By: Brown S.B. No. 688
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requirements for public notice and hearing on
1-3 applications for air quality multiple plant permits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 382.05194, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 382.05194. Multiple Plant Permit. (a) The commission
1-8 may issue a multiple plant permit for multiple plant sites that are
1-9 owned or operated by the same person or persons under common
1-10 control if the commission finds that:
1-11 (1) the aggregate rate of emission of air contaminants
1-12 to be authorized under the permit does not exceed the total of:
1-13 (A) for previously permitted facilities, the
1-14 rates authorized in the existing permits; and
1-15 (B) for existing unpermitted facilities not
1-16 subject to the requirement to obtain a preconstruction
1-17 authorization under Section 382.0518(g) or for facilities
1-18 authorized under Section 382.0519, the rates that would be
1-19 authorized under Section 382.0519; and
1-20 (2) there is no indication that the emissions from the
1-21 facilities will contravene the intent of this chapter, including
1-22 protection of the public's health and physical property.
1-23 (b) A permit issued under this section may not authorize
1-24 emissions from any of the facilities authorized under the permit
1-25 that exceed the facility's highest historic annual rate or the
2-1 levels authorized in the facility's most recent permit. In the
2-2 absence of records extending back to the original construction of
2-3 the facility, best engineering judgment shall be used to
2-4 demonstrate the facility's highest historic annual rate to the
2-5 commission.
2-6 (c) Emissions control equipment previously installed at a
2-7 facility permitted under this section may not be removed or
2-8 disabled unless the action is undertaken to maintain or upgrade the
2-9 control equipment or to otherwise reduce the impact of emissions
2-10 authorized by the commission.
2-11 (d) [The commission shall publish notice of a proposed
2-12 multiple plant permit for existing facilities in the Texas Register
2-13 and in one or more statewide or regional newspapers designated by
2-14 the commission by rule that will, in the commission's judgment,
2-15 provide reasonable notice throughout the state. If the multiple
2-16 plant permit for existing facilities will be effective for only
2-17 part of the state, the notice shall be published in a newspaper of
2-18 general circulation in the area to be affected. The commission by
2-19 rule may require additional notice to be given. The notice must
2-20 include an invitation for written comments by the public to the
2-21 commission regarding the proposed multiple plant permit and must be
2-22 published not later than the 30th day before the date the
2-23 commission issues the multiple plant permit.]
2-24 [(e) For existing facilities, the commission shall hold a
2-25 public meeting to provide an additional opportunity for public
2-26 comment. The commission shall give notice of a public meeting
3-1 under this subsection as part of the notice described in Subsection
3-2 (d) not later than the 30th day before the date of the meeting.]
3-3 [(f) If the commission receives public comment related to
3-4 the issuance of a multiple plant permit for existing facilities,
3-5 the commission shall issue a written response to the comments at
3-6 the same time the commission issues or denies the permit. The
3-7 response must be made available to the public, and the commission
3-8 shall mail the response to each person who made a comment.]
3-9 [(g)] The commission by rule shall establish the procedures
3-10 for application and approval for the use of a multiple plant
3-11 permit.
3-12 (e) [(h)] For a multiple plant permit that applies only to
3-13 existing facilities for which an application is filed before
3-14 September 1, 2001, the issuance, amendment, or revocation by the
3-15 commission of the permit is not subject to Chapter 2001, Government
3-16 Code.
3-17 (f) [(i)] The commission may adopt rules as necessary to
3-18 implement and administer this section and may delegate to the
3-19 executive director under Section 382.061 the authority to issue,
3-20 amend, or revoke a multiple plant permit.
3-21 SECTION 2. Subchapter C, Chapter 382, Health and Safety
3-22 Code, is amended by adding Section 382.05197 to read as follows:
3-23 Sec. 382.05197. MULTIPLE PLANT PERMIT: NOTICE AND HEARING.
3-24 (a) An applicant for a permit under Section 382.05194 shall
3-25 publish notice of intent to obtain the permit in accordance with
3-26 Section 382.056, except that the notice of a proposed multiple
4-1 plant permit for existing facilities shall be published in one or
4-2 more statewide or regional newspapers that provide reasonable
4-3 notice throughout the state. If the multiple plant permit for
4-4 existing facilities will be effective for only part of the state,
4-5 the notice shall be published in a newspaper of general circulation
4-6 in the area to be affected. The commission by rule may require
4-7 that additional notice be given.
4-8 (b) The commission may authorize an applicant for a permit
4-9 for an existing facility that constitutes or is part of a small
4-10 business stationary source as defined in Section 382.0365(h)(2) to
4-11 provide notice using an alternative means if the commission finds
4-12 that the proposed method will result in equal or better
4-13 communication with the public, considering the effectiveness of the
4-14 notice in reaching potentially affected persons, the cost, and the
4-15 consistency with federal requirements.
4-16 (c) The commission shall provide an opportunity for a public
4-17 hearing and the submission of public comment and send notice of a
4-18 decision on an application for a permit under Section 382.05194 in
4-19 the same manner as provided by Sections 382.0561 and 382.0562.
4-20 (d) A person affected by a decision of the commission to
4-21 issue or deny a multiple plant permit may move for rehearing and is
4-22 entitled to judicial review under Section 382.032.
4-23 SECTION 3. This Act takes effect immediately if it receives
4-24 a vote of two-thirds of the members elected to each house, as
4-25 provided by Section 39, Article III, Texas Constitution. If this
4-26 Act does not receive the vote necessary for immediate effect, this
5-1 Act takes effect September 1, 2001.