89R8123 ANG-D
By: Alvarado S.B. No. 1179
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain facilities that store and
distribute benzene or another volatile organic compound; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.017, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) The commission shall review and update any rules adopted
under this subchapter related to emissions of benzene at least once
every five years.
SECTION 2. Chapter 382, Health and Safety Code, is amended
by adding Subchapter M to read as follows:
SUBCHAPTER M. REGULATION OF CERTAIN CHEMICAL DISTRIBUTION
FACILITIES
Sec. 382.601. DEFINITION. In this subchapter, "chemical
distribution facility" means a facility that:
(1) stores and distributes a substance that is
classified by the United States Environmental Protection Agency as
a volatile organic compound, including benzene, for the purposes of
the state implementation plan; and
(2) is subject to a permit requirement under this
chapter.
Sec. 382.602. EMISSION CONTROL DEVICES. The commission by
rule shall require each chemical distribution facility to be
equipped with state-of-the-art emission control devices, such as
thermal oxidizers and carbon absorption systems, designed to
effectively capture and treat benzene and other types of volatile
organic compounds.
Sec. 382.603. CONTINUOUS AIR QUALITY MONITORING STATIONS IN
CERTAIN COMMUNITIES. (a) The commission by rule shall require an
owner or operator of a chemical distribution facility to install
and maintain continuous ambient air quality monitors in the
communities adjacent to the chemical distribution facility, as
determined by the commission, to collect data on the ambient
concentration of benzene and other types of volatile organic
compounds in those communities.
(b) The rules must require that the owner or operator of the
facility provide data from each monitor installed by the owner or
operator to the commission in real time. The commission shall make
available in real time on its Internet website data received from
each monitor.
Sec. 382.604. INSPECTION AND MAINTENANCE SCHEDULE. The
commission by rule shall require regular emissions-related
inspections and maintenance of a chemical distribution facility,
including:
(1) quarterly visual inspections;
(2) annual inspections to ensure the facility is
operated with no detectable emissions of regulated volatile organic
compounds; and
(3) the immediate repair of any issues identified by
the commission, including unlatched hatches, damaged seals, and
leaks.
Sec. 382.605. COMPLIANCE AUDIT. The commission shall
conduct quarterly audits of each chemical distribution facility to
determine compliance with this subchapter.
Sec. 382.606. VIOLATION OF SUBCHAPTER. (a) A violation of
a provision of or rule adopted under this subchapter is punishable
as an offense under Section 7.181, Water Code.
(b) A penalty collected under this section must be deposited
to the credit of the community environmental remediation fund
created under Section 382.607.
Sec. 382.607. COMMUNITY ENVIRONMENTAL REMEDIATION FUND;
GRANT PROGRAM. (a) The community environmental remediation fund
is created as a special fund in the state treasury outside the
general revenue fund. The fund consists of money deposited to the
credit of the fund under Section 382.606. Money in the fund may be
appropriated only to the commission for purposes of the grant
program established under Subsection (b).
(b) From money appropriated from the community
environmental remediation fund for that purpose, the commission
shall establish and administer a grant program to provide financial
assistance to counties and municipalities for environmental
remediation projects conducted in communities affected by a
violation of this subchapter or another provision of this chapter
that applies to chemical distribution facilities.
(c) The commission shall adopt rules to implement the
program established under Subsection (b), including rules
establishing:
(1) eligibility criteria for grant applicants and
community environmental remediation projects;
(2) grant application procedures;
(3) criteria for evaluating grant applications and
awarding grants;
(4) guidelines related to grant amounts; and
(5) procedures for monitoring the use of a grant
awarded under Subsection (b) and ensuring compliance with any
conditions of the grant.
SECTION 3. This Act takes effect September 1, 2025.