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RULE §101.2Multiple Air Contaminant Sources or Properties

(a) In an area where an additive effect occurs from the accumulation of air contaminants from two or more sources on a single property or from two or more properties, such that the level of air contaminants exceeds the ambient air quality standards established by the commission, and each source or each property is emitting no more than the allowed limit for an air contaminant for a single source or from a single property, further reduction of emissions from each source or property shall be made as determined by the commission.

(b) Two or more property owners, or operators acting on behalf of a property owner, may petition the commission to have their properties designated a single property for purposes of demonstrating compliance with commission regulations and the control of air emissions.

  (1) The use of this section is intended for:

    (A) a property under the control of a single entity that has been or will be divided and placed under the control of separate entities, creating a new property line configuration; or

    (B) properties operated or intended to be operated as an integrated plant or plants where individual facilities are owned by separate entities, but all facilities are under the control of a single entity.

  (2) The petition shall be subject to the following criteria.

    (A) The properties must be contiguous except for intervening roads, railroads, and/or rights-of-way, which are a part of the property. Emission points separated by a public right-of-way cannot be combined into a single property designation.

    (B) All owners of real property, including but not limited to, fee interest owners and leaseholders, within the single property designation boundary must consent to the agreement. Owners of mineral interests only are not required to consent to the agreement.

    (C) The petition shall include the following information:

      (i) a general description of the manner in which the control of emissions and demonstration of compliance with commission regulations will be administered and controlled;

      (ii) designation of the party or parties who accept responsibility for off-property impacts;

      (iii) the existing account number(s) for each petitioner; and

      (iv) a description of how the petitioners meet the requirements of this rule.

    (D) The petition shall be accompanied by:

      (i) a copy of a sworn written agreement between the property owners who consent to having their properties so designated which must detail the mechanisms of control exercised on both properties;

      (ii) a United States Geological Survey map or equivalent indicating:

        (I) geographical features such as roads, watercourses, and prominent landmarks;

        (II) present land uses in the areas surrounding the area to be included;

        (III) the boundaries of the petitioners' properties; and

        (IV) the area to be included in the single property designation; and

      (iii) any other information needed by the commission in its review of the petition.

    (E) The executive director or commission may place such conditions on the approval of the petition as appropriate to avoid a condition of air pollution or ensure compliance with state and federal regulations.

    (F) The executive director may approve a petition for single property designation or an amendment to an existing designation unless otherwise prohibited by law if:

      (i) the petition meets all relevant statutory and administrative criteria;

      (ii) the petition does not raise new issues that require the interpretation of commission policy; and

      (iii) the public interest counsel does not raise objections.

(c) In this section, the terms "property" or "properties" includes leasehold and fee interests in real property, and it does not include mineral interests.

Source Note: The provisions of this §101.2 adopted to be effective January 1, 1976; amended to be effective January 8, 1996, 20 TexReg 11019; amended to be effective December 23, 1999, 24 TexReg 11494

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