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A BILL TO BE ENTITLED
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AN ACT
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relating to a conditional reduction of nitrogen oxides emissions |
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from certain coal-fired electric generating facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.0175 to read as follows: |
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Sec. 382.0175. EMISSION REDUCTIONS AT CERTAIN COAL-FIRED |
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ELECTRIC GENERATING FACILITIES. (a) In this section, |
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"nonattainment area" has the meaning assigned by Section 384.001. |
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(b) If on or after January 1, 2009, any area of this state is |
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designated as a new nonattainment area because of a failure to meet |
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federal ambient air quality standards for ozone, the commission |
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shall determine whether any coal-fired electric generating |
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facility that uses pulverized coal, became operational on or after |
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January 1, 2009, and emits nitrogen oxides at a rate greater than |
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0.02 pounds per million British thermal units caused or contributed |
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to that failure. If the commission determines that the facility |
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caused or contributed to the area's failure to reduce the facility's |
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nitrogen oxides emissions to the extent technically feasible, |
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regardless of financial costs. The commission shall require the |
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nitrogen oxides emissions reductions before the commission |
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requires automobiles, area sources, or other stationary sources to |
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reduce their emissions of air contaminants that contribute to the |
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area's nonattainment of federal ozone ambient air quality |
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standards. |
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SECTION 2. This Act takes effect September 1, 2009. |