For expiration of this section, see Subsection (d).
Sec. 382.0175.  AMOUNT OF FOREIGN EMISSIONS IN NONATTAINMENT AREAS; REVISION OF STATE IMPLEMENTATION PLAN.  (a)  In this section:
(1)  "Foreign emissions" means emissions of air contaminants emanating from outside the United States.
(2)  "Federal air quality monitor" means a monitor that is used to report data to the United States Environmental Protection Agency to demonstrate compliance with the national ambient air quality standards.
(b)  The commission shall estimate the contribution of foreign emissions at each federal air quality monitor located in each nonattainment area in this state with respect to each air contaminant for which the area is designated as being in nonattainment for any national ambient air quality standards for ozone or particulate matter.  The commission may contract with a third party to conduct the estimate required by this subsection.
(c)  Not later than September 1, 2027, the executive director shall, using the estimate conducted under Subsection (b), report to the commission a recommendation on whether to revise the state implementation plan to account for the contribution of foreign emissions in each nonattainment area in this state in any manner permissible under federal law.  In preparing the report to the commission, the executive director shall consider any areas in this state designated as nonattainment for ozone or particulate matter as of September 1, 2026.
(d)  This section expires September 1, 2029.
Added by Acts 2023, 88th Leg., R.S., Ch. 634 (H.B. 4932), Sec. 1, eff. June 11, 2023.