81R2641 JAM-F
By: Gallegos S.B. No. 456
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of toxic hotspots under the Texas Clean
Air Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 382, Health and Safety Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. TOXIC HOTSPOT PILOT PROGRAM
Sec. 382.451. DEFINITIONS. In this subchapter:
(1) "Ambient air toxic standard" means the maximum
allowable average ambient concentration of a priority toxic air
contaminant as established under Section 382.454 or 382.459.
(2) "Priority toxic air contaminant" means an air
contaminant listed under Section 382.453 or 382.459.
(3) "Toxic hotspot" means a geographic area in which
modeled or monitored ambient air concentrations of one or more
priority toxic air contaminants exceed ambient air toxic standards.
Sec. 382.452. DESIGNATION OF TOXIC HOTSPOTS. (a) The
commission shall designate certain geographic areas in this state
as toxic hotspots.
(b) The commission shall designate an area as a toxic
hotspot if monitoring or modeling data indicate the area likely
exceeds an ambient air toxic standard.
(c) In establishing the geographic boundaries of a toxic
hotspot, the commission shall consider:
(1) the locations where people are exposed to ambient
concentrations likely exceeding ambient air toxic standards;
(2) the locations of dense populations and of
vulnerable populations, such as children and the elderly;
(3) the locations of emission sources of the relevant
priority toxic air contaminant; and
(4) the meteorology, geography, and topography of the
area.
Sec. 382.453. PRIORITY TOXIC AIR CONTAMINANTS. Not later
than December 31, 2009, the commission shall designate toxic
hotspots for the following priority toxic air contaminants:
(1) benzene;
(2) 1,3-butadiene;
(3) hydrogen sulfide; and
(4) nickel.
Sec. 382.454. AMBIENT AIR TOXIC STANDARDS. (a) The
commission shall establish ambient air toxic standards for each
priority toxic air contaminant at a level to ensure that:
(1) for carcinogens, the allowed average
concentration of the contaminant results in an increase in the
lifetime risk of cancer that is no greater than one in 100,000 for a
person most exposed to the contaminant; and
(2) there are no appreciable risks of non-cancer,
deleterious health effects.
(b) In toxic hotspots where the public is exposed to
multiple priority toxic air contaminants, the commission shall
consider cumulative impacts and shall lower the ambient air toxic
standards applicable in such hotspots as necessary to protect
public health.
Sec. 382.455. ACHIEVEMENT OF AMBIENT AIR TOXIC STANDARDS.
The commission shall take actions necessary to ensure that the
ambient air concentrations of priority toxic air contaminants in
toxic hotspots are below the ambient air toxic standards. Such
actions may include requiring the owner or operator of a facility:
(1) to reduce emissions of a priority toxic air
contaminant at an existing source, including requiring an
appropriate amendment to the owner's or operator's permit to reduce
the authorized emissions of the contaminant on permit renewal or at
any other time;
(2) if applying for commission approval to increase
emissions of a priority toxic air contaminant or to emit a new
priority toxic air contaminant, to offset the increased or new
emissions by reducing emissions from an existing source at the
facility in an amount that is greater than the proposed increase in
emissions;
(3) to establish specific controls and best management
practices to reduce the emission of a priority air contaminant; and
(4) to conduct enhanced monitoring for priority air
contaminants.
Sec. 382.456. SCHEDULE FOR ACHIEVING AMBIENT AIR TOXIC
STANDARDS. The commission shall ensure that the ambient air toxic
standards for priority toxic air contaminants are achieved in each
toxic hotspot before December 31, 2012.
Sec. 382.457. PUBLIC ACCESS AND COMMENT. (a) The commission
shall maintain on the commission's Internet website:
(1) a list of priority toxic air contaminants and
their associated ambient air toxic standards; and
(2) a list of all toxic hotspots in this state.
(b) The commission shall establish procedures for members
of the public to receive notice of and an opportunity to comment on
an action taken by the commission concerning:
(1) the designation of toxic hotspots for each
priority toxic air contaminant;
(2) the removal of an area's designation as a toxic
hotspot; and
(3) the establishment or amendment of ambient air
toxic standards for priority toxic air contaminants.
(c) The commission must provide a public comment period of
at least 30 days before the commission establishes or amends an
ambient air toxic standard. When the commission publishes notice of
a proposed amendment to a standard, justification for the amendment
must be included.
(d) The commission's Internet website must describe the
procedures that a member of the public may follow to receive notice,
provide comments, petition for designation of an area as a toxic
hotspot, or otherwise participate in the toxic hotspot pilot
program under this subchapter.
Sec. 382.458. REPORTS TO THE LEGISLATURE. The commission
shall include in its annual enforcement reports each year through
2012 information regarding its progress under the toxic hotspot
pilot program. The report shall include:
(1) a list of the hotspots designated for each
priority toxic air contaminant;
(2) the steps taken to attain the ambient air toxic
standards in each hotspot; and
(3) the progress made in attaining the standards.
Sec. 382.459. EXPANDED TOXIC HOTSPOT PROGRAM. (a) Not
later than December 31, 2012, the commission shall adopt rules
expanding the toxic hotspot pilot program.
(b) Rules under this section must include:
(1) procedures and a public process for listing
priority toxic air contaminants in addition to those listed in
Section 382.453, including:
(A) chromium VI;
(B) ethylene dibromide;
(C) acrylonitrile;
(D) acrolein;
(E) chlorine; and
(F) hexamethylene diisocyanate; and
(2) procedures and a public process for setting
ambient air toxic standards for priority toxic air contaminants at
levels that do not result in appreciable risks of deleterious
health effects.
(c) For each priority toxic air contaminant that is a
carcinogen, the commission shall establish an ambient air toxic
standard that ensures the allowed average concentration of the
contaminant results in an increase in the lifetime cancer risk that
is no greater than one in 100,000 for a person most exposed to the
contaminant.
(d) In toxic hotspots where the public is exposed to
multiple priority toxic air contaminants, the commission shall
consider cumulative impacts and shall lower the ambient air toxic
standards applicable in such hotspots as necessary to protect
public health.
(e) The rules under this section must also include:
(1) procedures and a public participation process for
designating as toxic hotspots areas that exceed one or more of the
ambient air toxic standards; and
(2) procedures and a public process for developing
plans, source-specific requirements, and deadlines for bringing
all toxic hotspots into compliance with applicable ambient air
toxic standards, including plans, requirements, and deadlines
involving:
(A) tightening emissions limits in existing
permits for priority toxic air contaminants;
(B) requiring offsets for new emissions of
priority toxic air contaminants at amounts greater than the amount
of new emissions to be emitted;
(C) requiring specific controls or best
management practices to reduce emissions of priority toxic air
contaminants; and
(D) requiring additional monitoring of priority
toxic air contaminants.
(f) The deadlines developed under Subsection (e)(2) shall
ensure that ambient air toxic standards are met in each hotspot as
soon as possible, and in all cases within three years of designation
as a hotspot.
SECTION 2. This Act takes effect September 1, 2009.