Texas Health and Safety Code 382.05194 – Multiple Plant Permit
(a) The commission may issue a multiple plant permit for multiple plant sites that are owned or operated by the same person or persons under common control if the commission finds that:
(1) the aggregate rate of emission of air contaminants to be authorized under the permit does not exceed the total of:
(A) for previously permitted facilities, the rates authorized in the existing permits; and
(B) for existing unpermitted facilities not subject to the requirement to obtain a preconstruction authorization under § 382.0518(g) or for facilities authorized under § 382.0519, the rates that would be authorized under § 382.0519; and
(2) there is no indication that the emissions from the facilities will contravene the intent of this chapter, including protection of the public’s health and physical property.
(b) A permit issued under this section may not authorize emissions from any of the facilities authorized under the permit that exceed the facility’s highest historic annual rate or the levels authorized in the facility’s most recent permit. In the absence of records extending back to the original construction of the facility, best engineering judgment shall be used to demonstrate the facility’s highest historic annual rate to the commission.
Terms Used In Texas Health and Safety Code 382.05194
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) Emissions control equipment previously installed at a facility permitted under this section may not be removed or disabled unless the action is undertaken to maintain or upgrade the control equipment or to otherwise reduce the impact of emissions authorized by the commission.
(d) The commission by rule shall establish the procedures for application and approval for the use of a multiple plant permit.
(e) For a multiple plant permit that applies only to existing facilities for which an application is filed before September 1, 2001, the issuance, amendment, or revocation by the commission of the permit is not subject to Chapter 2001, Government Code.
(f) The commission may adopt rules as necessary to implement and administer this section and may delegate to the executive director under § 382.061 the authority to issue, amend, or revoke a multiple plant permit.