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A BILL TO BE ENTITLED
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AN ACT
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relating to the renewal and review of certain air quality permits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 382.05195(e), (f), and (k), Health and |
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Safety Code, are amended to read as follows: |
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(e) The commission by rule shall establish procedures for |
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the amendment of a standard permit and for an application for, the |
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issuance of, the renewal of, and the revocation of an authorization |
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to use a standard permit. The commission shall evaluate the |
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protectiveness of each standard permit issued under this section at |
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least once every six years. Each authorization to use a standard |
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permit issued under this section is subject to review at least once |
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every six years to determine whether the authority to operate |
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should be renewed. |
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(f) The commission shall require a [A] facility authorized |
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to emit air contaminants under a standard permit to [shall] comply |
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with an amendment to the standard permit beginning on a [the] date |
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that is not later than the date the facility's authorization to use |
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the standard permit is renewed [or the date the commission |
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otherwise provides]. Before the date the facility is required to |
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comply with the amendment, the standard permit, as it read before |
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the amendment, applies to the facility. |
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(k) An application for an authorization to use [the issuance |
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of] a standard permit under this section for a concrete plant that |
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performs wet batching, dry batching, or central mixing, including a |
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permanent, temporary, or specialty concrete batch plant, as defined |
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by the commission, must include a plot plan that clearly shows: |
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(1) a distance scale; |
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(2) a north arrow; |
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(3) all property lines, emission points, buildings, |
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tanks, and process vessels and other process equipment in the area |
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in which the facility will be located; |
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(4) at least two benchmark locations in the area in |
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which the facility will be located; and |
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(5) if the permit requires a distance, setback, or |
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buffer from other property or structures as a condition of the |
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permit, whether the required distance or setback will be met. |
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SECTION 2. Section 382.05198(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) An application for an authorization to use [the issuance |
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of] a standard permit under this section must include a plot plan |
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that meets the requirements of Section 382.05195(k). |
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SECTION 3. Section 382.055(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A preconstruction permit issued or renewed by the |
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commission is subject to review to determine whether the authority |
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to operate should be renewed according to the following schedule: |
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(1) a preconstruction permit issued before December 1, |
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1991, is subject to review not later than 15 years after the date of |
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issuance; |
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(2) a preconstruction permit issued on or after |
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December 1, 1991, is subject to review: |
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(A) every six [10] years after the date of |
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issuance; or |
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(B) on the filing of an application for an |
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amendment to the permit, if: |
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(i) the applicant is subject to Section |
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382.056; |
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(ii) the application is filed with the |
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commission not more than three years before the date the permit is |
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scheduled to expire; and |
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(iii) the applicant does not object to |
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having the permit subjected to review at that time; and |
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(3) for cause, a preconstruction permit issued on or |
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after December 1, 1991, for a facility at a nonfederal source may |
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contain a provision requiring the permit to be renewed at a period |
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of between five and six [10] years. |
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SECTION 4. (a) Not later than March 1, 2024, the Texas |
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Commission on Environmental Quality shall adopt rules necessary to |
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implement the changes in law made by this Act. |
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(b) After the effective date of this Act, notwithstanding |
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the changes in law made by this Act to Sections 382.05195 and |
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382.055, Health and Safety Code, the Texas Commission on |
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Environmental Quality may authorize the use of a permit or |
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authorization to use a permit issued before the effective date of |
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this Act until the date the permit or authorization would have been |
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eligible for renewal under the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |