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.
3-3 * * * * *