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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of permits for certain facilities |
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regulated by the Texas Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Sections 382.051961, 382.051962, and |
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382.051963 to read as follows: |
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Sec. 382.051961. PERMIT FOR CERTAIN OIL AND GAS |
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FACILITIES. (a) This section applies only to new facilities or |
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modifications of existing facilities that belong to Standard |
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Industrial Classification Codes 1311 (Crude Petroleum and Natural |
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Gas), 1321 (Natural Gas Liquids), 4612 (Crude Petroleum Pipelines), |
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4613 (Refined Petroleum Pipelines), 4922 (Natural Gas |
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Transmission), and 4923 (Natural Gas Transmission and |
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Distribution). |
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(b) Notwithstanding any other provision of this chapter, |
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the commission may not adopt a new permit by rule or a new standard |
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permit or amend an existing permit by rule or an existing standard |
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permit relating to a facility to which this section applies unless |
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the commission: |
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(1) conducts a regulatory analysis as provided by |
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Section 2001.0225, Government Code; |
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(2) determines, based on the evaluation of credible |
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air quality monitoring data, that the emissions limits or other |
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emissions-related requirements of the permit are necessary to |
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protect public health and physical property; |
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(3) establishes emissions limits or other |
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requirements based on: |
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(A) the evaluation of air quality monitoring |
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data; and |
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(B) credible air quality modeling that is not |
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based on the worst-case scenario of emissions or other worst-case |
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modeling scenarios unless the actual air quality monitoring data |
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and evaluation of that data indicate that the worst-case scenario |
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of emissions or other worst-case modeling scenarios yield modeling |
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results that reflect the actual air quality monitoring data and |
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evaluation; and |
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(4) considers whether the requirements of the permit |
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should be imposed only on facilities that are located in a |
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particular geographic region of the state. |
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(c) The air quality monitoring data and the evaluation of |
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that data under Subsection (b): |
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(1) must be relevant and technically and |
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scientifically credible, as determined by the commission; and |
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(2) may be generated by an ambient air monitoring |
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program conducted by or on behalf of the commission in any part of |
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the state or by another governmental entity of this state, a local |
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or federal governmental entity, or a private organization. |
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Sec. 382.051962. AUTHORIZATION FOR PLANNED MAINTENANCE, |
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START-UP, OR SHUTDOWN ACTIVITIES RELATING TO CERTAIN OIL AND GAS |
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FACILITIES. (a) In this section, "planned maintenance, start-up, |
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or shutdown activity" means an activity with emissions or opacity |
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that: |
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(1) is not expressly authorized by commission permit, |
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rule, or order and involves the maintenance, start-up, or shutdown |
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of a facility; |
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(2) is part of normal or routine facility operations; |
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(3) is predictable as to timing; and |
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(4) involves the type of emissions normally authorized |
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by permit. |
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(b) The commission may adopt one or more permits by rule or |
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one or more standard permits and may amend one or more existing |
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permits by rule or standard permits to authorize planned |
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maintenance, start-up, or shutdown activities for facilities |
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described by Section 382.051961(a). The adoption or amendment of a |
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permit under this subsection must comply with Section |
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382.051961(b). |
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(c) An unauthorized emission or opacity event from a planned |
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maintenance, start-up, or shutdown activity is subject to the |
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affirmative defense criteria established by commission rules as |
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those rules exist on the effective date of this section if: |
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(1) the emission or opacity event occurs at a facility |
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described by Section 382.051961(a); |
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(2) an application for a permit or permit amendment |
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under Subsection (b) is submitted to the commission on or before the |
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earlier of: |
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(A) January 5, 2014; or |
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(B) the 30th day after the effective date of a new |
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or amended permit adopted by the commission under Subsection (b); |
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and |
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(3) the affirmative defense criteria in the rules are |
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met. |
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(d) The affirmative defense described by Subsection (c) is |
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not available for a facility on or after the date that an |
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application to authorize the planned maintenance, start-up, or |
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shutdown activities of the facility is approved, denied, or voided. |
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Sec. 382.051963. AMENDMENT OF CERTAIN PERMITS. (a) A |
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permit by rule or standard permit that has been adopted by the |
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commission under this subchapter and is in effect on the effective |
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date of this section may be amended to require: |
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(1) the permit holder to provide to the commission |
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information about a facility authorized by the permit, including |
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the location of the facility; and |
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(2) a facility handling sour gas to be a minimum |
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distance from a recreational area, a residence, or another |
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structure unless the structure is not occupied or is used solely by |
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the operator of the facility or by the owner of the property upon |
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which the facility is located. |
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(b) The amendment of a permit under this section is not |
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subject to Section 382.051961(b). |
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SECTION 2. (a) Sections 382.051961, 382.051962, and |
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382.051963, Health and Safety Code, as added by this Act, apply only |
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to a new permit by rule or a new standard permit or any amendment to |
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an existing permit by rule or amendment to an existing standard |
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permit adopted by the Texas Commission on Environmental Quality on |
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or after the effective date of this Act. |
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(b) A permit by rule or standard permit adopted by the Texas |
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Commission on Environmental Quality and in effect before the |
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effective date of this Act is not subject to Sections 382.051961 and |
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382.051962, Health and Safety Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |