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A BILL TO BE ENTITLED
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AN ACT
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relating to measuring, monitoring, and reporting emissions. |
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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 Sections 382.0162 and 382.042 to read as |
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follows: |
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Sec. 382.0162. 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) When considering the addition or removal of an area to |
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the air pollutant watch list, the commission shall provide the |
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monitoring data related to the area to the state senator and |
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representative who represent the area. |
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(d) The commission may hold a public meeting in an 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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(e) 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 requirements of Subchapter B, Chapter 2001, Government Code. |
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Sec. 382.042. EFFECTS SCREENING LEVELS. (a) The |
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commission shall adopt guidelines for effects screening levels for |
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air contaminants as determined by the commission. Each effects |
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screening level must: |
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(1) be set in a manner that takes into consideration |
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acute and chronic health effects on a person resulting from |
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exposure to an air contaminant; |
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(2) be based in part on the health effects of: |
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(A) the short-term exposure of a person to the |
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air contaminant from an emission source; and |
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(B) the long-term exposure of a person to the air |
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contaminant from an emission source; and |
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(3) be set at a level that does not increase the risk |
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of cancer in a person exposed to the air contaminant by greater than |
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one chance in 100,000 or another level set by the commission to |
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protect human health and welfare when compared to a person not |
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exposed to the contaminant. |
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(b) The commission shall use the adopted effects screening |
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levels in permit reviews under this chapter of all new and modified |
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facilities to establish enforceable limits in the permits. |
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(c) Revisions of the effects screening levels are not |
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subject to Subchapter B, Chapter 2001, Government Code. |
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SECTION 2. Sections 382.0215(e) and (g), Health and Safety |
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Code, are amended to read as follows: |
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(e) The commission shall develop the capacity for |
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electronic reporting and shall incorporate reported emissions |
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events into a permanent online centralized database for emissions |
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events. The commission shall develop a mechanism whereby the |
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reporting entity shall be allowed to review the information |
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relative to its reported emissions events prior to such information |
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being included in the database. The database shall be easily |
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searchable and accessible to the public. The commission shall |
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evaluate information in the database to identify persons who |
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repeatedly fail to report reportable emissions events. The |
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commission shall enforce against such persons pursuant to Section |
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382.0216(i). The commission shall describe such enforcement |
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actions in the report required in Subsection (g). |
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(g) The commission annually, or on request by a member of |
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the legislature, shall assess the information received under this |
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section, including actions taken by the commission in response to |
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the emissions events, and shall include the assessment in the |
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report required by Section 5.126, Water Code. |
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SECTION 3. Chapter 505, Health and Safety Code, is amended |
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by adding Section 505.017 to read as follows: |
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Sec. 505.017. NOTICE ISSUED UNDER EMERGENCIES. (a) When |
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immediate notification of a release by a facility to the state |
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emergency response commission is required in accordance with EPCRA, |
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the state agency responsible for the information submitted to the |
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state emergency response commission, on receipt of the required |
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notification, shall make a determination as to whether the release |
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reported would substantially endanger human health or the |
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environment. |
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(b) If the responsible state agency makes the determination |
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that the release will substantially endanger human health or the |
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environment, it shall, on request, notify the state senator or |
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representative who represents the area in which the facility is |
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located of the release within four hours of receipt of the original |
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notification. |
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SECTION 4. This Act takes effect September 1, 2009. |