By Holzheauser H.B. No. 2878
Substitute the following for H.B. No. 2878:
By Jackson C.S.H.B. No. 2878
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the definition of "modification of existing facility"
1-3 under the Texas Clean Air Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subdivision (9), Section 382.003, Health and
1-6 Safety Code, is amended to read as follows:
1-7 (9) "Modification of existing facility" means any
1-8 physical change in, or change in the method of operation of, a
1-9 facility <stationary source> in a manner that increases the amount
1-10 of any air contaminant <pollutant> emitted by the facility <source>
1-11 into the atmosphere or that results in the emission of any air
1-12 contaminant <pollutant> not previously emitted. The term does not
1-13 include:
1-14 (A) insignificant increases in the amount of any
1-15 air contaminant <pollutant> emitted that is authorized by one or
1-16 more board exemptions;
1-17 (B) insignificant increases at a permitted
1-18 facility;
1-19 (C) maintenance or replacement of equipment
1-20 components that do not increase or tend to increase the amount or
1-21 change the characteristics of the air contaminants emitted into the
1-22 atmosphere; <or>
1-23 (D) an increase in the annual hours of operation
1-24 unless the existing facility has received a preconstruction permit
2-1 or has been exempted, pursuant to Section 382.057, from
2-2 preconstruction permit requirements;
2-3 (E) a physical change in, or change in the
2-4 method of operation of, a facility that does not result in a net
2-5 increase in allowable emissions of any air contaminant and that
2-6 does not result in the emission of any air contaminant not
2-7 previously emitted, provided that the facility:
2-8 (i) has received a preconstruction permit
2-9 or has been exempted pursuant to Section 382.057 from
2-10 preconstruction permit requirements no earlier than 120 months
2-11 before the change will occur; or
2-12 (ii) uses, regardless of whether the
2-13 facility has received a permit, an air pollution control method
2-14 that is at least as effective as the best available control
2-15 technology, considering technical practicability and economic
2-16 reasonableness, that the board required or would have required for
2-17 a facility of the same class or type as a condition of issuing a
2-18 permit or permit amendment 120 months before the change will occur;
2-19 or
2-20 (F) a physical change in, or change in the
2-21 method of operation of, a facility where the change is within the
2-22 scope of a flexible permit.
2-23 SECTION 2. Section 382.0512, Health and Safety Code, is
2-24 amended to read as follows:
2-25 Sec. 382.0512. MODIFICATION OF EXISTING FACILITY. (a)
2-26 Except as provided in Subsection (b), in <In> determining whether a
2-27 proposed change at an existing facility is a modification, the
3-1 board may not consider the effect on emissions of:
3-2 (1) any air pollution control method applied to a
3-3 source; or
3-4 (2) any decreases in emissions from other sources.
3-5 (b) In determining whether a proposed change at an existing
3-6 facility results in a net increase in allowable emissions under
3-7 Section 382.003(9)(E), the board shall consider the effect on
3-8 emissions of:
3-9 (1) any air pollution control method applied to the
3-10 facility;
3-11 (2) any decreases in allowable emissions from other
3-12 facilities that have received a preconstruction permit no earlier
3-13 than 120 months before the change will occur; and
3-14 (3) any decreases in actual emissions from other
3-15 facilities that meet the criteria of Section 382.003(9)(E)(ii).
3-16 (c) Nothing in this section shall be construed to limit the
3-17 application of other state or federal requirements, nor shall this
3-18 limit the board's authority under Subchapter D.
3-19 SECTION 3. Section 382.0518, Health and Safety Code, is
3-20 amended by adding Subsection (h) to read as follows:
3-21 (h) A reference to a permit in this section includes an
3-22 amendment to a permit.
3-23 SECTION 4. This Act takes effect September 1, 1995.
3-24 SECTION 5. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.