Texas 2009 - 81st Regular

Texas House Bill HB1071 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2091 JJT-D
2	2	By: Vo H.B. No. 1071
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to controlling the emissions of certain hazardous air
8	8	contaminants in identified areas of this state under the Texas
9	9	Clean Air Act.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 382.0205, Health and Safety Code, is
12	12	amended to read as follows:
13	13	Sec. 382.0205. SPECIAL PROBLEMS RELATED TO AIR CONTAMINANT
14	14	EMISSIONS. Consistent with applicable federal law, the commission
15	15	by rule may control air contaminants as necessary to protect
16	16	against adverse effects related to:
17	17	(1) acid deposition;
18	18	(2) stratospheric changes, including depletion of
19	19	ozone; [and]
20	20	(3) climatic changes, including global warming; and
21	21	(4) the emission of a hazardous air pollutant listed
22	22	under Section 112 of the federal Clean Air Act (42 U.S.C. Section
23	23	7412).
24	24	SECTION 2. Subchapter B, Chapter 382, Health and Safety
25	25	Code, is amended by adding Section 382.0206 to read as follows:
26	26	Sec. 382.0206. AIR POLLUTANT WATCH LIST. (a) The
27	27	commission shall establish and maintain an air pollutant watch
28	28	list. The air pollutant watch list must identify the geographic
29	29	areas of the state in which the ambient air concentration levels of
30	30	one or more air contaminants may cause short-term or long-term
31	31	adverse human health effects or odors, as determined by the
32	32	commission based on modeling or monitoring.
33	33	(b) The commission shall publish notice of and allow public
34	34	comment on:
35	35	(1) an addition of an air contaminant to or removal of
36	36	an air contaminant from the air pollutant watch list; or
37	37	(2) an addition of an area to or removal of an area
38	38	from the air pollutant watch list.
39	39	SECTION 3. Section 382.051(b), Health and Safety Code, is
40	40	amended to read as follows:
41	41	(b) To assist in fulfilling its authorization provided by
42	42	Subsection (a), the commission may issue:
43	43	(1) special permits for certain facilities;
44	44	(2) a general permit for numerous similar sources
45	45	subject to Section 382.054;
46	46	(3) a standard permit for similar facilities;
47	47	(4) a permit by rule for types of facilities that:
48	48	(A) will not significantly contribute air
49	49	contaminants to the atmosphere; and
50	50	(B) are not located in a geographic area included
51	51	on the air pollutant watch list under Section 382.0206 and will not
52	52	emit an air contaminant the emission of which would contribute to
53	53	the area's inclusion on the list;
54	54	(5) a single federal operating permit or
55	55	preconstruction permit for multiple federal sources or facilities
56	56	located at the same site;
57	57	(6) a multiple plant permit for existing facilities at
58	58	multiple locations subject to Section 382.0518 or 382.0519;
59	59	(7) an existing facility permit or existing facility
60	60	flexible permit under Section 382.05183;
61	61	(8) a small business stationary source permit under
62	62	Section 382.05184;
63	63	(9) an electric generating facility permit under
64	64	Section 382.05185 of this code and Section 39.264, Utilities Code;
65	65	(10) a pipeline facilities permit under Section
66	66	382.05186; or
67	67	(11) other permits as necessary.
68	68	SECTION 4. Section 382.0511, Health and Safety Code, is
69	69	amended by adding Subsection (f) to read as follows:
70	70	(f) This subsection applies only to the permit for a
71	71	facility or federal source that is located in a geographic area
72	72	included on the commission's air pollutant watch list under Section
73	73	382.0206 and that emits an air contaminant that contributes to the
74	74	area's inclusion on the list. When a permit to which this
75	75	subsection applies is reopened for consideration of an amendment
76	76	under this section, the permit is considered reopened with respect
77	77	to any provision of the permit affecting the emission of an air
78	78	contaminant that contributes to the area's inclusion on the air
79	79	pollutant watch list from any facility or federal source authorized
80	80	by the permit.
81	81	SECTION 5. Section 382.055, Health and Safety Code, is
82	82	amended by amending Subsections (d) and (e) and adding Subsections
83	83	(e-1) and (e-2) to read as follows:
84	84	(d) In determining whether and under which conditions a
85	85	preconstruction permit should be renewed, the commission shall
86	86	consider, at a minimum:
87	87	(1) the performance of the owner or operator of the
88	88	facility according to the method developed by the commission under
89	89	Section 5.754, Water Code; [and]
90	90	(2) the condition and effectiveness of existing
91	91	emission control equipment and practices;
92	92	(3) whether the emissions from the facility will
93	93	contravene the intent of this chapter, including the intent of this
94	94	chapter to protect public health and physical property; and
95	95	(4) whether the facility is located in a geographic
96	96	area included on the commission's air pollutant watch list under
97	97	Section 382.0206, if the facility emits an air contaminant that
98	98	contributes to the area's inclusion on the list.
99	99	(e) The commission shall impose as a condition for renewal
100	100	of a preconstruction permit only those requirements the commission
101	101	determines to be economically reasonable and technically
102	102	practicable considering the age of the facility and the effect of
103	103	its emissions on the surrounding area.
104	104	(e-1) The commission shall [may not] impose requirements
105	105	more stringent than those of the existing permit if [unless] the
106	106	commission determines that the requirements are necessary to:
107	107	(1) avoid a condition of air pollution;
108	108	(2) [or to] ensure compliance with otherwise
109	109	applicable federal or state air quality control requirements; or
110	110	(3) protect public health in a geographic area
111	111	included on the commission's air pollutant watch list under Section
112	112	382.0206.
113	113	(e-2) The commission may not impose requirements less
114	114	stringent than those of the existing permit unless the commission
115	115	determines that a proposed change will meet the requirements of
116	116	Sections 382.0518 and 382.0541.
117	117	SECTION 6. The change in law made by this Act applies only
118	118	to an application for a permit, permit amendment, or permit renewal
119	119	that is submitted to the Texas Commission on Environmental Quality
120	120	on or after the effective date of this Act. An application for a
121	121	permit, permit amendment, or permit renewal that is submitted to
122	122	the Texas Commission on Environmental Quality before the effective
123	123	date of this Act is governed by the law in effect at the time the
124	124	application was filed, and the former law is continued in effect for
125	125	that purpose.
126	126	SECTION 7. This Act takes effect September 1, 2009.