By: Hegar S.B. No. 1134
A BILL TO BE ENTITLED
AN ACT
relating to air permitting requirements for certain oil and
gas facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 382, Health and Safety Code, is amended
by adding Section 382.051961 to read as follows:
Sec. 382.051961. AUTHORIZATIONS RELATING TO CERTAIN OIL AND
GAS FACILITIES. (a) This section applies to new facilities or
modifications of existing facilities that belong to Standard
Industrial Classification Codes 1311 (Crude Petroleum and Natural
Gas), 1321 (Natural Gas Liquids), 4612 (Crude Petroleum Pipelines),
4613 (Refined Petroleum Pipelines), 4922 (Natural Gas
Transmission), and 4923 (Natural Gas Transmission and
Distribution).
(b) Notwithstanding other requirements of this Chapter, the
commission may not adopt a new permit by rule or a new standard
permit, or amend an existing permit by rule or an existing standard
permit, that relates to facilities described in Subsection (a),
unless the commission:
(1) conducts a regulatory analysis of a major
environmental rule, as described in Section 2001.0225, Government
Code;
(2) finds that credible air quality monitoring data
and the evaluations of such data indicate that the emissions limits
or other requirements of the new permit by rule or standard permit
or the amendments to an existing permit by rule or standard permit
are necessary to protect public health and physical property;
(3) establishes emissions limits or other
requirements based on:
(A) the air quality monitoring data and
evaluations identified in Subdivision (b)(2); and
(B) credible air quality modeling that is not
based on worst-case emissions or other worst-case modeling inputs
unless the actual air quality monitoring data and evaluation
identified in Subdivision (b)(2) indicate that the worst-case
emissions or worst-case modeling inputs yield modeling results that
are reflective of the actual air quality monitoring data and
evaluation; and
(4) considers whether the applicability of the new
permit by rule or standard permit, or amendments to the existing
permit by rule or standard permit, should be limited to facilities
that are located in one or more certain geographic regions of the
state.
SECTION 2. Chapter 382, Health and Safety Code, is amended
by adding Section 382.051962 to read as follows:
Sec. 382.051962. AUTHORIZATION FOR PLANNED MAINTENANCE,
STARTUP, OR SHUTDOWN ACTIVITIES RELATING TO CERTAIN OIL AND GAS
FACILITIES. (a) In this Subsection, "planned maintenance,
startup, or shutdown activity" means an activity with emissions or
opacity that is:
(1) not expressly authorized by commission permit,
rule or order and involves the maintenance, startup, or shutdown of
a facility;
(2) part of normal or routine facility operations;
(3) predictable as to timing; and
(4) the type of emissions normally authorized by
permit.
(b) For facilities that belong to a Standard Industrial
Classification Code that is identified in Section 382.051961(a),
the commission may adopt one or more permits by rule and one or more
standard permits, or amend one or more existing permits by rule or
standard permits, to authorize planned maintenance, startup or
shutdown activities from such facilities. If the commission adopts
or amends a permit by rule or standard permit under this Section,
the commission shall meet the requirements of Section
382.051961(b).
SECTION 3. (a) Sections 382.051961 and 382.051962, Health
and Safety Code, as added by this Act, apply only to a new permit by
rule or a new standard permit, or any amendment to an existing
permit by rule or amendment to an existing standard permit, that is
adopted by the commission after the effective date of this Act.
(b) A permit by rule or standard permit that has been
adopted by the commission and is in effect on the effective date of
this Act is not subject to Sections 382.051961 and 382.051962,
Health and Safety Code, as added by this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.