By: Reynolds H.B. No. 74
A BILL TO BE ENTITLED
AN ACT
relating to the analysis of inspection and maintenance requirements
for air quality permits issued by the Texas Commission on
Environmental Quality for certain oil and gas facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 382, Health and Safety
Code, is amended by adding Section 382.051965 to read as follows:
Sec. 382.051965. ANALYSIS OF INSPECTION AND MAINTENANCE
REQUIREMENTS FOR OIL AND GAS FACILITIES. (a) This section applies
only to a rule or requirement:
(1) relating to a permit by rule or a standard permit
for a facility described by Section 382.051961(a); and
(2) that:
(A) is a rule or requirement of the commission in
effect on September 1, 2021; or
(B) is a proposed or approved federal rule or
requirement that may be implemented before March 31, 2022.
(b) The commission shall examine rules and requirements
described by Subsection (a) governing:
(1) inspection and maintenance programs, including
programs that use optical gas imaging, for the detection and repair
of leaks from all valves, pump seals, flanges, compressor seals,
pressure relief valves, open-ended lines, tanks, and other process
and operation components of the facility that could result in
fugitive emissions;
(2) the use of venting and flaring;
(3) emissions of volatile organic compounds from
storage tanks that have the potential to emit more than one ton of
volatile organic compounds per year;
(4) emissions of nitrogen oxides from compressor
engines with more than 100 horsepower;
(5) maintenance requirements and best practices for
compressor stations; and
(6) emissions from and maintenance of pneumatic
devices and controllers between a wellhead and a natural gas
processing plant.
(c) The commission shall prepare a report that:
(1) addresses issues raised concerning the rules or
requirements described by Subsection (b); and
(2) suggests options for improving safety, preventing
air emissions from oil and gas equipment, including methane and
other useful products, and reducing emissions from facilities
described by Subsection (a)(1).
(d) In suggesting options for improvement for the purposes
of Subsection (c)(2), the commission may consider both regulatory
and incentive approaches, including approaches taken in other
leading oil and gas producing states that would lead to
improvements in air quality and public health.
(e) The commission may cooperate with the Railroad
Commission of Texas in developing the report and obtaining public
comment under Subsection (f).
(f) Not later than April 1, 2022, the commission shall issue
and make available for public comment a preliminary report. The
commission may hold meetings to consider public comment. After
considering public comment, if any, but not later than September 1,
2022, the commission shall post on its Internet website the final
report.
(g) Nothing in this section prevents the commission from
adopting rules on the issues contained in the study.
(h) This section expires August 31, 2023.
SECTION 2. This Act takes effect on the 91st day after the
last day of the legislative session.