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Texas Health & Safety Code - Chapter 382 Clean Air ActLegal Research Home > Texas Laws > Health & Safety Code > Texas Health & Safety Code - Chapter 382 Clean Air Act This chapter may be cited as the Texas Clean Air Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ... (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 ... In this chapter: (1) "Administrator" means the Administrator of the United States Environmental Protection Agency. (2) "Air contaminant" means particulate matter, radioactive material, dust, fumes, ... (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 ... (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 ... 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, § ... 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 ... 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 ... (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 ... (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 ... (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 ... (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 ... (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, ... (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 ... (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). ... (a) Subject to Section 352.082, and except as provided by Subsections (b) and (d), the commission by rule may control and prohibit the outdoor burning ... (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 ... Text of section effective until September 1, 2007 (a) In this section, "idling" means allowing an engine to run while the motor vehicle is ... (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 ... (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 ... (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 ... 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; ... (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 ... (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 ... (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 ... 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 ... (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 ... 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 ... (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 ... The commission may issue an order under an air emergency under Section 5.514, Water Code. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. ... (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 ... (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 ... (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 ... 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 ... (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 ... (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) ... (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 ... (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 ... The commission may execute contracts and instruments that are necessary or convenient to perform its powers or duties. Acts 1989, 71st Leg., ch. 678, § ... (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) ... 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 ... The commission by rule shall adopt any memorandum of understanding between the commission and another state agency. Acts 1989, 71st Leg., ch. 678, § 1, ... 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 ... 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 ... (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 ... (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 ... 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 ... (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 ... (a) Except as provided in Subsection (b), in determining whether a proposed change at an existing facility is a modification, the commission may not consider ... The commission may establish and enforce permit conditions consistent with this chapter. Permit conditions of general applicability shall be adopted by rule. Added by Acts ... The commission may require, at the expense of the permit holder and as a condition of the permit: (1) sampling and monitoring of a permitted ... A person applying for a permit shall submit to the commission: (1) a permit application; (2) copies of all plans and specifications necessary to determine ... On receiving an application for a construction permit or an amendment to a construction permit, a special permit, or an operating permit for a facility ... The commission shall determine when an application filed under Section 382.054 or Section 382.0518 is administratively complete. On determination, the commission by mail shall notify ... (a) Before work is begun on the construction of a new facility or a modification of an existing facility that may emit air contaminants, the ... (a) Any facility affected by Section 382.0518(g) that does not have an application pending for a permit under this chapter, other than a permit required ... (a) Any notice submitted in compliance with this section must be filed with the commission by the dates in Section 382.05181(a). (b) A notice under ... (a) The owner or operator of a facility affected by Section 382.0518(g) may apply for a permit to operate the facility under this section. (b) ... (a) Facilities affected by Section 382.0518(g) that are located at a small business stationary source, as defined by Section 5.135, Water Code, and are not ... (a) An electric generating facility is considered permitted under this section with respect to all air contaminants if the facility is: (1) a natural-gas-fired electric ... (a) This section applies only to reciprocating internal combustion engines that are part of processing, treating, compression, or pumping facilities affected by Section 382.0518(g) connected ... Text of section effective upon enactment of nitrogen oxide emissions reduction legislation, and effective until March 1, 2007 (a) The commission by rule shall develop ... (a) In this section, "affiliate" means a person that directly or indirectly controls, is controlled by, or is under common control with another person. (b) ... (a) Before September 1, 2001, the owner or operator of an existing, unpermitted facility not subject to the requirement to obtain a permit under Section ... (a) An applicant for a permit under Section 382.05183, 382.05185(c) or (d), 382.05186, or 382.0519 shall publish notice of intent to obtain the permit in ... Review and renewal of a permit issued under Section 382.05183, 382.05185(c) or (d), 382.05186, 382.0519, or 382.05194 shall be conducted in accordance with Section 382.055. ... (a) The commission may issue a permit under Section 382.0519 for a facility: (1) that makes a good faith effort to make equipment improvements and ... (a) The commission may issue a multiple plant permit for multiple plant sites that are owned or operated by the same person or persons under ... (a) The commission may issue a standard permit for new or existing similar facilities if the commission finds that: (1) the standard permit is enforceable; ... (a) Consistent with Section 382.051, the commission may adopt permits by rule for certain types of facilities if it is found on investigation that the ... (a) An applicant for a permit under Section 382.05194 shall publish notice of intent to obtain the permit in accordance with Section 382.056, except that ... (a) The commission shall issue a standard permit for a permanent concrete plant that performs wet batching, dry batching, or central mixing and that meets ... (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 ... In considering the issuance of a permit to construct or modify a facility within 3,000 feet of an elementary, junior high, or senior high school, ... (a) The commission may not grant a construction permit for a lead smelting plant at a site: (1) located within 3,000 feet of an individual's ... Subject to Section 382.0511(c), a person may not operate a federal source unless the person has obtained a federal operating permit from the commission under ... (a) The commission may: (1) require a federal source to obtain a permit under the federal Clean Air Act (42 U.S.C. Section 7401 et seq.); ... (a) A federal source is eligible for a permit required by Section 382.054 if from the information available to the commission, including information presented at ... (a) In accordance with Section 382.0541(a)(5), a federal operating permit issued or renewed by the commission is subject to review at least every five years ... (a) A preconstruction permit issued or renewed by the commission is subject to review to determine whether the authority to operate should be renewed according ... (a) Except as provided by Section 382.0518(h), an applicant for a permit or permit amendment under Section 382.0518 or a permit renewal review under Section ... (a) Public hearings on applications for issuance, revision, reopening, or renewal of a federal operating permit shall be conducted under this section only and not ... (a) The commission or its designee shall send notice of a proposed final action on a federal operating permit by first-class mail to the applicant ... (a) The commission by rule may provide for public petitions to the administrator in accordance with Section 505 of the federal Clean Air Act (42 ... The commission by rule may allow for notification of and review by the administrator and affected states of permit applications, revisions, renewals, or draft permits ... (a) The United States Department of Energy may specify the FutureGen emissions profile for a project in that department's request for proposals or request for ... (a) Consistent with Section 382.0511, the commission by rule may exempt from the requirements of Section 382.0518 changes within any facility if it is found ... (a) A person may not begin construction on any concrete plant that performs wet batching, dry batching, or central mixing under a standard permit under ... (a) The commission shall deny an application for the issuance, amendment, renewal, or transfer of a permit and may not issue, amend, renew, or transfer ... (a) The commission may delegate to the executive director the powers and duties under Sections 382.051-382.0563 and 382.059, except for the adoption of rules. (b) ... (a) The commission shall adopt, charge, and collect a fee for: (1) each application for: (A) a permit or permit amendment, revision, or modification not ... (a) The commission shall adopt, charge, and collect an annual fee based on emissions for each source that either: (1) is subject to permitting requirements ... (a) Clean Air Act fees consist of: (1) fees collected by the commission under Sections 382.062, 382.0621, 382.202, and 382.302 and as otherwise provided by ... (a) The commission may issue an emergency order because of catastrophe under Section 5.515, Water Code. (b) In this section, "catastrophe" means an unforeseen event, ... An application for a federal operating permit is not required to be submitted to the commission before the approval of the Title V permitting program ... (a) The commission by rule shall prohibit the operation of a concrete crushing facility within 440 yards of a building in use as a single ... (a) In this section, "shipyard" means a shipbuilding or ship repair operation. (b) In determining whether to issue, or in conducting a review of, a ... (a) Except as authorized by a commission rule or order, a person may not cause, suffer, allow, or permit the emission of any air contaminant ... (a) A local government has the same power and is subject to the same restrictions as the commission under Section 382.015 to inspect the air ... A local government may make recommendations to the commission concerning a rule, determination, variance, or order of the commission that affects an area in the ... (a) Subject to Section 381.002, a municipality has the powers and rights as are otherwise vested by law in the municipality to: (1) abate a ... A local government may execute cooperative agreements with the commission or other local governments: (1) to provide for the performance of air quality management, inspection, ... In this subchapter: (1) "Affected county" means a county with a motor vehicle emissions inspection and maintenance program established under Section 548.301, Transportation Code. (2) ... (a) The commission by resolution may request the Public Safety Commission to establish a vehicle emissions inspection and maintenance program under Subchapter F, Chapter 548, ... (a) The inspection and maintenance program applies to any gasoline-powered vehicle that is: (1) required to be registered in and is primarily operated in an ... (a) The commission and the Department of Public Safety of the State of Texas jointly shall develop a program component for enforcing vehicle emissions testing ... (a) The commission by rule may adopt: (1) standards and specifications for motor vehicle emissions testing equipment; (2) recordkeeping and reporting procedures; and (3) measurable ... (a) The commission and the Department of Public Safety of the State of Texas may collect inspection and maintenance information derived from the emissions inspection ... (a) The Department of Public Safety of the State of Texas by rule shall adopt standards and procedures for establishing vehicle emissions inspection stations authorized ... (a) Except as provided by Section 382.202(j) or another provision of this chapter, the commission shall coordinate with federal, state, and local transportation planning agencies ... (a) The commission and the Public Safety Commission by joint rule shall establish and authorize the commissioners court of a participating county to implement a ... The commission by rule shall adopt guidelines to assist a participating county in implementing a low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program ... (a) The commissioners court of a participating county may appoint one or more local advisory panels consisting of representatives of automobile dealerships, the automotive repair ... (a) In this section, "emissions reduction credit" means an emissions reduction certified by the commission that is: (1) created by eliminating future emissions, quantified during ... (a) Except as provided by Subsection (c) and Subdivision (5) of this subsection, a vehicle retired under an accelerated vehicle retirement program authorized by Section ... (a) A person who with intent to defraud sells a vehicle in an accelerated vehicle retirement program established under Section 382.209 commits an offense that ... Nothing in this subchapter may be construed to require a vehicle that has failed a required emissions test to be sold or destroyed by the ... The commission, the Texas Department of Transportation, and the Public Safety Commission may, subject to federal limitations: (1) encourage counties likely to exceed federal clean ... (a) Money that is made available to affected or participating counties under Section 382.202(q)(1) may be appropriated for programs administered in accordance with Chapter 783, ... (a) This section applies only to a county with a population of 650,000 or more that borders the United Mexican States. (b) A county that ... In this subchapter: (1) "Early action compact" means an agreement entered into before January 1, 2003, by the United States Environmental Protection Agency, the commission, ... (a) A participating county whose early action plan contains provisions for a motor vehicle emissions inspection and maintenance program and has been found adequate by ... Last modified: August 11, 2007 |
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