81R3285 JJT-D
By: Hernandez H.B. No. 557
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of an air pollutant watch list and
associated reports for the purpose of controlling the emissions of
air contaminants under the Texas Clean Air Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.0205, Health and Safety Code, is
amended to read as follows:
Sec. 382.0205. SPECIAL PROBLEMS RELATED TO AIR CONTAMINANT
EMISSIONS. Consistent with applicable federal law, the commission
by rule may control air contaminants as necessary to protect
against adverse effects related to:
(1) acid deposition;
(2) stratospheric changes, including depletion of
ozone; [and]
(3) climatic changes, including global warming; and
(4) air pollution.
SECTION 2. Subchapter B, Chapter 382, Health and Safety
Code, is amended by adding Sections 382.0206 and 382.0207 to read as
follows:
Sec. 382.0206. AIR POLLUTANT WATCH LIST. (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) Each year, 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) Not later than December 1 of each year, the commission
shall prepare an electronic report regarding the air pollutant
watch list and provide the report to the governor, the lieutenant
governor, and the speaker of the house of representatives. The
report must include:
(1) the areas and air contaminants currently listed on
the air pollutant watch list;
(2) the areas and air contaminants added to or removed
from the air pollutant watch list during the preceding fiscal year;
(3) the actions taken by the commission during the
preceding fiscal year to reduce the ambient air concentration
levels of air contaminants included on the air pollutant watch
list; and
(4) any additional monitoring that is needed in a
particular area of the state to determine whether the area should be
included on the air pollutant watch list.
(e) The air pollutant watch list and the addition of or
removal of a pollutant or area to or from the list are not matters
subject to the procedural requirements of Subchapter B, Chapter
2001, Government Code.
Sec. 382.0207. PUBLICATION OF AMBIENT AIR QUALITY STANDARDS
ON INTERNET WEBSITE. The commission shall promptly publish on its
Internet website any ambient air quality data collected by the
commission from mobile or stationary ambient air quality monitors.
SECTION 3. Not later than December 1, 2010, the Texas
Commission on Environmental Quality shall prepare and provide to
the governor, the lieutenant governor, and the speaker of the house
of representatives the initial report required under Section
382.0206(d), Health and Safety Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2009.