Texas SB 179: Relating to the consideration of the cumulative effects of air contaminant emissions in the emissions permitting process.

Bill Text

By:AAMiles S.B.ANo.A179
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of the cumulative effects of air
contaminant emissions in the emissions permitting process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASection 382.0518, Health and Safety Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1)AAIn making its finding under Subsection (b)(2) as to
whether emissions from the facility will contravene the intent of
this chapter, the commission shall consider the cumulative effects
on the public’s health and physical property of expected air
contaminant emissions from the facility or proposed facility and
from other facilities located less than three miles from the
facility or proposed facility.
SECTIONA2.AASection 382.055(d), Health and Safety Code, is
amended to read as follows:
(d)AAIn determining whether and under which conditions a
preconstruction permit should be renewed, the commission shall
consider, at a minimum:
(1)AAthe performance of the owner or operator of the
facility according to the method developed by the commission under
Section 5.754, Water Code; [and]
(2)AAthe condition and effectiveness of existing
emission control equipment and practices; and
(3)AAthe cumulative effects on the public’s health and
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88R885 JAM-D 1

physical property of expected air contaminant emissions from the
facility and from other facilities located less than three miles
from the facility.
SECTIONA3.AAThe changes in law made by this Act apply only to
the issuance or renewal of a permit for which an application is
filed with the Texas Commission on Environmental Quality on or
after the effective date of this Act. The issuance or renewal of a
permit for which an application is filed with the Texas Commission
on Environmental Quality before the effective date of this Act is
governed by the law in effect when the application is filed, and the
former law is continued in effect for that purpose.
SECTIONA4.AAThis Act takes effect September 1, 2023.
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S.B.ANo.A179
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