82R10338 JXC-F
By: Farrar H.B. No. 3545
A BILL TO BE ENTITLED
AN ACT
relating to air contaminant emissions in air quality control
regions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.013, Health and Safety Code, is
amended to read as follows:
Sec. 382.013. AIR QUALITY CONTROL REGIONS. (a) In this
section, "new facility" means a facility for which a person applies
for a preconstruction permit on or after the date on which the
commission designates air quality control regions under this
section.
(b) The commission shall [may] designate air quality
control regions based on:
(1) jurisdictional boundaries;
(2) [,] urban-industrial concentrations;
(3) the proximity of sources in a proposed or existing
region to nonattainment areas in this state;
(4) the distances air contaminants have been
demonstrated to travel from sources and contribute to a condition
of air pollution;[,] and
(5) other factors, including atmospheric areas,
necessary to provide adequate implementation of air quality
standards and prevent air quality deterioration.
(c) For each air quality control region, the commission by
rule shall establish a maximum air contaminant emissions level for
the combined air contaminant emissions from all new facilities in
the region.
SECTION 2. Section 382.0513, Health and Safety Code, is
amended to read as follows:
Sec. 382.0513. PERMIT CONDITIONS. (a) The commission may
establish and enforce permit conditions consistent with this
chapter. Permit conditions of general applicability shall be
adopted by rule.
(b) In each air quality control region established under
Section 382.013, the commission shall impose permit conditions on a
regionwide basis as necessary to:
(1) ensure that the ambient air quality of an
attainment area does not deteriorate to the level of a
nonattainment area; and
(2) prevent further ambient air quality deterioration
in a nonattainment area.
SECTION 3. Section 382.0518(b), Health and Safety Code, is
amended to read as follows:
(b) The commission shall grant within a reasonable time a
permit or permit amendment to construct or modify a facility if,
from the information available to the commission, including
information presented at any hearing held under Section 382.056(k),
the commission finds:
(1) the proposed facility for which a permit, permit
amendment, or a special permit is sought will use at least the best
available control technology, considering the technical
practicability and economic reasonableness of reducing or
eliminating the emissions resulting from the facility; [and]
(2) emissions from the proposed facility would not
cause the maximum air contaminant emissions level established under
Section 382.013 to be exceeded; and
(3) no indication that the emissions from the facility
will contravene the intent of this chapter, including protection of
the public's health and physical property.
SECTION 4. The Texas Commission on Environmental Quality
shall designate air quality control regions and adopt rules to
establish maximum air contaminant emissions levels as required by
Section 382.013, Health and Safety Code, as amended by this Act, as
soon as practicable after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2011.