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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of air quality permits for certain |
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facilities located in a nonattainment area. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.0518, Health and Safety Code, is |
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amended by adding Subsections (b-1) and (b-2) to read as follows: |
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(b-1) This subsection applies only to the construction or |
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major modification of a facility that is a major stationary source |
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and is located or proposed to be located in an area designated as a |
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nonattainment area under the federal Clean Air Act (42 U.S.C. |
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Section 7401 et seq.). In making its finding under Subsection |
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(b)(2) as to whether emissions from the facility will contravene |
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the intent of this chapter, the commission shall: |
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(1) conduct an analysis of alternative locations, |
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sizes, production processes, and environmental control techniques |
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for the facility that demonstrates that the benefits of the |
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facility significantly outweigh the environmental and social costs |
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imposed as a result of the facility's location, construction, or |
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modification; and |
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(2) in conducting the analysis required under |
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Subdivision (1), consider the cumulative impacts that would result |
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from the issuance of the permit without changes to the site |
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location, size, production processes, and environmental control |
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techniques. |
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(b-2) For purposes of Subsection (b-1), "major stationary |
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source" and "major modification" have the meanings assigned by 40 |
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C.F.R. Section 51.165, as that section existed on January 1, 2023. |
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SECTION 2. The change in law made by this Act applies only |
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to the issuance or amendment of a permit for which an application is |
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pending before the Texas Commission on Environmental Quality on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |