Section 101.107 - Aggregated Baseline Amount(a) Aggregation. Notwithstanding the requirements of § 101.106 and § 101.108 of this title (relating to Baseline Amount Calculation and Alternative Baseline Amount), a major stationary source of emissions that meets the applicability requirements of § 101.101 of this title (relating to Applicability) after calculating each pollutant's emission baseline amount in accordance with this subchapter may choose to combine: (1) volatile organic compounds (VOC) emissions into a single aggregated pollutant baseline amount for multiple major stationary sources under common control;(2) nitrogen oxides (NO) emissions into a single aggregated pollutant baseline amount for multiple major stationary sources under common control;(3) emissions for both VOC and NO into a single aggregated pollutant baseline amount for a single major stationary source; and/or(4) emissions for both VOC and NO into a single aggregated pollutant baseline amount for multiple major stationary sources under common control.(b) Pollutants aggregation. Pollutants in an aggregated amount must have:(1) the same time period for calculating the baseline amount; and(2) the same basis of either actual or authorized emissions to calculate the baseline amount.(c) Section 185 Account reporting. An owner and or operator opting to combine VOC with NO and/or combine major stationary sources into one baseline amount shall identify all major stationary sources being aggregated under this section.(d) Failure to Attain Fee obligation requirement. The fee obligation must be calculated in the same manner that an owner or operator elects to aggregate under this section.30 Tex. Admin. Code § 101.107
The provisions of this §101.107 adopted to be effective June 12, 2013, 38 TexReg 3610