| 1 | 1 | | 81R11329 JJT-D |
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| 2 | 2 | | By: Anderson H.B. No. 2770 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the consideration of the cumulative effects of certain |
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| 8 | 8 | | air contaminant emissions in the emissions permitting process for |
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| 9 | 9 | | electric generating facilities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 382.0518, Health and Safety Code, is |
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| 12 | 12 | | amended by adding Subsection (b-1) to read as follows: |
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| 13 | 13 | | (b-1) In the case of an electric generating facility, in |
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| 14 | 14 | | making its findings under Subsection (b)(2) as to whether emissions |
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| 15 | 15 | | from the facility will contravene the intent of this chapter, the |
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| 16 | 16 | | commission shall consider the cumulative effects on the public's |
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| 17 | 17 | | health and physical property of expected emissions of mercury, |
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| 18 | 18 | | sulphur dioxide, nitrogen oxides, and particulate matter from the |
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| 19 | 19 | | facility or proposed facility and from other electric generating |
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| 20 | 20 | | facilities or proposed electric generating facilities located less |
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| 21 | 21 | | than 100 miles from the facility or proposed facility. |
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| 22 | 22 | | SECTION 2. Section 382.055(d), Health and Safety Code, is |
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| 23 | 23 | | amended to read as follows: |
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| 24 | 24 | | (d) In determining whether and under which conditions a |
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| 25 | 25 | | preconstruction permit should be renewed, the commission shall |
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| 26 | 26 | | consider, at a minimum: |
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| 27 | 27 | | (1) the performance of the owner or operator of the |
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| 28 | 28 | | facility according to the method developed by the commission under |
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| 29 | 29 | | Section 5.754, Water Code; [and] |
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| 30 | 30 | | (2) the condition and effectiveness of existing |
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| 31 | 31 | | emission control equipment and practices; and |
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| 32 | 32 | | (3) in the case of an electric generating facility, |
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| 33 | 33 | | the cumulative effects on the public's health and physical property |
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| 34 | 34 | | of expected emissions of mercury, sulphur dioxide, nitrogen oxides, |
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| 35 | 35 | | and particulate matter from the facility and from other electric |
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| 36 | 36 | | generating facilities located less than 100 miles from the |
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| 37 | 37 | | facility. |
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| 38 | 38 | | SECTION 3. The changes in law made by this Act apply only to |
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| 39 | 39 | | the issuance or renewal of a permit the application for which is |
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| 40 | 40 | | filed with the Texas Commission on Environmental Quality on or |
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| 41 | 41 | | after the effective date of this Act. The issuance or renewal of a |
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| 42 | 42 | | permit the application for which is filed with the Texas Commission |
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| 43 | 43 | | on Environmental Quality before the effective date of this Act is |
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| 44 | 44 | | governed by the law in effect when the application is filed, and the |
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| 45 | 45 | | former law is continued in effect for that purpose. |
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| 46 | 46 | | SECTION 4. This Act takes effect September 1, 2009. |
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