House of Representatives

HB 2433

chemical facilities; permits; neighborhood impact

Sponsors: Reps. Landrum, Huffman, Brotherton, et al

X	Committee on Environment
	Committee on Commerce and Economic Development
	Caucus and COW
	As Passed the House

HB 2433 adds a new requirement under DEQ by requiring a permit for any facility that stores materials that if discharged or if combined and burned would constitute a reportable release pursuant to CERCLA.

History

The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA or Superfund)

CERCLA creates a framework for federal involvement in response to and cleanup of hazardous substance releases. Section 103 of CERCLA requires the person in charge of a facility to notify the National Response Center (NRC) as soon as the person in charge has knowledge that the release of a hazardous substance is at or above the reportable quantity (RQ) for the substance. The list of CERCLA hazardous substances is in Table 302.4 in 40 CFR 302.4. There are approximately 750 CERCLA hazardous substances.

Provisions

· An applicant shall provide DEQ information about the ownership of a facility, location of the facility, materials stored on site and contact information for fire protection near that facility's location.

· DEQ shall not issue a permit for any facility unless it demonstrates financial assurance in an amount determined by the agency. Financial assurance is based on the following:

1) The nature and amounts of materials stored or otherwise held at the facility.

2) The facility's location in proximity to other facilities required to have these types of permits.

3) The type and quantity of other materials or operations and activities in proximity to the facility that could result in combinations of materials with a significant risk of harm to the public health or the environment.

4) The nature and extent of possible discharges, releases or other unplanned events occurring with the materials, including fires, and the likely cost of emergency response and remediation or other forms of short-term and long-term cleanup.

· The financial assurance mechanism required by DEQ (by rule) may include a cash bond, an insurance policy or other security.

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· 45th Legislature

· First Regular Session 2 February 5, 2001

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