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A BILL TO BE ENTITLED
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AN ACT
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relating to controlling emissions of air contaminants under the |
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Texas Clean Air Act; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 382, Health and Safety |
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Code, is amended by adding Sections 382.042 and 382.043 to read as |
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follows: |
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Sec. 382.042. EFFECTS SCREENING LEVELS. (a) The |
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commission by rule shall adopt effects screening levels for air |
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contaminants. Each effects screening level must be: |
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(1) set in a manner that takes into consideration all |
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acute and chronic health effects on a person resulting from |
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exposure to an air contaminant; |
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(2) based in part on the health effects of: |
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(A) the 1-hour, 8-hour, or 24-hour exposure of a |
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person to the air contaminant at the fence-line of an emission |
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source; and |
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(B) the lifetime exposure of a person to the air |
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contaminant at the fence-line of an emission source; and |
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(3) set at a level that does not increase the risk of |
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cancer in a person exposed to the air contaminant by greater than |
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one chance in one million when compared to a person not exposed to |
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the contaminant. |
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(b) Not later than January 1, 2008, the commission shall |
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assemble a panel of independent, nationally recognized experts in |
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the fields of toxicology and epidemiology to review the |
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commission's effects screening levels and to recommend standards to |
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the commission that comply with the requirements of Subsection (a). |
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The panel shall consider the effects screening levels, methods, and |
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programs of other states as part of the review. The panel sh |
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all |
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provide opportunities for public comment in conducting the review. |
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The panel shall make recommendations to the commission regarding |
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the commission's effects screening levels, methods, and programs |
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not later than July 1, 2009. Not later than October 1, 2009, the |
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commission shall adopt effects screening levels as required under |
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Subsection (a) that take into consideration the panel's |
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recommendations. The owner or operator of an emission source shall |
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comply with the effects screening levels set by the commission |
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under this section not later than January 1, 2011. This subsection |
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expires September 1, 2011. |
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Sec. 382.043. SANCTIONS; REPORT. (a) A person may not |
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cause, suffer, allow, or permit the emission of any air contaminant |
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or the performance of any activity that causes an effects screening |
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level set by the commission to be exceeded. The commission by rule |
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shall establish requirements for assessing a penalty or initiating |
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an action for an injunction against a person who violates this |
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section. |
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(b) The commission shall annually publish a report that |
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lists each violation of this section. The report must include any |
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instance in which the commission suspected a violation but later |
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determined that the evidence was not sufficient or credible enough |
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to amount to a violation of this section. |
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SECTION 2. Section 382.085, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (c) and |
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(d) to read as follows: |
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(a) A [Except as authorized by a commission rule or order,
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a] person may not cause, suffer, allow, or permit the emission of |
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any air contaminant or the performance of any activity that causes |
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or contributes to, or that will cause or contribute to, either in |
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isolation or in conjunction with air contaminants from other |
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sources, a condition of air pollution. |
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(c) For purposes of this section, a condition of air |
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pollution is considered to exist if sufficient and credible |
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evidence demonstrates an unacceptable risk of health effects due to |
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air pollution as determined by: |
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(1) a measured level of an air contaminant in excess of |
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an effects screening level for the air contaminant for a relevant |
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period as provided by commission rule; |
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(2) a measured level of multiple air contaminants that |
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in conjunction with one another increase the risk of cancer in a |
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person exposed to the air contaminants by greater than one chance in |
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one million when compared to a person not exposed to the |
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contaminants; or |
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(3) a measured level of multiple air contaminants that |
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are associated with the same chronic health condition and that in |
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conjunction with one another are likely to result in a greater risk |
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to an exposed person's health than would one of the contaminants in |
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isolation if measured at the relevant effects screening level for |
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the contaminant. |
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(d) If the commission brings an action for a violation of |
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this section, the burden is on the owner or operator of the facility |
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or source to demonstrate to the commission that: |
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(1) the facility or source is in compliance with all |
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technological requirements applicable to the facility or source; |
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(2) the facility or source is in compliance with all |
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monitoring requirements applicable to the facility or source; and |
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(3) the owner or operator is not aware that the |
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facility or source has caused or contributed to a condition of air |
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pollution in violation of this section. |
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SECTION 3. (a) Not later than March 1, 2009, the Texas |
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Commission on Environmental Quality shall publish the first annual |
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report listing violations of effects screening levels as required |
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by Section 382.043, Health and Safety Code, as added by this Act. |
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(b) Section 382.043, Health and Safety Code, as added by |
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this Act, applies to any violation of an effects screening level set |
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by the commission that occurs on or after the effective date of this |
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Act. A violation of an effects screening level that occurs before |
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the effective date of this Act is governed by the law in effect when |
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the violation occurs, and the current law is continued in effect for |
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that purpose. |
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(c) Section 382.085, Health and Safety Code, as amended by |
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this Act, applies only to a violation of Section 382.085, Health and |
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Safety Code, that occurs on or after the effective date of this Act. |
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A violation of Section 382.085, Health and Safety Code, that occurs |
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before the effective date of this Act is governed by the law in |
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effect when the violation occurred, and the current law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |