| 1 | 1 | | By: Peña H.B. No. 3760 |
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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 permitting and restrictions on the operations of scrap |
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| 7 | 7 | | metal recycling 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. Chapter 382, Health and Safety Code, is amended |
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| 10 | 10 | | by adding Sections 382.069 and 382.0691 to read as follows: |
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| 11 | 11 | | Sec. 382.069 DEFINITIONS. In this chapter, |
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| 12 | 12 | | ( |
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| 13 | 13 | | 1) "Scrap metal recycling facility" has the meaning |
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| 14 | 14 | | assigned by Section 375.001(9), Health and Safety Code. |
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| 15 | 15 | | (2) "Best available control technology" means an emission |
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| 16 | 16 | | limitation based on the maximum degree of reduction of |
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| 17 | 17 | | each pollutant subject to regulation under this chapter |
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| 18 | 18 | | emitted from or which results from any major emitting |
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| 19 | 19 | | facility, which the commission, on a case-by-case |
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| 20 | 20 | | basis, taking into account energy, environmental, and |
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| 21 | 21 | | economic impacts and other costs, determines is |
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| 22 | 22 | | achievable for such facility through application of |
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| 23 | 23 | | production processes and available methods, systems, |
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| 24 | 24 | | and techniques. |
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| 25 | 25 | | Sec. 382.0691 PERMIT FOR SCRAP METAL RECYCLING FACILITY |
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| 26 | 26 | | A scrap metal recycling facility applying for a permit under |
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| 27 | 27 | | Section 382.0518 or 382.0519, a standard permit under Section |
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| 28 | 28 | | 382.05195 or 382.05198, or a permit by rule under Section |
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| 29 | 29 | | 382.05196 must meet best available technology requirements |
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| 30 | 30 | | as determined by the commission. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies only |
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| 32 | 32 | | to an application for a permit to operate a scrap metal recycling |
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| 33 | 33 | | facility that is filed on or after the effective date of this Act. |
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| 34 | 34 | | An application for a permit filed before this effective date of this |
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| 35 | 35 | | Act is governed by the law in effect on the date of filing. |
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| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive vote necessary for immediate effect, this Act |
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| 40 | 40 | | takes effect September 1, 2015. |
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