relating to the continuation and functions of the Texas Commission
on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.05101, Health and Safety Code, is
amended to read as follows:
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,
[or] 382.05198, or 382.051985; or
(3) [, or] a permit by rule under Section 382.05196 [is
not required].
SECTION 2. Section 382.0511(c), Health and Safety Code, is
amended to read as follows:
(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, [or] 382.05198, or 382.051985;
(ii) a permit by rule under Section
382.05196; or
(iii) an exemption allowed under Section
382.057.
SECTION 3. Subchapter C, Chapter 382, Health and Safety
Code, is amended by adding Section 382.051985 to read as follows:
Sec.382.051985.STANDARD PERMIT FOR CERTAIN TEMPORARY
CONCRETE PLANTS. (a) The commission shall issue a standard permit
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;
(2)must be located in or contiguous to the
right-of-way of the public works project; and
(3) must meet the requirements of Section 382.05198.
(b) A permit issued under this section:
(1) may not have an initial term that exceeds one year;
(2)may be renewed for an additional term not to exceed
one year;
(3)may be renewed for a second additional term not to
exceed one year only on a finding of good cause by the commission;
and
(4) may not be renewed a third time.
SECTION 4. Sections 382.05199(a), (b), and (h), Health and
Safety Code, are amended to read as follows:
(a) A person may not begin construction of a permanent
concrete plant that performs wet batching, dry batching, or central
mixing under a standard permit issued under Section 382.05198 or a
temporary concrete plant that performs wet batching, dry batching,
or central mixing under a standard permit issued under Section
382.051985 unless the commission authorizes the person to use the
permit as provided by this section. The notice and hearing
requirements of Subsections (b)-(g) apply only to an applicant for
authorization to use a standard permit issued under Section
382.05198 or 382.051985. An applicant for a permit for a concrete
plant that does not meet the requirements of a standard permit
issued under Section 382.05198 or 382.051985 must comply with:
(1) Section 382.058 to obtain authorization to use a
standard permit issued under Section 382.05195 or a permit by rule
adopted under Section 382.05196; or
(2) Section 382.056 to obtain a permit issued under
<Statutes affected: Introduced: Health and Safety Code 382.05101, Health and Safety Code 382.0511, Health and Safety Code 382.05199, Health and Safety Code 382.056, Water Code 5.014, Water Code 5.0535, Water Code 5.113, Water Code 5.129, Water Code 5.552, Water Code 5.754, Water Code 11.1471, Water Code 49.011 (Water Code 11, Health and Safety Code 382, Water Code 5, Water Code 49)