Journal of the Senate, Regular Session of the Seventy-Ninth Legislature of the State of Texas, Volume 3 Page: 2,630
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(1) reductions in emissions of one air contaminant for which the area has
been designated as nonattainment are substituted for reductions in emissions of
another air contaminant for which the area has been designated as nonattainment; or
(2) the commission finds that the substitution will clearly result in greater
health benefits for the community as a whole than would reductions in emissions at
the original facility.
The amendment to CSHB 2481 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor
Amendment No. 1.
Senator Armbrister offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSHB 2481 as follows:
(1) Insert the following appropriately numbered sections:
SECTION . Subchapter B, Chapter 382, Health and Safety Code, is
amended by adding Section 382.0173 to read as follows:
Sec. 382.0173. ADOPTION OF RULES REGARDING CERTAIN STATE
IMPLEMENTATION PLAN REQUIREMENTS AND STANDARDS OF
PERFORMANCE FOR CERTAIN SOURCES. (a) The commission shall adopt rules
to comply with Sections 110(a)(2)(D) and 111(d) of the federal Clean Air Act (42
U.S.C. Sections 7410 and 7411). In adopting the rules, at a minimum the commission
shall adopt and incorporate by reference 40 C.F.R. Subparts AA through II and
Subparts AAA through III of Part 96 and 40 C.F.R. Subpart HHHH of Part 60. The
commission shall adopt a state implementation plan in accordance with the rules and
submit the plan to the United States Environmental Protection Agency for approval
according to the schedules adopted by that agency.
(b) The commission may require emissions reductions in conjunction with
implementation of the rules adopted under Subsection (a) only for electric generating
units. The commission shall make permanent allocations that are reflective of the
allocation requirements of 40 C.F.R. Subparts AA through HH and Subparts AAA
through HHH of Part 96 and 40 C.F.R. Subpart HHHH of Part 60, as applicable, at no
cost to units as defined in 40 C.F.R. Section 51.123 and 60.4102 using the United
States Environmental Protection Agency's allocation method as specified by Section
60.4142(a)(1)(i), as issued by that agency on May 12, 2005, or 40 C.F.R. Section
96.142(a)(1)(i), as issued by that agency on May 18, 2005, as applicable with the
exception of nitrogen oxides which shall be allocated according to the additional
requirements of subsection (c). The commission shall maintain a special reserve of
allocations for new units commencing operation on or after January 1, 2001, as
defined by 40 C.F.R. Subparts AA through HH and Subparts AAA through HHH of
Part 96 and 40 C.F.R. Subpart HHHH of Part 60, as applicable with the exception of
nitrogen oxides which shall be allocated according to the additional requirements of
subsection (c).
(c) Additional requirements regarding NOx allocations:2630
79th Legislature - Regular Session
74th Day
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Texas. Legislature. Senate. Journal of the Senate, Regular Session of the Seventy-Ninth Legislature of the State of Texas, Volume 3, legislative document, 2005; (https://texashistory.unt.edu/ark:/67531/metapth123809/m1/128/: accessed June 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.