Bill Text: TX SB676 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the regulation of toxic hotspots under the Texas Clean Air Act.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-02-23 - Referred to Natural Resources [SB676 Detail]
Download: Texas-2011-SB676-Introduced.html
| 82R2144 JAM-F | ||
| By: Gallegos | S.B. No. 676 | |
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| relating to the regulation of toxic hotspots under the Texas Clean | ||
| Air Act. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 382, Health and Safety Code, is amended | ||
| by adding Subchapter L to read as follows: | ||
| SUBCHAPTER L. TOXIC HOTSPOT PILOT PROGRAM | ||
| Sec. 382.551. DEFINITIONS. In this subchapter: | ||
| (1) "Ambient air toxic standard" means the maximum | ||
| allowable average ambient concentration of a priority toxic air | ||
| contaminant as established under Section 382.554 or 382.559. | ||
| (2) "Priority toxic air contaminant" means an air | ||
| contaminant listed under Section 382.553 or 382.559. | ||
| (3) "Toxic hotspot" means a geographic area in which | ||
| modeled or monitored ambient air concentrations of one or more | ||
| priority toxic air contaminants exceed ambient air toxic standards. | ||
| Sec. 382.552. DESIGNATION OF TOXIC HOTSPOTS. (a) The | ||
| commission shall designate certain geographic areas in this state | ||
| as toxic hotspots. | ||
| (b) The commission shall designate an area as a toxic | ||
| hotspot if monitoring or modeling data indicate the area likely | ||
| exceeds an ambient air toxic standard. | ||
| (c) In establishing the geographic boundaries of a toxic | ||
| hotspot, the commission shall consider: | ||
| (1) the locations where people are exposed to ambient | ||
| concentrations likely exceeding ambient air toxic standards; | ||
| (2) the locations of dense populations and of | ||
| vulnerable populations, such as children and the elderly; | ||
| (3) the locations of emission sources of the relevant | ||
| priority toxic air contaminant; and | ||
| (4) the meteorology, geography, and topography of the | ||
| area. | ||
| Sec. 382.553. PRIORITY TOXIC AIR CONTAMINANTS. Not later | ||
| than December 31, 2011, the commission shall designate toxic | ||
| hotspots for the following priority toxic air contaminants: | ||
| (1) benzene; | ||
| (2) 1,3-butadiene; | ||
| (3) hydrogen sulfide; and | ||
| (4) nickel. | ||
| Sec. 382.554. AMBIENT AIR TOXIC STANDARDS. (a) The | ||
| commission shall establish ambient air toxic standards for each | ||
| priority toxic air contaminant at a level to ensure that: | ||
| (1) for carcinogens, the allowed average | ||
| concentration of the contaminant results in an increase in the | ||
| lifetime risk of cancer that is no greater than one in 100,000 for a | ||
| person most exposed to the contaminant; and | ||
| (2) there are no appreciable risks of non-cancer, | ||
| deleterious health effects. | ||
| (b) In toxic hotspots where the public is exposed to | ||
| multiple priority toxic air contaminants, the commission shall | ||
| consider cumulative impacts and shall lower the ambient air toxic | ||
| standards applicable in such hotspots as necessary to protect | ||
| public health. | ||
| Sec. 382.555. ACHIEVEMENT OF AMBIENT AIR TOXIC STANDARDS. | ||
| The commission shall take actions necessary to ensure that the | ||
| ambient air concentrations of priority toxic air contaminants in | ||
| toxic hotspots are below the ambient air toxic standards. Such | ||
| actions may include requiring the owner or operator of a facility: | ||
| (1) to reduce emissions of a priority toxic air | ||
| contaminant at an existing source, including requiring an | ||
| appropriate amendment to the owner's or operator's permit to reduce | ||
| the authorized emissions of the contaminant at the time of permit | ||
| renewal or at any other time; | ||
| (2) if applying for commission approval to increase | ||
| emissions of a priority toxic air contaminant or to emit a new | ||
| priority toxic air contaminant, to offset the increased or new | ||
| emissions by reducing emissions from an existing source at the | ||
| facility in an amount that is greater than the proposed increase in | ||
| emissions; | ||
| (3) to establish specific controls and best management | ||
| practices to reduce the emission of a priority toxic air | ||
| contaminant; and | ||
| (4) to conduct enhanced monitoring for priority toxic | ||
| air contaminants. | ||
| Sec. 382.556. SCHEDULE FOR ACHIEVING AMBIENT AIR TOXIC | ||
| STANDARDS. The commission shall ensure that the ambient air toxic | ||
| standards for priority toxic air contaminants are achieved in each | ||
| toxic hotspot before December 31, 2014. | ||
| Sec. 382.557. PUBLIC ACCESS AND COMMENT. (a) The | ||
| commission shall maintain on the commission's Internet website: | ||
| (1) a list of priority toxic air contaminants and | ||
| their associated ambient air toxic standards; and | ||
| (2) a list of all toxic hotspots in this state. | ||
| (b) The commission shall establish procedures for members | ||
| of the public to receive notice of and an opportunity to comment on | ||
| an action taken by the commission concerning: | ||
| (1) the designation of toxic hotspots for each | ||
| priority toxic air contaminant; | ||
| (2) the removal of an area's designation as a toxic | ||
| hotspot; and | ||
| (3) the establishment or amendment of ambient air | ||
| toxic standards for priority toxic air contaminants. | ||
| (c) The commission must provide a public comment period of | ||
| at least 30 days before the commission establishes or amends an | ||
| ambient air toxic standard. When the commission publishes notice | ||
| of a proposed amendment to a standard, the commission must include a | ||
| justification for the amendment. | ||
| (d) The commission's Internet website must describe the | ||
| procedures that a member of the public may follow to receive notice, | ||
| provide comments, petition for designation of an area as a toxic | ||
| hotspot, or otherwise participate in the toxic hotspot pilot | ||
| program under this subchapter. | ||
| Sec. 382.558. REPORTS TO LEGISLATURE. The commission shall | ||
| include in its annual enforcement reports each year through 2014 | ||
| information regarding its progress under the toxic hotspot pilot | ||
| program. The report shall include: | ||
| (1) a list of the hotspots designated for each | ||
| priority toxic air contaminant; | ||
| (2) the steps taken to attain the ambient air toxic | ||
| standards in each hotspot; and | ||
| (3) the progress made in attaining the standards. | ||
| Sec. 382.559. EXPANDED TOXIC HOTSPOT PROGRAM. (a) Not | ||
| later than December 31, 2014, the commission shall adopt rules | ||
| expanding the toxic hotspot pilot program. | ||
| (b) Rules under this section must include: | ||
| (1) procedures and a public process for listing | ||
| priority toxic air contaminants in addition to those listed in | ||
| Section 382.553, including: | ||
| (A) chromium VI; | ||
| (B) ethylene dibromide; | ||
| (C) acrylonitrile; | ||
| (D) acrolein; | ||
| (E) chlorine; and | ||
| (F) hexamethylene diisocyanate; and | ||
| (2) procedures and a public process for setting | ||
| ambient air toxic standards for priority toxic air contaminants at | ||
| levels that do not result in appreciable risks of deleterious | ||
| health effects. | ||
| (c) For each priority toxic air contaminant that is a | ||
| carcinogen, the commission shall establish an ambient air toxic | ||
| standard that ensures the allowed average concentration of the | ||
| contaminant results in an increase in the lifetime cancer risk that | ||
| is no greater than one in 100,000 for a person most exposed to the | ||
| contaminant. | ||
| (d) In toxic hotspots where the public is exposed to | ||
| multiple priority toxic air contaminants, the commission shall | ||
| consider cumulative impacts and shall lower the ambient air toxic | ||
| standards applicable in such hotspots as necessary to protect | ||
| public health. | ||
| (e) The rules under this section must also include: | ||
| (1) procedures and a public participation process for | ||
| designating as toxic hotspots areas that exceed one or more of the | ||
| ambient air toxic standards; and | ||
| (2) procedures and a public process for developing | ||
| plans, source-specific requirements, and deadlines for bringing | ||
| all toxic hotspots into compliance with applicable ambient air | ||
| toxic standards, including plans, requirements, and deadlines | ||
| involving: | ||
| (A) tightening emissions limits in existing | ||
| permits for priority toxic air contaminants; | ||
| (B) requiring offsets for new emissions of | ||
| priority toxic air contaminants at amounts greater than the amount | ||
| of new emissions to be emitted; | ||
| (C) requiring specific controls or best | ||
| management practices to reduce emissions of priority toxic air | ||
| contaminants; and | ||
| (D) requiring additional monitoring of priority | ||
| toxic air contaminants. | ||
| (f) The deadlines developed under Subsection (e)(2) shall | ||
| ensure that ambient air toxic standards are met in each hotspot as | ||
| soon as possible, and in all cases within three years of designation | ||
| as a hotspot. | ||
| SECTION 2. This Act takes effect September 1, 2011. | ||
