(a) Consistent with § 382.051, the commission may adopt permits by rule for certain types of facilities if it is found on investigation that the types of facilities will not make a significant contribution of air contaminants to the atmosphere. The commission may not adopt a permit by rule authorizing any facility defined as “major” under any applicable preconstruction permitting requirements of the federal Clean Air Act (42 U.S.C. § 7401 et seq.) or regulations adopted under that Act. Nothing in this subsection shall be construed to limit the commission’s general power to control the state’s air quality under § 382.011(a).
(b) The commission by rule shall specifically define the terms and conditions for a permit by rule under this section.

Terms Used In Texas Health and Safety Code 382.05196