1. (a) Aggregation. After determining separate baseline amounts for each pollutant at each major stationary source or Section 185 Account according to the requirements of §101.705 of this title (relating to Baseline Amount) or §101.706 of this title (relating to Baseline Amount for New Major Stationary Sources), an owner or operator of a major stationary source or Section 185 Account may choose to combine baseline amounts as follows:

   1. (1) volatile organic compounds (VOC) emissions into a single aggregated pollutant baseline amount for multiple major stationary sources under common control;
   2. (2) nitrogen oxides (NO_X) emissions into a single aggregated pollutant baseline amount for multiple major stationary sources under common control;
   3. (3) emissions for both VOC and NO_X into a single aggregated pollutant baseline amount for a single major stationary source; and/or
   4. (4) emissions for both VOC and NO_X into a single aggregated pollutant baseline amount for multiple major stationary sources under common control.

2. (b) Pollutant emissions aggregation. Pollutant emissions in an aggregated amount must have:

   1. (1) the same time period for calculating the baseline amount; and
   2. (2) the same basis of baseline emissions or total annual authorized emissions to calculate the baseline amount.
3. (c) Section 185 Account reporting. An owner and/or operator opting to combine VOC with NO_X emissions and/or combine major stationary sources into one baseline amount must identify all major stationary sources being aggregated under this section.
4. (d) Fee calculation requirement. The Failure to Attain Fee must be assessed and calculated in the same manner that an owner or operator elects to aggregate under this section.

5. (e) Compliance schedule. The owner or operator of each major stationary source or Section 185 Account must submit to the executive director a report establishing its aggregated baseline amount on a form published by the executive director.

   1. (1) For major stationary sources or Section 185 Accounts that operated the entire baseline year, the aggregated baseline amount forms must be submitted by the emissions inventory due date as specified under §101.10 of this title (relating to Emissions Inventory Requirements) for the fee assessment year, or 120 days after the finding of failure to attain effective date in the Federal Register, whichever is later.
   2. (2) For major stationary sources or Section 185 Account that began operating during or after the baseline year, the aggregated baseline amount forms must be submitted within 90 calendar days of completing the first full year operating as a major stationary source.
6. (f) Review. Where the baseline amount does not align with information recorded in either the emissions inventory database or the air permit data systems, the executive director may direct that the baseline amount be based on the lower of reported emissions under §101.10 of this title or total annual authorized emissions. After review, the baseline amount will be fixed and not be changed except as allowed under this subchapter.

Source Note:The provisions of this §101.707 adopted to be effective November 13, 2025, 50 TexReg 7293.