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. (1) are under the control of the same person or are under the control of persons under common control;
2. (2) belong to the same first two-digit major grouping of Standard Industrial Classification codes;
3. (3) are operationally dependant; and

4. (4) are located not more than one-quarter mile from a condensate tank, oil tank, produced water storage tank, or combustion facility that:

   1. (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;
   2. (B) belongs to the same first two-digit major grouping of Standard Industrial Classification codes as the facilities being aggregated; and
   3. (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.