By: Nixon, Sims S.B. No. 1125
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the renewal, amendment, or modification of certain
1-2 emissions permits.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (e), Section 382.055, Health and
1-5 Safety Code, is amended to read as follows:
1-6 (e) The commission <board> shall impose as a condition for
1-7 renewal of a preconstruction permit only those requirements the
1-8 commission determines <determined> to be economically reasonable
1-9 and technically practicable considering the age of the facility and
1-10 the effect of its emissions on the surrounding area. The
1-11 commission may not impose requirements more stringent than those of
1-12 the existing permit unless the commission determines that the
1-13 requirements are necessary to avoid a condition of air pollution or
1-14 to ensure compliance with otherwise applicable federal or state air
1-15 quality control requirements. The commission <board> may not
1-16 impose requirements less stringent than those of the existing
1-17 permit unless the commission <board> determines that a proposed
1-18 change will meet the requirements of Sections <Section> 382.0518
1-19 and 382.0541.
1-20 SECTION 2. Section 382.056, Health and Safety Code, is
1-21 amended by amending Subsection (d) and by adding Subsection (e) to
1-22 read as follows:
1-23 (d) Except as provided by Section 382.0561 or Subsection
1-24 (e), the commission <board> or its delegate shall hold a public
2-1 hearing on the permit application or permit renewal <review>
2-2 application before granting the permit or renewal if a person who
2-3 may be affected by the emissions, or a member of the legislature
2-4 from the general area in which the facility or proposed facility is
2-5 located, requests a hearing within the period set by commission
2-6 <board> rule. The commission shall not <board is not required to>
2-7 hold a hearing if the basis of a request by a person who may be
2-8 affected is determined to be unreasonable. Reasons for which a
2-9 request for a hearing on a permit amendment, modification, or
2-10 renewal shall be considered to be unreasonable include, but are not
2-11 limited to, an amendment, modification, or renewal that would not
2-12 result in an increase in allowable emissions and would not result
2-13 in the emission of an air contaminant not previously emitted.
2-14 (e) Notwithstanding other provisions of this chapter, the
2-15 commission shall hold a hearing on a permit amendment,
2-16 modification, or renewal if the application involves a facility for
2-17 which there are significant and unresolved compliance issues. In
2-18 such cases, the scope of the hearing shall be limited to the
2-19 factual and legal matters which pertain to the unresolved
2-20 compliance issues.
2-21 SECTION 3. This Act takes effect September 1, 1995.
2-22 SECTION 4. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.
2-27 COMMITTEE AMENDMENT NO. 1
3-1 Amend S.B. 1125 as follows:
3-2 (1) In SECTION 2 of the bill, in Section 382.0561, strike
3-3 proposed subsection (e), Health and Safety Code, (page 2, line 15)
3-4 and substitute new subsection (e) to read as follows:
3-5 (e) Notwithstanding other provision of this chapter, the
3-6 commission may hold a hearing on a permit amendment, modification,
3-7 or renewal if the board determines that the application involves a
3-8 facility for which the applicant's compliance history contains
3-9 violations which are unresolved, and which constitute a recurring
3-10 pattern of egregious conduct which demonstrates a consistent
3-11 disregard for the regulatory process, including the failure to make
3-12 a timely and substantial attempt to correct the violations.
3-13 (2) Strike SECTION 3 and SECTION 4 of the bill (page 2, line
3-14 22), and substitute new SECTION 3 to read as follows:
3-15 SECTION 3. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended,
3-20 and that this Act take effect and be in force from and after its
3-21 passage, and it is so enacted.
3-22 Howard