Sec. 382.051964.  AGGREGATION OF FACILITIES.  Notwithstanding any other provision of this chapter, the commission may not aggregate a facility that belongs to a Standard Industrial Classification code identified by Section 382.051961(a) with another facility that belongs to a Standard Industrial Classification code identified by that section for purposes of consideration as an oil and gas site, a stationary source, or another single source in a permit by rule or a standard permit unless the facilities being aggregated:
(1)  are under the control of the same person or are under the control of persons under common control;
(2)  belong to the same first two-digit major grouping of Standard Industrial Classification codes;
(3)  are operationally dependant; and
(4)  are located not more than one-quarter mile from a condensate tank, oil tank, produced water storage tank, or combustion facility that:
(A)  is under the control of the same person who controls the facilities being aggregated or is under the control of persons under common control;
(B)  belongs to the same first two-digit major grouping of Standard Industrial Classification codes as the facilities being aggregated; and
(C)  is operationally dependant on the facilities being aggregated.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1080 (S.B. 1134), Sec. 1, eff. June 17, 2011.