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.