88R3222 MP-D
By: Bell of Kaufman H.B. No. 4536
A BILL TO BE ENTITLED
AN ACT
relating to the renewal and review of certain air quality permits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 382.05195(e), (f), and (k), Health and
Safety Code, are amended to read as follows:
(e) The commission by rule shall establish procedures for
the amendment of a standard permit and for an application for, the
issuance of, the renewal of, and the revocation of an authorization
to use a standard permit. The commission shall evaluate the
protectiveness of each standard permit issued under this section at
least once every six years. Each authorization to use a standard
permit issued under this section is subject to review at least once
every six years to determine whether the authority to operate
should be renewed.
(f) The commission shall require a [A] facility authorized
to emit air contaminants under a standard permit to [shall] comply
with an amendment to the standard permit beginning on a [the] date
that is not later than the date the facility's authorization to use
the standard permit is renewed [or the date the commission
otherwise provides]. Before the date the facility is required to
comply with the amendment, the standard permit, as it read before
the amendment, applies to the facility.
(k) An application for an authorization to use [the issuance
of] a standard permit under this section for a concrete plant that
performs wet batching, dry batching, or central mixing, including a
permanent, temporary, or specialty concrete batch plant, as defined
by the commission, must include a plot plan that clearly shows:
(1) a distance scale;
(2) a north arrow;
(3) all property lines, emission points, buildings,
tanks, and process vessels and other process equipment in the area
in which the facility will be located;
(4) at least two benchmark locations in the area in
which the facility will be located; and
(5) if the permit requires a distance, setback, or
buffer from other property or structures as a condition of the
permit, whether the required distance or setback will be met.
SECTION 2. Section 382.05198(c), Health and Safety Code, is
amended to read as follows:
(c) An application for an authorization to use [the issuance
of] a standard permit under this section must include a plot plan
that meets the requirements of Section 382.05195(k).
SECTION 3. Section 382.055(a), Health and Safety Code, is
amended to read as follows:
(a) A preconstruction permit issued or renewed by the
commission is subject to review to determine whether the authority
to operate should be renewed according to the following schedule:
(1) a preconstruction permit issued before December 1,
1991, is subject to review not later than 15 years after the date of
issuance;
(2) a preconstruction permit issued on or after
December 1, 1991, is subject to review:
(A) every six [10] years after the date of
issuance; or
(B) on the filing of an application for an
amendment to the permit, if:
(i) the applicant is subject to Section
382.056;
(ii) the application is filed with the
commission not more than three years before the date the permit is
scheduled to expire; and
(iii) the applicant does not object to
having the permit subjected to review at that time; and
(3) for cause, a preconstruction permit issued on or
after December 1, 1991, for a facility at a nonfederal source may
contain a provision requiring the permit to be renewed at a period
of between five and six [10] years.
SECTION 4. (a) Not later than March 1, 2024, the Texas
Commission on Environmental Quality shall adopt rules necessary to
implement the changes in law made by this Act.
(b) After the effective date of this Act, notwithstanding
the changes in law made by this Act to Sections 382.05195 and
382.055, Health and Safety Code, the Texas Commission on
Environmental Quality may authorize the use of a permit or
authorization to use a permit issued before the effective date of
this Act until the date the permit or authorization would have been
eligible for renewal under the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 5. This Act takes effect September 1, 2023.