1-1     By:  Kuempel (Senate Sponsor - Haywood)               H.B. No. 2518
 1-2           (In the Senate - Received from the House May 9, 2001;
 1-3     May 10, 2001, read first time and referred to Committee on Natural
 1-4     Resources; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the issuance of certain permits for the emission of air
 1-9     contaminants.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Section 382.0516, Health and Safety Code, is
1-12     amended to read as follows:
1-13           Sec. 382.0516.  NOTICE TO STATE SENATOR AND REPRESENTATIVE.
1-14     On receiving an application for a construction permit or an
1-15     amendment to a construction permit,  a special permit, or an
1-16     operating permit for a facility that may emit air contaminants, the
1-17     commission shall send notice of the application to the state
1-18     senator and representative who represent the area in which the
1-19     facility is or will be located.
1-20           SECTION 2.  Section 382.0518, Health and Safety Code, is
1-21     amended by amending Subsections (a), (b), (d), (e), and (h) and
1-22     adding Subsection (i) to read as follows:
1-23           (a)  Before work is begun on the construction of a new
1-24     facility or a modification of an existing facility that may emit
1-25     air contaminants, the person planning the construction or
1-26     modification must obtain a permit or permit amendment from the
1-27     commission.
1-28           (b)  The commission shall grant within a reasonable time a
1-29     permit or permit amendment to construct or modify a facility if,
1-30     from the information available to the commission, including
1-31     information presented at any hearing held under Section 382.056(d),
1-32     the commission finds:
1-33                 (1)  the proposed facility for which a permit, permit
1-34     amendment, or a special permit is sought will use at least the best
1-35     available control technology, considering the technical
1-36     practicability and economic reasonableness of reducing or
1-37     eliminating the emissions resulting from the facility; and
1-38                 (2)  no indication that the emissions from the facility
1-39     will contravene the intent of this chapter, including protection of
1-40     the public's health and physical property.
1-41           (d)  If the commission finds that the emissions from the
1-42     proposed facility will contravene the standards under Subsection
1-43     (b) or will contravene the intent of this chapter, the commission
1-44     may not grant the permit, permit amendment, or [a] special permit
1-45     and shall set out in a report to the applicant its specific
1-46     objections to the submitted plans of the proposed facility.
1-47           (e)  If the person applying for a permit, permit amendment,
1-48     or [a] special permit makes the alterations in the person's plans
1-49     and specifications to meet the commission's specific objections,
1-50     the commission shall grant the permit, permit amendment, or special
1-51     permit.  If the person fails or refuses to alter the plans and
1-52     specifications, the commission may not grant the permit, permit
1-53     amendment, or special permit.  The commission may refuse to accept
1-54     a person's new application until the commission's objections to the
1-55     plans previously submitted by that person are satisfied.
1-56           (h)  Section 382.056 does not apply to an applicant for a
1-57     permit amendment under this section if the total emissions increase
1-58     from all facilities authorized under the amended permit will meet
1-59     the de minimis criteria defined by commission rule and will not
1-60     change in character.  For a facility affected by Section 382.020,
1-61     Section 382.056 does not apply to an applicant for a permit
1-62     amendment under this section if the total emissions increase from
1-63     all facilities authorized under the permit amendment is not
1-64     significant and will not change in character.  In this subsection,
 2-1     a finding that a total emissions increase is not significant must
 2-2     be made as provided under Section 382.05196 for a finding under
 2-3     that section.  [A reference to a permit in this section includes an
 2-4     amendment to a permit.]
 2-5           (i)  In considering a permit amendment under this section the
 2-6     commission shall consider any adjudicated decision or compliance
 2-7     proceeding within the five years before the date on which the
 2-8     application was filed that addressed the applicant's past
 2-9     performance and compliance with the laws of this state, another
2-10     state, or the United States governing air contaminants or with the
2-11     terms of any permit or order issued by the commission.
2-12           SECTION 3.  Sections 382.056(a) and (g), Health and Safety
2-13     Code, are amended to read as follows:
2-14           (a)  Except as provided by Section 382.0518(h), an [An]
2-15     applicant for a permit or permit amendment under Section 382.0518
2-16     or a permit renewal review under Section 382.055 shall publish
2-17     notice of intent to obtain the permit, permit amendment, or permit
2-18     review not later than the 30th day after the date the commission
2-19     determines the application to be administratively complete.  The
2-20     commission by rule shall require an applicant for a federal
2-21     operating permit under Section 382.054 to publish notice of intent
2-22     to obtain a permit, permit amendment, or permit review consistent
2-23     with federal requirements and with the requirements of Subsection
2-24     (b).  The applicant shall publish the notice at least once in a
2-25     newspaper of general circulation in the municipality in which the
2-26     facility or federal source is located or is proposed to be located
2-27     or in the municipality nearest to the location or proposed location
2-28     of the facility or federal source.  If the elementary or middle
2-29     school nearest to the facility or proposed facility provides a
2-30     bilingual education program as required by Subchapter B, Chapter
2-31     29, Education Code, the applicant shall also publish the notice at
2-32     least once in an additional publication of general circulation in
2-33     the municipality or county in which the facility is located or
2-34     proposed to be located that is published in the language taught in
2-35     the bilingual education program.  This requirement is waived if
2-36     such a publication does not exist or if the publisher refuses to
2-37     publish the notice.  The commission by rule shall prescribe the
2-38     form and content of the notice and when notice must be published.
2-39     The commission may require publication of additional notice.  The
2-40     commission by rule shall prescribe alternative procedures for
2-41     publication of the notice in a newspaper if the applicant is a
2-42     small business stationary source as defined by Section 382.0365 and
2-43     will not have a significant effect on air quality.  The alternative
2-44     procedures must be cost-effective while ensuring adequate notice.
2-45     Notice required to be published under this section shall only be
2-46     required to be published in the United States.
2-47           (g)  If, in response to the notice published under Subsection
2-48     (a)  for a permit or permit amendment under Section 382.0518 or a
2-49     permit renewal review under Section 382.055, a person requests
2-50     during the period provided by commission rule that the commission
2-51     hold a public hearing and the request is not withdrawn before the
2-52     date the preliminary decision is issued, the applicant shall
2-53     publish notice of the preliminary decision in a newspaper, and the
2-54     commission shall seek public comment on the preliminary decision.
2-55     The commission shall consider the request for public hearing under
2-56     the procedures provided by Subsections (i)-(n).  The commission may
2-57     not seek further public comment or hold a public hearing under the
2-58     procedures provided by Subsections (i)-(n) in response to a request
2-59     for a public hearing on an amendment, modification, or renewal that
2-60     would not result in an increase in allowable emissions and would
2-61     not result in the emission of an air contaminant not previously
2-62     emitted.
2-63           SECTION 4.  The changes in law made by this Act apply to an
2-64     application for an amendment to a permit issued by the Texas
2-65     Natural Resource Conservation Commission for a facility that may
2-66     emit air contaminants that is:
2-67                 (1)  pending before the commission on September 1,
2-68     2001; or
2-69                 (2)  filed with the commission on or after September 1,
 3-1     2001.
 3-2           SECTION 5.  This Act takes effect September 1, 2001.
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