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  S.B. No. 1134
 
 
 
 
AN ACT
  relating to the issuance of permits for certain facilities
  regulated by the Texas Commission on Environmental Quality.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 382, Health and Safety
  Code, is amended by adding Sections 382.051961, 382.051962,
  382.051963, and 382.051964 to read as follows:
         Sec. 382.051961.  PERMIT FOR CERTAIN OIL AND GAS
  FACILITIES. (a)  This section applies only to new facilities or
  modifications of existing facilities that belong to Standard
  Industrial Classification Codes 1311 (Crude Petroleum and Natural
  Gas), 1321 (Natural Gas Liquids), 4612 (Crude Petroleum Pipelines),
  4613 (Refined Petroleum Pipelines), 4922 (Natural Gas
  Transmission), and 4923 (Natural Gas Transmission and
  Distribution).
         (b)  The commission may not adopt a new permit by rule or a
  new standard permit or amend an existing permit by rule or an
  existing standard permit relating to a facility to which this
  section applies unless the commission:
               (1)  conducts a regulatory analysis as provided by
  Section 2001.0225, Government Code;
               (2)  determines, based on the evaluation of credible
  air quality monitoring data, that the emissions limits or other
  emissions-related requirements of the permit are necessary to
  ensure that the intent of this chapter is not contravened,
  including the protection of the public's health and physical
  property;
               (3)  establishes any required emissions limits or other
  emissions-related requirements based on:
                     (A)  the evaluation of credible air quality
  monitoring data; and
                     (B)  credible air quality modeling that is not
  based on the worst-case scenario of emissions or other worst-case
  modeling scenarios unless the actual air quality monitoring data
  and evaluation of that data indicate that the worst-case scenario
  of emissions or other worst-case modeling scenarios yield modeling
  results that reflect the actual air quality monitoring data and
  evaluation; and
               (4)  considers whether the requirements of the permit
  should be imposed only on facilities that are located in a
  particular geographic region of the state.
         (c)  The air quality monitoring data and the evaluation of
  that data under Subsection (b):
               (1)  must be relevant and technically and
  scientifically credible, as determined by the commission; and
               (2)  may be generated by an ambient air quality
  monitoring program conducted by or on behalf of the commission in
  any part of the state or by another governmental entity of this
  state, a local or federal governmental entity, or a private
  organization.
         Sec. 382.051962.  AUTHORIZATION FOR PLANNED MAINTENANCE,
  START-UP, OR SHUTDOWN ACTIVITIES RELATING TO CERTAIN OIL AND GAS
  FACILITIES.  (a)  In this section, "planned maintenance, start-up,
  or shutdown activity" means an activity with emissions or opacity
  that:
               (1)  is not expressly authorized by commission permit,
  rule, or order and involves the maintenance, start-up, or shutdown
  of a facility;
               (2)  is part of normal or routine facility operations;
               (3)  is predictable as to timing; and
               (4)  involves the type of emissions normally authorized
  by permit.
         (b)  The commission may adopt one or more permits by rule or
  one or more standard permits and may amend one or more existing
  permits by rule or standard permits to authorize planned
  maintenance, start-up, or shutdown activities for facilities
  described by Section 382.051961(a).  The adoption or amendment of a
  permit under this subsection must comply with Section
  382.051961(b).
         (c)  An unauthorized emission or opacity event from a planned
  maintenance, start-up, or shutdown activity is subject to an
  affirmative defense as established by commission rules as those
  rules exist on the effective date of this section if:
               (1)  the emission or opacity event occurs at a facility
  described by Section 382.051961(a);
               (2)  an application or registration to authorize the
  planned maintenance, start-up, or shutdown activities of the
  facility is submitted to the commission on or before the earlier of:
                     (A)  January 5, 2014; or
                     (B)  the 120th day after the effective date of a
  new or amended permit adopted by the commission under Subsection
  (b); and
               (3)  the affirmative defense criteria in the rules are
  met.
         (d)  The affirmative defense described by Subsection (c) is
  not available for a facility on or after the date that an
  application or registration to authorize the planned maintenance,
  start-up, or shutdown activities of the facility is approved,
  denied, or voided.
         Sec. 382.051963.  AMENDMENT OF CERTAIN PERMITS. (a)  A
  permit by rule or standard permit that has been adopted by the
  commission under this subchapter and is in effect on the effective
  date of this section may be amended to require:
               (1)  the permit holder to provide to the commission
  information about a facility authorized by the permit, including
  the location of the facility; and
               (2)  any facility handling sour gas to be a minimum
  distance from a recreational area, a residence, or another
  structure not occupied or used solely by the operator of the
  facility or by the owner of the property upon which the facility is
  located.
         (b)  The amendment of a permit under this section is not
  subject to Section 382.051961(b).
         Sec. 382.051964.  AGGREGATION OF FACILITIES.
  Notwithstanding any other provision of this chapter, the commission
  may not aggregate a facility that belongs to a Standard Industrial
  Classification code identified by Section 382.051961(a) with
  another facility that belongs to a Standard Industrial
  Classification code identified by that section for purposes of
  consideration as an oil and gas site, a stationary source, or
  another single source in a permit by rule or a standard permit
  unless the facilities being aggregated:
               (1)  are under the control of the same person or are
  under the control of persons under common control;
               (2)  belong to the same first two-digit major grouping
  of Standard Industrial Classification codes;
               (3)  are operationally dependant; and
               (4)  are located not more than one-quarter mile from a
  condensate tank, oil tank, produced water storage tank, or
  combustion facility that:
                     (A)  is under the control of the same person who
  controls the facilities being aggregated or is under the control of
  persons under common control;
                     (B)  belongs to the same first two-digit major
  grouping of Standard Industrial Classification codes as the
  facilities being aggregated; and
                     (C)  is operationally dependant on the facilities
  being aggregated.
         SECTION 2.  (a)  Sections 382.051961, 382.051962,
  382.051963, and 382.051964, Health and Safety Code, as added by
  this Act, apply only to a new permit by rule or a new standard permit
  or any amendment to an existing permit by rule or amendment to an
  existing standard permit adopted by the Texas Commission on
  Environmental Quality on or after the effective date of this Act.
         (b)  A permit by rule or standard permit adopted by the Texas
  Commission on Environmental Quality and in effect before the
  effective date of this Act is not subject to Sections 382.051961,
  382.051962, and 382.051964, Health and Safety Code, as added by
  this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1134 passed the Senate on
  April 19, 2011, by the following vote:  Yeas 29, Nays 2;
  May 26, 2011, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 27, 2011, House
  granted request of the Senate; May 28, 2011, Senate adopted
  Conference Committee Report by the following vote:  Yeas 26,
  Nays 5.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1134 passed the House, with
  amendments, on May 23, 2011, by the following vote:  Yeas 129,
  Nays 17, two present not voting; May 27, 2011, House granted
  request of the Senate for appointment of Conference Committee;
  May 29, 2011, House adopted Conference Committee Report by the
  following vote:  Yeas 138, Nays 4, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor