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2-8 repealed.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.