(a) For all surface mining activities with projected production rates exceeding 1 million tons of coal per year and located west of the 100th meridian west longitude, the application shall contain an air pollution control plan which includes the following:
  (1) an air-quality monitoring program to provide sufficient data to evaluate the effectiveness of the fugitive-dust control practices proposed under paragraph (2) of this subsection to comply with federal and state air-quality standards; and
  (2) a plan for fugitive-dust control practices as required under §12.389 of this title (relating to Stabilization of Surface Areas for Surface Mining).
(b) For all other surface mining activities the application shall contain an air-pollution control plan which includes the following:
  (1) an air-quality monitoring program, if required by the Commission, to provide sufficient data to evaluate the effectiveness of the fugitive-dust control practices under paragraph (2) of this subsection to comply with applicable federal and state air-quality standards; and
  (2) a plan for fugitive-dust control practices as required under §12.389 of this title (relating to Stabilization of Surface Areas for Surface Mining).

Source Note: The provisions of this §12.143 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective September 14, 1999, 24 TexReg 7223