Amend HB 2912 on third reading as follows:
      (1)  In proposed Section 382.0215(a), Health and Safety Code,
strike "In this section," and substitute "In this chapter,".
      (4)  In proposed Section 382.0216(a), Health and Safety Code,
strike "(a) The" and substitute "Except as provided by Subsection
(d), the".
      (5)  In proposed Section 382.0216(a), Health and Safety Code,
strike "owner or operator of a facility required to take action
under this subsection" and substitute "owner or operator of a
facility that has a reportable emissions event".
      (6)  In proposed Section 382.0216(a), Health and Safety Code,
strike "If in a particular case a corrective action plan is
impracticable, the commission shall require the owner or operator
of the facility to apply for a permit or permit modification.".
      (7)  In proposed Section 382.0216(b), Health and Safety Code,
strike "available to the public" and substitute "available to the
public except to the extent information in the plan is confidential
information protected under Chapter 552, Government Code".
      (8)  In proposed Section 382.0216(d), Health and Safety Code,
strike "an affirmative defense to a commission enforcement action
if the emissions event meets criteria defined by commission rule"
and substitute "criteria under which the owner or operator of a
facility having an emissions event is not required to submit under
Subsection (a) a corrective action plan".
      (9)  In proposed Section 382.0216(d), Health and Safety Code,
strike the last sentence of that subsection, including Subdivisions
(1) and (2), and substitute:
The rules may not exclude from the requirement to submit a
corrective action plan emissions that result from routine startup
and shutdown, routine maintenance procedures, or upsets resulting
from the lack of preventive maintenance or from operator error, or
emissions that are a part of a recurring pattern of emissions
events indicative of inadequate design, operation, or maintenance.
      (10)  In proposed Section 382.0216(e), Health and Safety
Code, strike "(e) The burden of proof in any claim of a defense to
commission enforcement action under this section is on the person
claiming the defense." and substitute "(e) An owner or operator of
a facility that has an emissions event is presumed to be required
to submit a corrective action plan as provided by Subsection (a)
unless the owner or operator demonstrates to the commission that,
in accordance with rules adopted under Subsection (d), the plan is
not required.".
      (11)  In proposed Section 382.0216(e), Health and Safety
Code, strike "Subsection (d)" and substitute "Chapter 7, Water
Code,".
      (12)  Following proposed Section 382.0216(f), Health and
Safety Code, add:
      (g)  The commission may require the owner or operator of a
facility that has emissions events that are sufficiently
quantifiable, frequent, and predictable, to obtain a permit, permit
amendment, or other authorization that includes those emissions.