By Holzheauser H.B. No. 2878
74R7955 JJT-F
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. Section 382.003(9), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (9) "Modification of existing facility" means any
1-8 <physical> change in a facility <, or change in the method of
1-9 operation of, a stationary source in a manner that increases the
1-10 amount of any air pollutant emitted by the source into the
1-11 atmosphere or> that results in a net increase in permitted
1-12 allowable emissions of an air contaminant or that results in the
1-13 emission of any air pollutant not previously emitted. The term
1-14 does not include:
1-15 (A) insignificant increases in the amount of any
1-16 air pollutant emitted that is authorized by one or more board
1-17 exemptions;
1-18 (B) insignificant increases at a permitted
1-19 facility;
1-20 (C) maintenance or replacement of equipment
1-21 components that do not increase or tend to increase the amount or
1-22 change the characteristics of the air contaminants emitted into the
1-23 atmosphere; <or>
1-24 (D) an increase in the annual hours of operation
2-1 unless the existing facility has received a preconstruction permit
2-2 or has been exempted, pursuant to Section 382.057, from
2-3 preconstruction permit requirements;
2-4 (E) a change made within the scope and
2-5 limitations of a flexible permit; or
2-6 (F) an increase in emissions that is incidental
2-7 to the installation or implementation of an emissions control
2-8 device.
2-9 SECTION 2. Section 382.0512, Health and Safety Code, is
2-10 amended to read as follows:
2-11 Sec. 382.0512. MODIFICATION OF EXISTING FACILITY. In
2-12 determining whether a proposed change at an existing facility will
2-13 result in a net increase in permitted allowable emissions of an air
2-14 contaminant, the board shall <is a modification, the board may not>
2-15 consider the effect on emissions of:
2-16 (1) any air pollution control method applied to a
2-17 source at the facility; and <; or>
2-18 (2) any decreases in emissions from other sources at
2-19 the facility.
2-20 SECTION 3. Section 382.0518, Health and Safety Code, is
2-21 amended by adding Subsection (h) to read as follows:
2-22 (h) A reference to a permit in this section includes an
2-23 amendment to a permit.
2-24 SECTION 4. This Act takes effect September 1, 1995.
2-25 SECTION 5. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.