By: Nixon, Sims S.B. No. 1126
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the modification of an existing facility under the
1-2 Texas Clean Air Act.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivision (9), Section 382.003, Health and
1-5 Safety Code, is amended to read as follows:
1-6 (9) "Modification of existing facility" means any
1-7 physical change in, or change in the method of operation of, a
1-8 facility <stationary source> in a manner that increases the amount
1-9 of any air contaminant <pollutant> emitted by the facility <source>
1-10 into the atmosphere or that results in the emission of any air
1-11 contaminant <pollutant> not previously emitted. The term does not
1-12 include:
1-13 (A) insignificant increases in the amount of any
1-14 air contaminant <pollutant> emitted that is authorized by one or
1-15 more board exemptions;
1-16 (B) insignificant increases at a permitted
1-17 facility;
1-18 (C) maintenance or replacement of equipment
1-19 components that do not increase or tend to increase the amount or
1-20 change the characteristics of the air contaminants emitted into the
1-21 atmosphere; <or>
1-22 (D) an increase in the annual hours of operation
1-23 unless the existing facility has received a preconstruction permit
1-24 or has been exempted, pursuant to Section 382.057, from
2-1 preconstruction permit requirements;
2-2 (E) a physical change in, or change in the
2-3 method of operation of, a facility that does not result in a net
2-4 increase in allowable emissions of any air contaminant and that
2-5 does not result in the emission of any air contaminant not
2-6 previously emitted, provided that the facility:
2-7 (i) has received a preconstruction permit
2-8 or has been exempted pursuant to Section 382.057 from
2-9 preconstruction permit requirements no earlier than 120 months
2-10 before the change will occur; or
2-11 (ii) uses, regardless of whether the
2-12 facility has received a permit, an air pollution control method
2-13 that is at least as effective as the best available control
2-14 technology, considering technical practicability and economic
2-15 reasonableness, that the board required or would have required for
2-16 a facility of the same class or type as a condition of issuing a
2-17 permit or permit amendment 120 months before the change will occur;
2-18 (F) a physical change in, or change in the
2-19 method of operation of, a facility where the change is within the
2-20 scope of a flexible permit; or
2-21 (G) a change in the method of operation of a
2-22 natural gas processing, treating, or compression facility connected
2-23 to or part of a natural gas gathering or transmission pipeline
2-24 which does not result in an annual emission rate of a pollutant in
2-25 excess of the volume emitted at the maximum designed capacity,
2-26 provided that the facility is one for which:
2-27 (i) construction or operation started on
3-1 or before September 1, 1971, and at which either no modification
3-2 has occurred after September 1, 1971, or at which modifications
3-3 have occurred only pursuant to standard exemptions; or
3-4 (ii) construction started after
3-5 September 1, 1971, and before March 1, 1972, and which registered
3-6 in accordance with Section 382.060 as that section existed prior to
3-7 September 1, 1991.
3-8 SECTION 2. Section 382.0512, Health and Safety Code, is
3-9 amended to read as follows:
3-10 Sec. 382.0512. MODIFICATION OF EXISTING FACILITY.
3-11 (a) Except as provided in Subsection (b), in <In> determining
3-12 whether a proposed change at an existing facility is a
3-13 modification, the board may not consider the effect on emissions
3-14 of:
3-15 (1) any air pollution control method applied to a
3-16 source; or
3-17 (2) any decreases in emissions from other sources.
3-18 (b) In determining whether a proposed change at an existing
3-19 facility results in a net increase in allowable emissions under
3-20 Section 382.003(9)(E), the board shall consider the effect on
3-21 emissions of:
3-22 (1) any air pollution control method applied to the
3-23 facility;
3-24 (2) any decreases in allowable emissions from other
3-25 facilities that have received a preconstruction permit no earlier
3-26 than 120 months before the change will occur; and
3-27 (3) any decreases in actual emissions from other
4-1 facilities that meet the criteria of Section 382.003(9)(E)(i) or
4-2 (ii).
4-3 (c) Nothing in this section shall be construed to limit the
4-4 application of other state or federal requirements, nor shall this
4-5 limit the board's authority under Subchapter D.
4-6 SECTION 3. Section 382.0518, Health and Safety Code, is
4-7 amended by adding Subsection (h) to read as follows:
4-8 (h) A reference to a permit in this section includes an
4-9 amendment to a permit.
4-10 SECTION 4. This Act takes effect September 1, 1995.
4-11 SECTION 5. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended.