1 | 1 | | 89R8123 ANG-D |
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2 | 2 | | By: Alvarado S.B. No. 1179 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the regulation of certain facilities that store and |
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10 | 10 | | distribute benzene or another volatile organic compound; creating a |
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11 | 11 | | criminal offense. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 382.017, Health and Safety Code, is |
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14 | 14 | | amended by adding Subsection (g) to read as follows: |
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15 | 15 | | (g) The commission shall review and update any rules adopted |
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16 | 16 | | under this subchapter related to emissions of benzene at least once |
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17 | 17 | | every five years. |
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18 | 18 | | SECTION 2. Chapter 382, Health and Safety Code, is amended |
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19 | 19 | | by adding Subchapter M to read as follows: |
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20 | 20 | | SUBCHAPTER M. REGULATION OF CERTAIN CHEMICAL DISTRIBUTION |
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21 | 21 | | FACILITIES |
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22 | 22 | | Sec. 382.601. DEFINITION. In this subchapter, "chemical |
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23 | 23 | | distribution facility" means a facility that: |
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24 | 24 | | (1) stores and distributes a substance that is |
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25 | 25 | | classified by the United States Environmental Protection Agency as |
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26 | 26 | | a volatile organic compound, including benzene, for the purposes of |
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27 | 27 | | the state implementation plan; and |
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28 | 28 | | (2) is subject to a permit requirement under this |
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29 | 29 | | chapter. |
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30 | 30 | | Sec. 382.602. EMISSION CONTROL DEVICES. The commission by |
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31 | 31 | | rule shall require each chemical distribution facility to be |
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32 | 32 | | equipped with state-of-the-art emission control devices, such as |
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33 | 33 | | thermal oxidizers and carbon absorption systems, designed to |
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34 | 34 | | effectively capture and treat benzene and other types of volatile |
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35 | 35 | | organic compounds. |
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36 | 36 | | Sec. 382.603. CONTINUOUS AIR QUALITY MONITORING STATIONS IN |
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37 | 37 | | CERTAIN COMMUNITIES. (a) The commission by rule shall require an |
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38 | 38 | | owner or operator of a chemical distribution facility to install |
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39 | 39 | | and maintain continuous ambient air quality monitors in the |
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40 | 40 | | communities adjacent to the chemical distribution facility, as |
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41 | 41 | | determined by the commission, to collect data on the ambient |
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42 | 42 | | concentration of benzene and other types of volatile organic |
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43 | 43 | | compounds in those communities. |
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44 | 44 | | (b) The rules must require that the owner or operator of the |
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45 | 45 | | facility provide data from each monitor installed by the owner or |
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46 | 46 | | operator to the commission in real time. The commission shall make |
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47 | 47 | | available in real time on its Internet website data received from |
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48 | 48 | | each monitor. |
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49 | 49 | | Sec. 382.604. INSPECTION AND MAINTENANCE SCHEDULE. The |
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50 | 50 | | commission by rule shall require regular emissions-related |
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51 | 51 | | inspections and maintenance of a chemical distribution facility, |
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52 | 52 | | including: |
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53 | 53 | | (1) quarterly visual inspections; |
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54 | 54 | | (2) annual inspections to ensure the facility is |
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55 | 55 | | operated with no detectable emissions of regulated volatile organic |
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56 | 56 | | compounds; and |
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57 | 57 | | (3) the immediate repair of any issues identified by |
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58 | 58 | | the commission, including unlatched hatches, damaged seals, and |
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59 | 59 | | leaks. |
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60 | 60 | | Sec. 382.605. COMPLIANCE AUDIT. The commission shall |
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61 | 61 | | conduct quarterly audits of each chemical distribution facility to |
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62 | 62 | | determine compliance with this subchapter. |
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63 | 63 | | Sec. 382.606. VIOLATION OF SUBCHAPTER. (a) A violation of |
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64 | 64 | | a provision of or rule adopted under this subchapter is punishable |
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65 | 65 | | as an offense under Section 7.181, Water Code. |
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66 | 66 | | (b) A penalty collected under this section must be deposited |
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67 | 67 | | to the credit of the community environmental remediation fund |
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68 | 68 | | created under Section 382.607. |
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69 | 69 | | Sec. 382.607. COMMUNITY ENVIRONMENTAL REMEDIATION FUND; |
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70 | 70 | | GRANT PROGRAM. (a) The community environmental remediation fund |
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71 | 71 | | is created as a special fund in the state treasury outside the |
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72 | 72 | | general revenue fund. The fund consists of money deposited to the |
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73 | 73 | | credit of the fund under Section 382.606. Money in the fund may be |
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74 | 74 | | appropriated only to the commission for purposes of the grant |
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75 | 75 | | program established under Subsection (b). |
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76 | 76 | | (b) From money appropriated from the community |
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77 | 77 | | environmental remediation fund for that purpose, the commission |
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78 | 78 | | shall establish and administer a grant program to provide financial |
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79 | 79 | | assistance to counties and municipalities for environmental |
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80 | 80 | | remediation projects conducted in communities affected by a |
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81 | 81 | | violation of this subchapter or another provision of this chapter |
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82 | 82 | | that applies to chemical distribution facilities. |
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83 | 83 | | (c) The commission shall adopt rules to implement the |
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84 | 84 | | program established under Subsection (b), including rules |
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85 | 85 | | establishing: |
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86 | 86 | | (1) eligibility criteria for grant applicants and |
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87 | 87 | | community environmental remediation projects; |
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88 | 88 | | (2) grant application procedures; |
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89 | 89 | | (3) criteria for evaluating grant applications and |
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90 | 90 | | awarding grants; |
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91 | 91 | | (4) guidelines related to grant amounts; and |
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92 | 92 | | (5) procedures for monitoring the use of a grant |
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93 | 93 | | awarded under Subsection (b) and ensuring compliance with any |
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94 | 94 | | conditions of the grant. |
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95 | 95 | | SECTION 3. This Act takes effect September 1, 2025. |
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