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A BILL TO BE ENTITLED
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AN ACT
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relating to environmental and public health protections regarding |
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smelter facilities at which lead-acid battery recycling activities |
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are conducted. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.133(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The commission may use the money collected and deposited |
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to the credit of the account under this section, including interest |
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credited under Subsection (b)(4), only for: |
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(1) necessary and appropriate removal and remedial |
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action at sites at which solid waste or hazardous substances have |
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been disposed if funds from a liable person, independent third |
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person, or the federal government are not sufficient for the |
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removal or remedial action; |
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(2) necessary and appropriate maintenance of removal |
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and remedial actions for the expected life of those actions if: |
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(A) funds from a liable person have been |
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collected and deposited to the credit of the account for that |
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purpose; or |
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(B) funds from a liable person, independent third |
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person, or the federal government are not sufficient for the |
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maintenance; |
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(3) expenses concerning compliance with: |
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(A) the Comprehensive Environmental Response, |
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Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et |
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seq.) as amended; |
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(B) the federal Superfund Amendments and |
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Reauthorization Act of 1986 (10 U.S.C. Section 2701 et seq.); and |
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(C) Subchapters F and I; |
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(4) expenses concerning the regulation and management |
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of household hazardous substances and the prevention of pollution |
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of the water resources of the state from the uncontrolled release of |
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hazardous substances; |
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(5) expenses concerning the cleanup or removal of a |
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spill, release, or potential threat of release of a hazardous |
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substance where immediate action is appropriate to protect human |
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health and the environment; |
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(6) expenses concerning implementation of the |
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voluntary cleanup program under Subchapter S or federal brownfields |
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initiatives; and |
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(7) expenses, not to exceed 10 percent of the annually |
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appropriated amount of the fees on batteries collected under |
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Section 361.138, related to lead-acid battery recycling |
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activities, including expenses for programs: |
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(A) for assessment and remediation of |
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environmental impacts of the activities; [and] |
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(B) to create incentives for the adoption of |
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innovative technology in lead-acid battery recycling to increase |
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the efficiency and effectiveness of the recycling process or reduce |
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the negative environmental impacts of the recycling process; and |
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(C) for studies evaluating the effects of the |
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activities on the public health. |
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SECTION 2. Subtitle G, Title 5, Health and Safety Code, is |
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amended by adding Chapter 428 to read as follows: |
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CHAPTER 428. RISK REDUCTION AND EMISSIONS CONTROLS |
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FOR LEAD-ACID BATTERY RECYCLING FACILITIES |
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Sec. 428.001. DEFINITIONS. In this chapter: |
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(1) "Air contaminant" has the meaning assigned by |
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Section 382.003. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Facility" means a smelter at which lead-acid |
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battery recycling activities are conducted. |
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(4) "Solid waste" has the meaning assigned by Section |
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361.003. |
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Sec. 428.0015. EMISSIONS HEALTH RISK ASSESSMENT. (a) |
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Using methods prescribed by commission rule, the owner or operator |
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of a facility shall perform a comprehensive health risk assessment |
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of the facility's air contaminant emissions that evaluates: |
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(1) the negative public health effects, other than |
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effects related to cancer risks, of each air contaminant and |
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combination of contaminants the facility emits; and |
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(2) the increased risk of cancer for members of the |
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public associated with exposure to each known or suspected |
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carcinogenic chemical or combination of chemicals contained in the |
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facility's emissions. |
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(b) Not later than March 1, 2012, the owner or operator of |
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the facility shall complete the assessment required by Subsection |
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(a) and present the assessment to the commission and to the |
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governing body of each municipality within the boundaries or |
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extraterritorial jurisdiction of which the facility operates. |
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(c) The assessment performed under this section must be |
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based on information from air monitoring and an accurate inventory |
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of the facility's emissions and must address: |
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(1) the presence of contaminants emitted by the |
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facility as they may be found in any environmental medium, |
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including the air, water, and soil; and |
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(2) all pathways and combinations of pathways by which |
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an emitted contaminant may affect the health of an individual, |
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including: |
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(A) respiration; |
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(B) dermal exposure; and |
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(C) ingestion of contaminated soil or ingestion |
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of contaminants contained in plants grown in contaminated soil or |
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in animals contaminated by exposure to contaminants or by |
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contaminated feed. |
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(d) In developing the methods to be prescribed under |
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Subsection (a), the commission shall work with any municipality |
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within the boundaries or extraterritorial jurisdiction of which a |
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facility operates. |
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(e) This section expires September 1, 2013. |
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Sec. 428.0016. SOLID WASTE MANAGEMENT RISK ASSESSMENT. (a) |
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Using methods prescribed by commission rule, the owner or operator |
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of a facility shall perform a comprehensive health risk assessment |
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of the facility's active, inactive, and closed solid waste |
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management units to assess the scope of actual and potential |
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contamination of soil, groundwater, and surface water from solid |
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waste management activities at the units. The assessment must |
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evaluate: |
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(1) the negative public health effects presented and |
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potentially presented, other than effects related to cancer risks, |
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by contamination of soil, groundwater, and surface water from solid |
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waste management activities at the solid waste management units; |
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and |
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(2) the increased risk of cancer for members of the |
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public associated with exposure to each known or suspected |
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carcinogenic chemical or combination of chemicals presented and |
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potentially presented by contamination of soil, groundwater, and |
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surface water from solid waste management activities at the solid |
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waste management units. |
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(b) Not later than March 1, 2012, the owner or operator of |
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the facility shall complete the assessment required by Subsection |
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(a) and present the assessment to the commission and to the |
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governing body of each municipality within the boundaries or |
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extraterritorial jurisdiction of which the facility operates. |
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(c) The assessment performed under this section must |
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address: |
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(1) the presence of solid wastes as they may be found |
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in any environmental medium, including the air, water, and soil; |
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and |
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(2) all pathways and combinations of pathways by which |
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the solid wastes may affect the health of an individual, including: |
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(A) respiration; |
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(B) dermal exposure; and |
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(C) ingestion of contaminated soil or ingestion |
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of contaminants contained in plants grown in contaminated soil or |
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in animals contaminated by exposure to contaminants or by |
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contaminated feed. |
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(d) In developing the methods to be prescribed under |
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Subsection (a), the commission shall work with any municipality |
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within the boundaries or extraterritorial jurisdiction of which a |
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facility operates. |
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(e) This section expires September 1, 2013. |
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Sec. 428.0017. CESSATION OF OPERATIONS. (a) The owner or |
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operator of a facility shall cease operations of the facility |
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immediately if an assessment performed under Section 428.0015 or |
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428.0016 reveals that exposure to the facility's air contaminant |
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emissions, residues from air contaminant emissions, or |
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contamination from solid waste results in: |
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(1) a combined and cumulative lifetime increase in |
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risks of deleterious, noncancerous health effects that exceeds a |
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hazard index of one for daily, chronic exposure for individuals |
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residing three miles or less from the facility; or |
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(2) a lifetime risk of cancer greater than one in one |
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million for individuals residing three miles or less from the |
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facility. |
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(b) Operations must remain ceased under this section until |
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corrective action has been taken and the commission has approved, |
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after hearing, the operation of the facility. |
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(c) This section expires September 1, 2017. |
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Sec. 428.002. CONTROLS FOR AIR CONTAMINANT EMISSIONS. (a) |
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The owner or operator of a facility shall have installed at the |
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facility emissions controls as prescribed by commission rule. |
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Emissions controls must include: |
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(1) electrostatic precipitators; |
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(2) thermal oxidizers; |
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(3) enhanced filtration systems; and |
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(4) negative pressure and enhanced filtration systems |
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for materials handling and processing areas. |
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(b) The owner or operator of the facility semiannually shall |
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demonstrate by means of a performance test that the facility's |
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installed emissions controls are effective at achieving a 95 |
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percent reduction in the facility's emissions air contaminants in |
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the form of metals and organic chemicals as particulates and vapors |
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associated with known or suspected carcinogens. The owner or |
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operator shall submit the performance test report in a form |
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prescribed by the commission to the commission and to each |
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municipality within the boundaries or extraterritorial |
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jurisdiction of which the facility operates. |
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(c) The owner or operator of the facility shall take |
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corrective action as necessary to bring the emissions controls into |
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compliance with this section not later than the 30th day after the |
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date a performance test or other information available to the owner |
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or operator, including information from air monitoring, indicates a |
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deficiency in the effectiveness of the controls. |
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Sec. 428.003. AIR MONITORING AND REPORTING. (a) The owner |
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or operator of a facility at which lead-acid battery recycling |
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activities are conducted shall: |
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(1) have installed and continuously operate at the |
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northern, southern, eastern, and western boundaries of the facility |
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property air monitors to detect speciated metals and speciated |
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volatile organic compounds; and |
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(2) have installed and continuously operate |
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continuous opacity monitors and continuous emissions monitors for |
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particulate matter emissions and volatile organic compounds |
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emissions from the facility's process stacks and vents. |
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(b) The emissions information generated by the monitors |
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described by Subsection (a)(2) must be posted in real time to a |
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publicly accessible Internet website if such a website is provided |
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by a municipality within the boundaries or extraterritorial |
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jurisdiction of which the facility operates. |
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(c) In addition to the monitors required by Subsection |
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(a)(1), the owner or operator of the facility shall install and |
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continuously operate air monitors for the same purpose at other |
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locations as required by commission rule and at locations specified |
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by a municipality within the boundaries or extraterritorial |
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jurisdiction of which the facility operates. |
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Sec. 428.004. SOLID WASTE MANAGEMENT UNITS. The owner or |
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operator of a facility shall install: |
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(1) impervious and wear-resistant caps on the |
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facility's closed or inactive waste management units; and |
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(2) negative pressure and enhanced filtration systems |
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in active solid waste management units. |
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Sec. 428.005. ENFORCEMENT. (a) In addition to any other |
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enforcement means available to the commission under Chapter 7, |
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Water Code, to enforce this chapter, the commission shall revoke |
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any permit the commission has issued to a facility on a finding by |
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the commission, after notice and opportunity for hearing, that the |
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owner or operator of the facility has violated this chapter or a |
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rule adopted or order issued under this chapter two or more times in |
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a period of 36 months or less. |
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(b) A municipality within the boundaries or |
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extraterritorial jurisdiction of which the facility operates may |
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revoke any permit or other authorization the municipality has |
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issued to the facility on a finding by the governing body of the |
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municipality, after notice and opportunity for hearing, that the |
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owner or operator of the facility has violated this chapter or a |
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rule adopted or order issued under this chapter two or more times in |
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a period of 36 months or less. |
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SECTION 3. The Texas Commission on Environmental Quality |
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shall adopt rules as necessary to implement Chapter 428, Health and |
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Safety Code, as added by this Act, as soon as practicable after the |
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effective date of this Act. |
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SECTION 4. (a) The owner or operator of a smelter facility |
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at which lead-acid battery recycling activities are being conducted |
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on the effective date of this Act shall install all equipment or |
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devices required by Sections 428.002-428.004, Health and Safety |
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Code, as added by this Act, not later than September 1, 2012. |
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(b) The owner or operator of a smelter facility at which |
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lead-acid battery recycling activities are being conducted on the |
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effective date of this Act shall conduct the first semiannual |
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performance test required by Section 428.002, Health and Safety |
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Code, as added by this Act, not later than December 1, 2012. |
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SECTION 5. This Act takes effect September 1, 2011. |