81R2091 JJT-D
By: Vo H.B. No. 1071
A BILL TO BE ENTITLED
AN ACT
relating to controlling the emissions of certain hazardous air
contaminants in identified areas of this state under the Texas
Clean Air Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.0205, Health and Safety Code, is
amended to read as follows:
Sec. 382.0205. SPECIAL PROBLEMS RELATED TO AIR CONTAMINANT
EMISSIONS. Consistent with applicable federal law, the commission
by rule may control air contaminants as necessary to protect
against adverse effects related to:
(1) acid deposition;
(2) stratospheric changes, including depletion of
ozone; [and]
(3) climatic changes, including global warming; and
(4) the emission of a hazardous air pollutant listed
under Section 112 of the federal Clean Air Act (42 U.S.C. Section
7412).
SECTION 2. Subchapter B, Chapter 382, Health and Safety
Code, is amended by adding Section 382.0206 to read as follows:
Sec. 382.0206. AIR POLLUTANT WATCH LIST. (a) The
commission shall establish and maintain an air pollutant watch
list. The air pollutant watch list must identify the geographic
areas of the state in which the ambient air concentration levels of
one or more air contaminants may cause short-term or long-term
adverse human health effects or odors, as determined by the
commission based on modeling or monitoring.
(b) The commission shall publish notice of and allow public
comment on:
(1) an addition of an air contaminant to or removal of
an air contaminant from the air pollutant watch list; or
(2) an addition of an area to or removal of an area
from the air pollutant watch list.
SECTION 3. Section 382.051(b), Health and Safety Code, is
amended to read as follows:
(b) To assist in fulfilling its authorization provided by
Subsection (a), the commission may issue:
(1) special permits for certain facilities;
(2) a general permit for numerous similar sources
subject to Section 382.054;
(3) a standard permit for similar facilities;
(4) a permit by rule for types of facilities that:
(A) will not significantly contribute air
contaminants to the atmosphere; and
(B) are not located in a geographic area included
on the air pollutant watch list under Section 382.0206 and will not
emit an air contaminant the emission of which would contribute to
the area's inclusion on the list;
(5) a single federal operating permit or
preconstruction permit for multiple federal sources or facilities
located at the same site;
(6) a multiple plant permit for existing facilities at
multiple locations subject to Section 382.0518 or 382.0519;
(7) an existing facility permit or existing facility
flexible permit under Section 382.05183;
(8) a small business stationary source permit under
Section 382.05184;
(9) an electric generating facility permit under
Section 382.05185 of this code and Section 39.264, Utilities Code;
(10) a pipeline facilities permit under Section
382.05186; or
(11) other permits as necessary.
SECTION 4. Section 382.0511, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) This subsection applies only to the permit for a
facility or federal source that is located in a geographic area
included on the commission's air pollutant watch list under Section
382.0206 and that emits an air contaminant that contributes to the
area's inclusion on the list. When a permit to which this
subsection applies is reopened for consideration of an amendment
under this section, the permit is considered reopened with respect
to any provision of the permit affecting the emission of an air
contaminant that contributes to the area's inclusion on the air
pollutant watch list from any facility or federal source authorized
by the permit.
SECTION 5. Section 382.055, Health and Safety Code, is
amended by amending Subsections (d) and (e) and adding Subsections
(e-1) and (e-2) to read as follows:
(d) In determining whether and under which conditions a
preconstruction permit should be renewed, the commission shall
consider, at a minimum:
(1) the performance of the owner or operator of the
facility according to the method developed by the commission under
Section 5.754, Water Code; [and]
(2) the condition and effectiveness of existing
emission control equipment and practices;
(3) whether the emissions from the facility will
contravene the intent of this chapter, including the intent of this
chapter to protect public health and physical property; and
(4) whether the facility is located in a geographic
area included on the commission's air pollutant watch list under
Section 382.0206, if the facility emits an air contaminant that
contributes to the area's inclusion on the list.
(e) The commission shall impose as a condition for renewal
of a preconstruction permit only those requirements the commission
determines to be economically reasonable and technically
practicable considering the age of the facility and the effect of
its emissions on the surrounding area.
(e-1) The commission shall [may not] impose requirements
more stringent than those of the existing permit if [unless] the
commission determines that the requirements are necessary to:
(1) avoid a condition of air pollution;
(2) [or to] ensure compliance with otherwise
applicable federal or state air quality control requirements; or
(3) protect public health in a geographic area
included on the commission's air pollutant watch list under Section
382.0206.
(e-2) The commission may not impose requirements less
stringent than those of the existing permit unless the commission
determines that a proposed change will meet the requirements of
Sections 382.0518 and 382.0541.
SECTION 6. The change in law made by this Act applies only
to an application for a permit, permit amendment, or permit renewal
that is submitted to the Texas Commission on Environmental Quality
on or after the effective date of this Act. An application for a
permit, permit amendment, or permit renewal that is submitted to
the Texas Commission on Environmental Quality before the effective
date of this Act is governed by the law in effect at the time the
application was filed, and the former law is continued in effect for
that purpose.
SECTION 7. This Act takes effect September 1, 2009.