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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of an air pollutant watch list and |
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associated reports for the purpose of controlling the emissions of |
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air 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. Section 382.0205, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 382.0205. SPECIAL PROBLEMS RELATED TO AIR CONTAMINANT |
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EMISSIONS. Consistent with applicable federal law, the commission |
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by rule may control air contaminants as necessary to protect |
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against adverse effects related to: |
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(1) acid deposition; |
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(2) stratospheric changes, including depletion of |
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ozone; [and] |
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(3) climatic changes, including global warming; and |
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(4) air pollution. |
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SECTION 2. Subchapter B, Chapter 382, Health and Safety |
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Code, is amended by adding Sections 382.0206 and 382.0207 to read as |
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follows: |
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Sec. 382.0206. AIR POLLUTANT WATCH LIST. (a) The |
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commission shall establish and maintain an air pollutant watch |
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list. The air pollutant watch list must identify: |
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(1) each air contaminant that the commission |
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determines, on the basis of federal or state ambient air quality |
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standards or effects screening levels for the contaminant, should |
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be included on the air pollutant watch list; and |
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(2) each geographic area of the state for which |
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ambient air quality monitoring data indicates that the individual |
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or cumulative emissions of one or more air contaminants identified |
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by the commission under Subdivision (1) may cause short-term or |
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long-term adverse human health effects or odors in that area. |
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(b) The commission shall publish notice of and allow public |
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comment on: |
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(1) an addition of an air contaminant to or removal of |
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an air contaminant from the air pollutant watch list; or |
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(2) an addition of an area to or removal of an area |
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from the air pollutant watch list. |
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(c) Each year, the commission shall hold a public meeting in |
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each area listed on the air pollutant watch list to provide |
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residents of the area with information regarding: |
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(1) the reasons for the area's inclusion on the air |
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pollutant watch list; and |
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(2) commission actions to reduce the emissions of air |
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contaminants contributing to the area's inclusion on the air |
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pollutant watch list. |
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(d) Not later than December 1 of each year, the commission |
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shall prepare an electronic report regarding the air pollutant |
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watch list and provide the report to the governor, the lieutenant |
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governor, and the speaker of the house of representatives. The |
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report must include: |
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(1) the areas and air contaminants currently listed on |
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the air pollutant watch list; |
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(2) the areas and air contaminants added to or removed |
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from the air pollutant watch list during the preceding fiscal year; |
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(3) the actions taken by the commission during the |
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preceding fiscal year to reduce the ambient air concentration |
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levels of air contaminants included on the air pollutant watch |
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list; and |
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(4) any additional monitoring that is needed in a |
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particular area of the state to determine whether the area should be |
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included on the air pollutant watch list. |
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(e) The air pollutant watch list and the addition of or |
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removal of a pollutant or area to or from the list are not matters |
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subject to the procedural requirements of Subchapter B, Chapter |
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2001, Government Code. |
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Sec. 382.0207. PUBLICATION OF AMBIENT AIR QUALITY STANDARDS |
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ON INTERNET WEBSITE. The commission shall promptly publish on its |
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Internet website any ambient air quality data collected by the |
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commission from mobile or stationary ambient air quality monitors. |
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SECTION 3. Not later than December 1, 2008, the Texas |
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Commission on Environmental Quality shall prepare and provide to |
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the governor, the lieutenant governor, and the speaker of the house |
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of representatives the initial report required under Subsection |
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(d), Section 382.0206, Health and Safety Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2007. |
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