By Hochberg H.B. No. 3584
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the monitoring and regulation of air pollution
1-3 emissions upsets or accidents; providing civil and administrative
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 382, Health and Safety Code,
1-7 is amended by adding Section 382.0215 to read as follows:
1-8 Sec. 382.0215. UNAUTHORIZED EMISSIONS RELATED TO ACCIDENTS,
1-9 UPSETS, OR MAINTENANCE. (a) A facility shall report to the
1-10 commission each air pollutant emission caused by a sudden,
1-11 unavoidable event that results from an accident, upset, or
1-12 maintenance, including a cause beyond the control of the operator
1-13 of the facility. A report under this subsection must be
1-14 accompanied by:
1-15 (1) a fee in an amount determined by the commission to
1-16 be adequate to pay the costs of maintaining records related to the
1-17 reports submitted under this subsection, investigations, and any
1-18 upset monitoring program to detect upset and accident events that
1-19 result from those reports, including the pilot project set forth in
1-20 Section 382.0216(a) of this section, and
1-21 (2) a technical analysis of the emissions event, if
1-22 required by Subsection (c) to be performed.
1-23 (b) A permitted facility shall install and operate a
2-1 continuous measurement and monitoring system to detect and document
2-2 the occurrence of each emissions event described by Subsection (a).
2-3 The device must be able to establish the amount of each pollutant
2-4 released.
2-5 (c) A facility shall perform a technical analysis of each
2-6 emissions event described by Subsection (a) that exceeds a
2-7 threshold established by commission rule. The analysis must
2-8 identify the probable cause of the emissions event, preventive
2-9 measures that can prevent the recurrence of such an event, and an
2-10 evaluation of the technical feasibility and cost-effectiveness of
2-11 control devices necessary to mitigate the effects of such an event.
2-12 The facility shall include in the analysis an action plan to
2-13 minimize future unauthorized emissions events. The action plan
2-14 must conform to demonstrated, source-specific, industrial best
2-15 practices.
2-16 (d) A facility required to provide an action plan under
2-17 Subsection (c) shall implement the plan if the plan is approved by
2-18 the commission.
2-19 (e) The commission by rule may require a permitted facility
2-20 to acquire emissions credits to offset emissions events described
2-21 by Subsection (a) providing that the acquisition is consistent with
2-22 the state implementation program.
2-23 (f) The commission shall establish by rule and shall include
2-24 in permit conditions:
2-25 (1) the maximum number of emissions events described
2-26 by Subsection (a) that may occur in a year before the commission
3-1 may take action to revoke the facility's permit or another
3-2 enforcement action; and
3-3 (2) the maximum volume of emissions events described
3-4 by Subsection (a), expressed in terms of a percentage of permitted
3-5 emissions, that may occur in a year before the commission may take
3-6 action to revoke the facility's permit or another enforcement
3-7 action.
3-8 (g) The commission shall enforce rules concerning emissions
3-9 events described by Subsection (a) by means of civil or
3-10 administrative penalties or by injunctive relief as provided by
3-11 Chapter 7, Water Code. The commission may not exempt excess
3-12 emission described by Subsection (a) from penalties or injunctive
3-13 relief. The commission may exercise enforcement discretion in
3-14 consideration of the unavoidable nature of any excess emissions
3-15 described by Subsection (a).
3-16 (h) The commission shall develop and implement policies to
3-17 limit the cumulative effects of emissions from maintenance,
3-18 startups, and shutdowns of facilities.
3-19 SECTION 2. Subchapter B, Chapter 382, Health and Safety Code,
3-20 is amended by adding Section 382.0216 to read as follows:
3-21 (a) The commission shall conduct a pilot project, designed
3-22 by the commission, using aircraft-borne monitoring devices to
3-23 detect unauthorized air pollutant emissions events from permitted
3-24 facilities. The commission shall report to the 79th Legislature on
3-25 the results of the pilot project and include with the report
3-26 recommendations regarding the use of aircraft-borne monitoring
4-1 devices as a component of an air pollutant emissions enforcement
4-2 strategy. The pilot project is funded by a fee of $200 imposed by
4-3 the commission on each reportable upset as defined by 30 T.A.C.
4-4 Section 101.1 (82).
4-5 (b) This section expires September 1, 2005.
4-6 SECTION 3. This Act takes effect September 1, 2001.