| 1 | 1 | | 88R13309 MP-D |
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| 2 | 2 | | By: Smith H.B. No. 3404 |
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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 issuance of certain air permits for facilities |
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| 8 | 8 | | attached to mines and quarries. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 382, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 382.05187 to read as follows: |
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| 12 | 12 | | Sec. 382.05187. CERTAIN PRECONSTRUCTION PERMITS FOR MINES |
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| 13 | 13 | | AND QUARRIES. The commission may not issue a prevention of |
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| 14 | 14 | | significant deterioration air permit to an operator of a facility, |
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| 15 | 15 | | including a kiln, that is: |
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| 16 | 16 | | (1) attached to a mine or quarry; and |
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| 17 | 17 | | (2) located in a county that: |
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| 18 | 18 | | (A) has a population of more than 125,000; and |
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| 19 | 19 | | (B) is adjacent to a county designated as a |
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| 20 | 20 | | nonattainment area. |
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| 21 | 21 | | SECTION 2. Section 382.05187, Health and Safety Code, as |
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| 22 | 22 | | added by this Act, applies to an application for a permit submitted |
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| 23 | 23 | | to the Texas Commission on Environmental Quality on or after the |
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| 24 | 24 | | effective date of this Act. An application for a permit submitted |
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| 25 | 25 | | to the Texas Commission on Environmental Quality before the |
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| 26 | 26 | | effective date of this Act is governed by the law in effect at the |
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| 27 | 27 | | time the application was submitted, and the former law is continued |
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| 28 | 28 | | in effect for that purpose. |
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| 29 | 29 | | SECTION 3. This Act takes effect September 1, 2023. |
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