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A BILL TO BE ENTITLED
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AN ACT
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relating to monitoring, permitting, and reducing emissions of |
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certain air contaminants and pollutants. |
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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 382.0165 to read as follows: |
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Sec. 382.0165. 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) The commission shall hold a public meeting in each area |
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listed on the air pollutant watch list to provide residents of the |
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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) The air pollutant watch list and the addition or removal |
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of a pollutant or area to or from the list are not matters subject to |
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the procedural requirements of Subchapter B, Chapter 2001, |
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Government Code. |
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SECTION 2. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.0525 to read as follows: |
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Sec. 382.0525. MONITORING OF AND LIMITATIONS ON EMISSIONS |
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NEAR SCHOOL, HOSPITAL, OR RESIDENTIAL CARE FACILITY FOR ELDERLY. |
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(a) The commission may not issue a permit or permit amendment under |
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this chapter for a facility or proposed facility that, at the time |
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the application for the permit or amendment is filed with the |
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commission, is located or proposed to be located less than five |
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miles from a school, hospital, or residential care facility for |
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elderly persons if the facility or proposed facility would emit any |
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of the following contaminants or pollutants at a level of emissions |
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that may cause a person located less than five miles from the |
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emission source an illness, an irritation, or a medical complaint |
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or condition: |
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(1) an air contaminant identified on the air pollutant |
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watch list under Section 382.0165(a)(1); or |
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(2) a hazardous air pollutant listed under Section 112 |
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of the federal Clean Air Act (42 U.S.C. Section 7412). |
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(b) The commission shall require a facility that, under a |
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permit issued under this chapter, may emit an air contaminant or |
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pollutant of a type and at a level of emissions described by |
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Subsection (a) and that is located less than five miles from a |
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school, hospital, or residential care facility for elderly persons |
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to reduce the emissions of those contaminants or pollutants by not |
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less than 10 percent each calendar year until the facility's level |
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of emissions of each of those contaminants or pollutants is reduced |
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to a level that will not cause a person located less than five miles |
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from the emission source an illness, an irritation, or a medical |
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complaint or condition. |
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(c) Not later than the 30th day after the date the |
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commission receives a complaint made by a local government or the |
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administrative body of a school, hospital, or residential care |
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facility for elderly persons of an illness, an irritation, or a |
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medical complaint or condition that is allegedly caused by the air |
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contaminant or pollutant emissions a facility produces, the |
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commission shall begin monitoring the air contaminant or pollutant |
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emissions of the facility to determine whether the facility |
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produces more than the permitted level of emissions of contaminants |
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or pollutants described by Subsection (a). |
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SECTION 3. (a) Section 382.0525, Health and Safety Code, as |
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added by this Act, applies only to an application for a permit to |
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emit air contaminants or pollutants filed with the Texas Commission |
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on Environmental Quality on or after the effective date of this Act. |
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(b) The Texas Commission on Environmental Quality may not |
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require a permitted facility to reduce emissions under Section |
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382.0525(b), Health and Safety Code, as added by this Act, until |
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after December 31, 2010. |
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SECTION 4. This Act takes effect September 1, 2009. |