By West S.B. No. 1456
76R6797 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to permits under the Texas Clean Air Act for certain
1-3 exempt facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 382.0518, Health and Safety Code, is
1-6 amended by amending Subsection (g), adding a new Subsection (h),
1-7 and relettering existing Subsection (h) as Subsection (i) to read
1-8 as follows:
1-9 (g) Subsections (a)-(d) do not apply to a person who has
1-10 executed a contract or has begun construction for an addition,
1-11 alteration, or modification to a new or an existing facility on or
1-12 before August 30, 1971, and who has complied with the requirements
1-13 of Section 382.060, as it existed on November 30, 1991. To qualify
1-14 for any exemption under this subsection, a contract may not have a
1-15 beginning construction date later than February 29, 1972.
1-16 Beginning January 1, 2003, this subsection does not apply to a
1-17 facility located within two miles of a school.
1-18 (h) An exemption provided by Subsection (g) terminates
1-19 January 1, 2003, for a facility operating under the exemption that
1-20 is located within two miles of a school. The commission by rule
1-21 shall require the owners of each facility operating under the
1-22 exemption and located within two miles of a school to provide the
1-23 commission with a plan to reduce the emissions of air contaminants
1-24 from the facility by incorporating the best available control
2-1 technology into the facility. The commission shall adopt the rules
2-2 not later than January 1, 2000. The plan must provide for
2-3 incorporation of the emissions control technology into the facility
2-4 not later than January 1, 2003. The owners shall deliver the plan
2-5 not later than January 1, 2001. The commission shall establish
2-6 criteria for evaluating the plans and may reject a plan that does
2-7 not conform to the criteria. The owners of a facility for which a
2-8 plan is rejected shall revise the plan to conform to the criteria
2-9 and deliver the revisions to the commission not later than the
2-10 120th day after the date the plan is rejected. The commission may
2-11 impose, as provided by Subchapter C, Chapter 7, Water Code, an
2-12 administrative penalty on an owner who fails to deliver a plan or
2-13 revision as provided by this subsection in an amount not to exceed
2-14 $2,500 for each day. The commission by rule shall require each
2-15 facility located within two miles of a school that is operating
2-16 under the exemption under Subsection (g) to cease, not later than
2-17 January 1, 2003, all emissions of air contaminants except as
2-18 authorized by a permit the commission has issued for the facility
2-19 under this chapter. This subsection expires January 1, 2003.
2-20 (i) [(h)] A reference to a permit in this section includes
2-21 an amendment to a permit.
2-22 SECTION 2. 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 and that this Act take effect and be in force from and after its
3-1 passage, and it is so enacted.