By: Burnam H.B. No. 3591
A BILL TO BE ENTITLED
AN ACT
relating to the control of emissions from crude oil and condensate
storage tanks in certain areas of this state.
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 382.0203 to read as follows:
Sec. 382.0203. CONTROL OF EMISSIONS FROM CRUDE OIL AND
CONDENSATE STORAGE TANKS. (a) The commission by rule shall
regulate the emissions of volatile organic compounds from a storage
tank or tank battery located in an area designated as a
nonattainment area for a national ambient air quality standard for
ozone within the meaning of Section 107(d) of the federal Clean Air
Act (42 U.S.C. Section 7407) that is used:
(1) to store crude oil or condensate before custody
transfer; or
(2) at a pipeline breakout station.
(b) The owner or operator of a storage tank or tank battery
described by Subsection (a) shall ensure that flashed gases are
routed to a vapor recovery system or control device if:
(1) for a storage tank or tank battery in operation
before September 1, 2010, the tank or tank battery has the potential
to emit an aggregate of 10 or more tons of volatile organic
compounds in any 12-month period if emissions were not controlled;
and
(2) for a storage tank or tank battery that begins
operation on or after September 1, 2010, the tank or tank battery
has the potential to emit an aggregate of five or more tons of
volatile organic compounds in any 12-month period if emissions were
not controlled.
(c) Rules adopted under Subsection (a) apply to a storage
tank or tank battery under Subsection (b)(1) only on and after
September 1, 2011.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.