81R4394 KJM-D
By: Deshotel H.B. No. 3374
A BILL TO BE ENTITLED
AN ACT
relating to permits for air contaminant emissions of stationary
natural gas engines.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 382, Health and Safety
Code, is amended by adding Section 382.051865 to read as follows:
Sec. 382.051865. STATIONARY NATURAL GAS ENGINES. (a) In
this section, "natural gas engine" includes a natural gas internal
combustion engine, natural gas stationary internal combustion
reciprocating engine, and natural gas turbine. The term does not
include a natural gas engine that powers a motor vehicle.
(b) The commission shall issue a standard permit or permit
by rule for stationary natural gas engines that establishes
emission limits for air contaminants released by the engines.
(c) The commission in adopting a standard permit or permit
by rule under this section may consider:
(1) the geographic location in which a stationary
natural gas engine may be used, including the proximity to an area
designated as a nonattainment area;
(2) the total annual operating hours of a stationary
natural gas engine;
(3) the technology used by a stationary natural gas
engine;
(4) the types of fuel used to power a stationary
natural gas engine; and
(5) other emission control policies of the state.
(d) The commission in adopting a standard permit or permit
by rule under this section may not distinguish between the end-use
functions powered by a stationary natural gas engine.
(e) The commission must provide for the emission limits for
stationary natural gas engines to be measured in terms of air
contaminant emissions per unit of total energy output. For a device
that makes productive use of an engine's waste heat as thermal
energy for a secondary function, the commission shall consider both
the primary and secondary functions when determining the engine's
emissions per unit of energy output.
SECTION 2. Not later than September 1, 2010, the Texas
Commission on Environmental Quality shall adopt any rules required
to implement Section 382.051865, Health and Safety Code, as added
by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
COMMITTEE AMENDMENT NO. 1
Amend H.B. No. 3374 (introduced version) as follows:
(1) On page 1, line 7, between "ENGINES" and the period,
insert "USED IN A COMBINED HEAT AND POWER PROJECT".
(2) On page 1, between lines 11 and 12, insert the
following:
(b) This section applies only to a natural gas engine used
in a combined heat and power project.
(3) On page 1, line 12, strike "(b)" and substitute "(c)".
(4) On page 1, line 13, between "engines" and "that", insert
"used in a combined heat and power project".
(5) On page 1, line 15, strike "(c)" and substitute "(d)".
(6) On page 2, line 3, strike "(d)" and substitute "(e)".
(7) On page 2, line 6, strike "(e)" and substitute "(f)".
(8) On page 2, line 7, between "engines" and "to", insert
"subject to this section".
(9) On page 2, lines 8 through 10, strike "For a device that
makes productive use of an engine's waste heat as thermal energy for
a secondary function, the" and substitute "The".
Legler