By Bernsen S.B. No. 493
77R909 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the repeal of the exemption for certain sources of air
1-3 contaminant emissions from preconstruction permit requirements.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 382.0518(g) and (h), Health and Safety
1-6 Code, are amended to read as follows:
1-7 (g) [Subsections (a)-(d) do not apply to a person who has
1-8 executed a contract or has begun construction for an addition,
1-9 alteration, or modification to a new or an existing facility on or
1-10 before August 30, 1971, and who has complied with the requirements
1-11 of Section 382.060, as it existed on November 30, 1991. To qualify
1-12 for any exemption under this subsection, a contract may not have a
1-13 beginning construction date later than February 29, 1972.]
1-14 [(h)] A reference to a permit in this section includes an
1-15 amendment to a permit.
1-16 SECTION 2. Sections 382.0519(a), (b), and (f), Health and
1-17 Safety Code, are amended to read as follows:
1-18 (a) The commission may grant a permit under this section
1-19 only if the permit application was filed before [Before] September
1-20 1, 2001[, the owner or operator of an existing, unpermitted
1-21 facility not subject to the requirement to obtain a permit under
1-22 Section 382.0518(g) may apply for a permit to operate that facility
1-23 under this section].
1-24 (b) The commission shall grant a permit to operate a
2-1 facility under this section within a reasonable time after the
2-2 commission receives a permit application [a permit under this
2-3 section] if, from the information available to the commission,
2-4 including information presented at any public hearing or through
2-5 written comment:
2-6 (1) the commission finds that the facility will use an
2-7 air pollution control method at least as beneficial as that
2-8 described in Section 382.003(9)(E)(ii), considering the age and
2-9 remaining useful life of the facility, except as provided by
2-10 Subdivision (2); or
2-11 (2) for a facility located in a near-nonattainment or
2-12 nonattainment area for a national ambient air quality standard, the
2-13 commission finds that the facility will use the more stringent of:
2-14 (A) a control method at least as beneficial as
2-15 that described in Section 382.003(9)(E)(ii), considering the age
2-16 and remaining useful life of the facility; or
2-17 (B) a control technology that the commission
2-18 finds is demonstrated to be generally achievable for facilities in
2-19 that area of the same type that are permitted under this section,
2-20 considering the age and remaining useful life of the facility.
2-21 (f) The commission shall give priority to the processing of
2-22 applications for the issuance, amendment, or renewal of a permit
2-23 for those facilities [authorized under Section 382.0518(g)] that
2-24 are located less than two miles from the outer perimeter of a
2-25 school, child day-care facility, hospital, or nursing home.
2-26 SECTION 3. Section 382.05194(a), Health and Safety Code, is
2-27 amended to read as follows:
3-1 (a) The commission may issue a multiple plant permit for
3-2 multiple plant sites that are owned or operated by the same person
3-3 or persons under common control if the commission finds that:
3-4 (1) the aggregate rate of emission of air contaminants
3-5 to be authorized under the permit does not exceed the total of:
3-6 (A) for previously permitted facilities, the
3-7 rates authorized in the existing permits; and
3-8 (B) for [existing unpermitted facilities not
3-9 subject to the requirement to obtain a preconstruction
3-10 authorization under Section 382.0518(g) or for] facilities
3-11 authorized under Section 382.0519, the rates that would be
3-12 authorized under Section 382.0519; and
3-13 (2) there is no indication that the emissions from the
3-14 facilities will contravene the intent of this chapter, including
3-15 protection of the public's health and physical property.
3-16 SECTION 4. Section 382.05195(a), Health and Safety Code, is
3-17 amended to read as follows:
3-18 (a) The commission may issue a standard permit for new or
3-19 existing similar facilities if the commission finds that:
3-20 (1) the standard permit is enforceable;
3-21 (2) the commission can adequately monitor compliance
3-22 with the terms of the standard permit; and
3-23 (3) the [for permit applications for facilities
3-24 subject to Sections 382.0518(a)-(d) filed before September 1, 2001,
3-25 the facilities will use control technology at least as effective as
3-26 that described in Section 382.0518(b). For permit applications
3-27 filed after August 31, 2001, all] facilities permitted under this
4-1 section will use control technology at least as effective as that
4-2 described in Section 382.0518(b).
4-3 SECTION 5. Section 382.0621(d), Health and Safety Code, is
4-4 amended to read as follows:
4-5 (d) The [Except as provided by this section, the] commission
4-6 may not impose a fee for any amount of emissions of an air
4-7 contaminant regulated under the federal Clean Air Act Amendments of
4-8 1990 (Pub.L. No. 101-549) in excess of 4,000 tons per year from any
4-9 source. [On and after September 1, 2001, for a facility that is not
4-10 subject to the requirement to obtain a permit under Section
4-11 382.0518(g) that does not have a permit application pending, the
4-12 commission shall:]
4-13 [(1) impose a fee under this section for all
4-14 emissions, including emissions in excess of 4,000 tons; and]
4-15 [(2) treble the amount of the fee imposed for
4-16 emissions in excess of 4,000 tons each fiscal year.]
4-17 SECTION 6. Sections 39.264(b), (d), and (e), Utilities Code,
4-18 are amended to read as follows:
4-19 (b) This section applies only to an electric generating
4-20 facility existing on January 1, 1999, that on August 31, 2001, was
4-21 [is] not subject to the requirement to obtain a permit under
4-22 Sections 382.0518(a)-(d) [Section 382.0518(g)], Health and Safety
4-23 Code, because the facility was exempt under Section 382.0518(g), as
4-24 that subsection read on that date.
4-25 (d) A municipal corporation, electric cooperative, or river
4-26 authority may exclude any electric generating facilities of 25
4-27 megawatts or less from the requirements prescribed by this section
5-1 only if the[. Not later than January 1, 2000, a] municipal
5-2 corporation, electric cooperative, or river authority informed
5-3 [must inform] the conservation commission of its intent to exclude
5-4 those facilities before January 2, 2000.
5-5 (e) The conservation commission may issue a permit for
5-6 [owner or operator of] an electric generating facility under this
5-7 section only if the owner or operator of the facility applied
5-8 [shall apply] to the conservation commission for a permit [for the
5-9 emission of air contaminants] on or before September 1, 2000. A
5-10 permit issued by the conservation commission under this section
5-11 shall require the facility to achieve emissions reductions or
5-12 trading emissions allowances as provided by this section. If the
5-13 facility uses coal as a fuel, the permit must also be conditioned
5-14 on the facility's emissions meeting opacity limitations provided by
5-15 conservation commission rules. A [Notwithstanding Section
5-16 382.0518(g), Health and Safety Code, a] facility that does not
5-17 obtain a permit as required by this subsection may not operate
5-18 after May 1, 2003[, unless the conservation commission finds good
5-19 cause for an extension].
5-20 SECTION 7. The changes in law made by Section 4 of this Act
5-21 do not apply to an application for a permit filed under Section
5-22 382.05195, Health and Safety Code, before September 1, 2001. Such
5-23 an application shall be considered and granted or denied under the
5-24 law as it existed on August 31, 2001, and the former law is
5-25 continued in effect for that purpose. An operating facility for
5-26 which such an application is filed may continue to operate as
5-27 authorized by the former law until the permit is granted or denied,
6-1 and the owner or operator of the facility may not be penalized for
6-2 air contaminant emissions authorized by the former law before the
6-3 permit is granted or denied.
6-4 SECTION 8. This Act takes effect September 1, 2001.