81R9723 JJT-D
By: Allen H.B. No. 2912
A BILL TO BE ENTITLED
AN ACT
relating to monitoring, permitting, and reducing emissions of
certain air contaminants and pollutants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 382, Health and Safety
Code, is amended by adding Section 382.0165 to read as follows:
Sec. 382.0165. AIR POLLUTANT WATCH LIST AND STRATEGIC PLAN.
(a) The commission shall establish and maintain an air pollutant
watch list. The air pollutant watch list must identify:
(1) each air contaminant that the commission
determines, on the basis of federal or state ambient air quality
standards or effects screening levels for the contaminant, should
be included on the air pollutant watch list; and
(2) each geographic area of the state for which
ambient air quality monitoring data indicates that the individual
or cumulative emissions of one or more air contaminants identified
by the commission under Subdivision (1) may cause short-term or
long-term adverse human health effects or odors in that area.
(b) The commission shall publish notice of and allow public
comment on:
(1) an addition of an air contaminant to or removal of
an air contaminant from the air pollutant watch list; or
(2) an addition of an area to or removal of an area
from the air pollutant watch list.
(c) The commission shall hold a public meeting in each area
listed on the air pollutant watch list to provide residents of the
area with information regarding:
(1) the reasons for the area's inclusion on the air
pollutant watch list; and
(2) commission actions to reduce the emissions of air
contaminants contributing to the area's inclusion on the air
pollutant watch list.
(d) The air pollutant watch list and the addition or removal
of a contaminant or area to or from the list are not matters subject
to the procedural requirements of Subchapter B, Chapter 2001,
Government Code.
(e) The commission shall develop and implement a strategic
plan for each area listed on the air pollutant watch list to reduce
the emissions levels of air pollutants that concern the area to a
degree that the area may be removed from the watch list over a
period not to exceed five years.
(f) The strategic plan must include benchmarks for
incrementally achieving reduced emissions levels over time and
monitoring schedules to ensure progress in achieving the
benchmarks.
(g) The plan must include:
(1) a procedure for the commission to identify air
pollutant emissions sources that are out of compliance with state
or federal emissions permits, rules, guidelines, or standards and
to bring those sources into compliance using any enforcement tools
available to the commission; and
(2) methods by which the commission and the owners or
operators of sources of emissions of air contaminants may cooperate
to reduce in each area listed on the air pollutant watch list the
emissions of air pollutants that concern the area.
SECTION 2. This Act takes effect September 1, 2009.