By: Dunnam H.B. No. 2497
A BILL TO BE ENTITLED
AN ACT
relating to a conditional reduction of nitrogen oxides emissions
from certain coal-fired electric generating facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 382, Health and Safety
Code, is amended by adding Section 382.0175 to read as follows:
Sec. 382.0175. EMISSION REDUCTIONS AT CERTAIN COAL-FIRED
ELECTRIC GENERATING FACILITIES. (a) In this section,
"nonattainment area" has the meaning assigned by Section 384.001.
(b) If on or after January 1, 2009, any area of this state is
designated as a new nonattainment area because of a failure to meet
federal ambient air quality standards for ozone, the commission
shall determine whether any coal-fired electric generating
facility that uses pulverized coal, became operational on or after
January 1, 2009, and emits nitrogen oxides at a rate greater than
0.02 pounds per million British thermal units caused or contributed
to that failure. If the commission determines that the facility
caused or contributed to the area's failure to reduce the facility's
nitrogen oxides emissions to the extent technically feasible,
regardless of financial costs. The commission shall require the
nitrogen oxides emissions reductions before the commission
requires automobiles, area sources, or other stationary sources to
reduce their emissions of air contaminants that contribute to the
area's nonattainment of federal ozone ambient air quality
standards.
SECTION 2. This Act takes effect September 1, 2009.