By Holzheauser H.B. No. 2877
74R5962 JJT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to hearings on the renewal, amendment, or modification of
1-3 certain emissions permits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 382.055(e), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (e) The board shall impose as a condition for renewal of a
1-8 preconstruction permit only those requirements the board determines
1-9 <determined> to be necessary to avoid a condition of air pollution
1-10 or to ensure compliance with otherwise applicable federal or state
1-11 air quality control requirements. The requirements imposed must be
1-12 economically reasonable and technically practicable considering the
1-13 age of the facility and the effect of its emissions on the
1-14 surrounding area. The board may not impose requirements less
1-15 stringent than those of the existing permit unless the board
1-16 determines that a proposed change will meet the requirements of
1-17 Sections <Section> 382.0518 and 382.0541.
1-18 SECTION 2. Section 382.056(d), Health and Safety Code, is
1-19 amended to read as follows:
1-20 (d) Except as provided by Section 382.0561, the board or its
1-21 delegate shall hold a public hearing on the permit application or
1-22 permit review application before granting the permit or renewal if
1-23 a person who may be affected by the emissions, or a member of the
1-24 legislature from the general area in which the facility or proposed
2-1 facility is located, requests a hearing within the period set by
2-2 board rule. The board may <is> not <required to> hold a hearing if
2-3 the basis of a request by a person who may be affected is
2-4 determined to be unreasonable. A request for a hearing on a permit
2-5 amendment, modification, or renewal is unreasonable if the
2-6 amendment, modification, or renewal would not result in:
2-7 (1) an increase in allowable emissions; or
2-8 (2) the emission of an air pollutant not previously
2-9 emitted.
2-10 SECTION 3. This Act takes effect September 1, 1995.
2-11 SECTION 4. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.