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A BILL TO BE ENTITLED
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AN ACT
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relating to permitting procedures of the Texas Commission on |
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Environmental Quality for control of air pollution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.003, Health and Safety Code, is |
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amended by amending Subdivisions (3-a) and (11-a) and adding |
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Subdivisions (3-b), (4-a), (8-a), and (11-b) to read as follows: |
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(3-a) "Best available control technology" means an |
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emissions limitation as defined by 40 C.F.R. Section 52.21(b)(12), |
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as of September 1, 2009. |
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(3-b) "Coal" has the meaning assigned by Section |
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134.004, Natural Resources Code. |
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(4-a) "Criteria air pollutant" means one of the |
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following air contaminants for which the United States |
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Environmental Protection Agency sets national ambient air quality |
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standards: ozone, carbon monoxide, particulate matter, sulfur |
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dioxide, lead, and nitrogen dioxide. |
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(8-a) "Lowest achievable emission rate" means an |
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emissions limitation as defined by 40 C.F.R. Section |
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51.165(a)(1)(xiii), as of July 1, 2008. |
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(11-a) "Significant source" means a source, including |
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an electric generating facility, with the potential to emit a |
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pollutant at a rate that equals or exceeds the rate provided for the |
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pollutant by 40 C.F.R. Section 51.166(b)(23), as of September 1, |
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2009. |
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(11-b) "Solid waste" has the meaning assigned by |
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Section 361.003. |
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SECTION 2. Section 382.051, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) The commission shall track and publicly post on its |
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Internet site a list of the emissions limitations for criteria air |
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pollutants, mercury, and sulfuric acid mists that have been |
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represented as being the best available control technology or |
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lowest achievable emission rate in the 10 permit applications most |
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recently determined by the commission to be administratively |
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complete or among permits issued nationwide. The list must be |
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organized by industry category and by type of fuel. The list shall |
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include for each entry a description of the processes and |
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technologies used to attain best available control technology or |
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lowest achievable emission rate limitations. The commission shall |
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update the list at least semiannually. |
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SECTION 3. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Sections 382.05102 and 382.05141 to read |
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as follows: |
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Sec. 382.05102. CONSIDERATION OF MOST RECENTLY PROVEN |
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TECHNOLOGIES. In a commission proceeding to issue or amend a permit |
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under this chapter, the commission shall consider the emissions |
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limitations listed in accordance with Section 382.051(e) in |
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determining whether the permit complies with the federal best |
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available control technology or lowest achievable emission rate |
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requirements. The commission may require as a condition of the |
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permit a specific process to achieve best available control |
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technology or lowest achievable emission rate requirements. |
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Sec. 382.05141. OZONE ANALYSIS. (a) Before granting a |
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permit or permit amendment under this subchapter for a significant |
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source, the commission shall conduct or obtain and consider an |
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impacts analysis, using photochemical grid modeling consistent |
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with the United States Environmental Protection Agency's modeling |
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protocol, of the facility's or proposed facility's effects on |
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concentrations of ground-level ozone in areas downwind from the |
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location of the facility or proposed facility under typical high |
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ground-level ozone conditions for the downwind area. |
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(b) The photochemical grid modeling impacts analysis must |
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include an area at least 250 kilometers from the significant source |
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being considered for the permit or permit amendment. |
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(c) The commission shall: |
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(1) make the results of the impacts analysis available |
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for public comment; and |
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(2) consider and reply to the public comments received |
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before the commission grants a permit or permit amendment. |
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SECTION 4. Section 382.0518, Health and Safety Code, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) In making its finding under Subsection (b)(2) as to |
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whether emissions from a facility or proposed facility that is a |
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significant source will contravene the intent of this chapter, the |
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commission shall analyze and consider the effects on the health and |
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physical property of this state's residents from the facility's |
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expected air contaminant emissions and the cumulative effects of |
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the facility's expected emissions considered together with those of |
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other existing facilities in this state, facilities that have been |
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issued a permit by the commission but that are not yet operational, |
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and proposed facilities for which the commission has determined |
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that the permit application is administratively complete. The |
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cumulative effects analysis must include, at a minimum, the impacts |
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analysis conducted or obtained under Section 382.05141. |
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SECTION 5. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.051801 to read as follows: |
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Sec. 382.051801. ADDITIONAL PERMIT REQUIREMENT FOR CERTAIN |
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NEW SIGNIFICANT SOURCES. (a) In this section, "attainment area" |
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and "nonattainment area" respectively, mean areas so designated |
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under Section 107(d) of the federal Clean Air Act (42 U.S.C. Section |
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7407). |
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(b) To obtain a permit under this subchapter, a new or |
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modified significant source located in an attainment area must meet |
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the emissions limitations and other requirements of a nonattainment |
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area, if the source will cause or contribute to air pollution levels |
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in excess of any national ambient air quality standard in any air |
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quality control region in this state as identified by the United |
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States Environmental Protection Agency. |
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SECTION 6. Section 382.055(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) In determining whether and under which conditions a |
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preconstruction permit should be renewed, the commission shall |
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analyze and consider, at a minimum: |
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(1) the performance of the owner or operator of the |
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facility according to the method developed by the commission under |
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Section 5.754, Water Code; [and] |
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(2) the condition and effectiveness of existing |
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emission control equipment and practices; and |
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(3) if the facility is a significant source, the |
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effects on the health and physical property of this state's |
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residents from the facility's expected air contaminant emissions |
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and the cumulative effects of the facility's expected emissions |
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considered together with those of other existing facilities in this |
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state, facilities that have been issued a permit by the commission |
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but that are not yet operational, and proposed facilities for which |
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the commission has determined that the permit application is |
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administratively complete. |
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SECTION 7. The changes in law made by this Act to Chapter |
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382, Health and Safety Code, apply only to an application for the |
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issuance, amendment, or renewal of a permit under that chapter that |
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is pending before, or filed with, the Texas Commission on |
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Environmental Quality on or after January 1, 2009. |
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SECTION 8. This Act takes effect September 1, 2009. |