Bill Text: TX SB672 | 2011-2012 | 82nd Legislature | Introduced

Texas Senate Bill 672 (Prior Session Legislation)

Introduced

Bill Title: Relating to measuring, monitoring, and reporting emissions.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2011-02-23 - Referred to Natural Resources [SB672 Detail]

Download: Texas-2011-SB672-Introduced.html

	82R2143 JAM-F

	By: Gallegos	S.B. No. 672



	A BILL TO BE ENTITLED
	AN ACT
	relating to measuring, monitoring, and reporting emissions.
	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 Sections 382.0161 and 382.042 to read as
	follows:
	Sec. 382.0161. AIR POLLUTANT WATCH LIST. (a) The
	commission shall establish and maintain an air pollutant watch
	list. The air pollutant watch list must identify:
	(1) each air contaminant that the commission
	determines, on the basis of federal or state ambient air quality
	standards or effects screening levels for the contaminant, should
	be included on the air pollutant watch list; and
	(2) each geographic area of the state for which
	ambient air quality monitoring data indicates that the individual
	or cumulative emissions of one or more air contaminants identified
	by the commission under Subdivision (1) may cause short-term or
	long-term adverse human health effects or odors in that area.
	(b) The commission shall publish notice of and allow public
	comment on:
	(1) an addition of an air contaminant to or removal of
	an air contaminant from the air pollutant watch list; or
	(2) an addition of an area to or removal of an area
	from the air pollutant watch list.
	(c) When considering the addition or removal of an area to
	the air pollutant watch list, the commission shall provide the
	monitoring data related to the area to the state senator and
	representative who represent the area.
	(d) The commission may hold a public meeting in an area
	listed on the air pollutant watch list to provide residents of the
	area with information regarding:
	(1) the reasons for the area's inclusion on the air
	pollutant watch list; and
	(2) commission actions to reduce the emissions of air
	contaminants contributing to the area's inclusion on the air
	pollutant watch list.
	(e) The air pollutant watch list and the addition or removal
	of a pollutant or area to or from the list are not matters subject to
	the requirements of Subchapter B, Chapter 2001, Government Code.
	Sec. 382.042. EFFECTS SCREENING LEVELS. (a) The
	commission shall adopt guidelines for effects screening levels for
	air contaminants as determined by the commission. Each effects
	screening level must:
	(1) be set in a manner that takes into consideration
	acute and chronic health effects on a person resulting from
	exposure to an air contaminant;
	(2) be based in part on the health effects of:
	(A) the short-term exposure of a person to the
	air contaminant from an emission source; and
	(B) the long-term exposure of a person to the air
	contaminant from an emission source; and
	(3) be set at a level that does not increase the risk
	of cancer in a person exposed to the air contaminant by greater than
	one chance in 100,000 or another level set by the commission to
	protect human health and welfare when compared to a person not
	exposed to the contaminant.
	(b) The commission shall use the adopted effects screening
	levels in permit reviews under this chapter of all new and modified
	facilities to establish enforceable limits in the permits.
	(c) Revisions of the effects screening levels are not
	subject to Subchapter B, Chapter 2001, Government Code.
	SECTION 2. Sections 382.0215(e) and (g), Health and Safety
	Code, are amended to read as follows:
	(e) The commission shall develop the capacity for
	electronic reporting and shall incorporate reported emissions
	events into a permanent online centralized database for emissions
	events. The commission shall develop a mechanism whereby the
	reporting entity shall be allowed to review the information
	relative to its reported emissions events prior to such information
	being included in the database. The database shall be easily
	searchable and accessible to the public. The commission shall
	evaluate information in the database to identify persons who
	repeatedly fail to report reportable emissions events. The
	commission shall enforce against such persons pursuant to Section
	382.0216(i). The commission shall describe such enforcement
	actions in the report required in Subsection (g).
	(g) The commission annually, or at the request of a member
	of the legislature, shall assess the information received under
	this section, including actions taken by the commission in response
	to the emissions events, and shall include the assessment in the
	report required by Section 5.126, Water Code.
	SECTION 3. Chapter 505, Health and Safety Code, is amended
	by adding Section 505.017 to read as follows:
	Sec. 505.017. NOTICE ISSUED UNDER EMERGENCIES. (a) When
	immediate notification of a release by a facility to the state
	emergency response commission is required in accordance with EPCRA,
	the state agency responsible for the information submitted to the
	state emergency response commission, on receipt of the required
	notification, shall make a determination as to whether the release
	reported will substantially endanger human health or the
	environment.
	(b) If the responsible state agency determines that a
	release will substantially endanger human health or the
	environment, the agency shall, on request, notify the state senator
	or representative who represents the area in which the facility is
	located of the release within four hours of receipt of the original
	notification.
	SECTION 4. This Act takes effect September 1, 2011.