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.
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