76R12786 MXM-F
By Kuempel H.B. No. 3678
Substitute the following for H.B. No. 3678:
By Culberson C.S.H.B. No. 3678
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of certain permits for the emission of air
1-3 contaminants.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 382.0518(c) and (f), Health and Safety
1-6 Code, are amended to read as follows:
1-7 (c) In considering the issuance[, amendment,] or renewal of
1-8 a permit, the commission may consider any adjudicated decision or
1-9 compliance proceeding within the five years before the date on
1-10 which the application was filed that addressed the applicant's past
1-11 performance and compliance with the laws of this state, another
1-12 state, or the United States governing air contaminants or with the
1-13 terms of any permit or order issued by the commission.
1-14 (f) A person may operate a facility or source under a permit
1-15 issued by the commission under this section or a permit amendment
1-16 issued under Section 382.0519 if:
1-17 (1) the facility or source is not required to obtain a
1-18 federal operating permit under Section 382.054; and
1-19 (2) within the time and in the manner prescribed by
1-20 commission rule, the permit holder demonstrates that:
1-21 (A) the facility complies with all terms of the
1-22 existing preconstruction permit; and
1-23 (B) operation of the facility or source will not
1-24 violate the intent of this chapter or standards adopted by the
2-1 commission.
2-2 SECTION 2. Subchapter C, Chapter 382, Health and Safety
2-3 Code, is amended by adding Section 382.0519 to read as follows:
2-4 Sec. 382.0519. PERMIT AMENDMENTS. (a) Before work is begun
2-5 on the modification of a facility issued a permit under Section
2-6 382.0518 or the construction of a facility at a site with at least
2-7 one facility issued a permit under Section 382.0518, the person
2-8 planning the modification or construction must obtain from the
2-9 commission:
2-10 (1) a permit;
2-11 (2) a permit amendment issued under this section; or
2-12 (3) an exemption adopted under Section 382.057.
2-13 (b) An applicant for a permit amendment shall provide notice
2-14 of the application under Section 382.056. This subsection does not
2-15 apply to an application if the emissions authorized by the permit
2-16 amendment will decrease and not change in character.
2-17 (c) Within a reasonable time after the commission receives
2-18 an application for a permit amendment to authorize a modification
2-19 of or the construction of a facility, the commission shall issue
2-20 the permit amendment if, from the information available to the
2-21 commission, the commission finds:
2-22 (1) each facility authorized by the amendment will use
2-23 at least the best available control technology, considering the
2-24 technical practicability and economic reasonableness of reducing or
2-25 eliminating the emissions resulting from the facility; and
2-26 (2) no indication that the emissions from the facility
2-27 will contravene the intent of this chapter, including protection of
3-1 the public's health and physical property.
3-2 (d) In considering the permit amendment the commission shall
3-3 consider any adjudicated decision or compliance proceeding within
3-4 the five years before the date on which the application was filed
3-5 that addressed the applicant's past performance and compliance with
3-6 the laws of this state, another state, or the United States
3-7 governing air contaminants or with the terms of any permit or order
3-8 issued by the commission.
3-9 SECTION 3. Section 382.0518(h) is repealed.
3-10 SECTION 4. This Act takes effect September 1, 1999.
3-11 SECTION 5. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.