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A BILL TO BE ENTITLED
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AN ACT
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relating to monitoring and controlling emissions of air |
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contaminants under the 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 382.0161, 382.0162, 382.042, |
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and 382.043 to read as follows: |
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Sec. 382.0161. MONITORING REQUIREMENTS FOR MAJOR SOURCES. |
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(a) In this section, "major source" has the meaning assigned by |
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Title V of the federal Clean Air Act (42 U.S.C. Section 7661). |
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(b) In addition to other monitoring requirements under this |
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chapter, the commission by rule shall require the owner or operator |
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of a major source to: |
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(1) provide for daily fence-line monitoring of air |
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contaminant emissions from the major source; and |
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(2) make and maintain records on the measurement and |
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monitoring of the emissions. |
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(c) In providing for the daily fence-line monitoring of air |
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contaminant emissions as required by this section, the owner or |
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operator of the major source must: |
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(1) provide for at least two monitors with each of the |
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monitors placed on opposite sides of the source, one of which is |
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located predominantly upwind and the other located predominantly |
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downwind; |
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(2) provide for a sufficient number of monitors so |
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that the maximum distance measured along the fence line between |
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each monitor is one-eighth of a mile; and |
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(3) place the monitors in such a way that the monitors |
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are evenly spaced and are located where air contaminants have the |
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highest concentration levels at the fence line of the emission |
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source. |
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(d) The owner or operator of a major source shall designate |
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an independent consultant approved by the commission to certify to |
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the commission that the major source is in compliance with this |
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section. A member, employee, or agent of the commission may examine |
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during regular business hours the monitoring equipment or any |
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records or memoranda relating to the monitoring equipment required |
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under this section. |
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(e) The commission by rule shall require the owner or |
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operator of a major source to submit for the executive director's |
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approval a list of the air contaminant emissions that the owner or |
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operator will monitor under this section. To be eligible for |
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approval, the list must include: |
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(1) each hazardous air pollutant listed under 42 |
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U.S.C. Section 7412 of the federal Clean Air Act that is applicable |
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to the major source; and |
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(2) any other air contaminant the emission of which |
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the executive director or a local municipal or county air pollution |
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control agency requests that the owner or operator monitor. |
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(f) The commission may adopt rules allowing the owner or |
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operator of a major source to request an exemption from the |
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fence-line monitoring requirements of this section. To be eligible |
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for an exemption, the owner or operator must submit to the executive |
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director for approval an alternative monitoring plan that |
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demonstrates continuous or semi-continuous monitoring of each |
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stack, vent, flare, cooling tower, or other device for which |
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technologically feasible monitoring devices are available. The |
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owner or operator shall review the plan at least once every five |
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years to identify additional monitoring opportunities based on new |
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technology and submit proposed changes to the executive director |
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for approval. |
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Sec. 382.0162. COMMISSION PROGRAMS CONCERNING IMPACT OF AIR |
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CONTAMINANTS ON PUBLIC HEALTH. (a) The commission, in conjunction |
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with the Department of State Health Services, the Mickey Leland |
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National Urban Air Toxics Research Center, universities located in |
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this state, and other leading researchers, shall establish the |
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programs described by this section. The purposes of the programs |
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are to: |
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(1) prevent public health problems in this state; |
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(2) improve understanding of the effects of air |
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contaminant emissions from a variety of sources on public health in |
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this state; and |
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(3) improve the legislature's ability to develop the |
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best public policies for ensuring better public health in this |
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state. |
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(b) The commission shall conduct personal exposure |
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monitoring as part of the Texas air quality field study (TexAQS II) |
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ozone field research program to improve the understanding of the |
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relationship between emissions of ozone-forming air contaminants, |
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particularly highly reactive volatile organic compounds, and |
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public health effects, such as changes in the incidence of asthma. |
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(c) The commission, in conjunction with leading state and |
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national researchers and policymakers, annually shall host a |
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workshop concerning the effects of air contaminant emissions on |
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individuals who experience outdoor or indoor exposure to air |
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contaminants, to advance in this state this critical field of |
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study. |
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(d) The commission shall issue grants for research |
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concerning the effects of air contaminant emissions on public |
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health, including research concerning the deployment or |
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development of low-cost, effective personal exposure monitoring |
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technology. |
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(e) The commission shall conduct an exposure study to map |
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the levels of air contaminants in a community that is located near a |
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concentration of industrial sources of air contaminant emissions. |
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The study must evaluate the effects of air contaminant emissions on |
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public health by monitoring over a one-year period the total |
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outdoor and indoor exposure of individuals who are exposed to air |
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contaminant emissions in those communities. The commission shall |
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integrate data collected during the course of the study with |
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available ambient monitoring data and provide the legislature with |
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a report concerning the integrated data not later than January 1, |
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2009. This subsection expires September 1, 2009. |
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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: |
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(1) be set in a manner that takes into consideration |
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all acute and chronic health effects on a person resulting from |
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exposure to an air contaminant; |
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(2) be based in part on the health effects of: |
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(A) the one-hour, eight-hour, or 24-hour |
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exposure of a person to the highest concentration of the air |
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contaminant from an emission source; and |
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(B) the lifetime exposure of a person to the |
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highest concentration of the air contaminant from an emission |
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source; and |
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(3) be set at a level that does not increase the risk |
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of cancer in a person exposed to the air contaminant by greater than |
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one chance in 100,000 or another level set by the commission to |
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protect human health and welfare and the environment when compared |
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to a person not exposed to 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, epidemiology, medicine, and public health |
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to review the commission's effects screening levels and to |
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recommend standards to the commission that comply with the |
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requirements of Subsection (a). The panel shall consider the |
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effects screening levels, methods, and programs of other states as |
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part of the review. The panel shall provide opportunities for |
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public comment in conducting the review. The panel shall make |
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recommendations to the commission regarding the commission's |
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effects screening levels, methods, and programs not later than July |
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1, 2009. Not later than October 1, 2009, the commission shall adopt |
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effects screening levels as required under Subsection (a) that take |
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into consideration the panel's recommendations. The owner or |
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operator of an emission source shall comply with the effects |
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screening levels set by the commission under this section not later |
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than January 1, 2011. This subsection expires September 1, 2011. |
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(c) Until the commission adopts effects screening levels |
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that comply with the requirements of Subsection (a), the effects |
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screening levels adopted by the commission as of September 1, 2007, |
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are interim standards for purposes of Sections 382.043 and 382.085. |
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This subsection expires November 1, 2009. |
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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 annually shall 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 prove 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)-(e) |
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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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100,000 or another measured level of multiple air contaminants |
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established by the commission to protect human health and welfare |
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and the environment; |
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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; or |
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(4) any other evidence that is of sufficient value and |
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credibility to demonstrate an adverse effect to human health or |
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welfare, animal life, vegetation, or property, or an interference |
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with the normal use and enjoyment of animal life, vegetation, or |
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property. |
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(d) In addition to any other remedy authorized by law, the |
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commission by rule shall establish requirements for assessing a |
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penalty or initiating an action for an injunction against a person |
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who violates this section. |
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(e) 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, through certification by a responsible official |
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designated by the owner or operator, to demonstrate to the |
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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 of any evidence |
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that demonstrates that the facility or source has caused or |
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contributed to a condition of air pollution in violation of this |
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section. |
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SECTION 3. (a) Not later than September 1, 2008, the owner |
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or operator of a major source must provide for the fence-line |
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monitoring of air contaminant emissions as required by Section |
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382.0161, Health and Safety Code, as added by this Act. |
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(b) Not later than January 1, 2008, the Texas Commission on |
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Environmental Quality shall adopt requirements for assessing a |
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penalty or initiating an action for an injunction against a person |
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who violates: |
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(1) Section 382.043, Health and Safety Code, as added |
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by this Act; or |
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(2) Section 382.085, Health and Safety Code, as |
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amended by this Act. |
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(c) Not later than March 1, 2008, the Texas Commission on |
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Environmental Quality shall publish an annual report listing |
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violations of effects screening levels as required by Section |
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382.043, Health and Safety Code, as added by this Act. |
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(d) 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 former law is continued |
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in effect for that purpose. |
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(e) 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 former law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |