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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of the cumulative effects of air |
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contaminant emissions in the emissions permitting process. |
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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 Subsection (b-1) to read as follows: |
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(b-1) In making its finding under Subsection (b)(2) as to |
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whether emissions from the facility will contravene the intent of |
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this chapter, the commission shall consider the cumulative effects |
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on the public's health and physical property of expected air |
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contaminant emissions from the facility or proposed facility and |
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from other facilities located less than three miles from the |
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facility or proposed facility. |
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SECTION 2. Section 382.055(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) In determining whether and under which conditions a |
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preconstruction permit should be renewed, the commission shall |
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consider, at a minimum: |
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(1) the performance of the owner or operator of the |
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facility according to the method developed by the commission under |
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Section 5.754, Water Code; [and] |
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(2) the condition and effectiveness of existing |
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emission control equipment and practices; and |
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(3) the cumulative effects on the public's health and |
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physical property of expected air contaminant emissions from the |
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facility and from other facilities located less than three miles |
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from the facility. |
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SECTION 3. The changes in law made by this Act apply only to |
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the issuance or renewal of a permit for which an application is |
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filed with the Texas Commission on Environmental Quality on or |
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after the effective date of this Act. The issuance or renewal of a |
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permit for which an application is filed with the Texas Commission |
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on Environmental Quality before the effective date of this Act is |
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governed by the law in effect when the application is filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |