89R8123 ANG-D
	By: Hernandez	H.B. No. 2824

	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.