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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for preconstruction permit renewals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.055, Health and Safety Code, is |
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amended by amending Subsection (e) and adding Subsections (e-1), |
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(e-2), and (e-3) to read as follows: |
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(e) The commission shall impose as a condition for renewal |
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of a preconstruction permit only those requirements the commission |
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determines to be economically reasonable and technically |
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practicable considering the age of the facility and the effect of |
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its emissions on the surrounding area. |
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(e-1) The commission may not impose requirements under |
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Subsection (e) more stringent than those of the existing permit |
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unless the commission determines that: |
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(1) the requirements are necessary to avoid a |
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condition of air pollution; |
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(2) the requirements are necessary [or] to ensure |
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compliance with otherwise applicable federal or state air quality |
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control requirements; or |
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(3) the facility is permitted to emit an air |
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contaminant that has the potential to produce adverse health |
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effects or odors and is listed on the commission's air pollutant |
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watch list for a specified geographic area in which the facility is |
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located. |
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(e-2) The authority of the commission under Subsection |
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(e-1)(3) to impose a more stringent requirement on a facility |
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applies only to requirements applicable to an air contaminant that |
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is listed on the air pollutant watch list for the specific |
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geographic area in which the facility is located. |
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(e-3) The commission may not impose requirements under |
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Subsection (e) less stringent than those of the existing permit |
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unless the commission determines that a proposed change will meet |
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the requirements of Sections 382.0518 and 382.0541. |
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SECTION 2. Section 382.055(e-1), Health and Safety Code, as |
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added by this Act, applies only to an application for a |
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preconstruction permit renewal that is submitted to the Texas |
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Commission on Environmental Quality on or after the effective date |
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of this Act. A preconstruction permit renewal application that is |
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submitted to the commission before the effective date of this Act is |
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governed by the law in effect when the application was submitted, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |