CHAPTER 382. CLEAN AIR ACT
HEALTH AND SAFETY CODE
TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY
SUBTITLE C. AIR QUALITY
CHAPTER 382. CLEAN AIR ACT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 382.001. SHORT TITLE. This chapter may be cited as the
Texas Clean Air Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 382.002. POLICY AND PURPOSE. (a) The policy of this state
and the purpose of this chapter are to safeguard the state's air
resources from pollution by controlling or abating air pollution
and emissions of air contaminants, consistent with the protection
of public health, general welfare, and physical property,
including the esthetic enjoyment of air resources by the public
and the maintenance of adequate visibility.
(b) It is intended that this chapter be vigorously enforced and
that violations of this chapter or any rule or order of the Texas
Natural Resource Conservation Commission result in expeditious
initiation of enforcement actions as provided by this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.139, eff. Sept.
1, 1995.
Sec. 382.003. DEFINITIONS. In this chapter:
(1) "Administrator" means the Administrator of the United States
Environmental Protection Agency.
(1-a) "Advanced clean energy project" means a project for which
an application for a permit or for an authorization to use a
standard permit under this chapter is received by the commission
on or after January 1, 2008, and before January 1, 2020, and
that:
(A) involves the use of coal, biomass, petroleum coke, solid
waste, or fuel cells using hydrogen derived from such fuels, in
the generation of electricity, or the creation of liquid fuels
outside of the existing fuel production infrastructure while
co-generating electricity, whether the project is implemented in
connection with the construction of a new facility or in
connection with the modification of an existing facility and
whether the project involves the entire emissions stream from the
facility or only a portion of the emissions stream from the
facility;
(B) with regard to the portion of the emissions stream from the
facility that is associated with the project, is capable of
achieving:
(i) on an annual basis a 99 percent or greater reduction of
sulfur dioxide emissions or, if the project is designed for the
use of feedstock substantially all of which is subbituminous
coal, an emission rate of 0.04 pounds or less of sulfur dioxide
per million British thermal units as determined by a 30-day
average;
(ii) on an annual basis a 95 percent or greater reduction of
mercury emissions;
(iii) an annual average emission rate for nitrogen oxides of:
(a) 0.05 pounds or less per million British thermal units; or
(b) if the project uses gasification technology, 0.034 pounds or
less per million British thermal units; and
(iv) an annual average emission rate for filterable particulate
matter of 0.015 pounds or less per million British thermal units;
and
(C) captures not less than 50 percent of the carbon dioxide in
the portion of the emissions stream from the facility that is
associated with the project and sequesters that captured carbon
dioxide by geologic storage or other means.
(2) "Air contaminant" means particulate matter, radioactive
material, dust, fumes, gas, mist, smoke, vapor, or odor,
including any combination of those items, produced by processes
other than natural.
(3) "Air pollution" means the presence in the atmosphere of one
or more air contaminants or combination of air contaminants in
such concentration and of such duration that:
(A) are or may tend to be injurious to or to adversely affect
human health or welfare, animal life, vegetation, or property; or
(B) interfere with the normal use or enjoyment of animal life,
vegetation, or property.
(3-a) "Coal" has the meaning assigned by Section 134.004,
Natural Resources Code.
(4) "Commission" means the Texas Natural Resource Conservation
Commission.
(5) "Executive director" means the executive director of the
commission.
(6) "Facility" means a discrete or identifiable structure,
device, item, equipment, or enclosure that constitutes or
contains a stationary source, including appurtenances other than
emission control equipment. A mine, quarry, well test, or road is
not considered to be a facility.
(7) "Federal source" means a facility, group of facilities, or
other source that is subject to the permitting requirements of
Title IV or V of the federal Clean Air Act Amendments of 1990
(Pub.L. No. 101-549) and includes:
(A) an affected source as defined by Section 402 of the federal
Clean Air Act (42 U.S.C. Section 7651a) as added by Section 401
of the federal Clean Air Act Amendments of 1990 (Pub.L. No.
101-549);
(B) a major source as defined by Title III of the federal Clean
Air Act Amendments of 1990 (Pub.L. No. 101-549);
(C) a major source as defined by Title V of the federal Clean
Air Act Amendments of 1990 (Pub.L. No. 101-549);
(D) a source subject to the standards or regulations under
Section 111 or 112 of the federal Clean Air Act (42 U.S.C.
Sections 7411 and 7412);
(E) a source required to have a permit under Part C or D of
Title I of the federal Clean Air Act (42 U.S.C. Sections 7470 et
seq. and 7501 et seq.);
(F) a major stationary source or major emitting facility under
Section 302 of the federal Clean Air Act (42 U.S.C. Section
7602); and
(G) any other stationary source in a category designated by the
United States Environmental Protection Agency as subject to the
permitting requirements of Title V of the federal Clean Air Act
Amendments of 1990 (Pub.L. No. 101-549).
(7-a) "Federally qualified clean coal technology" means a
technology or process, including a technology or process applied
at the precombustion, combustion, or postcombustion stage, for
use at a new or existing facility that will achieve on an annual
basis a 97 percent or greater reduction of sulfur dioxide
emissions, an emission rate for nitrogen oxides of 0.08 pounds or
less per million British thermal units, and significant
reductions in mercury emissions associated with the use of coal
in the generation of electricity, process steam, or industrial
products, including the creation of liquid fuels, hydrogen for
fuel cells, and other coproducts. The technology used must
comply with applicable federal law regarding mercury emissions
and must render carbon dioxide capable of capture, sequestration,
or abatement. Federally qualified clean coal technology includes
atmospheric or pressurized fluidized bed combustion technology,
integrated gasification combined cycle technology, methanation
technology, magnetohydrodynamic technology, direct and indirect
coal-fired turbines, undiluted high-flame temperature oxygen
combustion technology that excludes air, and integrated
gasification fuel cells.
(7-b) "Hybrid motor vehicle" means a motor vehicle that draws
propulsion energy from both gasoline or conventional diesel fuel
and a rechargeable energy storage system.
(8) "Local government" means a health district established under
Chapter 121, a county, or a municipality.
(9) "Modification of existing facility" means any physical
change in, or change in the method of operation of, a facility in
a manner that increases the amount of any air contaminant emitted
by the facility into the atmosphere or that results in the
emission of any air contaminant not previously emitted. The term
does not include:
(A) insignificant increases in the amount of any air contaminant
emitted that is authorized by one or more commission exemptions;
(B) insignificant increases at a permitted facility;
(C) maintenance or replacement of equipment components that do
not increase or tend to increase the amount or change the
characteristics of the air contaminants emitted into the
atmosphere;
(D) an increase in the annual hours of operation unless the
existing facility has received a preconstruction permit or has
been exempted, pursuant to Section 382.057, from preconstruction
permit requirements;
(E) a physical change in, or change in the method of operation
of, a facility that does not result in a net increase in
allowable emissions of any air contaminant and that does not
result in the emission of any air contaminant not previously
emitted, provided that the facility:
(i) has received a preconstruction permit or permit amendment or
has been exempted pursuant to Section 382.057 from
preconstruction permit requirements no earlier than 120 months
before the change will occur; or
(ii) uses, regardless of whether the facility has received a
permit, an air pollution control method that is at least as
effective as the best available control technology, considering
technical practicability and economic reasonableness, that the
commission required or would have required for a facility of the
same class or type as a condition of issuing a permit or permit
amendment 120 months before the change will occur;
(F) a physical change in, or change in the method of operation
of, a facility where the change is within the scope of a flexible
permit or a multiple plant permit; or
(G) a change in the method of operation of a natural gas
processing, treating, or compression facility connected to or
part of a natural gas gathering or transmission pipeline which
does not result in an annual emission rate of a pollutant in
excess of the volume emitted at the maximum designed capacity,
provided that the facility is one for which:
(i) construction or operation started on or before September 1,
1971, and at which either no modification has occurred after
September 1, 1971, or at which modifications have occurred only
pursuant to standard exemptions; or
(ii) construction started after September 1, 1971, and before
March 1, 1972, and which registered in accordance with Section
382.060 as that section existed prior to September 1, 1991.
(9-a) "Motor vehicle" means a fully self-propelled vehicle
having four wheels that has as its primary purpose the transport
of a person or persons, or property, on a public highway.
(10) "Person" means an individual, corporation, organization,
government or governmental subdivision or agency, business trust,
partnership, association, or any other legal entity.
(10-a) "Qualifying motor vehicle" means a motor vehicle that
meets the requirements of Section 382.210(b).
(11) "Select-use technology" means a technology that involves
simultaneous combustion of natural gas with other fuels in fossil
fuel-fired boilers. The term includes cofiring, gas reburn, and
enhanced gas reburn/sorbent injection.
(11-a) "Solid waste" has the meaning assigned by Section
361.003.
(12) "Source" means a point of origin of air contaminants,
whether privately or publicly owned or operated.
(13) "Well test" means the testing of an oil or gas well for a
period of time less than 72 hours that does not constitute a
major source or major modification under any provision of the
federal Clean Air Act (42 U.S.C. Section 7401 et seq.).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 135, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.01, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 485, Sec. 4, eff. June
9, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.140, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 150, Sec. 1, eff. May 19, 1995;
Acts 1999, 76th Leg., ch. 62, Sec. 11.04(a), eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 406, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
262, Sec. 1.01, eff. June 8, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1277, Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.001(55), eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1109, Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1125, Sec. 3, eff. September 1, 2009.
Sec. 382.004. CONSTRUCTION WHILE PERMIT APPLICATION PENDING.
(a) To the extent permissible under federal law and
notwithstanding Section 382.0518, a person who submits an
application for a permit for a modification of or a lesser change
to an existing facility under this subtitle may, at the person's
own risk, begin construction related to the application after the
application is submitted and before the commission has issued the
permit.
(b) The commission may not consider construction begun under
this section in determining whether to grant the permit sought in
the application.
Added by Acts 2005, 79th Leg., Ch.
422, Sec. 1, eff. September 1, 2005.
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION
Sec. 382.011. GENERAL POWERS AND DUTIES. (a) The commission
shall:
(1) administer this chapter;
(2) establish the level of quality to be maintained in the
state's air; and
(3) control the quality of the state's air.
(b) The commission shall seek to accomplish the purposes of this
chapter through the control of air contaminants by all practical
and economically feasible methods.
(c) The commission has the powers necessary or convenient to
carry out its responsibilities.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.143, eff. Sept.
1, 1995.
Sec. 382.012. STATE AIR CONTROL PLAN. The commission shall
prepare and develop a general, comprehensive plan for the proper
control of the state's air.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.143, eff. Sept.
1, 1995.
Sec. 382.013. AIR QUALITY CONTROL REGIONS. The commission may
designate air quality control regions based on jurisdictional
boundaries, urban-industrial concentrations, and other factors,
including atmospheric areas, necessary to provide adequate
implementation of air quality standards.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.143, eff. Sept.
1, 1995.
Sec. 382.014. EMISSION INVENTORY. The commission may require a
person whose activities cause emissions of air contaminants to
submit information to enable the commission to develop an
inventory of emissions of air contaminants in this state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.143, eff. Sept.
1, 1995.
Sec. 382.0145. CLEAN FUEL INCENTIVE SURCHARGE. (a) The
commission shall levy a clean fuel incentive surcharge of 20
cents per MMBtu on fuel oil used between April 15 and October 15
of each year in an industrial or utility boiler that is:
(1) capable of using natural gas; and
(2) located in a consolidated metropolitan statistical area or
metropolitan statistical area with a population of 350,000 or
more that has not met federal ambient air quality standards for
ozone.
(b) The commission may not levy the clean fuel incentive
surcharge on:
(1) waste oils, used oils, or hazardous waste-derived fuels
burned for purposes of energy recovery or disposal, if the
commission or the United States Environmental Protection Agency
approves or permits the burning;
(2) fuel oil used during:
(A) any period of full or partial natural gas curtailment;
(B) any period when there is a failure to deliver sufficient
quantities of natural gas to satisfy contractual obligations to
the purchaser; or
(C) a catastrophic event as defined by Section 382.063;
(3) fuel oil used between April 15 and October 15 in equipment
testing or personnel training up to an aggregate of the
equivalent of 48 hours full-load operation; or
(4) any firm engaged in fixed price contracts with public works
agencies for contracts entered into before August 28, 1989.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 136, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.143, eff.
Sept. 1, 1995.
Sec. 382.015. POWER TO ENTER PROPERTY. (a) A member, employee,
or agent of the commission may enter public or private property,
other than property designed for and used exclusively as a
private residence housing not more than three families, at a
reasonable time to inspect and investigate conditions relating to
emissions of air contaminants to or the concentration of air
contaminants in the atmosphere.
(b) A member, employee, or agent who enters private property
that has management in residence shall:
(1) notify the management, or the person then in charge, of the
member's, employee's, or agent's presence; and
(2) show proper credentials.
(c) A member, employee, or agent who enters private property
shall observe that establishment's rules concerning safety,
internal security, and fire protection.
(d) The commission is entitled to the remedies provided by
Sections 382.082-382.085 if a member, employee, or agent is
refused the right to enter public or private property as provided
by this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.144, eff. Sept.
1, 1995.
Sec. 382.016. MONITORING REQUIREMENTS; EXAMINATION OF RECORDS.
(a) The commission may prescribe reasonable requirements for:
(1) measuring and monitoring the emissions of air contaminants
from a source or from an activity causing or resulting in the
emission of air contaminants subject to the commission's
jurisdiction under this chapter; and
(2) the owner or operator of the source to make and maintain
records on the measuring and monitoring of emissions.
(b) A member, employee, or agent of the commission may examine
during regular business hours any records or memoranda relating
to the operation of any air pollution or emission control
equipment or facility, or relating to emission of air
contaminants. This subsection does not authorize the examination
of records or memoranda relating to the operation of equipment or
a facility on property designed for and used exclusively as a
private residence housing not more than three families.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.145, eff. Sept.
1, 1995.
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.
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.
Sec. 382.0172. INTERNATIONAL BORDER AREAS. (a) In order to
qualify for the exceptions provided by Section 179B of the
federal Clean Air Act (42 U.S.C. Section 7509a), as added by
Section 818 of the federal Clean Air Act Amendments of 1990
(Pub.L. No. 101-549), the commission, in developing rules and
control programs to be included in an implementation plan for an
international border area, shall ensure that the plan or
revision:
(1) meets all requirements applicable to the plan or revision
under Title I of the federal Clean Air Act Amendments of 1990
(Pub.L. No. 101-549), other than a requirement that the plan or
revision demonstrates attainment and maintenance of the relevant
national ambient air quality standards by the attainment date
specified by the applicable provision of Title I of the federal
Clean Air Act Amendments of 1990 (Pub.L. No. 101-549) or by a
regulation adopted under that provision; and
(2) would be adequate to attain and maintain the relevant
national ambient air quality standards by the attainment date
specified by the applicable provision of Title I of the federal
Clean Air Act Amendments of 1990 (Pub.L. No. 101-549) or by a
regulation adopted under that provision, but for emissions
emanating from outside the United States.
(b) For purposes of any emissions control or permit program
adopted or administered by the commission and subject to
Subsection (c), the commission, to the extent allowed by federal
law, may:
(1) authorize the use of emissions reductions achieved outside
the United States to satisfy otherwise applicable emissions
reduction requirements if the commission finds that the emissions
reductions achieved outside the United States are surplus to
requirements imposed by applicable law and are appropriately
quantifiable and enforceable; and
(2) allow the use of reductions in emissions of one air
contaminant to satisfy otherwise applicable requirements for
reductions in emissions of another air contaminant if the
commission finds that the air contaminant emissions reductions
that will be substituted are of equal or greater significance to
the overall air quality of the area affected than reductions in
emissions of the other air contaminant.
(c) The commission may authorize or allow substitution of
emissions reductions under Subsection (b) only if:
(1) reductions in emissions of one air contaminant for which the
area has been designated as nonattainment are substituted for
reductions in emissions of another air contaminant for which the
area has been designated as nonattainment; or
(2) the commission finds that the substitution will clearly
result in greater health benefits for the community as a whole
than would reductions in emissions at the original facility.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.02, eff.
Sept. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
11.147, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 960, Sec.
1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
820, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1125, Sec. 1, eff. September 1, 2005.
Sec. 382.0173. ADOPTION OF RULES REGARDING CERTAIN STATE
IMPLEMENTATION PLAN REQUIREMENTS AND STANDARDS OF PERFORMANCE FOR
CERTAIN SOURCES. (a) The commission shall adopt rules to comply
with Sections 110(a)(2)(D) and 111(d) of the federal Clean Air
Act (42 U.S.C. Sections 7410 and 7411). In adopting the rules,
at a minimum the commission shall adopt and incorporate by
reference 40 C.F.R. Subparts AA through II and Subparts AAA
through III of Part 96 and 40 C.F.R. Subpart HHHH of Part 60.
The commission shall adopt a state implementation plan in
accordance with the rules and submit the plan to the United
States Environmental Protection Agency for approval according to
the schedules adopted by that agency.
(b) The commission may require emissions reductions in
conjunction with implementation of the rules adopted under
Subsection (a) only for electric generating units. The
commission shall make permanent allocations that are reflective
of the allocation requirements of 40 C.F.R. Subparts AA through
HH and Subparts AAA through HHH of Part 96 and 40 C.F.R. Subpart
HHHH of Part 60, as applicable, at no cost to units as defined in
40 C.F.R. Sections 51.123 and 60.4102 using the United States
Environmental Protection Agency's allocation method as specified
by 40 C.F.R. Section 60.4142(a)(1)(i) or 40 C.F.R. Section
96.142(a)(1)(i), as applicable, with the exception of nitrogen
oxides which shall be allocated according to the additional
requirements of Subsection (c). The commission shall maintain a
special reserve of allocations for new units commencing operation
on or after January 1, 2001, as defined by 40 C.F.R. Subparts AA
through HH and Subparts AAA through HHH of Part 96 and 40 C.F.R.
Subpart HHHH of Part 60, as applicable, with the exception of
nitrogen oxides which shall be allocated according to the
additional requirements of Subsection (c).
(c) Additional requirements regarding NOx allocations:
(1) The commission shall maintain a special reserve of
allocations for nitrogen oxide of 9.5 percent for new units.
Beginning with the 2015 control period, units shall be considered
new for each control period in which they do not have five years
of operating data reported to the commission prior to the date of
allocation for a given control period. Prior to the 2015 control
period, units that commenced operation on or after January 1,
2001, will receive NOx allocations from the special reserve only.
(2) Nitrogen oxide allowances shall be established for the
2009-2014 control periods for units commencing operation before
January 1, 2001, using the average of the three highest amounts
of the unit's adjusted control period heat input for 2000 through
2004, with the adjusted control period heat input for each year
calculated as follows:
(A) if the unit is coal-fired during the year, the unit's
control period heat input for such year is multiplied by 90
percent;
(B) if the unit is natural gas-fired during the year, the unit's
control period heat input for such year is multiplied by 50
percent; and
(C) if the fossil fuel fired unit is not subject to Paragraph
(A) or (B) of this subdivision, the unit's control period heat
input for such year is multiplied by 30 percent.
(3) Before the allocation date specified by EPA for the control
period beginning January 1, 2018, and every five years
thereafter, the commission shall adjust the baseline for all
affected units using the average of the three highest amounts of
the unit's adjusted control period heat input for periods one
through five of the preceding nine control periods, with the
adjusted control period heat input for each year calculated as
follows:
(A) for units commencing operation before January 1, 2001:
(i) if the unit is coal-fired during the year, the unit's
control period heat input for such year is multiplied by 90
percent;
(ii) if the unit is natural gas-fired during the year, the
unit's control period heat input for such year is multiplied by
50 percent; and
(iii) if the fossil fuel fired unit is not subject to
Subparagraph (i) or (ii) of this paragraph, the unit's control
period heat input for such year is multiplied by 30 percent; and
(B) for units commencing operation on or after January 1, 2001,
in accordance with the formulas set forth by USEPA in 40 C.F.R.
96.142 with any corrections to this section that may be issued by
USEPA prior to the allocation date.
(d) This section applies only while the federal rules cited in
this section are enforceable and does not limit the authority of
the commission to implement more stringent emissions control
requirements.
(e) In adopting rules under Subsection (a), the commission shall
incorporate any modifications to the federal rules cited in this
section that result from:
(1) a request for rehearing regarding those rules that is filed
with the United States Environmental Protection Agency;
(2) a petition for review of those rules that is filed with a
court; or
(3) a final rulemaking action of the United States Environmental
Protection Agency.
(f) The commission shall take all reasonable and appropriate
steps to exclude the West Texas Region and El Paso Region, as
defined by Section 39.264(g), Utilities Code, from any
requirement under, derived from, or associated with 40 C.F.R.
Sections 51.123, 51.124, and 51.125, including filing a petition
for reconsideration with the United States Environmental
Protection Agency requesting that it amend 40 C.F.R. Sections
51.123, 51.124, and 51.125 to exclude such regions. The
commission shall promptly amend the rules it adopts under
Subsection (a) of this section to incorporate any exclusions for
such regions that result from the petition required under this
subsection.
(g) The commission shall study the availability of mercury
control technology. The commission shall also examine the
timeline for implementing the reductions required under the
federal rules, the cost of additional controls both to the plant
owners and consumers, and the fiscal impact on the state of
higher levels of mercury emissions between 2005 and 2018, and
consider the impact of trading on local communities. The
commission shall report its findings by September 1, 2006.
Added by Acts 2005, 79th Leg., Ch.
1125, Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
56, Sec. 1, eff. May 10, 2007.
Sec. 382.018. OUTDOOR BURNING OF WASTE AND COMBUSTIBLE MATERIAL.
(a) Subject to Section 352.082, Local Government Code, and
except as provided by Subsections (b) and (d), the commission by
rule may control and prohibit the outdoor burning of waste and
combustible material and may include requirements concerning the
particular method to be used to control or abate the emission of
air contaminants resulting from that burning.
(b) The commission by rule shall authorize outdoor burning of
waste if the waste:
(1) consists of trees, brush, grass, leaves, branch trimmings,
or other plant growth; and
(2) is burned:
(A) in an area that meets the national ambient air quality
standards and that does not contain any part of a city that does
not meet national ambient air quality standards; and
(B) on the property on which it was generated and by the owner
of the property or any other person authorized by the owner.
(c) Rules adopted under Subsection (b) may not:
(1) require prior commission approval of the burning; or
(2) authorize the burning only when no practical alternative to
burning exists.
(d) The commission may not control or prohibit outdoor burning
of waste consisting of trees, brush, grass, leaves, branch
trimmings, or other plant growth if:
(1) the person burning the waste is doing so at a site:
(A) designated for consolidated burning of waste generated from
specific residential properties;
(B) located in a county with a population of less than 50,000;
(C) located outside of a municipality; and
(D) supervised at the time of the burning by an employee of a
fire department who is part of the fire protection personnel, as
defined by Section 419.021, Government Code, of the department
and is acting in the scope of the person's employment; and
(2) the waste was generated from a property for which the site
is designated.
(e) A fire department employee who will supervise a burning
under Subsection (d)(1)(D) shall notify the commission of each
burning supervised by the employee, and the commission shall
provide the employee with information on practical alternatives
to burning.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.147, eff. Sept.
1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
419, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
904, Sec. 1, eff. September 1, 2005.
Reenacted and amended by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 8.001, eff. September 1, 2007.
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
Texas Department of Health, 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.
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.
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.
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.
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.
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.
Sec. 382.0215. ASSESSMENT OF EMISSIONS DUE TO EMISSIONS EVENTS.
(a) In this section:
(1) "Emissions event" means an upset event, or unscheduled
maintenance, startup, or shutdown activity, from a common cause
that results in the unauthorized emissions of air contaminants
from one or more emissions points at a regulated entity.
(2) "Regulated entity" means all regulated units, facilities,
equipment, structures, or sources at one street address or
location that are owned or operated by the same person. The term
includes any property under common ownership or control
identified in a permit or used in conjunction with the regulated
activity at the same street address or location.
(a-1) Maintenance, startup, and shutdown activities shall not be
considered unscheduled only if the activity will not and does not
result in the emission of at least a reportable quantity of
unauthorized emissions of air contaminants and the activity is
recorded as may be required by commission rule, or if the
activity will result in the emission of at least a reportable
quantity of unauthorized emissions and:
(1) the owner or operator of the regulated entity provides any
prior notice or final report that the commission, by rule, may
establish;
(2) the notice or final report includes the information required
in Subsection (b)(3); and
(3) the actual emissions do not exceed the estimates submitted
in the notice by more than a reportable quantity.
(b) The commission shall require the owner or operator of a
regulated entity that experiences emissions events:
(1) to maintain a record of all emissions events at the
regulated entity in the manner and for the periods prescribed by
commission rule;
(2) to notify the commission in a single report for each
emissions event, as soon as practicable but not later than 24
hours after discovery of the emissions event, of an emissions
event resulting in the emission of a reportable quantity of air
contaminants as determined by commission rule; and
(3) to report to the commission in a single report for each
emissions event, not later than two weeks after the occurrence of
an emissions event that results in the emission of a reportable
quantity of air contaminants as determined by commission rule,
all information necessary to evaluate the emissions event,
including:
(A) the name of the owner or operator of the reporting regulated
entity;
(B) the location of the reporting regulated entity;
(C) the date and time the emissions began;
(D) the duration of the emissions;
(E) the nature and measured or estimated quantity of air
contaminants emitted, including the method of calculation of, or
other basis for determining, the quantity of air contaminants
emitted;
(F) the processes and equipment involved in the emissions event;
(G) the cause of the emissions; and
(H) any additional information necessary to evaluate the
emissions event.
(c) The owner or operator of a boiler or combustion turbine
fueled by natural gas, coal, lignite, wood, or fuel oil
containing hazardous air pollutants at concentrations of less
than 0.02 percent by weight that is equipped with a continuous
emission monitoring system that completes a minimum of one cycle
per operation (sampling, analyzing, and data recording) for each
successive 15-minute interval who is required to submit excess
emission reports by other state or federal regulations, shall, by
commission rule, be allowed to submit information from that
monitoring system to meet the requirements under Subsection
(b)(3) so long as the notice submitted under Subsection (b)(2)
contains the information required under Subsection (b)(3). Such
excess emission reports shall satisfy the recordkeeping
requirements of Subsection (b)(1) so long as the information in
such reports meets commission requirements. This subsection does
not require the commission to revise the reportable quantity for
boilers and combustion turbines.
(d) The commission shall centrally track emissions events and
collect information relating to:
(1) inspections or enforcement actions taken by the commission
in response to emissions events; and
(2) the number of emissions events occurring in each commission
region and the quantity of emissions from each emissions event.
(e) The commission shall develop the capacity for electronic
reporting and shall incorporate reported emissions events into a
permanent centralized database for emissions events. The
commission shall develop a mechanism whereby the reporting entity
shall be allowed to review the information relative to its
reported emissions events prior to such information being
included in the database. The database shall be accessible to the
public. The commission shall evaluate information in the database
to identify persons who repeatedly fail to report reportable
emissions events. The commission shall enforce against such
persons pursuant to Section 382.0216(i). The commission shall
describe such enforcement actions in the report required in
Subsection (g).
(f) An owner or operator of a regulated entity required by
Section 382.014 to submit an annual emissions inventory report
and which has experienced no emissions events during the relevant
year must include as part of the inventory a statement that the
regulated entity experienced no emissions events during the prior
year. An owner or operator of a regulated entity required by
Section 382.014 to submit an annual emissions inventory report
must include the total annual emissions from all emissions events
in categories as established by commission rule.
(g) The commission annually shall assess the information
received under this section, including actions taken by the
commission in response to the emissions events, and shall include
the assessment in the report required by Section 5.126, Water
Code.
(h) The commission may allow operators of pipelines, gathering
lines, and flowlines to treat all such facilities under common
ownership or control in a particular county as a single regulated
entity for the purpose of assessment and regulation of emissions
events.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 5.01(a), eff. Sept.
1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 9.0035(a), eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1095, Sec. 1, eff. September 1, 2005.
Sec. 382.0216. REGULATION OF EMISSIONS EVENTS. (a) In this
section, "emissions event" has the meaning assigned by Section
382.0215.
(b) The commission shall establish criteria for determining when
emissions events are excessive. The criteria must include
consideration of:
(1) the frequency of the facility's emissions events;
(2) the cause of the emissions event;
(3) the quantity and impact on human health or the environment
of the emissions event;
(4) the duration of the emissions event;
(5) the percentage of a facility's total annual operating hours
during which emissions events occur; and
(6) the need for startup, shutdown, and maintenance activities.
(c) The commission shall require a facility to take action to
reduce emissions from excessive emissions events. Consistent with
commission rules, a facility required to take action under this
subsection must either file a corrective action plan or file a
letter of intent to obtain authorization for emissions from the
excessive emissions events, provided that the emissions are
sufficiently frequent, quantifiable, and predictable. If the
intended authorization is a permit, a permit application shall be
filed within 120 days of the filing of the letter of intent. If
the intended authorization is a permit by rule or standard
exemption, the authorization must be obtained within 120 days of
the filing of the letter of intent. If the commission denies the
requested authorization, within 45 days of receiving notice of
the commission's denial, the facility shall file a corrective
action plan to reduce emissions from the excessive emissions
events.
(d) A corrective action plan filed under Subsection (c) must
identify the cause or causes of each emissions event, specify the
control devices or other measures that are reasonably designed to
prevent or minimize similar emissions events in the future, and
specify a time within which the corrective action plan will be
implemented. A corrective action plan must be approved by the
commission. A corrective action plan shall be deemed approved 45
days after filing, if the commission has not disapproved the
plan; however, an owner or operator may request affirmative
commission approval, in which case the commission must take final
written action to approve or disapprove the plan within 120 days.
An approved corrective action plan shall be made available to the
public by the commission, except to the extent information in the
plan is confidential information protected under Chapter 552,
Government Code. The commission shall establish reasonable
schedules for the implementation of corrective action plans and
procedures for revision of a corrective action plan if the
commission finds the plan, after implementation begins, to be
inadequate to meet the goal of preventing or minimizing emissions
and emissions events. The implementation schedule shall be
enforceable by the commission.
(e) The rules may not exclude from the requirement to submit a
corrective action plan emissions events resulting from the lack
of preventive maintenance or from operator error, or emissions
that are a part of a recurring pattern of emissions events
indicative of inadequate design or operation.
(f) The commission by rule may establish an affirmative defense
to a commission enforcement action if the emissions event meets
criteria defined by commission rule. In establishing rules under
this subsection, the commission at a minimum must require
consideration of the factors listed in Subsections (b)(1)-(6).
(g) The burden of proof in any claim of a defense to commission
enforcement action for an emissions event is on the person
claiming the defense.
(h) A person may not claim an affirmative defense to a
commission enforcement action if the person failed to take
corrective action under a corrective action plan approved by the
commission within the time prescribed by the commission and an
emissions event recurs because of that failure.
(i) In the event the owner or operator of a facility fails to
report an emissions event, the commission shall initiate
enforcement for such failure to report and for the underlying
emissions event itself. This subsection does not apply where an
owner or operator reports an emissions event and the report was
incomplete, inaccurate, or untimely unless the owner or operator
knowingly or intentionally falsified the information in the
report.
(j) The commission shall account for and consider chronic
excessive emissions events and emissions events for which the
commission has initiated enforcement in the manner set forth by
the commission in its review of an entity's compliance history.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 5.01(a), eff. Sept.
1, 2001.
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.
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.
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.
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.
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.
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.
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, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
49, Sec. 1, eff. May 8, 2007.
Acts 2007, 80th Leg., R.S., Ch.
49, Sec. 2, eff. May 8, 2007.
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.
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.
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.
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 h