By Bivins                                             S.B. No. 1845
         76R8785 JJT-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to amendments of permits for facilities that emit air
 1-3     contaminants.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 382.0518(a), (c), and (f), Health and
 1-6     Safety Code, are amended to read as follows:
 1-7           (a)  Before work is begun on the construction of a new
 1-8     facility or a modification of an existing facility that may emit
 1-9     air contaminants, the person planning the construction or
1-10     modification must obtain a permit or a permit amendment from the
1-11     commission.
1-12           (c)  In considering the issuance[, amendment,] or renewal of
1-13     a permit, the commission may consider any adjudicated decision or
1-14     compliance proceeding within the five years before the date on
1-15     which the application was filed that addressed the applicant's past
1-16     performance and compliance with the laws of this state, another
1-17     state, or the United States governing air contaminants or with the
1-18     terms of any permit or order issued by the commission.
1-19           (f)  A person may operate a facility or source under a permit
1-20     issued by the commission under this section or a permit amendment
1-21     issued by the commission under Section 382.0519 if:
1-22                 (1)  the facility or source is not required to obtain a
1-23     federal operating permit under Section 382.054; and
1-24                 (2)  within the time and in the manner prescribed by
 2-1     commission rule, the permit holder demonstrates that:
 2-2                       (A)  the facility complies with all terms of the
 2-3     existing preconstruction permit and any permit amendment; and
 2-4                       (B)  operation of the facility or source will not
 2-5     violate the intent of this chapter or standards adopted by the
 2-6     commission.
 2-7           SECTION 2.  Section 382.0518(h), Health and Safety Code, is
 2-8     repealed.
 2-9           SECTION 3.  Subchapter C, Chapter 382, Health and Safety
2-10     Code, is amended by adding Section 382.0519 to read as follows:
2-11           Sec. 382.0519.  PERMIT AMENDMENTS.  (a)  Before work is begun
2-12     on a modification of a permitted facility or on the construction of
2-13     a facility at a site where one or more permitted facilities are
2-14     located, the person planning the modification or construction must
2-15     obtain from the commission a permit or a permit amendment under
2-16     this subchapter.
2-17           (b)  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 or reconstruction of a facility, the
2-20     commission shall issue the permit amendment if, from information
2-21     available to the commission, the commission finds:
2-22                 (1)  each facility authorized by the amended permit
2-23     will use at least the best available control technology,
2-24     considering the technical practicability and economic
2-25     reasonableness of reducing or eliminating the emissions resulting
2-26     from the facility;
2-27                 (2)  no indication that the emissions from the facility
 3-1     will contravene the intent of this chapter, including protection of
 3-2     the public's health and physical property; and
 3-3                 (3)  the amended permit will not allow an increase in
 3-4     emissions.
 3-5           (c)  In considering an application for a permit amendment,
 3-6     the commission shall consider any adjudicated decision or
 3-7     compliance proceeding within the five years before the date on
 3-8     which the application was filed that addressed the applicant's past
 3-9     performance and compliance with the laws of this state, another
3-10     state, or the United States governing air contaminants or with the
3-11     terms of any permit or order issued by the commission.
3-12           SECTION 4.  (a)  The changes in law made by this Act apply
3-13     only to an application for an amendment to a permit issued by the
3-14     Texas Natural Resource Conservation Commission for a facility that
3-15     may emit air contaminants that is filed with the commission on or
3-16     after September 1, 1999.
3-17           (b)  An application for an amendment to a permit issued by
3-18     the Texas Natural Resource Conservation Commission for a facility
3-19     that may emit air contaminants that is filed with the commission
3-20     before September 1, 1999, is governed by the law as it existed
3-21     immediately before this Act takes effect and the former law is
3-22     continued in effect for that purpose.
3-23           SECTION 5.  This Act takes effect September 1, 1999.
3-24           SECTION 6.  The importance of this legislation and the
3-25     crowded condition of the calendars in both houses create an
3-26     emergency and an imperative public necessity that the
3-27     constitutional rule requiring bills to be read on three several
 4-1     days in each house be suspended, and this rule is hereby suspended.