Bill Text: TX HB820 | 2011-2012 | 82nd Legislature | Introduced

Texas House Bill 820 (Prior Session Legislation)

Introduced

Bill Title: Relating to monitoring air contaminants under the Texas Clean Air Act.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2011-03-16 - Left pending in committee [HB820 Detail]

Download: Texas-2011-HB820-Introduced.html

	82R4592 KJM-D

	By: Farrar	H.B. No. 820



	A BILL TO BE ENTITLED
	AN ACT
	relating to monitoring air contaminants under the Texas Clean Air
	Act.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter B, Chapter 382, Health and Safety
	Code, is amended by adding Section 382.0161 to read as follows:
	Sec. 382.0161. MONITORING REQUIREMENTS FOR MAJOR SOURCES.
	(a) In this section, "major source" has the meaning assigned by
	Title V of the federal Clean Air Act (42 U.S.C. Section 7661).
	(b) In addition to other monitoring requirements under this
	chapter, the commission by rule shall require the owner or operator
	of a major source to:
	(1) provide for daily fence-line monitoring of air
	contaminant emissions from the major source; and
	(2) make and maintain records on the measurement and
	monitoring of the emissions.
	(c) In providing for the daily fence-line monitoring of air
	contaminant emissions as required by this section, the owner or
	operator of the major source must:
	(1) provide for at least two monitors with each of the
	monitors placed on opposite sides of the source, one of which is
	located predominantly upwind and the other located predominantly
	downwind;
	(2) provide for a sufficient number of monitors so
	that the maximum distance measured along the fence line between
	each monitor is one-eighth of a mile; and
	(3) place the monitors in such a way that the monitors
	are evenly spaced and are located where air contaminants have the
	highest concentration levels at the fence line of the emission
	source.
	(d) The owner or operator of a major source shall designate
	an independent consultant approved by the commission to certify to
	the commission that the major source is in compliance with this
	section. A member, employee, or agent of the commission may examine
	during regular business hours the monitoring equipment or any
	records or memoranda relating to the monitoring equipment required
	under this section.
	(e) The commission by rule shall require the owner or
	operator of a major source to submit for the executive director's
	approval a list of the air contaminant emissions that the owner or
	operator will monitor under this section. To be eligible for
	approval, the list must include:
	(1) each hazardous air pollutant listed under Section
	112 of the federal Clean Air Act (42 U.S.C. Section 7412) that is
	applicable to the major source; and
	(2) any other air contaminant the emission of which
	the executive director or a local municipal or county air pollution
	control agency requests that the owner or operator monitor.
	(f) The commission may adopt rules allowing the owner or
	operator of a major source to request an exemption from the
	fence-line monitoring requirements of this section. To be eligible
	for an exemption, the owner or operator must submit to the executive
	director for approval an alternative monitoring plan that
	demonstrates continuous or semi-continuous monitoring of each
	stack, vent, flare, cooling tower, or other device for which
	technologically feasible monitoring devices are available. The
	owner or operator shall review the plan at least once every five
	years to identify additional monitoring opportunities based on new
	technology and submit proposed changes to the executive director
	for approval.
	SECTION 2. Not later than September 1, 2012, the owner or
	operator of a major source must provide for the fence-line
	monitoring of air contaminant emissions as required by Section
	382.0161, Health and Safety Code, as added by this Act.
	SECTION 3. This Act takes effect September 1, 2011.