82R2144 JAM-F

By: Gallegos S.B. No. 676

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of toxic hotspots under the Texas Clean Air Act.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 382, Health and Safety Code, is amended by adding Subchapter L to read as follows:

SUBCHAPTER L. TOXIC HOTSPOT PILOT PROGRAM

Sec. 382.551. DEFINITIONS. In this subchapter:

(1) "Ambient air toxic standard" means the maximum allowable average ambient concentration of a priority toxic air contaminant as established under Section 382.554 or 382.559.

(2) "Priority toxic air contaminant" means an air contaminant listed under Section 382.553 or 382.559.

(3) "Toxic hotspot" means a geographic area in which modeled or monitored ambient air concentrations of one or more priority toxic air contaminants exceed ambient air toxic standards.

Sec. 382.552. DESIGNATION OF TOXIC HOTSPOTS. (a) The commission shall designate certain geographic areas in this state as toxic hotspots.

(b) The commission shall designate an area as a toxic hotspot if monitoring or modeling data indicate the area likely exceeds an ambient air toxic standard.

(c) In establishing the geographic boundaries of a toxic hotspot, the commission shall consider:

(1) the locations where people are exposed to ambient concentrations likely exceeding ambient air toxic standards;

(2) the locations of dense populations and of vulnerable populations, such as children and the elderly;

(3) the locations of emission sources of the relevant priority toxic air contaminant; and

(4) the meteorology, geography, and topography of the area.

Sec. 382.553. PRIORITY TOXIC AIR CONTAMINANTS. Not later than December 31, 2011, the commission shall designate toxic hotspots for the following priority toxic air contaminants:

(1) benzene;

(2) 1,3-butadiene;

(3) hydrogen sulfide; and

(4) nickel.

Sec. 382.554. AMBIENT AIR TOXIC STANDARDS. (a) The commission shall establish ambient air toxic standards for each priority toxic air contaminant at a level to ensure that:

(1) for carcinogens, the allowed average concentration of the contaminant results in an increase in the lifetime risk of cancer that is no greater than one in 100,000 for a person most exposed to the contaminant; and

(2) there are no appreciable risks of non-cancer, deleterious health effects.

(b) In toxic hotspots where the public is exposed to multiple priority toxic air contaminants, the commission shall consider cumulative impacts and shall lower the ambient air toxic standards applicable in such hotspots as necessary to protect public health.

Sec. 382.555. ACHIEVEMENT OF AMBIENT AIR TOXIC STANDARDS. The commission shall take actions necessary to ensure that the ambient air concentrations of priority toxic air contaminants in toxic hotspots are below the ambient air toxic standards. Such actions may include requiring the owner or operator of a facility:

(1) to reduce emissions of a priority toxic air contaminant at an existing source, including requiring an appropriate amendment to the owner's or operator's permit to reduce the authorized emissions of the contaminant at the time of permit renewal or at any other time;

(2) if applying for commission approval to increase emissions of a priority toxic air contaminant or to emit a new priority toxic air contaminant, to offset the increased or new emissions by reducing emissions from an existing source at the facility in an amount that is greater than the proposed increase in emissions;

(3) to establish specific controls and best management practices to reduce the emission of a priority toxic air contaminant; and

(4) to conduct enhanced monitoring for priority toxic air contaminants.

Sec. 382.556. SCHEDULE FOR ACHIEVING AMBIENT AIR TOXIC STANDARDS. The commission shall ensure that the ambient air toxic standards for priority toxic air contaminants are achieved in each toxic hotspot before December 31, 2014.

Sec. 382.557. PUBLIC ACCESS AND COMMENT. (a) The commission shall maintain on the commission's Internet website:

(1) a list of priority toxic air contaminants and their associated ambient air toxic standards; and

(2) a list of all toxic hotspots in this state.

(b) The commission shall establish procedures for members of the public to receive notice of and an opportunity to comment on an action taken by the commission concerning:

(1) the designation of toxic hotspots for each priority toxic air contaminant;

(2) the removal of an area's designation as a toxic hotspot; and

(3) the establishment or amendment of ambient air toxic standards for priority toxic air contaminants.

(c) The commission must provide a public comment period of at least 30 days before the commission establishes or amends an ambient air toxic standard. When the commission publishes notice of a proposed amendment to a standard, the commission must include a justification for the amendment.

(d) The commission's Internet website must describe the procedures that a member of the public may follow to receive notice, provide comments, petition for designation of an area as a toxic hotspot, or otherwise participate in the toxic hotspot pilot program under this subchapter.

Sec. 382.558. REPORTS TO LEGISLATURE. The commission shall include in its annual enforcement reports each year through 2014 information regarding its progress under the toxic hotspot pilot program. The report shall include:

(1) a list of the hotspots designated for each priority toxic air contaminant;

(2) the steps taken to attain the ambient air toxic standards in each hotspot; and

(3) the progress made in attaining the standards.

Sec. 382.559. EXPANDED TOXIC HOTSPOT PROGRAM. (a) Not later than December 31, 2014, the commission shall adopt rules expanding the toxic hotspot pilot program.

(b) Rules under this section must include:

(1) procedures and a public process for listing priority toxic air contaminants in addition to those listed in Section 382.553, including:

(A) chromium VI;

(B) ethylene dibromide;

(C) acrylonitrile;

(D) acrolein;

(E) chlorine; and

(F) hexamethylene diisocyanate; and

(2) procedures and a public process for setting ambient air toxic standards for priority toxic air contaminants at levels that do not result in appreciable risks of deleterious health effects.

(c) For each priority toxic air contaminant that is a carcinogen, the commission shall establish an ambient air toxic standard that ensures the allowed average concentration of the contaminant results in an increase in the lifetime cancer risk that is no greater than one in 100,000 for a person most exposed to the contaminant.

(d) In toxic hotspots where the public is exposed to multiple priority toxic air contaminants, the commission shall consider cumulative impacts and shall lower the ambient air toxic standards applicable in such hotspots as necessary to protect public health.

(e) The rules under this section must also include:

(1) procedures and a public participation process for designating as toxic hotspots areas that exceed one or more of the ambient air toxic standards; and

(2) procedures and a public process for developing plans, source-specific requirements, and deadlines for bringing all toxic hotspots into compliance with applicable ambient air toxic standards, including plans, requirements, and deadlines involving:

(A) tightening emissions limits in existing permits for priority toxic air contaminants;

(B) requiring offsets for new emissions of priority toxic air contaminants at amounts greater than the amount of new emissions to be emitted;

(C) requiring specific controls or best management practices to reduce emissions of priority toxic air contaminants; and

(D) requiring additional monitoring of priority toxic air contaminants.

(f) The deadlines developed under Subsection (e)(2) shall ensure that ambient air toxic standards are met in each hotspot as soon as possible, and in all cases within three years of designation as a hotspot.

SECTION 2. This Act takes effect September 1, 2011.