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.