82R8781 JAM-F
By: Shapiro S.B. No. 1475
A BILL TO BE ENTITLED
AN ACT
relating to environmental and public health protections regarding
smelter facilities at which lead-acid battery recycling activities
are conducted.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.133(c), Health and Safety Code, is
amended to read as follows:
(c) The commission may use the money collected and deposited
to the credit of the account under this section, including interest
credited under Subsection (b)(4), only for:
(1) necessary and appropriate removal and remedial
action at sites at which solid waste or hazardous substances have
been disposed if funds from a liable person, independent third
person, or the federal government are not sufficient for the
removal or remedial action;
(2) necessary and appropriate maintenance of removal
and remedial actions for the expected life of those actions if:
(A) funds from a liable person have been
collected and deposited to the credit of the account for that
purpose; or
(B) funds from a liable person, independent third
person, or the federal government are not sufficient for the
maintenance;
(3) expenses concerning compliance with:
(A) the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et
seq.) as amended;
(B) the federal Superfund Amendments and
Reauthorization Act of 1986 (10 U.S.C. Section 2701 et seq.); and
(C) Subchapters F and I;
(4) expenses concerning the regulation and management
of household hazardous substances and the prevention of pollution
of the water resources of the state from the uncontrolled release of
hazardous substances;
(5) expenses concerning the cleanup or removal of a
spill, release, or potential threat of release of a hazardous
substance where immediate action is appropriate to protect human
health and the environment;
(6) expenses concerning implementation of the
voluntary cleanup program under Subchapter S or federal brownfields
initiatives; and
(7) expenses, not to exceed 10 percent of the annually
appropriated amount of the fees on batteries collected under
Section 361.138, related to lead-acid battery recycling
activities, including expenses for programs:
(A) for assessment and remediation of
environmental impacts of the activities; [and]
(B) to create incentives for the adoption of
innovative technology in lead-acid battery recycling to increase
the efficiency and effectiveness of the recycling process or reduce
the negative environmental impacts of the recycling process; and
(C) for studies evaluating the effects of the
activities on the public health.
SECTION 2. Subtitle G, Title 5, Health and Safety Code, is
amended by adding Chapter 428 to read as follows:
CHAPTER 428. RISK REDUCTION AND EMISSIONS CONTROLS
FOR LEAD-ACID BATTERY RECYCLING FACILITIES
Sec. 428.001. DEFINITIONS. In this chapter:
(1) "Air contaminant" has the meaning assigned by
Section 382.003.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Facility" means a smelter at which lead-acid
battery recycling activities are conducted.
(4) "Solid waste" has the meaning assigned by Section
361.003.
Sec. 428.0015. EMISSIONS HEALTH RISK ASSESSMENT. (a)
Using methods prescribed by commission rule, the owner or operator
of a facility shall perform a comprehensive health risk assessment
of the facility's air contaminant emissions that evaluates:
(1) the negative public health effects, other than
effects related to cancer risks, of each air contaminant and
combination of contaminants the facility emits; and
(2) the increased risk of cancer for members of the
public associated with exposure to each known or suspected
carcinogenic chemical or combination of chemicals contained in the
facility's emissions.
(b) Not later than March 1, 2012, the owner or operator of
the facility shall complete the assessment required by Subsection
(a) and present the assessment to the commission and to the
governing body of each municipality within the boundaries or
extraterritorial jurisdiction of which the facility operates.
(c) The assessment performed under this section must be
based on information from air monitoring and an accurate inventory
of the facility's emissions and must address:
(1) the presence of contaminants emitted by the
facility as they may be found in any environmental medium,
including the air, water, and soil; and
(2) all pathways and combinations of pathways by which
an emitted contaminant may affect the health of an individual,
including:
(A) respiration;
(B) dermal exposure; and
(C) ingestion of contaminated soil or ingestion
of contaminants contained in plants grown in contaminated soil or
in animals contaminated by exposure to contaminants or by
contaminated feed.
(d) In developing the methods to be prescribed under
Subsection (a), the commission shall work with any municipality
within the boundaries or extraterritorial jurisdiction of which a
facility operates.
(e) This section expires September 1, 2013.
Sec. 428.0016. SOLID WASTE MANAGEMENT RISK ASSESSMENT. (a)
Using methods prescribed by commission rule, the owner or operator
of a facility shall perform a comprehensive health risk assessment
of the facility's active, inactive, and closed solid waste
management units to assess the scope of actual and potential
contamination of soil, groundwater, and surface water from solid
waste management activities at the units. The assessment must
evaluate:
(1) the negative public health effects presented and
potentially presented, other than effects related to cancer risks,
by contamination of soil, groundwater, and surface water from solid
waste management activities at the solid waste management units;
and
(2) the increased risk of cancer for members of the
public associated with exposure to each known or suspected
carcinogenic chemical or combination of chemicals presented and
potentially presented by contamination of soil, groundwater, and
surface water from solid waste management activities at the solid
waste management units.
(b) Not later than March 1, 2012, the owner or operator of
the facility shall complete the assessment required by Subsection
(a) and present the assessment to the commission and to the
governing body of each municipality within the boundaries or
extraterritorial jurisdiction of which the facility operates.
(c) The assessment performed under this section must
address:
(1) the presence of solid wastes as they may be found
in any environmental medium, including the air, water, and soil;
and
(2) all pathways and combinations of pathways by which
the solid wastes may affect the health of an individual, including:
(A) respiration;
(B) dermal exposure; and
(C) ingestion of contaminated soil or ingestion
of contaminants contained in plants grown in contaminated soil or
in animals contaminated by exposure to contaminants or by
contaminated feed.
(d) In developing the methods to be prescribed under
Subsection (a), the commission shall work with any municipality
within the boundaries or extraterritorial jurisdiction of which a
facility operates.
(e) This section expires September 1, 2013.
Sec. 428.0017. CESSATION OF OPERATIONS. (a) The owner or
operator of a facility shall cease operations of the facility
immediately if an assessment performed under Section 428.0015 or
428.0016 reveals that exposure to the facility's air contaminant
emissions, residues from air contaminant emissions, or
contamination from solid waste results in:
(1) a combined and cumulative lifetime increase in
risks of deleterious, noncancerous health effects that exceeds a
hazard index of one for daily, chronic exposure for individuals
residing three miles or less from the facility; or
(2) a lifetime risk of cancer greater than one in one
million for individuals residing three miles or less from the
facility.
(b) Operations must remain ceased under this section until
corrective action has been taken and the commission has approved,
after hearing, the operation of the facility.
(c) This section expires September 1, 2017.
Sec. 428.002. CONTROLS FOR AIR CONTAMINANT EMISSIONS. (a)
The owner or operator of a facility shall have installed at the
facility emissions controls as prescribed by commission rule.
Emissions controls must include:
(1) electrostatic precipitators;
(2) thermal oxidizers;
(3) enhanced filtration systems; and
(4) negative pressure and enhanced filtration systems
for materials handling and processing areas.
(b) The owner or operator of the facility semiannually shall
demonstrate by means of a performance test that the facility's
installed emissions controls are effective at achieving a 95
percent reduction in the facility's emissions air contaminants in
the form of metals and organic chemicals as particulates and vapors
associated with known or suspected carcinogens. The owner or
operator shall submit the performance test report in a form
prescribed by the commission to the commission and to each
municipality within the boundaries or extraterritorial
jurisdiction of which the facility operates.
(c) The owner or operator of the facility shall take
corrective action as necessary to bring the emissions controls into
compliance with this section not later than the 30th day after the
date a performance test or other information available to the owner
or operator, including information from air monitoring, indicates a
deficiency in the effectiveness of the controls.
Sec. 428.003. AIR MONITORING AND REPORTING. (a) The owner
or operator of a facility at which lead-acid battery recycling
activities are conducted shall:
(1) have installed and continuously operate at the
northern, southern, eastern, and western boundaries of the facility
property air monitors to detect speciated metals and speciated
volatile organic compounds; and
(2) have installed and continuously operate
continuous opacity monitors and continuous emissions monitors for
particulate matter emissions and volatile organic compounds
emissions from the facility's process stacks and vents.
(b) The emissions information generated by the monitors
described by Subsection (a)(2) must be posted in real time to a
publicly accessible Internet website if such a website is provided
by a municipality within the boundaries or extraterritorial
jurisdiction of which the facility operates.
(c) In addition to the monitors required by Subsection
(a)(1), the owner or operator of the facility shall install and
continuously operate air monitors for the same purpose at other
locations as required by commission rule and at locations specified
by a municipality within the boundaries or extraterritorial
jurisdiction of which the facility operates.
Sec. 428.004. SOLID WASTE MANAGEMENT UNITS. The owner or
operator of a facility shall install:
(1) impervious and wear-resistant caps on the
facility's closed or inactive waste management units; and
(2) negative pressure and enhanced filtration systems
in active solid waste management units.
Sec. 428.005. ENFORCEMENT. (a) In addition to any other
enforcement means available to the commission under Chapter 7,
Water Code, to enforce this chapter, the commission shall revoke
any permit the commission has issued to a facility on a finding by
the commission, after notice and opportunity for hearing, that the
owner or operator of the facility has violated this chapter or a
rule adopted or order issued under this chapter two or more times in
a period of 36 months or less.
(b) A municipality within the boundaries or
extraterritorial jurisdiction of which the facility operates may
revoke any permit or other authorization the municipality has
issued to the facility on a finding by the governing body of the
municipality, after notice and opportunity for hearing, that the
owner or operator of the facility has violated this chapter or a
rule adopted or order issued under this chapter two or more times in
a period of 36 months or less.
SECTION 3. The Texas Commission on Environmental Quality
shall adopt rules as necessary to implement Chapter 428, Health and
Safety Code, as added by this Act, as soon as practicable after the
effective date of this Act.
SECTION 4. (a) The owner or operator of a smelter facility
at which lead-acid battery recycling activities are being conducted
on the effective date of this Act shall install all equipment or
devices required by Sections 428.002-428.004, Health and Safety
Code, as added by this Act, not later than September 1, 2012.
(b) The owner or operator of a smelter facility at which
lead-acid battery recycling activities are being conducted on the
effective date of this Act shall conduct the first semiannual
performance test required by Section 428.002, Health and Safety
Code, as added by this Act, not later than December 1, 2012.
SECTION 5. This Act takes effect September 1, 2011.