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 B. Powers and Duties of Commission › Section 382.0161. Air Pollutant Watch List

Sec. 382.0161.  AIR POLLUTANT WATCH LIST.  (a)  The commission shall establish and maintain an air pollutant watch list.  The air pollutant watch list must identify:
(1)  each air contaminant that the commission determines, on the basis of federal or state ambient air quality standards for the contaminant, should be included on the air pollutant watch list; and
(2)  each geographic area of the state for which ambient air quality monitoring data indicates that the individual or cumulative emissions of one or more air contaminants identified by the commission under Subdivision (1) may cause short-term or long-term adverse human health effects or odors in that area.
(b)  The commission shall publish notice of and allow public comment on:
(1)  an addition of an air contaminant to or removal of an air contaminant from the air pollutant watch list; or
(2)  an addition of an area to or removal of an area from the air pollutant watch list.
(c)  When considering the addition or removal of an area to or from the air pollutant watch list, the commission shall provide the monitoring data related to the area to the state senator and representative who represent the area.
(d)  The commission may hold a public meeting in an area listed on the air pollutant watch list to provide residents of the area with information regarding:
(1)  the reasons for the area's inclusion on the air pollutant watch list; and
(2)  commission actions to reduce the emissions of air contaminants contributing to the area's inclusion on the air pollutant watch list.
(e)  The air pollutant watch list and the addition or removal of a pollutant or area to or from the list are not matters subject to the requirements of Subchapter B, Chapter 2001, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 780 (H.B. 1981), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter B. Powers and Duties of Commission › Section 382.017. Rules

Sec. 382.017.  RULES.  (a)  The commission may adopt rules.  The commission shall hold a public hearing before adopting a rule consistent with the policy and purposes of this chapter.
(b)  If the rule will have statewide effect, notice of the date, time, place, and purpose of the hearing shall be published one time at least 20 days before the scheduled date of the hearing in at least three newspapers, the combined circulation of which will, in the commission's judgment, give reasonable circulation throughout the state.  If the rule will have effect in only a part of the state, the notice shall be published one time at least 20 days before the scheduled date of the hearing in a newspaper of general circulation in the area to be affected.
(c)  Any person may appear and be heard at a hearing to adopt a rule.  The executive director shall make a record of the names and addresses of the persons appearing at the hearing.  A person heard or represented at the hearing or requesting notice of the commission's action shall be sent by mail written notice of the commission's action.
(d)  Subsections (a) and (b) notwithstanding, the commission may adopt rules consistent with Chapter 2001, Government Code, if the commission determines that the need for expeditious adoption of proposed rules requires use of those procedures.
(e)  The terms and provisions of a rule adopted by the commission may differentiate among particular conditions, particular sources, and particular areas of the state.  In adopting a rule, the commission shall recognize that the quantity or characteristic of air contaminants or the duration of their presence in the atmosphere may cause a need for air control in one area of the state but not in other areas.  In this connection, the commission shall consider:
(1)  the factors found by it to be proper and just, including existing physical conditions, topography, population, and prevailing wind direction and velocity;  and
(2)  the fact that a rule and the degrees of conformance with the rule that may be proper for an essentially residential area of the state may not be proper for a highly developed industrial area or a relatively unpopulated area.
(f)  Except as provided by Sections 382.0171-382.021 or to comply with federal law or regulations, the commission by rule may not specify:
(1)  a particular method to be used to control or abate air pollution;
(2)  the type, design, or method of installation of equipment to be used to control or abate air pollution;  or
(3)  the type, design, method of installation, or type of construction of a manufacturing process or other kind of equipment.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 137, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.33, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 11.145, 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 B. Powers and Duties of Commission › Section 382.0171. Alternative Fuels and Select-Use Technologies

Sec. 382.0171.  ALTERNATIVE FUELS AND SELECT-USE TECHNOLOGIES.  (a)  In adopting rules, the commission shall encourage and may allow the use of natural gas and other alternative fuels, as well as select-use technologies, that will reduce emissions.
(b)  Any orders or determinations made under this section must be consistent with Section 382.024.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 138, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.146, 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 B. Powers and Duties of Commission › Section 382.0175. Amount of Foreign Emissions in Nonattainment Areas; Revision of State Implementation Plan

Sec. 382.0175.  AMOUNT OF FOREIGN EMISSIONS IN NONATTAINMENT AREAS; REVISION OF STATE IMPLEMENTATION PLAN.  (a)  In this section:
(1)  "Foreign emissions" means emissions of air contaminants emanating from outside the United States.
(2)  "Federal air quality monitor" means a monitor that is used to report data to the United States Environmental Protection Agency to demonstrate compliance with the national ambient air quality standards.
(b)  The commission shall estimate the contribution of foreign emissions at each federal air quality monitor located in each nonattainment area in this state with respect to each air contaminant for which the area is designated as being in nonattainment for any national ambient air quality standards for ozone or particulate matter.  The commission may contract with a third party to conduct the estimate required by this subsection.
(c)  Not later than September 1, 2027, the executive director shall, using the estimate conducted under Subsection (b), report to the commission a recommendation on whether to revise the state implementation plan to account for the contribution of foreign emissions in each nonattainment area in this state in any manner permissible under federal law.  In preparing the report to the commission, the executive director shall consider any areas in this state designated as nonattainment for ozone or particulate matter as of September 1, 2026.
(d)  This section expires September 1, 2029.
Added by Acts 2023, 88th Leg., R.S., Ch. 634 (H.B. 4932), Sec. 1, eff. June 11, 2023.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter B. Powers and Duties of Commission › Section 382.019. Methods Used to Control and Reduce Emissions From Land Vehicles

Sec. 382.019.  METHODS USED TO CONTROL AND REDUCE EMISSIONS FROM LAND VEHICLES.  (a)  Except as provided by Section 382.202(j), or another provision of this chapter, the commission by rule may provide requirements concerning the particular method to be used to control and reduce emissions from engines used to propel land vehicles.
(b)  The commission may not require, as a condition precedent to the initial sale of a vehicle or vehicular equipment, the inspection, certification, or other approval of any feature or equipment designed to control emissions from motor vehicles if that feature or equipment has been certified, approved, or otherwise authorized under federal law.
(c)  The commission or any other state agency may not adopt a rule requiring the use of Stage II vapor recovery systems that control motor vehicle refueling emissions at a gasoline dispensing facility in this state until the United States Environmental Protection Agency determines that the use of the system is required for compliance with the federal Clean Air Act (42 U.S.C. 7401 et seq.), except the commission may adopt rules requiring such vapor recovery systems installed in nonattainment areas if it can be demonstrated to be necessary for the attainment of federal ozone ambient air quality standards or, following appropriate health studies and in consultation with the Department of State Health Services, it is determined to be necessary for the protection of public health.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.24, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.147, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 965, Sec. 15.01, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1276, Sec. 10.008(b), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0895, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter B. Powers and Duties of Commission › Section 382.0191. Idling of Motor Vehicle

Sec. 382.0191.  IDLING OF MOTOR VEHICLE.  (a)  In this section, "idling" means allowing an engine to run while the motor vehicle is not engaged in forward or reverse motion.
(b)  The commission may not prohibit or limit the idling of any motor vehicle with a gross vehicle weight rating greater than 8,500 pounds that is equipped with a 2008 or subsequent model year heavy-duty diesel engine or liquefied or compressed natural gas engine that has been certified by the United States Environmental Protection Agency or another state environmental agency to emit no more than 30 grams of nitrogen oxides emissions per hour when idling.
Added by Acts 2011, 82nd Leg., R.S., Ch. 390 (S.B. 493), 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 B. Powers and Duties of Commission › Section 382.0195. Commercial Infectious Waste Incinerators

Sec. 382.0195.  COMMERCIAL INFECTIOUS WASTE INCINERATORS.  (a)  The commission shall adopt rules prescribing the most effective emissions control technology reasonably available to control emissions of air contaminants from a commercial infectious waste incinerator.
(b)  Rules adopted under this section must require that the prescribed emissions control technology be installed as soon as practicable at each commercial infectious waste incinerator.
(c)  In this section, "commercial infectious waste incinerator" means a facility that accepts for incineration infectious waste generated outside the property boundaries of the facility.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 139, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.148, 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 B. Powers and Duties of Commission › Section 382.020. Control of Emissions From Facilities That Handle Certain Agricultural Products

Sec. 382.020.  CONTROL OF EMISSIONS FROM FACILITIES THAT HANDLE CERTAIN AGRICULTURAL PRODUCTS.  (a)  The commission, when it determines that the control of air pollution is necessary, shall adopt rules concerning the control of emissions of particulate matter from plants at which grain, seed, legumes, or vegetable fibers are handled, loaded, unloaded, dried, manufactured, or processed according to a formula derived from the process weight of the materials entering the process.
(b)  A person affected by a rule adopted under this section may use:
(1)  the process weight method to control and measure the emissions from the plant;  or
(2)  any other method selected by that person that the commission or the executive director, if authorized by the commission, finds will provide adequate emission control efficiency and measurement.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.149, 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 B. Powers and Duties of Commission › Section 382.0201. Prohibition on Commission Rule Relating to Emissions From Certain Hospital or Medical Disinfectants

Sec. 382.0201.  PROHIBITION ON COMMISSION RULE RELATING TO EMISSIONS FROM CERTAIN HOSPITAL OR MEDICAL DISINFECTANTS.  (a)  In this section, "hospital or medical disinfectant" means an antimicrobial product that is registered with and meets the performance standards of the United States Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sections 136, 136a).
(b)  Except as specifically required to comply with federal law or regulation, the commission may not adopt a rule that lessens the efficacy of a hospital or medical disinfectant in killing or inactivating agents of an infectious disease, including a rule restricting volatile organic compound content of or emissions from the disinfectant.
Added by Acts 1999, 76th Leg., ch. 364, Sec. 1, 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 B. Powers and Duties of Commission › Section 382.0205. Special Problems Related to Air Contaminant Emissions

Sec. 382.0205.  SPECIAL PROBLEMS RELATED TO AIR CONTAMINANT EMISSIONS.  Consistent with applicable federal law, the commission by rule may control air contaminants as necessary to protect against adverse effects related to:
(1)  acid deposition;
(2)  stratospheric changes, including depletion of ozone;  and
(3)  climatic changes, including global warming.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.03, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.149, 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 B. Powers and Duties of Commission › Section 382.021. Sampling Methods and Procedures

Sec. 382.021.  SAMPLING METHODS AND PROCEDURES.  (a)  The commission may prescribe the sampling methods and procedures to be used in determining violations of and compliance with the commission's rules, variances, and orders, including:
(1)  ambient air sampling;
(2)  stack-sampling;
(3)  visual observation;  or
(4)  any other sampling method or procedure generally recognized in the field of air pollution control.
(b)  The commission may prescribe new sampling methods and procedures if:
(1)  in the commission's judgment, existing methods or procedures are not adequate to meet the needs and objectives of the commission's rules, variances, and orders;  and
(2)  the scientific applicability of the new methods or procedures can be satisfactorily demonstrated to the commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.149, 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 B. Powers and Duties of Commission › Section 382.022. Investigations

Sec. 382.022.  INVESTIGATIONS.  The executive director may make or require the making of investigations:
(1)  that the executive director considers advisable in administering this chapter and the commission's rules, orders, and determinations, including investigations of violations and general air pollution problems or conditions;  or
(2)  as requested or directed by the commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.149, 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 B. Powers and Duties of Commission › Section 382.023. Orders

Sec. 382.023.  ORDERS.  (a)  The commission may issue orders and make determinations as necessary to carry out the purposes of this chapter.  Orders authorized by this chapter may be issued only by the commission unless expressly provided by this chapter.
(b)  If it appears that this chapter or a commission rule, order, or determination is being violated, the commission, or the executive director if authorized by the commission or this chapter, may proceed under Sections 382.082-382.084, or hold a public hearing and issue orders on the alleged violation, or take any other action authorized by this chapter as the facts may warrant.
(c)  In addition to the notice required by Chapter 2001, Government Code, the commission or the executive director shall give notice to such other interested persons as the commission or the executive director may designate.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 11.149, 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 B. Powers and Duties of Commission › Section 382.024. Factors in Issuing Orders and Determinations

Sec. 382.024.  FACTORS IN ISSUING ORDERS AND DETERMINATIONS.  In issuing an order and making a determination, the commission shall consider the facts and circumstances bearing on the reasonableness of emissions, including:
(1)  the character and degree of injury to or interference with the public's health and physical property;
(2)  the source's social and economic value;
(3)  the question of priority of location in the area involved;  and
(4)  the technical practicability and economic reasonableness of reducing or eliminating the emissions resulting from the source.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.149, 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 B. Powers and Duties of Commission › Section 382.025. Orders Relating to Controlling Air Pollution

Sec. 382.025.  ORDERS RELATING TO CONTROLLING AIR POLLUTION.  (a)  If the commission determines that air pollution exists, the commission may order any action indicated by the circumstances to control the condition.
(b)  The commission shall grant to the owner or operator of a source time to comply with its orders as provided for by commission rules.  Those rules must provide for time for compliance gauged to the general situations that the hearings on proposed rules indicate are necessary.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.149, 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 B. Powers and Duties of Commission › Section 382.026. Orders Issued Under Emergencies

Sec. 382.026.  ORDERS ISSUED UNDER EMERGENCIES.  The commission may issue an order under an air emergency under Section 5.514, Water Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.150, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 41, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter B. Powers and Duties of Commission › Section 382.027. Prohibition on Commission Action Relating to Air Conditions Existing Solely in Commercial and Industrial Facilities

Sec. 382.027.  PROHIBITION ON COMMISSION ACTION RELATING TO AIR CONDITIONS EXISTING SOLELY IN COMMERCIAL AND INDUSTRIAL FACILITIES.  (a)  The commission may not adopt a rule, determination, or order that:
(1)  relates to air conditions existing solely within buildings and structures used for commercial and industrial plants, works, or shops if the source of the offending air contaminants is under the control of the person who owns or operates the plants, works, or shops;  or
(2)  affects the relations between employers and their employees relating to or arising out of an air condition from a source under the control of the person who owns or operates the plants, works, or shops.
(b)  This section does not limit or restrict the authority or powers granted to the commission under Sections 382.018 and 382.021.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.151, 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 B. Powers and Duties of Commission › Section 382.0275. Commission Action Relating to Residential Water Heaters

Sec. 382.0275.  COMMISSION ACTION RELATING TO RESIDENTIAL WATER HEATERS.  (a)  In this section, "residential water heater" means a water heater that:
(1)  is designed primarily for residential use; and
(2)  has a maximum rated capacity of 75,000 British thermal units per hour (Btu/hr) or less.
(b)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 49, Sec. 2, eff. May 8, 2007.
(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 49, Sec. 2, eff. May 8, 2007.
(d)  The commission may not adopt or enforce a rule, determination, or order that relates to emissions of residential water heaters that is below 40 nanograms of NOx per joule unless a lower standard is established by a federal statute or rule.  Any commission rule, determination, or order existing on or before the effective date of this subsection related to emission specifications for residential water heaters that is more stringent than the 40 nanograms of NOx per joule standard is hereby repealed.
Added by Acts 2005, 79th Leg., Ch. 59 (H.B. 965), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 49 (S.B. 1665), Sec. 1, eff. May 8, 2007.
Acts 2007, 80th Leg., R.S., Ch. 49 (S.B. 1665), Sec. 2, eff. May 8, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter B. Powers and Duties of Commission › Section 382.028. Variances

Sec. 382.028.  VARIANCES.  (a)  This chapter does not prohibit the granting of a variance.
(b)  A variance is an exceptional remedy that may be granted only on demonstration that compliance with a provision of this chapter or commission rule or order results in an arbitrary and unreasonable taking of property.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.152, 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 B. Powers and Duties of Commission › Section 382.029. Hearing Powers

Sec. 382.029.  HEARING POWERS.  The commission may call and hold hearings, administer oaths, receive evidence at a hearing, issue subpoenas to compel the attendance of witnesses and the production of papers and documents related to a hearing, and make findings of fact and decisions relating to administering this chapter or the rules, orders, or other actions of the commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.153, 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 B. Powers and Duties of Commission › Section 382.0291. Public Hearing Procedures

Sec. 382.0291.  PUBLIC HEARING PROCEDURES.  (a)  Any statements, correspondence, or other form of oral or written communication made by a member of the legislature to a commission official or employee during a public hearing conducted by the commission shall become part of the record of the hearing, regardless of whether the member is a party to the hearing.
(b)  When a public hearing conducted by the commission is required by law to be conducted at a certain location, the commission shall determine the place within that location at which the hearing will be conducted.  In making that determination, the commission shall consider the cost of available facilities and the adequacy of a facility to accommodate the type of hearing and anticipated attendance.
(c)  The commission shall conduct at least one session of a public hearing after normal business hours on request by a party to the hearing or any person who desires to attend the hearing.
(d)  An applicant for a license, permit, registration, or similar form of permission required by law to be obtained from the commission may not amend the application after the 31st day before the date on which a public hearing on the application is scheduled to begin.  If an amendment of an application would be necessary within that period, the applicant shall resubmit the application to the commission and must again comply with notice requirements and any other requirements of law or commission rule as though the application were originally submitted to the commission on that date.
(e)  If an application for a license, permit, registration, or similar form of permission required by law is pending before the commission at a time when changes take effect concerning notice requirements imposed by law for that type of application, the applicant must comply with the new notice requirements.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 9.02, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.153, 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 B. Powers and Duties of Commission › Section 382.030. Delegation of Hearing Powers

Sec. 382.030.  DELEGATION OF HEARING POWERS.  (a)  The commission may delegate the authority to hold hearings called by the commission under this chapter to:
(1)  one or more commission members;
(2)  the executive director;  or
(3)  one or more commission employees.
(b)  Except for hearings required to be held before the commission under Section 5.504, Water Code, the commission may authorize the executive director to:
(1)  call and hold a hearing on any subject on which the commission may hold a hearing;  and
(2)  delegate the authority to hold any hearing called by the executive director to one or more commission employees.
(c)  The commission may establish the qualifications for individuals to whom the commission or the executive director delegates the authority to hold hearings.
(d)  An individual holding a hearing under this section may administer oaths and receive evidence at the hearing and shall report the hearing in the manner prescribed by the commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.153, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 42, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter B. Powers and Duties of Commission › Section 382.031. Notice of Hearings

Sec. 382.031.  NOTICE OF HEARINGS.  (a)  Notice of a hearing under this chapter shall be published at least once in a newspaper of general circulation in the municipality in which the facility is located or is proposed to be located or in the municipality nearest to the location or proposed location of the facility.  The notice must be published not less than 30 days before the date set for the hearing.
(b)  Notice of the hearing must describe briefly and in summary form the purpose of the hearing and the date, time, and place of the hearing.
(c)  If notice of the hearing is required by this chapter to be given to a person, the notice shall be served personally or mailed to the person at the person's most recent address known to the commission not less than 30 days before the date set for the hearing.  If the party is not an individual, the notice may be given to an officer, agent, or legal representative of the party.
(d)  The hearing body shall conduct the hearing at the time and place stated in the notice.  The hearing body may continue the hearing from time to time and from place to place without the necessity of publishing, serving, mailing, or otherwise issuing new notice.  If a hearing is continued and a time and place for the hearing to reconvene are not publicly announced by the hearing body at the hearing before it is recessed, a notice of any further setting of the hearing shall be served personally or mailed in the manner prescribed by Subsection (c) at a reasonable time before the new setting, but it is not necessary to publish a newspaper notice of the new setting.  In this subsection, "hearing body" means the individual or individuals that hold a hearing under this section.
(e)  This section applies to all hearings held under this chapter except as otherwise specified by Section 382.017.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.04, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.154, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 43, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter B. Powers and Duties of Commission › Section 382.032. Appeal of Commission Action

Sec. 382.032.  APPEAL OF COMMISSION ACTION.  (a)  A person affected by a ruling, order, decision, or other act of the commission or of the executive director, if an appeal to the commission is not provided, may appeal the action by filing a petition in a district court of Travis County.
(b)  The petition must be filed in the time required by Section 5.351, Water Code, unless the appeal relates to the commission's failure to take final action on an application for a federal operating permit, a reopening of a federal operating permit, a revision to a federal operating permit, or a permit renewal application for a federal operating permit in accordance with Section 382.0542(b), in which case the petition may be filed at any time before the commission or the executive director takes final action.
(c)  Service of citation on the commission must be accomplished within 30 days after the date on which the petition is filed.  Citation may be served on the executive director or any commission member.
(d)  The plaintiff shall pursue the action with reasonable diligence.  If the plaintiff does not prosecute the action within one year after the date on which the action is filed, the court shall presume that the action has been abandoned.  The court shall dismiss the suit on a motion for dismissal made by the attorney general unless the plaintiff, after receiving due notice, can show good and sufficient cause for the delay.
(e)  In an appeal of an action of the commission or executive director other than cancellation or suspension of a variance, the issue is whether the action is invalid, arbitrary, or unreasonable.
(f)  An appeal of the cancellation or suspension of a variance must be tried in the same manner as appeals from the justice court to the county court.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 485, Sec. 5, eff. June 9, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.155, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 174 (S.B. 211), Sec. 3, 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 B. Powers and Duties of Commission › Section 382.033. Contracts; Instruments

Sec. 382.033.  CONTRACTS;  INSTRUMENTS.  The commission may execute contracts and instruments that are necessary or convenient to perform its powers or duties.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.155, 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 B. Powers and Duties of Commission › Section 382.0335. Air Control Account

Sec. 382.0335.  AIR CONTROL ACCOUNT.  (a)  The commission may apply for, solicit, contract for, receive, or accept money from any source to carry out its duties under this chapter.
(b)  Money received by the commission under this section shall be deposited to the credit of the air control account, an account in the general revenue fund.  The commission may use money in the account for any necessary expenses incurred in carrying out commission duties under this chapter.
Added by Acts 1997, 75th Leg., ch. 333, Sec. 72, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter B. Powers and Duties of Commission › Section 382.034. Research and Investigations

Sec. 382.034.  RESEARCH AND INVESTIGATIONS.  The commission shall conduct or require any research and investigations it considers advisable and necessary to perform its duties under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.155, 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 B. Powers and Duties of Commission › Section 382.035. Memorandum of Understanding

Sec. 382.035.  MEMORANDUM OF UNDERSTANDING.  The commission by rule shall adopt any memorandum of understanding between the commission and another state agency.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.155, 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 B. Powers and Duties of Commission › Section 382.036. Cooperation and Assistance

Sec. 382.036.  COOPERATION AND ASSISTANCE.  The commission shall:
(1)  encourage voluntary cooperation by persons or affected groups in restoring and preserving the purity of the state's air;
(2)  encourage and conduct studies, investigations, and research concerning air quality control;
(3)  collect and disseminate information on air quality control;
(4)  advise, consult, and cooperate with other state agencies, political subdivisions of the state, industries, other states, the federal government, and interested persons or groups concerning matters of common interest in air quality control;  and
(5)  represent the state in all matters relating to air quality plans, procedures, or negotiations for interstate compacts.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.155, 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 B. Powers and Duties of Commission › Section 382.037. Notice in Texas Register Regarding National Ambient Air Quality Standards for Ozone

Sec. 382.037.  NOTICE IN TEXAS REGISTER REGARDING NATIONAL AMBIENT AIR QUALITY STANDARDS FOR OZONE.  (a)  This section applies only if:
(1)  with respect to each active or revoked national ambient air quality standard for ozone referenced in 40 C.F.R. Section 81.344, the United States Environmental Protection Agency has, for each designated area referenced in that section:
(A)  designated the area as attainment or unclassifiable/attainment; or
(B)  approved a redesignation substitute making a finding of attainment for the area; and
(2)  for each designated area described by Subdivision (1), with respect to an action of the United States Environmental Protection Agency described by Subdivision (1)(A) or (B):
(A)  the action has been fully and finally upheld following judicial review or the limitations period to seek judicial review of the action has expired; and
(B)  the rules under which the action was approved by the agency have been fully and finally upheld following judicial review or the limitations period to seek judicial review of those rules has expired.
(b)  Not later than the 30th day after the date the conditions described by Subsection (a) have been met, the commission shall publish notice in the Texas Register that, with respect to each active or revoked national ambient air quality standard for ozone referenced in 40 C.F.R. Section 81.344, the United States Environmental Protection Agency has, for each designated area referenced in that section:
(1)  designated the area as attainment or unclassifiable/attainment; or
(2)  approved a redesignation substitute making a finding of attainment for the area.
Added by Acts 2017, 85th Leg., R.S., Ch. 755 (S.B. 1731), Sec. 8(b-1), eff. August 30, 2017.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter B. Powers and Duties of Commission › Section 382.040. Documents; Public Property

Sec. 382.040.  DOCUMENTS;  PUBLIC PROPERTY.  All information, documents, and data collected by the commission in performing its duties are state property.  Subject to the limitations of Section 382.041, all commission records are public records open to inspection by any person during regular office hours.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 381.020 and amended by Acts 1993, 73rd Leg., ch. 485, Sec. 2, eff. June 9, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.158, 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 B. Powers and Duties of Commission › Section 382.041. Confidential Information

Sec. 382.041.  CONFIDENTIAL INFORMATION.  (a)  Except as provided by Subsection (b), a member, employee, or agent of the commission may not disclose information submitted to the commission relating to secret processes or methods of manufacture or production that is identified as confidential when submitted.
(b)  A member, employee, or agent of the commission may disclose information confidential under Subsection (a) to a representative of the United States Environmental Protection Agency on the request of a representative of that agency if:
(1)  at the time of disclosure the member, employee, or agent notifies the representative that the material has been identified as confidential when submitted;  and
(2)  the commission, before the information is disclosed, has entered into an agreement with the United States Environmental Protection Agency that ensures that the agency treats information identified as confidential as though it had been submitted by the originator of the information with an appropriate claim of confidentiality under federal law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 381.022 and amended by Acts 1993, 73rd Leg., ch. 485, Sec. 3, eff. June 9, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.158, 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 382.051. Permitting Authority of Commission; Rules

Sec. 382.051.  PERMITTING AUTHORITY OF COMMISSION;  RULES.  (a)  The commission may issue a permit:
(1)  to construct a new facility or modify an existing facility that may emit air contaminants;
(2)  to operate an existing facility affected by Section 382.0518(g);  or
(3)  to operate a federal source.
(b)  To assist in fulfilling its authorization provided by Subsection (a), the commission may issue:
(1)  special permits for certain facilities;
(2)  a general permit for numerous similar sources subject to Section 382.054;
(3)  a standard permit for similar facilities;
(4)  a permit by rule for types of facilities that will not significantly contribute air contaminants to the atmosphere;
(5)  a single federal operating permit or preconstruction permit for multiple federal sources or facilities located at the same site;
(6)  a multiple plant permit for existing facilities at multiple locations subject to Section 382.0518 or 382.0519;
(7)  an existing facility permit or existing facility flexible permit under Section 382.05183;
(8)  a small business stationary source permit under Section 382.05184;
(9)  an electric generating facility permit under Section 382.05185 of this code and Section 39.264, Utilities Code;
(10)  a pipeline facilities permit under Section 382.05186;  or
(11)  other permits as necessary.
(c)  The commission may issue a federal operating permit for a federal source in violation only if the operating permit incorporates a compliance plan for the federal source as a condition of the permit.
(d)  The commission shall adopt rules as necessary to comply with changes in federal law or regulations applicable to permits issued under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.06, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 485, Sec. 6, eff. June 9, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.159, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 406, Sec. 2, eff. Aug. 30, 1999;  Acts 2001, 77th Leg., ch. 965, Sec. 5.02, 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 382.05101. De Minimis Air Contaminants

Sec. 382.05101.  DE MINIMIS AIR CONTAMINANTS.  The commission may develop by rule the criteria to establish a de minimis level of air contaminants for facilities or groups of facilities below which the following types of permits are not required:
(1)  a permit under Section 382.0518 or 382.0519;
(2)  a standard permit under Section 382.05195, 382.05198, or 382.051985; or
(3)  a permit by rule under Section 382.05196.
Added by Acts 1999, 76th Leg., ch. 406, Sec. 3, eff. Aug. 30, 1999.  Amended by Acts 2003, 78th Leg., ch. 361, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 1, 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 382.05102. Permitting Authority of Commission; Greenhouse Gas Emissions

Sec. 382.05102.  PERMITTING AUTHORITY OF COMMISSION; GREENHOUSE GAS EMISSIONS. (a) In this section, "greenhouse gas emissions" means emissions of:
(1)  carbon dioxide;
(2)  methane;
(3)  nitrous oxide;
(4)  hydrofluorocarbons;
(5)  perfluorocarbons; and
(6)  sulfur hexafluoride.
(b)  To the extent that greenhouse gas emissions require authorization under federal law, the commission may authorize greenhouse gas emissions in a manner consistent with Section 382.051.
(c)  The commission shall:
(1)  adopt rules to implement this section, including rules specifying the procedures to transition to review by the commission any applications pending with the United States Environmental Protection Agency for approval under 40 C.F.R. Section 52.2305; and
(2)  prepare and submit appropriate federal program revisions to the United States Environmental Protection Agency for approval.
(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)  If authorization to emit greenhouse gas emissions is no longer required under federal law, the commission shall:
(1)  repeal the rules adopted under Subsection (c); and
(2)  prepare and submit appropriate federal program revisions to the United States Environmental Protection Agency for approval.
Added by Acts 2013, 83rd Leg., R.S., Ch. 272 (H.B. 788), Sec. 2, eff. June 14, 2013.
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 382.0511. Permit Consolidation and Amendment

Sec. 382.0511.  PERMIT CONSOLIDATION AND AMENDMENT.  (a)  The commission may consolidate into a single permit any permits, special permits, standard permits, permits by rule, or exemptions for a facility or federal source.
(b)  Consistent with the rules adopted under Subsection (d) and the limitations of this chapter, including limitations that apply to the modification of an existing facility, the commission may amend, revise, or modify a permit.
(c)  The commission may authorize changes in a federal source to proceed before the owner or operator obtains a federal operating permit or revisions to a federal operating permit if:
(1)  the changes are de minimis under Section 382.05101; or
(2)  the owner or operator:
(A)  has obtained a preconstruction permit or permit amendment required by Section 382.0518; or
(B)  is operating under:
(i)  a standard permit under Section 382.05195, 382.05198, or 382.051985;
(ii)  a permit by rule under Section 382.05196; or
(iii)  an exemption allowed under Section 382.057.
(d)  The commission by rule shall develop criteria and administrative procedures to implement Subsections (b) and (c).
(e)  When multiple facilities have been consolidated into a single permit under this section and the consolidated permit is reopened for consideration of an amendment relating to one or more facilities authorized by that permit, the permit is not considered reopened with respect to facilities for which an amendment, revision, or modification is not sought unless this chapter specifically authorizes or requires that additional reopening in order to protect the public's health and physical property.
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. 7, eff. June 9, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.160, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 406, Sec. 4, eff. Aug. 30, 1999;  Acts 2003, 78th Leg., ch. 361, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 2, eff. September 1, 2023.