89R8123 ANG-D     By: Alvarado S.B. No. 1179       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of certain facilities that store and   distribute benzene or another volatile organic compound; creating a   criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 382.017, Health and Safety Code, is   amended by adding Subsection (g) to read as follows:          (g)  The commission shall review and update any rules adopted   under this subchapter related to emissions of benzene at least once   every five years.          SECTION 2.  Chapter 382, Health and Safety Code, is amended   by adding Subchapter M to read as follows:   SUBCHAPTER M. REGULATION OF CERTAIN CHEMICAL DISTRIBUTION   FACILITIES          Sec. 382.601.  DEFINITION. In this subchapter, "chemical   distribution facility" means a facility that:                (1)  stores and distributes a substance that is   classified by the United States Environmental Protection Agency as   a volatile organic compound, including benzene, for the purposes of   the state implementation plan; and                (2)  is subject to a permit requirement under this   chapter.          Sec. 382.602.  EMISSION CONTROL DEVICES. The commission by   rule shall require each chemical distribution facility to be   equipped with state-of-the-art emission control devices, such as   thermal oxidizers and carbon absorption systems, designed to   effectively capture and treat benzene and other types of volatile   organic compounds.          Sec. 382.603.  CONTINUOUS AIR QUALITY MONITORING STATIONS IN   CERTAIN COMMUNITIES. (a)  The commission by rule shall require an   owner or operator of a chemical distribution facility to install   and maintain continuous ambient air quality monitors in the   communities adjacent to the chemical distribution facility, as   determined by the commission, to collect data on the ambient   concentration of benzene and other types of volatile organic   compounds in those communities.          (b)  The rules must require that the owner or operator of the   facility provide data from each monitor installed by the owner or   operator to the commission in real time. The commission shall make   available in real time on its Internet website data received from   each monitor.          Sec. 382.604.  INSPECTION AND MAINTENANCE SCHEDULE. The   commission by rule shall require regular emissions-related   inspections and maintenance of a chemical distribution facility,   including:                (1)  quarterly visual inspections;                (2)  annual inspections to ensure the facility is   operated with no detectable emissions of regulated volatile organic   compounds; and                (3)  the immediate repair of any issues identified by   the commission, including unlatched hatches, damaged seals, and   leaks.          Sec. 382.605.  COMPLIANCE AUDIT. The commission shall   conduct quarterly audits of each chemical distribution facility to   determine compliance with this subchapter.          Sec. 382.606.  VIOLATION OF SUBCHAPTER. (a)  A violation of   a provision of or rule adopted under this subchapter is punishable   as an offense under Section 7.181, Water Code.          (b)  A penalty collected under this section must be deposited   to the credit of the community environmental remediation fund   created under Section 382.607.          Sec. 382.607.  COMMUNITY ENVIRONMENTAL REMEDIATION FUND;   GRANT PROGRAM.  (a)  The community environmental remediation fund   is created as a special fund in the state treasury outside the   general revenue fund. The fund consists of money deposited to the   credit of the fund under Section 382.606. Money in the fund may be   appropriated only to the commission for purposes of the grant   program established under Subsection (b).          (b)  From money appropriated from the community   environmental remediation fund for that purpose, the commission   shall establish and administer a grant program to provide financial   assistance to counties and municipalities for environmental   remediation projects conducted in communities affected by a   violation of this subchapter or another provision of this chapter   that applies to chemical distribution facilities.          (c)  The commission shall adopt rules to implement the   program established under Subsection (b), including rules   establishing:                (1)  eligibility criteria for grant applicants and   community environmental remediation projects;                (2)  grant application procedures;                (3)  criteria for evaluating grant applications and   awarding grants;                (4)  guidelines related to grant amounts; and                (5)  procedures for monitoring the use of a grant   awarded under Subsection (b) and ensuring compliance with any   conditions of the grant.          SECTION 3.  This Act takes effect September 1, 2025.