Bill Text: TX SB1475 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to environmental and public health protections regarding smelter facilities at which lead-acid battery recycling activities are conducted.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-07 - Left pending in committee [SB1475 Detail]
Download: Texas-2011-SB1475-Introduced.html
82R8781 JAM-F | ||
By: Shapiro | S.B. No. 1475 |
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relating to environmental and public health protections regarding | ||
smelter facilities at which lead-acid battery recycling activities | ||
are conducted. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 361.133(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) The commission may use the money collected and deposited | ||
to the credit of the account under this section, including interest | ||
credited under Subsection (b)(4), only for: | ||
(1) necessary and appropriate removal and remedial | ||
action at sites at which solid waste or hazardous substances have | ||
been disposed if funds from a liable person, independent third | ||
person, or the federal government are not sufficient for the | ||
removal or remedial action; | ||
(2) necessary and appropriate maintenance of removal | ||
and remedial actions for the expected life of those actions if: | ||
(A) funds from a liable person have been | ||
collected and deposited to the credit of the account for that | ||
purpose; or | ||
(B) funds from a liable person, independent third | ||
person, or the federal government are not sufficient for the | ||
maintenance; | ||
(3) expenses concerning compliance with: | ||
(A) the Comprehensive Environmental Response, | ||
Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et | ||
seq.) as amended; | ||
(B) the federal Superfund Amendments and | ||
Reauthorization Act of 1986 (10 U.S.C. Section 2701 et seq.); and | ||
(C) Subchapters F and I; | ||
(4) expenses concerning the regulation and management | ||
of household hazardous substances and the prevention of pollution | ||
of the water resources of the state from the uncontrolled release of | ||
hazardous substances; | ||
(5) expenses concerning the cleanup or removal of a | ||
spill, release, or potential threat of release of a hazardous | ||
substance where immediate action is appropriate to protect human | ||
health and the environment; | ||
(6) expenses concerning implementation of the | ||
voluntary cleanup program under Subchapter S or federal brownfields | ||
initiatives; and | ||
(7) expenses, not to exceed 10 percent of the annually | ||
appropriated amount of the fees on batteries collected under | ||
Section 361.138, related to lead-acid battery recycling | ||
activities, including expenses for programs: | ||
(A) for assessment and remediation of | ||
environmental impacts of the activities; [ |
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(B) to create incentives for the adoption of | ||
innovative technology in lead-acid battery recycling to increase | ||
the efficiency and effectiveness of the recycling process or reduce | ||
the negative environmental impacts of the recycling process; and | ||
(C) for studies evaluating the effects of the | ||
activities on the public health. | ||
SECTION 2. Subtitle G, Title 5, Health and Safety Code, is | ||
amended by adding Chapter 428 to read as follows: | ||
CHAPTER 428. RISK REDUCTION AND EMISSIONS CONTROLS | ||
FOR LEAD-ACID BATTERY RECYCLING FACILITIES | ||
Sec. 428.001. DEFINITIONS. In this chapter: | ||
(1) "Air contaminant" has the meaning assigned by | ||
Section 382.003. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Facility" means a smelter at which lead-acid | ||
battery recycling activities are conducted. | ||
(4) "Solid waste" has the meaning assigned by Section | ||
361.003. | ||
Sec. 428.0015. EMISSIONS HEALTH RISK ASSESSMENT. (a) | ||
Using methods prescribed by commission rule, the owner or operator | ||
of a facility shall perform a comprehensive health risk assessment | ||
of the facility's air contaminant emissions that evaluates: | ||
(1) the negative public health effects, other than | ||
effects related to cancer risks, of each air contaminant and | ||
combination of contaminants the facility emits; and | ||
(2) the increased risk of cancer for members of the | ||
public associated with exposure to each known or suspected | ||
carcinogenic chemical or combination of chemicals contained in the | ||
facility's emissions. | ||
(b) Not later than March 1, 2012, the owner or operator of | ||
the facility shall complete the assessment required by Subsection | ||
(a) and present the assessment to the commission and to the | ||
governing body of each municipality within the boundaries or | ||
extraterritorial jurisdiction of which the facility operates. | ||
(c) The assessment performed under this section must be | ||
based on information from air monitoring and an accurate inventory | ||
of the facility's emissions and must address: | ||
(1) the presence of contaminants emitted by the | ||
facility as they may be found in any environmental medium, | ||
including the air, water, and soil; and | ||
(2) all pathways and combinations of pathways by which | ||
an emitted contaminant may affect the health of an individual, | ||
including: | ||
(A) respiration; | ||
(B) dermal exposure; and | ||
(C) ingestion of contaminated soil or ingestion | ||
of contaminants contained in plants grown in contaminated soil or | ||
in animals contaminated by exposure to contaminants or by | ||
contaminated feed. | ||
(d) In developing the methods to be prescribed under | ||
Subsection (a), the commission shall work with any municipality | ||
within the boundaries or extraterritorial jurisdiction of which a | ||
facility operates. | ||
(e) This section expires September 1, 2013. | ||
Sec. 428.0016. SOLID WASTE MANAGEMENT RISK ASSESSMENT. (a) | ||
Using methods prescribed by commission rule, the owner or operator | ||
of a facility shall perform a comprehensive health risk assessment | ||
of the facility's active, inactive, and closed solid waste | ||
management units to assess the scope of actual and potential | ||
contamination of soil, groundwater, and surface water from solid | ||
waste management activities at the units. The assessment must | ||
evaluate: | ||
(1) the negative public health effects presented and | ||
potentially presented, other than effects related to cancer risks, | ||
by contamination of soil, groundwater, and surface water from solid | ||
waste management activities at the solid waste management units; | ||
and | ||
(2) the increased risk of cancer for members of the | ||
public associated with exposure to each known or suspected | ||
carcinogenic chemical or combination of chemicals presented and | ||
potentially presented by contamination of soil, groundwater, and | ||
surface water from solid waste management activities at the solid | ||
waste management units. | ||
(b) Not later than March 1, 2012, the owner or operator of | ||
the facility shall complete the assessment required by Subsection | ||
(a) and present the assessment to the commission and to the | ||
governing body of each municipality within the boundaries or | ||
extraterritorial jurisdiction of which the facility operates. | ||
(c) The assessment performed under this section must | ||
address: | ||
(1) the presence of solid wastes as they may be found | ||
in any environmental medium, including the air, water, and soil; | ||
and | ||
(2) all pathways and combinations of pathways by which | ||
the solid wastes may affect the health of an individual, including: | ||
(A) respiration; | ||
(B) dermal exposure; and | ||
(C) ingestion of contaminated soil or ingestion | ||
of contaminants contained in plants grown in contaminated soil or | ||
in animals contaminated by exposure to contaminants or by | ||
contaminated feed. | ||
(d) In developing the methods to be prescribed under | ||
Subsection (a), the commission shall work with any municipality | ||
within the boundaries or extraterritorial jurisdiction of which a | ||
facility operates. | ||
(e) This section expires September 1, 2013. | ||
Sec. 428.0017. CESSATION OF OPERATIONS. (a) The owner or | ||
operator of a facility shall cease operations of the facility | ||
immediately if an assessment performed under Section 428.0015 or | ||
428.0016 reveals that exposure to the facility's air contaminant | ||
emissions, residues from air contaminant emissions, or | ||
contamination from solid waste results in: | ||
(1) a combined and cumulative lifetime increase in | ||
risks of deleterious, noncancerous health effects that exceeds a | ||
hazard index of one for daily, chronic exposure for individuals | ||
residing three miles or less from the facility; or | ||
(2) a lifetime risk of cancer greater than one in one | ||
million for individuals residing three miles or less from the | ||
facility. | ||
(b) Operations must remain ceased under this section until | ||
corrective action has been taken and the commission has approved, | ||
after hearing, the operation of the facility. | ||
(c) This section expires September 1, 2017. | ||
Sec. 428.002. CONTROLS FOR AIR CONTAMINANT EMISSIONS. (a) | ||
The owner or operator of a facility shall have installed at the | ||
facility emissions controls as prescribed by commission rule. | ||
Emissions controls must include: | ||
(1) electrostatic precipitators; | ||
(2) thermal oxidizers; | ||
(3) enhanced filtration systems; and | ||
(4) negative pressure and enhanced filtration systems | ||
for materials handling and processing areas. | ||
(b) The owner or operator of the facility semiannually shall | ||
demonstrate by means of a performance test that the facility's | ||
installed emissions controls are effective at achieving a 95 | ||
percent reduction in the facility's emissions air contaminants in | ||
the form of metals and organic chemicals as particulates and vapors | ||
associated with known or suspected carcinogens. The owner or | ||
operator shall submit the performance test report in a form | ||
prescribed by the commission to the commission and to each | ||
municipality within the boundaries or extraterritorial | ||
jurisdiction of which the facility operates. | ||
(c) The owner or operator of the facility shall take | ||
corrective action as necessary to bring the emissions controls into | ||
compliance with this section not later than the 30th day after the | ||
date a performance test or other information available to the owner | ||
or operator, including information from air monitoring, indicates a | ||
deficiency in the effectiveness of the controls. | ||
Sec. 428.003. AIR MONITORING AND REPORTING. (a) The owner | ||
or operator of a facility at which lead-acid battery recycling | ||
activities are conducted shall: | ||
(1) have installed and continuously operate at the | ||
northern, southern, eastern, and western boundaries of the facility | ||
property air monitors to detect speciated metals and speciated | ||
volatile organic compounds; and | ||
(2) have installed and continuously operate | ||
continuous opacity monitors and continuous emissions monitors for | ||
particulate matter emissions and volatile organic compounds | ||
emissions from the facility's process stacks and vents. | ||
(b) The emissions information generated by the monitors | ||
described by Subsection (a)(2) must be posted in real time to a | ||
publicly accessible Internet website if such a website is provided | ||
by a municipality within the boundaries or extraterritorial | ||
jurisdiction of which the facility operates. | ||
(c) In addition to the monitors required by Subsection | ||
(a)(1), the owner or operator of the facility shall install and | ||
continuously operate air monitors for the same purpose at other | ||
locations as required by commission rule and at locations specified | ||
by a municipality within the boundaries or extraterritorial | ||
jurisdiction of which the facility operates. | ||
Sec. 428.004. SOLID WASTE MANAGEMENT UNITS. The owner or | ||
operator of a facility shall install: | ||
(1) impervious and wear-resistant caps on the | ||
facility's closed or inactive waste management units; and | ||
(2) negative pressure and enhanced filtration systems | ||
in active solid waste management units. | ||
Sec. 428.005. ENFORCEMENT. (a) In addition to any other | ||
enforcement means available to the commission under Chapter 7, | ||
Water Code, to enforce this chapter, the commission shall revoke | ||
any permit the commission has issued to a facility on a finding by | ||
the commission, after notice and opportunity for hearing, that the | ||
owner or operator of the facility has violated this chapter or a | ||
rule adopted or order issued under this chapter two or more times in | ||
a period of 36 months or less. | ||
(b) A municipality within the boundaries or | ||
extraterritorial jurisdiction of which the facility operates may | ||
revoke any permit or other authorization the municipality has | ||
issued to the facility on a finding by the governing body of the | ||
municipality, after notice and opportunity for hearing, that the | ||
owner or operator of the facility has violated this chapter or a | ||
rule adopted or order issued under this chapter two or more times in | ||
a period of 36 months or less. | ||
SECTION 3. The Texas Commission on Environmental Quality | ||
shall adopt rules as necessary to implement Chapter 428, Health and | ||
Safety Code, as added by this Act, as soon as practicable after the | ||
effective date of this Act. | ||
SECTION 4. (a) The owner or operator of a smelter facility | ||
at which lead-acid battery recycling activities are being conducted | ||
on the effective date of this Act shall install all equipment or | ||
devices required by Sections 428.002-428.004, Health and Safety | ||
Code, as added by this Act, not later than September 1, 2012. | ||
(b) The owner or operator of a smelter facility at which | ||
lead-acid battery recycling activities are being conducted on the | ||
effective date of this Act shall conduct the first semiannual | ||
performance test required by Section 428.002, Health and Safety | ||
Code, as added by this Act, not later than December 1, 2012. | ||
SECTION 5. This Act takes effect September 1, 2011. |