|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the use of effects screening levels in controlling |
|
emissions of air contaminants under the Texas Clean Air Act. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter B, Chapter 382, Health and Safety |
|
Code, is amended by adding Section 382.042 to read as follows: |
|
Sec. 382.042. EFFECTS SCREENING LEVELS. (a) The |
|
commission by rule shall adopt effects screening levels for air |
|
contaminants that evaluate the potential for adverse health effects |
|
to occur as a result of exposure to concentrations of the air |
|
contaminants. In establishing the effects screening levels, the |
|
commission must consider all acute and chronic health effects on a |
|
person resulting from exposure to the air contaminants under |
|
consideration. The effects screening levels: |
|
(1) must be based in part on the health effects of: |
|
(A) the 1-hour, 8-hour, or 24-hour exposure of a |
|
person to each air contaminant at the fence line of an emission |
|
source; and |
|
(B) the lifetime exposure of a person to each air |
|
contaminant at the fence line of an emission source; |
|
(2) must be set at a level that does not increase the |
|
risk of cancer in a person exposed to each air contaminant by more |
|
than one chance in one million when compared to a person not exposed |
|
to the contaminant; and |
|
(3) may not be based on standards established under |
|
the federal Occupational Safety and Health Act of 1970 (29 U.S.C. |
|
Section 651 et seq.) or any aspect of an employer-employee |
|
relationship as to health and safety hazards. |
|
(b) The commission shall establish an open, scientifically |
|
valid, peer-reviewed process for adopting effects screening |
|
levels. The process established by the commission must provide |
|
opportunities for public comment. |
|
(c) The commission shall document in an electronic database |
|
the process by which effects screening levels are adopted under |
|
this section and make the documentation available to the public in |
|
an electronic format. The documentation must: |
|
(1) include the name and credentials of the primary |
|
toxicologist supervising the research and other work associated |
|
with deriving the effects screening levels; |
|
(2) include the sources of relevant data used in |
|
deriving each effects screening level, including a list of the |
|
relevant parameters used in the toxicological studies; |
|
(3) identify the derivation method used in adopting |
|
the effects screening levels; |
|
(4) describe details of the derivation method, |
|
including the initial value relied on in adopting the effects |
|
screening levels, such as the threshold limit value (TLV) or no |
|
observed adverse effects level (NOAEL), and specify the adjustment |
|
factors used in both size and focus; |
|
(5) identify the protective basis used, such as an |
|
odor basis or health basis, in deriving each effects screening |
|
level; |
|
(6) identify the toxicological focus of each effects |
|
screening level, such as carcinogenic, mutagenic, tertogenic, or |
|
chronic or acute focus; |
|
(7) include the names and relevant actions of the |
|
individuals who performed internal review related to the adoption |
|
of the effects screening levels; |
|
(8) include the record of any change, the date of |
|
change, and the reason for a change in an effects screening level |
|
value; |
|
(9) include an explanation of the relevant details and |
|
results in the validation process in adopting the effects screening |
|
levels; and |
|
(10) include any other information the commission |
|
considers necessary. |
|
(d) The commission shall update the effects screening |
|
levels as new scientific evidence becomes available. |
|
(e) Not later than January 1, 2009, the commission shall |
|
adopt effects screening levels as required under this section. The |
|
owner or operator of an emission source shall comply with the |
|
effects screening levels set by the commission under this section |
|
not later than January 1, 2011. This subsection expires September |
|
1, 2011. |
|
(f) Until the commission adopts effects screening levels |
|
that comply with the requirements of this section, the effects |
|
screening levels adopted by the commission as of September 1, 2007, |
|
are interim standards for purposes of Section 382.085. This |
|
subsection expires on the date the executive director certifies |
|
that the effects screening levels adopted by the commission comply |
|
with the requirements of this section. |
|
SECTION 2. Section 382.085, Health and Safety Code, is |
|
amended by amending Subsection (a) and adding Subsections (c), (d), |
|
(e), and (f) to read as follows: |
|
(a) A [Except as authorized by a commission rule or order,
|
|
a] person may not cause, suffer, allow, or permit the emission of |
|
any air contaminant or the performance of any activity that causes |
|
or contributes to, or that will cause or contribute to, a measured |
|
level of an air contaminant in excess of an effects screening level |
|
for the air contaminant for a relevant period as provided by |
|
commission rule [air pollution]. |
|
(c) The commission by rule shall establish requirements for |
|
assessing a penalty against a person who violates this section. A |
|
penalty collected by the commission under this section may be |
|
appropriated only to the commission for use in performing the |
|
powers and duties of the commission. Penalties the commission |
|
collects under this section are exempt from the application of |
|
Section 403.095, Government Code. |
|
(d) If the commission brings an action for a violation of |
|
this section, the owner or operator of the facility or source shall |
|
provide the commission with immediate access to the facility or |
|
source and shall allow the commission to conduct on-site |
|
monitoring. The commission may conduct on-site monitoring at any |
|
facility at any time. |
|
(e) The commission annually shall publish a report that |
|
lists each violation under Subsection (a). The report must include |
|
any instance in which the commission suspected a violation but |
|
later determined that evidence was not sufficient or credible |
|
enough to prove a violation of Subsection (a). |
|
(f) The commission shall adopt rules necessary to |
|
administer this section. |
|
SECTION 3. (a) Section 382.085, Health and Safety Code, as |
|
amended by this Act, applies only to a violation of Section 382.085, |
|
Health and Safety Code, that occurs on or after the effective date |
|
of this Act. A violation of that section that occurs before the |
|
effective date of this Act is governed by the law in effect when the |
|
violation occurred, and the former law is continued in effect for |
|
that purpose. |
|
(b) Not later than July 1, 2009, the Texas Commission on |
|
Environmental Quality shall publish the first annual report listing |
|
violations of effects screening levels as required by Section |
|
382.085(e), Health and Safety Code, as added by this Act. |
|
SECTION 4. This Act takes effect September 1, 2007. |