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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of the cumulative effects of certain |
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air contaminant emissions in the emissions permitting process for |
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electric generating facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.0518, Health and Safety Code, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) In the case of an electric generating facility, in |
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making its findings under Subsection (b)(2) as to whether emissions |
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from the facility will contravene the intent of this chapter, the |
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commission shall consider the cumulative effects on the public's |
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health and physical property of expected emissions of mercury, |
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sulphur dioxide, nitrogen oxides, and particulate matter from the |
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facility or proposed facility and from other electric generating |
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facilities or proposed electric generating facilities located less |
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than 100 miles from the facility or proposed facility. |
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SECTION 2. Section 382.055(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) In determining whether and under which conditions a |
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preconstruction permit should be renewed, the commission shall |
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consider, at a minimum: |
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(1) the performance of the owner or operator of the |
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facility according to the method developed by the commission under |
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Section 5.754, Water Code; [and] |
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(2) the condition and effectiveness of existing |
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emission control equipment and practices; and |
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(3) in the case of an electric generating facility, |
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the cumulative effects on the public's health and physical property |
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of expected emissions of mercury, sulphur dioxide, nitrogen oxides, |
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and particulate matter from the facility and from other electric |
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generating facilities located less than 100 miles from the |
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facility. |
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SECTION 3. The changes in law made by this Act apply only to |
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the issuance or renewal of a permit the application for which is |
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filed with the Texas Commission on Environmental Quality on or |
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after the effective date of this Act. The issuance or renewal of a |
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permit the application for which is filed with the Texas Commission |
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on Environmental Quality before the effective date of this Act is |
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governed by the law in effect when the application is filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |