(a) A person may obtain a multiple plant permit for existing facilities subject to Texas Clean Air Act (TCAA), §382.0518 or §382.0519 at multiple plant sites that are owned or operated by the same person or persons under common control if:
  (1) the aggregate rate of emission of air contaminants to be authorized under the permit does not exceed the total of the rates authorized in the existing permits (for previously permitted facilities); and
  (2) the emissions from the facilities will not contravene the intent of the TCAA, including protection of the public's health and physical property.
(b) A permit issued under this subchapter may not authorize emissions from any facility that exceeds that facility's highest historic annual rate, if the facility is grandfathered, or the levels authorized in the facility's most recent permit, if the facility is permitted. The highest historic annual rate would be determined by either of the following:
  (1) using data that shows the maximum annual emission rate at which the emission unit actually operated and emitted prior to September 1, 1971 for 12 consecutive months, including any increases authorized by a permit by rule; or
  (2) using data related to emissions (e.g., production, fuel firing, throughput, sulfur content, etc.) as appropriate, which are selected by the applicant and agreed upon by the executive director, to reasonably approximate the actual annual emission rate from any operational year.
(c) Emissions control equipment previously installed at a facility permitted under this chapter 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.

Source Note: The provisions of this §116.1010 adopted to be effective September 4, 2000, 25 TexReg 8668; amended to be effective July 1, 2021, 46 TexReg 3924