| |
| |
| |
|
|
AN ACT
|
|
|
relating to incentives for and the use of alternative leak |
|
|
detection technologies for air contaminants. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 382, Health and Safety Code, is amended |
|
|
by adding Subchapter I to read as follows: |
|
|
SUBCHAPTER I. PROGRAMS TO ENCOURAGE THE USE OF |
|
|
INNOVATIVE TECHNOLOGIES |
|
|
Sec. 382.401. ALTERNATIVE LEAK DETECTION TECHNOLOGY. (a) |
|
|
In this section, "alternative leak detection technology" means |
|
|
technology, including optical gas imaging technology, designed to |
|
|
detect leaks and emissions of air contaminants. |
|
|
(b) The commission by rule shall establish a program that |
|
|
allows the owner or operator of a facility regulated under this |
|
|
chapter to use voluntarily as a supplemental detection method any |
|
|
leak detection technology that has been incorporated and adopted by |
|
|
the United States Environmental Protection Agency into a program |
|
|
for detecting leaks or emissions of air contaminants. The program |
|
|
must provide regulatory incentives to encourage voluntary use of |
|
|
the alternative leak detection technology at a regulated facility |
|
|
that is capable of detecting leaks or emissions that may not be |
|
|
detected by methods or technology approvable under the commission's |
|
|
regulatory program for leak detection and repair in effect on the |
|
|
date the commission adopts the program. The incentives may |
|
|
include: |
|
|
(1) on-site technical assistance; and |
|
|
(2) to the extent consistent with federal |
|
|
requirements: |
|
|
(A) inclusion of the facility's use of |
|
|
alternative leak detection technology in the owner or operator's |
|
|
compliance history and compliance summaries; |
|
|
(B) consideration of the implementation of |
|
|
alternative leak detection technology in scheduling and conducting |
|
|
compliance inspections; and |
|
|
(C) credits or offsets to the facility's |
|
|
emissions reduction requirements based on the emissions reductions |
|
|
achieved by voluntary use of alternative leak detection technology. |
|
|
(c) The owner or operator of a facility using an alternative |
|
|
leak detection technology shall repair and record an emission or |
|
|
leak of an air contaminant from a component subject to the |
|
|
commission's regulatory program for leak detection and repair that |
|
|
is detected by the alternative technology as provided by the |
|
|
commission's leak detection and repair rules in effect at the time |
|
|
of the detection. A repair to correct an emission or leak detected |
|
|
by the use of alternative leak detection technology may be |
|
|
confirmed using the same technology. |
|
|
(d) As part of the program of incentives adopted under |
|
|
Subsection (b), the commission shall: |
|
|
(1) ensure that the owner or operator of a facility |
|
|
records and repairs, if possible and within a reasonable period, |
|
|
any leak or emission of an air contaminant at the facility that is |
|
|
detected by the voluntary use of alternative leak detection |
|
|
technology from a component not subject to commission rules for |
|
|
leak detection and repair in effect on the date of detection; |
|
|
(2) establish the reasonable period allowed for the |
|
|
repair of a component causing a leak or emission in a way that |
|
|
includes consideration of the size and complexity of the repair |
|
|
required; |
|
|
(3) subject to commission reporting requirements only |
|
|
those components that are not repairable within the reasonable time |
|
|
frame established by the commission; and |
|
|
(4) exempt from commission enforcement a leak or |
|
|
emission that is repaired within the reasonable period established |
|
|
by the commission. |
|
|
(e) To the extent consistent with federal requirements, the |
|
|
commission may not take an enforcement action against an owner or |
|
|
operator of a facility participating in the program established |
|
|
under this section for a leak or an emission of an air contaminant |
|
|
that would otherwise be punishable as a violation of the law or of |
|
|
the terms of the permit under which the facility operates if the |
|
|
leak or emission was detected by using alternative technology and |
|
|
it would not have been detected under the commission's regulatory |
|
|
program for leak detection and repair in effect on the date of the |
|
|
detection. |
|
|
SECTION 2. Section 5.752(2), Water Code, is amended to read |
|
|
as follows: |
|
|
(2) "Innovative program" means: |
|
|
(A) a program developed by the commission under |
|
|
this subchapter, Chapter 26 or 27 of this code, or Chapter 361, 382, |
|
|
or 401, Health and Safety Code, that provides incentives to a person |
|
|
in return for benefits to the environment that exceed benefits that |
|
|
would result from compliance with applicable legal requirements |
|
|
under the commission's jurisdiction; |
|
|
(B) the flexible permit program administered by |
|
|
the commission under Chapter 382, Health and Safety Code; [or] |
|
|
(C) the regulatory flexibility program |
|
|
administered by the commission under Section 5.758; or |
|
|
(D) a program established under Section 382.401, |
|
|
Health and Safety Code, to encourage the use of alternative |
|
|
technology for detecting leaks or emissions of air contaminants. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 1526 was passed by the House on April |
|
|
26, 2007, by the following vote: Yeas 135, Nays 3, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 1526 on May 25, 2007, by the following vote: Yeas 126, Nays 7, |
|
|
3 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 1526 was passed by the Senate, with |
|
|
amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |