TITLE: Relating to regulation of certain emissions from ethylene oxide sterilization facilities.

SUMMARY: Relating to regulation of certain emissions from ethylene oxide sterilization facilities.

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