Bill Text: TX SB2385 | 2023-2024 | 88th Legislature | Introduced

Texas Senate Bill 2385

Introduced

Bill Title: Relating to regulation of certain emissions from ethylene oxide sterilization facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-23 - Referred to Natural Resources & Economic Development [SB2385 Detail]

Download: Texas-2023-SB2385-Introduced.html

	88R6639 ANG-D

	By: Zaffirini	S.B. No. 2385



	A BILL TO BE ENTITLED
	AN ACT
	relating to regulation of certain emissions from ethylene oxide
	sterilization facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 382.0201(b), Health and Safety Code, is
	amended to read as follows:
	(b) Except as provided by Section 382.0202 and as
	specifically required to comply with federal law or regulation, the
	commission may not adopt a rule that lessens the efficacy of a
	hospital or medical disinfectant in killing or inactivating agents
	of an infectious disease, including a rule restricting volatile
	organic compound content of or emissions from the disinfectant.
	SECTION 2. Subchapter B, Chapter 382, Health and Safety
	Code, is amended by adding Section 382.0202 to read as follows:
	Sec. 382.0202. REGULATION OF EMISSIONS FROM ETHYLENE OXIDE
	STERILIZATION FACILITIES. (a) The commission by rule shall
	prohibit ethylene oxide sterilization facilities from operating in
	this state unless:
	(1) the facility captures all fugitive ethylene oxide
	emissions within the facility; and
	(2) the facility reduces ethylene oxide emissions to
	the atmosphere from each exhaust point by at least 99.9 percent or
	to 0.2 parts per million.
	(b) The commission shall install monitors to detect
	ethylene oxide emissions from each ethylene oxide sterilization
	facility located less than two miles from a school, hospital,
	nursing home, or residence.
	(c) The commission shall require the owner or operator of an
	ethylene oxide sterilization facility to conduct an emissions test
	to confirm the facility's compliance with commission ethylene oxide
	emissions rules. The test must be conducted not later than February
	28 of each year.
	(d) If the facility fails an emissions test conducted under
	Subsection (c), the facility's owner or operator shall:
	(1) immediately cease facility operations;
	(2) notify the commission of the test results not
	later than 24 hours after receiving the test results; and
	(3) take the following actions not later than the 60th
	day after the date the facility receives the test results:
	(A) conduct an analysis to determine the cause of
	the detected emissions; and
	(B) correct the cause of the detected emissions.
	(e) The facility's owner or operator must obtain commission
	approval before resuming facility operations.
	SECTION 3. As soon as practicable after the effective date
	of this Act, the Texas Commission on Environmental Quality shall
	adopt rules necessary to implement Section 382.0202, Health and
	Safety Code, as added by this Act.
	SECTION 4. This Act takes effect September 1, 2023.