| 1 | 1 | | By: Dunnam H.B. No. 2497 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a conditional reduction of nitrogen oxides emissions |
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| 7 | 7 | | from certain coal-fired electric generating facilities. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 382, Health and Safety |
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| 10 | 10 | | Code, is amended by adding Section 382.0175 to read as follows: |
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| 11 | 11 | | Sec. 382.0175. EMISSION REDUCTIONS AT CERTAIN COAL-FIRED |
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| 12 | 12 | | ELECTRIC GENERATING FACILITIES. (a) In this section, |
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| 13 | 13 | | "nonattainment area" has the meaning assigned by Section 384.001. |
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| 14 | 14 | | (b) If on or after January 1, 2009, any area of this state is |
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| 15 | 15 | | designated as a new nonattainment area because of a failure to meet |
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| 16 | 16 | | federal ambient air quality standards for ozone, the commission |
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| 17 | 17 | | shall determine whether any coal-fired electric generating |
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| 18 | 18 | | facility that uses pulverized coal, became operational on or after |
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| 19 | 19 | | January 1, 2009, and emits nitrogen oxides at a rate greater than |
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| 20 | 20 | | 0.02 pounds per million British thermal units caused or contributed |
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| 21 | 21 | | to that failure. If the commission determines that the facility |
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| 22 | 22 | | caused or contributed to the area's failure to reduce the facility's |
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| 23 | 23 | | nitrogen oxides emissions to the extent technically feasible, |
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| 24 | 24 | | regardless of financial costs. The commission shall require the |
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| 25 | 25 | | nitrogen oxides emissions reductions before the commission |
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| 26 | 26 | | requires automobiles, area sources, or other stationary sources to |
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| 27 | 27 | | reduce their emissions of air contaminants that contribute to the |
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| 28 | 28 | | area's nonattainment of federal ozone ambient air quality |
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| 29 | 29 | | standards. |
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| 30 | 30 | | SECTION 2. This Act takes effect September 1, 2009. |
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