Texas 2009 - 81st Regular

Texas House Bill HB2912 Compare Versions

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

Old	New	Differences
1	1	81R9723 JJT-D
2	2	By: Allen H.B. No. 2912
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 AND STRATEGIC PLAN.
13	13	(a) The commission shall establish and maintain an air pollutant
14	14	watch 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 contaminant or area to or from the list are not matters subject
40	40	to the procedural requirements of Subchapter B, Chapter 2001,
41	41	Government Code.
42	42	(e) The commission shall develop and implement a strategic
43	43	plan for each area listed on the air pollutant watch list to reduce
44	44	the emissions levels of air pollutants that concern the area to a
45	45	degree that the area may be removed from the watch list over a
46	46	period not to exceed five years.
47	47	(f) The strategic plan must include benchmarks for
48	48	incrementally achieving reduced emissions levels over time and
49	49	monitoring schedules to ensure progress in achieving the
50	50	benchmarks.
51	51	(g) The plan must include:
52	52	(1) a procedure for the commission to identify air
53	53	pollutant emissions sources that are out of compliance with state
54	54	or federal emissions permits, rules, guidelines, or standards and
55	55	to bring those sources into compliance using any enforcement tools
56	56	available to the commission; and
57	57	(2) methods by which the commission and the owners or
58	58	operators of sources of emissions of air contaminants may cooperate
59	59	to reduce in each area listed on the air pollutant watch list the
60	60	emissions of air pollutants that concern the area.
61	61	SECTION 2. This Act takes effect September 1, 2009.