| 1 | 1 | | 88R6639 ANG-D |
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| 2 | 2 | | By: Zaffirini S.B. No. 2385 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to regulation of certain emissions from ethylene oxide |
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| 8 | 8 | | sterilization facilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 382.0201(b), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) Except as provided by Section 382.0202 and as |
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| 13 | 13 | | specifically required to comply with federal law or regulation, the |
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| 14 | 14 | | commission may not adopt a rule that lessens the efficacy of a |
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| 15 | 15 | | hospital or medical disinfectant in killing or inactivating agents |
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| 16 | 16 | | of an infectious disease, including a rule restricting volatile |
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| 17 | 17 | | organic compound content of or emissions from the disinfectant. |
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| 18 | 18 | | SECTION 2. Subchapter B, Chapter 382, Health and Safety |
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| 19 | 19 | | Code, is amended by adding Section 382.0202 to read as follows: |
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| 20 | 20 | | Sec. 382.0202. REGULATION OF EMISSIONS FROM ETHYLENE OXIDE |
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| 21 | 21 | | STERILIZATION FACILITIES. (a) The commission by rule shall |
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| 22 | 22 | | prohibit ethylene oxide sterilization facilities from operating in |
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| 23 | 23 | | this state unless: |
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| 24 | 24 | | (1) the facility captures all fugitive ethylene oxide |
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| 25 | 25 | | emissions within the facility; and |
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| 26 | 26 | | (2) the facility reduces ethylene oxide emissions to |
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| 27 | 27 | | the atmosphere from each exhaust point by at least 99.9 percent or |
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| 28 | 28 | | to 0.2 parts per million. |
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| 29 | 29 | | (b) The commission shall install monitors to detect |
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| 30 | 30 | | ethylene oxide emissions from each ethylene oxide sterilization |
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| 31 | 31 | | facility located less than two miles from a school, hospital, |
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| 32 | 32 | | nursing home, or residence. |
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| 33 | 33 | | (c) The commission shall require the owner or operator of an |
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| 34 | 34 | | ethylene oxide sterilization facility to conduct an emissions test |
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| 35 | 35 | | to confirm the facility's compliance with commission ethylene oxide |
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| 36 | 36 | | emissions rules. The test must be conducted not later than February |
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| 37 | 37 | | 28 of each year. |
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| 38 | 38 | | (d) If the facility fails an emissions test conducted under |
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| 39 | 39 | | Subsection (c), the facility's owner or operator shall: |
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| 40 | 40 | | (1) immediately cease facility operations; |
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| 41 | 41 | | (2) notify the commission of the test results not |
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| 42 | 42 | | later than 24 hours after receiving the test results; and |
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| 43 | 43 | | (3) take the following actions not later than the 60th |
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| 44 | 44 | | day after the date the facility receives the test results: |
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| 45 | 45 | | (A) conduct an analysis to determine the cause of |
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| 46 | 46 | | the detected emissions; and |
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| 47 | 47 | | (B) correct the cause of the detected emissions. |
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| 48 | 48 | | (e) The facility's owner or operator must obtain commission |
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| 49 | 49 | | approval before resuming facility operations. |
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| 50 | 50 | | SECTION 3. As soon as practicable after the effective date |
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| 51 | 51 | | of this Act, the Texas Commission on Environmental Quality shall |
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| 52 | 52 | | adopt rules necessary to implement Section 382.0202, Health and |
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| 53 | 53 | | Safety Code, as added by this Act. |
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| 54 | 54 | | SECTION 4. This Act takes effect September 1, 2023. |
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