By: Ellis S.B. No. 1220
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the effective administration of air quality permitting
1-2 programs including compliance with Federal Clean Air Act
1-3 requirements; representation of the general public on the Texas
1-4 Natural Resources Conservation Commission; the confidentiality and
1-5 handling of agency information; appeals of commission actions;
1-6 permitting authority of the commission; fees for standard permits;
1-7 disposition of clean air fund balances, certification of
1-8 compliance; application dates, notice of intent to obtain,
1-9 hearings, issuance, administration, appeal of delay, petition for
1-10 review by EPA, enforcement and renewal of federal operating
1-11 permits; review and renewal of preconstruction permits; and
1-12 exemptions.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 ARTICLE I.
1-15 SECTION 1. Section 5.052 of the Texas Water Code is amended
1-16 to read as follows:
1-17 Sec. 5.052. Members of the Commission; Appointment.
1-18 (a) The commission is composed of three members who are appointed
1-19 by the governor with the advice and consent of the senate<.> to
1-20 represent the general public.
1-21 (b) The governor shall make the appointments in such a
1-22 manner that each member is from a different section of the state.
1-23 (c) Appointments to the commission shall be made without
2-1 regard to the race, color, handicap, sex, religion, age, or
2-2 national origin of the appointees.
2-3 ARTICLE II.
2-4 SECTION 1. Section <381.020>, Health and Safety Code, is
2-5 renumbered as follows:
2-6 Sec. 382.041. Documents; Public Property. All information,
2-7 documents, and data collected by the board in performing its duties
2-8 are state property. Subject to the limitations of Section
2-9 <381.022>, 382.042 all board records are public records open to
2-10 inspection by any person during regular office hours.
2-11 SECTION 2. Section <381.022>, Health and Safety Code, is
2-12 renumbered and amended to read as follows:
2-13 Sec. 382.042. Confidential Information. A member, employee,
2-14 or agent of the board may not disclose information submitted to the
2-15 board relating to secret processes or methods of manufacture or
2-16 production that is identified as confidential when submitted. It
2-17 is provided; however, that a member, employee or agent of the board
2-18 may disclose such information upon request, to representatives of
2-19 the United States Environmental Protection Agency, but shall at the
2-20 time of disclosure, notify the representatives that the material
2-21 has been identified as confidential pursuant to this section.
2-22 SECTION 3. Section 382.032, Health and Safety Code, is
2-23 amended to read as follows:
2-24 Sec. 382.032. Appeal of Board Action. (a) A person
2-25 affected by a ruling, order, decision, or other act of the board
3-1 may appeal the action by filing a petition in a district court of
3-2 Travis County.
3-3 (b) The petition must be filed within 30 days after the date
3-4 of the board's action or, in the case of a ruling, order, or
3-5 decision, within 30 days after the effective date of the ruling,
3-6 order, or decision. If the board action being appealed is the
3-7 board's failure to take final action on an application for a
3-8 federal operating permit, a reopening of a federal operating
3-9 permit, a revision to a federal operating permit or a permit
3-10 renewal application for a federal operating permit in accordance
3-11 with Section 382.0542(b), the petition may be filed at any time
3-12 before the board takes final action.
3-13 (c) Service of citation on the board must be accomplished
3-14 within 30 days after the date on which the petition is filed.
3-15 Citation may be served on the executive director or any board
3-16 member.
3-17 (d) The plaintiff shall pursue the action with reasonable
3-18 diligence. If the plaintiff does not prosecute the action within
3-19 one year after the date on which the action is filed, the court
3-20 shall presume that the action has been abandoned. The court shall
3-21 dismiss the suit on a motion for dismissal made by the attorney
3-22 general unless the plaintiff, after receiving due notice, can show
3-23 good and sufficient cause for the delay.
3-24 (e) In an appeal of a board action other than cancellation
3-25 or suspension of a variance, the issue is whether the action is
4-1 invalid, arbitrary, or unreasonable.
4-2 (f) An appeal of the cancellation or suspension of a
4-3 variance must be tried in the same manner as appeals from the
4-4 justice court to the county court.
4-5 SECTION 4. Section 382.051(b) of the Health and Safety Code
4-6 is amended to read as follows:
4-7 Sec. 382.051. Permitting Authority of Board; Rules.
4-8 (a) The board may issue a permit:
4-9 (1) to construct a new facility or modify an existing
4-10 facility that may emit air contaminants; or
4-11 (2) to operate a federal source.
4-12 (b) <The> To assist in fulfilling its authorization in
4-13 subsection (a), the board may issue:
4-14 (1) special permits for certain facilities;
4-15 (2) a general permit developed by rule for numerous
4-16 similar sources subject to Section 382.054 <or>;
4-17 (3) a standard permit developed by rule for numerous
4-18 similar facilities subject to Section 382.0518; or
4-19 <(3)> (4) a single federal operating permit or
4-20 preconstruction permit for multiple sources or facilities located
4-21 at the same site.
4-22 (5) other such permits as necessary.
4-23 (c) The board may issue a federal operating permit for a
4-24 federal source in violation only if the operating permit
4-25 incorporates a compliance plan for the source<, as equipped by
5-1 Section 503 of the federal Clean Air Act (42 U.S.C. Section 7661b),
5-2 as added by Section 501 and any rules adopted by the board,> as a
5-3 condition of a permit.
5-4 (d) The board shall adopt rules as necessary to comply with
5-5 changes in federal law or regulations applicable to permits issued
5-6 under this chapter.
5-7 SECTION 5. Section 382.0511 of the Health and Safety Code is
5-8 amended to read as follows:
5-9 Sec. 382.0511. Permit Consolidation and Amendment. (a) The
5-10 board may consolidate into a single permit:
5-11 (1) any permits, special permits, or exemptions for a
5-12 facility or source issued by the board before December 1, 1991; or
5-13 (2) any permit issued by the board on or after
5-14 December 1, 1991, with any permits, special permits, or exemptions
5-15 issued or qualified for by that date.
5-16 (b) Consistent with the rules adopted under Subsection (d)
5-17 and the limitations of this chapter, including limitations that
5-18 apply to the modification of an existing facility, the board may
5-19 amend, revise, or modify a permit.
5-20 <(c) The board may allow changes within a permitted facility
5-21 or a facility that has filed a timely and complete application for
5-22 a federal operating permit under Section 382.054 without requiring
5-23 a permit revision if:>
5-24 <(1) the changes are not modifications under any
5-25 provision of Title I of the federal Clean Air Act Amendments of
6-1 1990 (Pub.L. No. 101-549);>
6-2 <(2) the changes do not cause emissions in excess of
6-3 emissions allowable under the permit;>
6-4 <(3) the changes do not alter any permit condition;
6-5 and>
6-6 <(4) the facility notifies the board in writing at
6-7 least seven days in advance of the proposed changes, unless the
6-8 board by rule provides a different time frame for emergencies.>
6-9 (c) The board may adopt rules authorizing changes within a
6-10 federal source to proceed without prior receipt of or revisions to
6-11 a federal operating permit, provided that the owner or operator has
6-12 obtained any preconstruction permit or permit amendment required by
6-13 Section 382.0518 or an exemption allowed under Section 382.057.
6-14 (d) The board by rule shall develop criteria and
6-15 administrative procedures to implement Subsections (b) and (c).
6-16 (e) When multiple facilities have been consolidated into a
6-17 single permit under this section and the consolidated permit is
6-18 reopened for consideration of an amendment relating to one or more
6-19 facilities authorized by that permit, the permit is not considered
6-20 reopened with respect to facilities for which an amendment,
6-21 revision, or modification is not sought unless this chapter
6-22 specifically authorizes or requires that additional reopening in
6-23 order to protect the public's health and physical property.
6-24 SECTION 6. Section 382.0513, Health and Safety Code, is
6-25 amended to read as follows:
7-1 Sec. 382.0513. Permit Conditions. The board may establish
7-2 <by rule> and enforce permit conditions consistent with this
7-3 chapter. <and rules adopted by the board.>
7-4 SECTION 7. Section 382.0514, Health and Safety Code, is
7-5 amended to read as follows:
7-6 Sec. 382.0514. SAMPLING, <AND> MONITORING, AND
7-7 CERTIFICATION. The board may require, at the expense of the permit
7-8 holder and as a condition of the permit:
7-9 (1) sampling and monitoring of a permitted source or
7-10 facility; <and>
7-11 (2) <a regular periodic report of sampling and
7-12 monitoring results.> certification of the compliance of the owner
7-13 or operator of the permitted federal source with all
7-14 applicable requirements and with the terms and conditions of the
7-15 permit; and
7-16 (3) a periodic report of the results of sampling and
7-17 monitoring <results> and of the certification of compliance.
7-18 SECTION 8. Section 382.054, Health and Safety Code, is
7-19 amended to read as follows:
7-20 Sec. 382.054. Federal Operating Permit. <A> Subject to
7-21 Section 382.0511(c) a person may not operate a federal source
7-22 unless the person has obtained a federal operating permit from the
7-23 board under Sections 382.0541 <and>, 382.0542, or 382.0543.
7-24 SECTION 9. Section 382.0541, Health and Safety Code, is
7-25 amended to read as follows:
8-1 Sec. 382.0541. Administration and Enforcement of Federal
8-2 Operating Permit. (a) The board may<:> adopt rules to:
8-3 (1) require a federal source <subject> to obtain a
8-4 permit pursuant to <Title III of> the federal Clean Air Act
8-5 <Amendments of 1990 (Pub.L. No. 101-549) to comply with that Act
8-6 and regulations adopted under that Act>;
8-7 (2) require an existing facility or source to use, at
8-8 a minimum, any applicable maximum achievable control technology
8-9 required by the board or by the United States Environmental
8-10 Protection Agency;
8-11 (3) require <a new or modified facility or source
8-12 subject to Title III> facilities or sources, which are new or
8-13 modified and are subject to section 112(g) of the federal Clean Air
8-14 Act <Amendments of 1990 (Pub.L. No. 101-549)> to use, at a minimum,
8-15 the more stringent of:
8-16 (A) the best available control technology,
8-17 considering the technical practicability and economic
8-18 reasonableness of reducing or eliminating emissions from the
8-19 proposed facility or source; or
8-20 (B) any applicable maximum achievable control
8-21 technology (MACT), including any MACT developed pursuant to Section
8-22 112(g) of the federal Clean Air Act (42 U.S.C. Section 7412); <, as
8-23 amended by Section 301 of the federal Clean Air Act Amendments of
8-24 1990 (Pub.L. No. 101-549), required by the board or by the United
8-25 States Environmental Protection Agency;>
9-1 (4) establish maximum achievable control technology
9-2 requirements <on a case-by-case basis> if the United States
9-3 Environmental Protection Agency does not <adopt> establish those
9-4 requirements<;> in accordance with section 112(j) of the federal
9-5 Clean Air Act;
9-6 (5) issue initial permits with terms not to exceed
9-7 five years for federal sources under Title <IV or> V of the federal
9-8 Clean Air Act <Amendments of 1990 (Pub.L. No. 101-549)>, with
9-9 <five-year> terms not to exceed five years for all subsequently
9-10 issued or renewed permits;
9-11 (6) administer the use of emissions allowances under
9-12 Section 408 of the federal Clean Air Act (42 U.S.C. Section
9-13 7651g)<, as amended by Section 401 of the federal Clean Air Act
9-14 Amendments of 1990 (Pub.L. No. 101-549)>;
9-15 (7) reopen and revise an affected federal operating
9-16 permit when:
9-17 (A) that permit has a <with a> term of three
9-18 years or more remaining in order to incorporate requirements under
9-19 the federal Clean Air Act (42 U.S.C. Section 7401 et seq.) adopted
9-20 after the permit is issued; <and>
9-21 (B) additional requirements become applicable to
9-22 an affected source under the acid rain program;
9-23 (C) the federal operating permit contains a
9-24 material mistake or if inaccurate statements were made in
9-25 establishing the emissions standards or other terms or conditions
10-1 of the federal operating permit; or
10-2 (D) a determination is made that the permit must
10-3 be revised or revoked to assure compliance with the applicable
10-4 requirements.
10-5 (8) incorporate a federal implementation plan as a
10-6 condition of a permit issued by the board<.>;
10-7 (9) exempt sources from the obligation to obtain a
10-8 federal operating permit;
10-9 (10) provide that all representations in an
10-10 application for a permit under Title IV of the federal Clean Air
10-11 Act, are binding on the applicant until issuance or denial of the
10-12 permit;
10-13 (11) provide that all terms and conditions of any
10-14 federal operating permit required under Title IV of the federal
10-15 Clean Air Act shall be a complete and segregable section of the
10-16 federal operating permit; and
10-17 (12) issue initial permits with fixed terms of five
10-18 years for federal sources under Title IV of the federal Clean Air
10-19 Act with fixed five-year terms for all subsequently issued or
10-20 renewed permits.
10-21 (b) The board by rule shall provide for objection by the
10-22 administrator to the issuance of any operating or general permit
10-23 subject to Title V of the federal Clean Air Act <Amendments of 1990
10-24 (Pub.L. No. 101-549)> and shall authorize the administrator to
10-25 revoke and reissue, terminate, reopen or modify a federal operating
11-1 permit.
11-2 (c) This section does not affect the permit requirements of
11-3 Section 382.0518, except that the board may consolidate with an
11-4 existing permit issued under this section a permit required by
11-5 Section 382.0518.
11-6 (d) The board shall promptly provide notice to the applicant
11-7 of whether the application is complete. Unless the board requests
11-8 additional information or otherwise notifies the applicant of
11-9 incompleteness within 60 days of receipt of an application, the
11-10 application shall be deemed complete.
11-11 <(d)> (e) Subsection (a)(3) and (4) does not prohibit the
11-12 applicability of at least the best available control technology to
11-13 a new or modified facility or source under Section 382.0518(b)(1).
11-14 SECTION 10. Section 382.0542, Health and Safety Code, is
11-15 amended to read as follows:
11-16 Sec. 382.0542. Issuance of Federal Operating Permit; Appeal
11-17 of Delay. <(a) The board shall grant a permit required by Section
11-18 382.054 not later than 18 months after the date on which the board
11-19 receives an administratively complete application if, from
11-20 information available to the board, including information presented
11-21 at any hearing held under Section 382.0561, the board finds that
11-22 the facility or source for which the permit is sought meets the
11-23 requirements of Subsection (b).>
11-24 <(b)> (a) A <facility or> federal source is eligible for a
11-25 permit required by Section 382.054 if from the information
12-1 available to the board, including information presented at any
12-2 hearing held under Section 382.0561, the board finds that:
12-3 <(1) emissions from the facility or source will comply
12-4 with the intent of this chapter, including protection of the
12-5 public's health and physical property;>
12-6 <(2)> (1) the <facility or> federal source will use,
12-7 at a minimum, any applicable maximum achievable control technology
12-8 required by the board or by the United States Environmental
12-9 Protection Agency;
12-10 <(3)> (2) <for a new or modified source or facility
12-11 subject to Title III of the federal Clean Air Act Amendments of
12-12 1990 (Pub.L. No. 101-549)> for a federal source which is new or
12-13 modified and subject to section 112(g) of the federal Clean Air Act
12-14 <Amendments of 1990 (Pub. L. No. 101-549)>, the federal source <or
12-15 facility> will use, at a minimum, the more stringent of:
12-16 (A) the best available control technology,
12-17 considering the technical practicability and economic
12-18 reasonableness of reducing or eliminating the emissions from the
12-19 proposed <facility or> federal source; or
12-20 (B) any applicable maximum achievable control
12-21 technology required by the board or by the United States
12-22 Environmental Protection Agency; and
12-23 <(4)> (3) <emissions from the> The <facility or>
12-24 federal source will comply with the <all> following <applicable>
12-25 requirements, if applicable: <of:>
13-1 <(A) Title III of the federal Clean Air Act
13-2 Amendments of 1990 (Pub.L. No. 101-549);>
13-3 <(B) Title IV of the federal Clean Air Act
13-4 Amendments of 1990 (Pub.L. No. 101-549);>
13-5 <(C) Sections 111 and 112 of the federal Clean
13-6 Air Act (42 U.S.C. Sections 7411 and 7412);>
13-7 <(D) Parts C and D of Title I of the federal
13-8 Clean Air Act (42 U.S.C. Sections 7470 et seq. and 7501 et seq.);>
13-9 <(E) the state implementation plan requirements
13-10 approved by the United States Environmental Protection Agency;>
13-11 <(F) this chapter and rules adopted under this
13-12 chapter; and>
13-13 <(G) the federal Clean Air Act (42 U.S.C.
13-14 Section 7401 et seq.), as revised.>
13-15 (A) Title V of the federal Clean Air Act and the
13-16 regulations promulgated thereunder;
13-17 (B) any standard or other requirement provided
13-18 for in the applicable implementation plan approved or promulgated
13-19 by EPA through rulemaking under title I of the federal Clean Air
13-20 Act that implements the relevant requirements of the Act, including
13-21 any revisions to that plan promulgated in 40 C.F.R. Part 52;
13-22 (C) any term or condition of any preconstruction
13-23 permits issued pursuant to regulations approved or promulgated
13-24 through rulemaking under Part C or D of Title I of the federal
13-25 Clean Air Act;
14-1 (D) any standard or other requirement under
14-2 section 111 of the federal Clean Air Act, including section 111(d);
14-3 (E) any standard or other requirement under
14-4 section 112 of the federal Clean Air Act including any requirement
14-5 concerning accident prevention under section 112(r)(7) of the Act;
14-6 (F) any standard or other requirement of the
14-7 acid rain program under title IV of the federal Clean Air Act or
14-8 the regulations promulgated thereunder;
14-9 (G) any requirements established pursuant to
14-10 section 504(b) or section 114(a)(3) of the federal Clean Air Act;
14-11 (H) any standard or other requirement governing
14-12 solid waste incineration under section 129 of the federal Clean Air
14-13 Act Amendments of 1990 (Pub.L. 101-549);
14-14 (I) any standard or other requirement for
14-15 consumer and commercial products under section 183(e) of the
14-16 federal Clean Air Act;
14-17 (J) any standard or other requirement for tank
14-18 vessels under section 183(f) of the federal Clean Air Act;
14-19 (K) any standard or other requirement of the
14-20 program to control air pollution from outer continental shelf
14-21 sources, under section 328 of the federal Clean Air Act;
14-22 (L) any standard or other requirement of the
14-23 regulations promulgated to protect stratospheric ozone under title
14-24 VI of the federal Clean Air Act unless the Administrator has
14-25 determined that such requirements need not be contained in a title
15-1 V permit; and
15-2 (M) any national ambient air quality standard or
15-3 increment or visibility requirement under part C of title I of the
15-4 federal Clean Air Act, but only as it would apply to temporary
15-5 sources permitted pursuant to section 504(e) of the federal Clean
15-6 Air Act;
15-7 <(c)> (b) <If the> The board <does not act> shall:
15-8 (1) take final action on <a permit application or> an
15-9 application for a permit, permit revision, or permit renewal
15-10 <application> within 18 months of the date on which the board
15-11 receives an administratively complete application<,>. <a person
15-12 affected by the board's failure to act may obtain judicial review
15-13 under Section 382.032. A reviewing court may order the board to
15-14 act on the application without additional delay if it finds that
15-15 the board's failure to act is arbitrary or unreasonable.>
15-16 (2) Under an interim program, for those federal
15-17 sources required to file initial applications prior to or within
15-18 one year of the effective date of the interim program, take final
15-19 action on at least one-third of those applications annually over a
15-20 period not to exceed three years after such effective date.
15-21 (3) under the fully approved program, for those
15-22 federal sources required to file initial applications prior to or
15-23 within one year of the effective date of the fully approved
15-24 program, take final action on at least one-third of those
15-25 applications annually over a period not to exceed three years after
16-1 such effective date.
16-2 (4) take final action on a permit reopening not later
16-3 than 18 months after promulgation of the applicable requirement
16-4 that prompted the reopening.
16-5 (c) If the board fails to take final action pursuant to
16-6 382.0542(b), any person affected by the board's failure to act may
16-7 obtain judicial review under Section 382.032. A reviewing court
16-8 may order the board to act on the application without additional
16-9 delay if it finds that the board's failure to act is arbitrary or
16-10 unreasonable.
16-11 <(d) In considering the issuance, amendment, or renewal of a
16-12 permit, the board may consider any adjudicated decision or
16-13 compliance proceeding within the five years before the date on
16-14 which the application was filed that addressed the applicant's past
16-15 performance and compliance with the laws of this state, another
16-16 state, or the United States governing air contaminants or with the
16-17 terms of any permit or order issued by the board.>
16-18 <(e)> (d) Subsection <(b)(3)> (a)(2) does not prohibit the
16-19 applicability of at least the best available control technology to
16-20 a new or modified facility or source under Section 382.0518(b)(1).
16-21 SECTION 11. Chapter 382, Health and Safety Code, is amended
16-22 by adding Section 382.0543 to read as follows:
16-23 Sec. 382.0543. REVIEW AND RENEWAL OF FEDERAL OPERATING
16-24 PERMIT. (a) Pursuant to Section 382.0541(a)(5), a federal
16-25 operating permit issued or renewed by the board is subject to
17-1 review at least every five years after the date of issuance to
17-2 determine whether the authority to operate should be renewed.
17-3 (b) The board by rule shall establish:
17-4 (1) the procedures for notifying permit holders that
17-5 the permit is scheduled for review in accordance with this section.
17-6 (2) a deadline by which the holder of a permit must
17-7 submit an application for renewal of the permit. In no case shall
17-8 a renewal application be due less than 6 months prior to permit
17-9 expiration nor more than 18 months prior to expiration.
17-10 (3) the general requirements for an application; and
17-11 (4) the procedures for reviewing and acting on renewal
17-12 applications.
17-13 (c) The board shall promptly provide notice to the applicant
17-14 of whether the application is complete. Unless the board requests
17-15 additional information or otherwise notifies the applicant of
17-16 incompleteness within 60 days of receipt of an application, the
17-17 application shall be deemed complete.
17-18 (d) The board shall take final action on a renewal
17-19 application for a federal operating permit within 18 months after
17-20 an application is determined to be administratively complete. If
17-21 the board does not act on a permit renewal application within 18
17-22 months of the date on which the board receives an administratively
17-23 complete application, any person who participated in the public
17-24 participation process or a person affected by the board's failure
17-25 to act may obtain judicial review under Section 382.032.
18-1 (e) In determining whether and under which conditions a
18-2 permit should be renewed, the board shall consider:
18-3 (1) all applicable requirements in Section
18-4 382.0542(a)-(3)(A) to (M); and
18-5 (2) whether the federal source is in compliance with
18-6 this chapter and the terms of the existing permit.
18-7 (f) The board shall impose as terms and conditions in a
18-8 renewed federal operating permit, any applicable requirements under
18-9 Title V of the federal Clean Act. The terms or conditions of the
18-10 renewed permit must provide for compliance with any applicable
18-11 requirement under Title V of the federal Clean Air Act. The board
18-12 may not impose requirements less stringent than those of the
18-13 existing permit unless the board determines that a proposed change
18-14 will meet the requirements of Section 382.0541.
18-15 (g) If the applicant submits a timely and complete
18-16 application for federal operating permit renewal, but the TACB has
18-17 failed to issue or deny the renewal permit before the end of the
18-18 term of the previous permit then:
18-19 (1) the applicant may continue to operate until the
18-20 permit application is issued or denied, subject to the condition
18-21 that the applicant submit, by the deadline specified in writing by
18-22 the TACB, any additional information needed to process the
18-23 application requested in writing by the TACB; and
18-24 (2) all terms and conditions of the permit shall
18-25 remain in effect until the renewal permit has been issued or
19-1 denied.
19-2 (h) This section does not affect the board's authority to
19-3 begin enforcement action under Sections 382.082-382.084.
19-4 SECTION 12. Section 382.055, Health and Safety Code, is
19-5 amended to read as follows:
19-6 Sec. 382.055. REVIEW AND RENEWAL OF PRECONSTRUCTION PERMIT.
19-7 (a) <Subject to Section 382.0541(a)(5), a> A preconstruction
19-8 permit issued or renewed by the board <on or after December 1,
19-9 1991,> is subject to review <every five years after the date of
19-10 issuance> to determine whether the authority to operate should be
19-11 renewed<. A permit issued before December 1, 1991, is subject to
19-12 review 15 years after the date of issuance.> according to the
19-13 following schedule:
19-14 (1) a preconstruction permit issued before December 1,
19-15 1991, is subject to review no later than 15 years after the date of
19-16 issuance<.>; and
19-17 (2) a preconstruction permit issued on or after
19-18 December 1, 1991, shall be subject to review every 10 years;
19-19 provided, however, that for cause, a preconstruction permit for a
19-20 facility at a nonfederal source may contain a provision requiring
19-21 the permit to be renewed at a period of between five and 10 years.
19-22 (b) The board by rule shall establish:
19-23 (1) a deadline by which the holder of a
19-24 preconstruction permit must submit an application for review of the
19-25 permit;
20-1 (2) the general requirements that must be met by the
20-2 applicant; and
20-3 (3) the procedures for reviewing and acting on
20-4 <review> renewal applications.
20-5 (c) Not less than 180 days before the date on which the
20-6 renewal application is due, the board shall provide written notice
20-7 to the permit holder, by registered or certified mail, that the
20-8 permit is scheduled for review in accordance with this section.
20-9 The notice must include a description of the procedure for filing a
20-10 review application and the information to be included in the
20-11 application.
20-12 (d) In determining whether and under which conditions a
20-13 preconstruction permit should be renewed, the board shall consider,
20-14 at a minimum:
20-15 (1) whether the facility is or has been in substantial
20-16 compliance with this chapter and the terms of the existing permit;
20-17 (2) the condition and effectiveness of existing
20-18 emission control equipment and practices<; and>.
20-19 <(3) all applicable requirements of the federal Clean
20-20 Air Act Amendments of 1990 (Pub.L. No. 101-549).>
20-21 (e) The board shall impose as a condition for renewal of a
20-22 preconstruction permit <any applicable requirements of Title V of
20-23 the federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549),
20-24 as well as> those requirements determined to be economically
20-25 reasonable and technically practicable considering the age of the
21-1 facility and the effect of its emissions on the surrounding area.
21-2 The board may not impose requirements less stringent than those of
21-3 the existing permit unless the board determines that a proposed
21-4 change will meet the requirements of Sections 382.0518. <and
21-5 382.0541>
21-6 (f) <In this subsection, a "reasonable time" may not exceed
21-7 the time limitations established by the United States Environmental
21-8 Protection Agency for federal sources under Title IV or V of the
21-9 federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549). The
21-10 board shall renew a permit within a reasonable time after the date
21-11 on which a complete application is filed or,> No later than 180
21-12 days after the date on which the application for renewal is filed,
21-13 the board shall renew the permit, or if the board determines that
21-14 the facility will not meet the requirements for renewing the
21-15 permit, shall:
21-16 (1) set out in a report to the applicant the basis for
21-17 the board's determination; and
21-18 (2) establish a schedule, to which the applicant must
21-19 adhere in meeting the board's requirements, that:
21-20 (A) includes a final date for meeting the
21-21 board's requirements; and
21-22 (B) requires completion of that action as
21-23 expeditiously as possible.
21-24 (g) If the applicant meets the board's requirements in
21-25 accordance with the schedule, the board shall renew the permit. If
22-1 the applicant does not meet those requirements in accordance with
22-2 the schedule, the applicant must show in a contested case
22-3 proceeding why the permit should not expire immediately. The
22-4 applicant's permit is effective until:
22-5 (1) the final date specified by the board's report to
22-6 the applicant;
22-7 (2) the existing permit is renewed; or
22-8 (3) the date specified by a board order issued
22-9 following a contested case proceeding held under this section.
22-10 (h) If the holder of a preconstruction permit to whom the
22-11 board has mailed notice of this section does not apply for review
22-12 of that permit by the date specified by the board under this
22-13 section<:> then the permit shall expire at the end of the period
22-14 described in subsection (a).
22-15 <(1) a permit issued on or after December 1, 1991,
22-16 expires five years after the date on which the permit is originally
22-17 issued or, if the permit has been renewed, five years after the
22-18 date on which the permit is last renewed; and>
22-19 <(2) a permit issued before December 1, 1991, expires
22-20 15 years after the date on which the permit is originally issued
22-21 or, if the permit has been renewed before December 1, 1991, 15
22-22 years after the date on which the permit is last renewed.>
22-23 (i) This section does not affect the board's authority to
22-24 begin enforcement action under Sections 382.082-382.084.
22-25 SECTION 13. Section 382.056, Health and Safety Code, is
23-1 amended to read as follows:
23-2 Sec. 382.056. NOTICE OF INTENT TO OBTAIN PERMIT OR PERMIT
23-3 REVIEW; HEARING. (a) An applicant for a permit under Section
23-4 382.0518 or for a permit renewal review under Section 382.055 shall
23-5 publish notice of intent to obtain the permit or permit review.
23-6 The board, by rule, may require applicants for federal operating
23-7 permits to publish notice of intent to obtain a permit or permit
23-8 review consistent with the federal requirements and with the
23-9 requirements of this section. The applicant shall publish the
23-10 notice at least once in a newspaper of general circulation in the
23-11 municipality in which the facility or source is located or is
23-12 proposed to be located or in the municipality nearest to the
23-13 location or proposed location of the facility or source. The board
23-14 by rule shall prescribe when notice must be published and may
23-15 require publication of additional notice.
23-16 (b) The notice must include:
23-17 (1) a description of the location or proposed location
23-18 of the facility;
23-19 (2) a statement that a person who may be affected by
23-20 emissions of air contaminants from the facility, <or> proposed
23-21 facility, or source is entitled to request a hearing from the
23-22 board;
23-23 (3) a description of the manner in which the board may
23-24 be contacted for further information; and
23-25 (4) any other information the board by rule requires.
24-1 (c) At the site of a facility, <or> proposed facility, or
24-2 source subject to subsection (a) of this section <for which a
24-3 permit application or permit review application is submitted,> the
24-4 applicant shall place a sign declaring the filing of an application
24-5 for a permit or permit review for a facility at the site and
24-6 stating the manner in which the board may be contacted for further
24-7 information. The board shall adopt any rule necessary to carry out
24-8 this subsection.
24-9 (d) Except as provided by Section 382.0561, the board or its
24-10 delegate shall hold a public hearing on the permit application or
24-11 permit review application before granting the permit or renewal if
24-12 a person who may be affected by the emissions, or a member of the
24-13 legislature from the general area in which the facility or proposed
24-14 facility is located, requests a hearing within the period set by
24-15 board rule. The board is not required to hold a hearing if the
24-16 basis of a request by a person who may be affected is determined to
24-17 be unreasonable.
24-18 SECTION 14. Section 382.0561, Health and Safety Code, is
24-19 amended to read as follows:
24-20 Sec. 382.0561. FEDERAL OPERATING PERMIT: HEARING. (a) The
24-21 following public hearings shall be conducted under this section
24-22 only and not under the Administrative Procedure and Texas Register
24-23 Act (Article 6252-13a, Vernon's Texas Civil Statutes):
24-24 (1) a public hearing on a permit application for a
24-25 federal operating permit or for a federal operating permit
25-1 reopening, under Sections 382.054-382.0542 <that is not subject to
25-2 Section 382.0518>; or
25-3 (2) a public hearing on an application for renewal of
25-4 a federal operating permit under Section <382.055.> 382.0543.
25-5 (b) On determination that an application for a federal
25-6 operating permit under Sections 382.054-382.0542 or a renewal of a
25-7 federal operating permit under Section <382.055> 382.0543 is
25-8 administratively complete and before the beginning of the public
25-9 comment period, the board or its designee shall prepare a draft
25-10 permit.
25-11 (c) The board or its designee shall hold a public hearing on
25-12 a federal operating permit, a reopening of a federal operating
25-13 permit, or renewal application before granting the permit or
25-14 renewal if within the public comment period a person who may be
25-15 affected by the emissions or a member of the legislature from the
25-16 general area in which the facility is located requests a hearing.
25-17 The board or its designee is not required to hold a hearing if the
25-18 basis of the request by a person who may be affected is determined
25-19 to be unreasonable.
25-20 (d) The following shall be available for public inspection
25-21 in at least one location in the general area where the facility is
25-22 located:
25-23 (1) information submitted by the application, subject
25-24 to applicable confidentiality laws;
25-25 (2) the executive director's analysis of the proposed
26-1 action; and
26-2 (3) a copy of the draft permit.
26-3 (e) The board or its designee shall hold a public comment
26-4 period on a federal operating permit application, a federal
26-5 operating permit reopening or permit renewal application under
26-6 Sections 382.054-382.0542 or <382.055.> 382.0543. Any person may
26-7 submit a written statement to the board during the public comment
26-8 period. The <executive director> board or its designee shall
26-9 receive public comment for 30 days after the date on which notice
26-10 of the public comment period is published. The <executive
26-11 director> board or its designee may extend or reopen the comment
26-12 period if the director finds an extension or reopening to be
26-13 appropriate.
26-14 (f) Notice of the public comment period and opportunity for
26-15 a hearing under this section shall be published in accordance with
26-16 Section 382.056.
26-17 (g) Any person may submit an oral or written statement
26-18 concerning the application at the hearing. The individual holding
26-19 the hearing may set reasonable limits on the time allowed for oral
26-20 statements at the hearing. The public comment period extends to
26-21 the close of the hearing and may be further extended or reopened if
26-22 the <executive director> board or its designee finds an extension
26-23 or reopening to be appropriate.
26-24 (h) Any person, including the applicant, who believes that
26-25 any condition of the draft permit is inappropriate or that the
27-1 <executive director's> board or its designee's preliminary decision
27-2 to issue or deny a permit is inappropriate must raise all
27-3 reasonably ascertainable issues and submit all reasonably available
27-4 arguments supporting that position by the end of the public comment
27-5 period.
27-6 (i) The <executive director> the board or its designee shall
27-7 consider all comments received during the public comment period and
27-8 at the public hearing in determining whether to issue the permit
27-9 and what conditions should be included if a permit is issued.
27-10 SECTION 15. Section 382.0562, Health and Safety Code, is
27-11 amended to read as follows:
27-12 Sec. 382.0562. NOTICE OF DECISION. (a) The <executive
27-13 director> board or its designee shall send notice of a decision on
27-14 a federal operating permit by first-class mail to the applicant and
27-15 all persons who comment during the public comment period or at the
27-16 public hearing. The notice shall include a response to any comment
27-17 submitted during the public comment period and shall identify any
27-18 change in the conditions of the draft permit and the reasons for
27-19 the change.
27-20 (b) The notice required by Subsection (a) shall:
27-21 (1) state that any person affected by the decision of
27-22 the <executive director> board or its designee may petition the
27-23 administrator <appeal the decision to the board> not later than the
27-24 <30th> 60th day after the date on which notice was mailed;
27-25 (2) state the date by which <an appeal> the petition
28-1 must be filed;
28-2 (3) explain the <appeal> petition process. <and
28-3 explain that an appeal is a contested case hearing before the
28-4 board; and>
28-5 <(4) state that a letter to the board stating that the
28-6 person is appealing the decision constitutes an appeal of the
28-7 decision.>
28-8 SECTION 16. Section 382.0563, Health and Safety Code, is
28-9 renamed and amended to read as follows:
28-10 Sec. 382.0563. <APPEAL TO BOARD> PUBLIC PETITION TO THE
28-11 ADMINISTRATOR. <(a) Any person, including the applicant, affected
28-12 by a decision of the executive director under Section 382.0561 may
28-13 appeal the decision to the board not later than the 30th day after
28-14 the date on which notice was mailed. The issues on appeal must be
28-15 identified with specificity in the request for a contested case
28-16 hearing.>
28-17 (a) Any person, including the applicant, affected by a
28-18 decision of the board or its designee under Sections 382.0541,
28-19 382.0542, or 382.0543 may petition the Administrator not later than
28-20 the 60th day after the date on which notice required by 382.0562
28-21 was mailed, or 60 days after date of issuance, renewal or
28-22 modification of the permit. Any such petition shall be based
28-23 solely on objections to the permit that were raised with reasonable
28-24 specificity during the public comment period unless the petitioner
28-25 demonstrates that it was impracticable to raise such objections
29-1 within such period or unless the grounds for such objection arose
29-2 after such period.
29-3 <(b) An appeal under this section is a contested case
29-4 hearing under the Administrative Procedure and Texas Register Act
29-5 (Article 6252-13a, Vernon's Texas Civil Statutes).>
29-6 (b) The petition for review to the Administrator under this
29-7 section does not affect a permit issued by the board or its
29-8 designee. The board or its designee shall have 90 days from
29-9 receipt of an EPA objection to resolve any objection that EPA makes
29-10 and to terminate, modify, or revoke and reissue the permit in
29-11 accordance with EPA's objection.
29-12 <(c) The filing of an appeal to the board under this section
29-13 does not affect a permit issued by the executive director. A final
29-14 order by the board reversing or modifying the executive director's
29-15 decision takes effect when it becomes final and appealable.>
29-16 SECTION 17. Section 382.0564, Health and Safety Code, is
29-17 amended to read as follows:
29-18 Sec. 382.0564. NOTIFICATION TO OTHER GOVERNMENTAL ENTITIES.
29-19 The board by rule <shall> may allow for notification of and review
29-20 by the administrator and affected states of <any permit application
29-21 or draft permit> permit applications, revisions, renewals or draft
29-22 permits prepared under Sections 382.054-<382.0542> 382.0543. <if
29-23 notification and review is requested.>
29-24 SECTION 18. Section 382.057, Health and Safety Code, is
29-25 amended to read as follows:
30-1 Sec. 382.057. Exemption. (a) Consistent with Section
30-2 382.0511, the board by rule may exempt from the requirements of
30-3 Section 382.0518 <and Sections 382.054-382.0542> changes within a
30-4 permitted facility and certain types of facilities if it is found
30-5 on investigation that such changes or types of facilities will not
30-6 make a significant contribution of air contaminants to the
30-7 atmosphere<,>. <except as prohibited by the federal Clean Air Act
30-8 Amendments of 1990 (Pub.L. No. 101-549).> The board may not exempt
30-9 any source or facility or any modification of an existing facility
30-10 defined as "major" under the federal Clean Air Act <Amendments of
30-11 1990 (Pub.L. No. 101-549)> or regulations adopted under that Act.
30-12 (b) The board shall adopt rules specifically defining the
30-13 terms and conditions for an exemption under this section in a
30-14 nonattainment area as defined by Title I of the federal Clean Air
30-15 Act (42 U.S.C. Section 7401 et seq.).
30-16 SECTION 19. Section 382.059, Health and Safety Code, is
30-17 amended to read as follows:
30-18 Sec. 382.059. Revocation of Permit or Exemption. (a) The
30-19 board may revoke and reissue, terminate, or modify a federal
30-20 operating permit, preconstruction permit or exemption issued under
30-21 this chapter if the board determines that:
30-22 (1) any of the terms of the federal operating permit,
30-23 preconstruction permit or exemption are being violated; or
30-24 (2) emissions from the proposed facility will
30-25 contravene air pollution control standards set by the board or will
31-1 contravene the intent of this chapter.
31-2 (3) the federal operating permit contains a material
31-3 mistake or that inaccurate statements were made in establishing the
31-4 emissions standards or other terms or conditions of the federal
31-5 operating permit.
31-6 (b) The board may<:>
31-7 <(1) begin proceedings to revoke and reissue,
31-8 terminate, or modify a permit if a violation at a proposed facility
31-9 is continued after 180 days following the date on which the notice
31-10 of violation is provided under Section 382.082; and>
31-11 <(2)> consider good faith efforts to correct the
31-12 violation in deciding whether to revoke and reissue, terminate, or
31-13 modify a federal operating permit, preconstruction permit or
31-14 exemption.
31-15 SECTION 20. Section 382.0591, Health and Safety Code, is
31-16 amended to read as follows:
31-17 Sec. 382.0591. DENIAL OF APPLICATION FOR PERMIT; ASSISTANCE
31-18 PROVIDED BY <CERTAIN> FORMER OR CURRENT EMPLOYEES.
31-19 (a) The board shall deny an application for the issuance,
31-20 amendment, renewal, or transfer of a permit and may not issue,
31-21 amend, renew, or transfer the permit if the board determines that:
31-22 <a former employee:>
31-23 (1) a former employee participated personally and
31-24 substantially as an employee in the board's review, evaluation, or
31-25 processing of the application before leaving employment with the
32-1 board; and
32-2 (2) after leaving employment with the board, that same
32-3 former employee provided assistance to the applicant for the
32-4 issuance, amendment, renewal, or transfer of the permit including
32-5 assistance with preparation or presentation of the application or
32-6 legal representation of the applicant.
32-7 (b) No federal operating permit for a solid waste
32-8 incineration unit may be issued by the board or by the executive
32-9 director if a member of the board or the executive director is also
32-10 responsible in whole or in part for the design and construction or
32-11 operation of the unit.
32-12 (c) The board shall provide an opportunity for a hearing to
32-13 an applicant before denying an application under this section.
32-14 (d) Action taken under this section does not prejudice any
32-15 application other than an application in which the former employee
32-16 provided assistance.
32-17 (e) In this section, "former employee" means a person:
32-18 (1) who was previously employed by the board as a
32-19 supervisory or exempt employee; and
32-20 (2) whose duties during employment with the board
32-21 included involvement in or supervision of the board's review,
32-22 evaluation, or processing of applications.
32-23 SECTION 21. Section 382.061, Health and Safety Code is
32-24 amended to read as follows:
32-25 Sec. 382.061. Delegation of Powers and Duties. (a) The
33-1 board may delegate to the executive director the powers and duties
33-2 under Sections 382.051-<382.055, 382.057> 382.0563 and 382.059.
33-3 (b) An applicant or a person affected by a decision of the
33-4 executive director may appeal to the board any decision made by the
33-5 executive director, with the exception of those decisions regarding
33-6 federal operating permits, under sections 382.051-382.055, and
33-7 382.059.
33-8 (c) Any person, including the applicant, affected by a
33-9 decision of the executive director regarding federal operating
33-10 permits may petition the administrator pursuant to section
33-11 382.0563.
33-12 SECTION 22. Section 382.062 of the Health and Safety Code is
33-13 amended by adding a subsection (a)(1)C to read as follows:
33-14 Sec. 382.062. APPLICATION, PERMIT AND INSPECTION FEES.
33-15 (a) The board shall adopt, charge, and collect a fee for:
33-16 (1) each application for:
33-17 (A) a permit or permit amendment, revision, or
33-18 modification not subject to Title IV or V of the federal Clean Air
33-19 Act <Amendments of 1990 (Pub. L. No. 101-549)>;
33-20 (B) a renewal review of a permit issued under
33-21 Section 382.0518 not subject to Title IV or V of the federal Clean
33-22 Air Act <Amendments of 1990 (Pub. L. No. 101-549)>;
33-23 (2) inspections of a facility or source performed to
33-24 enforce this chapter or rules adopted by the board under this
33-25 chapter until the facility or source is required to obtain a Title
34-1 IV or V operating permit under the federal Clean Air Act
34-2 <Amendments of 1990 (Pub. L. No. 101-549)>; and
34-3 (3) inspections performed to enforce this chapter or
34-4 rules adopted by the board under this chapter at a facility or
34-5 source not required to obtain a Title IV or V operating permit
34-6 under the federal Clean Air Act <Amendments of 1990 (Pub. L. No.
34-7 101-549)>.
34-8 (b) The board may adopt rules relating to charging and
34-9 collecting a fee for an exemption from a permit or for a standard
34-10 permit authorized by board rule and for a variance.
34-11 (c) For purposes of the fees, the board shall treat two or
34-12 more facilities that compose an integrated system or process as a
34-13 single facility if a structure, device, item of equipment, or
34-14 enclosure that constitutes or contains a given stationary source
34-15 operates in conjunction with and is functionally integrated with
34-16 one or more other similar structures, devices, items of equipment,
34-17 or enclosures.
34-18 (d) A fee assessed under this section may not be less than
34-19 $25 or more than $75,000.
34-20 (e) The board by rule shall establish the fees to be
34-21 collected under Subsection (a) in amounts sufficient to recover:
34-22 (1) the reasonable costs to review and act on a
34-23 variance application and enforce the terms and conditions of the
34-24 variance; and
34-25 (2) not less than 50 percent of the board's actual
35-1 annual expenditures to:
35-2 (A) review and act on permits or special
35-3 permits;
35-4 (B) amend and review permits;
35-5 (C) inspect permitted, exempted, and specially
35-6 permitted facilities; and
35-7 (D) enforce the rules and orders adopted and
35-8 permits, special permits, and exemptions issued under this chapter,
35-9 excluding rules and orders adopted and permits required under Title
35-10 IV or V of the federal Clean Air Act <Amendments of 1990 (Pub. L.
35-11 No. 101-549)>.
35-12 SECTION 23. Section 382.0622, Health and Safety Code, is
35-13 amended to read as follows:
35-14 Sec. 382.0622. Clean Air Act Fees. (a) Clean Air Act fees
35-15 consist of:
35-16 (1) fees collected by the board under Sections
35-17 382.062, 382.0621, and 382.037 and as otherwise provided by law;
35-18 and
35-19 (2) $2 of each advance payment collected by the
35-20 Department of Public Safety for inspection certificates for
35-21 vehicles other than mopeds under Section 141(c), Uniform Act
35-22 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
35-23 Statutes).
35-24 (b) Clean Air Act fees shall be deposited in the state
35-25 treasury to the credit of the clean air fund and shall be used to
36-1 safeguard the air resources of the state. <All unexpended and
36-2 unobligated money remaining in the fund on the last day of each
36-3 fiscal biennium shall be transferred to the credit of the general
36-4 revenue fund.>
36-5 (c) The board shall request the appropriation of sufficient
36-6 money to safeguard the air resources of the state, including
36-7 payments to the Public Safety Commission for incidental costs of
36-8 administering the vehicle emissions inspection and maintenance
36-9 program, except that after the date of delegation of the state's
36-10 permitting program under Title V of the federal Clean Air Act
36-11 <Amendments of 1990 (Pub. L. No. 101-549)>, fees collected under
36-12 Section 382.0621(a) may be appropriated only to cover costs of
36-13 developing and administering the federal permit program under
36-14 Titles IV and V of the federal Clean Air Act <Amendments of 1990
36-15 (Pub. L. No. 101-549)>.
36-16 (d)(1) Through the option of contracting for air pollution
36-17 control services, including but not limited to compliance and
36-18 permit inspections and complaint response, the board may utilize
36-19 appropriated money to purchase services from units of local
36-20 government meeting each of the following criteria:
36-21 (A) the unit of local government received
36-22 federal fiscal year 1990 funds from the United States Environmental
36-23 Protection Agency pursuant to Section 105 of the federal Clean Air
36-24 Act (42 U.S.C. Section 7405) for the operation of an air pollution
36-25 program by formal agreement;
37-1 (B) the local unit of government is in a
37-2 federally designated nonattainment area subject to implementation
37-3 plan requirements, including automobile emission inspection and
37-4 maintenance programs, under Title I of the federal Clean Air Act
37-5 <Amendments of 1990 (Pub. L. No. 101-549)>; and
37-6 (C) the local unit of government has not caused
37-7 the United States Environmental Protection Agency to provide
37-8 written notification that a deficiency in the quality or quantity
37-9 of services provided by its air pollution program is jeopardizing
37-10 compliance with a state implementation plan, a federal program
37-11 delegation agreement, or any other federal requirement for which
37-12 federal sanctions can be imposed.
37-13 (2) The board may request appropriations of sufficient
37-14 money to contract for services of local units of government meeting
37-15 the eligibility criteria of this subsection to ensure that the
37-16 combination of federal and state funds annually available for an
37-17 air pollution program is equal to or greater than the program costs
37-18 for the operation of an air quality program by the local unit of
37-19 government. The board is encouraged to fund an air pollution
37-20 program operated by a local unit of government meeting the
37-21 eligibility criteria of this subsection in a manner the board deems
37-22 an effective means of addressing federal and state requirements.
37-23 The services to be provided by an eligible local unit of government
37-24 under a contractual arrangement under this subsection shall be at
37-25 least equal in quality and quantity to the services the local unit
38-1 of government committed to provide in agreements under which it
38-2 received its federal 1990 air pollution grant. The board and the
38-3 local units of government meeting the eligibility criteria of this
38-4 subsection may agree to more extensive contractual arrangements.
38-5 (3) Nothing in this subsection shall prohibit a local
38-6 unit of government from voluntarily discontinuing an air pollution
38-7 program and thereby relinquishing this responsibility to the state.
38-8 SECTION 24. Chapter 382, Health and Safety Code, is amended
38-9 by adding Section 382.064 to read as follows:
38-10 Sec. 382.064. INITIAL APPLICATION DATE. No applications for
38-11 federal operating permits shall be required to be submitted to the
38-12 board prior to the approval of the Title V permitting program by
38-13 the United States Environmental Protection Agency.
38-14 SECTION 25. Section 382.084, Health and Safety Code, is
38-15 amended as follows:
38-16 Sec. 382.084. Injunction. (a) On application for
38-17 injunctive relief and a finding that a person is violating or
38-18 threatening to violate any provision of this chapter or any board
38-19 rule or order, a district court shall grant the injunctive relief
38-20 warranted by the facts.
38-21 (b) The court shall grant, without a bond or other
38-22 undertaking by the board, any prohibiting or mandatory injunctions
38-23 the facts may warrant, including temporary restraining orders after
38-24 notice and hearing, temporary injunctions, and permanent
38-25 injunctions.
39-1 (c) The board or the executive director may seek an
39-2 injunction or cause a suit for injunctive relief to be instituted
39-3 to stop:
39-4 (1) work on a facility that is:
39-5 (A) being done without a construction permit,
39-6 special permit, or exemption required under this chapter; or
39-7 (B) in violation of the terms of a permit,
39-8 special permit, or exemption issued under this chapter; and
39-9 (2) the operation of a facility that:
39-10 (A) is operating without <an> a federal
39-11 operating permit required under this chapter; or
39-12 (B) is operating in violation of the terms of
39-13 <an> a federal operating permit issued under this chapter.
39-14 SECTION 26. Acts 1991, 72nd Leg., 1st Called Session,
39-15 Chapter 3, Section 2.35 is hereby repealed:
39-16 Sec. 2.35. <Sections 382.0541, 382.0542, and 382.0561
39-17 through 382.0563, Health and Safety Code, as added by this article,
39-18 and the federal operating permit requirement described by Section
39-19 382.054, Health and Safety Code, as amended by this article, take
39-20 effect on the date on which the executive director of the Texas
39-21 Natural Resource Conservation Commission publishes in the Texas
39-22 Register notice of approval of the state's permitting program under
39-23 Title V of the federal Clean Air Act Amendments of 1990 (Pub. L.
39-24 No. 101-549) by the Administrator of the United States
39-25 Environmental Protection Agency.>
40-1 SECTION 27. EMERGENCY. The importance of this legislation
40-2 and the crowded condition of the calendars in both houses create an
40-3 emergency and an imperative public necessity that the
40-4 constitutional rule requiring bills to be read on three several
40-5 days in each house be suspended, and this rule is hereby suspended,
40-6 and that this Act take effect and be in force from and after its
40-7 passage, and it is so enacted.