81R1101 JJT-D
By: Gallegos S.B. No. 173
A BILL TO BE ENTITLED
AN ACT
relating to monitoring air contaminant emissions from certain
sources.
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 Sections 382.0161 and 382.0162 to read as
follows:
Sec. 382.0161. MONITORING REQUIREMENTS FOR MAJOR SOURCES.
(a) In this section, "major source" has the meaning assigned by
Section 501 of the federal Clean Air Act (42 U.S.C. Section 7661).
(b) In addition to other monitoring requirements under this
chapter, the commission by rule shall require the owner or operator
of a major source that is located in an air pollutant watch list
area identified under Section 382.0162 to:
(1) provide for daily fence-line monitoring of air
contaminant emissions from the major source; and
(2) make and maintain records on the measurement and
monitoring of the emissions.
(c) In providing for the daily fence-line monitoring of air
contaminant emissions as required by this section, the owner or
operator of the major source must:
(1) provide for at least two monitors with each of the
monitors placed on opposite sides of the source, one of which is
located predominantly upwind and the other located predominantly
downwind;
(2) provide for a sufficient number of monitors so
that the maximum distance measured along the fence line between
each monitor is one-eighth of a mile; and
(3) place the monitors in such a way that the monitors
are evenly spaced and are located where air contaminants have the
highest concentration levels at the fence line of the emission
source.
(d) The owner or operator of a major source shall designate
an independent consultant approved by the commission to certify to
the commission that the major source is in compliance with this
section. A member, employee, or agent of the commission may examine
during regular business hours the monitoring equipment or any
records or memoranda relating to the monitoring equipment required
under this section.
(e) The commission by rule shall require the owner or
operator of a major source to submit for the executive director's
approval a list of the air contaminant emissions that the owner or
operator will monitor under this section. To be eligible for
approval, the list must include:
(1) each hazardous air pollutant listed under Section
112 of the federal Clean Air Act (42 U.S.C. Section 7412) that is
applicable to the major source; and
(2) any other air contaminant the emission of which
the executive director or a local municipal or county air pollution
control agency requests that the owner or operator monitor.
(f) The commission may adopt rules allowing the owner or
operator of a major source to request an exemption from the
fence-line monitoring requirements of this section. To be eligible
for an exemption, the owner or operator must submit to the executive
director for approval an alternative monitoring plan that
demonstrates continuous or semi-continuous monitoring of each
stack, vent, flare, cooling tower, or other device for which
technologically feasible monitoring devices are available. The
owner or operator shall review the plan at least once every five
years to identify additional monitoring opportunities based on new
technology and submit proposed changes to the executive director
for approval.
Sec. 382.0162. 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) The commission may hold a public meeting in an 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 pollutant or area to or from the list are not matters subject to
the procedural requirements of Subchapter B, Chapter 2001,
Government Code.
SECTION 2. (a) Not later than September 1, 2010, the owner
or operator of a major source must provide for the fence-line
monitoring of air contaminant emissions as required by Section
382.0161, Health and Safety Code, as added by this Act.
(b) Not later than January 1, 2010, the Texas Commission on
Environmental Quality shall adopt rules as necessary to implement
an air pollutant watch list area program under Section 382.0162,
Health and Safety Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2009.