88R13309 MP-D
 
  By: Smith H.B. No. 3404
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the issuance of certain air permits for facilities
  attached to mines and quarries.
         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 382.05187 to read as follows:
         Sec. 382.05187.  CERTAIN PRECONSTRUCTION PERMITS FOR MINES
  AND QUARRIES. The commission may not issue a prevention of
  significant deterioration air permit to an operator of a facility,
  including a kiln, that is:
               (1)  attached to a mine or quarry; and 
               (2)  located in a county that:
                     (A)  has a population of more than 125,000; and
                     (B)  is adjacent to a county designated as a
  nonattainment area.
         SECTION 2.  Section 382.05187, Health and Safety Code, as
  added by this Act, applies to an application for a permit submitted
  to the Texas Commission on Environmental Quality on or after the
  effective date of this Act.  An application for a permit submitted
  to the Texas Commission on Environmental Quality before the
  effective date of this Act is governed by the law in effect at the
  time the application was submitted, and the former law is continued
  in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.