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