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  By: Burnam H.B. No. 3424
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to Nitrogen Oxide emission limits for cement kilns in
  certain non-attainment areas for ozone.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 382, Health and Safety
  Code is amended by adding Section 382.067 to read as follows:
         Sec. 382.067.  LIMITATION ON NITROGEN OXIDES EMISSIONS OF
  CEMENT KILNS IN NONATTAINMENT AREAS.  (a)  The commission by rule or
  by permit condition shall provide that, after September 1, 2011, a
  cement kiln that is located in an area designated as a nonattainment
  area for a national ambient air quality standard under Section
  107(d) of the federal Clean Air Act (42 U.S.C. Section 7407) may not
  emit more than 1.7 pounds of nitrogen oxides for each ton of clinker
  produced by the kiln from March 1 through October 31 of each
  calendar year.
         (b)  The owner or operator of a cement kiln may apply for and
  receive funds from the Clean Air Account not to exceed $2,500,000
  per kiln until September 1, 2011 to comply with this section.
         (c)  The commission shall adopt rules to implement this
  section.
         SECTION 2.  This act takes effect September 1, 2009.