Texas 2023 - 88th Regular

Texas House Bill HB4536 Compare Versions

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1	1	88R3222 MP-D
2	2	By: Bell of Kaufman H.B. No. 4536
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the renewal and review of certain air quality permits.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 382.05195(e), (f), and (k), Health and
10	10	Safety Code, are amended to read as follows:
11	11	(e) The commission by rule shall establish procedures for
12	12	the amendment of a standard permit and for an application for, the
13	13	issuance of, the renewal of, and the revocation of an authorization
14	14	to use a standard permit. The commission shall evaluate the
15	15	protectiveness of each standard permit issued under this section at
16	16	least once every six years. Each authorization to use a standard
17	17	permit issued under this section is subject to review at least once
18	18	every six years to determine whether the authority to operate
19	19	should be renewed.
20	20	(f) The commission shall require a [A] facility authorized
21	21	to emit air contaminants under a standard permit to [shall] comply
22	22	with an amendment to the standard permit beginning on a [the] date
23	23	that is not later than the date the facility's authorization to use
24	24	the standard permit is renewed [or the date the commission
25	25	otherwise provides]. Before the date the facility is required to
26	26	comply with the amendment, the standard permit, as it read before
27	27	the amendment, applies to the facility.
28	28	(k) An application for an authorization to use [the issuance
29	29	of] a standard permit under this section for a concrete plant that
30	30	performs wet batching, dry batching, or central mixing, including a
31	31	permanent, temporary, or specialty concrete batch plant, as defined
32	32	by the commission, must include a plot plan that clearly shows:
33	33	(1) a distance scale;
34	34	(2) a north arrow;
35	35	(3) all property lines, emission points, buildings,
36	36	tanks, and process vessels and other process equipment in the area
37	37	in which the facility will be located;
38	38	(4) at least two benchmark locations in the area in
39	39	which the facility will be located; and
40	40	(5) if the permit requires a distance, setback, or
41	41	buffer from other property or structures as a condition of the
42	42	permit, whether the required distance or setback will be met.
43	43	SECTION 2. Section 382.05198(c), Health and Safety Code, is
44	44	amended to read as follows:
45	45	(c) An application for an authorization to use [the issuance
46	46	of] a standard permit under this section must include a plot plan
47	47	that meets the requirements of Section 382.05195(k).
48	48	SECTION 3. Section 382.055(a), Health and Safety Code, is
49	49	amended to read as follows:
50	50	(a) A preconstruction permit issued or renewed by the
51	51	commission is subject to review to determine whether the authority
52	52	to operate should be renewed according to the following schedule:
53	53	(1) a preconstruction permit issued before December 1,
54	54	1991, is subject to review not later than 15 years after the date of
55	55	issuance;
56	56	(2) a preconstruction permit issued on or after
57	57	December 1, 1991, is subject to review:
58	58	(A) every six [10] years after the date of
59	59	issuance; or
60	60	(B) on the filing of an application for an
61	61	amendment to the permit, if:
62	62	(i) the applicant is subject to Section
63	63	382.056;
64	64	(ii) the application is filed with the
65	65	commission not more than three years before the date the permit is
66	66	scheduled to expire; and
67	67	(iii) the applicant does not object to
68	68	having the permit subjected to review at that time; and
69	69	(3) for cause, a preconstruction permit issued on or
70	70	after December 1, 1991, for a facility at a nonfederal source may
71	71	contain a provision requiring the permit to be renewed at a period
72	72	of between five and six [10] years.
73	73	SECTION 4. (a) Not later than March 1, 2024, the Texas
74	74	Commission on Environmental Quality shall adopt rules necessary to
75	75	implement the changes in law made by this Act.
76	76	(b) After the effective date of this Act, notwithstanding
77	77	the changes in law made by this Act to Sections 382.05195 and
78	78	382.055, Health and Safety Code, the Texas Commission on
79	79	Environmental Quality may authorize the use of a permit or
80	80	authorization to use a permit issued before the effective date of
81	81	this Act until the date the permit or authorization would have been
82	82	eligible for renewal under the law in effect immediately before the
83	83	effective date of this Act, and the former law is continued in
84	84	effect for that purpose.
85	85	SECTION 5. This Act takes effect September 1, 2023.