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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 AND STRATEGIC PLAN. |
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(a) The commission shall establish and maintain an air pollutant |
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watch 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 contaminant or area to or from the list are not matters subject |
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to the procedural requirements of Subchapter B, Chapter 2001, |
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Government Code. |
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(e) The commission shall develop and implement a strategic |
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plan for each area listed on the air pollutant watch list to reduce |
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the emissions levels of air pollutants that concern the area to a |
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degree that the area may be removed from the watch list over a |
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period not to exceed five years. |
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(f) The strategic plan must include benchmarks for |
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incrementally achieving reduced emissions levels over time and |
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monitoring schedules to ensure progress in achieving the |
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benchmarks. |
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(g) The plan must include: |
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(1) a procedure for the commission to identify air |
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pollutant emissions sources that are out of compliance with state |
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or federal emissions permits, rules, guidelines, or standards and |
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to bring those sources into compliance using any enforcement tools |
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available to the commission; and |
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(2) methods by which the commission and the owners or |
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operators of sources of emissions of air contaminants may cooperate |
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to reduce in each area listed on the air pollutant watch list the |
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emissions of air pollutants that concern the area. |
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SECTION 2. This Act takes effect September 1, 2009. |