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Amend CSHB 2481 by adding the following appropriately
numbered section and renumbering the subsequent sections of the
bill accordingly:
SECTION . Subchapter B, Chapter 382, Health and Safety
Code, is amended by adding Section 382.0173 to read as follows:
Sec. 382.0173. ADOPTION OF RULES REGARDING CERTAIN STATE
IMPLEMENTATION PLAN REQUIREMENTS AND STANDARDS OF PERFORMANCE FOR
CERTAIN SOURCES. (a) The commission shall adopt rules to comply
with Sections 110 (a) (2) (D) and 111(d) of the federal Clean Air
Act (42 U.S.C. Sections 7410 and 7411). In adopting the rules, the
commission shall adopt and incorporate by reference 40 C.F.R.
Subparts AA through II and Subparts AAA through III of Part 96 and
40 C.F.R. Subpart HHHH of Part 60. The commission shall adopt a
state implementation plan in accordance with the rules and submit
the plan to the United States Environmental Protection Agency for
approval according to the schedules provided by 40 C.F.R. Sections
51.123 (d) (1), 51.124 (d) (1), and 60.24 (h)(2).
(b) The commission may require emissions reductions in
conjunction with implementation of the rules adopted under
Subsection (a) only for electric utility steam generating units, as
defined by 40 C.F.R. Section 60.41a. The commission shall make a
permanent allocation without cost to electric generating units as
defined by 40 C.F.R. Section 51.123 using the United States
Environmental Protection Agency's allocation method as specified
by 40 C.F.R. Section 60.4142(a) (1) (i), as issued by that agency on
March 15, 2005, or 40 C.F.R. Section 96.142 (a) (1) (i), as issued
by that agency on March 10, 2005, as applicable. The commission
shall make new unit allocations for electric generating units in
accordance with Section 416(b) of the federal Clean Air Act (42
U.S.C. Section 7651o).
(c) This section applies only while the federal rules cited
in this section are enforceable and does not limit the authority of
the commission to implement more stringent emissions control
requirements.
(d) In adopting rules under Subsection (a), the commission
shall incorporate any modifications to the federal rules cited in
this section that result from a request for rehearing regarding
those rules that is filed with the United States Environmental
Protection Agency or from a petition for review of those rules that
is filed with a court.