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.
2-35 * * * * *