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A BILL TO BE ENTITLED
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AN ACT
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relating to controlling the emissions of certain hazardous air |
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contaminants in identified areas of this state under the Texas |
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Clean Air Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.0205, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 382.0205. SPECIAL PROBLEMS RELATED TO AIR CONTAMINANT |
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EMISSIONS. Consistent with applicable federal law, the commission |
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by rule may control air contaminants as necessary to protect |
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against adverse effects related to: |
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(1) acid deposition; |
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(2) stratospheric changes, including depletion of |
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ozone; [and] |
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(3) climatic changes, including global warming; and |
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(4) the emission of a hazardous air pollutant listed |
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under Section 112 of the federal Clean Air Act (42 U.S.C. Section |
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7412). |
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SECTION 2. Subchapter B, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.0206 to read as follows: |
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Sec. 382.0206. AIR POLLUTANT WATCH LIST. (a) The |
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commission shall establish and maintain an air pollutant watch |
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list. The air pollutant watch list must identify the geographic |
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areas of the state in which the ambient air concentration levels of |
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one or more air contaminants may cause short-term or long-term |
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adverse human health effects or odors, as determined by the |
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commission based on modeling or monitoring. |
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(b) The commission shall publish notice of and allow public |
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comment on: |
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(1) an addition of an air contaminant to or removal of |
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an air contaminant from the air pollutant watch list; or |
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(2) an addition of an area to or removal of an area |
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from the air pollutant watch list. |
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SECTION 3. Section 382.051(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) To assist in fulfilling its authorization provided by |
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Subsection (a), the commission may issue: |
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(1) special permits for certain facilities; |
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(2) a general permit for numerous similar sources |
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subject to Section 382.054; |
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(3) a standard permit for similar facilities; |
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(4) a permit by rule for types of facilities that: |
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(A) will not significantly contribute air |
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contaminants to the atmosphere; and |
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(B) are not located in a geographic area included |
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on the air pollutant watch list under Section 382.0206 and will not |
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emit an air contaminant the emission of which would contribute to |
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the area's inclusion on the list; |
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(5) a single federal operating permit or |
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preconstruction permit for multiple federal sources or facilities |
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located at the same site; |
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(6) a multiple plant permit for existing facilities at |
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multiple locations subject to Section 382.0518 or 382.0519; |
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(7) an existing facility permit or existing facility |
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flexible permit under Section 382.05183; |
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(8) a small business stationary source permit under |
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Section 382.05184; |
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(9) an electric generating facility permit under |
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Section 382.05185 of this code and Section 39.264, Utilities Code; |
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(10) a pipeline facilities permit under Section |
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382.05186; or |
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(11) other permits as necessary. |
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SECTION 4. Section 382.0511, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) This subsection applies only to the permit for a |
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facility or federal source that is located in a geographic area |
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included on the commission's air pollutant watch list under Section |
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382.0206 and that emits an air contaminant that contributes to the |
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area's inclusion on the list. When a permit to which this |
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subsection applies is reopened for consideration of an amendment |
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under this section, the permit is considered reopened with respect |
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to any provision of the permit affecting the emission of an air |
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contaminant that contributes to the area's inclusion on the air |
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pollutant watch list from any facility or federal source authorized |
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by the permit. |
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SECTION 5. Section 382.055, Health and Safety Code, is |
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amended by amending Subsections (d) and (e) and adding Subsections |
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(e-1) and (e-2) 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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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; |
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(3) whether the emissions from the facility will |
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contravene the intent of this chapter, including the intent of this |
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chapter to protect public health and physical property; and |
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(4) whether the facility is located in a geographic |
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area included on the commission's air pollutant watch list under |
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Section 382.0206, if the facility emits an air contaminant that |
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contributes to the area's inclusion on the list. |
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(e) The commission shall impose as a condition for renewal |
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of a preconstruction permit only those requirements the commission |
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determines to be economically reasonable and technically |
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practicable considering the age of the facility and the effect of |
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its emissions on the surrounding area. |
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(e-1) The commission shall [may not] impose requirements |
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more stringent than those of the existing permit if [unless] the |
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commission determines that the requirements are necessary to: |
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(1) avoid a condition of air pollution; |
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(2) [or to] ensure compliance with otherwise |
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applicable federal or state air quality control requirements; or |
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(3) protect public health in a geographic area |
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included on the commission's air pollutant watch list under Section |
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382.0206. |
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(e-2) The commission may not impose requirements less |
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stringent than those of the existing permit unless the commission |
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determines that a proposed change will meet the requirements of |
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Sections 382.0518 and 382.0541. |
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SECTION 6. The change in law made by this Act applies only |
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to an application for a permit, permit amendment, or permit renewal |
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that is submitted to the Texas Commission on Environmental Quality |
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on or after the effective date of this Act. An application for a |
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permit, permit amendment, or permit renewal that is submitted to |
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the Texas Commission on Environmental Quality before the effective |
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date of this Act is governed by the law in effect at the time the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 7. This Act takes effect September 1, 2009. |