1-1  By:  Nixon, Sims                                      S.B. No. 1126
    1-2        (In the Senate - Filed March 9, 1995; March 15, 1995, read
    1-3  first time and referred to Committee on Natural Resources;
    1-4  April 10, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 8, Nays 2; April 10, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1126                   By:  Nixon
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the modification of an existing facility under the
   1-11  Texas Clean Air Act.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Subdivision (9), Section 382.003, Health and
   1-14  Safety Code, is amended to read as follows:
   1-15              (9)  "Modification of existing facility" means any
   1-16  physical change in, or change in the method of operation of, a
   1-17  facility <stationary source> in a manner that increases the amount
   1-18  of any air contaminant <pollutant> emitted by the facility <source>
   1-19  into the atmosphere or that results in the emission of any air
   1-20  contaminant <pollutant> not previously emitted.  The term does not
   1-21  include:
   1-22                    (A)  insignificant increases in the amount of any
   1-23  air contaminant <pollutant> emitted that is authorized by one or
   1-24  more board exemptions;
   1-25                    (B)  insignificant increases at a permitted
   1-26  facility;
   1-27                    (C)  maintenance or replacement of equipment
   1-28  components that do not increase or tend to increase the amount or
   1-29  change the characteristics of the air contaminants emitted into the
   1-30  atmosphere; <or>
   1-31                    (D)  an increase in the annual hours of operation
   1-32  unless the existing facility has received a preconstruction permit
   1-33  or has been exempted, pursuant to Section 382.057, from
   1-34  preconstruction permit requirements;
   1-35                    (E)  a physical change in, or change in the
   1-36  method of operation of, a facility that does not result in a net
   1-37  increase in allowable emissions of any air contaminant and that
   1-38  does not result in the emission of any air contaminant not
   1-39  previously emitted, provided that the facility:
   1-40                          (i)  has received a preconstruction permit
   1-41  or has been exempted pursuant to Section 382.057 from
   1-42  preconstruction permit requirements no earlier than 120 months
   1-43  before the change will occur; or
   1-44                          (ii)  uses, regardless of whether the
   1-45  facility has received a permit, an air pollution control method
   1-46  that is at least as effective as the best available control
   1-47  technology, considering technical practicability and economic
   1-48  reasonableness, that the board required or would have required for
   1-49  a facility of the same class or type as a condition of issuing a
   1-50  permit or permit amendment 120 months before the change will occur;
   1-51                    (F)  a physical change in, or change in the
   1-52  method of operation of, a facility where the change is within the
   1-53  scope of a flexible permit; or
   1-54                    (G)  a change in the method of operation of a
   1-55  natural gas processing, treating, or compression facility connected
   1-56  to or part of a natural gas gathering or transmission pipeline
   1-57  which does not result in an annual emission rate of a pollutant in
   1-58  excess of the volume emitted at the maximum designed capacity,
   1-59  provided that the facility is one for which:
   1-60                          (i)  construction or operation started on
   1-61  or before September 1, 1971, and at which either no modification
   1-62  has occurred after September 1, 1971, or at which modifications
   1-63  have occurred only pursuant to standard exemptions; or
   1-64                          (ii)  construction started after
   1-65  September 1, 1971, and before March 1, 1972, and which registered
   1-66  in accordance with Section 382.060 as that section existed prior to
   1-67  September 1, 1991.
   1-68        SECTION 2.  Section 382.0512, Health and Safety Code, is
    2-1  amended to read as follows:
    2-2        Sec. 382.0512.  MODIFICATION OF EXISTING FACILITY.
    2-3  (a)  Except as provided in Subsection (b), in <In> determining
    2-4  whether a proposed change at an existing facility is a
    2-5  modification, the board may not consider the effect on emissions
    2-6  of:
    2-7              (1)  any air pollution control method applied to a
    2-8  source; or
    2-9              (2)  any decreases in emissions from other sources.
   2-10        (b)  In determining whether a proposed change at an existing
   2-11  facility results in a net increase in allowable emissions under
   2-12  Section 382.003(9)(E), the board shall consider the effect on
   2-13  emissions of:
   2-14              (1)  any air pollution control method applied to the
   2-15  facility;
   2-16              (2)  any decreases in allowable emissions from other
   2-17  facilities that have received a preconstruction permit no earlier
   2-18  than 120 months before the change will occur; and
   2-19              (3)  any decreases in actual emissions from other
   2-20  facilities that meet the criteria of Section 382.003(9)(E)(i) or
   2-21  (ii).
   2-22        (c)  Nothing in this section shall be construed to limit the
   2-23  application of other state or federal requirements, nor shall this
   2-24  limit the board's authority under Subchapter D.
   2-25        SECTION 3.  Section 382.0518, Health and Safety Code, is
   2-26  amended by adding Subsection (h) to read as follows:
   2-27        (h)  A reference to a permit in this section includes an
   2-28  amendment to a permit.
   2-29        SECTION 4.  This Act takes effect September 1, 1995.
   2-30        SECTION 5.  The importance of this legislation and the
   2-31  crowded condition of the calendars in both houses create an
   2-32  emergency and an imperative public necessity that the
   2-33  constitutional rule requiring bills to be read on three several
   2-34  days in each house be suspended, and this rule is hereby suspended.
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