Hernandez Benzene Bill Creates A New Cleanup Fund Fed By Penalties

The text as introduced · 665 words

89R8123 ANG-D

By: Hernandez
H.B. No. 2824

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.