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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements related to excessive emissions events by |
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certain regulated entities under the Clean Air Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.0215(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The commission shall require the owner or operator of a |
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regulated entity that experiences emissions events: |
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(1) to maintain a record of all emissions events at the |
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regulated entity in the manner and for the periods prescribed by |
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commission rule; |
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(2) to notify the commission in a single report for |
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each emissions event, as soon as practicable but not later than one |
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hour [24 hours] after discovery of the emissions event, of an |
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emissions event resulting in the emission of a reportable quantity |
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of air contaminants as determined by commission rule; and |
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(3) to report to the commission in a single report for |
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each emissions event, not later than two weeks after the occurrence |
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of an emissions event that results in the emission of a reportable |
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quantity of air contaminants as determined by commission rule, all |
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information necessary to evaluate the emissions event, including: |
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(A) the name of the owner or operator of the |
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reporting regulated entity; |
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(B) the location of the reporting regulated |
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entity; |
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(C) the date and time the emissions began; |
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(D) the duration of the emissions; |
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(E) the nature and measured or estimated quantity |
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of air contaminants emitted, including the method of calculation |
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of, or other basis for determining, the quantity of air |
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contaminants emitted; |
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(F) the processes and equipment involved in the |
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emissions event; |
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(G) the cause of the emissions; and |
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(H) any additional information necessary to |
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evaluate the emissions event. |
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SECTION 2. Subchapter B, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.0217 to read as follows: |
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Sec. 382.0217. EXCESSIVE EMISSIONS EVENTS FEE. (a) In this |
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section, "emissions events" and "regulated entity" have the |
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meanings assigned by Section 382.0215. |
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(b) An owner or operator of a regulated entity in a |
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nonattainment area whose emissions events result in the emission of |
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more than 10,000 pounds of air contaminants in a year shall pay to |
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the commission a fee in an amount equal to $1 for each pound of air |
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contaminants that the entity emitted during those emissions events |
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in excess of 10,000 pounds. Air contaminants emitted in an |
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emissions event for which an affirmative defense is available under |
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Section 382.0216(f) are not exempt from inclusion in the |
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computation of a fee under this subsection. |
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(c) Fees collected under Subsection (b) shall be deposited |
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to the credit of the school air monitoring account. The school air |
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monitoring account is an account in the general revenue fund that |
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may be appropriated only to the commission. The commission may use |
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money in the account only to implement a plan adopted by rule to |
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ensure that the air quality of a school located not more than two |
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miles from a federal source does not threaten the health of the |
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children at the school at any time, including during an emissions |
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event. The plan must require the installation of air quality |
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monitors either at the school or at the federal source. |
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(d) In developing a plan under Subsection (c), the |
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commission shall: |
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(1) consider the effects in the area of each school of: |
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(A) criteria pollutants; |
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(B) ozone; |
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(C) air toxics; |
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(D) respirable particulate matter with a |
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diameter of less than 2.5 microns; and |
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(E) cumulative toxic impacts; |
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(2) prioritize schools needing monitoring by |
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considering: |
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(A) each school's proximity to the federal |
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source; |
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(B) the likely movement of air contaminants due |
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to prevailing wind direction; and |
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(C) the ages of the children at the school; and |
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(3) conduct at least five public hearings in areas |
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with a high occurrence of emissions events. |
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(e) The commission shall include in its biennial reports |
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under Section 5.178, Water Code, an assessment of its progress in |
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developing and implementing the plan under this section. |
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SECTION 3. (a) This Act applies only to an emissions event |
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that occurs on or after September 1, 2007. An emissions event that |
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occurs before that date is governed by the law in effect on the date |
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the emissions event occurred, and the former law is continued in |
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effect for that purpose. |
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(b) The Texas Commission on Environmental Quality shall |
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implement the plan required by Section 382.0217, Health and Safety |
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Code, as added by this Act, not later than June 1, 2008. |
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SECTION 4. This Act takes effect September 1, 2007. |