| 1 | 1 | | 88R12343 JRR-F |
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| 2 | 2 | | By: Reynolds H.B. No. 3433 |
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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 air quality permits for certain |
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| 8 | 8 | | facilities located in a nonattainment area. |
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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. Section 382.0518, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Subsections (b-1) and (b-2) to read as follows: |
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| 12 | 12 | | (b-1) This subsection applies only to the construction or |
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| 13 | 13 | | major modification of a facility that is a major stationary source |
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| 14 | 14 | | and is located or proposed to be located in an area designated as a |
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| 15 | 15 | | nonattainment area under the federal Clean Air Act (42 U.S.C. |
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| 16 | 16 | | Section 7401 et seq.). In making its finding under Subsection |
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| 17 | 17 | | (b)(2) as to whether emissions from the facility will contravene |
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| 18 | 18 | | the intent of this chapter, the commission shall: |
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| 19 | 19 | | (1) conduct an analysis of alternative locations, |
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| 20 | 20 | | sizes, production processes, and environmental control techniques |
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| 21 | 21 | | for the facility that demonstrates that the benefits of the |
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| 22 | 22 | | facility significantly outweigh the environmental and social costs |
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| 23 | 23 | | imposed as a result of the facility's location, construction, or |
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| 24 | 24 | | modification; and |
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| 25 | 25 | | (2) in conducting the analysis required under |
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| 26 | 26 | | Subdivision (1), consider the cumulative impacts that would result |
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| 27 | 27 | | from the issuance of the permit without changes to the site |
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| 28 | 28 | | location, size, production processes, and environmental control |
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| 29 | 29 | | techniques. |
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| 30 | 30 | | (b-2) For purposes of Subsection (b-1), "major stationary |
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| 31 | 31 | | source" and "major modification" have the meanings assigned by 40 |
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| 32 | 32 | | C.F.R. Section 51.165, as that section existed on January 1, 2023. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies only |
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| 34 | 34 | | to the issuance or amendment of a permit for which an application is |
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| 35 | 35 | | pending before the Texas Commission on Environmental Quality on or |
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| 36 | 36 | | after the effective date of this Act. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2023. |
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