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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of the Texas Commission on Environmental |
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Quality related to the state implementation plan for national |
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ambient air quality standards. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.0173, Health and Safety Code, is |
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amended by adding Subsections (h) and (i) to read as follows: |
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(h) If the administrator of the United States Environmental |
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Protection Agency determines that the state implementation plan |
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adopted under Subsection (a) is insufficient as it relates in any |
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area to the federal eight-hour ozone standard under 40 C.F.R. |
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Section 50.10, or if the administrator or the commission otherwise |
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determines it is necessary to achieve greater reductions of |
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nitrogen oxides emissions in any area than the reductions the state |
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implementation plan provides for, in acting to bring the state |
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implementation plan into sufficiency for the eight-hour ozone |
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standard or to achieve the necessary reductions, the commission's |
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first efforts shall be to adopt rules that require all technically |
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feasible reductions of nitrogen oxides emissions from solid-fueled |
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electric generating units that are permitted or constructed after |
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January 1, 2007, and have nitrogen oxides emissions rates that |
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exceed 0.019 pounds per million British thermal units. |
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(i) To the extent that the state must achieve reductions of |
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nitrogen oxides emissions because the administrator of the United |
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States Environmental Protection Agency designates an area of the |
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state as a nonattainment area for a national ambient air quality |
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standard under Section 107(d) of the federal Clean Air Act (42 |
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U.S.C. Section 7407) after January 1, 2007, the commission's first |
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efforts shall be to adopt rules that require all technically |
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feasible reductions of nitrogen oxides emissions from solid-fueled |
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electric generating units that are permitted or constructed after |
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January 1, 2007, and have nitrogen oxides emissions rates that |
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exceed 0.019 pounds per million British thermal units. |
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SECTION 2. 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. |