88R6639 ANG-D
By: Zaffirini S.B. No. 2385
A BILL TO BE ENTITLED
AN ACT
relating to regulation of certain emissions from ethylene oxide
sterilization facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.0201(b), Health and Safety Code, is
amended to read as follows:
(b) Except as provided by Section 382.0202 and as
specifically required to comply with federal law or regulation, the
commission may not adopt a rule that lessens the efficacy of a
hospital or medical disinfectant in killing or inactivating agents
of an infectious disease, including a rule restricting volatile
organic compound content of or emissions from the disinfectant.
SECTION 2. Subchapter B, Chapter 382, Health and Safety
Code, is amended by adding Section 382.0202 to read as follows:
Sec. 382.0202. REGULATION OF EMISSIONS FROM ETHYLENE OXIDE
STERILIZATION FACILITIES. (a) The commission by rule shall
prohibit ethylene oxide sterilization facilities from operating in
this state unless:
(1) the facility captures all fugitive ethylene oxide
emissions within the facility; and
(2) the facility reduces ethylene oxide emissions to
the atmosphere from each exhaust point by at least 99.9 percent or
to 0.2 parts per million.
(b) The commission shall install monitors to detect
ethylene oxide emissions from each ethylene oxide sterilization
facility located less than two miles from a school, hospital,
nursing home, or residence.
(c) The commission shall require the owner or operator of an
ethylene oxide sterilization facility to conduct an emissions test
to confirm the facility's compliance with commission ethylene oxide
emissions rules. The test must be conducted not later than February
28 of each year.
(d) If the facility fails an emissions test conducted under
Subsection (c), the facility's owner or operator shall:
(1) immediately cease facility operations;
(2) notify the commission of the test results not
later than 24 hours after receiving the test results; and
(3) take the following actions not later than the 60th
day after the date the facility receives the test results:
(A) conduct an analysis to determine the cause of
the detected emissions; and
(B) correct the cause of the detected emissions.
(e) The facility's owner or operator must obtain commission
approval before resuming facility operations.
SECTION 3. As soon as practicable after the effective date
of this Act, the Texas Commission on Environmental Quality shall
adopt rules necessary to implement Section 382.0202, Health and
Safety Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2023.