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Texas SIP: 30 TAC 101.2: Multiple air Contaminant Sources or Properties

Regulatory Text: 
TX Chapter 101.  General Rules.

§101.2.  Multiple Air Contaminant Sources or Properties.

(Section 101.2 approved by EPA as Rule 3 on 05/31/72 (37 FR 10895) at 52.2270(b) [indicated by “01" below] effective 05/31/72.  Revised subsection 101.2(b) approved by EPA 01/28/99 (64 FR 04296) at 52.2270(c)(112) effective 03/29/99.)

01    (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 Texas Natural Resource Conservation Commission (TNRCC or 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.

112   (b)  Two or more property owners/operators may petition the commission to have their properties designated a single property for purposes of demonstrating compliance with TNRCC regulations and the control of air emissions.  The petition shall be subject to the following criteria.

112        (1)  The properties must be contiguous except for intervening roads, railroads, and/or rights-of-way, which are a part of the property.  Properties separated by a public right-of-way will not be considered contiguous.

112        (2)  The use of this section is intended for 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 for 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.

112        (3)  The petition shall describe generally the manner in which the control of emissions and demonstration of compliance with TNRCC regulations will be administered and controlled.  The petition shall name the party or parties accepting responsibility for off-property impacts.  The petition shall be accompanied by a copy of an executed written agreement between the property holders who consent to having their properties so designated and shall also be accompanied by a United States Geological Survey map or equivalent indicating geographical features such as roads, watercourses, and prominent landmarks, the boundaries of the petitioners' properties, the area to be included in the single property designation, and present land uses in the areas surrounding the area to be included. The written agreement must detail the mechanisms of control exercised on both properties.  The commission may place such conditions on the approval of the petition as it may deem appropriate to avoid a condition of air pollution or ensure compliance with state and federal regulations.