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A BILL TO BE ENTITLED
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AN ACT
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relating to fence-line monitoring programs for the emissions of air |
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contaminants under the Texas Clean Air Act. |
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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 Section 382.0161 to read as follows: |
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Sec. 382.0161. FENCE-LINE MONITORING PROGRAM. (a) The |
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commission by rule shall establish a program under which the owner |
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or operator of a facility with a fence-line monitoring system is |
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entitled to the benefits listed under Subsection (c) for that |
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facility. |
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(b) For the owner or operator of a facility to be eligible to |
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participate in the program: |
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(1) the height from which air contaminants are emitted |
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from facility stacks may not exceed 30 feet, as determined by the |
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commission; |
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(2) the owner or operator of the facility must adopt a |
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quality assurance project plan; |
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(3) the commission must approve the plan adopted under |
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Subdivision (2); |
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(4) the conditions of the facility's operating permit |
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must require certain operational constraints when the |
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concentration of air contaminant emissions from the facility is |
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above a threshold specified by the commission; |
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(5) the facility's monitoring system must be approved |
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by the commission as meeting the commission's prescribed standards, |
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including standards relating to the monitoring system equipment; |
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(6) a third party that is not otherwise affiliated |
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with the facility must: |
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(A) operate the monitoring system; or |
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(B) conduct audits of the monitoring system; and |
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(7) the owner or operator of the facility must ensure |
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that monitoring data is available to the commission in a near |
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real-time manner. |
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(c) Subject to federal law, the owner or operator of a |
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facility who is eligible to participate in the program is entitled |
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to the following benefits concerning that facility: |
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(1) a single point of contact at the commission |
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concerning any monitoring or compliance issues; |
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(2) positive consideration from the commission |
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regarding the facility's compliance history; |
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(3) a prioritization of the review of any permit |
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application submitted by the owner or operator of the facility; |
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(4) an exemption from modeling requirements otherwise |
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required by the commission; |
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(5) if the facility's monitoring system includes a |
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supplementary infrared camera system for detecting leaks of |
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volatile organic compounds, an exemption from the conventional leak |
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detection and repair program administered by the commission to the |
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extent the system satisfies federal leak detection requirements; |
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(6) a reduction in the number of scheduled |
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investigations by the commission and an entitlement to additional |
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notice of scheduled investigations from the commission for a site |
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with an above-average history of compliance; and |
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(7) other benefits as determined by the commission, to |
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the extent that such benefits do not contravene the intent of this |
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chapter or violate other law. |
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(d) The commission shall determine whether the owner or |
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operator of a facility is entitled to participate in the program in |
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accordance with this section. The commission may revoke the |
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entitlement of the owner or operator of a facility to participate in |
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the program at any time for good cause. |
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SECTION 2. This Act takes effect September 1, 2007. |