1-1     By:  Brown                                             S.B. No. 688
 1-2           (In the Senate - Filed February 13, 2001; February 15, 2001,
 1-3     read first time and referred to Committee on Natural Resources;
 1-4     February 21, 2001, reported favorably by the following vote:  Yeas
 1-5     4, Nays 0; February 21, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to requirements for public notice and hearing on
 1-9     applications for air quality multiple plant permits.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 382.05194, Health and Safety Code, is
1-12     amended to read as follows:
1-13           Sec. 382.05194.  Multiple Plant Permit.  (a)  The commission
1-14     may issue a multiple plant permit for multiple plant sites that are
1-15     owned or operated by the same person or persons under common
1-16     control if the commission finds that:
1-17                 (1)  the aggregate rate of emission of air contaminants
1-18     to be authorized under the permit does not exceed the total of:
1-19                       (A)  for previously permitted facilities, the
1-20     rates authorized in the existing permits; and
1-21                       (B)  for existing unpermitted facilities not
1-22     subject to the requirement to obtain a preconstruction
1-23     authorization under Section 382.0518(g) or for facilities
1-24     authorized under Section 382.0519, the rates that would be
1-25     authorized under Section 382.0519; and
1-26                 (2)  there is no indication that the emissions from the
1-27     facilities will contravene the intent of this chapter, including
1-28     protection of the public's health and physical property.
1-29           (b)  A permit issued under this section may not authorize
1-30     emissions from any of the facilities authorized under the permit
1-31     that exceed the facility's highest historic annual rate or the
1-32     levels authorized in the facility's most recent permit.  In the
1-33     absence of records extending back to the original construction of
1-34     the facility, best engineering judgment shall be used to
1-35     demonstrate the facility's highest historic annual rate to the
1-36     commission.
1-37           (c)  Emissions control equipment previously installed at a
1-38     facility permitted under this section may not be removed or
1-39     disabled unless the action is undertaken to maintain or upgrade the
1-40     control equipment or to otherwise reduce the impact of emissions
1-41     authorized by the commission.
1-42           (d)  [The commission shall publish notice of a proposed
1-43     multiple plant permit for existing facilities in the Texas Register
1-44     and in one or more statewide or regional newspapers designated by
1-45     the commission by rule that will, in the commission's judgment,
1-46     provide reasonable notice throughout the state.  If the multiple
1-47     plant permit for existing facilities will be effective for only
1-48     part of the state, the notice shall be published in a newspaper of
1-49     general circulation in the area to be affected.  The commission by
1-50     rule may require additional notice to be given.  The notice must
1-51     include an invitation for written comments by the public to the
1-52     commission regarding the proposed multiple plant permit and must be
1-53     published not later than the 30th day before the date the
1-54     commission issues the multiple plant permit.]
1-55           [(e)  For existing facilities, the commission shall hold a
1-56     public meeting to provide an additional opportunity for public
1-57     comment.  The commission shall give notice of a public meeting
1-58     under this subsection as part of the notice described in Subsection
1-59     (d) not later than the 30th day before the date of the meeting.]
1-60           [(f)  If the commission receives public comment related to
1-61     the issuance of a multiple plant permit for existing facilities,
1-62     the commission shall issue a written response to the comments at
1-63     the same time the commission issues or denies the permit.  The
1-64     response must be made available to the public, and the commission
 2-1     shall mail the response to each person who made a comment.]
 2-2           [(g)]  The commission by rule shall establish the procedures
 2-3     for application and approval for the use of a multiple plant
 2-4     permit.
 2-5           (e) [(h)]  For a multiple plant permit that applies only to
 2-6     existing facilities for which an application is filed before
 2-7     September 1, 2001, the issuance, amendment, or revocation by the
 2-8     commission of the permit is not subject to Chapter 2001, Government
 2-9     Code.
2-10           (f) [(i)]  The commission may adopt rules as necessary to
2-11     implement and administer this section and may delegate to the
2-12     executive director under Section 382.061 the authority to issue,
2-13     amend, or revoke a multiple plant permit.
2-14           SECTION 2.  Subchapter C, Chapter 382, Health and Safety
2-15     Code, is amended by adding Section 382.05197 to read as follows:
2-16           Sec. 382.05197.  MULTIPLE PLANT PERMIT:  NOTICE AND HEARING.
2-17     (a)  An applicant for a permit under Section 382.05194 shall
2-18     publish notice of intent to obtain the permit in accordance with
2-19     Section 382.056, except that the notice of a proposed multiple
2-20     plant permit for existing facilities shall be published in one or
2-21     more statewide or regional newspapers that provide reasonable
2-22     notice throughout the state.  If the multiple plant permit for
2-23     existing facilities will be effective for only part of the state,
2-24     the notice shall be published in a newspaper of general circulation
2-25     in the area to be affected.  The commission by rule may require
2-26     that additional notice be given.
2-27           (b)  The commission may authorize an applicant for a permit
2-28     for an existing facility that constitutes or is part of a small
2-29     business stationary source as defined in Section 382.0365(h)(2) to
2-30     provide notice using an alternative means if the commission finds
2-31     that the proposed method will result in equal or better
2-32     communication with the public, considering the effectiveness of the
2-33     notice in reaching potentially affected persons, the cost, and the
2-34     consistency with federal requirements.
2-35           (c)  The commission shall provide an opportunity for a public
2-36     hearing and the submission of public comment and send notice of a
2-37     decision on an application for a permit under Section 382.05194 in
2-38     the same manner as provided by Sections 382.0561 and 382.0562.
2-39           (d)  A person affected by a decision of the commission to
2-40     issue or deny a multiple plant permit may move for rehearing and is
2-41     entitled to judicial review under Section 382.032.
2-42           SECTION 3.  This Act takes effect immediately if it receives
2-43     a vote of two-thirds of the members elected to each house, as
2-44     provided by Section 39, Article III, Texas Constitution.  If this
2-45     Act does not receive the vote necessary for immediate effect, this
2-46     Act takes effect September 1, 2001.
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