Bill Text: TX HB4536 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the renewal and review of certain air quality permits.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to Environmental Regulation [HB4536 Detail]
Download: Texas-2023-HB4536-Introduced.html
88R3222 MP-D | ||
By: Bell of Kaufman | H.B. No. 4536 |
|
||
|
||
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 [ |
||
to emit air contaminants under a standard permit to [ |
||
with an amendment to the standard permit beginning on a [ |
||
that is not later than the date the facility's authorization to use | ||
the standard permit is renewed [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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. |