SECTION 116.162. Evaluation of Air Quality Impacts

In evaluating air quality impacts under §116.160 of this title (relating to Prevention of Significant Deterioration Requirements) or §116.161 of this title (relating to Sources Located in an Attainment Area with a Greater Than De Minimis Impact), the owner or operator of a proposed new facility or modification of an existing facility shall not take credit for reductions in impact due to dispersion techniques as defined in Title 40 Code of Federal Regulations (CFR). The relevant federal regulations are incorporated herein by reference, as follows:

(1) 40 CFR §51.100(hh) - (kk) promulgated November 7, 1986;

(2) the definitions of "owner or operator," "emission limitation and emission standards," "stack," "a stack in existence," and "reconstruction," as given under 40 CFR §51.100(f), (z), (ff), (gg), promulgated November 7, 1986, and 40 CFR §60.15, promulgated December 16, 1975, respectively;

(3) 40 CFR §51.118(a) and (b), promulgated November 7, 1986; and

(4) 40 CFR §51.164, promulgated November 7, 1986.

Source Note: The provisions of this §116.162 adopted to be effective September 13, 1993, 18 TexReg 5746; amended to be effective November 1, 2001, 26 TexReg 8539