Texas 2009 - 81st Regular

Texas House Bill HB1447 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R7130 JJT-D
2	2	By: Allen H.B. No. 1447
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to monitoring, permitting, and reducing emissions of
8	8	certain air contaminants and pollutants.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 382, Health and Safety
11	11	Code, is amended by adding Section 382.0165 to read as follows:
12	12	Sec. 382.0165. AIR POLLUTANT WATCH LIST. (a) The
13	13	commission shall establish and maintain an air pollutant watch
14	14	list. The air pollutant watch list must identify:
15	15	(1) each air contaminant that the commission
16	16	determines, on the basis of federal or state ambient air quality
17	17	standards or effects screening levels for the contaminant, should
18	18	be included on the air pollutant watch list; and
19	19	(2) each geographic area of the state for which
20	20	ambient air quality monitoring data indicates that the individual
21	21	or cumulative emissions of one or more air contaminants identified
22	22	by the commission under Subdivision (1) may cause short-term or
23	23	long-term adverse human health effects or odors in that area.
24	24	(b) The commission shall publish notice of and allow public
25	25	comment on:
26	26	(1) an addition of an air contaminant to or removal of
27	27	an air contaminant from the air pollutant watch list; or
28	28	(2) an addition of an area to or removal of an area
29	29	from the air pollutant watch list.
30	30	(c) The commission shall hold a public meeting in each area
31	31	listed on the air pollutant watch list to provide residents of the
32	32	area with information regarding:
33	33	(1) the reasons for the area's inclusion on the air
34	34	pollutant watch list; and
35	35	(2) commission actions to reduce the emissions of air
36	36	contaminants contributing to the area's inclusion on the air
37	37	pollutant watch list.
38	38	(d) The air pollutant watch list and the addition or removal
39	39	of a pollutant or area to or from the list are not matters subject to
40	40	the procedural requirements of Subchapter B, Chapter 2001,
41	41	Government Code.
42	42	SECTION 2. Subchapter C, Chapter 382, Health and Safety
43	43	Code, is amended by adding Section 382.0525 to read as follows:
44	44	Sec. 382.0525. MONITORING OF AND LIMITATIONS ON EMISSIONS
45	45	NEAR SCHOOL, HOSPITAL, OR RESIDENTIAL CARE FACILITY FOR ELDERLY.
46	46	(a) The commission may not issue a permit or permit amendment under
47	47	this chapter for a facility or proposed facility that, at the time
48	48	the application for the permit or amendment is filed with the
49	49	commission, is located or proposed to be located less than five
50	50	miles from a school, hospital, or residential care facility for
51	51	elderly persons if the facility or proposed facility would emit any
52	52	of the following contaminants or pollutants at a level of emissions
53	53	that may cause a person located less than five miles from the
54	54	emission source an illness, an irritation, or a medical complaint
55	55	or condition:
56	56	(1) an air contaminant identified on the air pollutant
57	57	watch list under Section 382.0165(a)(1); or
58	58	(2) a hazardous air pollutant listed under Section 112
59	59	of the federal Clean Air Act (42 U.S.C. Section 7412).
60	60	(b) The commission shall require a facility that, under a
61	61	permit issued under this chapter, may emit an air contaminant or
62	62	pollutant of a type and at a level of emissions described by
63	63	Subsection (a) and that is located less than five miles from a
64	64	school, hospital, or residential care facility for elderly persons
65	65	to reduce the emissions of those contaminants or pollutants by not
66	66	less than 10 percent each calendar year until the facility's level
67	67	of emissions of each of those contaminants or pollutants is reduced
68	68	to a level that will not cause a person located less than five miles
69	69	from the emission source an illness, an irritation, or a medical
70	70	complaint or condition.
71	71	(c) Not later than the 30th day after the date the
72	72	commission receives a complaint made by a local government or the
73	73	administrative body of a school, hospital, or residential care
74	74	facility for elderly persons of an illness, an irritation, or a
75	75	medical complaint or condition that is allegedly caused by the air
76	76	contaminant or pollutant emissions a facility produces, the
77	77	commission shall begin monitoring the air contaminant or pollutant
78	78	emissions of the facility to determine whether the facility
79	79	produces more than the permitted level of emissions of contaminants
80	80	or pollutants described by Subsection (a).
81	81	SECTION 3. (a) Section 382.0525, Health and Safety Code, as
82	82	added by this Act, applies only to an application for a permit to
83	83	emit air contaminants or pollutants filed with the Texas Commission
84	84	on Environmental Quality on or after the effective date of this Act.
85	85	(b) The Texas Commission on Environmental Quality may not
86	86	require a permitted facility to reduce emissions under Section
87	87	382.0525(b), Health and Safety Code, as added by this Act, until
88	88	after December 31, 2010.
89	89	SECTION 4. This Act takes effect September 1, 2009.