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.