By: Shapleigh S.B. No. 1561 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the acceptance by the Texas Natural Resource 1-3 Conservation Commission of certain emissions reductions in exchange 1-4 for other emissions reductions. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 382.0172, Health and Safety Code, is 1-7 amended to read as follows: 1-8 Sec. 382.0172. INTERNATIONAL BORDER AREAS. (a) In order to 1-9 qualify for the exceptions provided by Section 179B of the federal 1-10 Clean Air Act (42 U.S.C. Section 7509a), as added by Section 818 of 1-11 the federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549), 1-12 the commission, in developing rules and control programs to be 1-13 included in an implementation plan for an international border 1-14 area, shall ensure that the plan or revision: 1-15 (1) meets all requirements applicable to the plan or 1-16 revision under Title I of the federal Clean Air Act Amendments of 1-17 1990 (Pub.L. No. 101-549), other than a requirement that the plan 1-18 or revision demonstrates attainment and maintenance of the relevant 1-19 national ambient air quality standards by the attainment date 1-20 specified by the applicable provision of Title I of the federal 1-21 Clean Air Act Amendments of 1990 (Pub.L. No. 101-549) or by a 1-22 regulation adopted under that provision; and 1-23 (2) would be adequate to attain and maintain the 1-24 relevant national ambient air quality standards by the attainment 1-25 date specified by the applicable provision of Title I of the 2-1 federal Clean Air Act Amendments of 1990 (Pub.L. No. 101-549) or by 2-2 a regulation adopted under that provision, but for emissions 2-3 emanating from outside the United States. 2-4 (b) For purposes of any emissions control or permit program 2-5 adopted or administered by the commission and subject to Subsection 2-6 (c), the commission, to the extent allowed by federal law, may: 2-7 (1) authorize the use of emissions reductions achieved 2-8 outside the United States to satisfy otherwise applicable emissions 2-9 reduction requirements if the commission finds that the emissions 2-10 reductions achieved outside the United States are surplus to 2-11 requirements imposed by applicable law and are appropriately 2-12 quantifiable and enforceable; and 2-13 (2) allow the use of reductions in emissions of one 2-14 air contaminant to satisfy otherwise applicable requirements for 2-15 reductions in emissions of another air contaminant if the 2-16 commission finds that the air contaminant emissions reductions that 2-17 will be substituted are of equal or greater significance to the 2-18 overall air quality of the area affected than reductions in 2-19 emissions of the other air contaminant. 2-20 (c) The commission may authorize or allow substitution of 2-21 emissions reductions under Subsection (b) only if: 2-22 (1) reductions in emissions of one air contaminant for 2-23 which the area has been designated as nonattainment are substituted 2-24 for reductions in emissions of another air contaminant for which 2-25 the area has been designated as nonattainment; and 2-26 (2) the commission finds that the substitution will 3-1 clearly result in greater health benefits for the community as a 3-2 whole than would reductions in emissions at the original facility. 3-3 SECTION 2. Not later than January 3, 2003, the Texas Natural 3-4 Resource Conservation Commission shall report to the governor and 3-5 the legislature regarding the implementation of the substitutions 3-6 of reductions in emissions of air contaminants authorized by 3-7 Section 382.0172, Health and Safety Code, as amended by this Act. 3-8 SECTION 3. This Act takes effect immediately if it receives 3-9 a vote of two-thirds of all the members elected to each house, as 3-10 provided by Section 39, Article III, Texas Constitution. If this 3-11 Act does not receive the vote necessary for immediate effect, this 3-12 Act takes effect September 1, 2001.