TCEQ must weigh emissions within three miles

The text as introduced · 331 words

89R421 JRR-D

By: Miles
S.B. No. 273

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:

SECTION 1. Section 382.0518, Health and Safety Code, is

amended by adding Subsection (b-1) to read as follows:

(b-1) In 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.

SECTION 2. Section 382.055(d), Health and Safety Code, is

amended to read as follows:

(d) In determining whether and under which conditions a

preconstruction permit should be renewed, the commission shall

consider, at a minimum:

(1) the 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) the condition and effectiveness of existing

emission control equipment and practices ; and

(3) the cumulative effects on the public's health and

physical property of expected air contaminant emissions from the

facility and from other facilities located less than three miles

from the facility .

SECTION 3. The 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.

SECTION 4. This Act takes effect September 1, 2025.