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A BILL TO BE ENTITLED
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AN ACT
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relating to incentives for and the use of alternative leak |
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detection technologies for air contaminants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 382, Health and Safety Code, is amended |
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by adding Subchapter I to read as follows: |
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SUBCHAPTER I. PROGRAMS TO ENCOURAGE THE USE OF |
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INNOVATIVE TECHNOLOGIES |
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Sec. 382.401. ALTERNATIVE LEAK DETECTION TECHNOLOGY. (a) |
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In this section, "alternative leak detection technology" means |
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technology, including optical gas imaging technology, designed to |
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detect leaks and emissions of air contaminants. |
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(b) The commission by rule shall establish a program that |
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allows the owner or operator of a facility regulated under this |
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chapter to use voluntarily as an alternative detection method any |
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alternative leak detection technology that has been incorporated |
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and adopted by the United States Environmental Protection Agency |
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into a program for detecting leaks or emissions of air |
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contaminants. The program must provide regulatory incentives to |
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encourage voluntary use of alternative leak detection technology at |
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a regulated facility that is capable of detecting leaks or |
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emissions that may not be detected by methods or technology |
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approvable under the commission's regulatory program for leak |
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detection and repair in effect on the date the commission adopts the |
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program. The incentives may include: |
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(1) on-site technical assistance; and |
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(2) to the extent consistent with federal |
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requirements: |
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(A) inclusion of the facility's use of |
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alternative leak detection technology in the owner or operator's |
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compliance history and compliance summaries; |
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(B) consideration of the implementation of |
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alternative leak detection technology in scheduling and conducting |
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compliance inspections; and |
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(C) credits or offsets to the facility's |
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emissions reduction requirements based on the emissions reductions |
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achieved by voluntary use of alternative leak detection technology. |
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(c) The owner or operator of a facility using an alternative |
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leak detection technology shall repair and record an emission or |
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leak of an air contaminant from a component subject to the |
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commission's regulatory program for leak detection and repair that |
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is detected by the alternative technology as provided by the |
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commission's leak detection and repair rules in effect at the time |
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of the detection. A repair to correct an emission or leak detected |
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by the use of alternative leak detection technology may be |
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confirmed using the same technology. |
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(d) As part of the program of incentives adopted under |
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Subsection (b), the commission shall: |
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(1) ensure that the owner or operator of a facility |
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records and repairs, if possible and within a reasonable period, |
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any leak or emission of an air contaminant at the facility that is |
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detected by the voluntary use of alternative leak detection |
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technology from a component not subject to commission rules for |
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leak detection and repair in effect on the date of detection; |
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(2) establish the reasonable period allowed for the |
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repair of a component causing a leak or emission in a way that |
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includes consideration of the size and complexity of the repair |
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required; |
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(3) subject to commission reporting requirements only |
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those components that are not repairable within the reasonable |
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timeframe established by the commission; and |
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(4) exempt from commission enforcement a leak or |
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emission that is repaired within the reasonable period established |
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by the commission. |
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(e) The commission may not take an enforcement action |
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against an owner or operator of a facility participating in the |
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program established under this section for a leak or an emission of |
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an air contaminant that would otherwise be punishable as a |
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violation of the law or of the terms of the permit under which the |
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facility operates if the leak or emission was detected by using |
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alternative technology and it would not have been detected under |
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the commission's regulatory program for leak detection and repair |
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in effect on the date of the detection. |
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SECTION 2. Section 5.752(2), Water Code, is amended to read |
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as follows: |
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(2) "Innovative program" means: |
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(A) a program developed by the commission under |
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this subchapter, Chapter 26 or 27 of this code, or Chapter 361, 382, |
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or 401, Health and Safety Code, that provides incentives to a person |
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in return for benefits to the environment that exceed benefits that |
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would result from compliance with applicable legal requirements |
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under the commission's jurisdiction; |
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(B) the flexible permit program administered by |
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the commission under Chapter 382, Health and Safety Code; [or] |
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(C) the regulatory flexibility program |
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administered by the commission under Section 5.758; or |
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(D) a program established under Section 382.401, |
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Health and Safety Code, to encourage the use of alternative |
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technology for detecting leaks or emissions of air contaminants. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |