Floor Packet Page No. 66 Amend CSHB 2912 beginning on page 63, line 7, and ending on page 66, line 3, by striking SECTION 4.06 and substituting the following new SECTION 4.06: SECTION 4.06. (a) Subchapter B, Chapter 382, Health and Safety Code, is amended by adding Sections 382.0215 and 382.0216 to read as follows: Sec. 382.0215. ASSESSMENT OF EMISSIONS DUE TO EMISSIONS EVENTS. (a) In this section, "emissions event" includes an upset, maintenance, startup, or shutdown activity that results in the unauthorized emissions of air contaminants. (b) The commission shall require the owner or operator of a facility that experiences emissions events: (1) to maintain a record of all emissions events at the facility in the manner and for the periods prescribed by commission rule; (2) to notify the commission, as soon as practicable but not later than 24 hours after discovery of the emissions event, of an emissions event resulting in the emission of a reportable quantity of air contaminants as determined by commission rule; and (3) to report to the commission, not later than two weeks after the occurrence of an emissions event that results in the emission of a reportable quantity of air contaminants as determined by commission rule, all information necessary to evaluate the emissions event, including: (A) the name of the owner or operator of the reporting facility: (B) the location of the reporting facility; (C) the date and time the emissions began; (D) the duration of the emissions; (E) the nature and quantity of air contaminants emitted, including the method of calculation of, or other basis for determining, the quantity of air contaminants emitted; (F) the processes and equipment involved in the emissions event; (G) the cause of the emissions; and (H) any additional information necessary to evaluate the emissions event. (c) The owner or operator of a facility required by Section 382.014 to submit an annual emissions inventory report must include as part of the inventory: (1) an itemized list of each emissions event at the facility, including the quantity of air contaminants emitted; or (2) if no emissions event occurred at the facility, a statement to that effect. (d) The commission shall centrally track emissions events and collect information relating to: (1) inspections or enforcement actions taken by the commission in response to emission events; and (2) the number of emissions events occurring in each commission region and the quantity of emissions from each emissions event. (e) The commission shall develop the capacity for electronic reporting and shall incorporate reportable emissions events into a permanent centralized database for emissions events. The database shall be accessible to the public. (f) The commission annually shall assess the information received under this section, including actions taken by the commission in response to the report required by Section 5.123, Water Code, as added by Chapters 304 and 1082, Acts of the 75th Legislature, Regular Session, 1997. Sec. 382.0216. REGULATION OF EMISSIONS EVENTS. (a) The commission shall require the owner or operator of a facility to take action to reduce emissions. The commission shall require an owner or operator of a facility required to take action under this subsection to file with the commission a corrective action plan to reduce emissions from emissions events. If in a particular case a corrective action plan is impracticable, the commission shall require the owner or operator of the facility to apply for a permit or permit modification. (b) A corrective action plan filed under Subsection (a) must identify the cause or causes of each emissions event, specify the control devices or other measures that will prevent or minimize similar emissions events in the future, and specify a time within which implementation of the corrective action plan will be completed. A corrective action plan must be approved by the commission. An approved corrective action plan shall be made available to the public. The commission shall establish reasonable schedules for the implementation of corrective action plans and procedures for revision of a corrective action plan if the commission finds the plan, after implementation begins, to be inadequate to meet the goal of preventing or minimizing emissions and emissions events. (c) The commission by rule may establish an affirmative defense to a commission enforcement action if the emissions event meets criteria defined by commission rule. In establishing rules under this subsection, the commission at a minimum must require consideration of the frequency and duration of the emissions event, the cause of the emissions event, the quantity and toxicity of the emissions resulting from the emissions event, and the impact of the emissions event on the local area's air quality. The rules must specifically provide that: (1) an affirmative defense does not apply to emissions that result from normal startup and shutdown, normal maintenance procedures, the lack of preventive maintenance, or operator error; and (2) a person may not raise an affirmative defense for an emissions event that is part of a recurring pattern indicative of inadequate design, operation, or maintenance. (d) The burden of proof in any claim of a defense to commission enforcement action under this section is on the person claiming the defense. This section does not limit the commission's authority to take enforcement action or the authority or right of any person to seek injunctive relief in relation to any emissions event. (e) A person may not claim a defense to a commission enforcement action under Subsection (c) if the person failed to take corrective action under a corrective action plan approved by the commission within the time prescribed by the commission and an emissions event recurs. (b) The Texas Natural Resource Conservation Commission shall implement all technical and equipment changes necessary for compliance with Sections 382.0215(d) and (e), Health and Safety Code, as added by this Act, not later than January 1, 2003. After implementation of the necessary technical and equipment changes, the Texas Natural Resource Conservation Commission by rule shall require electronic reporting of reportable emissions events to the centralized database.