By West H.B. No. 128
77R1016 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the protection of air-quality-related values of certain
1-3 federal lands.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 382, Health and Safety Code,
1-6 is amended by adding Section 382.0565 to read as follows:
1-7 Sec. 382.0565. PROTECTION OF AIR-QUALITY-RELATED VALUES. (a)
1-8 In this section:
1-9 (1) "Air-quality-related value" means a feature or
1-10 property, including flora, fauna, a geologic feature, or a cultural
1-11 resource, of an area that may be affected by air pollution.
1-12 (2) "Class I area" means an area of land designated as
1-13 class I under Section 162, federal Clean Air Act (42 U.S.C. Section
1-14 7472), and its subsequent amendments, or redesignated as class I
1-15 under Section 164, federal Clean Air Act (42 U.S.C. Section 7474),
1-16 and its subsequent amendments.
1-17 (3) "Criteria air pollutant" means an air pollutant
1-18 for which the administrator has issued air quality criteria under
1-19 Section 108(a)(2), federal Clean Air Act (42 U.S.C. Section 7408),
1-20 and its subsequent amendments.
1-21 (4) "Federal land manager" has the meaning assigned by
1-22 Section 302, federal Clean Air Act (42 U.S.C. Section 7602), and
1-23 its subsequent amendments.
1-24 (5) "Major emitting facility" has the meaning assigned
2-1 by Section 169, federal Clean Air Act (42 U.S.C. Section 7479), and
2-2 its subsequent amendments.
2-3 (6) "Scientifically reliable evidence" means evidence
2-4 that:
2-5 (A) is shown by a methodology that is generally
2-6 accepted within the relevant scientific community;
2-7 (B) has been subjected to peer review and
2-8 publication;
2-9 (C) is capable of being and has been tested;
2-10 (D) is subject to established control standards
2-11 of performance; and
2-12 (E) has a known or potential rate of error that
2-13 is within a range acceptable to the relevant scientific community.
2-14 (b) The commission shall represent the state for the purpose
2-15 of assessing a demonstration filed by a federal land manager under
2-16 Section 165(d)(2)(C)(ii), federal Clean Air Act (42 U.S.C. Section
2-17 7475), and its subsequent amendments, alleging that the emissions
2-18 from a proposed major emitting facility or a major modification of
2-19 an existing facility will have an adverse impact on the
2-20 air-quality-related values of a class I area.
2-21 (c) The federal land manager must file the demonstration
2-22 with the commission not later than the 30th day after the date the
2-23 administrator provides the federal land manager notice of a permit
2-24 application relating to the proposed major emitting facility or
2-25 major modification.
2-26 (d) The commission may concur in the demonstration only if:
2-27 (1) the area is designated as class I under Section
3-1 162, federal Clean Air Act (42 U.S.C. Section 7472), and its
3-2 subsequent amendments, and the demonstration establishes by a
3-3 preponderance of the evidence that emissions of a specific criteria
3-4 air pollutant from the proposed major emitting facility or major
3-5 modification will result in a significant adverse impact on a
3-6 specific air-quality-related value that was fundamental to the
3-7 purpose for which the area was established and preserved by the
3-8 United States Congress;
3-9 (2) the area is redesignated as class I under Section
3-10 164, federal Clean Air Act (42 U.S.C. Section 7474), and its
3-11 subsequent amendments, and the demonstration establishes by a
3-12 preponderance of the evidence that emissions of a specific criteria
3-13 air pollutant from the proposed major emitting facility or major
3-14 modification will result in a significant adverse impact on a
3-15 specific air-quality-related value that was an important attribute
3-16 in the decision to redesignate the area as class I; or
3-17 (3) the area is a class I area and the demonstration
3-18 establishes by scientifically reliable evidence that concentrations
3-19 of a specific criteria air pollutant that are likely to occur as a
3-20 result of emissions into the ambient air from the proposed major
3-21 emitting facility or major modification will result in a
3-22 significant adverse impact on a specific air-quality-related value
3-23 of the area.
3-24 (e) The commission shall determine whether to concur in the
3-25 demonstration not later than the 30th day after the date of receipt
3-26 of the demonstration. The commission shall notify the federal land
3-27 manager and the owner or operator of the major emitting facility of
4-1 the determination not later than the 10th day after the date the
4-2 determination is made.
4-3 (f) If the commission determines that the proposed major
4-4 emitting facility or major modification will have a significant
4-5 adverse impact on an air-quality-related value of a class I area,
4-6 the commission may not issue a permit relating to the proposed
4-7 major emitting facility or major modification unless the owner or
4-8 operator of the facility demonstrates to the commission that it has
4-9 mitigated that adverse impact by obtaining enforceable and
4-10 permanent emissions reductions to offset the adverse impact. The
4-11 owner or operator has the burden of establishing the sufficiency of
4-12 the mitigation by scientifically reliable evidence.
4-13 SECTION 2. This Act takes effect immediately if it receives a
4-14 vote of two-thirds of all the members elected to each house, as
4-15 provided by Section 39, Article III, Texas Constitution. If this
4-16 Act does not receive the vote necessary for immediate effect, this
4-17 Act takes effect September 1, 2001.