(a) The commission may not grant a construction permit for a lead smelting plant at a site:
(1) located within 3,000 feet of an individual’s residence; and
(2) at which lead smelting operations have not been conducted before August 31, 1987.
(b) This section does not apply to:
(1) a modification of a lead smelting plant in operation on August 31, 1987;
(2) a lead smelting plant or modification of a plant with the capacity to produce not more than 200 pounds of lead each hour; or
(3) a lead smelting plant that, when the plant began operation, was located more than 3,000 feet from the nearest residence.

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