By Saunders 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; representation of the general public on the Texas
1-5 Natural Resources Conservation Commission; the confidentiality and
1-6 handling of agency information; appeals of commission actions;
1-7 permitting authority of the commission; fees for standard permits;
1-8 disposition of clean air fund balances, certification of
1-9 compliance; application dates, notice of intent to obtain,
1-10 hearings, issuance, administration, appeal of delay, petition for
1-11 review by EPA, enforcement and renewal of federal operating
1-12 permits; review and renewal of preconstruction permits; and
1-13 exemptions.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 ARTICLE I.
1-16 SECTION 1. Section 5.052 of the Texas Water Code is amended to
1-17 read as follows:
1-18 Section 5.052. Members of the Commission; Appointment. (a) The
1-19 commission is composed of three members who are appointed by the
1-20 governor with the advice and consent of the senate<.> to represent
1-21 the general public.
1-22 (b) The governor shall make the appointments in such a manner that
1-23 each member is from a different section of the state.
2-1 (c) Appointments to the commission shall be made without regard to
2-2 the race, color, handicap, sex, religion, age, or national origin
2-3 of the appointees.
2-4 ARTICLE II.
2-5 SECTION 1. Section <381.020>, Health and Safety Code, is
2-6 renumbered as follows:
2-7 Section 382.041. DOCUMENTS; PUBLIC PROPERTY. All information,
2-8 documents, and data collected by the board in performing its duties
2-9 are state property. Subject to the limitations of Section
2-10 <381.022>, 382.042 all board records are public records open to
2-11 inspection by any person during regular office hours.
2-12 SECTION 2. Section <381.022.>, Health and Safety Code, is
2-13 renumbered and amended to read as follows:
2-14 Section 382.042. CONFIDENTIAL INFORMATION. A member, employee, or
2-15 agent of the board may not disclose information submitted to the
2-16 board relating to secret processes or methods of manufacture or
2-17 production that is identified as confidential when submitted. It
2-18 is provided; however, that a member, employee or agent of the board
2-19 may disclose such information upon request, to representatives of
2-20 the United States Environmental Protection Agency, but shall at the
2-21 time of disclosure, notify the representatives that the material
2-22 has been identified as confidential pursuant to this section.
2-23 SECTION 3. Section 382.032, Health and Safety Code, is amended to
2-24 read as follows:
2-25 Section 382.032. APPEAL OF BOARD ACTION.
3-1 (a) A person affected by a ruling, order, decision, or other
3-2 act of the board may appeal the action by filing a petition in a
3-3 district court of Travis County.
3-4 (b) The petition must be filed within 30 days after the date
3-5 of the board's action or in the case of a ruling, order, or
3-6 decision, within 30 days after the effective date of the ruling,
3-7 order, or decision. If the board action being appealed is the
3-8 board's failure to take final action on an application for a
3-9 federal operating permit, a reopening of a federal operating
3-10 permit, a revision to a federal operating permit or a permit
3-11 renewal application for a federal operating permit in accordance
3-12 with Section 382.0542(b), the petition may be filed at any time
3-13 before the board takes final action.
3-14 (c) Service of citation on the board must be accomplished
3-15 within 30 days after the date on which the petition is filed.
3-16 Citation may be served on the executive director or any board
3-17 member.
3-18 (d) The plaintiff shall pursue the action with reasonable
3-19 diligence. If the plaintiff does not prosecute the action within
3-20 one year after the date on which the action is filed, the court
3-21 shall presume that the action has been abandoned. The court shall
3-22 dismiss the suit on a motion for dismissal made by the attorney
3-23 general unless the plaintiff, after receiving due notice, can show
3-24 good and sufficient cause for the delay.
3-25 (e) In an appeal of a board action other than cancellation
4-1 or suspension of a variance, the issue is whether the action is
4-2 invalid, arbitrary, or unreasonable.
4-3 (f) An appeal of the cancellation or suspension of a
4-4 variance must be tried in the same manner as appeals from the
4-5 justice court to the county court.
4-6 SECTION 4. Section 382.051(b) of the Health and Safety Code is
4-7 amended to read as follows:
4-8 Section 382.051. Permitting Authority of Board; Rules. (a) The
4-9 board may issue a permit:
4-10 (1) to construct a new facility or modify an existing
4-11 facility that may emit air contaminants; or
4-12 (2) to operate a federal source.
4-13 (b) <The> To assist in fulfilling its authorization in subsection
4-14 (a), the board may issue:
4-15 (1) special permits for certain facilities;
4-16 (2) a general permit developed by rule for numerous similar
4-17 sources subject to Section 382.054 <or>;
4-18 (3) a standard permit developed by rule for numerous similar
4-19 facilities subject to Section 382.0518; or
4-20 <(3)> (4) a single federal operating permit or
4-21 preconstruction permit for multiple sources or facilities located
4-22 at the same site.
4-23 (5) other such permits as necessary.
4-24 (c) The board may issue a federal operating permit for a federal
4-25 source in violation only if the operating permit incorporates a
5-1 compliance plan for the source<, as equipped by Section 503 of the
5-2 federal Clean Air Act (42 USC Section 7661b), as added by Section
5-3 501 and any rules adopted by the board,> as a condition of a
5-4 permit.
5-5 (d) The board shall adopt rules as necessary to comply with
5-6 changes in federal law or regulations applicable to permits issued
5-7 under this chapter.
5-8 SECTION 5. Section 382.0511 of the Health and Safety Code is
5-9 amended to read as follows:
5-10 Sec. 382.0511. Permit Consolidation and Amendment.
5-11 (a) The board may consolidate into a single permit:
5-12 (1) any permits, special permits, or exemptions for a
5-13 facility or source issued by the board before December 1, 1991; or
5-14 (2) any permit issued by the board on or after
5-15 December 1, 1991, with any permits, special permits, or exemptions
5-16 issued or qualified for by that date.
5-17 (b) Consistent with the rules adopted under Subsection (d)
5-18 and the limitations of this chapter, including limitations that
5-19 apply to the modification of an existing facility, the board may
5-20 amend, revise, or modify a permit.
5-21 <(c) The board may allow changes within a permitted facility
5-22 or a facility that has filed a timely and complete application for
5-23 a federal operating permit under Section 382.054 without requiring
5-24 a permit revision if:>
5-25 <(1) the changes are not modifications under any
6-1 provision of Title I of the federal Clean Air Act Amendments of
6-2 1990 (Pub.L. No. 101-549);>
6-3 <(2) the changes do not cause emissions in excess of
6-4 emissions allowable under the permit;>
6-5 <(3) the changes do not alter any permit condition;
6-6 and>
6-7 <(4) the facility notifies the board in writing at
6-8 least seven days in advance of the proposed changes, unless the
6-9 board by rule provides a different time frame for emergencies.>
6-10 (c) The board may adopt rules authorizing changes within a
6-11 federal source to proceed without prior receipt of or revisions to
6-12 a federal operating permit, provided that the owner or operator has
6-13 obtained any preconstruction permit or permit amendment required by
6-14 Section 382.0518 or an exemption allowed under Section 382.057.
6-15 (d) The board by rule shall develop criteria and
6-16 administrative procedures to implement Subsections (b) and (c).
6-17 (e) When multiple facilities have been consolidated into a
6-18 single permit under this section and the consolidated permit is
6-19 reopened for consideration of an amendment relating to one or more
6-20 facilities authorized by that permit, the permit is not considered
6-21 reopened with respect to facilities for which an amendment,
6-22 revision, or modification is not sought unless this chapter
6-23 specifically authorizes or requires that additional reopening in
6-24 order to protect the public's health and physical property.
6-25 SECTION 6. Section 382.0513, Health and Safety Code, is amended to
7-1 read as follows:
7-2 Section 382.0513. Permit Conditions.
7-3 The board may establish <by rule> and enforce permit
7-4 conditions consistent with this chapter. <and rules adopted by the
7-5 board.>
7-6 SECTION 7. Section 382.0514, Health and Safety Code, is amended to
7-7 read as follows:
7-8 Section 382.0514. SAMPLING, <AND> MONITORING, and CERTIFICATION.
7-9 The board may require, at the expense of the permit holder
7-10 and as a condition of the permit:
7-11 (1) sampling and monitoring of a permitted source or
7-12 facility; <and>
7-13 (2) <a regular periodic report of sampling and
7-14 monitoring results.> certification of the compliance of the owner
7-15 or operator of the permitted federal source with all applicable
7-16 requirements and with the terms and conditions of the permit; and
7-17 (3) a periodic report of the results of sampling and
7-18 monitoring <results> and of the certification of compliance.
7-19 SECTION 8. Section 382.054, Health and Safety Code, is amended to
7-20 read as follows:
7-21 Section 382.054. Federal Operating Permit.
7-22 <A> Subject to Section 382.0511(c) a person may not operate a
7-23 federal source unless the person has obtained a federal operating
7-24 permit from the board under Sections 382.0541 <and>, 382.0542, or
7-25 382.0543.
8-1 SECTION 9. Section 382.0541, Health and Safety Code, is amended to
8-2 read as follows:
8-3 Section 382.0541. Administration and Enforcement of Federal
8-4 Operating Permit.
8-5 (a) The board may<:> adopt rules to:
8-6 (1) require a federal source <subject> to obtain a
8-7 permit pursuant to <Title III of> the federal Clean Air Act
8-8 <Amendments of 1990 (Pub.L. No. 101-549) to comply with that Act
8-9 and regulations adopted under that Act>;
8-10 (2) require an existing facility or source to use, at
8-11 a minimum, any applicable maximum achievable control technology
8-12 required by the board or by the United States Environmental
8-13 Protection Agency;
8-14 (3) require <a new or modified facility or source
8-15 subject to Title III> facilities or sources, which are new or
8-16 modified and are subject to section 112(g) of the federal Clean Air
8-17 Act <Amendments of 1990 (Pub.L. No. 101-549)> to use, at a minimum,
8-18 the more stringent of:
8-19 (A) the best available control technology,
8-20 considering the technical practicability and economic
8-21 reasonableness of reducing or eliminating emissions from the
8-22 proposed facility or source; or
8-23 (B) any applicable maximum achievable control
8-24 technology (MACT), including any MACT developed pursuant to Section
8-25 112(g) of the federal Clean Air Act (42 U.S.C. Section 7412);<, as
9-1 amended by Section 301 of the federal Clean Air Act Amendments of
9-2 1990 (Pub.L. No. 101-549), required by the board or by the United
9-3 States Environmental Protection Agency;>
9-4 (4) establish maximum achievable control technology
9-5 requirements <on a case-by-case basis> if the United States
9-6 Environmental Protection Agency does not <adopt> establish those
9-7 requirements<;> in accordance with section 112(j) of the federal
9-8 Clean Air Act;
9-9 (5) issue initial permits with terms not to exceed
9-10 five years for federal sources under Title <IV or> V of the federal
9-11 Clean Air Act <Amendments of 1990 (Pub.L. No. 101-549)>, with
9-12 <five-year> terms not to exceed five years for all subsequently
9-13 issued or renewed permits;
9-14 (6) administer the use of emissions allowances under
9-15 Section 408 of the federal Clean Air Act (42 U.S.C. Section 7651g);
9-16 <, as amended by Section 401 of the federal Clean Air Act
9-17 Amendments of 1990 (Pub.L. No. 101-549)>;
9-18 (7) reopen and revise an affected federal operating
9-19 permit when:
9-20 (A) that permit has a <with a> term of three
9-21 years or more remaining in order to incorporate requirements under
9-22 the federal Clean Air Act (42 U.S.C. Section 7401 et seq.) adopted
9-23 after the permit is issued; <and>
9-24 (B) additional requirements become applicable to
9-25 an affected source under the acid rain program;
10-1 (C) the federal operating permit contains a
10-2 material mistake or if inaccurate statements were made in
10-3 establishing the emissions standards or other terms or conditions
10-4 of the federal operating permit; or
10-5 (D) a determination is made that the permit must
10-6 be revised or revoked to assure compliance with the applicable
10-7 requirements.
10-8 (8) incorporate a federal implementation plan as a
10-9 condition of a permit issued by the board<.> ;
10-10 (9) exempt sources from the obligation to obtain a
10-11 federal operating permit;
10-12 (10) provide that all representations in an
10-13 application for a permit under Title IV of the federal Clean Air
10-14 Act, are binding on the applicant until issuance or denial of the
10-15 permit;
10-16 (11) provide that all terms and conditions of any
10-17 federal operating permit required under Title IV of the federal
10-18 Clean Air Act shall be a complete and segregable section of the
10-19 federal operating permit; and
10-20 (12) issue initial permits with fixed terms of five
10-21 years for federal sources under Title IV of the federal Clean Air
10-22 Act with fixed five-year terms for all subsequently issued or
10-23 renewed permits.
10-24 (b) The board by rule shall provide for objection by the
10-25 administrator to the issuance of any operating or general permit
11-1 subject to Title V of the federal Clean Air Act <Amendments of 1990
11-2 (Pub.L. No. 101-549)> and shall authorize the administrator to
11-3 revoke and reissue, terminate, reopen or modify a federal operating
11-4 permit.
11-5 (c) This section does not affect the permit requirements of
11-6 Section 382.0518, except that the board may consolidate with an
11-7 existing permit issued under this section a permit required by
11-8 Section 382.0518.
11-9 (d) The board shall promptly provide notice to the applicant
11-10 of whether the application is complete. Unless the board requests
11-11 additional information or otherwise notifies the applicant of
11-12 incompleteness within 60 days of receipt of an application, the
11-13 application shall be deemed complete.
11-14 <(d)> (e) Subsection (a)(3) and (4) does not prohibit the
11-15 applicability of at least the best available control technology to
11-16 a new or modified facility or source under Section 382.0518(b)(1).
11-17 SECTION 10. Section 382.0542, Health and Safety Code, is amended
11-18 to read as follows:
11-19 Section 382.0542. Issuance of Federal Operating Permit;
11-20 Appeal of Delay.
11-21 <(a) The board shall grant a permit required by Section
11-22 382.054 not later than 18 months after the date on which the board
11-23 receives an administratively complete application if, from
11-24 information available to the board, including information presented
11-25 at any hearing held under Section 382.0561, the board finds that
12-1 the facility or source for which the permit is sought meets the
12-2 requirements of Subsection (b).>
12-3 <(b)> (a) A <facility or> federal source is eligible for a
12-4 permit required by Section 382.054 if from the information
12-5 available to the board, including information presented at any
12-6 hearing held under Section 382.0561, the board finds that:
12-7 <(1) emissions from the facility or source will comply
12-8 with the intent of this chapter, including protection of the
12-9 public's health and physical property;>
12-10 <(2)> (1) the <facility or> federal source will use,
12-11 at a minimum, any applicable maximum achievable control technology
12-12 required by the board or by the United States Environmental
12-13 Protection Agency;
12-14 <(3)> (2) <for new or modified source or facility
12-15 subject to Title III of the federal Clean Air Act Amendments of
12-16 1990 (Pub.L. No. 101-549)> for a federal source which is new or
12-17 modified and subject to section 112(g) of the federal Clean Air Act
12-18 <Amendments of 1990 (Pub. L. No. 101-549)>, the federal source <or
12-19 facility> will use, at a minimum, the more stringent of:
12-20 (A) the best available control technology,
12-21 considering the technical practicability and economic
12-22 reasonableness of reducing or eliminating the emissions from the
12-23 proposed <facility or> federal source; or
12-24 (B) any applicable maximum achievable control
12-25 technology required by the board or by the United States
13-1 Environmental Protection Agency; and
13-2 <(4)> (3) <emissions from the> The <facility or>
13-3 federal source will comply with the <all> following <applicable>
13-4 requirements, if applicable: <of:>
13-5 <(A) Title III of the federal Clean Air Act
13-6 Amendments of 1990 (Pub.L. No. 101-549);>
13-7 <(B) Title IV of the federal Clean Air Act
13-8 Amendments of 1990 (Pub.L. No. 101-549);>
13-9 <(C) Sections 111 and 112 of the federal Clean
13-10 Air Act (42 U.S.C. Sections 7411 and 7412);>
13-11 <(D) Parts C and D of Title I of the federal
13-12 Clean Air Act (42 U.S.C. Sections 7470 et seq. and 7501 et seq.);>
13-13 <(E) the state implementation plan requirements
13-14 approved by the United States Environmental Protection Agency;>
13-15 <(F) this chapter and rules adopted under this
13-16 chapter; and>
13-17 <(G) the federal Clean Air Act (42 U.S.C.
13-18 Section 7401 et seq.) as revised.>
13-19 (A) Title V of the federal Clean Air Act and the
13-20 regulations promulgated thereunder;
13-21 (B) any standard or other requirement provided
13-22 for in the applicable implementation plan approved or promulgated
13-23 by EPA through rulemaking under title I of the federal Clean Air
13-24 Act that implements the relevant requirements of the Act, including
13-25 any revisions to that plan promulgated in 40 C.F.R. Part 52;
14-1 (C) any term or condition of any preconstruction
14-2 permits issued pursuant to regulations approved or promulgated
14-3 through rulemaking under Part C or D of Title I of the federal
14-4 Clean Air Act;
14-5 (D) any standard or other requirement under
14-6 section 111 of the federal Clean Air Act, including section 111(d);
14-7 (E) any standard or other requirement under
14-8 section 112 of the federal Clean Air Act including any requirement
14-9 concerning accident prevention under section 112(r)(7) of the Act;
14-10 (F) any standard or other requirement of the
14-11 acid rain program under title IV of the federal Clean Air Act or
14-12 the regulations promulgated thereunder;
14-13 (G) any requirements established pursuant to
14-14 section 504(b) or section 114(a)(3) of the federal Clean Air Act;
14-15 (H) any standard or other requirement governing
14-16 solid waste incineration under section 129 of the federal Clean Air
14-17 Act Amendments of 1990 (Pub.L. 101-549);
14-18 (I) any standard or other requirement for
14-19 consumer and commercial products under section 183(e) of the
14-20 federal Clean Air Act;
14-21 (J) any standard or other requirement for tank
14-22 vessels under section 183(f) of the federal Clean Air Act;
14-23 (K) any standard or other requirement of the
14-24 program to control air pollution from outer continental shelf
14-25 sources, under section 328 of the federal Clean Air Act;
15-1 (L) any standard or other requirement of the
15-2 regulations promulgated to protect stratospheric ozone under title
15-3 VI of the federal Clean Air Act unless the Administrator has
15-4 determined that such requirements need not be contained in a title
15-5 V permit; and
15-6 (M) any national ambient air quality standard or
15-7 increment or visibility requirement under part C of title I of the
15-8 federal Clean Air Act, but only as it would apply to temporary
15-9 sources permitted pursuant to section 504(e) of the federal Clean
15-10 Air Act;
15-11 <(c)> (b) <If the> The board <does not act> shall:
15-12 (1) take final action on <a permit application or> an
15-13 application for a permit, permit revision, or permit renewal
15-14 <application> within 18 months of the date on which the board
15-15 receives an administratively complete application<,>. <a person
15-16 affected by the board's failure to act may obtain judicial review
15-17 under Section 382.032. A reviewing court may order the board to
15-18 act on the application without additional delay if it finds that
15-19 the board's failure to act is arbitrary or unreasonable.>
15-20 (2) Under an interim program, for those federal
15-21 sources required to file initial applications prior to or within
15-22 one year of the effective date of the interim program, take final
15-23 action on at least one-third of those applications annually over a
15-24 period not to exceed three years after such effective date.
15-25 (3) under the fully approved program, for those
16-1 federal sources required to file initial applications prior to or
16-2 within one year of the effective date of the fully approved
16-3 program, take final action on at least one-third of those
16-4 applications annually over a period not to exceed three years after
16-5 such effective date.
16-6 (4) take final action on a permit reopening not later
16-7 than 18 months after promulgation of the applicable requirement
16-8 that prompted the reopening.
16-9 (c) If the board fails to take final action pursuant to
16-10 382.0542(b), any person affected by the board's failure to act may
16-11 obtain judicial review under Section 382.032. A reviewing court
16-12 may order the board to act on the application without additional
16-13 delay if it finds that the board's failure to act is arbitrary or
16-14 unreasonable.
16-15 <(d) In considering the issuance, amendment, or renewal of a
16-16 permit, the board may consider any adjudicated decision or
16-17 compliance proceeding within the five years before the date on
16-18 which the application was filed that addressed the applicant's past
16-19 performance and compliance with the laws of this state, another
16-20 state, or the United States governing air contaminants or with the
16-21 terms of any permit or order issued by the board.>
16-22 <(e)> (d) Subsection <(b)(3)> (a)(2) does not prohibit the
16-23 applicability of at least the best available control technology to
16-24 a new or modified facility or source under Section 382.0518(b)(1).
16-25 SECTION 11. Chapter 382, Health and Safety Code, is amended by
17-1 adding Section 382.0543 to read as follows:
17-2 382.0543 REVIEW AND RENEWAL OF FEDERAL OPERATING PERMIT
17-3 (a) Pursuant to Section 382.0541(a)(5), a federal operating
17-4 permit issued or renewed by the board is subject to review at least
17-5 every five years after the date of issuance to determine whether
17-6 the authority to operate should be renewed.
17-7 (b) The board by rule shall establish:
17-8 (1) the procedures for notifying permit holders that
17-9 the permit is scheduled for review in accordance with this section.
17-10 (2) a deadline by which the holder of a permit must
17-11 submit an application for renewal of the permit. In no case shall
17-12 a renewal application be due less than 6 months prior to permit
17-13 expiration nor more than 18 months prior to expiration.
17-14 (3) the general requirements for an application; and
17-15 (4) the procedures for reviewing and acting on renewal
17-16 applications.
17-17 (c) The board shall promptly provide notice to the applicant
17-18 of whether the application is complete. Unless the board requests
17-19 additional information or otherwise notifies the applicant of
17-20 incompleteness within 60 days of receipt of an application, the
17-21 application shall be deemed complete.
17-22 (d) The board shall take final action on a renewal
17-23 application for a federal operating permit within 18 months after
17-24 an application is determined to be administratively complete. If
17-25 the board does not act on a permit renewal application within 18
18-1 months of the date on which the board receives an administratively
18-2 complete application, any person who participated in the public
18-3 participation process or a person affected by the board's failure
18-4 to act may obtain judicial review under Section 382.032.
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)(A) to (M); 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 Act. The terms or conditions of the
18-14 renewed permit must provide for compliance with any applicable
18-15 requirement under Title V of the federal Clean Air Act. The board
18-16 may not impose requirements less stringent than those of the
18-17 existing permit unless the board determines that a proposed change
18-18 will meet the requirements of Section 382.0541.
18-19 (g) If the applicant submits a timely and complete
18-20 application for federal operating permit renewal but the TACB has
18-21 failed to issue or deny the renewal permit before the end of the
18-22 term of the previous permit then:
18-23 (1) the applicant may continue to operate until the
18-24 permit application is issued or denied, subject to the condition
18-25 that the applicant submit, by the deadline specified in writing by
19-1 the TACB, any additional information needed to process the
19-2 application requested in writing by the TACB; and
19-3 (2) all terms and conditions of the permit shall
19-4 remain in effect until the renewal permit has been issued or
19-5 denied.
19-6 (h) This section does not affect the board's authority to
19-7 begin enforcement action under Sections 382.082-382.084.
19-8 SECTION 12. Section 382.055, Health and Safety Code, is amended to
19-9 read as follows:
19-10 Section 382.055. REVIEW AND RENEWAL OF PRECONSTRUCTION PERMIT.
19-11 (a) <Subject to Section 382.0541(a)(5), a> A preconstruction
19-12 permit issued or renewed by the board <on or after December 1,
19-13 1991,> is subject to review <every five years after the date of
19-14 issuance> to determine whether the authority to operate should be
19-15 renewed<. A permit issued before December 1, 1991, is subject to
19-16 review 15 years after the date of issuance.> according to the
19-17 following schedule:
19-18 (1) a preconstruction permit issued before December 1,
19-19 1991, is subject to review no later than 15 years after the date of
19-20 issuance<.> ; and
19-21 (2) a preconstruction permit issued on or after
19-22 December 1, 1991 shall be subject to review every 10 years;
19-23 provided, however, that for cause, a preconstruction permit for a
19-24 facility at a nonfederal source may contain a provision requiring
19-25 the permit to be renewed at a period of between five and 10 years.
20-1 (b) The board by rule shall establish:
20-2 (1) a deadline by which the holder of a
20-3 preconstruction permit must submit an application for review of the
20-4 permit;
20-5 (2) the general requirements that must be met by the
20-6 applicant; and
20-7 (3) the procedures for reviewing and acting on
20-8 <review> renewal applications.
20-9 (c) Not less than 180 days before the date on which the
20-10 renewal application is due, the board shall provide written notice
20-11 to the permit holder, by registered or certified mail, that the
20-12 permit is scheduled for review in accordance with this section.
20-13 The notice must include a description of the procedure for filing a
20-14 review application and the information to be included in the
20-15 application.
20-16 (d) In determining whether and under which conditions a
20-17 preconstruction permit should be renewed, the board shall consider,
20-18 at a minimum:
20-19 (1) whether the facility is or has been in substantial
20-20 compliance with this chapter and the terms of the existing permit;
20-21 (2) the condition and effectiveness of existing
20-22 emission control equipment and practices<; and> .
20-23 <(3) all applicable requirements of the federal Clean
20-24 Air Act Amendments of 1990 (Pub. L. No. 101-549).>
20-25 (e) The board shall impose as a condition for renewal of a
21-1 preconstruction permit <any applicable requirements of Title V of
21-2 the federal Clean Air Act Amendments of 1990 (Pub. L. No. 101-549),
21-3 as well as> those requirements determined to be economically
21-4 reasonable and technically practicable considering the age of the
21-5 facility and the effect of its emissions on the surrounding area.
21-6 The board may not impose requirements less stringent than those of
21-7 the existing permit unless the board determines that a proposed
21-8 change will meet the requirements of Sections 382.0518. <and
21-9 382.0541>
21-10 (f) <In this subsection, a "reasonable time" may not exceed
21-11 the time limitations established by the United States Environmental
21-12 Protection Agency for federal sources under Title IV or V of the
21-13 federal Clean Air Act Amendments of 1990 (Pub. L. No. 101-549).
21-14 The board shall renew a permit within a reasonable time after the
21-15 date on which a complete application is filed or,> No later than
21-16 180 days after the date on which the application for renewal is
21-17 filed, the board shall renew the permit, or if the board determines
21-18 that the facility will not meet the requirements for renewing the
21-19 permit, shall:
21-20 (1) set out in a report to the applicant the basis for
21-21 the board's determination; and
21-22 (2) establish a schedule, to which the applicant must
21-23 adhere in meeting the board's requirements, that:
21-24 (A) includes a final date for meeting the
21-25 board's requirements; and
22-1 (B) requires completion of that action as
22-2 expeditiously as possible.
22-3 (g) If the applicant meets the board's requirements in
22-4 accordance with the schedule, the board shall renew the permit. If
22-5 the applicant does not meet those requirements in accordance with
22-6 the schedule, the applicant must show in a contested case
22-7 proceeding why the permit should not expire immediately. The
22-8 applicant's permit is effective until:
22-9 (1) the final date specified by the board's report to
22-10 the applicant;
22-11 (2) the existing permit is renewed; or
22-12 (3) the date specified by a board order issued
22-13 following a contested case proceeding held under this section.
22-14 (h) If the holder of a preconstruction permit to whom the
22-15 board has mailed notice of this section does not apply for review
22-16 of that permit by the date specified by the board under this
22-17 section<:> then the permit shall expire at the end of the period
22-18 described in subsection (a).
22-19 <(1) a permit issued on or after December 1, 1991,
22-20 expires five years after the date on which the permit is originally
22-21 issued or, if the permit has been renewed, five years after the
22-22 date on which the permit is last renewed; and>
22-23 <(2) a permit issued before December 1, 1991, expires
22-24 15 years after the date on which the permit is originally issued
22-25 or, if the permit has been renewed before December 1, 1991, 15
23-1 years after the date on which the permit is last renewed.>
23-2 (i) This section does not affect the board's authority to
23-3 begin enforcement action under Sections 382.082-382.084.
23-4 SECTION 13. Section 382.056, Health and Safety Code, is
23-5 amended to read as follows:
23-6 Sec. 382.056. Notice of Intent to Obtain Permit or Permit
23-7 Review; Hearing.
23-8 (a) An applicant for a permit under Section 382.0518 or for
23-9 a permit renewal review under Section 382.055 shall publish notice
23-10 of intent to obtain the permit or permit review. The board, by
23-11 rule, may require applicants for federal operating permits to
23-12 publish notice of intent to obtain a permit or permit review
23-13 consistent with the federal requirements and with the requirements
23-14 of this section. The applicant shall publish the notice at least
23-15 once in a newspaper of general circulation in the municipality in
23-16 which the facility or source is located or is proposed to be
23-17 located or in the municipality nearest to the location or proposed
23-18 location of the facility or source. The board by rule shall
23-19 prescribe when notice must be published and may require publication
23-20 of additional notice.
23-21 (b) The notice must include:
23-22 (1) a description of the location or proposed location
23-23 of the facility;
23-24 (2) a statement that a person who may be affected by
23-25 emissions of air contaminants from the facility, <or> proposed
24-1 facility, or source is entitled to request a hearing from the
24-2 board;
24-3 (3) a description of the manner in which the board may
24-4 be contacted for further information; and
24-5 (4) any other information the board by rule requires.
24-6 (c) At the site of a facility, <or> proposed facility, or
24-7 source subject to subsection (a) of this section <for which a
24-8 permit application or permit review application is submitted,> the
24-9 applicant shall place a sign declaring the filing of an application
24-10 for a permit or permit review for a facility at the site and
24-11 stating the manner in which the board may be contacted for further
24-12 information. The board shall adopt any rule necessary to carry out
24-13 this subsection.
24-14 (d) Except as provided by Section 382.0561, the board or its
24-15 delegate shall hold a public hearing on the permit application or
24-16 permit review application before granting the permit or renewal if
24-17 a person who may be affected by the emissions, or a member of the
24-18 legislature from the general area in which the facility or proposed
24-19 facility is located, requests a hearing within the period set by
24-20 board rule. The board is not required to hold a hearing if the
24-21 basis of a request by a person who may be affected is determined to
24-22 be unreasonable.
24-23 SECTION 14. Section 382.0561, Health and Safety Code, is amended
24-24 to read as follows:
24-25 Section 382.0561. Federal Operating Permit: Hearing.
25-1 (a) The following public hearings shall be conducted under
25-2 this section only and not under the Administrative Procedure and
25-3 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
25-4 Statutes):
25-5 (1) a public hearing on a permit application for a
25-6 federal operating permit or for a federal operating permit
25-7 reopening, under Sections 382.054-382.0542 <that is not subject to
25-8 Section 382.0518>; or
25-9 (2) a public hearing on an application for renewal of
25-10 a federal operating permit under Section <382.055.> 382.0543.
25-11 (b) On determination that an application for a federal
25-12 operating permit under Sections 382.054-382.0542 or a renewal of a
25-13 federal operating permit under Section <382.055> 382.0543 is
25-14 administratively complete and before the beginning of the public
25-15 comment period, the board or its designee shall prepare a draft
25-16 permit.
25-17 (c) The board or its designee shall hold a public hearing on
25-18 a federal operating permit, a reopening of a federal operating
25-19 permit, or renewal application before granting the permit or
25-20 renewal if within the public comment period a person who may be
25-21 affected by the emissions or a member of the legislature from the
25-22 general area in which the facility is located requests a hearing.
25-23 The board or its designee is not required to hold a hearing if the
25-24 basis of the request by a person who may be affected is determined
25-25 to be unreasonable.
26-1 (d) The following shall be available for public inspection
26-2 in at least one location in the general area where the facility is
26-3 located:
26-4 (1) information submitted by the application, subject
26-5 to applicable confidentiality laws;
26-6 (2) the executive director's analysis of the proposed
26-7 action; and
26-8 (3) a copy of the draft permit.
26-9 (e) The board or its designee shall hold a public comment
26-10 period on a federal operating permit application, a federal
26-11 operating permit reopening or permit renewal application under
26-12 Sections 382.054-382.0542 or <382.055.> 382.0543. Any person may
26-13 submit a written statement to the board during the public comment
26-14 period. The <executive director> board or its designee shall
26-15 receive public comment for 30 days after the date on which notice
26-16 of the public comment period is published. The <executive
26-17 director> board or its designee may extend or reopen the comment
26-18 period if the director finds an extension or reopening to be
26-19 appropriate.
26-20 (f) Notice of the public comment period and opportunity for
26-21 a hearing under this section shall be published in accordance with
26-22 Section 382.056.
26-23 (g) Any person may submit an oral or written statement
26-24 concerning the application at the hearing. The individual holding
26-25 the hearing may set reasonable limits on the time allowed for oral
27-1 statements at the hearing. The public comment period extends to
27-2 the close of the hearing and may be further extended or reopened if
27-3 the <executive director> board or its designee finds an extension
27-4 or reopening to be appropriate.
27-5 (h) Any person, including the applicant, who believes that
27-6 any condition of the draft permit is inappropriate or that the
27-7 <executive director's> board or its designee's preliminary
27-8 decision to issue or deny a permit is inappropriate must raise all
27-9 reasonably ascertainable issues and submit all reasonably available
27-10 arguments supporting that position by the end of the public comment
27-11 period.
27-12 (i) The <executive director> the board or its designee shall
27-13 consider all comments received during the public comment period and
27-14 at the public hearing in determining whether to issue the permit
27-15 and what conditions should be included if a permit is issued.
27-16 SECTION 15. Section 382.0562, Health and Safety Code, is amended
27-17 to read as follows:
27-18 Section 382.0562. Notice of Decision. (a) The <executive
27-19 director> board or its designee shall send notice of a decision on
27-20 a federal operating permit by first-class mail to the applicant and
27-21 all persons who comment during the public comment period or at the
27-22 public hearing. The notice shall include a response to any comment
27-23 submitted during the public comment period and shall identify any
27-24 change in the conditions of the draft permit and the reasons for
27-25 the change.
28-1 (b) The notice required by Subsection (a) shall:
28-2 (1) state that any person affected by the decision of
28-3 the <executive director> board or its designee may petition the
28-4 administrator <appeal the decision to the board> not later than the
28-5 <30th> 60th day after the date on which notice was mailed;
28-6 (2) state the date by which <an appeal> the petition
28-7 must be filed;
28-8 (3) explain the <appeal> petition process. <and
28-9 explain that an appeal is a contested case hearing before the
28-10 board; and>
28-11 <(4) state that a letter to the board stating that the
28-12 person is appealing the decision constitutes an appeal of the
28-13 decision.>
28-14 SECTION 16. Section 382.0563, Health and Safety Code, is renamed
28-15 and amended to read as follows:
28-16 Section 382.0563. <Appeal >þLto Boardää PUBLIC PETITION TO THE
28-17 ADMINISTRATOR.
28-18 <(a) Any person, including the applicant, affected by a
28-19 decision of the executive director under Section 382.0561 may
28-20 appeal the decision to the board not later than the 30th day after
28-21 the date on which notice was mailed. The issues on appeal must be
28-22 identified with specificity in the request for a contested case
28-23 hearing.>
28-24 (a) Any person, including the applicant, affected by a
28-25 decision of the board or its designee under Sections 382.0541,
29-1 382.0542, or 382.0543 may petition the Administrator not later than
29-2 the 60th day after the date on which notice required by 382.0562
29-3 was mailed, or 60 days after date of issuance, renewal or
29-4 modification of the permit. Any such petition shall be based
29-5 solely on objections to the permit that were raised with reasonable
29-6 specificity during the public comment period unless the petitioner
29-7 demonstrates that it was impracticable to raise such objections
29-8 within such period or unless the grounds for such objection arose
29-9 after such period.
29-10 <(b) An appeal under this section is a contested case
29-11 hearing under the Administrative Procedure and Texas Register Act
29-12 (Article 6252-13a, Vernon's Texas Civil Statutes).>
29-13 (b) The petition for review to the Administrator under this
29-14 section does not affect a permit issued by the board or its
29-15 designee. The board or its designee shall have 90 days from
29-16 receipt of an EPA objection to resolve any objection that EPA makes
29-17 and to terminate, modify, or revoke and reissue the permit in
29-18 accordance with EPA's objection.
29-19 <(c) The filing of an appeal to the board under this section
29-20 does not affect a permit issued by the executive director. A final
29-21 order by the board reversing or modifying the executive director's
29-22 decision takes effect when it becomes final and appealable.>
29-23 SECTION 17. Section 382.0564, Health and Safety Code, is amended
29-24 to read as follows:
29-25 Sec. 382.0564. Notification to Other Governmental Entities. The
30-1 board by rule <shall> may allow for notification of and review by
30-2 the administrator and affected states of <any permit application or
30-3 draft permit> permit applications, revisions, renewals or draft
30-4 permits prepared under Sections 382.054-<382.0542> 382.0543. <if
30-5 notification and review is requested.>
30-6 SECTION 18. Section 382.057, Health and Safety Code, is amended to
30-7 read as follows:
30-8 Section 382.057. Exemption.
30-9 (a) Consistent with Section 382.0511, the board by rule may
30-10 exempt from the requirements of Section 382.0518 <and Sections
30-11 382.054-382.0542> changes within a permitted facility and certain
30-12 types of facilities if it is found on investigation that such
30-13 changes or types of facilities will not make a significant
30-14 contribution of air contaminants to the atmosphere<,> . <except as
30-15 prohibited by the federal Clean Air Act Amendments of 1990 (Pub. L.
30-16 No. 101-549).> The board may not exempt any source or facility or
30-17 any modification of an existing facility defined as "major" under
30-18 the federal Clean Air Act <Amendments of 1990 (Pub. L. No.
30-19 101-549)> or regulations adopted under that Act.
30-20 (b) The board shall adopt rules specifically defining the
30-21 terms and conditions for an exemption under this section in a
30-22 nonattainment area as defined by Title I of the federal Clean Air
30-23 Act (42 U.S.C. Section 7401 et seq.).
30-24 SECTION 19. Section 382.059, Health and Safety Code, is amended to
30-25 read as follows:
31-1 Section 382.059. Revocation of Permit or Exemption. (a) The
31-2 board may revoke and reissue, terminate, or modify a federal
31-3 operating permit, preconstruction permit or exemption issued under
31-4 this chapter if the board determines that:
31-5 (1) any of the terms of the federal operating permit,
31-6 preconstruction permit or exemption are being violated; or
31-7 (2) emissions from the proposed facility will
31-8 contravene air pollution control standards set by the board or will
31-9 contravene the intent of this chapter.
31-10 (3) the federal operating permit contains a material
31-11 mistake or that inaccurate statements were made in establishing the
31-12 emissions standards or other terms or conditions of the federal
31-13 operating permit.
31-14 (b) The board may<:>
31-15 <(1) begin proceedings to revoke and reissue,
31-16 terminate, or modify a permit if a violation at a proposed facility
31-17 is continued after 180 days following the date on which the notice
31-18 of violation is provided under Section 382.082; and>
31-19 <(2)> consider good faith efforts to correct the
31-20 violation in deciding whether to revoke and reissue, terminate, or
31-21 modify a federal operating permit, preconstruction permit or
31-22 exemption.
31-23 SECTION 20. Section 382.0591, Health and Safety Code, is amended
31-24 to read as follows:
31-25 Section 382.0591. Denial of Application for Permit; Assistance
32-1 Provided by <Certain> Former or Current Employees. (a) The board
32-2 shall deny an application for the issuance, amendment, renewal, or
32-3 transfer of a permit and may not issue, amend, renew, or transfer
32-4 the permit if the board determines that: <a former employee:>
32-5 (1) a former employee participated personally and
32-6 substantially as an employee in the board's review, evaluation, or
32-7 processing of the application before leaving employment with the
32-8 board; and
32-9 (2) after leaving employment with the board, that same
32-10 former employee provided assistance to the applicant for the
32-11 issuance, amendment, renewal, or transfer of the permit, including
32-12 assistance with preparation or presentation of the application or
32-13 legal representation of the applicant.
32-14 (b) No federal operating permit for a solid waste
32-15 incineration unit may be issued by the board or by the executive
32-16 director if a member of the board or the executive director is also
32-17 responsible in whole or in part for the design and construction or
32-18 operation of the unit.
32-19 (c) The board shall provide an opportunity for a hearing to
32-20 an applicant before denying an application under this section.
32-21 (d) Action taken under this section does not prejudice any
32-22 application other than an application in which the former employee
32-23 provided assistance.
32-24 (e) In this section, "former employee" means a person:
32-25 (1) who was previously employed by the board as a
33-1 supervisory or exempt employee; and
33-2 (2) whose duties during employment with the board
33-3 included involvement in or supervision of the board's review,
33-4 evaluation, or processing of applications.
33-5 SECTION 21. Section 382.061, Health and Safety Code is amended to
33-6 read as follows:
33-7 Sec. 382.061. Delegation of Powers and Duties. (a) The board may
33-8 delegate to the executive director the powers and duties under
33-9 Sections 382.051-<382.055, 382.057> 382.0563 and 382.059.
33-10 (b) An applicant or a person affected by a decision of the
33-11 executive director may appeal to the board any decision made by the
33-12 executive director, with the exception of those decisions regarding
33-13 federal operating permits, under sections 382.051-382.055, and
33-14 382.059.
33-15 (c) Any person, including the applicant, affected by a
33-16 decision of the executive director regarding federal operating
33-17 permits may petition the administrator pursuant to section
33-18 382.0563.
33-19 SECTION 22. Section 382.062 of the Health and Safety Code is
33-20 amended by adding a subsection (a)(1)(C) to read as follows:
33-21 Section 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 <Amendments of 1990 (Pub. L. No. 101-549)>;
34-2 (B) a renewal review of a permit issued under Section
34-3 382.0518 not subject to Title IV or V of the federal Clean Air Act
34-4 <Amendments of 1990 (Pub. L. No. 101-549)>;
34-5 (2) inspections of a facility or source performed to enforce
34-6 this chapter or rules adopted by the board under this chapter until
34-7 the facility or source is required to obtain a Title IV or V
34-8 operating permit under the federal Clean Air Act <Amendments of
34-9 1990 (Pub. L. No. 101-549)>; and
34-10 (3) inspections performed to enforce this chapter or rules
34-11 adopted by the board under this chapter at a facility or source not
34-12 required to obtain a Title IV or V operating permit under the
34-13 federal Clean Air Act <Amendments of 1990 (Pub. L. No. 101-549)>.
34-14 (b) The board may adopt rules relating to charging and collecting
34-15 a fee for an exemption from a permit or for a standard permit
34-16 authorized by board rule and for a variance.
34-17 (c) For purposes of the fees, the board shall treat two or more
34-18 facilities that compose an integrated system or process as a single
34-19 facility if a structure, device, item of equipment, or enclosure
34-20 that constitutes or contains a given stationary source operates in
34-21 conjunction with and is functionally integrated with one or more
34-22 other similar structures, devices, items of equipment, or
34-23 enclosures.
34-24 (d) A fee assessed under this section may not be less than $25 or
34-25 more than $75,000.
35-1 (e) The board by rule shall establish the fees to be collected
35-2 under Subsection (a) in amounts sufficient to recover:
35-3 (1) the reasonable costs to review and act on a variance
35-4 application and enforce the terms and conditions of the variance;
35-5 and
35-6 (2) not less than 50 percent of the board's actual annual
35-7 expenditures to:
35-8 (A) review and act on permits or special permits;
35-9 (B) amend and review permits;
35-10 (C) inspect permitted, exempted, and specially
35-11 permitted facilities; and
35-12 (D) enforce the rules and orders adopted and permits,
35-13 special permits, and exemptions issued under this chapter,
35-14 excluding rules and orders adopted and permits required under Title
35-15 IV or V of the federal Clean Air Act <Amendments of 1990 (Pub. L.
35-16 No. 101-549)>.
35-17 SECTION 23. Section 382.0622, Health and Safety Code, is amended
35-18 to read as follows:
35-19 Section 382.0622. Clean Air Act Fees. (a) Clean Air Act fees
35-20 consist of:
35-21 (1) fees collected by the board under Sections
35-22 382.062, 382.0621, and 382.037 and as otherwise provided by law;
35-23 and
35-24 (2) $2 of each advance payment collected by the
35-25 Department of Public Safety for inspection certificates for
36-1 vehicles other than mopeds under Section 141(c), Uniform Act
36-2 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
36-3 Statutes).
36-4 (b) Clean Air Act fees shall be deposited in the state
36-5 treasury to the credit of the clean air fund and shall be used to
36-6 safeguard the air resources of the state. <All unexpended and
36-7 unobligated money remaining in the fund on the last day of each
36-8 fiscal biennium shall be transferred to the credit of the general
36-9 revenue fund.>
36-10 (c) The board shall request the appropriation of sufficient
36-11 money to safeguard the air resources of the state, including
36-12 payments to the Public Safety Commission for incidental costs of
36-13 administering the vehicle emissions inspection and maintenance
36-14 program, except that after the date of delegation of the state's
36-15 permitting program under Title V of the federal Clean Air Act
36-16 <Amendments of 1990 (Pub. L. No. 101-549)>, fees collected under
36-17 Section 382.0621(a) may be appropriated only to cover costs of
36-18 developing and administering the federal permit program under
36-19 Titles IV and V of the federal Clean Air Act <Amendments of 1990
36-20 (Pub. L. No. 101-549)>.
36-21 (d)(1) Through the option of contracting for air pollution
36-22 control services, including but not limited to compliance and
36-23 permit inspections and complaint response, the board may utilize
36-24 appropriated money to purchase services from units of local
36-25 government meeting each of the following criteria:
37-1 (A) the unit of local government received
37-2 federal fiscal year 1990 funds from the United States Environmental
37-3 Protection Agency pursuant to Section 105 of the federal Clean Air
37-4 Act (42 U.S.C. Section 7405) for the operation of an air pollution
37-5 program by formal agreement;
37-6 (B) the local unit of government is in a
37-7 federally designated nonattainment area subject to implementation
37-8 plan requirements, including automobile emission inspection and
37-9 maintenance programs, under Title I of the federal Clean Air Act
37-10 <Amendments of 1990 (Pub. L. No. 101-549)>; and
37-11 (C) the local unit of government has not caused
37-12 the United States Environmental Protection Agency to provide
37-13 written notification that a deficiency in the quality or quantity
37-14 of services provided by its air pollution program is jeopardizing
37-15 compliance with a state implementation plan, a federal program
37-16 delegation agreement, or any other federal requirement for which
37-17 federal sanctions can be imposed.
37-18 (2) The board may request appropriations of sufficient
37-19 money to contract for services of local units of government meeting
37-20 the eligibility criteria of this subsection to ensure that the
37-21 combination of federal and state funds annually available for an
37-22 air pollution program is equal to or greater than the program costs
37-23 for the operation of an air quality program by the local unit of
37-24 government. The board is encouraged to fund an air pollution
37-25 program operated by a local unit of government meeting the
38-1 eligibility criteria of this subsection in a manner the board deems
38-2 an effective means of addressing federal and state requirements.
38-3 The services to be provided by an eligible local unit of government
38-4 under a contractual arrangement under this subsection shall be at
38-5 least equal in quality and quantity to the services the local unit
38-6 of government committed to provide in agreements under which it
38-7 received its federal 1990 air pollution grant. The board and the
38-8 local units of government meeting the eligibility criteria of this
38-9 subsection may agree to more extensive contractual arrangements.
38-10 (3) Nothing in this subsection shall prohibit a local
38-11 unit of government from voluntarily discontinuing an air pollution
38-12 program and thereby relinquishing this responsibility to the state.
38-13 SECTION 24. Chapter 382, Health and Safety Code, is amended by
38-14 adding Section 382.064 to read as follows:
38-15 Section 382.064. INITIAL APPLICATION DATE
38-16 No applications for federal operating permits shall be required to
38-17 be submitted to the board prior to the approval of the Title V
38-18 permitting program by the United States Environmental Protection
38-19 Agency.
38-20 SECTION 25. Section 382.084, Health and Safety Code, is amended as
38-21 follows:
38-22 Sec. 382.084. Injunction.
38-23 (a) On application for injunctive relief and a finding that
38-24 a person is violating or threatening to violate any provision of
38-25 this chapter or any board rule or order, a district court shall
39-1 grant the injunctive relief warranted by the facts.
39-2 (b) The court shall grant, without a bond or other
39-3 undertaking by the board, any prohibiting or mandatory injunctions
39-4 the facts may warrant, including temporary restraining orders after
39-5 notice and hearing, temporary injunctions, and permanent
39-6 injunctions.
39-7 (c) The board or the executive director may seek an
39-8 injunction or cause a suit for injunctive relief to be instituted
39-9 to stop:
39-10 (1) work on a facility that is:
39-11 (A) being done without a construction permit,
39-12 special permit, or exemption required under this chapter; or
39-13 (B) in violation of the terms of a permit,
39-14 special permit, or exemption issued under this chapter; and
39-15 (2) the operation of a facility that:
39-16 (A) is operating without <an> a federal
39-17 operating permit required under this chapter; or
39-18 (B) is operating in violation of the terms of
39-19 <an> a federal operating permit issued under this chapter.
39-20 SECTION 26. Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.35 is
39-21 hereby repealed:
39-22 Section 2.35. <Sections 382.0541, 382.0542, and 382.0561 through
39-23 382.0563, Health and Safety Code, as added by this article, and the
39-24 federal operating permit requirement described by Section 382.054,
39-25 Health and Safety Code, as amended by this article, take effect on
40-1 the date on which the executive director of the Texas Natural
40-2 Resource Conservation Commission publishes in the Texas Register
40-3 notice of approval of the state's permitting program under Title V
40-4 of the federal Clean Air Act Amendments of 1990 (Pub. L. No.
40-5 101-549) by the Administrator of the United States Environmental
40-6 Protection Agency.>
40-7 SECTION 27. EMERGENCY. The importance of this legislation
40-8 and the crowded condition of the calendars in both houses create an
40-9 emergency and an imperative public necessity that the
40-10 constitutional rule requiring bills to be read on three several
40-11 days in each house be suspended, and this rule is hereby suspended,
40-12 and that this Act take effect and be in force from and after its
40-13 passage, and it is so enacted.