By: Reynolds H.B. No. 74
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the analysis of inspection and maintenance requirements
  for air quality permits issued by the Texas Commission on
  Environmental Quality for certain oil and gas facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 382, Health and Safety
  Code, is amended by adding Section 382.051965 to read as follows:
         Sec. 382.051965.  ANALYSIS OF INSPECTION AND MAINTENANCE
  REQUIREMENTS FOR OIL AND GAS FACILITIES. (a) This section applies
  only to a rule or requirement:
               (1)  relating to a permit by rule or a standard permit
  for a facility described by Section 382.051961(a); and
               (2)  that:
                     (A)  is a rule or requirement of the commission in
  effect on September 1, 2021; or
                     (B)  is a proposed or approved federal rule or
  requirement that may be implemented before March 31, 2022.
         (b)  The commission shall examine rules and requirements
  described by Subsection (a) governing:
               (1)  inspection and maintenance programs, including
  programs that use optical gas imaging, for the detection and repair
  of leaks from all valves, pump seals, flanges, compressor seals,
  pressure relief valves, open-ended lines, tanks, and other process
  and operation components of the facility that could result in
  fugitive emissions;
               (2)  the use of venting and flaring;
               (3)  emissions of volatile organic compounds from
  storage tanks that have the potential to emit more than one ton of
  volatile organic compounds per year;
               (4)  emissions of nitrogen oxides from compressor
  engines with more than 100 horsepower;
               (5)  maintenance requirements and best practices for
  compressor stations; and
               (6)  emissions from and maintenance of pneumatic
  devices and controllers between a wellhead and a natural gas
  processing plant.
         (c)  The commission shall prepare a report that:
               (1)  addresses issues raised concerning the rules or
  requirements described by Subsection (b); and
               (2)  suggests options for improving safety, preventing
  air emissions from oil and gas equipment, including methane and
  other useful products, and reducing emissions from facilities
  described by Subsection (a)(1).
         (d)  In suggesting options for improvement for the purposes
  of Subsection (c)(2), the commission may consider both regulatory
  and incentive approaches, including approaches taken in other
  leading oil and gas producing states that would lead to
  improvements in air quality and public health.
         (e)  The commission may cooperate with the Railroad
  Commission of Texas in developing the report and obtaining public
  comment under Subsection (f).
         (f)  Not later than April 1, 2022, the commission shall issue
  and make available for public comment a preliminary report. The
  commission may hold meetings to consider public comment. After
  considering public comment, if any, but not later than September 1,
  2022, the commission shall post on its Internet website the final
  report.
         (g)  Nothing in this section prevents the commission from
  adopting rules on the issues contained in the study.
         (h)  This section expires August 31, 2023.
         SECTION 2.  This Act takes effect on the 91st day after the
  last day of the legislative session.