By Kuempel H.B. No. 2518
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. Section 382.0516, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 382.0516. NOTICE TO STATE SENATOR AND REPRESENTATIVE.
1-8 On receiving an application for a construction permit or an
1-9 amendment to a construction permit, a special permit, or an
1-10 operating permit for a facility that may emit air contaminants, the
1-11 commission shall send notice of the application to the state
1-12 senator and representative who represent the area in which the
1-13 facility is or will be located.
1-14 SECTION 2. Section 382.0518, Health and Safety Code, is
1-15 amended by amending Subsections (a), (b), (d), (e), and (h) and
1-16 adding Subsection (i) to read as follows:
1-17 (a) Before work is begun on the construction of a new
1-18 facility or a modification of an existing facility that may emit
1-19 air contaminants, the person planning the construction or
1-20 modification must obtain a permit or permit amendment from the
1-21 commission.
1-22 (b) The commission shall grant within a reasonable time a
1-23 permit or permit amendment to construct or modify a facility if,
1-24 from the information available to the commission, including
2-1 information presented at any hearing held under Section 382.056(d),
2-2 the commission finds:
2-3 (1) the proposed facility for which a permit, permit
2-4 amendment, or a special permit is sought will use at least the best
2-5 available control technology, considering the technical
2-6 practicability and economic reasonableness of reducing or
2-7 eliminating the emissions resulting from the facility; and
2-8 (2) no indication that the emissions from the facility
2-9 will contravene the intent of this chapter, including protection of
2-10 the public's health and physical property.
2-11 (d) If the commission finds that the emissions from the
2-12 proposed facility will contravene the standards under Subsection
2-13 (b) or will contravene the intent of this chapter, the commission
2-14 may not grant the permit, permit amendment, or [a] special permit
2-15 and shall set out in a report to the applicant its specific
2-16 objections to the submitted plans of the proposed facility.
2-17 (e) If the person applying for a permit, permit amendment,
2-18 or [a] special permit makes the alterations in the person's plans
2-19 and specifications to meet the commission's specific objections,
2-20 the commission shall grant the permit, permit amendment, or special
2-21 permit. If the person fails or refuses to alter the plans and
2-22 specifications, the commission may not grant the permit, permit
2-23 amendment, or special permit. The commission may refuse to accept
2-24 a person's new application until the commission's objections to the
2-25 plans previously submitted by that person are satisfied.
2-26 (h) Section 382.056 does not apply to an applicant for a
2-27 permit amendment under this section if the total emissions increase
3-1 from all facilities authorized under the amended permit will meet
3-2 the de minimis criteria defined by commission rule and will not
3-3 change in character. For a facility affected by Section 382.020,
3-4 Section 382.056 does not apply to an applicant for a permit
3-5 amendment under this section if the total emissions increase from
3-6 all facilities authorized under the permit amendment is not
3-7 significant and will not change in character. In this subsection,
3-8 a finding that a total emissions increase is not significant must
3-9 be made as provided under Section 382.05196 for a finding under
3-10 that section. [A reference to a permit in this section includes an
3-11 amendment to a permit.]
3-12 (i) In considering a permit amendment under this section the
3-13 commission shall consider any adjudicated decision or compliance
3-14 proceeding within the five years before the date on which the
3-15 application was filed that addressed the applicant's past
3-16 performance and compliance with the laws of this state, another
3-17 state, or the United States governing air contaminants or with the
3-18 terms of any permit or order issued by the commission.
3-19 SECTION 3. Sections 382.056(a) and (g), Health and Safety
3-20 Code, are amended to read as follows:
3-21 (a) Except as provided by Section 382.0518(h), an [An]
3-22 applicant for a permit or permit amendment under Section 382.0518
3-23 or a permit renewal review under Section 382.055 shall publish
3-24 notice of intent to obtain the permit, permit amendment, or permit
3-25 review not later than the 30th day after the date the commission
3-26 determines the application to be administratively complete. The
3-27 commission by rule shall require an applicant for a federal
4-1 operating permit under Section 382.054 to publish notice of intent
4-2 to obtain a permit, permit amendment, or permit review consistent
4-3 with federal requirements and with the requirements of Subsection
4-4 (b). The applicant shall publish the notice at least once in a
4-5 newspaper of general circulation in the municipality in which the
4-6 facility or federal source is located or is proposed to be located
4-7 or in the municipality nearest to the location or proposed location
4-8 of the facility or federal source. If the elementary or middle
4-9 school nearest to the facility or proposed facility provides a
4-10 bilingual education program as required by Subchapter B, Chapter
4-11 29, Education Code, the applicant shall also publish the notice at
4-12 least once in an additional publication of general circulation in
4-13 the municipality or county in which the facility is located or
4-14 proposed to be located that is published in the language taught in
4-15 the bilingual education program. This requirement is waived if
4-16 such a publication does not exist or if the publisher refuses to
4-17 publish the notice. The commission by rule shall prescribe the
4-18 form and content of the notice and when notice must be published.
4-19 The commission may require publication of additional notice. The
4-20 commission by rule shall prescribe alternative procedures for
4-21 publication of the notice in a newspaper if the applicant is a
4-22 small business stationary source as defined by Section 382.0365 and
4-23 will not have a significant effect on air quality. The alternative
4-24 procedures must be cost-effective while ensuring adequate notice.
4-25 Notice required to be published under this section shall only be
4-26 required to be published in the United States.
4-27 (g) If, in response to the notice published under Subsection
5-1 (a) for a permit or permit amendment under Section 382.0518 or a
5-2 permit renewal review under Section 382.055, a person requests
5-3 during the period provided by commission rule that the commission
5-4 hold a public hearing and the request is not withdrawn before the
5-5 date the preliminary decision is issued, the applicant shall
5-6 publish notice of the preliminary decision in a newspaper, and the
5-7 commission shall seek public comment on the preliminary decision.
5-8 The commission shall consider the request for public hearing under
5-9 the procedures provided by Subsections (i)-(n). The commission may
5-10 not seek further public comment or hold a public hearing under the
5-11 procedures provided by Subsections (i)-(n) in response to a request
5-12 for a public hearing on an amendment, modification, or renewal that
5-13 would not result in an increase in allowable emissions and would
5-14 not result in the emission of an air contaminant not previously
5-15 emitted.
5-16 SECTION 4. The changes in law made by this Act apply to an
5-17 application for an amendment to a permit issued by the Texas
5-18 Natural Resource Conservation Commission for a facility that may
5-19 emit air contaminants that is:
5-20 (1) pending before the commission on September 1,
5-21 2001; or
5-22 (2) filed with the commission on or after September 1,
5-23 2001.
5-24 SECTION 5. This Act takes effect September 1, 2001.