reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 382.05196 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.05196. Permits by Rule

Sec. 382.05196.  PERMITS BY RULE.  (a)  Consistent with Section 382.051, the commission may adopt permits by rule for certain types of facilities if it is found on investigation that the types of facilities will not make a significant contribution of air contaminants to the atmosphere.  The commission may not adopt a permit by rule authorizing any facility defined as "major" under any applicable preconstruction permitting requirements of the federal Clean Air Act (42 U.S.C. Section 7401 et seq.) or regulations adopted under that Act.  Nothing in this subsection shall be construed to limit the commission's general power to control the state's air quality under Section 382.011(a).(b)  The commission by rule shall specifically define the terms and conditions for a permit by rule under this section.|Added by Acts 1999, 76th Leg., ch. 406, Sec. 5, eff. Aug. 30, 1999.|
TX Health & Safety Code § 382.051961 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.051961. Permit for Certain Oil and Gas Facilities

Sec. 382.051961.  PERMIT FOR CERTAIN OIL AND GAS  FACILITIES.  (a)  This section applies only 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)  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 relating to a facility to which this section applies unless the commission:(1)  conducts a regulatory analysis as provided by Section 2001.0225, Government Code;(2)  determines, based on the evaluation of credible air quality monitoring data, that the emissions limits or other emissions-related requirements of the permit are necessary to ensure that the intent of this chapter is not contravened, including the protection of the public's health and physical property;(3)  establishes any required emissions limits or other emissions-related requirements based on:(A)  the evaluation of credible air quality monitoring data; and(B)  credible air quality modeling that is not based on the worst-case scenario of emissions or other worst-case modeling scenarios unless the actual air quality monitoring data and evaluation of that data indicate that the worst-case scenario of emissions or other worst-case modeling scenarios yield modeling results that reflect the actual air quality monitoring data and evaluation; and(4)  considers whether the requirements of the permit should be imposed only on facilities that are located in a particular geographic region of the state.(c)  The air quality monitoring data and the evaluation of that data under Subsection (b):(1)  must be relevant and technically and scientifically credible, as determined by the commission; and(2)  may be generated by an ambient air quality monitoring program conducted by or on behalf of the commission in any part of the state or by another governmental entity of this state, a local or federal governmental entity, or a private organization.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1080 (S.B. 1134), Sec. 1, eff. June 17, 2011.|
TX Health & Safety Code § 382.051962 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.051962. Authorization for Planned Maintenance, Start-Up, or Shutdown Activities Relating to Certain Oil and Gas Facilities

Sec. 382.051962.  AUTHORIZATION FOR PLANNED MAINTENANCE, START-UP, OR SHUTDOWN ACTIVITIES RELATING TO CERTAIN OIL AND GAS FACILITIES.  (a)  In this section, "planned maintenance, start-up, or shutdown activity" means an activity with emissions or opacity that:(1)  is not expressly authorized by commission permit, rule, or order and involves the  maintenance, start-up, or shutdown of a facility;(2)  is part of normal or routine facility operations;(3)  is predictable as to timing; and(4)  involves the type of emissions normally authorized by permit.(b)  The commission may adopt one or more permits by rule or one or more standard permits and may amend one or more existing permits by rule or standard permits to authorize planned maintenance, start-up, or shutdown activities for facilities described by Section 382.051961(a).  The adoption or amendment of a permit under this subsection must comply with Section 382.051961(b).(c)  An unauthorized emission or opacity event from a planned maintenance, start-up, or shutdown activity is subject to an affirmative defense as established by commission rules as those rules exist on the effective date of this section if:(1)  the emission or opacity event occurs at a facility described by Section 382.051961(a);(2)  an application or registration to authorize the planned maintenance, start-up, or shutdown activities of the facility is submitted to the commission on or before the earlier of:(A)  January 5, 2014; or(B)  the 120th day after the effective date of a new or amended permit adopted by the commission under Subsection (b); and(3)  the affirmative defense criteria in the rules are met.(d)  The affirmative defense described by Subsection (c) is not available for a facility on or after the date that an application or registration to authorize the planned maintenance, start-up, or shutdown activities of the facility is approved, denied, or voided.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1080 (S.B. 1134), Sec. 1, eff. June 17, 2011.|Sec. 382.051963.  AMENDMENT OF CERTAIN PERMITS.  (a)  A permit by rule or standard permit that has been adopted by the commission under this subchapter and is in effect on the effective date of this section may be amended to require:(1)  the permit holder to provide to the commission information about a facility authorized by the permit, including the location of the facility; and(2)  any facility handling sour gas to be a minimum distance from a recreational area, a residence, or another structure not occupied or used solely by the operator of the facility or by the owner of the property upon which the facility is located.(b)  The amendment of a permit under this section is not subject to Section 382.051961(b).|Added by Acts 2011, 82nd Leg., R.S., Ch. 1080 (S.B. 1134), Sec. 1, eff. June 17, 2011.|
TX Health & Safety Code § 382.051964 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.051964. Aggregation of Facilities

Sec. 382.051964.  AGGREGATION OF FACILITIES.  Notwithstanding any other provision of this chapter, the commission may not aggregate a facility that belongs to a Standard Industrial Classification code identified by Section 382.051961(a) with another facility that belongs to a Standard Industrial Classification code identified by that section for purposes of consideration as an oil and gas site, a stationary source, or another single source in a permit by rule or a standard permit unless the facilities being aggregated:(1)  are under the control of the same person or are under the control of persons under common control;(2)  belong to the same first two-digit major grouping of Standard Industrial Classification codes;(3)  are operationally dependant; and(4)  are located not more than one-quarter mile from a condensate tank, oil tank, produced water storage tank, or combustion facility that:(A)  is under the control of the same person who controls the facilities being aggregated or is under the control of persons under common control;(B)  belongs to the same first two-digit major grouping of Standard Industrial Classification codes as the facilities being aggregated; and(C)  is operationally dependant on the facilities being aggregated.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1080 (S.B. 1134), Sec. 1, eff. June 17, 2011.|
TX Health & Safety Code § 382.05197 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.05197. Multiple Plant Permit: Notice and Hearing

Sec. 382.05197.  MULTIPLE PLANT PERMIT:  NOTICE AND HEARING.  (a)  An applicant for a permit under Section 382.05194 shall publish notice of intent to obtain the permit in accordance with Section 382.056, except that the notice of a proposed multiple plant permit for existing facilities shall be published in one or more statewide or regional newspapers that provide reasonable notice throughout the state.  If the multiple plant permit for existing facilities will be effective for only part of the state, the notice shall be published in a newspaper of general circulation in the area to be affected.  The commission by rule may require that additional notice be given.(b)  The commission may authorize an applicant for a permit for an existing facility that constitutes or is part of a small business stationary source as defined in Section 5.135, Water Code, to provide notice using an alternative means if the commission finds that the proposed method will result in equal or better communication with the public, considering the effectiveness of the notice in reaching potentially affected persons, the cost, and the consistency with federal requirements.(c)  The commission shall provide an opportunity for a public hearing and the submission of public comment and send notice of a decision on an application for a permit under Section 382.05194 in the same manner as provided by Sections 382.0561 and 382.0562.(d)  A person affected by a decision of the commission to issue or deny a multiple plant permit may move for rehearing and is entitled to judicial review under Section 382.032.|Added by Acts 2001, 77th Leg., ch. 935, Sec. 2, eff. June 14, 2001.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 9.0035(d), eff. September 1, 2005.|
TX Health & Safety Code § 382.052 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.052. Permit to Construct or Modify Facility Within 3,000 Feet of School

Sec. 382.052.  PERMIT TO CONSTRUCT OR MODIFY FACILITY WITHIN 3,000 FEET OF SCHOOL.  In considering the issuance of a permit to construct or modify a facility within 3,000 feet of an elementary, junior high, or senior high school, the commission shall consider possible adverse short-term or long-term side effects of air contaminants or nuisance odors from the facility on the individuals attending the school facilities.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.163, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.053 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.053. Prohibition on Issuance of Construction Permit for Lead Smelting Plant at Certain Locations

Sec. 382.053.  PROHIBITION ON ISSUANCE OF CONSTRUCTION PERMIT FOR LEAD SMELTING PLANT AT CERTAIN LOCATIONS.  (a)  The commission may not grant a construction permit for a lead smelting plant at a site:(1)  located within 3,000 feet of an individual's residence;  and(2)  at which lead smelting operations have not been conducted before August 31, 1987.(b)  This section does not apply to:(1)  a modification of a lead smelting plant in operation on August 31, 1987; (2)  a lead smelting plant or modification of a plant with the capacity to produce not more than 200 pounds of lead each hour;  or(3)  a lead smelting plant that, when the plant began operation, was located more than 3,000 feet from the nearest residence.(c)  In this section, "lead smelting plant" means a facility operated as a smeltery for processing lead.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.164, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.054 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.054. Federal Operating Permit

Sec. 382.054.  FEDERAL OPERATING PERMIT.  Subject to Section 382.0511(c), a person may not operate a federal source unless the person has obtained a federal operating permit from the commission under Section 382.0541, 382.0542, or 382.0543.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.09, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 485, Sec. 10, eff. June 9, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.165, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.0562 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.0562. Notice of Decision

Sec. 382.0562.  NOTICE OF DECISION.  (a)  The commission or its designee shall send notice of a proposed final action on a federal operating permit by first-class mail or electronic communication to the applicant and all persons who comment during the public comment period or at the public hearing.  The notice shall include a response to any comment submitted during the public comment period and shall identify any change in the conditions of the draft permit and the reasons for the change.(b)  The notice required by Subsection (a) shall:(1)  state that any person affected by the decision of the commission or its designee may petition the administrator in accordance with Section 382.0563 and rules adopted under that section;(2)  state the date by which the petition must be filed;  and(3)  explain the petition process.|Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.13, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 485, Sec. 17, eff. June 9, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.169, eff. Sept. 1, 1995.Amended by: Acts 2017, 85th Leg., R.S., Ch. 381 (H.B. 4181), Sec. 2, eff. September 1, 2017.|
TX Health & Safety Code § 382.0563 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.0563. Public Petition to the Administrator

Sec. 382.0563.  PUBLIC PETITION TO THE ADMINISTRATOR.  (a)  The commission by rule may provide for public petitions to the administrator in accordance with Section 505 of the federal Clean Air Act (42 U.S.C. Section 7661d).(b)  The petition for review to the administrator under this section does not affect:(1)  a permit issued by the commission or its designee;  or(2)  the finality of the commission's or its designee's action for purposes of an appeal under Section 382.032.(c)  The commission or its designee shall resolve any objection that the United States Environmental Protection Agency makes and terminate, modify, or revoke and reissue the permit in accordance with the objection not later than the 90th day after the date the commission receives the objection.|Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.13.  Amended by Acts 1993, 73rd Leg., ch. 485, Sec. 18, eff. June 9, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.169, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.0564 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.0564. Notification to Other Governmental Entities

Sec. 382.0564.  NOTIFICATION TO OTHER GOVERNMENTAL ENTITIES.  The commission by rule may allow for notification of and review by the administrator and affected states of permit applications, revisions, renewals, or draft permits prepared under Sections 382.054-382.0543.|Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.13, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 485, Sec. 19, eff. June 9, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.169, eff. Sept. 1, 1995.|
TX Health & Safety Code § 382.0565 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.0565. Clean Coal Project Permitting Procedure

Sec. 382.0565.  CLEAN COAL PROJECT PERMITTING PROCEDURE.  (a)  The United States Department of Energy may specify the FutureGen emissions profile for a project in that department's request for proposals or request for a contract.  If the United States Department of Energy does not specify in a request for proposals or a request for a contract the FutureGen emissions profile, the profile means emissions of air contaminants at a component of the FutureGen project, as defined by Section 5.001, Water Code, that equal not more than:(1)  one percent of the average sulphur content of the coal or coals used for the generation of electricity at the component;(2)  10 percent of the average mercury content of the coal or coals used for the generation of electricity at the component;(3)  0.05 pounds of nitrogen oxides per million British thermal units of energy produced at the component; and(4)  0.005 pounds of particulate matter per million British thermal units of energy produced at the component.(b)  As authorized by federal law, the commission by rule shall implement reasonably streamlined processes for issuing permits required to construct a component of the FutureGen project designed to meet the FutureGen emissions profile.(c)  When acting under a rule adopted under Subsection (b), the commission shall use public meetings, informal conferences, or advisory committees to gather the opinions and advice of interested persons.(d)  The permit processes authorized by this section are not subject to the requirements relating to a contested case hearing under this chapter, Chapter 5, Water Code, or Subchapters C-G, Chapter 2001, Government Code.(e)  This section does not apply to an application for a permit to construct or modify a new or existing coal-fired electric generating facility that will use pulverized or supercritical pulverized coal.|Added by Acts 2005, 79th Leg., Ch. 1097 (H.B. 2201), Sec. 3, eff. June 18, 2005.|
TX Health & Safety Code § 382.0566 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.0566. Advanced Clean Energy Project Permitting Procedure

Sec. 382.0566.  ADVANCED CLEAN ENERGY PROJECT PERMITTING PROCEDURE.  (a)  As authorized by federal law, not later than nine months after the executive director declares an application for a permit under this chapter for an advanced clean energy project to be administratively complete, the executive director shall complete its technical review of the application.(b)  The commission shall issue a final order issuing or denying the permit not later than nine months after the executive director declares the application technically complete.  The commission may extend the deadline set out in this subsection up to three months if it determines that the number of complex pending applications for permits under this chapter will prevent the commission from meeting the deadline imposed by this subsection without creating an extraordinary burden on the resources of the commission.(c)  The permit process authorized by this section is subject to the requirements relating to a contested case hearing under this chapter, Chapter 5, Water Code, or Subchapters C-G, Chapter 2001, Government Code, as applicable.(d)  The commission shall adopt rules to implement this section.|Added by Acts 2007, 80th Leg., R.S., Ch. 1277 (H.B. 3732), Sec. 3, eff. September 1, 2007.|
TX Health & Safety Code § 382.0567 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.0567. Proof That Technology Is Commercially Feasible Not Required; Consideration of Technology to Be Achievable for Certain Purposes Prohibited

Sec. 382.0567.  PROOF THAT TECHNOLOGY IS COMMERCIALLY FEASIBLE NOT REQUIRED; CONSIDERATION OF TECHNOLOGY TO BE ACHIEVABLE FOR CERTAIN PURPOSES PROHIBITED.  (a)  An applicant for a permit under this chapter for a project in connection with which advanced clean energy technology, federally qualified clean coal technology, or another technology is proposed to be used is not required to prove, as part of an analysis of whether the project will use the best available control technology or reduce emissions to the lowest achievable rate, that the technology proposed to be used has been demonstrated to be feasible in a commercial operation.(b)  The commission may not consider any technology or level of emission reduction to be achievable for purposes of a best available control technology analysis or lowest achievable emission rate analysis conducted by the commission under another provision of this chapter solely because the technology is used or the emission reduction is achieved by a facility receiving an incentive as an advanced clean energy project or new technology project, as described by Section 391.002.|Added by Acts 2007, 80th Leg., R.S., Ch. 1277 (H.B. 3732), Sec. 3, eff. September 1, 2007.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 4, eff. September 1, 2009.|
TX Health & Safety Code § 382.057 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle C - Air Quality|Chapter 382 - Clean Air Act|Subchapter C. Permits|Section 382.057. Exemption

Sec. 382.057.  EXEMPTION.  (a)  Consistent with Section 382.0511, the commission by rule may exempt from the requirements of Section 382.0518 changes within any facility if it is found on investigation that such changes will not make a significant contribution of air contaminants to the atmosphere.  The commission by rule shall exempt from the requirements of Section 382.0518 or issue a standard permit for the installation of emission control equipment that constitutes a modification or a new facility, subject to such conditions restricting the applicability of such exemption or standard permit that the commission deems necessary to accomplish the intent of this chapter.  The commission may not exempt any modification of an existing facility defined as "major" under any applicable preconstruction permitting requirements of the federal Clean Air Act or regulations adopted under that Act.  Nothing in this subsection shall be construed to limit the commission's general power to control the state's air quality under Section 382.011(a).(b)  The commission shall adopt rules specifically defining the terms and conditions for an exemption under this section in a nonattainment area as defined by Title I of the federal Clean Air Act (42 U.S.C. Section 7401 et seq.).|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.14, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 485, Sec. 20, eff. June 9, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.169, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1125, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 406, Sec. 6, eff. Aug. 30, 1999.|