(b) Two or more property owners, or operators
acting on behalf of a property owner, may petition the commission to have their
properties designated a single property for purposes of demonstrating
compliance with commission regulations and the control of air emissions.
(1) The use of this section is intended for:
(A) a property under the control of a single
entity that has been or will be divided and placed under the control of
separate entities, creating a new property line configuration; or
(B) properties operated or intended to be
operated as an integrated plant or plants where individual facilities are owned
by separate entities, but all facilities are under the control of a single
entity.
(2) The petition
shall be subject to the following criteria.
(A) The properties must be contiguous except
for intervening roads, railroads, and/or rights-of-way, which are a part of the
property. Emission points separated by a public right-of-way cannot be combined
into a single property designation.
(B) All owners of real property, including
but not limited to, fee interest owners and leaseholders, within the single
property designation boundary must consent to the agreement. Owners of mineral
interests only are not required to consent to the agreement.
(C) The petition shall include the following
information:
(i) a general description of the
manner in which the control of emissions and demonstration of compliance with
commission regulations will be administered and controlled;
(ii) designation of the party or parties who
accept responsibility for off-property impacts;
(iii) the existing account number(s) for each
petitioner; and
(iv) a description
of how the petitioners meet the requirements of this rule.
(D) The petition shall be accompanied by:
(i) a copy of a sworn written agreement
between the property owners who consent to having their properties so
designated which must detail the mechanisms of control exercised on both
properties;
(ii) a United States
Geological Survey map or equivalent indicating:
(I) geographical features such as roads,
watercourses, and prominent landmarks;
(II) present land uses in the areas
surrounding the area to be included;
(III) the boundaries of the petitioners'
properties; and
(IV) the area to be
included in the single property designation; and
(iii) any other information needed by the
commission in its review of the petition.
(E) The executive director or commission may
place such conditions on the approval of the petition as appropriate to avoid a
condition of air pollution or ensure compliance with state and federal
regulations.
(F) The executive
director may approve a petition for single property designation or an amendment
to an existing designation unless otherwise prohibited by law if:
(i) the petition meets all relevant statutory
and administrative criteria;
(ii)
the petition does not raise new issues that require the interpretation of
commission policy; and
(iii) the
public interest counsel does not raise objections.
