Texas 2009 - 81st Regular

Texas Senate Bill SB173 Compare Versions

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

Old	New	Differences
1	1	81R1101 JJT-D
2	2	By: Gallegos S.B. No. 173
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to monitoring air contaminant emissions from certain
8	8	sources.
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 Sections 382.0161 and 382.0162 to read as
12	12	follows:
13	13	Sec. 382.0161. MONITORING REQUIREMENTS FOR MAJOR SOURCES.
14	14	(a) In this section, "major source" has the meaning assigned by
15	15	Section 501 of the federal Clean Air Act (42 U.S.C. Section 7661).
16	16	(b) In addition to other monitoring requirements under this
17	17	chapter, the commission by rule shall require the owner or operator
18	18	of a major source that is located in an air pollutant watch list
19	19	area identified under Section 382.0162 to:
20	20	(1) provide for daily fence-line monitoring of air
21	21	contaminant emissions from the major source; and
22	22	(2) make and maintain records on the measurement and
23	23	monitoring of the emissions.
24	24	(c) In providing for the daily fence-line monitoring of air
25	25	contaminant emissions as required by this section, the owner or
26	26	operator of the major source must:
27	27	(1) provide for at least two monitors with each of the
28	28	monitors placed on opposite sides of the source, one of which is
29	29	located predominantly upwind and the other located predominantly
30	30	downwind;
31	31	(2) provide for a sufficient number of monitors so
32	32	that the maximum distance measured along the fence line between
33	33	each monitor is one-eighth of a mile; and
34	34	(3) place the monitors in such a way that the monitors
35	35	are evenly spaced and are located where air contaminants have the
36	36	highest concentration levels at the fence line of the emission
37	37	source.
38	38	(d) The owner or operator of a major source shall designate
39	39	an independent consultant approved by the commission to certify to
40	40	the commission that the major source is in compliance with this
41	41	section. A member, employee, or agent of the commission may examine
42	42	during regular business hours the monitoring equipment or any
43	43	records or memoranda relating to the monitoring equipment required
44	44	under this section.
45	45	(e) The commission by rule shall require the owner or
46	46	operator of a major source to submit for the executive director's
47	47	approval a list of the air contaminant emissions that the owner or
48	48	operator will monitor under this section. To be eligible for
49	49	approval, the list must include:
50	50	(1) each hazardous air pollutant listed under Section
51	51	112 of the federal Clean Air Act (42 U.S.C. Section 7412) that is
52	52	applicable to the major source; and
53	53	(2) any other air contaminant the emission of which
54	54	the executive director or a local municipal or county air pollution
55	55	control agency requests that the owner or operator monitor.
56	56	(f) The commission may adopt rules allowing the owner or
57	57	operator of a major source to request an exemption from the
58	58	fence-line monitoring requirements of this section. To be eligible
59	59	for an exemption, the owner or operator must submit to the executive
60	60	director for approval an alternative monitoring plan that
61	61	demonstrates continuous or semi-continuous monitoring of each
62	62	stack, vent, flare, cooling tower, or other device for which
63	63	technologically feasible monitoring devices are available. The
64	64	owner or operator shall review the plan at least once every five
65	65	years to identify additional monitoring opportunities based on new
66	66	technology and submit proposed changes to the executive director
67	67	for approval.
68	68	Sec. 382.0162. AIR POLLUTANT WATCH LIST. (a) The
69	69	commission shall establish and maintain an air pollutant watch
70	70	list. The air pollutant watch list must identify:
71	71	(1) each air contaminant that the commission
72	72	determines, on the basis of federal or state ambient air quality
73	73	standards or effects screening levels for the contaminant, should
74	74	be included on the air pollutant watch list; and
75	75	(2) each geographic area of the state for which
76	76	ambient air quality monitoring data indicates that the individual
77	77	or cumulative emissions of one or more air contaminants identified
78	78	by the commission under Subdivision (1) may cause short-term or
79	79	long-term adverse human health effects or odors in that area.
80	80	(b) The commission shall publish notice of and allow public
81	81	comment on:
82	82	(1) an addition of an air contaminant to or removal of
83	83	an air contaminant from the air pollutant watch list; or
84	84	(2) an addition of an area to or removal of an area
85	85	from the air pollutant watch list.
86	86	(c) The commission may hold a public meeting in an area
87	87	listed on the air pollutant watch list to provide residents of the
88	88	area with information regarding:
89	89	(1) the reasons for the area's inclusion on the air
90	90	pollutant watch list; and
91	91	(2) commission actions to reduce the emissions of air
92	92	contaminants contributing to the area's inclusion on the air
93	93	pollutant watch list.
94	94	(d) The air pollutant watch list and the addition or removal
95	95	of a pollutant or area to or from the list are not matters subject to
96	96	the procedural requirements of Subchapter B, Chapter 2001,
97	97	Government Code.
98	98	SECTION 2. (a) Not later than September 1, 2010, the owner
99	99	or operator of a major source must provide for the fence-line
100	100	monitoring of air contaminant emissions as required by Section
101	101	382.0161, Health and Safety Code, as added by this Act.
102	102	(b) Not later than January 1, 2010, the Texas Commission on
103	103	Environmental Quality shall adopt rules as necessary to implement
104	104	an air pollutant watch list area program under Section 382.0162,
105	105	Health and Safety Code, as added by this Act.
106	106	SECTION 3. This Act takes effect September 1, 2009.