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.
2-47 * * * * *