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