reglab/statecodes huggingface dataset:
2023 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 382.0512. Modification of Existing Facility

Sec. 382.0512.  MODIFICATION OF EXISTING FACILITY.  (a)  Except as provided in Subsection (b), in determining whether a proposed change at an existing facility is a modification, the commission may not consider the effect on emissions of:
(1)  any air pollution control method applied to a source;  or
(2)  any decreases in emissions from other sources.
(b)  In determining whether a proposed change at an existing facility that meets the criteria of Section 382.003(9)(E) results in a net increase in allowable emissions, the commission shall consider the effect on emissions of:
(1)  any air pollution control method applied to the facility;
(2)  any decreases in allowable emissions from other facilities that have received a preconstruction permit or permit amendment no earlier than 120 months before the change will occur;  and
(3)  any decreases in actual emissions from other facilities that meet the criteria of Section 382.003(9)(E)(i) or (ii).
(c)  Nothing in this section shall be construed to limit the application of otherwise applicable state or federal requirements, nor shall this section be construed to limit the commission's powers of enforcement under this chapter.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.08, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.161, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 150, Sec. 2, eff. May 19, 1995;  Acts 1999, 76th Leg., ch. 62, Sec. 11.04(b), eff. Sept. 1, 1999.
2023 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 382.0513. Permit Conditions

Sec. 382.0513.  PERMIT CONDITIONS.  The commission may establish and enforce permit conditions consistent with this chapter.  Permit conditions of general applicability shall be adopted by rule.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.08, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 485, Sec. 8, eff. June 9, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.161, eff. Sept. 1, 1995.
2023 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 382.0514. Sampling, Monitoring, and Certification

Sec. 382.0514.  SAMPLING, MONITORING, AND CERTIFICATION.  The commission may require, at the expense of the permit holder and as a condition of the permit:
(1)  sampling and monitoring of a permitted federal source or facility;
(2)  certification of the compliance of the owner or operator of the permitted federal source with the terms and conditions of the permit and with all applicable requirements;  and
(3)  a periodic report of:
(A)  the results of sampling and monitoring;  and
(B)  the certification of compliance.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.08, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 485, Sec. 9, eff. June 9, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.161, eff. Sept. 1, 1995.
2023 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 382.0515. Application for Permit

Sec. 382.0515.  APPLICATION FOR PERMIT.  A person applying for a permit shall submit to the commission:
(1)  a permit application;
(2)  copies of all plans and specifications necessary to determine if the facility or source will comply with applicable federal and state air control statutes, rules, and regulations and the intent of this chapter;  and
(3)  any other information the commission considers necessary.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.08, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.161, eff. Sept. 1, 1995.
2023 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 382.05155. Expedited Processing of Application

Sec. 382.05155.  EXPEDITED PROCESSING OF APPLICATION.  (a)  An applicant, in a manner prescribed by the commission, may request the expedited processing of an application filed under this chapter if the applicant demonstrates that the purpose of the application will benefit the economy of this state or an area of this state.
(b)  The executive director may grant an expedited processing request if the executive director determines that granting the request will benefit the economy of this state or an area of this state.
(c)  The expediting of an application under this section does not affect a contested case hearing or applicable federal, state, and regulatory requirements, including the notice, opportunity for a public hearing, and submission of public comment required under this chapter.
(d)  The commission by rule may add a surcharge to an application fee assessed under this chapter for an expedited application in an amount sufficient to cover the expenses incurred by the expediting, including overtime, costs of full-time equivalent commission employees to support the expedited processing of air permit applications, contract labor, and other costs. The surcharge is considered part of the application fee and shall be deposited with the fee to the credit of the clean air account established under Section 382.0622(b). Money from the surcharge collected under this section may be used to support the expedited processing of air permit applications under this section.
(e)  The commission may authorize the use of overtime, full-time equivalent commission employees to support the expedited processing of air permit applications, or contract labor to process expedited applications.  The overtime, full-time equivalent commission employees, or contract labor authorized under this section is not included in the calculation of the number of full-time equivalent commission employees allotted under other law.
(f)  The commission may pay for compensatory time, overtime, full-time equivalent commission employees supporting the expedited processing of air permit applications, or contract labor used to implement this section.  The commission is authorized to set the rate for overtime compensation for full-time equivalent commission employees supporting the expedited processing of air permit applications.
(g)  A rule adopted under this section must be consistent with Chapter 2001, Government Code.  A rule adopted under this section regarding notice must include a provision to require an indication that the application is being processed in an expedited manner.
Added by Acts 2013, 83rd Leg., R.S., Ch. 808 (S.B. 1756), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 393 (S.B. 698), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1173 (H.B. 3317), Sec. 16(a), eff. June 14, 2019.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 10.007, eff. September 1, 2021.
2023 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 382.0516. Notice to State Senator, State Representative, and Certain Local Officials

Sec. 382.0516.  NOTICE TO STATE SENATOR, STATE REPRESENTATIVE, AND CERTAIN LOCAL OFFICIALS.  (a)  On receiving an application for a construction permit or an amendment to a construction permit, a special permit, or an operating permit for a facility that may emit air contaminants, the commission shall send notice of the application to the state senator and representative who represent the area in which the facility is or will be located.
(b)  In addition to the notice required by Subsection (a), for an application that relates to an existing or proposed concrete batch plant, on receiving an application for a construction permit, an amendment to a construction permit, an operating permit, or an authorization to use a standard permit, the commission shall send notice of the application:
(1)  to the county judge of the county in which the facility is or will be located; and
(2)  if the facility is or will be located in a municipality or the extraterritorial jurisdiction of a municipality, to the presiding officer of the municipality's governing body.
Added by Acts 1991, 72nd Leg., ch. 236, Sec. 2, eff. Sept. 1, 1991.  Renumbered from Sec. 382.0511 by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.07, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.161, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1327, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 5.01, eff. September 1, 2007.
2023 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 382.0517. Determination of Administrative Completion of Application

Sec. 382.0517.  DETERMINATION OF ADMINISTRATIVE COMPLETION OF APPLICATION.  The commission shall determine when an application filed under Section 382.054 or Section 382.0518 is administratively complete.  On determination, the commission by mail shall notify the applicant and any interested party who has requested notification.  If the number of interested parties who have requested notification makes it impracticable for the commission to notify those parties by mail, the commission shall notify those parties by publication using the method prescribed by Section 382.031(a).
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.08, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.161, eff. Sept. 1, 1995.
2023 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 382.05182. Notice of Shutdown

Sec. 382.05182.  NOTICE OF SHUTDOWN.  (a)  Any notice submitted in compliance with this section must be filed with the commission by the dates in Section 382.05181(a).
(b)  A notice under this section shall include:
(1)  the date the facility intends to cease operating;
(2)  an inventory of the type and amount of emissions that will be eliminated when the facility ceases to operate;  and
(3)  any other necessary and relevant information the commission by rule deems appropriate.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 5.03, eff. Sept. 1, 2001.
2023 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 382.05183. Existing Facility Permit

Sec. 382.05183.  EXISTING FACILITY PERMIT.  (a)  The owner or operator of a facility affected by Section 382.0518(g) may apply for a permit to operate the facility under this section.
(b)  The commission shall grant a permit under this section if, from the information available to the commission, the commission finds that the facility will use a control method at least as beneficial as that described by Section 382.003(9)(E)(ii), considering the age and the remaining useful life of the facility.
(c)  The commission may issue an existing facility flexible permit for some or all of the facilities at a site affected by Section 382.0518(g) and facilities permitted under Section 382.0519 in order to implement the requirements of this section.  Permits issued under this subsection shall follow the same permit issuance, modification, and renewal procedures as existing facility permits.
(d)  If the commission finds that the emissions from the facility will contravene the standards under Subsection (b) or the intent of this chapter, including protection of the public's health and physical property, the commission may not grant the permit under this section.
(e)  A person planning the modification of a facility previously permitted under this section must comply with Section 382.0518 before modifying.
(f)  The commission may adopt rules as necessary to implement and administer this section.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 5.03, eff. Sept. 1, 2001.
2023 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 382.05184. Small Business Stationary Source Permit

Sec. 382.05184.  SMALL BUSINESS STATIONARY SOURCE PERMIT.  (a)  Facilities affected by Section 382.0518(g) that are located at a small business stationary source, as defined by Section 5.135, Water Code, and are not required by commission rule to report to the commission under Section 382.014 may apply for a permit under this section before September 1, 2004.
(b)  Facilities affected by Section 382.0518(g) that are located at a small business stationary source that does not have an application pending for a permit under this chapter, other than a permit required under Section 382.054, and that has not submitted a notice of shutdown under Section 382.05182, may not emit air contaminants on or after March 1, 2008.
(c)  The commission shall grant a permit under this section if, from the information available to the commission, the commission finds that there is no indication that the emissions from the facility will contravene the intent of this chapter, including protection of the public's health and physical property.
(d)  If the commission finds that the emissions from the facility will not comply with Subsection (c), the commission may not grant the permit under this section.
(e)  A person planning the modification of a facility previously permitted under this section must comply with Section 382.0518 before modifying.
(f)  A permit application under this section is not subject to notice and hearing requirements and is not subject to Chapter 2001, Government Code.
(g)  The commission may adopt rules as necessary to implement and administer this section.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 5.03, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 9.0035(b), eff. September 1, 2005.
2023 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 382.051865. Stationary Natural Gas Engines Used in Combined Heating and Power System

Sec. 382.051865.  STATIONARY NATURAL GAS ENGINES USED IN COMBINED HEATING AND POWER SYSTEM.  (a)  In this section, "natural gas engine" includes a natural gas internal combustion engine, natural gas stationary internal combustion reciprocating engine, and natural gas turbine.  The term does not include a natural gas engine that powers a motor vehicle as defined by Section 382.003(9-a), Health and Safety Code.
(b)  This section applies only to a stationary natural gas engine used in a combined heating and power system.
(c)  The commission shall issue a standard permit or permit by rule for stationary natural gas engines used in a combined heating and power system that establishes emission limits for air contaminants released by the engines.
(d)  The commission in adopting a standard permit or permit by rule under this section may consider:
(1)  the geographic location in which a stationary natural gas engine may be used, including the proximity to an area designated as a nonattainment area;
(2)  the total annual operating hours of a stationary natural gas engine;
(3)  the technology used by a stationary natural gas engine;
(4)  the types of fuel used to power a stationary natural gas engine; and
(5)  other emission control policies of the state.
(e)  The commission in adopting a standard permit or permit by rule under this section may not distinguish between the end-use functions powered by a stationary natural gas engine.
(f)  The commission must provide for the emission limits for stationary natural gas engines subject to this section to be measured in terms of air contaminant emissions per unit of total energy output.  The commission shall consider both the primary and secondary functions when determining the engine's emissions per unit of energy output.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1175 (H.B. 3268), Sec. 1, eff. June 17, 2011.
2023 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 382.051866. Emissions Reductions Incentives Account

Sec. 382.051866.  EMISSIONS REDUCTIONS INCENTIVES ACCOUNT.  (a)  In this section, "affiliate" means a person that directly or indirectly controls, is controlled by, or is under common control with another person.
(b)  The comptroller of public accounts shall establish an account within the clean air account to be known as the emissions reductions incentives account.
(c)  The emissions reductions incentives account consists of money from:
(1)  gifts, grants, or donations to the account for a designated or general use;
(2)  money from any other source the legislature designates;  and
(3)  the interest earned on money in the emissions reductions incentives account.
(d)  Money in the emissions reductions incentives account may be appropriated only to pay for emissions reduction project incentives under a program developed under Section 382.051867 and administrative expenses associated with providing the incentives or the incentive program established under that section.
(e)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1346, Sec. 3, eff. June 15, 2007.
(f)  The emissions reductions incentives account is exempt from the application of Section 403.095, Government Code.
Added by Acts 2003, 78th Leg., ch. 1023, Sec. 2, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1346 (S.B. 2000), Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1346 (S.B. 2000), Sec. 3, eff. June 15, 2007.
2023 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 382.0519. Voluntary Emissions Reduction Permit

Sec. 382.0519.  VOLUNTARY EMISSIONS REDUCTION PERMIT.  (a)  Before September 1, 2001, the owner or operator of an existing, unpermitted facility not subject to the requirement to obtain a permit under Section 382.0518(g) may apply for a permit to operate that facility under this section.
(b)  The commission shall grant within a reasonable time a permit under this section if, from the information available to the commission, including information presented at any public hearing or through written comment:
(1)  the commission finds that the facility will use an air pollution control method at least as beneficial as that described in Section 382.003(9)(E)(ii), considering the age and remaining useful life of the facility, except as provided by Subdivision (2);  or
(2)  for a facility located in a near-nonattainment or nonattainment area for a national ambient air quality standard, the commission finds that the facility will use the more stringent of:
(A)  a control method at least as beneficial as that described in Section 382.003(9)(E)(ii), considering the age and remaining useful life of the facility;  or
(B)  a control technology that the commission finds is demonstrated to be generally achievable for facilities in that area of the same type that are permitted under this section, considering the age and remaining useful life of the facility.
(c)  If the commission finds that the emissions from the facility will contravene the standards under Subsection (b) or the intent of this chapter, including protection of the public's health and physical property, the commission may not grant the permit under this section.
(d)  A person planning the modification of a facility previously permitted under this section must comply with Section 382.0518 before work is begun on the construction of the modification.
(e)  A permit issued by the commission under this section may defer the implementation of the requirement of reductions in the emissions of certain air contaminants only if the applicant will make substantial emissions reductions in other specific air contaminants.  The deferral shall be based on a prioritization of air contaminants by the commission as necessary to meet local, regional, and statewide air quality needs.
(f)  The commission shall give priority to the processing of applications for the issuance, amendment, or renewal of a permit for those facilities authorized under Section 382.0518(g) that are located less than two miles from the outer perimeter of a school, child day-care facility, hospital, or nursing home.
Added by Acts 1999, 76th Leg., ch. 406, Sec. 5, eff. Aug. 30, 1999.
2023 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 382.05191. Emissions Reduction Permits: Notice and Hearing

Sec. 382.05191.  EMISSIONS REDUCTION PERMITS:  NOTICE AND HEARING.  (a)  An applicant for a permit under Section 382.05183, 382.05185(c) or (d), 382.05186, or 382.0519 shall publish notice of intent to obtain the permit in accordance with Section 382.056.
(b)  The commission may authorize an applicant for a permit for a 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, cost, and 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 382.05183, 382.05185(c) or (d), 382.05186, or 382.0519 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 permit under Section 382.05183, 382.05185(c) or (d), or 382.05186 may move for rehearing and is entitled to judicial review under Section 382.032.
Added by Acts 1999, 76th Leg., ch. 406, Sec. 5, eff. Aug. 30, 1999.  Amended by Acts 2001, 77th Leg., ch. 965, Sec. 5.04, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 9.0035(c), eff. September 1, 2005.
2023 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 382.05192. Review and Renewal of Emissions Reduction and Multiple Plant Permits

Sec. 382.05192.  REVIEW AND RENEWAL OF EMISSIONS REDUCTION AND MULTIPLE PLANT PERMITS.  Review and renewal of a permit issued under Section 382.05183, 382.05185(c) or (d), 382.05186, 382.0519, or 382.05194 shall be conducted in accordance with Section 382.055.
Added by Acts 1999, 76th Leg., ch. 406, Sec. 5, eff. Aug. 30, 1999.  Amended by Acts 2001, 77th Leg., ch. 965, Sec. 5.05, eff. Sept. 1, 2001.
2023 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 382.05194. Multiple Plant Permit

Sec. 382.05194.  MULTIPLE PLANT PERMIT.  (a)  The commission may issue a multiple plant permit for multiple plant sites that are owned or operated by the same person or persons under common control if the commission finds that:
(1)  the aggregate rate of emission of air contaminants to be authorized under the permit does not exceed the total of:
(A)  for previously permitted facilities, the rates authorized in the existing permits;  and
(B)  for existing unpermitted facilities not subject to the requirement to obtain a preconstruction authorization under Section 382.0518(g) or for facilities authorized under Section 382.0519, the rates that would be authorized under Section 382.0519;  and
(2)  there is no indication that the emissions from the facilities will contravene the intent of this chapter, including protection of the public's health and physical property.
(b)  A permit issued under this section may not authorize emissions from any of the facilities authorized under the permit that exceed the facility's highest historic annual rate or the levels authorized in the facility's most recent permit.  In the absence of records extending back to the original construction of the facility, best engineering judgment shall be used to demonstrate the facility's highest historic annual rate to the commission.
(c)  Emissions control equipment previously installed at a facility permitted under this section may not be removed or disabled unless the action is undertaken to maintain or upgrade the control equipment or to otherwise reduce the impact of emissions authorized by the commission.
(d)  The commission by rule shall establish the procedures for application and approval for the use of a multiple plant permit.
(e)  For a multiple plant permit that applies only to existing facilities for which an application is filed before September 1, 2001, the issuance, amendment, or revocation by the commission of the permit is not subject to Chapter 2001, Government Code.
(f)  The commission may adopt rules as necessary to implement and administer this section and may delegate to the executive director under Section 382.061 the authority to issue, amend, or revoke a multiple plant permit.
Added by Acts 1999, 76th Leg., ch. 406, Sec. 5, eff. Aug. 30, 1999.  Amended by Acts 2001, 77th Leg., ch. 935, Sec. 1, eff. June 14, 2001.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 382.051985. Standard Permit for Certain Temporary Concrete Plants for Public Works

Sec. 382.051985.  STANDARD PERMIT FOR CERTAIN TEMPORARY CONCRETE PLANTS FOR PUBLIC WORKS.  (a)  The commission shall issue a standard permit that meets the requirements of Section 382.05195 for a temporary concrete plant that performs wet batching, dry batching, or central mixing to support a public works project.  A plant operating under the permit:
(1)  may not support a project that is not related to the public works project; and
(2)  must be located in or contiguous to the right-of-way of the public works project.
(b)  A plant permitted under this section may occupy a designated site for not more than 180 consecutive days or to supply material for a single project, but not other unrelated projects.
Added by Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 3, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.