80R4910 JTS-F

By: Turner H.B. No. 1745

A BILL TO BE ENTITLED

AN ACT

relating to requirements related to excessive emissions events by certain regulated entities under the Clean Air Act.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 382.0215(b), Health and Safety Code, is amended to read as follows:

(b) The commission shall require the owner or operator of a regulated entity that experiences emissions events:

(1) to maintain a record of all emissions events at the regulated entity in the manner and for the periods prescribed by commission rule;

(2) to notify the commission in a single report for each emissions event, as soon as practicable but not later than one hour [24 hours] after discovery of the emissions event, of an emissions event resulting in the emission of a reportable quantity of air contaminants as determined by commission rule; and

(3) to report to the commission in a single report for each emissions event, not later than two weeks after the occurrence of an emissions event that results in the emission of a reportable quantity of air contaminants as determined by commission rule, all information necessary to evaluate the emissions event, including:

(A) the name of the owner or operator of the reporting regulated entity;

(B) the location of the reporting regulated entity;

(C) the date and time the emissions began;

(D) the duration of the emissions;

(E) the nature and measured or estimated quantity of air contaminants emitted, including the method of calculation of, or other basis for determining, the quantity of air contaminants emitted;

(F) the processes and equipment involved in the emissions event;

(G) the cause of the emissions; and

(H) any additional information necessary to evaluate the emissions event.

SECTION 2. Subchapter B, Chapter 382, Health and Safety Code, is amended by adding Section 382.0217 to read as follows:

Sec. 382.0217. EXCESSIVE EMISSIONS EVENTS FEE. (a) In this section, "emissions events" and "regulated entity" have the meanings assigned by Section 382.0215.

(b) An owner or operator of a regulated entity in a nonattainment area whose emissions events result in the emission of more than 10,000 pounds of air contaminants in a year shall pay to the commission a fee in an amount equal to $1 for each pound of air contaminants that the entity emitted during those emissions events in excess of 10,000 pounds. Air contaminants emitted in an emissions event for which an affirmative defense is available under Section 382.0216(f) are not exempt from inclusion in the computation of a fee under this subsection.

(c) Fees collected under Subsection (b) shall be deposited to the credit of the school air monitoring account. The school air monitoring account is an account in the general revenue fund that may be appropriated only to the commission. The commission may use money in the account only to implement a plan adopted by rule to ensure that the air quality of a school located not more than two miles from a federal source does not threaten the health of the children at the school at any time, including during an emissions event. The plan must require the installation of air quality monitors either at the school or at the federal source.

(d) In developing a plan under Subsection (c), the commission shall:

(1) consider the effects in the area of each school of:

(A) criteria pollutants;

(B) ozone;

(C) air toxics;

(D) respirable particulate matter with a diameter of less than 2.5 microns; and

(E) cumulative toxic impacts;

(2) prioritize schools needing monitoring by considering:

(A) each school's proximity to the federal source;

(B) the likely movement of air contaminants due to prevailing wind direction; and

(C) the ages of the children at the school; and

(3) conduct at least five public hearings in areas with a high occurrence of emissions events.

(e) The commission shall include in its biennial reports under Section 5.178, Water Code, an assessment of its progress in developing and implementing the plan under this section.

SECTION 3. (a) This Act applies only to an emissions event that occurs on or after September 1, 2007. An emissions event that occurs before that date is governed by the law in effect on the date the emissions event occurred, and the former law is continued in effect for that purpose.

(b) The Texas Commission on Environmental Quality shall implement the plan required by Section 382.0217, Health and Safety Code, as added by this Act, not later than June 1, 2008.

SECTION 4. This Act takes effect September 1, 2007.