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

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

Spectrum: Partisan Bill (Democrat 2-0)

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

Download: Texas-2011-HB820-Introduced.html

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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.