Texas 2011 - 82nd Regular

Texas House Bill HB3110 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	82R21335 JAM-F
2	2	By: Craddick H.B. No. 3110
3	3	Substitute the following for H.B. No. 3110:
4	4	By: Crownover C.S.H.B. No. 3110
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the issuance of permits for certain facilities
10	10	regulated by the Texas Commission on Environmental Quality.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 382, Health and Safety
13	13	Code, is amended by adding Sections 382.051961, 382.051962, and
14	14	382.051963 to read as follows:
15	15	Sec. 382.051961. PERMIT FOR CERTAIN OIL AND GAS
16	16	FACILITIES. (a) This section applies only to new facilities or
17	17	modifications of existing facilities that belong to Standard
18	18	Industrial Classification Codes 1311 (Crude Petroleum and Natural
19	19	Gas), 1321 (Natural Gas Liquids), 4612 (Crude Petroleum Pipelines),
20	20	4613 (Refined Petroleum Pipelines), 4922 (Natural Gas
21	21	Transmission), and 4923 (Natural Gas Transmission and
22	22	Distribution).
23	23	(b) The commission may not adopt a new permit by rule or a
24	24	new standard permit or amend an existing permit by rule or an
25	25	existing standard permit relating to a facility to which this
26	26	section applies unless the commission:
27	27	(1) conducts a regulatory analysis as provided by
28	28	Section 2001.0225, Government Code;
29	29	(2) determines, based on the evaluation of credible
30	30	air quality monitoring data, that the emissions limits or other
31	31	emissions-related requirements of the permit are necessary to
32	32	ensure that the intent of this chapter is not contravened,
33	33	including the protection of public health and physical property;
34	34	(3) establishes any required emissions limits or other
35	35	requirements based on:
36	36	(A) the evaluation of credible air quality
37	37	monitoring data; and
38	38	(B) credible air quality modeling that is not
39	39	based on the worst-case scenario of emissions or other worst-case
40	40	modeling scenarios unless the actual air quality monitoring data
41	41	and evaluation of that data indicate that the worst-case scenario
42	42	of emissions or other worst-case modeling scenarios yield modeling
43	43	results that reflect the actual air quality monitoring data and
44	44	evaluation; and
45	45	(4) considers whether the requirements of the permit
46	46	should be imposed only on facilities that are located in a
47	47	particular geographic region of the state.
48	48	Sec. 382.051962. AUTHORIZATION FOR PLANNED MAINTENANCE,
49	49	START-UP, OR SHUTDOWN ACTIVITIES RELATING TO CERTAIN OIL AND GAS
50	50	FACILITIES. (a) In this section, "planned maintenance, start-up,
51	51	or shutdown activity" means an activity with emissions or opacity
52	52	that:
53	53	(1) is not expressly authorized by commission permit,
54	54	rule, or order and involves the maintenance, start-up, or shutdown
55	55	of a facility;
56	56	(2) is part of normal or routine facility operations;
57	57	(3) is predictable as to timing; and
58	58	(4) involves the type of emissions normally authorized
59	59	by permit.
60	60	(b) The commission may adopt one or more permits by rule or
61	61	one or more standard permits and may amend one or more existing
62	62	permits by rule or standard permits to authorize planned
63	63	maintenance, start-up, or shutdown activities for facilities
64	64	described by Section 382.051961(a). The adoption or amendment of a
65	65	permit under this subsection must comply with Section
66	66	382.051961(b).
67	67	(c) An unauthorized emission or opacity event from a planned
68	68	maintenance, start-up, or shutdown activity is subject to an
69	69	affirmative defense as established by commission rules as those
70	70	rules exist on the effective date of this section if:
71	71	(1) the emission or opacity event occurs at a facility
72	72	described by Section 382.051961(a); and
73	73	(2) the affirmative defense criteria in the rules are
74	74	met.
75	75	(d) The affirmative defense described by Subsection (c) is
76	76	not available for a facility on or after:
77	77	(1) the date that an application or registration to
78	78	authorize the planned maintenance, start-up, or shutdown
79	79	activities of the facility is approved, denied, or voided; or
80	80	(2) January 5, 2014, unless an application or
81	81	registration to authorize the planned maintenance, start-up, or
82	82	shutdown activities of the facility is pending before the
83	83	commission on that date.
84	84	Sec. 382.051963. AMENDMENT OF CERTAIN PERMITS. (a) A
85	85	permit by rule or standard permit that has been adopted by the
86	86	commission under this subchapter and is in effect on the effective
87	87	date of this section may be amended to require:
88	88	(1) the permit holder to provide to the commission
89	89	information about a facility authorized by the permit, including
90	90	the location of the facility; and
91	91	(2) any facility handling sour gas to be a minimum
92	92	distance from a recreational area, a residence, or another
93	93	structure not occupied or used solely by the operator of the
94	94	facility or by the owner of the property upon which the facility is
95	95	located.
96	96	(b) The amendment of a permit under this section is not
97	97	subject to Section 382.051961(b).
98	98	SECTION 2. (a) Sections 382.051961, 382.051962, and
99	99	382.051963, Health and Safety Code, as added by this Act, apply only
100	100	to a new permit by rule or a new standard permit or any amendment to
101	101	an existing permit by rule or amendment to an existing standard
102	102	permit adopted by the Texas Commission on Environmental Quality on
103	103	or after the effective date of this Act.
104	104	(b) A permit by rule or standard permit adopted by the Texas
105	105	Commission on Environmental Quality and in effect before the
106	106	effective date of this Act is not subject to Sections 382.051961 and
107	107	382.051962, Health and Safety Code, as added by this Act.
108	108	SECTION 3. This Act takes effect immediately if it receives
109	109	a vote of two-thirds of all the members elected to each house, as
110	110	provided by Section 39, Article III, Texas Constitution. If this
111	111	Act does not receive the vote necessary for immediate effect, this
112	112	Act takes effect September 1, 2011.