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.