1-1 By: Ellis S.B. No. 1220
1-2 (In the Senate - Filed March 12, 1993; March 16, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 May 7, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; May 7, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 1220 By: Lucio
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the effective administration of air quality permitting
1-24 programs, including compliance with federal Clean Air Act
1-25 requirements.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Subsection (a), Section 5.052, Water Code, is
1-28 amended to read as follows:
1-29 (a) The commission is composed of three members who are
1-30 appointed by the governor with the advice and consent of the senate
1-31 to represent the general public.
1-32 SECTION 2. Section 381.020, Health and Safety Code, is
1-33 amended and renumbered to read as follows:
1-34 Sec. 382.040 <381.020>. DOCUMENTS; PUBLIC PROPERTY. All
1-35 information, documents, and data collected by the board in
1-36 performing its duties are state property. Subject to the
1-37 limitations of Section 382.041 <381.022>, all board records are
1-38 public records open to inspection by any person during regular
1-39 office hours.
1-40 SECTION 3. Section 381.022, Health and Safety Code, is
1-41 amended and renumbered to read as follows:
1-42 Sec. 382.041 <381.022>. CONFIDENTIAL INFORMATION. (a)
1-43 Except as provided by Subsection (b), a <A> member, employee, or
1-44 agent of the board may not disclose information submitted to the
1-45 board relating to secret processes or methods of manufacture or
1-46 production that is identified as confidential when submitted.
1-47 (b) A member, employee, or agent of the board may disclose
1-48 information confidential under Subsection (a) to a representative
1-49 of the United States Environmental Protection Agency on the request
1-50 of a representative of that agency if:
1-51 (1) at the time of disclosure the member, employee, or
1-52 agent notifies the representative that the material has been
1-53 identified as confidential when submitted; and
1-54 (2) the board, before the information is disclosed,
1-55 has entered into an agreement with the United States Environmental
1-56 Protection Agency that ensures that the agency treats information
1-57 identified as confidential as though it had been submitted by the
1-58 originator of the information with an appropriate claim of
1-59 confidentiality under federal law.
1-60 SECTION 4. Subsections (a), (b), and (e), Section 382.032,
1-61 Health and Safety Code, are amended to read as follows:
1-62 (a) A person affected by a ruling, order, decision, or other
1-63 act of the board or of the executive director, if an appeal to the
1-64 board is not provided, may appeal the action by filing a petition
1-65 in a district court of Travis County.
1-66 (b) The petition must be filed within 30 days after the date
1-67 of the board's or executive director's action or, in the case of a
1-68 ruling, order, or decision, within 30 days after the effective date
2-1 of the ruling, order, or decision. If the appeal relates to the
2-2 board's failure to take final action on an application for a
2-3 federal operating permit, a reopening of a federal operating
2-4 permit, a revision to a federal operating permit, or a permit
2-5 renewal application for a federal operating permit in accordance
2-6 with Section 382.0542(b), the petition may be filed at any time
2-7 before the board or the executive director takes final action.
2-8 (e) In an appeal of an <a board> action of the board or
2-9 executive director other than cancellation or suspension of a
2-10 variance, the issue is whether the action is invalid, arbitrary, or
2-11 unreasonable.
2-12 SECTION 5. Subsections (b) and (c), Section 382.051, Health
2-13 and Safety Code, are amended to read as follows:
2-14 (b) To assist in fulfilling its authorization provided by
2-15 Subsection (a), the <The> board may issue:
2-16 (1) special permits for certain facilities;
2-17 (2) a general permit developed by rule for numerous
2-18 similar sources subject to Section 382.054; <or>
2-19 (3) a standard permit developed by rule for numerous
2-20 similar facilities subject to Section 382.0518;
2-21 (4) a single federal operating permit or
2-22 preconstruction permit for multiple federal sources or facilities
2-23 located at the same site; or
2-24 (5) other permits as necessary.
2-25 (c) The board may issue a federal operating permit for a
2-26 federal source in violation only if the operating permit
2-27 incorporates a compliance plan for the federal source<, as equipped
2-28 by Section 503 of the federal Clean Air Act (42 U.S.C. Section
2-29 7661b), as added by Section 501 of the federal Clean Air Act
2-30 Amendments of 1990 (Pub. L. No. 101-549) and any rules adopted by
2-31 the board,> as a condition of the permit.
2-32 SECTION 6. Subsections (a) and (c), Section 382.0511, Health
2-33 and Safety Code, are amended to read as follows:
2-34 (a) The board may consolidate into a single permit:
2-35 (1) any permits, special permits, or exemptions for a
2-36 facility or federal source issued by the board before December 1,
2-37 1991; or
2-38 (2) any permit issued by the board on or after
2-39 December 1, 1991, with any permits, special permits, or exemptions
2-40 issued or qualified for by that date.
2-41 (c) The board by rule may authorize <allow> changes in a
2-42 federal source to proceed before the owner or operator obtains a
2-43 federal operating permit or revisions to a federal operating permit
2-44 if the owner or operator has obtained a preconstruction permit or
2-45 permit amendment required by Section 382.0518 or an exemption
2-46 allowed under Section 382.057 <within a permitted facility or a
2-47 facility that has filed a timely and complete application for a
2-48 federal operating permit under Section 382.054 without requiring a
2-49 permit revision if:>
2-50 <(1) the changes are not modifications under any
2-51 provision of Title I of the federal Clean Air Act Amendments of
2-52 1990 (Pub. L. No. 101-549);>
2-53 <(2) the changes do not cause emissions in excess of
2-54 emissions allowable under the permit;>
2-55 <(3) the changes do not alter any permit condition;
2-56 and>
2-57 <(4) the facility notifies the board in writing at
2-58 least seven days in advance of the proposed changes, unless the
2-59 board by rule provides a different time frame for emergencies>.
2-60 SECTION 7. Section 382.0513, Health and Safety Code, is
2-61 amended to read as follows:
2-62 Sec. 382.0513. Permit Conditions. The board may establish
2-63 <by rule> and enforce permit conditions consistent with this
2-64 chapter. Permit conditions of general applicability shall be
2-65 adopted by rule <and rules adopted by the board>.
2-66 SECTION 8. Section 382.0514, Health and Safety Code, is
2-67 amended to read as follows:
2-68 Sec. 382.0514. SAMPLING, <AND> MONITORING, AND
2-69 CERTIFICATION. The board may require, at the expense of the permit
2-70 holder and as a condition of the permit:
3-1 (1) sampling and monitoring of a permitted federal
3-2 source or facility; <and>
3-3 (2) certification of the compliance of the owner or
3-4 operator of the permitted federal source with the terms and
3-5 conditions of the permit and with all applicable requirements; and
3-6 (3) a periodic report of:
3-7 (A) the results of sampling and monitoring; and
3-8 (B) the certification of compliance <a regular
3-9 periodic report of sampling and monitoring results>.
3-10 SECTION 9. Section 382.054, Health and Safety Code, is
3-11 amended to read as follows:
3-12 Sec. 382.054. Federal Operating Permit. Subject to Section
3-13 382.0511(c), a <A> person may not operate a federal source unless
3-14 the person has obtained a federal operating permit from the board
3-15 under Section <Sections> 382.0541, <and> 382.0542, or 382.0543.
3-16 SECTION 10. Section 382.0541, Health and Safety Code, is
3-17 amended to read as follows:
3-18 Sec. 382.0541. Administration and Enforcement of Federal
3-19 Operating Permit. (a) The board may:
3-20 (1) require a federal source <subject> to obtain a
3-21 permit under <Title III of> the federal Clean Air Act (42 U.S.C.
3-22 Section 7401 et seq.) <Amendments of 1990 (Pub. L. No. 101-549) to
3-23 comply with that Act and regulations adopted under that Act>;
3-24 (2) require an existing facility or source to use, at
3-25 a minimum, any applicable maximum achievable control technology
3-26 required by the board or by the United States Environmental
3-27 Protection Agency;
3-28 (3) require facilities or federal sources that are new
3-29 or modified and are subject to Section 112(g) <a new or modified
3-30 facility or source subject to Title III> of the federal Clean Air
3-31 Act (42 U.S.C. Section 7412) <Amendments of 1990 (Pub. L. No.
3-32 101-549)> to use, at a minimum, the more stringent of:
3-33 (A) the best available control technology,
3-34 considering the technical practicability and economic
3-35 reasonableness of reducing or eliminating emissions from the
3-36 proposed facility or federal source; or
3-37 (B) any applicable maximum achievable control
3-38 technology (MACT), including any MACT developed pursuant to Section
3-39 112(g) of the federal Clean Air Act (42 U.S.C. Section 7412)<, as
3-40 amended by Section 301 of the federal Clean Air Act Amendments of
3-41 1990 (Pub. L. No. 101-549), required by the board or by the United
3-42 States Environmental Protection Agency>;
3-43 (4) establish maximum achievable control technology
3-44 requirements in accordance with Section 112(j) of the federal Clean
3-45 Air Act (42 U.S.C. Section 7412) <on a case-by-case basis if the
3-46 United States Environmental Protection Agency does not adopt those
3-47 requirements>;
3-48 (5) issue initial permits with terms not to exceed
3-49 five years for federal sources under Title <IV or> V of the federal
3-50 Clean Air Act (42 U.S.C. Sections 7661-7661f) <Amendments of 1990
3-51 (Pub. L. No. 101-549)>, with <five-year> terms not to exceed five
3-52 years for all subsequently issued or renewed permits;
3-53 (6) administer the use of emissions allowances under
3-54 Section 408 of the federal Clean Air Act (42 U.S.C. Section
3-55 7651g)<, as amended by Section 401 of the federal Clean Air Act
3-56 Amendments of 1990 (Pub. L. No. 101-549)>;
3-57 (7) reopen and revise an affected federal operating
3-58 permit if:
3-59 (A) the permit has <with> a term of three years
3-60 or more remaining in order to incorporate requirements under the
3-61 federal Clean Air Act (42 U.S.C. Section 7401 et seq.) adopted
3-62 after the permit is issued; <and>
3-63 (B) additional requirements become applicable to
3-64 an affected source under the acid rain program;
3-65 (C) the federal operating permit contains a
3-66 material mistake;
3-67 (D) inaccurate statements were made in
3-68 establishing the emissions standards or other terms or conditions
3-69 of the federal operating permit; or
3-70 (E) a determination is made that the permit must
4-1 be reopened and revised to assure compliance with applicable
4-2 requirements;
4-3 (8) incorporate a federal implementation plan as a
4-4 condition of a permit issued by the board;
4-5 (9) exempt federal sources from the obligation to
4-6 obtain a federal operating permit;
4-7 (10) provide that all representations in an
4-8 application for a permit under Title IV of the federal Clean Air
4-9 Act (42 U.S.C. Sections 7651-7651o) are binding on the applicant
4-10 until issuance or denial of the permit;
4-11 (11) provide that all terms and conditions of any
4-12 federal operating permit required under Title IV of the federal
4-13 Clean Air Act (42 U.S.C. Sections 7651-7651o) shall be a complete
4-14 and segregable section of the federal operating permit; and
4-15 (12) issue initial permits with fixed terms of five
4-16 years for federal sources under Title IV of the federal Clean Air
4-17 Act (42 U.S.C. Sections 7651-7651o) with fixed five-year terms for
4-18 all subsequently issued or renewed permits.
4-19 (b) The board by rule shall provide for objection by the
4-20 administrator to the issuance of any operating or general permit
4-21 subject to Title V of the federal Clean Air Act (42 U.S.C. Sections
4-22 7661-7661f) <Amendments of 1990 (Pub. L. No. 101-549)> and shall
4-23 authorize the administrator to revoke and reissue, terminate,
4-24 reopen, or modify a federal operating permit.
4-25 (c) This section does not affect the permit requirements of
4-26 Section 382.0518, except that the board may consolidate with an
4-27 existing permit issued under this section a permit required by
4-28 Section 382.0518.
4-29 (d) The board promptly shall provide to the applicant notice
4-30 of whether the application is complete. Unless the board requests
4-31 additional information or otherwise notifies the applicant that the
4-32 application is incomplete before the 61st day after the board
4-33 receives an application, the application shall be deemed complete.
4-34 (e) Subsections <(d) Subsection> (a)(3) and (4) do <does>
4-35 not prohibit the applicability of at least the best available
4-36 control technology to a new or modified facility or federal source
4-37 under Section 382.0518(b)(1).
4-38 SECTION 11. Section 382.0542, Health and Safety Code, is
4-39 amended to read as follows:
4-40 Sec. 382.0542. Issuance of Federal Operating Permit; Appeal
4-41 of Delay. (a) <The board shall grant a permit required by Section
4-42 382.054 not later than 18 months after the date on which the board
4-43 receives an administratively complete application if, from
4-44 information available to the board, including information presented
4-45 at any hearing held under Section 382.0561, the board finds that
4-46 the facility or source for which the permit is sought meets the
4-47 requirements of Subsection (b).>
4-48 <(b)> A federal <facility or> source is eligible for a
4-49 permit required by Section 382.054 if from the information
4-50 available to the board, including information presented at a
4-51 hearing held under Section 382.0561, the board finds that:
4-52 (1) <emissions from the facility or source will comply
4-53 with the intent of this chapter, including protection of the
4-54 public's health and physical property;>
4-55 <(2)> the federal <facility or> source will use, at a
4-56 minimum, any applicable maximum achievable control technology
4-57 required by the board or by the United States Environmental
4-58 Protection Agency;
4-59 (2) for a federal source that is new or modified and
4-60 subject to Section 112(g) of the federal Clean Air Act (42 U.S.C.
4-61 Section 7412) <(3) for a new or modified source or facility
4-62 subject to Title III of the federal Clean Air Act Amendments of
4-63 1990 (Pub. L. No. 101-549)>, the federal source <or facility> will
4-64 use, at a minimum, the more stringent of:
4-65 (A) the best available control technology,
4-66 considering the technical practicability and economic
4-67 reasonableness of reducing or eliminating the emissions from the
4-68 proposed federal <facility or> source; or
4-69 (B) any applicable maximum achievable control
4-70 technology required by the board or by the United States
5-1 Environmental Protection Agency; and
5-2 (3) the federal <(4) emissions from the facility or>
5-3 source will comply with the following <all applicable>
5-4 requirements, if applicable <of>:
5-5 (A) Title V of the federal Clean Air Act (42
5-6 U.S.C. Sections 7661-7661f) and the regulations adopted under that
5-7 title;
5-8 (B) each standard or other requirement provided
5-9 for in the applicable implementation plan approved or adopted by
5-10 rule of the United States Environmental Protection Agency under
5-11 Title I of the federal Clean Air Act (42 U.S.C. Sections 7401-7515)
5-12 that implements the relevant requirements of that Act, including
5-13 any revisions to the plan;
5-14 (C) each term or condition of a preconstruction
5-15 permit issued by the commission or the United States Environmental
5-16 Protection Agency in accordance with rules adopted by the
5-17 commission or the United States Environmental Protection Agency
5-18 under Part C or D, Title I of the federal Clean Air Act (42 U.S.C.
5-19 7401-7515);
5-20 (D) each standard or other requirement
5-21 established under Section 111 of the federal Clean Air Act (42
5-22 U.S.C. Section 7411), including Subsection (d) of that section;
5-23 (E) each standard or other requirement
5-24 established under Section 112 of the federal Clean Air Act (42
5-25 U.S.C. Section 7412) including any requirement concerning accident
5-26 prevention under Subsection (r)(7) of that section;
5-27 (F) each standard or other requirement of the
5-28 acid rain program established under Title IV of the federal Clean
5-29 Air Act (42 U.S.C. Sections 7651-7651o) or the regulations adopted
5-30 under that title;
5-31 (G) each requirement established under Section
5-32 504(b) or Section 114(a)(3) of the federal Clean Air Act (42 U.S.C.
5-33 Section 7661c or 7414);
5-34 (H) each standard or other requirement governing
5-35 solid waste incineration established under Section 129 of the
5-36 federal Clean Air Act (42 U.S.C. Section 7429);
5-37 (I) each standard or other requirement for
5-38 consumer and commercial products established under Section 183(e)
5-39 of the federal Clean Air Act (42 U.S.C. Section 7511b);
5-40 (J) each standard or other requirement for tank
5-41 vessels established under Section 183(f) of the federal Clean Air
5-42 Act (42 U.S.C. Section 7511b);
5-43 (K) each standard or other requirement of the
5-44 program to control air pollution from outer continental shelf
5-45 sources established under Section 328 of the federal Clean Air Act
5-46 (42 U.S.C. Section 7627);
5-47 (L) each standard or other requirement of
5-48 regulations adopted to protect stratospheric ozone under Title VI
5-49 of the federal Clean Air Act (42 U.S.C. Sections 7671-7671q) unless
5-50 the administrator has determined that the standard or requirement
5-51 does not need to be contained in a Title V permit; and
5-52 (M) each national ambient air quality standard
5-53 or increment or visibility requirement under Part C of Title I of
5-54 the federal Clean Air Act (42 U.S.C. Sections 7470-7492), but only
5-55 as the standard, increment, or requirement would apply to a
5-56 temporary source permitted under Section 504(e) of the federal
5-57 Clean Air Act (42 U.S.C. Section 7661c)
5-58 <(A) Title III of the federal Clean Air Act
5-59 Amendments of 1990 (Pub. L. No. 101-549);>
5-60 <(B) Title IV of the federal Clean Air Act
5-61 Amendments of 1990 (Pub. L. No. 101-549);>
5-62 <(C) Sections 111 and 112 of the federal Clean
5-63 Air Act (42 U.S.C. Sections 7411 and 7412);>
5-64 <(D) Parts C and D of Title I of the federal
5-65 Clean Air Act (42 U.S.C. Sections 7470 et seq. and 7501 et seq.);>
5-66 <(E) the state implementation plan requirements
5-67 approved by the United States Environmental Protection Agency;>
5-68 <(F) this chapter and rules adopted under this
5-69 chapter; and>
5-70 <(G) the federal Clean Air Act (42 U.S.C.
6-1 Section 7401 et seq.), as revised>.
6-2 (b) The <(c) If the> board shall:
6-3 (1) take final action <does not act> on an application
6-4 for a permit, permit revision, <a permit application> or permit
6-5 renewal <application> within 18 months after <of> the date on which
6-6 the board receives an administratively complete application;
6-7 (2) under an interim program, for those federal
6-8 sources for which initial applications are required to be filed not
6-9 later than one year after the effective date of the interim
6-10 program, take final action on at least one-third of those
6-11 applications annually over a period not to exceed three years after
6-12 the effective date of the interim program;
6-13 (3) under the fully approved program, for those
6-14 federal sources for which initial applications are required to be
6-15 filed not later than one year after the effective date of the fully
6-16 approved program, take final action on at least one-third of those
6-17 applications annually over a period not to exceed three years after
6-18 the effective date of the program; and
6-19 (4) take final action on a permit reopening not later
6-20 than 18 months after the adoption of the requirement that prompted
6-21 the reopening.
6-22 (c) If the board fails to take final action as required by
6-23 Subsection (b)(1) or (4), a person affected by the board's failure
6-24 to act may obtain judicial review under Section 382.032 at any time
6-25 before the board takes final action. A reviewing court may order
6-26 the board to act on the application without additional delay if it
6-27 finds that the board's failure to act is arbitrary or unreasonable.
6-28 (d) <In considering the issuance, amendment, or renewal of a
6-29 permit, the board may consider any adjudicated decision or
6-30 compliance proceeding within the five years before the date on
6-31 which the application was filed that addressed the applicant's past
6-32 performance and compliance with the laws of this state, another
6-33 state, or the United States governing air contaminants or with the
6-34 terms of any permit or order issued by the board.>
6-35 <(e)> Subsection (a)(2) <(b)(3)> does not prohibit the
6-36 applicability of at least the best available control technology to
6-37 a new or modified facility or federal source under Section
6-38 382.0518(b)(1).
6-39 SECTION 12. Chapter 382, Health and Safety Code, is amended
6-40 by adding Section 382.0543 to read as follows:
6-41 Sec. 382.0543. REVIEW AND RENEWAL OF FEDERAL OPERATING
6-42 PERMIT. (a) In accordance with Section 382.0541(a)(5), a federal
6-43 operating permit issued or renewed by the board is subject to
6-44 review at least every five years after the date of issuance to
6-45 determine whether the authority to operate should be renewed.
6-46 (b) The board by rule shall establish:
6-47 (1) the procedures for notifying a permit holder that
6-48 the permit is scheduled for review in accordance with this section;
6-49 (2) a deadline by which the holder of a permit must
6-50 submit an application for renewal of the permit that is between the
6-51 date six months before expiration of the permit and the date 18
6-52 months before expiration of the permit;
6-53 (3) the general requirements for an application; and
6-54 (4) the procedures for reviewing and acting on a
6-55 renewal application.
6-56 (c) The board promptly shall provide to the applicant notice
6-57 of whether the application is complete. Unless the board requests
6-58 additional information or otherwise notifies the applicant that the
6-59 application is incomplete before the 61st day after the board
6-60 receives an application, the application shall be deemed complete.
6-61 (d) The board shall take final action on a renewal
6-62 application for a federal operating permit within 18 months after
6-63 the date an application is determined to be administratively
6-64 complete. If the board does not act on an application for permit
6-65 renewal within 18 months after the date on which the board receives
6-66 an administratively complete application, a person who participated
6-67 in the public participation process or a person affected by the
6-68 board's failure to act may obtain judicial review under Section
6-69 382.032 at any time before the board takes final action.
6-70 (e) In determining whether and under which conditions a
7-1 permit should be renewed, the board shall consider:
7-2 (1) all applicable requirements in Section
7-3 382.0542(a)(3); and
7-4 (2) whether the federal source is in compliance with
7-5 this chapter and the terms of the existing permit.
7-6 (f) The board shall impose as terms and conditions in a
7-7 renewed federal operating permit any applicable requirements under
7-8 Title V of the federal Clean Air Act (42 U.S.C. Sections
7-9 7661-7661f). The terms or conditions of the renewed permit must
7-10 provide for compliance with any applicable requirement under Title
7-11 V of the federal Clean Air Act (42 U.S.C. Sections 7661-7661f).
7-12 The board may not impose requirements less stringent than those of
7-13 the existing permit unless the board determines that a proposed
7-14 change will meet the requirements of Section 382.0541.
7-15 (g) If the applicant submits a timely and complete
7-16 application for federal operating permit renewal, but the board
7-17 fails to issue or deny the renewal permit before the end of the
7-18 term of the previous permit:
7-19 (1) all terms and conditions of the permit shall
7-20 remain in effect until the renewal permit has been issued or
7-21 denied; and
7-22 (2) the applicant may continue to operate until the
7-23 permit renewal application is issued or denied, if the applicant
7-24 submits additional information that is requested in writing by the
7-25 board that the board needs to process the application on or before
7-26 the time specified in writing by the board.
7-27 (h) This section does not affect the board's authority to
7-28 begin an enforcement action under Sections 382.082-382.084.
7-29 SECTION 13. Section 382.055, Health and Safety Code, is
7-30 amended to read as follows:
7-31 Sec. 382.055. REVIEW AND RENEWAL OF PRECONSTRUCTION PERMIT.
7-32 (a) A preconstruction <Subject to Section 382.0541(a)(5), a>
7-33 permit issued or renewed by the board <on or after December 1,
7-34 1991,> is subject to review <every five years after the date of
7-35 issuance> to determine whether the authority to operate should be
7-36 renewed according to the following schedule:
7-37 (1) a preconstruction permit issued before December 1,
7-38 1991, is subject to review not later than 15 years after the date
7-39 of issuance;
7-40 (2) a preconstruction permit issued on or after
7-41 December 1, 1991, is subject to review every 10 years after the
7-42 date of issuance; and
7-43 (3) for cause, a preconstruction permit issued on or
7-44 after December 1, 1991, for a facility at a nonfederal source may
7-45 contain a provision requiring the permit to be renewed at a period
7-46 of between five and 10 years. <A permit issued before December 1,
7-47 1991, is subject to review 15 years after the date of issuance.>
7-48 (b) The board by rule shall establish:
7-49 (1) a deadline by which the holder of a
7-50 preconstruction permit must submit an application to renew <for
7-51 review of> the permit;
7-52 (2) the general requirements for an application for
7-53 renewal of a preconstruction permit <that must be met by the
7-54 applicant>; and
7-55 (3) the procedures for reviewing and acting on renewal
7-56 <review> applications.
7-57 (c) Not less than 180 days before the date on which the
7-58 renewal application is due, the board shall provide written notice
7-59 to the permit holder, by registered or certified mail, that the
7-60 permit is scheduled for review in accordance with this section.
7-61 The notice must include a description of the procedure for filing a
7-62 renewal <review> application and the information to be included in
7-63 the application.
7-64 (d) In determining whether and under which conditions a
7-65 preconstruction permit should be renewed, the board shall consider,
7-66 at a minimum:
7-67 (1) whether the facility is or has been in substantial
7-68 compliance with this chapter and the terms of the existing permit;
7-69 and
7-70 (2) the condition and effectiveness of existing
8-1 emission control equipment and practices<; and>
8-2 <(3) all applicable requirements of the federal Clean
8-3 Air Act Amendments of 1990 (Pub. L. No. 101-549)>.
8-4 (e) The board shall impose as a condition for renewal of a
8-5 preconstruction permit <any applicable requirements of Title V of
8-6 the federal Clean Air Act Amendments of 1990 (Pub. L. No. 101-549),
8-7 as well as> those requirements determined to be economically
8-8 reasonable and technically practicable considering the age of the
8-9 facility and the effect of its emissions on the surrounding area.
8-10 The board may not impose requirements less stringent than those of
8-11 the existing permit unless the board determines that a proposed
8-12 change will meet the requirements of Section <Sections> 382.0518
8-13 <and 382.0541>.
8-14 (f) On or before the 180th day after the date on which an
8-15 application for renewal is filed, the board shall renew the permit
8-16 <In this subsection, a "reasonable time" may not exceed the time
8-17 limitations established by the United States Environmental
8-18 Protection Agency for federal sources under Title IV or V of the
8-19 federal Clean Air Act Amendments of 1990 (Pub. L. No. 101-549).
8-20 The board shall renew a permit within a reasonable time after the
8-21 date on which a complete application is filed> or, if the board
8-22 determines that the facility will not meet the requirements for
8-23 renewing the permit, shall:
8-24 (1) set out in a report to the applicant the basis for
8-25 the board's determination; and
8-26 (2) establish a schedule, to which the applicant must
8-27 adhere in meeting the board's requirements, that:
8-28 (A) includes a final date for meeting the
8-29 board's requirements; and
8-30 (B) requires completion of that action as
8-31 expeditiously as possible.
8-32 (g) If the applicant meets the board's requirements in
8-33 accordance with the schedule, the board shall renew the permit. If
8-34 the applicant does not meet those requirements in accordance with
8-35 the schedule, the applicant must show in a contested case
8-36 proceeding why the permit should not expire immediately. The
8-37 applicant's permit is effective until:
8-38 (1) the final date specified by the board's report to
8-39 the applicant;
8-40 (2) the existing permit is renewed; or
8-41 (3) the date specified by a board order issued
8-42 following a contested case proceeding held under this section.
8-43 (h) If the holder of a preconstruction permit to whom the
8-44 board has mailed notice under <of> this section does not apply for
8-45 renewal <review> of that permit by the date specified by the board
8-46 under this section, the permit shall expire at the end of the
8-47 period described in Subsection (a)<:>
8-48 <(1) a permit issued on or after December 1, 1991,
8-49 expires five years after the date on which the permit is originally
8-50 issued or, if the permit has been renewed, five years after the
8-51 date on which the permit is last renewed; and>
8-52 <(2) a permit issued before December 1, 1991, expires
8-53 15 years after the date on which the permit is originally issued
8-54 or, if the permit has been renewed before December 1, 1991, 15
8-55 years after the date on which the permit is last renewed>.
8-56 (i) This section does not affect the board's authority to
8-57 begin an enforcement action under Sections 382.082-382.084.
8-58 SECTION 14. Subsections (a), (b), and (c), Section 382.056,
8-59 Health and Safety Code, are amended to read as follows:
8-60 (a) An applicant for a permit under Section 382.0518 or
8-61 382.054 or a permit renewal review under Section 382.055 shall
8-62 publish notice of intent to obtain the permit or permit review.
8-63 The board by rule may require an applicant for a federal operating
8-64 permit to publish notice of intent to obtain a permit or permit
8-65 review consistent with federal requirements and with the
8-66 requirements of this section. The applicant shall publish the
8-67 notice at least once in a newspaper of general circulation in the
8-68 municipality in which the facility or federal source is located or
8-69 is proposed to be located or in the municipality nearest to the
8-70 location or proposed location of the facility or federal source.
9-1 The board by rule shall prescribe when notice must be published and
9-2 may require publication of additional notice.
9-3 (b) The notice must include:
9-4 (1) a description of the location or proposed location
9-5 of the facility or federal source;
9-6 (2) a statement that a person who may be affected by
9-7 emissions of air contaminants from the facility, <or> proposed
9-8 facility, or federal source is entitled to request a hearing from
9-9 the board;
9-10 (3) a description of the manner in which the board may
9-11 be contacted for further information; and
9-12 (4) any other information the board by rule requires.
9-13 (c) At the site of a facility, <or> proposed facility, or
9-14 federal source for which an applicant is required to publish notice
9-15 under this section <for which a permit application or permit review
9-16 application is submitted>, the applicant shall place a sign
9-17 declaring the filing of an application for a permit or permit
9-18 review for a facility at the site and stating the manner in which
9-19 the board may be contacted for further information. The board
9-20 shall adopt any rule necessary to carry out this subsection.
9-21 SECTION 15. Section 382.0561, Health and Safety Code, is
9-22 amended to read as follows:
9-23 Sec. 382.0561. Federal Operating Permit: Hearing.
9-24 (a) Public <The following public> hearings on applications for
9-25 issuance, revision, reopening, or renewal of a federal operating
9-26 permit shall be conducted under this section only and not under the
9-27 Administrative Procedure and Texas Register Act (Article 6252-13a,
9-28 Vernon's Texas Civil Statutes)<:>
9-29 <(1) a public hearing on a permit application for a
9-30 federal operating permit under Sections 382.054-382.0542 that is
9-31 not subject to Section 382.0518; or>
9-32 <(2) a public hearing on an application for renewal of
9-33 a federal operating permit under Section 382.055>.
9-34 (b) On determination that an application for a federal
9-35 operating permit under Sections 382.054-382.0542 or a renewal of a
9-36 federal operating permit under Section 382.0543 <382.055> is
9-37 administratively complete and before the beginning of the public
9-38 comment period, the board or its designee shall prepare a draft
9-39 permit.
9-40 (c) The board or its designee shall hold a public hearing on
9-41 a federal operating permit, a reopening of a federal operating
9-42 permit, or renewal application before granting the permit or
9-43 renewal if within the public comment period a person who may be
9-44 affected by the emissions or a member of the legislature from the
9-45 general area in which the facility is located requests a hearing.
9-46 The board or its designee is not required to hold a hearing if the
9-47 basis of the request by a person who may be affected is determined
9-48 to be unreasonable.
9-49 (d) The following shall be available for public inspection
9-50 in at least one location in the general area where the facility is
9-51 located:
9-52 (1) information submitted by the application, subject
9-53 to applicable confidentiality laws;
9-54 (2) the executive director's analysis of the proposed
9-55 action; and
9-56 (3) a copy of the draft permit.
9-57 (e) The board or its designee shall hold a public comment
9-58 period on a federal operating permit application, a federal
9-59 operating permit reopening application, or a federal operating
9-60 permit renewal application under Sections 382.054-382.0542 or
9-61 382.0543 <382.055>. Any person may submit a written statement to
9-62 the board during the public comment period. The board or its
9-63 designee <executive director> shall receive public comment for 30
9-64 days after the date on which notice of the public comment period is
9-65 published. The board or its designee <executive director> may
9-66 extend or reopen the comment period if the director finds an
9-67 extension or reopening to be appropriate.
9-68 (f) Notice of the public comment period and opportunity for
9-69 a hearing under this section shall be published in accordance with
9-70 Section 382.056.
10-1 (g) Any person may submit an oral or written statement
10-2 concerning the application at the hearing. The individual holding
10-3 the hearing may set reasonable limits on the time allowed for oral
10-4 statements at the hearing. The public comment period extends to
10-5 the close of the hearing and may be further extended or reopened if
10-6 the board or its designee <executive director> finds an extension
10-7 or reopening to be appropriate.
10-8 (h) Any person, including the applicant, who believes that
10-9 any condition of the draft permit is inappropriate or that the
10-10 <executive director's> preliminary decision of the board or its
10-11 designee to issue or deny a permit is inappropriate must raise all
10-12 reasonably ascertainable issues and submit all reasonably available
10-13 arguments supporting that position by the end of the public
10-14 comment period.
10-15 (i) The board or its designee <executive director> shall
10-16 consider all comments received during the public comment period and
10-17 at the public hearing in determining whether to issue the permit
10-18 and what conditions should be included if a permit is issued.
10-19 SECTION 16. Section 382.0562, Health and Safety Code, is
10-20 amended to read as follows:
10-21 Sec. 382.0562. Notice of Decision. (a) The board or its
10-22 designee <executive director> shall send notice of a proposed final
10-23 action <decision> on a federal operating permit by first-class mail
10-24 to the applicant and all persons who comment during the public
10-25 comment period or at the public hearing. The notice shall include
10-26 a response to any comment submitted during the public comment
10-27 period and shall identify any change in the conditions of the draft
10-28 permit and the reasons for the change.
10-29 (b) The notice required by Subsection (a) shall:
10-30 (1) state that any person affected by the decision of
10-31 the board or its designee <executive director> may petition the
10-32 administrator in accordance with Section 382.0563 and rules adopted
10-33 under that section <appeal the decision to the board not later than
10-34 the 30th day after the date on which notice was mailed>;
10-35 (2) state the date by which the petition <an appeal>
10-36 must be filed; and
10-37 (3) explain the petition <appeal> process <and explain
10-38 that an appeal is a contested case hearing before the board; and>
10-39 <(4) state that a letter to the board stating that the
10-40 person is appealing the decision constitutes an appeal of the
10-41 decision>.
10-42 SECTION 17. Section 382.0563, Health and Safety Code, is
10-43 amended to read as follows:
10-44 Sec. 382.0563. PUBLIC PETITION TO THE ADMINISTRATOR <APPEAL
10-45 TO BOARD>. (a) The board by rule may provide for public petitions
10-46 to the administrator in accordance with Section 505 of the federal
10-47 Clean Air Act (42 U.S.C. Section 7661d). <Any person, including
10-48 the applicant, affected by a decision of the executive director
10-49 under Section 382.0561 may appeal the decision to the board not
10-50 later than the 30th day after the date on which notice was mailed.
10-51 The issues on appeal must be identified with specificity in the
10-52 request for a contested case hearing.>
10-53 (b) The petition for review to the administrator under this
10-54 section does not affect:
10-55 (1) a permit issued by the board or its designee; or
10-56 (2) the finality of the board's or its designee's
10-57 action for purposes of an appeal under Section 382.032. <An appeal
10-58 under this section is a contested case hearing under the
10-59 Administrative Procedure and Texas Register Act (Article 6252-13a,
10-60 Vernon's Texas Civil Statutes).>
10-61 (c) The board or its designee shall resolve any objection
10-62 that the United States Environmental Protection Agency makes and
10-63 terminate, modify, or revoke and reissue the permit in accordance
10-64 with the objection not later than the 90th day after the date the
10-65 board receives the objection. <The filing of an appeal to the
10-66 board under this section does not affect a permit issued by the
10-67 executive director. A final order by the board reversing or
10-68 modifying the executive director's decision takes effect when it
10-69 becomes final and appealable.>
10-70 SECTION 18. Section 382.0564, Health and Safety Code, is
11-1 amended to read as follows:
11-2 Sec. 382.0564. Notification to Other Governmental Entities.
11-3 The board by rule may <shall> allow for notification of and review
11-4 by the administrator and affected states of permit applications,
11-5 revisions, renewals, or draft permits <any permit application or
11-6 draft permit> prepared under Sections 382.054-382.0543 <382.0542 if
11-7 notification and review is requested>.
11-8 SECTION 19. Section 382.057, Health and Safety Code, is
11-9 amended to read as follows:
11-10 Sec. 382.057. EXEMPTION. (a) Consistent with Section
11-11 382.0511, the board by rule may exempt from the requirements of
11-12 Section 382.0518 <and Sections 382.054-382.0542> changes within a
11-13 permitted facility and certain types of facilities if it is found
11-14 on investigation that such changes or types of facilities will not
11-15 make a significant contribution of air contaminants to the
11-16 atmosphere<, except as prohibited by the federal Clean Air Act
11-17 Amendments of 1990 (Pub. L. No. 101-549)>. The board by rule shall
11-18 exempt from the requirements of Section 382.0518 or issue a general
11-19 permit for the installation of emission control equipment that
11-20 constitutes a modification or a new facility, subject to such
11-21 conditions restricting the applicability of such exemption or
11-22 general permit that the board deems necessary to accomplish the
11-23 intent of this chapter. The board may not exempt any <source or>
11-24 facility or any modification of an existing facility defined as
11-25 "major" under the federal Clean Air Act (42 U.S.C. Section 7401 et
11-26 seq.) <Amendments of 1990 (Pub. L. No. 101-549)> or regulations
11-27 adopted under that Act. Nothing in this subsection shall be
11-28 construed to limit the board's general power to control the state's
11-29 air quality under Section 382.011(a).
11-30 (b) The board shall adopt rules specifically defining the
11-31 terms and conditions for an exemption under this section in a
11-32 nonattainment area as defined by Title I of the federal Clean Air
11-33 Act (42 U.S.C. Section 7401 et seq.).
11-34 SECTION 20. Section 382.059, Health and Safety Code, is
11-35 amended to read as follows:
11-36 Sec. 382.059. REVOCATION OF PERMIT OR EXEMPTION. (a) The
11-37 board may revoke and reissue, terminate, or modify a federal
11-38 operating permit, preconstruction permit, or exemption issued under
11-39 this chapter if the board determines that:
11-40 (1) any of the terms of the federal operating permit,
11-41 preconstruction permit, or exemption are being violated; <or>
11-42 (2) emissions from the proposed facility will
11-43 contravene air pollution control standards set by the board or will
11-44 contravene the intent of this chapter; or
11-45 (3) the federal operating permit contains a material
11-46 mistake or that inaccurate statements were made in establishing the
11-47 emissions standards or other terms or conditions of the federal
11-48 operating permit.
11-49 (b) The board may:
11-50 (1) begin proceedings to revoke and reissue,
11-51 terminate, or modify a permit if a violation at a facility is
11-52 continued after 180 days following the date on which the notice of
11-53 violation is provided under Section 382.082; and
11-54 (2) consider good faith efforts to correct the
11-55 violation in deciding whether to revoke and reissue, terminate, or
11-56 modify a federal operating permit, preconstruction permit, or
11-57 exemption.
11-58 (c) Subsection (b)(1) does not affect the board's authority
11-59 to bring suit for injunctive relief under Section 382.084.
11-60 SECTION 21. Section 382.0591, Health and Safety Code, is
11-61 amended to read as follows:
11-62 Sec. 382.0591. Denial of Application for Permit; Assistance
11-63 Provided by <Certain> Former or Current Employees. (a) The board
11-64 shall deny an application for the issuance, amendment, renewal, or
11-65 transfer of a permit and may not issue, amend, renew, or transfer
11-66 the permit if the board determines that <a former employee>:
11-67 (1) a former employee participated personally and
11-68 substantially as an employee in the board's review, evaluation, or
11-69 processing of the application before leaving employment with the
11-70 board; and
12-1 (2) after leaving employment with the board, that
12-2 former employee provided assistance to the applicant for the
12-3 issuance, amendment, renewal, or transfer of the permit, including
12-4 assistance with preparation or presentation of the application or
12-5 legal representation of the applicant.
12-6 (b) The board or the executive director may not issue a
12-7 federal operating permit for a solid waste incineration unit if a
12-8 member of the board or the executive director is also responsible
12-9 in whole or in part for the design and construction or the
12-10 operation of the unit.
12-11 (c) The board shall provide an opportunity for a hearing to
12-12 an applicant before denying an application under this section.
12-13 (d) <(c)> Action taken under this section does not prejudice
12-14 any application other than an application in which the former
12-15 employee provided assistance.
12-16 (e) <(d)> In this section, "former employee" means a person:
12-17 (1) who was previously employed by the board as a
12-18 supervisory or exempt employee; and
12-19 (2) whose duties during employment with the board
12-20 included involvement in or supervision of the board's review,
12-21 evaluation, or processing of applications.
12-22 SECTION 22. Section 382.061, Health and Safety Code, is
12-23 amended to read as follows:
12-24 Sec. 382.061. Delegation of Powers and Duties. (a) The
12-25 board may delegate to the executive director the powers and duties
12-26 under Sections 382.051-382.0563 <382.055, 382.057,> and 382.059,
12-27 except for the adoption of rules.
12-28 (b) An applicant or a person affected by a decision of the
12-29 executive director may appeal to the board any decision made by the
12-30 executive director, with the exception of a decision regarding a
12-31 federal operating permit, under Sections 382.051-382.055 and
12-32 382.059 <those sections>.
12-33 (c) Any person, including the applicant, affected by a
12-34 decision of the executive director regarding federal operating
12-35 permits may:
12-36 (1) petition the administrator in accordance with
12-37 rules adopted under Section 382.0563; or
12-38 (2) file a petition for judicial review under Section
12-39 382.032.
12-40 SECTION 23. Section 382.062, Health and Safety Code, is
12-41 amended to read as follows:
12-42 Sec. 382.062. Application, Permit, and Inspection Fees.
12-43 (a) The board shall adopt, charge, and collect a fee for:
12-44 (1) each application for:
12-45 (A) a permit or permit amendment, revision, or
12-46 modification not subject to Title IV or V of the federal Clean Air
12-47 Act (42 U.S.C. Sections 7651 et seq. and 7661 et seq.) <Amendments
12-48 of 1990 (Pub. L. No. 101-549)>;
12-49 (B) a renewal review of a permit issued under
12-50 Section 382.0518 not subject to Title IV or V of the federal Clean
12-51 Air Act <Amendments of 1990 (Pub. L. No. 101-549)>;
12-52 (2) inspections of a federal <facility or> source
12-53 performed to enforce this chapter or rules adopted by the board
12-54 under this chapter until the federal <facility or> source is
12-55 required to obtain an <a Title IV or V> operating permit under
12-56 Section 382.054 <the federal Clean Air Act Amendments of 1990 (Pub.
12-57 L. No. 101-549)>; and
12-58 (3) inspections performed to enforce this chapter or
12-59 rules adopted by the board under this chapter at a facility <or
12-60 source> not required to obtain an <a Title IV or V> operating
12-61 permit under Section 382.054 <the federal Clean Air Act Amendments
12-62 of 1990 (Pub. L. No. 101-549)>.
12-63 (b) The board may adopt rules relating to charging and
12-64 collecting a fee for an exemption from a permit or for a standard
12-65 permit authorized by board rule and for a variance.
12-66 (c) For purposes of the fees, the board shall treat two or
12-67 more facilities that compose an integrated system or process as a
12-68 single facility if a structure, device, item of equipment, or
12-69 enclosure that constitutes or contains a given stationary source
12-70 operates in conjunction with and is functionally integrated with
13-1 one or more other similar structures, devices, items of equipment,
13-2 or enclosures.
13-3 (d) A fee assessed under this section may not be less than
13-4 $25 or more than $75,000.
13-5 (e) The board by rule shall establish the fees to be
13-6 collected under Subsection (a) in amounts sufficient to recover:
13-7 (1) the reasonable costs to review and act on a
13-8 variance application and enforce the terms and conditions of the
13-9 variance; and
13-10 (2) not less than 50 percent of the board's actual
13-11 annual expenditures to:
13-12 (A) review and act on permits or special
13-13 permits;
13-14 (B) amend and review permits;
13-15 (C) inspect permitted, exempted, and specially
13-16 permitted facilities; and
13-17 (D) enforce the rules and orders adopted and
13-18 permits, special permits, and exemptions issued under this chapter,
13-19 excluding rules and orders adopted and permits required under Title
13-20 IV or V of the federal Clean Air Act (42 U.S.C. Sections 7651 et
13-21 seq. and 7661 et seq.) <Amendments of 1990 (Pub. L. No. 101-549)>.
13-22 SECTION 24. Subsections (b), (c), and (d), Section 382.0622,
13-23 Health and Safety Code, are amended to read as follows:
13-24 (b) Clean Air Act fees shall be deposited in the state
13-25 treasury to the credit of the clean air fund and shall be used to
13-26 safeguard the air resources of the state. <All unexpended and
13-27 unobligated money remaining in the fund on the last day of each
13-28 fiscal biennium shall be transferred to the credit of the general
13-29 revenue fund.>
13-30 (c) The board shall request the appropriation of sufficient
13-31 money to safeguard the air resources of the state, including
13-32 payments to the Public Safety Commission for incidental costs of
13-33 administering the vehicle emissions inspection and maintenance
13-34 program, except that after the date of delegation of the state's
13-35 permitting program under Title V of the federal Clean Air Act (42
13-36 U.S.C. Sections 7661 et seq.) <Amendments of 1990 (Pub. L. No.
13-37 101-549)>, fees collected under Section 382.0621(a) may be
13-38 appropriated only to cover costs of developing and administering
13-39 the federal permit program under Titles IV and V of the federal
13-40 Clean Air Act (42 U.S.C. Sections 7651 et seq. and 7661 et seq.)
13-41 <Amendments of 1990 (Pub. L. No. 101-549)>.
13-42 (d)(1) Through the option of contracting for air pollution
13-43 control services, including but not limited to compliance and
13-44 permit inspections and complaint response, the board may utilize
13-45 appropriated money to purchase services from units of local
13-46 government meeting each of the following criteria:
13-47 (A) the unit of local government received
13-48 federal fiscal year 1990 funds from the United States Environmental
13-49 Protection Agency pursuant to Section 105 of the federal Clean Air
13-50 Act (42 U.S.C. Section 7405) for the operation of an air pollution
13-51 program by formal agreement;
13-52 (B) the local unit of government is in a
13-53 federally designated nonattainment area subject to implementation
13-54 plan requirements, including automobile emission inspection and
13-55 maintenance programs, under Title I of the federal Clean Air Act
13-56 (42 U.S.C. Sections 7401-7515) <Amendments of 1990 (Pub. L. No.
13-57 101-549)>; and
13-58 (C) the local unit of government has not caused
13-59 the United States Environmental Protection Agency to provide
13-60 written notification that a deficiency in the quality or quantity
13-61 of services provided by its air pollution program is jeopardizing
13-62 compliance with a state implementation plan, a federal program
13-63 delegation agreement, or any other federal requirement for which
13-64 federal sanctions can be imposed.
13-65 (2) The board may request appropriations of sufficient
13-66 money to contract for services of local units of government meeting
13-67 the eligibility criteria of this subsection to ensure that the
13-68 combination of federal and state funds annually available for an
13-69 air pollution program is equal to or greater than the program costs
13-70 for the operation of an air quality program by the local unit of
14-1 government. The board is encouraged to fund an air pollution
14-2 program operated by a local unit of government meeting the
14-3 eligibility criteria of this subsection in a manner the board deems
14-4 an effective means of addressing federal and state requirements.
14-5 The services to be provided by an eligible local unit of government
14-6 under a contractual arrangement under this subsection shall be at
14-7 least equal in quality and quantity to the services the local unit
14-8 of government committed to provide in agreements under which it
14-9 received its federal 1990 air pollution grant. The board and the
14-10 local units of government meeting the eligibility criteria of this
14-11 subsection may agree to more extensive contractual arrangements.
14-12 (3) Nothing in this subsection shall prohibit a local
14-13 unit of government from voluntarily discontinuing an air pollution
14-14 program and thereby relinquishing this responsibility to the state.
14-15 SECTION 25. Chapter 382, Health and Safety Code, is amended
14-16 by adding Section 382.064 to read as follows:
14-17 Sec. 382.064. INITIAL APPLICATION DATE. An application for
14-18 a federal operating permit is not required to be submitted to the
14-19 board before the approval of the Title V permitting program by the
14-20 United States Environmental Protection Agency.
14-21 SECTION 26. Subsection (c), Section 382.084, Health and
14-22 Safety Code, is amended to read as follows:
14-23 (c) The board or the executive director may seek an
14-24 injunction or cause a suit for injunctive relief to be instituted
14-25 to stop:
14-26 (1) work on a facility that is:
14-27 (A) being done without a construction permit,
14-28 special permit, or exemption required under this chapter; or
14-29 (B) in violation of the terms of a permit,
14-30 special permit, or exemption issued under this chapter; and
14-31 (2) the operation of a facility that:
14-32 (A) is operating without a federal <an>
14-33 operating permit required under this chapter; or
14-34 (B) is operating in violation of the terms of a
14-35 federal <an> operating permit issued under this chapter.
14-36 SECTION 27. Notwithstanding Section 2.35, Chapter 3, Acts of
14-37 the 72nd Legislature, 1st Called Session, 1991, Sections 382.0541,
14-38 382.0542, and 382.0561 through 382.0563, Health and Safety Code,
14-39 and the federal operating permit requirement described by Section
14-40 382.054, Health and Safety Code, take effect on the effective date
14-41 of this Act.
14-42 SECTION 28. (a) Except as provided by Subsection (b) of
14-43 this section, this Act takes effect immediately.
14-44 (b) Section 24 of this Act takes effect September 1, 1993.
14-45 SECTION 29. The importance of this legislation and the
14-46 crowded condition of the calendars in both houses create an
14-47 emergency and an imperative public necessity that the
14-48 constitutional rule requiring bills to be read on three several
14-49 days in each house be suspended, and this rule is hereby suspended,
14-50 and that this Act take effect and be in force according to its
14-51 terms, and it is so enacted.
14-52 * * * * *
14-53 Austin,
14-54 Texas
14-55 May 7, 1993
14-56 Hon. Bob Bullock
14-57 President of the Senate
14-58 Sir:
14-59 We, your Committee on Natural Resources to which was referred S.B.
14-60 No. 1220, have had the same under consideration, and I am
14-61 instructed to report it back to the Senate with the recommendation
14-62 that it do not pass, but that the Committee Substitute adopted in
14-63 lieu thereof do pass and be printed.
14-64 Sims,
14-65 Chairman
14-66 * * * * *
14-67 WITNESSES
14-68 No witnesses appeared on S.B. No. 1220.