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A BILL TO BE ENTITLED
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AN ACT
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relating to air contaminant emissions in air quality control |
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regions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.013, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 382.013. AIR QUALITY CONTROL REGIONS. (a) In this |
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section, "new facility" means a facility for which a person applies |
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for a preconstruction permit on or after the date on which the |
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commission designates air quality control regions under this |
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section. |
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(b) The commission shall [may] designate air quality |
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control regions based on: |
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(1) jurisdictional boundaries; |
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(2) [,] urban-industrial concentrations; |
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(3) the proximity of sources in a proposed or existing |
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region to nonattainment areas in this state; |
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(4) the distances air contaminants have been |
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demonstrated to travel from sources and contribute to a condition |
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of air pollution;[,] and |
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(5) other factors, including atmospheric areas, |
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necessary to provide adequate implementation of air quality |
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standards and prevent air quality deterioration. |
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(c) For each air quality control region, the commission by |
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rule shall establish a maximum air contaminant emissions level for |
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the combined air contaminant emissions from all new facilities in |
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the region. |
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SECTION 2. Section 382.0513, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 382.0513. PERMIT CONDITIONS. (a) The commission may |
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establish and enforce permit conditions consistent with this |
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chapter. Permit conditions of general applicability shall be |
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adopted by rule. |
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(b) In each air quality control region established under |
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Section 382.013, the commission shall impose permit conditions on a |
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regionwide basis as necessary to: |
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(1) ensure that the ambient air quality of an |
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attainment area does not deteriorate to the level of a |
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nonattainment area; and |
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(2) prevent further ambient air quality deterioration |
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in a nonattainment area. |
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SECTION 3. Section 382.0518(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The commission shall grant within a reasonable time a |
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permit or permit amendment to construct or modify a facility if, |
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from the information available to the commission, including |
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information presented at any hearing held under Section 382.056(k), |
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the commission finds: |
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(1) the proposed facility for which a permit, permit |
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amendment, or a special permit is sought will use at least the best |
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available control technology, considering the technical |
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practicability and economic reasonableness of reducing or |
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eliminating the emissions resulting from the facility; [and] |
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(2) emissions from the proposed facility would not |
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cause the maximum air contaminant emissions level established under |
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Section 382.013 to be exceeded; and |
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(3) no indication that the emissions from the facility |
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will contravene the intent of this chapter, including protection of |
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the public's health and physical property. |
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SECTION 4. The Texas Commission on Environmental Quality |
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shall designate air quality control regions and adopt rules to |
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establish maximum air contaminant emissions levels as required by |
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Section 382.013, Health and Safety Code, as amended by this Act, as |
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soon as practicable after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2011. |