77R11253 MI-D
By Kuempel H.B. No. 2518
Substitute the following for H.B. No. 2518:
By Geren C.S.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. Sections 382.0518(a), (b), (d), (e), and (h),
1-6 Health and 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 permit amendment from the
1-11 commission.
1-12 (b) The commission shall grant within a reasonable time a
1-13 permit or permit amendment to construct or modify a facility if,
1-14 from the information available to the commission, including
1-15 information presented at any hearing held under Section 382.056(d),
1-16 the commission finds:
1-17 (1) the proposed facility for which a permit, permit
1-18 amendment, or a special permit is sought will use at least the best
1-19 available control technology, considering the technical
1-20 practicability and economic reasonableness of reducing or
1-21 eliminating the emissions resulting from the facility; and
1-22 (2) no indication that the emissions from the facility
1-23 will contravene the intent of this chapter, including protection of
1-24 the public's health and physical property.
2-1 (d) If the commission finds that the emissions from the
2-2 proposed facility will contravene the standards under Subsection
2-3 (b) or will contravene the intent of this chapter, the commission
2-4 may not grant the permit, permit amendment, or [a] special permit
2-5 and shall set out in a report to the applicant its specific
2-6 objections to the submitted plans of the proposed facility.
2-7 (e) If the person applying for a permit, permit amendment,
2-8 or [a] special permit makes the alterations in the person's plans
2-9 and specifications to meet the commission's specific objections,
2-10 the commission shall grant the permit, permit amendment, or special
2-11 permit. If the person fails or refuses to alter the plans and
2-12 specifications, the commission may not grant the permit, permit
2-13 amendment, or special permit. The commission may refuse to accept
2-14 a person's new application until the commission's objections to the
2-15 plans previously submitted by that person are satisfied.
2-16 (h) Section 382.056 does not apply to an applicant for a
2-17 permit amendment under this section if the total emissions increase
2-18 from all facilities authorized under the amended permit will meet
2-19 the de minimis criteria defined by commission rule and will not
2-20 change in character. For a facility affected by Section 382.020,
2-21 Section 382.056 does not apply to an applicant for a permit
2-22 amendment under this section if the total emissions increase from
2-23 all facilities authorized under the permit amendment is not
2-24 significant and will not change in character. In this subsection,
2-25 a finding that a total emissions increase is not significant must
2-26 be made as provided under Section 382.05196 for a finding under
2-27 that section. [A reference to a permit in this section includes an
3-1 amendment to a permit.]
3-2 SECTION 2. Sections 382.056(a) and (g), Health and Safety
3-3 Code, are amended to read as follows:
3-4 (a) Except as provided by Section 382.0518(h), an [An]
3-5 applicant for a permit or permit amendment under Section 382.0518
3-6 or a permit renewal review under Section 382.055 shall publish
3-7 notice of intent to obtain the permit, permit amendment, or permit
3-8 review not later than the 30th day after the date the commission
3-9 determines the application to be administratively complete. The
3-10 commission by rule shall require an applicant for a federal
3-11 operating permit under Section 382.054 to publish notice of intent
3-12 to obtain a permit, permit amendment, or permit review consistent
3-13 with federal requirements and with the requirements of Subsection
3-14 (b). The applicant shall publish the notice at least once in a
3-15 newspaper of general circulation in the municipality in which the
3-16 facility or federal source is located or is proposed to be located
3-17 or in the municipality nearest to the location or proposed location
3-18 of the facility or federal source. If the elementary or middle
3-19 school nearest to the facility or proposed facility provides a
3-20 bilingual education program as required by Subchapter B, Chapter
3-21 29, Education Code, the applicant shall also publish the notice at
3-22 least once in an additional publication of general circulation in
3-23 the municipality or county in which the facility is located or
3-24 proposed to be located that is published in the language taught in
3-25 the bilingual education program. This requirement is waived if
3-26 such a publication does not exist or if the publisher refuses to
3-27 publish the notice. The commission by rule shall prescribe the
4-1 form and content of the notice and when notice must be published.
4-2 The commission may require publication of additional notice. The
4-3 commission by rule shall prescribe alternative procedures for
4-4 publication of the notice in a newspaper if the applicant is a
4-5 small business stationary source as defined by Section 382.0365 and
4-6 will not have a significant effect on air quality. The alternative
4-7 procedures must be cost-effective while ensuring adequate notice.
4-8 Notice required to be published under this section shall only be
4-9 required to be published in the United States.
4-10 (g) If, in response to the notice published under Subsection
4-11 (a) for a permit or permit amendment under Section 382.0518 or a
4-12 permit renewal review under Section 382.055, a person requests
4-13 during the period provided by commission rule that the commission
4-14 hold a public hearing and the request is not withdrawn before the
4-15 date the preliminary decision is issued, the applicant shall
4-16 publish notice of the preliminary decision in a newspaper, and the
4-17 commission shall seek public comment on the preliminary decision.
4-18 The commission shall consider the request for public hearing under
4-19 the procedures provided by Subsections (i)-(n). The commission may
4-20 not seek further public comment or hold a public hearing under the
4-21 procedures provided by Subsections (i)-(n) in response to a request
4-22 for a public hearing on an amendment, modification, or renewal that
4-23 would not result in an increase in allowable emissions and would
4-24 not result in the emission of an air contaminant not previously
4-25 emitted.
4-26 SECTION 3. The changes in law made by this Act apply to an
4-27 application for an amendment to a permit issued by the Texas
5-1 Natural Resource Conservation Commission for a facility that may
5-2 emit air contaminants that is:
5-3 (1) pending before the commission on September 1,
5-4 2001; or
5-5 (2) filed with the commission on or after September 1,
5-6 2001.
5-7 SECTION 4. This Act takes effect September 1, 2001.