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.