1-1 By: Saunders (Senate Sponsor - Ellis) H.B. No. 2049
1-2 (In the Senate - Received from the House May 13, 1993;
1-3 May 14, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 21, 1993, reported favorably, as amended, by the
1-5 following vote: Yeas 7, Nays 0; May 21, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 COMMITTEE AMENDMENT NO. 1 By: Montford
1-20 Amend proposed C.S.H.B. No. 2049 by striking Section 30, and
1-21 substituting the following sections, appropriately numbered:
1-22 SECTION 30. (a) Except as provided by subsection (b) of
1-23 this section, this Act takes immediate effect.
1-24 (b) Section 26 of this Act takes effect September 1, 1993.
1-25 SECTION 31. The importance of this legislation and the
1-26 crowded condition of the calendars in both houses create an
1-27 emergency and an imperative public necessity that the
1-28 constitutional rule requiring bills to be read on three several
1-29 days in each house be suspended, and this rule is hereby suspended,
1-30 and that this Act take effect and be in force according to its
1-31 terms, and it is so enacted.
1-32 A BILL TO BE ENTITLED
1-33 AN ACT
1-34 relating to the effective administration of air quality permitting
1-35 programs, including compliance with federal Clean Air Act
1-36 requirements.
1-37 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-38 SECTION 1. Section 5.052(a), Water Code, is amended to read
1-39 as follows:
1-40 (a) The commission is composed of three members who are
1-41 appointed by the governor with the advice and consent of the senate
1-42 to represent the general public.
1-43 SECTION 2. Section 381.020, Health and Safety Code, is
1-44 amended and renumbered to read as follows:
1-45 Sec. 382.040 <381.020>. DOCUMENTS; PUBLIC PROPERTY. All
1-46 information, documents, and data collected by the board in
1-47 performing its duties are state property. Subject to the
1-48 limitations of Section 382.041 <381.022>, all board records are
1-49 public records open to inspection by any person during regular
1-50 office hours.
1-51 SECTION 3. Section 381.022, Health and Safety Code, is
1-52 amended and renumbered to read as follows:
1-53 Sec. 382.041 <381.022>. CONFIDENTIAL INFORMATION.
1-54 (a) Except as provided by Subsection (b), a <A> member, employee,
1-55 or agent of the board may not disclose information submitted to the
1-56 board relating to secret processes or methods of manufacture or
1-57 production that is identified as confidential when submitted.
1-58 (b) A member, employee, or agent of the board may disclose
1-59 information confidential under Subsection (a) to a representative
1-60 of the United States Environmental Protection Agency on the request
1-61 of a representative of that agency if:
1-62 (1) at the time of disclosure the member, employee, or
1-63 agent notifies the representative that the material has been
1-64 identified as confidential when submitted; and
1-65 (2) the board, before the information is disclosed,
1-66 has entered into an agreement with the United States Environmental
1-67 Protection Agency that ensures that the agency treats information
1-68 identified as confidential as though it had been submitted by the
2-1 originator of the information with an appropriate claim of
2-2 confidentiality under federal law.
2-3 SECTION 4. Section 382.003(9), Health and Safety Code, is
2-4 amended to read as follows:
2-5 (9) "Modification of existing facility" means any
2-6 physical change in, or change in the method of operation of, a
2-7 stationary source in a manner that increases the amount of any air
2-8 pollutant emitted by the source into the atmosphere or that results
2-9 in the emission of any air pollutant not previously emitted. The
2-10 term does not include:
2-11 (A) insignificant increases in the amount of any
2-12 air pollutant emitted that is authorized by one or more board
2-13 exemptions;
2-14 (B) insignificant increases at a permitted
2-15 facility; <or>
2-16 (C) maintenance or replacement of equipment
2-17 components that do not increase or tend to increase the amount or
2-18 change the characteristics of the air contaminants emitted into the
2-19 atmosphere; or
2-20 (D) an increase in the annual hours of operation
2-21 unless the existing facility has received a preconstruction permit
2-22 or has been exempted, pursuant to Section 382.057, from
2-23 preconstruction permit requirements.
2-24 SECTION 5. Sections 382.032(a), (b), and (e), Health and
2-25 Safety Code, are amended to read as follows:
2-26 (a) A person affected by a ruling, order, decision, or other
2-27 act of the board or of the executive director, if an appeal to the
2-28 board is not provided, may appeal the action by filing a petition
2-29 in a district court of Travis County.
2-30 (b) The petition must be filed within 30 days after the date
2-31 of the board's or executive director's action or, in the case of a
2-32 ruling, order, or decision, within 30 days after the effective date
2-33 of the ruling, order, or decision. If the appeal relates to the
2-34 board's failure to take final action on an application for a
2-35 federal operating permit, a reopening of a federal operating
2-36 permit, a revision to a federal operating permit, or a permit
2-37 renewal application for a federal operating permit in accordance
2-38 with Section 382.0542(b), the petition may be filed at any time
2-39 before the board or the executive director takes final action.
2-40 (e) In an appeal of an <a board> action of the board or
2-41 executive director other than cancellation or suspension of a
2-42 variance, the issue is whether the action is invalid, arbitrary, or
2-43 unreasonable.
2-44 SECTION 6. Sections 382.051(b) and (c), Health and Safety
2-45 Code, are amended to read as follows:
2-46 (b) To assist in fulfilling its authorization provided by
2-47 Subsection (a), the <The> board may issue:
2-48 (1) special permits for certain facilities;
2-49 (2) a general permit developed by rule for numerous
2-50 similar sources subject to Section 382.054; <or>
2-51 (3) a standard permit developed by rule for numerous
2-52 similar facilities subject to Section 382.0518;
2-53 (4) a single federal operating permit or
2-54 preconstruction permit for multiple federal sources or facilities
2-55 located at the same site; or
2-56 (5) other permits as necessary.
2-57 (c) The board may issue a federal operating permit for a
2-58 federal source in violation only if the operating permit
2-59 incorporates a compliance plan for the federal source<, as equipped
2-60 by Section 503 of the federal Clean Air Act (42 U.S.C. Section
2-61 7661b), as added by Section 501 of the federal Clean Air Act
2-62 Amendments of 1990 (Pub. L. No. 101-549) and any rules adopted by
2-63 the board,> as a condition of the permit.
2-64 SECTION 7. Sections 382.0511(a) and (c), Health and Safety
2-65 Code, are amended to read as follows:
2-66 (a) The board may consolidate into a single permit:
2-67 (1) any permits, special permits, or exemptions for a
2-68 facility or federal source issued by the board before December 1,
2-69 1991; or
2-70 (2) any permit issued by the board on or after
3-1 December 1, 1991, with any permits, special permits, or exemptions
3-2 issued or qualified for by that date.
3-3 (c) The board by rule may authorize changes in a federal
3-4 source to proceed before the owner or operator obtains a federal
3-5 operating permit or revisions to a federal operating permit if the
3-6 owner or operator has obtained a preconstruction permit or permit
3-7 amendment required by Section 382.0518 or an exemption allowed
3-8 under Section 382.057. <The board may allow changes within a
3-9 permitted facility or a facility that has filed a timely and
3-10 complete application for a federal operating permit under Section
3-11 382.054 without requiring a permit revision if:>
3-12 <(1) the changes are not modifications under any
3-13 provision of Title I of the federal Clean Air Act Amendments of
3-14 1990 (Pub. L. No. 101-549);>
3-15 <(2) the changes do not cause emissions in excess of
3-16 emissions allowable under the permit;>
3-17 <(3) the changes do not alter any permit condition;
3-18 and>
3-19 <(4) the facility notifies the board in writing at
3-20 least seven days in advance of the proposed changes, unless the
3-21 board by rule provides a different time frame for emergencies.>
3-22 SECTION 8. Section 382.0512, Health and Safety Code, is
3-23 amended to read as follows:
3-24 Sec. 382.0512. MODIFICATION OF EXISTING FACILITY. (a) In
3-25 determining whether a proposed change at an existing facility is a
3-26 modification, the board may not consider the effect on emissions
3-27 of:
3-28 (1) any air pollution control method applied to a
3-29 source; or
3-30 (2) any decreases in emissions from other sources.
3-31 (b) The installation of emission control equipment for the
3-32 purpose of complying with this chapter or a rule of the board is
3-33 not a modification.
3-34 SECTION 9. Section 382.0513, Health and Safety Code, is
3-35 amended to read as follows:
3-36 Sec. 382.0513. PERMIT CONDITIONS. The board may establish
3-37 <by rule> and enforce permit conditions consistent with this
3-38 chapter. Permit conditions of general applicability shall be
3-39 adopted by rule <and rules adopted by the board>.
3-40 SECTION 10. Section 382.0514, Health and Safety Code, is
3-41 amended to read as follows:
3-42 Sec. 382.0514. SAMPLING, <AND> MONITORING, AND
3-43 CERTIFICATION. The board may require, at the expense of the permit
3-44 holder and as a condition of the permit:
3-45 (1) sampling and monitoring of a permitted federal
3-46 source or facility; <and>
3-47 (2) certification of the compliance of the owner or
3-48 operator of the permitted federal source with the terms and
3-49 conditions of the permit and with all applicable requirements; and
3-50 (3) a periodic report of:
3-51 (A) the results of sampling and monitoring; and
3-52 (B) the certification of compliance <a regular
3-53 periodic report of sampling and monitoring results>.
3-54 SECTION 11. Section 382.054, Health and Safety Code, is
3-55 amended to read as follows:
3-56 Sec. 382.054. Federal Operating Permit. Subject to Section
3-57 382.0511(c), a <A> person may not operate a federal source unless
3-58 the person has obtained a federal operating permit from the board
3-59 under Section <Sections> 382.0541, <and> 382.0542, or 382.0543.
3-60 SECTION 12. Section 382.0541, Health and Safety Code, is
3-61 amended to read as follows:
3-62 Sec. 382.0541. Administration and Enforcement of Federal
3-63 Operating Permit. (a) The board may:
3-64 (1) require a federal source <subject> to obtain a
3-65 permit under <Title III of> the federal Clean Air Act (42 U.S.C.
3-66 Section 7401 et seq.) <Amendments of 1990 (Pub. L. No. 101-549) to
3-67 comply with that Act and regulations adopted under that Act>;
3-68 (2) require an existing facility or source to use, at
3-69 a minimum, any applicable maximum achievable control technology
3-70 required by the board or by the United States Environmental
4-1 Protection Agency;
4-2 (3) require facilities or federal sources that are new
4-3 or modified and are subject to Section 112(g) <a new or modified
4-4 facility or source subject to Title III> of the federal Clean Air
4-5 Act (42 U.S.C. Section 7412) <Amendments of 1990 (Pub. L. No.
4-6 101-549)> to use, at a minimum, the more stringent of:
4-7 (A) the best available control technology,
4-8 considering the technical practicability and economic
4-9 reasonableness of reducing or eliminating emissions from the
4-10 proposed facility or federal source; or
4-11 (B) any applicable maximum achievable control
4-12 technology (MACT), including any MACT developed pursuant to Section
4-13 112(g) of the federal Clean Air Act (42 U.S.C. Section 7412)<, as
4-14 amended by Section 301 of the federal Clean Air Act Amendments of
4-15 1990 (Pub. L. No. 101-549), required by the board or by the United
4-16 States Environmental Protection Agency>;
4-17 (4) establish maximum achievable control technology
4-18 requirements in accordance with Section 112(j) of the federal Clean
4-19 Air Act (42 U.S.C. Section 7412) <on a case-by-case basis if the
4-20 United States Environmental Protection Agency does not adopt those
4-21 requirements>;
4-22 (5) issue initial permits with terms not to exceed
4-23 five years for federal sources under Title <IV or> V of the federal
4-24 Clean Air Act <Amendments of 1990 (Pub. L. No. 101-549)>, with
4-25 <five-year> terms not to exceed five years for all subsequently
4-26 issued or renewed permits;
4-27 (6) administer the use of emissions allowances under
4-28 Section 408 of the federal Clean Air Act (42 U.S.C. Section
4-29 7651g)<, as amended by Section 401 of the federal Clean Air Act
4-30 Amendments of 1990 (Pub. L. No. 101-549)>;
4-31 (7) reopen and revise an affected federal operating
4-32 permit if:
4-33 (A) the permit has a <with a> term of three
4-34 years or more remaining in order to incorporate requirements under
4-35 the federal Clean Air Act (42 U.S.C. Section 7401 et seq.) adopted
4-36 after the permit is issued; <and>
4-37 (B) additional requirements become applicable to
4-38 an affected source under the acid rain program;
4-39 (C) the federal operating permit contains a
4-40 material mistake;
4-41 (D) inaccurate statements were made in
4-42 establishing the emissions standards or other terms or conditions
4-43 of the federal operating permit; or
4-44 (E) a determination is made that the permit must
4-45 be reopened and revised to assure compliance with applicable
4-46 requirements;
4-47 (8) incorporate a federal implementation plan as a
4-48 condition of a permit issued by the board;
4-49 (9) exempt federal sources from the obligation to
4-50 obtain a federal operating permit;
4-51 (10) provide that all representations in an
4-52 application for a permit under Title IV of the federal Clean Air
4-53 Act (42 U.S.C. Sections 7651-7651o) are binding on the applicant
4-54 until issuance or denial of the permit;
4-55 (11) provide that all terms and conditions of any
4-56 federal operating permit required under Title IV of the federal
4-57 Clean Air Act (42 U.S.C. Sections 7651-7651o) shall be a complete
4-58 and segregable section of the federal operating permit; and
4-59 (12) issue initial permits with fixed terms of five
4-60 years for federal sources under Title IV of the federal Clean Air
4-61 Act (42 U.S.C. Sections 7651-7651o) with fixed five-year terms for
4-62 all subsequently issued or renewed permits.
4-63 (b) The board by rule shall provide for objection by the
4-64 administrator to the issuance of any operating or general permit
4-65 subject to Title V of the federal Clean Air Act (42 U.S.C. Sections
4-66 7661-7661f) <Amendments of 1990 (Pub. L. No. 101-549)> and shall
4-67 authorize the administrator to revoke and reissue, terminate,
4-68 reopen, or modify a federal operating permit.
4-69 (c) This section does not affect the permit requirements of
4-70 Section 382.0518, except that the board may consolidate with an
5-1 existing permit issued under this section a permit required by
5-2 Section 382.0518.
5-3 (d) The board promptly shall provide to the applicant notice
5-4 of whether the application is complete. Unless the board requests
5-5 additional information or otherwise notifies the applicant that the
5-6 application is incomplete before the 61st day after the board
5-7 receives an application, the application shall be deemed complete.
5-8 (e) <(d)> Subsections <Subsection> (a)(3) and (4) do <does
5-9 not prohibit the applicability of at least the best available
5-10 control technology to a new or modified facility or federal source
5-11 under Section 382.0518(b)(1).
5-12 SECTION 13. Section 382.0542, Health and Safety Code, is
5-13 amended to read as follows:
5-14 Sec. 382.0542. Issuance of Federal Operating Permit; Appeal
5-15 of Delay. (a) <The board shall grant a permit required by Section
5-16 382.054 not later than 18 months after the date on which the board
5-17 receives an administratively complete application if, from
5-18 information available to the board, including information presented
5-19 at any hearing held under Section 382.0561, the board finds that
5-20 the facility or source for which the permit is sought meets the
5-21 requirements of Subsection (b).>
5-22 <(b)> A federal <facility or> source is eligible for a
5-23 permit required by Section 382.054 if from the information
5-24 available to the board, including information presented at a
5-25 hearing held under Section 382.0561, the board finds that:
5-26 (1) <emissions from the facility or source will comply
5-27 with the intent of this chapter, including protection of the
5-28 public's health and physical property;>
5-29 <(2)> the federal <facility or> source will use, at a
5-30 minimum, any applicable maximum achievable control technology
5-31 required by the board or by the United States Environmental
5-32 Protection Agency;
5-33 (2) for a federal source that is new or modified and
5-34 subject to Section 112(g) of the federal Clean Air Act (42 U.S.C.
5-35 Section 7412) <(3) for a new or modified source or facility
5-36 subject to Title III of the federal Clean Air Act Amendments of
5-37 1990 (Pub. L. No. 101-549)>, the federal source <or facility> will
5-38 use, at a minimum, the more stringent of:
5-39 (A) the best available control technology,
5-40 considering the technical practicability and economic
5-41 reasonableness of reducing or eliminating the emissions from the
5-42 proposed federal <facility or> source; or
5-43 (B) any applicable maximum achievable control
5-44 technology required by the board or by the United States
5-45 Environmental Protection Agency; and
5-46 (3) the federal <(4) emissions from the facility or>
5-47 source will comply with the following <all applicable>
5-48 requirements, if applicable <of>:
5-49 (A) Title V of the federal Clean Air Act (42
5-50 U.S.C. Sections 7661-7661f) and the regulations adopted under that
5-51 title;
5-52 (B) each standard or other requirement provided
5-53 for in the applicable implementation plan approved or adopted by
5-54 rule of the United States Environmental Protection Agency under
5-55 Title I of the federal Clean Air Act (42 U.S.C. Sections 7401-7515)
5-56 that implements the relevant requirements of that Act, including
5-57 any revisions to the plan;
5-58 (C) each term or condition of a preconstruction
5-59 permit issued by the commission or the United States Environmental
5-60 Protection Agency in accordance with rules adopted by the
5-61 commission or the United States Environmental Protection Agency
5-62 under Part C or D, Title I of the federal Clean Air Act (42 U.S.C.
5-63 7401-7515);
5-64 (D) each standard or other requirement
5-65 established under Section 111 of the federal Clean Air Act (42
5-66 U.S.C. Section 7411), including Subsection (d) of that section;
5-67 (E) each standard or other requirement
5-68 established under Section 112 of the federal Clean Air Act (42
5-69 U.S.C. Section 7412) including any requirement concerning accident
5-70 prevention under Subsection (r)(7) of that section;
6-1 (F) each standard or other requirement of the
6-2 acid rain program established under Title IV of the federal Clean
6-3 Air Act (42 U.S.C. Sections 7651-7651o) or the regulations adopted
6-4 under that title;
6-5 (G) each requirement established under Section
6-6 504(b) or Section 114(a)(3) of the federal Clean Air Act (42 U.S.C.
6-7 Section 7661c or 7414);
6-8 (H) each standard or other requirement governing
6-9 solid waste incineration established under Section 129 of the
6-10 federal Clean Air Act Amendments of 1990 (Pub. L. No. 101-549);
6-11 (I) each standard or other requirement for
6-12 consumer and commercial products established under Section 183(e)
6-13 of the federal Clean Air Act (42 U.S.C. Section 7511b);
6-14 (J) each standard or other requirement for tank
6-15 vessels established under Section 183(f) of the federal Clean Air
6-16 Act (42 U.S.C. Section 7511b);
6-17 (K) each standard or other requirement of the
6-18 program to control air pollution from outer continental shelf
6-19 sources established under Section 328 of the federal Clean Air Act
6-20 (42 U.S.C. Section 7627);
6-21 (L) each standard or other requirement of
6-22 regulations adopted to protect stratospheric ozone under Title VI
6-23 of the federal Clean Air Act (42 U.S.C. Sections 7671-7671q) unless
6-24 the administrator has determined that the standard or requirement
6-25 does not need to be contained in a Title V permit; and
6-26 (M) each national ambient air quality standard
6-27 or increment or visibility requirement under Part C of Title I of
6-28 the federal Clean Air Act (42 U.S.C. Sections 7470-7492), but only
6-29 as the standard, increment, or requirement would apply to a
6-30 temporary source permitted under Section 504(e) of the federal
6-31 Clean Air Act (42 U.S.C. Section 7661c)
6-32 <(A) Title III of the federal Clean Air Act
6-33 Amendments of 1990 (Pub. L. No. 101-549);>
6-34 <(B) Title IV of the federal Clean Air Act
6-35 Amendments of 1990 (Pub. L. No. 101-549);>
6-36 <(C) Sections 111 and 112 of the federal Clean
6-37 Air Act (42 U.S.C. Sections 7411 and 7412);>
6-38 <(D) Parts C and D of Title I of the federal
6-39 Clean Air Act (42 U.S.C. Sections 7470 et seq. and 7501 et seq.);>
6-40 <(E) the state implementation plan requirements
6-41 approved by the United States Environmental Protection Agency;>
6-42 <(F) this chapter and rules adopted under this
6-43 chapter; and>
6-44 <(G) the federal Clean Air Act (42 U.S.C.
6-45 Section 7401 et seq.), as revised>.
6-46 (b) The <(c) If the> board shall: <does not act>
6-47 (1) take final action on an application for a permit,
6-48 permit revision, <a permit application> or permit renewal
6-49 <application> within 18 months after <of> the date on which the
6-50 board receives an administratively complete application;
6-51 (2) under an interim program, for those federal
6-52 sources for which initial applications are required to be filed not
6-53 later than one year after the effective date of the interim
6-54 program, take final action on at least one-third of those
6-55 applications annually over a period not to exceed three years after
6-56 the effective date of the interim program;
6-57 (3) under the fully approved program, for those
6-58 federal sources for which initial applications are required to be
6-59 filed not later than one year after the effective date of the fully
6-60 approved program, take final action on at least one-third of those
6-61 applications annually over a period not to exceed three years after
6-62 the effective date of the program; and
6-63 (4) take final action on a permit reopening not later
6-64 than 18 months after the adoption of the requirement that prompted
6-65 the reopening.
6-66 (c) If the board fails to take final action as required by
6-67 Subsection (b)(1) or (4), a person affected by the board's failure
6-68 to act may obtain judicial review under Section 382.032 at any time
6-69 before the board takes final action. A reviewing court may order
6-70 the board to act on the application without additional delay if it
7-1 finds that the board's failure to act is arbitrary or unreasonable.
7-2 (d) <In considering the issuance, amendment, or renewal of a
7-3 permit, the board may consider any adjudicated decision or
7-4 compliance proceeding within the five years before the date on
7-5 which the application was filed that addressed the applicant's past
7-6 performance and compliance with the laws of this state, another
7-7 state, or the United States governing air contaminants or with the
7-8 terms of any permit or order issued by the board.>
7-9 <(e)> Subsection (a)(2) <(b)(3)> does not prohibit the
7-10 applicability of at least the best available control technology to
7-11 a new or modified facility or federal source under Section
7-12 382.0518(b)(1).
7-13 SECTION 14. Chapter 382, Health and Safety Code, is amended
7-14 by adding Section 382.0543 to read as follows:
7-15 Sec. 382.0543. REVIEW AND RENEWAL OF FEDERAL OPERATING
7-16 PERMIT. (a) In accordance with Section 382.0541(a)(5), a federal
7-17 operating permit issued or renewed by the board is subject to
7-18 review at least every five years after the date of issuance to
7-19 determine whether the authority to operate should be renewed.
7-20 (b) The board by rule shall establish:
7-21 (1) the procedures for notifying a permit holder that
7-22 the permit is scheduled for review in accordance with this section;
7-23 (2) a deadline by which the holder of a permit must
7-24 submit an application for renewal of the permit that is between the
7-25 date six months before expiration of the permit and the date 18
7-26 months before expiration of the permit;
7-27 (3) the general requirements for an application; and
7-28 (4) the procedures for reviewing and acting on a
7-29 renewal application.
7-30 (c) The board promptly shall provide to the applicant notice
7-31 of whether the application is complete. Unless the board requests
7-32 additional information or otherwise notifies the applicant that the
7-33 application is incomplete before the 61st day after the board
7-34 receives an application, the application shall be deemed complete.
7-35 (d) The board shall take final action on a renewal
7-36 application for a federal operating permit within 18 months after
7-37 the date an application is determined to be administratively
7-38 complete. If the board does not act on an application for permit
7-39 renewal within 18 months after the date on which the board receives
7-40 an administratively complete application, a person who participated
7-41 in the public participation process or a person affected by the
7-42 board's failure to act may obtain judicial review under Section
7-43 382.032 at any time before the board takes final action.
7-44 (e) In determining whether and under which conditions a
7-45 permit should be renewed, the board shall consider:
7-46 (1) all applicable requirements in Section
7-47 382.0542(a)(3); and
7-48 (2) whether the federal source is in compliance with
7-49 this chapter and the terms of the existing permit.
7-50 (f) The board shall impose as terms and conditions in a
7-51 renewed federal operating permit any applicable requirements under
7-52 Title V of the federal Clean Air Act (42 U.S.C. Sections
7-53 7661-7661f). The terms or conditions of the renewed permit must
7-54 provide for compliance with any applicable requirement under Title
7-55 V of the federal Clean Air Act (42 U.S.C. Sections 7661-7661f).
7-56 The board may not impose requirements less stringent than those of
7-57 the existing permit unless the board determines that a proposed
7-58 change will meet the requirements of Section 382.0541.
7-59 (g) If the applicant submits a timely and complete
7-60 application for federal operating permit renewal, but the board
7-61 fails to issue or deny the renewal permit before the end of the
7-62 term of the previous permit:
7-63 (1) all terms and conditions of the permit shall
7-64 remain in effect until the renewal permit has been issued or
7-65 denied; and
7-66 (2) the applicant may continue to operate until the
7-67 permit renewal application is issued or denied, if the applicant
7-68 submits additional information that is requested in writing by the
7-69 board that the board needs to process the application on or before
7-70 the time specified in writing by the board.
8-1 (h) This section does not affect the board's authority to
8-2 begin an enforcement action under Sections 382.082-382.084.
8-3 SECTION 15. Section 382.055, Health and Safety Code, is
8-4 amended to read as follows:
8-5 Sec. 382.055. REVIEW AND RENEWAL OF PRECONSTRUCTION PERMIT.
8-6 (a) A preconstruction <Subject to Section 382.0541(a)(5), a>
8-7 permit issued or renewed by the board <on or after December 1,
8-8 1991,> is subject to review <every five years after the date of
8-9 issuance> to determine whether the authority to operate should be
8-10 renewed according to the following schedule:
8-11 (1) a preconstruction permit issued before December 1,
8-12 1991, is subject to review not later than 15 years after the date
8-13 of issuance;
8-14 (2) a preconstruction permit issued on or after
8-15 December 1, 1991, is subject to review every 10 years after the
8-16 date of issuance; and
8-17 (3) for cause, a preconstruction permit issued on or
8-18 after December 1, 1991, for a facility at a nonfederal source may
8-19 contain a provision requiring the permit to be renewed at a period
8-20 of between five and 10 years. <A permit issued before December 1,
8-21 1991, is subject to review 15 years after the date of issuance.>
8-22 (b) The board by rule shall establish:
8-23 (1) a deadline by which the holder of a
8-24 preconstruction permit must submit an application to renew <for
8-25 review of> the permit;
8-26 (2) the general requirements for an application for
8-27 renewal of a preconstruction permit <that must be met by the
8-28 applicant>; and
8-29 (3) the procedures for reviewing and acting on renewal
8-30 <review> applications.
8-31 (c) Not less than 180 days before the date on which the
8-32 renewal application is due, the board shall provide written notice
8-33 to the permit holder, by registered or certified mail, that the
8-34 permit is scheduled for review in accordance with this section.
8-35 The notice must include a description of the procedure for filing a
8-36 renewal <review> application and the information to be included in
8-37 the application.
8-38 (d) In determining whether and under which conditions a
8-39 preconstruction permit should be renewed, the board shall consider,
8-40 at a minimum:
8-41 (1) whether the facility is or has been in substantial
8-42 compliance with this chapter and the terms of the existing permit;
8-43 and
8-44 (2) the condition and effectiveness of existing
8-45 emission control equipment and practices<; and>
8-46 <(3) all applicable requirements of the federal Clean
8-47 Air Act Amendments of 1990 (Pub. L. No. 101-549)>.
8-48 (e) The board shall impose as a condition for renewal of a
8-49 preconstruction permit <any applicable requirements of Title V of
8-50 the federal Clean Air Act Amendments of 1990 (Pub. L. No. 101-549),
8-51 as well as> those requirements determined to be economically
8-52 reasonable and technically practicable considering the age of the
8-53 facility and the effect of its emissions on the surrounding area.
8-54 The board may not impose requirements less stringent than those of
8-55 the existing permit unless the board determines that a proposed
8-56 change will meet the requirements of Section <Sections> 382.0518
8-57 <and 382.0541>.
8-58 (f) On or before the 180th day after the date on which an
8-59 application for renewal is filed, the board shall renew the permit
8-60 <In this subsection, a "reasonable time" may not exceed the time
8-61 limitations established by the United States Environmental
8-62 Protection Agency for federal sources under Title IV or V of the
8-63 federal Clean Air Act Amendments of 1990 (Pub. L. No. 101-549).
8-64 The board shall renew a permit within a reasonable time after the
8-65 date on which a complete application is filed> or, if the board
8-66 determines that the facility will not meet the requirements for
8-67 renewing the permit, shall:
8-68 (1) set out in a report to the applicant the basis for
8-69 the board's determination; and
8-70 (2) establish a schedule, to which the applicant must
9-1 adhere in meeting the board's requirements, that:
9-2 (A) includes a final date for meeting the
9-3 board's requirements; and
9-4 (B) requires completion of that action as
9-5 expeditiously as possible.
9-6 (g) If the applicant meets the board's requirements in
9-7 accordance with the schedule, the board shall renew the permit. If
9-8 the applicant does not meet those requirements in accordance with
9-9 the schedule, the applicant must show in a contested case
9-10 proceeding why the permit should not expire immediately. The
9-11 applicant's permit is effective until:
9-12 (1) the final date specified by the board's report to
9-13 the applicant;
9-14 (2) the existing permit is renewed; or
9-15 (3) the date specified by a board order issued
9-16 following a contested case proceeding held under this section.
9-17 (h) If the holder of a preconstruction permit to whom the
9-18 board has mailed notice under <of> this section does not apply for
9-19 renewal <review> of that permit by the date specified by the board
9-20 under this section, the permit shall expire at the end of the
9-21 period described in Subsection (a).<:>
9-22 <(1) a permit issued on or after December 1, 1991,
9-23 expires five years after the date on which the permit is originally
9-24 issued or, if the permit has been renewed, five years after the
9-25 date on which the permit is last renewed; and>
9-26 <(2) a permit issued before December 1, 1991, expires
9-27 15 years after the date on which the permit is originally issued
9-28 or, if the permit has been renewed before December 1, 1991, 15
9-29 years after the date on which the permit is last renewed.>
9-30 (i) This section does not affect the board's authority to
9-31 begin an enforcement action under Sections 382.082-382.084.
9-32 SECTION 16. Sections 382.056(a)-(c), Health and Safety Code,
9-33 are amended to read as follows:
9-34 (a) An applicant for a permit under Section 382.0518 or
9-35 382.054 or a permit renewal review under Section 382.055 shall
9-36 publish notice of intent to obtain the permit or permit review.
9-37 The board by rule may require an applicant for a federal operating
9-38 permit to publish notice of intent to obtain a permit or permit
9-39 review consistent with federal requirements and with the
9-40 requirements of this section. The applicant shall publish the
9-41 notice at least once in a newspaper of general circulation in the
9-42 municipality in which the facility or federal source is located or
9-43 is proposed to be located or in the municipality nearest to the
9-44 location or proposed location of the facility or federal source.
9-45 If the elementary or middle school nearest to the facility or
9-46 proposed facility provides a bilingual education program as
9-47 required by Section 21.109, Education Code, and Section 19 TAC
9-48 Subsection 89.2(a), the applicant shall also publish the notice at
9-49 least once in an additional publication of general circulation in
9-50 the municipality or county in which the facility is located or
9-51 proposed to be located that is published in the language taught in
9-52 the bilingual education program. This requirement is waived if
9-53 such a publication does not exist or if the publisher refuses to
9-54 publish the notice. The board by rule shall prescribe when notice
9-55 must be published and may require publication of additional notice.
9-56 Notice required to be published under this section shall only be
9-57 required to be published in the United States.
9-58 (b) The notice must include:
9-59 (1) a description of the location or proposed location
9-60 of the facility or federal source;
9-61 (2) a statement that a person who may be affected by
9-62 emissions of air contaminants from the facility, <or> proposed
9-63 facility, or federal source is entitled to request a hearing from
9-64 the board;
9-65 (3) a description of the manner in which the board may
9-66 be contacted for further information; and
9-67 (4) any other information the board by rule requires.
9-68 (c) At the site of a facility, <or> proposed facility, or
9-69 federal source for which an applicant is required to publish notice
9-70 under this section <for which a permit application or permit review
10-1 application is submitted>, the applicant shall place a sign
10-2 declaring the filing of an application for a permit or permit
10-3 review for a facility at the site and stating the manner in which
10-4 the board may be contacted for further information. The board
10-5 shall adopt any rule necessary to carry out this subsection.
10-6 SECTION 17. Section 382.0561, Health and Safety Code, is
10-7 amended to read as follows:
10-8 Sec. 382.0561. Federal Operating Permit: Hearing.
10-9 (a) Public <The following public> hearings on applications for
10-10 issuance, revision, reopening, or renewal of a federal operating
10-11 permit shall be conducted under this section only and not under the
10-12 Administrative Procedure and Texas Register Act (Article 6252-13a,
10-13 Vernon's Texas Civil Statutes)<:>
10-14 <(1) a public hearing on a permit application for a
10-15 federal operating permit under Sections 382.054-382.0542 that is
10-16 not subject to Section 382.0518; or>
10-17 <(2) a public hearing on an application for renewal of
10-18 a federal operating permit under Section 382.055>.
10-19 (b) On determination that an application for a federal
10-20 operating permit under Sections 382.054-382.0542 or a renewal of a
10-21 federal operating permit under Section 382.0543 <382.055> is
10-22 administratively complete and before the beginning of the public
10-23 comment period, the board or its designee shall prepare a draft
10-24 permit.
10-25 (c) The board or its designee shall hold a public hearing on
10-26 a federal operating permit, a reopening of a federal operating
10-27 permit, or renewal application before granting the permit or
10-28 renewal if within the public comment period a person who may be
10-29 affected by the emissions or a member of the legislature from the
10-30 general area in which the facility is located requests a hearing.
10-31 The board or its designee is not required to hold a hearing if the
10-32 basis of the request by a person who may be affected is determined
10-33 to be unreasonable.
10-34 (d) The following shall be available for public inspection
10-35 in at least one location in the general area where the facility is
10-36 located:
10-37 (1) information submitted by the application, subject
10-38 to applicable confidentiality laws;
10-39 (2) the executive director's analysis of the proposed
10-40 action; and
10-41 (3) a copy of the draft permit.
10-42 (e) The board or its designee shall hold a public comment
10-43 period on a federal operating permit application, a federal
10-44 operating permit reopening application, or a federal operating
10-45 permit renewal application under Sections 382.054-382.0542 or
10-46 382.0543 <382.055>. Any person may submit a written statement to
10-47 the board during the public comment period. The board or its
10-48 designee <executive director> shall receive public comment for 30
10-49 days after the date on which notice of the public comment period is
10-50 published. The board or its designee <executive director> may
10-51 extend or reopen the comment period if the director finds an
10-52 extension or reopening to be appropriate.
10-53 (f) Notice of the public comment period and opportunity for
10-54 a hearing under this section shall be published in accordance with
10-55 Section 382.056.
10-56 (g) Any person may submit an oral or written statement
10-57 concerning the application at the hearing. The individual holding
10-58 the hearing may set reasonable limits on the time allowed for oral
10-59 statements at the hearing. The public comment period extends to
10-60 the close of the hearing and may be further extended or reopened if
10-61 the board or its designee <executive director> finds an extension
10-62 or reopening to be appropriate.
10-63 (h) Any person, including the applicant, who believes that
10-64 any condition of the draft permit is inappropriate or that the
10-65 <executive director's> preliminary decision of the board or its
10-66 designee to issue or deny a permit is inappropriate must raise all
10-67 reasonably ascertainable issues and submit all reasonably available
10-68 arguments supporting that position by the end of the public
10-69 comment period.
10-70 (i) The board or its designee <executive director> shall
11-1 consider all comments received during the public comment period and
11-2 at the public hearing in determining whether to issue the permit
11-3 and what conditions should be included if a permit is issued.
11-4 SECTION 18. Section 382.0562, Health and Safety Code, is
11-5 amended to read as follows:
11-6 Sec. 382.0562. Notice of Decision. (a) The board or its
11-7 designee <executive director> shall send notice of a proposed final
11-8 action <decision> on a federal operating permit by first-class mail
11-9 to the applicant and all persons who comment during the public
11-10 comment period or at the public hearing. The notice shall include
11-11 a response to any comment submitted during the public comment
11-12 period and shall identify any change in the conditions of the draft
11-13 permit and the reasons for the change.
11-14 (b) The notice required by Subsection (a) shall:
11-15 (1) state that any person affected by the decision of
11-16 the board or its designee <executive director> may petition the
11-17 administrator in accordance with Section 382.0563 and rules adopted
11-18 under that section <appeal the decision to the board not later than
11-19 the 30th day after the date on which notice was mailed>;
11-20 (2) state the date by which the petition <an appeal>
11-21 must be filed; and
11-22 (3) explain the petition <appeal> process. <and
11-23 explain that an appeal is a contested case hearing before the
11-24 board; and>
11-25 <(4) state that a letter to the board stating that the
11-26 person is appealing the decision constitutes an appeal of the
11-27 decision.>
11-28 SECTION 19. Section 382.0563, Health and Safety Code, is
11-29 amended to read as follows:
11-30 Sec. 382.0563. PUBLIC PETITION TO THE ADMINISTRATOR <APPEAL
11-31 TO BOARD>. (a) The board by rule may provide for public petitions
11-32 to the administrator in accordance with Section 505 of the federal
11-33 Clean Air Act (42 U.S.C. Section 7661d). <Any person, including
11-34 the applicant, affected by a decision of the executive director
11-35 under Section 382.0561 may appeal the decision to the board not
11-36 later than the 30th day after the date on which notice was mailed.
11-37 The issues on appeal must be identified with specificity in the
11-38 request for a contested case hearing.>
11-39 (b) The petition for review to the administrator under this
11-40 section does not affect:
11-41 (1) a permit issued by the board or its designee; or
11-42 (2) the finality of the board's or its designee's
11-43 action for purposes of an appeal under Section 382.032. <An appeal
11-44 under this section is a contested case hearing under the
11-45 Administrative Procedure and Texas Register Act (Article 6252-13a,
11-46 Vernon's Texas Civil Statutes).>
11-47 (c) The board or its designee shall resolve any objection
11-48 that the United States Environmental Protection Agency makes and
11-49 terminate, modify, or revoke and reissue the permit in accordance
11-50 with the objection not later than the 90th day after the date the
11-51 board receives the objection. <The filing of an appeal to the
11-52 board under this section does not affect a permit issued by the
11-53 executive director. A final order by the board reversing or
11-54 modifying the executive director's decision takes effect when it
11-55 becomes final and appealable.>
11-56 SECTION 20. Section 382.0564, Health and Safety Code, is
11-57 amended to read as follows:
11-58 Sec. 382.0564. Notification to Other Governmental Entities.
11-59 The board by rule may <shall> allow for notification of and review
11-60 by the administrator and affected states of permit applications,
11-61 revisions, renewals, or draft permits <any permit application or
11-62 draft permit> prepared under Sections 382.054-382.0543 <382.0542 if
11-63 notification and review is requested>.
11-64 SECTION 21. Section 382.057(a), Health and Safety Code, is
11-65 amended to read as follows:
11-66 (a) Consistent with Section 382.0511, the board by rule may
11-67 exempt from the requirements of Section 382.0518 <and Sections
11-68 382.054-382.0542> changes within a permitted facility and certain
11-69 types of facilities if it is found on investigation that such
11-70 changes or types of facilities will not make a significant
12-1 contribution of air contaminants to the atmosphere. The board by
12-2 rule shall exempt from the requirements of Section 382.0518 or
12-3 issue a standard permit for the installation of emission control
12-4 equipment that constitutes a modification or a new facility,
12-5 subject to such conditions restricting the applicability of such
12-6 exemption or standard permit that the board deems necessary to
12-7 accomplish the intent of this chapter<, except as prohibited by the
12-8 federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549)>.
12-9 The board may not exempt any <source or> facility or any
12-10 modification of an existing facility defined as "major" under the
12-11 federal Clean Air Act <Amendments of 1990 (Pub.L. No. 101-549)> or
12-12 regulations adopted under that Act. Nothing in this subsection
12-13 shall be construed to limit the board's general power to control
12-14 the state's air quality under Section 382.011(a).
12-15 SECTION 22. Section 382.059, Health and Safety Code, is
12-16 amended to read as follows:
12-17 Sec. 382.059. Revocation of Permit or Exemption. (a) The
12-18 board may revoke and reissue, terminate, or modify a federal
12-19 operating permit, preconstruction permit, or exemption issued under
12-20 this chapter if the board determines that:
12-21 (1) any of the terms of the federal operating permit,
12-22 preconstruction permit, or exemption are being violated; <or>
12-23 (2) emissions from the proposed facility will
12-24 contravene air pollution control standards set by the board or will
12-25 contravene the intent of this chapter; or
12-26 (3) the federal operating permit contains a material
12-27 mistake or that inaccurate statements were made in establishing the
12-28 emissions standards or other terms or conditions of the federal
12-29 operating permit.
12-30 (b) The board may:
12-31 (1) begin proceedings to revoke and reissue,
12-32 terminate, or modify a permit if a violation at a facility is
12-33 continued after 180 days following the date on which the notice of
12-34 violation is provided under Section 382.082; and
12-35 (2) consider good faith efforts to correct the
12-36 violation in deciding whether to revoke and reissue, terminate, or
12-37 modify a federal operating permit, preconstruction permit, or
12-38 exemption.
12-39 (c) Subsection (b)(1) does not affect the board's authority
12-40 to bring suit for injunctive relief under Section 382.084.
12-41 SECTION 23. Section 382.0591, Health and Safety Code, is
12-42 amended to read as follows:
12-43 Sec. 382.0591. Denial of Application for Permit; Assistance
12-44 Provided by <Certain> Former or Current Employees. (a) The board
12-45 shall deny an application for the issuance, amendment, renewal, or
12-46 transfer of a permit and may not issue, amend, renew, or transfer
12-47 the permit if the board determines that <a former employee>:
12-48 (1) a former employee participated personally and
12-49 substantially as an employee in the board's review, evaluation, or
12-50 processing of the application before leaving employment with the
12-51 board; and
12-52 (2) after leaving employment with the board, that
12-53 former employee provided assistance to the applicant for the
12-54 issuance, amendment, renewal, or transfer of the permit, including
12-55 assistance with preparation or presentation of the application or
12-56 legal representation of the applicant.
12-57 (b) The board or the executive director may not issue a
12-58 federal operating permit for a solid waste incineration unit if a
12-59 member of the board or the executive director is also responsible
12-60 in whole or in part for the design and construction or the
12-61 operation of the unit.
12-62 (c) The board shall provide an opportunity for a hearing to
12-63 an applicant before denying an application under this section.
12-64 (d) <(c)> Action taken under this section does not prejudice
12-65 any application other than an application in which the former
12-66 employee provided assistance.
12-67 (e) <(d)> In this section, "former employee" means a person:
12-68 (1) who was previously employed by the board as a
12-69 supervisory or exempt employee; and
12-70 (2) whose duties during employment with the board
13-1 included involvement in or supervision of the board's review,
13-2 evaluation, or processing of applications.
13-3 SECTION 24. Section 382.061, Health and Safety Code, is
13-4 amended to read as follows:
13-5 Sec. 382.061. Delegation of Powers and Duties. (a) The
13-6 board may delegate to the executive director the powers and duties
13-7 under Sections 382.051-382.0563 <382.055, 382.057,> and 382.059,
13-8 except for the adoption of rules.
13-9 (b) An applicant or a person affected by a decision of the
13-10 executive director may appeal to the board any decision made by the
13-11 executive director, with the exception of a decision regarding a
13-12 federal operating permit, under Sections 382.051-382.055 and
13-13 382.059 <those sections>.
13-14 (c) Any person, including the applicant, affected by a
13-15 decision of the executive director regarding federal operating
13-16 permits may:
13-17 (1) petition the administrator in accordance with
13-18 rules adopted under Section 382.0563; or
13-19 (2) file a petition for judicial review under Section
13-20 382.032.
13-21 SECTION 25. Section 382.062, Health and Safety Code, is
13-22 amended to read as follows:
13-23 Sec. 382.062. Application, Permit, and Inspection Fees.
13-24 (a) The board shall adopt, charge, and collect a fee for:
13-25 (1) each application for:
13-26 (A) a permit or permit amendment, revision, or
13-27 modification not subject to Title IV or V of the federal Clean Air
13-28 Act (42 U.S.C. Sections 7641 et seq. and 7661 et seq.) <Amendments
13-29 of 1990 (Pub. L. No. 101-549)>;
13-30 (B) a renewal review of a permit issued under
13-31 Section 382.0518 not subject to Title IV or V of the federal Clean
13-32 Air Act <Amendments of 1990 (Pub. L. No. 101-549)>;
13-33 (2) inspections of a federal <facility or> source
13-34 performed to enforce this chapter or rules adopted by the board
13-35 under this chapter until the federal <facility or> source is
13-36 required to obtain an <a Title IV or V> operating permit under
13-37 Section 382.054 <the federal Clean Air Act Amendments of 1990 (Pub.
13-38 L. No. 101-549)>; and
13-39 (3) inspections performed to enforce this chapter or
13-40 rules adopted by the board under this chapter at a facility <or
13-41 source> not required to obtain an <a Title IV or V> operating
13-42 permit under Section 382.054 <the federal Clean Air Act Amendments
13-43 of 1990 (Pub. L. No. 101-549)>.
13-44 (b) The board may adopt rules relating to charging and
13-45 collecting a fee for an exemption from a permit or for a standard
13-46 permit authorized by board rule and for a variance.
13-47 (c) For purposes of the fees, the board shall treat two or
13-48 more facilities that compose an integrated system or process as a
13-49 single facility if a structure, device, item of equipment, or
13-50 enclosure that constitutes or contains a given stationary source
13-51 operates in conjunction with and is functionally integrated with
13-52 one or more other similar structures, devices, items of equipment,
13-53 or enclosures.
13-54 (d) A fee assessed under this section may not be less than
13-55 $25 or more than $75,000.
13-56 (e) The board by rule shall establish the fees to be
13-57 collected under Subsection (a) in amounts sufficient to recover:
13-58 (1) the reasonable costs to review and act on a
13-59 variance application and enforce the terms and conditions of the
13-60 variance; and
13-61 (2) not less than 50 percent of the board's actual
13-62 annual expenditures to:
13-63 (A) review and act on permits or special
13-64 permits;
13-65 (B) amend and review permits;
13-66 (C) inspect permitted, exempted, and specially
13-67 permitted facilities; and
13-68 (D) enforce the rules and orders adopted and
13-69 permits, special permits, and exemptions issued under this chapter,
13-70 excluding rules and orders adopted and permits required under Title
14-1 IV or V of the federal Clean Air Act (42 U.S.C. Sections 7651 et
14-2 seq. and 7661 et seq.) <Amendments of 1990 (Pub. L. No.
14-3 101-549)>.
14-4 SECTION 26. Sections 382.0622(b), (c), and (d), Health and
14-5 Safety Code, are amended to read as follows:
14-6 (b) Clean Air Act fees shall be deposited in the state
14-7 treasury to the credit of the clean air fund and shall be used to
14-8 safeguard the air resources of the state. <All unexpended and
14-9 unobligated money remaining in the fund on the last day of each
14-10 fiscal biennium shall be transferred to the credit of the general
14-11 revenue fund.>
14-12 (c) The board shall request the appropriation of sufficient
14-13 money to safeguard the air resources of the state, including
14-14 payments to the Public Safety Commission for incidental costs of
14-15 administering the vehicle emissions inspection and maintenance
14-16 program, except that after the date of delegation of the state's
14-17 permitting program under Title V of the federal Clean Air Act (42
14-18 U.S.C. Sections 7661 et seq.) <Amendments of 1990 (Pub. L. No.
14-19 101-549)>, fees collected under Section 382.0621(a) may be
14-20 appropriated only to cover costs of developing and administering
14-21 the federal permit program under Titles IV and V of the federal
14-22 Clean Air Act (42 U.S.C. Sections 7641 et seq. and 7661 et seq.)
14-23 <Amendments of 1990 (Pub. L. No. 101-549)>.
14-24 (d)(1) Through the option of contracting for air pollution
14-25 control services, including but not limited to compliance and
14-26 permit inspections and complaint response, the board may utilize
14-27 appropriated money to purchase services from units of local
14-28 government meeting each of the following criteria:
14-29 (A) the unit of local government received
14-30 federal fiscal year 1990 funds from the United States Environmental
14-31 Protection Agency pursuant to Section 105 of the federal Clean Air
14-32 Act (42 U.S.C. Section 7405) for the operation of an air pollution
14-33 program by formal agreement;
14-34 (B) the local unit of government is in a
14-35 federally designated nonattainment area subject to implementation
14-36 plan requirements, including automobile emission inspection and
14-37 maintenance programs, under Title I of the federal Clean Air Act
14-38 (42 U.S.C. Sections 7401-7515) <Amendments of 1990 (Pub. L. No.
14-39 101-549)>; and
14-40 (C) the local unit of government has not caused
14-41 the United States Environmental Protection Agency to provide
14-42 written notification that a deficiency in the quality or quantity
14-43 of services provided by its air pollution program is jeopardizing
14-44 compliance with a state implementation plan, a federal program
14-45 delegation agreement, or any other federal requirement for which
14-46 federal sanctions can be imposed.
14-47 (2) The board may request appropriations of sufficient
14-48 money to contract for services of local units of government meeting
14-49 the eligibility criteria of this subsection to ensure that the
14-50 combination of federal and state funds annually available for an
14-51 air pollution program is equal to or greater than the program costs
14-52 for the operation of an air quality program by the local unit of
14-53 government. The board is encouraged to fund an air pollution
14-54 program operated by a local unit of government meeting the
14-55 eligibility criteria of this subsection in a manner the board deems
14-56 an effective means of addressing federal and state requirements.
14-57 The services to be provided by an eligible local unit of government
14-58 under a contractual arrangement under this subsection shall be at
14-59 least equal in quality and quantity to the services the local unit
14-60 of government committed to provide in agreements under which it
14-61 received its federal 1990 air pollution grant. The board and the
14-62 local units of government meeting the eligibility criteria of this
14-63 subsection may agree to more extensive contractual arrangements.
14-64 (3) Nothing in this subsection shall prohibit a local
14-65 unit of government from voluntarily discontinuing an air pollution
14-66 program and thereby relinquishing this responsibility to the state.
14-67 SECTION 27. Chapter 382, Health and Safety Code, is amended
14-68 by adding Section 382.064 to read as follows:
14-69 Sec. 382.064. INITIAL APPLICATION DATE. An application for
14-70 a federal operating permit is not required to be submitted to the
15-1 board before the approval of the Title V permitting program by the
15-2 United States Environmental Protection Agency.
15-3 SECTION 28. Section 382.084(c), Health and Safety Code, is
15-4 amended to read as follows:
15-5 (c) The board or the executive director may seek an
15-6 injunction or cause a suit for injunctive relief to be instituted
15-7 to stop:
15-8 (1) work on a facility that is:
15-9 (A) being done without a construction permit,
15-10 special permit, or exemption required under this chapter; or
15-11 (B) in violation of the terms of a permit,
15-12 special permit, or exemption issued under this chapter; and
15-13 (2) the operation of a facility that:
15-14 (A) is operating without a federal <an>
15-15 operating permit required under this chapter; or
15-16 (B) is operating in violation of the terms of a
15-17 federal <an> operating permit issued under this chapter.
15-18 SECTION 29. Notwithstanding Section 2.35, Chapter 3, Acts of
15-19 the 72nd Legislature, 1st Called Session, 1991, Sections 382.0541,
15-20 382.0542, and 382.0561-382.0563, Health and Safety Code, and the
15-21 federal operating permit requirement described by Section 382.054,
15-22 Health and Safety Code, take effect on the effective date of this
15-23 Act.
15-24 SECTION 30. The importance of this legislation and the
15-25 crowded condition of the calendars in both houses create an
15-26 emergency and an imperative public necessity that the
15-27 constitutional rule requiring bills to be read on three several
15-28 days in each house be suspended, and this rule is hereby suspended,
15-29 and that this Act take effect and be in force from and after its
15-30 passage, and it is so enacted.
15-31 * * * * *
15-32 Austin,
15-33 Texas
15-34 May 21, 1993
15-35 Hon. Bob Bullock
15-36 President of the Senate
15-37 Sir:
15-38 We, your Committee on Natural Resources to which was referred H.B.
15-39 No. 2049, have had the same under consideration, and I am
15-40 instructed to report it back to the Senate with the recommendation
15-41 that it do pass, as amended, and be printed.
15-42 Sims,
15-43 Chairman
15-44 * * * * *
15-45 WITNESSES
15-46 No witnesses appeared on H.B. No. 2049.