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A BILL TO BE ENTITLED
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AN ACT
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relating to the renewal of certain air quality permits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.055(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A preconstruction permit issued or renewed by the |
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commission is subject to review to determine whether the authority |
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to operate should be renewed according to the following schedule: |
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(1) a preconstruction permit issued before December 1, |
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1991, is subject to review not later than 15 years after the date of |
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issuance; |
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(2) a preconstruction permit issued on or after |
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December 1, 1991, is subject to review: |
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(A) every 10 years after the date of issuance; or |
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(B) at the time the commission considers a permit |
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amendment if the permit amendment requires public notice and the |
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application is filed not more than 36 months before the permit is |
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subject to review under Paragraph (A); and |
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(3) for cause, a preconstruction permit issued on or |
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after December 1, 1991, for a facility at a nonfederal source may |
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contain a provision requiring the permit to be renewed at a period |
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not to exceed 10 years as determined by the commission [of between
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five and 10 years]. |
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SECTION 2. The change in law made by this Act to Section |
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382.055, Health and Safety Code, applies only to a preconstruction |
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permit for which an application for a permit amendment is filed on |
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or after the effective date of this Act. An application for a permit |
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amendment filed before the effective date of this Act is subject to |
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the law in effect on the date of filing, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |