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Texas Health & Safety Code - Section 382.05194. Multiple Plant Permit

Legal Research Home > Texas Laws > Health & Safety Code > Texas Health & Safety Code - Section 382.05194. Multiple Plant Permit

§ 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 Section 382.0518(g) or for facilities 
authorized under Section 382.0519, the rates that would be 
authorized under Section 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.
	(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 Section 382.061 the authority to issue, amend, or 
revoke a multiple plant permit.

Added by Acts 1999, 76th Leg., ch. 406, § 5, eff. Aug. 30, 1999.  
Amended by Acts 2001, 77th Leg., ch. 935, § 1, eff. June 14, 
2001.

Last modified: August 11, 2007