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.