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Texas Natural Resource Conservation Commission
          Austin                       Texas

From:  Bill Zeis, Attorney, Legal Division
To:  Lawrence Pewitt, P.E., Director, Permits Program
Date:  August 2, 1985
Subject:  Legal Opinion - Amoco Oil Permit 2384A, Fluid
          Catalytic Cracking Unit (FCCU) No. 1

This is in response to your request for a legal opinion on
whether a proposed increase in hourly emissions from Amoco's
FCCU No. 1 is a "modification" under the Texas Clean Air Act
(TCAA) and therefore subject to Regulation VI review.  Amoco
proposes to stay within their annual allowable for sulfur
dioxide emissions.

First, TCAA Section 1.03(a) defines a "modification" as
"any...change in the method of operation of a stationary
source which increases the amount of any air pollutant emitted
by such source into the atmosphere..." (emphasis added).  The
Legal Division interprets this to include any increase in mass
emission rate over any time period for which an emission rate
was specified in either 1) the construction or operation
permit or 2) the representations in the construction or
operating permit applications.

Second, the increase will only be a "modification" if it is
"significant," since Section 1.03(a) specifically excludes
insignificant emissions from the definition of "modification."
If the increase in emission rate is insignificant, a permit
amendment will still be required under Regulation VI, Rule
116.5 now 116.116(a).