of its emissions on the surrounding area.
21-10 The board may not impose requirements less stringent than those of
21-11 the existing permit unless the board determines that a proposed
21-12 change will meet the requirements of Section <Sections> 382.0518
21-13 <and 382.0541>.
21-14 (f) On or before the 180th day after the date on which an
21-15 application for renewal is filed, the board shall renew the permit
21-16 <In this subsection, a "reasonable time" may not exceed the time
21-17 limitations established by the United States Environmental
21-18 Protection Agency for federal sources under Title IV or V of the
21-19 federal Clean Air Act Amendments of 1990 (Pub. L. No. 101-549).
21-20 The board shall renew a permit within a reasonable time after the
21-21 date on which a complete application is filed> or, if the board
21-22 determines that the facility will not meet the requirements for
21-23 renewing the permit, shall:
21-24 (1) set out in a report to the applicant the basis for
21-25 the board's determination; and
22-1 (2) establish a schedule, to which the applicant must
22-2 adhere in meeting the board's requirements, that:
22-3 (A) includes a final date for meeting the
22-4 board's requirements; and
22-5 (B) requires completion of that action as
22-6 expeditiously as possible.
22-7 (g) If the applicant meets the board's requirements in
22-8 accordance with the schedule, the board shall renew the permit. If
22-9 the applicant does not meet those requirements in accordance with
22-10 the schedule, the applicant must show in a contested case
22-11 proceeding why the permit should not expire immediately. The
22-12 applicant's permit is effective until:
22-13 (1) the final date specified by the board's report to
22-14 the applicant;
22-15 (2) the existing permit is renewed; or
22-16 (3) the date specified by a board order issued
22-17 following a contested case proceeding held under this section.
22-18 (h) If the holder of a preconstruction permit to whom the
22-19 board has mailed notice under <of> this section does not apply for
22-20 renewal <review> of that permit by the date specified by the board
22-21 under this section, the permit shall expire at the end of the
22-22 period described in Subsection (a).<:>
22-23 <(1) a permit issued on or after December 1, 1991,
22-24 expires five years after the date on which the permit is originally
22-25 issued or, if the permit has been renewed, five years after the
23-1 date on which the permit is last renewed; and>
23-2 <(2) a permit issued before December 1, 1991, expires
23-3 15 years after the date on which the permit is originally issued
23-4 or, if the permit has been renewed before December 1, 1991, 15
23-5 years after the date on which the permit is last renewed.>
23-6 (i) This section does not affect the board's authority to
23-7 begin an enforcement action under Sections 382.082-382.084.
23-8 SECTION 16. Sections 382.056(a)-(c), Health and Safety Code,
23-9 are amended to read as follows:
23-10 (a) An applicant for a permit under Section 382.0518 or
23-11 382.054 or a permit renewal review under Section 382.055 shall
23-12 publish notice of intent to obtain the permit or permit review.
23-13 The board by rule may require an applicant for a federal operating
23-14 permit to publish notice of intent to obtain a permit or permit
23-15 review consistent with federal requirements and with the
23-16 requirements of this section. The applicant shall publish the
23-17 notice at least once in a newspaper of general circulation in the
23-18 municipality in which the facility or federal source is located or
23-19 is proposed to be located or in the municipality nearest to the
23-20 location or proposed location of the facility or federal source.
23-21 The board by rule shall prescribe when notice must be published and
23-22 may require publication of additional notice.
23-23 (b) The notice must include:
23-24 (1) a description of the location or proposed location
23-25 of the facility or federal source;
24-1 (2) a statement that a person who may be affected by
24-2 emissions of air contaminants from the facility, <or> proposed
24-3 facility, or federal source is entitled to request a hearing from
24-4 the board;
24-5 (3) a description of the manner in which the board may
24-6 be contacted for further information; and
24-7 (4) any other information the board by rule requires.
24-8 (c) At the site of a facility, <or> proposed facility, or
24-9 federal source for which an applicant is required to publish notice
24-10 under this section <for which a permit application or permit review
24-11 application is submitted>, the applicant shall place a sign
24-12 declaring the filing of an application for a permit or permit
24-13 review for a facility at the site and stating the manner in which
24-14 the board may be contacted for further information. The board
24-15 shall adopt any rule necessary to carry out this subsection.
24-16 SECTION 17. Section 382.0561, Health and Safety Code, is
24-17 amended to read as follows:
24-18 Sec. 382.0561. Federal Operating Permit: Hearing.
24-19 (a) Public <The following public> hearings on applications for
24-20 issuance, revision, reopening, or renewal of a federal operating
24-21 permit shall be conducted under this section only and not under the
24-22 Administrative Procedure and Texas Register Act (Article 6252-13a,
24-23 Vernon's Texas Civil Statutes)<:>
24-24 <(1) a public hearing on a permit application for a
24-25 federal operating permit under Sections 382.054-382.0542 that is
25-1 not subject to Section 382.0518; or>
25-2 <(2) a public hearing on an application for renewal of
25-3 a federal operating permit under Section 382.055>.
25-4 (b) On determination that an application for a federal
25-5 operating permit under Sections 382.054-382.0542 or a renewal of a
25-6 federal operating permit under Section 382.0543 <382.055> is
25-7 administratively complete and before the beginning of the public
25-8 comment period, the board or its designee shall prepare a draft
25-9 permit.
25-10 (c) The board or its designee shall hold a public hearing on
25-11 a federal operating permit, a reopening of a federal operating
25-12 permit, or renewal application before granting the permit or
25-13 renewal if within the public comment period a person who may be
25-14 affected by the emissions or a member of the legislature from the
25-15 general area in which the facility is located requests a hearing.
25-16 The board or its designee is not required to hold a hearing if the
25-17 basis of the request by a person who may be affected is determined
25-18 to be unreasonable.
25-19 (d) The following shall be available for public inspection
25-20 in at least one location in the general area where the facility is
25-21 located:
25-22 (1) information submitted by the application, subject
25-23 to applicable confidentiality laws;
25-24 (2) the executive director's analysis of the proposed
25-25 action; and
26-1 (3) a copy of the draft permit.
26-2 (e) The board or its designee shall hold a public comment
26-3 period on a federal operating permit application, a federal
26-4 operating permit reopening application, or a federal operating
26-5 permit renewal application under Sections 382.054-382.0542 or
26-6 382.0543 <382.055>. Any person may submit a written statement to
26-7 the board during the public comment period. The board or its
26-8 designee <executive director> shall receive public comment for 30
26-9 days after the date on which notice of the public comment period is
26-10 published. The board or its designee <executive director> may
26-11 extend or reopen the comment period if the director finds an
26-12 extension or reopening to be appropriate.
26-13 (f) Notice of the public comment period and opportunity for
26-14 a hearing under this section shall be published in accordance with
26-15 Section 382.056.
26-16 (g) Any person may submit an oral or written statement
26-17 concerning the application at the hearing. The individual holding
26-18 the hearing may set reasonable limits on the time allowed for oral
26-19 statements at the hearing. The public comment period extends to
26-20 the close of the hearing and may be further extended or reopened if
26-21 the board or its designee <executive director> finds an extension
26-22 or reopening to be appropriate.
26-23 (h) Any person, including the applicant, who believes that
26-24 any condition of the draft permit is inappropriate or that the
26-25 <executive director's> preliminary decision of the board or its
27-1 designee to issue or deny a permit is inappropriate must raise all
27-2 reasonably ascertainable issues and submit all reasonably available
27-3 arguments supporting that position by the end of the public
27-4 comment period.
27-5 (i) The board or its designee <executive director> shall
27-6 consider all comments received during the public comment period and
27-7 at the public hearing in determining whether to issue the permit
27-8 and what conditions should be included if a permit is issued.
27-9 SECTION 18. Section 382.0562, Health and Safety Code, is
27-10 amended to read as follows:
27-11 Sec. 382.0562. Notice of Decision. (a) The board or its
27-12 designee <executive director> shall send notice of a proposed final
27-13 action <decision> on a federal operating permit by first-class mail
27-14 to the applicant and all persons who comment during the public
27-15 comment period or at the public hearing. The notice shall include
27-16 a response to any comment submitted during the public comment
27-17 period and shall identify any change in the conditions of the draft
27-18 permit and the reasons for the change.
27-19 (b) The notice required by Subsection (a) shall:
27-20 (1) state that any person affected by the decision of
27-21 the board or its designee <executive director> may petition the
27-22 administrator in accordance with Section 382.0565 and rules adopted
27-23 under that section <appeal the decision to the board not later than
27-24 the 30th day after the date on which notice was mailed>;
27-25 (2) state the date by which the petition <an appeal>
28-1 must be filed; and
28-2 (3) explain the petition <appeal> process. <and
28-3 explain that an appeal is a contested case hearing before the
28-4 board; and>
28-5 <(4) state that a letter to the board stating that the
28-6 person is appealing the decision constitutes an appeal of the
28-7 decision.>
28-8 SECTION 19. Section 382.0563, Health and Safety Code, is
28-9 amended to read as follows:
28-10 Sec. 382.0563. PUBLIC PETITION TO THE ADMINISTRATOR <APPEAL
28-11 TO BOARD>. (a) The board by rule may provide for public petitions
28-12 to the administrator in accordance with Section 505 of the federal
28-13 Clean Air Act (42 U.S.C. Section 7661d). <Any person, including
28-14 the applicant, affected by a decision of the executive director
28-15 under Section 382.0561 may appeal the decision to the board not
28-16 later than the 30th day after the date on which notice was mailed.
28-17 The issues on appeal must be identified with specificity in the
28-18 request for a contested case hearing.>
28-19 (b) The petition for review to the administrator under this
28-20 section does not affect:
28-21 (1) a permit issued by the board or its designee; or
28-22 (2) the finality of the board's or its designee's
28-23 action for purposes of an appeal under Section 382.032. <An appeal
28-24 under this section is a contested case hearing under the
28-25 Administrative Procedure and Texas Register Act (Article 6252-13a,
29-1 Vernon's Texas Civil Statutes).>
29-2 (c) The board or its designee shall resolve any objection
29-3 that the United States Environmental Protection Agency makes and
29-4 terminate, modify, or revoke and reissue the permit in accordance
29-5 with the objection not later than the 90th day after the date the
29-6 board receives the objection. <The filing of an appeal to the
29-7 board under this section does not affect a permit issued by the
29-8 executive director. A final order by the board reversing or
29-9 modifying the executive director's decision takes effect when it
29-10 becomes final and appealable.>
29-11 SECTION 20. Section 382.0564, Health and Safety Code, is
29-12 amended to read as follows:
29-13 Sec. 382.0564. Notification to Other Governmental Entities.
29-14 The board by rule may <shall> allow for notification of and review
29-15 by the administrator and affected states of permit applications,
29-16 revisions, renewals, or draft permits <any permit application or
29-17 draft permit> prepared under Sections 382.054-382.0543 <382.0542 if
29-18 notification and review is requested>.
29-19 SECTION 21. Section 382.057(a), Health and Safety Code, is
29-20 amended to read as follows:
29-21 (a) Consistent with Section 382.0511, the board by rule may
29-22 exempt from the requirements of Section 382.0518 <and Sections
29-23 382.054-382.0542> changes within a permitted facility and certain
29-24 types of facilities if it is found on investigation that such
29-25 changes or types of facilities will not make a significant
30-1 contribution of air contaminants to the atmosphere<, except as
30-2 prohibited by the federal Clean Air Act Amendments of 1990 (Pub. L.
30-3 No. 101-549)>. The board may not exempt any <source or> facility
30-4 or any modification of an existing facility defined as "major"
30-5 under the federal Clean Air Act <Amendments of 1990 (Pub. L. No.
30-6 101-549)> or regulations adopted under that Act.
30-7 SECTION 22. Section 382.059, Health and Safety Code, is
30-8 amended to read as follows:
30-9 Sec. 382.059. Revocation of Permit or Exemption. (a) The
30-10 board may revoke and reissue, terminate, or modify a federal
30-11 operating permit, preconstruction permit, or exemption issued under
30-12 this chapter if the board determines that:
30-13 (1) any of the terms of the federal operating permit,
30-14 preconstruction permit, or exemption are being violated; <or>
30-15 (2) emissions from the proposed facility will
30-16 contravene air pollution control standards set by the board or will
30-17 contravene the intent of this chapter; or
30-18 (3) the federal operating permit contains a material
30-19 mistake or that inaccurate statements were made in establishing the
30-20 emissions standards or other terms or conditions of the federal
30-21 operating permit.
30-22 (b) The board may:
30-23 (1) begin proceedings to revoke and reissue,
30-24 terminate, or modify a permit if a violation at a facility is
30-25 continued after 180 days following the date on which the notice of
31-1 violation is provided under Section 382.082; and
31-2 (2) consider good faith efforts to correct the
31-3 violation in deciding whether to revoke and reissue, terminate, or
31-4 modify a federal operating permit, preconstruction permit, or
31-5 exemption.
31-6 (c) Subsection (b)(1) does not affect the board's authority
31-7 to bring suit for injunctive relief under Section 382.084.
31-8 SECTION 23. Section 382.0591, Health and Safety Code, is
31-9 amended to read as follows:
31-10 Sec. 382.0591. Denial of Application for Permit; Assistance
31-11 Provided by <Certain> Former or Current Employees. (a) The board
31-12 shall deny an application for the issuance, amendment, renewal, or
31-13 transfer of a permit and may not issue, amend, renew, or transfer
31-14 the permit if the board determines that <a former employee>:
31-15 (1) a former employee participated personally and
31-16 substantially as an employee in the board's review, evaluation, or
31-17 processing of the application before leaving employment with the
31-18 board; and
31-19 (2) after leaving employment with the board, that
31-20 former employee provided assistance to the applicant for the
31-21 issuance, amendment, renewal, or transfer of the permit, including
31-22 assistance with preparation or presentation of the application or
31-23 legal representation of the applicant.
31-24 (b) The board or the executive director may not issue a
31-25 federal operating permit for a solid waste incineration unit if a
32-1 member of the board or the executive director is also responsible
32-2 in whole or in part for the design and construction or the
32-3 operation of the unit.
32-4 (c) The board shall provide an opportunity for a hearing to
32-5 an applicant before denying an application under this section.
32-6 (d) <(c)> Action taken under this section does not prejudice
32-7 any application other than an application in which the former
32-8 employee provided assistance.
32-9 (e) <(d)> In this section, "former employee" means a person:
32-10 (1) who was previously employed by the board as a
32-11 supervisory or exempt employee; and
32-12 (2) whose duties during employment with the board
32-13 included involvement in or supervision of the board's review,
32-14 evaluation, or processing of applications.
32-15 SECTION 24. Section 382.061, Health and Safety Code, is
32-16 amended to read as follows:
32-17 Sec. 382.061. Delegation of Powers and Duties. (a) The
32-18 board may delegate to the executive director the powers and duties
32-19 under Sections 382.051-382.0563 <382.055, 382.057,> and 382.059,
32-20 except for the adoption of rules.
32-21 (b) An applicant or a person affected by a decision of the
32-22 executive director may appeal to the board any decision made by the
32-23 executive director, with the exception of a decision regarding a
32-24 federal operating permit, under Sections 382.051-382.055 and
32-25 382.059 <those sections>.
33-1 (c) Any person, including the applicant, affected by a
33-2 decision of the executive director regarding federal operating
33-3 permits may:
33-4 (1) petition the administrator in accordance with
33-5 rules adopted under Section 382.0563; or
33-6 (2) file a petition for judicial review under Section
33-7 382.032.
33-8 SECTION 25. Section 382.062, Health and Safety Code, is
33-9 amended to read as follows:
33-10 Sec. 382.062. Application, Permit, and Inspection Fees.
33-11 (a) The board shall adopt, charge, and collect a fee for:
33-12 (1) each application for:
33-13 (A) a permit or permit amendment, revision, or
33-14 modification not subject to Title IV or V of the federal Clean Air
33-15 Act (42 U.S.C. Sections 7641 et seq. and 7661 et seq.) <Amendments
33-16 of 1990 (Pub. L. No. 101-549)>;
33-17 (B) a renewal review of a permit issued under
33-18 Section 382.0518 not subject to Title IV or V of the federal Clean
33-19 Air Act <Amendments of 1990 (Pub. L. No. 101-549)>;
33-20 (2) inspections of a federal <facility or> source
33-21 performed to enforce this chapter or rules adopted by the board
33-22 under this chapter until the federal <facility or> source is
33-23 required to obtain an <a Title IV or V> operating permit under
33-24 Section 382.054 <the federal Clean Air Act Amendments of 1990 (Pub.
33-25 L. No. 101-549)>; and
34-1 (3) inspections performed to enforce this chapter or
34-2 rules adopted by the board under this chapter at a facility <or
34-3 source> not required to obtain an <a Title IV or V> operating
34-4 permit under Section 382.054 <the federal Clean Air Act Amendments
34-5 of 1990 (Pub. L. No. 101-549)>.
34-6 (b) The board may adopt rules relating to charging and
34-7 collecting a fee for an exemption from a permit or for a standard
34-8 permit authorized by board rule and for a variance.
34-9 (c) For purposes of the fees, the board shall treat two or
34-10 more facilities that compose an integrated system or process as a
34-11 single facility if a structure, device, item of equipment, or
34-12 enclosure that constitutes or contains a given stationary source
34-13 operates in conjunction with and is functionally integrated with
34-14 one or more other similar structures, devices, items of equipment,
34-15 or enclosures.
34-16 (d) A fee assessed under this section may not be less than
34-17 $25 or more than $75,000.
34-18 (e) The board by rule shall establish the fees to be
34-19 collected under Subsection (a) in amounts sufficient to recover:
34-20 (1) the reasonable costs to review and act on a
34-21 variance application and enforce the terms and conditions of the
34-22 variance; and
34-23 (2) not less than 50 percent of the board's actual
34-24 annual expenditures to:
34-25 (A) review and act on permits or special
35-1 permits;
35-2 (B) amend and review permits;
35-3 (C) inspect permitted, exempted, and specially
35-4 permitted facilities; and
35-5 (D) enforce the rules and orders adopted and
35-6 permits, special permits, and exemptions issued under this chapter,
35-7 excluding rules and orders adopted and permits required under Title
35-8 IV or V of the federal Clean Air Act (42 U.S.C. Sections 7651 et
35-9 seq. and 7661 et seq.) <Amendments of 1990 (Pub. L. No.
35-10 101-549)>.
35-11 SECTION 26. Sections 382.0622(b), (c), and (d), Health and
35-12 Safety Code, are amended to read as follows:
35-13 (b) Clean Air Act fees shall be deposited in the state
35-14 treasury to the credit of the clean air fund and shall be used to
35-15 safeguard the air resources of the state. <All unexpended and
35-16 unobligated money remaining in the fund on the last day of each
35-17 fiscal biennium shall be transferred to the credit of the general
35-18 revenue fund.>
35-19 (c) The board shall request the appropriation of sufficient
35-20 money to safeguard the air resources of the state, including
35-21 payments to the Public Safety Commission for incidental costs of
35-22 administering the vehicle emissions inspection and maintenance
35-23 program, except that after the date of delegation of the state's
35-24 permitting program under Title V of the federal Clean Air Act (42
35-25 U.S.C. Sections 7661 et seq.) <Amendments of 1990 (Pub. L. No.
36-1 101-549)>, fees collected under Section 382.0621(a) may be
36-2 appropriated only to cover costs of developing and administering
36-3 the federal permit program under Titles IV and V of the federal
36-4 Clean Air Act (42 U.S.C. Sections 7641 et seq. and 7661 et seq.)
36-5 <Amendments of 1990 (Pub. L. No. 101-549)>.
36-6 (d)(1) Through the option of contracting for air pollution
36-7 control services, including but not limited to compliance and
36-8 permit inspections and complaint response, the board may utilize
36-9 appropriated money to purchase services from units of local
36-10 government meeting each of the following criteria:
36-11 (A) the unit of local government received
36-12 federal fiscal year 1990 funds from the United States Environmental
36-13 Protection Agency pursuant to Section 105 of the federal Clean Air
36-14 Act (42 U.S.C. Section 7405) for the operation of an air pollution
36-15 program by formal agreement;
36-16 (B) the local unit of government is in a
36-17 federally designated nonattainment area subject to implementation
36-18 plan requirements, including automobile emission inspection and
36-19 maintenance programs, under Title I of the federal Clean Air Act
36-20 (42 U.S.C. Sections 7401-7515) <Amendments of 1990 (Pub. L. No.
36-21 101-549)>; and
36-22 (C) the local unit of government has not caused
36-23 the United States Environmental Protection Agency to provide
36-24 written notification that a deficiency in the quality or quantity
36-25 of services provided by its air pollution program is jeopardizing
37-1 compliance with a state implementation plan, a federal program
37-2 delegation agreement, or any other federal requirement for which
37-3 federal sanctions can be imposed.
37-4 (2) The board may request appropriations of sufficient
37-5 money to contract for services of local units of government meeting
37-6 the eligibility criteria of this subsection to ensure that the
37-7 combination of federal and state funds annually available for an
37-8 air pollution program is equal to or greater than the program costs
37-9 for the operation of an air quality program by the local unit of
37-10 government. The board is encouraged to fund an air pollution
37-11 program operated by a local unit of government meeting the
37-12 eligibility criteria of this subsection in a manner the board deems
37-13 an effective means of addressing federal and state requirements.
37-14 The services to be provided by an eligible local unit of government
37-15 under a contractual arrangement under this subsection shall be at
37-16 least equal in quality and quantity to the services the local unit
37-17 of government committed to provide in agreements under which it
37-18 received its federal 1990 air pollution grant. The board and the
37-19 local units of government meeting the eligibility criteria of this
37-20 subsection may agree to more extensive contractual arrangements.
37-21 (3) Nothing in this subsection shall prohibit a local
37-22 unit of government from voluntarily discontinuing an air pollution
37-23 program and thereby relinquishing this responsibility to the state.
37-24 SECTION 27. Chapter 382, Health and Safety Code, is amended
37-25 by adding Section 382.064 to read as follows:
38-1 Sec. 382.064. INITIAL APPLICATION DATE. An application for
38-2 a federal operating permit is not required to be submitted to the
38-3 board before the approval of the Title V permitting program by the
38-4 United States Environmental Protection Agency.
38-5 SECTION 28. Section 382.084(c), Health and Safety Code, is
38-6 amended to read as follows:
38-7 (c) The board or the executive director may seek an
38-8 injunction or cause a suit for injunctive relief to be instituted
38-9 to stop:
38-10 (1) work on a facility that is:
38-11 (A) being done without a construction permit,
38-12 special permit, or exemption required under this chapter; or
38-13 (B) in violation of the terms of a permit,
38-14 special permit, or exemption issued under this chapter; and
38-15 (2) the operation of a facility that:
38-16 (A) is operating without a federal <an>
38-17 operating permit required under this chapter; or
38-18 (B) is operating in violation of the terms of a
38-19 federal <an> operating permit issued under this chapter.
38-20 SECTION 29. Notwithstanding Section 2.35, Chapter 3, Acts of
38-21 the 72nd Legislature, 1st Called Session, 1991, Sections 382.0541,
38-22 382.0542, and 382.0561-382.0563, Health and Safety Code, and the
38-23 federal operating permit requirement described by Section 382.054,
38-24 Health and Safety Code, take effect on the effective date of this
38-25 Act.
39-1 SECTION 30. The importance of this legislation and the
39-2 crowded condition of the calendars in both houses create an
39-3 emergency and an imperative public necessity that the
39-4 constitutional rule requiring bills to be read on three several
39-5 days in each house be suspended, and this rule is hereby suspended,
39-6 and that this Act take effect and be in force from and after its
39-7 passage, and it is so enacted.