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A BILL TO BE ENTITLED
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AN ACT
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relating to monitoring air contaminant emissions from certain |
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sources. |
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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 382.0161 and 382.0162 to read as |
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follows: |
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Sec. 382.0161. MONITORING REQUIREMENTS FOR MAJOR SOURCES. |
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(a) In this section, "major source" has the meaning assigned by |
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Section 501 of the federal Clean Air Act (42 U.S.C. Section 7661). |
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(b) In addition to other monitoring requirements under this |
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chapter, the commission by rule shall require the owner or operator |
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of a major source that is located in an air pollutant watch list |
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area identified under Section 382.0162 to: |
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(1) provide for daily fence-line monitoring of air |
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contaminant emissions from the major source; and |
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(2) make and maintain records on the measurement and |
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monitoring of the emissions. |
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(c) In providing for the daily fence-line monitoring of air |
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contaminant emissions as required by this section, the owner or |
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operator of the major source must: |
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(1) provide for at least two monitors with each of the |
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monitors placed on opposite sides of the source, one of which is |
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located predominantly upwind and the other located predominantly |
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downwind; |
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(2) provide for a sufficient number of monitors so |
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that the maximum distance measured along the fence line between |
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each monitor is one-eighth of a mile; and |
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(3) place the monitors in such a way that the monitors |
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are evenly spaced and are located where air contaminants have the |
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highest concentration levels at the fence line of the emission |
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source. |
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(d) The owner or operator of a major source shall designate |
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an independent consultant approved by the commission to certify to |
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the commission that the major source is in compliance with this |
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section. A member, employee, or agent of the commission may examine |
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during regular business hours the monitoring equipment or any |
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records or memoranda relating to the monitoring equipment required |
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under this section. |
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(e) The commission by rule shall require the owner or |
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operator of a major source to submit for the executive director's |
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approval a list of the air contaminant emissions that the owner or |
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operator will monitor under this section. To be eligible for |
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approval, the list must include: |
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(1) each hazardous air pollutant listed under Section |
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112 of the federal Clean Air Act (42 U.S.C. Section 7412) that is |
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applicable to the major source; and |
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(2) any other air contaminant the emission of which |
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the executive director or a local municipal or county air pollution |
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control agency requests that the owner or operator monitor. |
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(f) The commission may adopt rules allowing the owner or |
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operator of a major source to request an exemption from the |
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fence-line monitoring requirements of this section. To be eligible |
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for an exemption, the owner or operator must submit to the executive |
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director for approval an alternative monitoring plan that |
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demonstrates continuous or semi-continuous monitoring of each |
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stack, vent, flare, cooling tower, or other device for which |
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technologically feasible monitoring devices are available. The |
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owner or operator shall review the plan at least once every five |
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years to identify additional monitoring opportunities based on new |
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technology and submit proposed changes to the executive director |
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for approval. |
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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) 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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(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. (a) Not later than September 1, 2010, the owner |
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or operator of a major source must provide for the fence-line |
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monitoring of air contaminant emissions as required by Section |
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382.0161, Health and Safety Code, as added by this Act. |
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(b) Not later than January 1, 2010, the Texas Commission on |
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Environmental Quality shall adopt rules as necessary to implement |
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an air pollutant watch list area program under Section 382.0162, |
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Health and Safety Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2009. |