Title 30 TAC 116.10 - 11, July 8, 1998
Subchapter A Definitions§ 116.10 General Definitions
§ 116.11 Compliance History Definitions
Unless specifically defined in the TCAA or in the rules of the commission, the terms used by the commission have the meanings commonly ascribed to them in the field of air pollution control. In addition to the terms which are defined by the TCAA, and in § 101.1 of this title (relating to Definitions), the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Actual emissions - The highest rate of emissions of an air contaminant actually achieved from a qualified facility within the 120-month period prior to the change. This rate cannot exceed any applicable federal or state emissions limitation. This definition applies only when determining whether there has been a net increase in allowable emissions under § 116.116(e) of this title (relating to Changes to Facilities).
(2) Allowable emissions - The authorized rate of emissions of an air contaminant from a facility as determined in accordance with this section. This rate cannot exceed any applicable state or federal emissions limitation. This definition applies only when determining whether there has been a net increase in allowable emissions under § 116.116(e) of this title.
(A) Permitted facility - For a facility with a preconstruction permit under this chapter, the allowable emissions shall be any emission limit established in the permit on a MAERT and any emission limit contained in representations in the permit application which was relied upon in issuing the permit, plus any allowable emissions authorized by an exemption under Chapter 106 of this title (relating to exemptions from Permitting).
(B) exempted facility - For a facility operating under Chapter 106 of this title, the allowable emissions shall be the least of the emissions rate allowed in Chapter 106, Subchapter A of this title (relating to General Requirements), the emissions rate specified in the applicable exemption, or the federally enforceable emission rate established on a PI-8 form.
(C) Grandfathered facility - For a qualified grandfathered facility, the allowable emissions shall be the maximum annual emissions rate after the implementation of any air pollution control methods to become a qualified facility, plus 10% of the maximum annual emissions rate prior to the implementation of such control methods, but in no case shall the allowable emissions be greater than the maximum annual emissions rate prior to the implementation of such control methods. The maximum annual emissions rate is the emissions rate at the maximum annual capacity according to the physical or operational design of the facility, data from actual operations over a period of no more than 12 months that demonstrates the maximum annual capacity, or other information that demonstrates the maximum annual capacity. Except where a grandfather facility has been modified, the allowable emissions for the modification shall be determined as a permitted facility.
(D) Standard permit facility - For a facility authorized by standard permit, other than § 116.617(2) of this title (relating to Standard Permits for Pollution Control Projects), the allowable emissions shall be the maximum emissions rate represented in the registration for the standard permit.
(E) Special exemption facility - For a facility operating under a special exemption, the allowable emissions shall be the emissions rate represented in the original special exemption request.
(F) The allowable emissions for a qualified facility shall not be adjusted by the voluntary installation of controls.
(3) Best available control technology (BACT) - BACT with consideration given to the technical practicability and the economic reasonableness of reducing or eliminating emissions from the facility.
(4) Facility - A discrete or identifiable structure, device, item, equipment, or enclosure that constitutes or contains a stationary source, including appurtenances other than emission control equipment. A mine, quarry, well test, or road is not a facility.
(5) Federally enforceable - All limitations and conditions which are enforceable by the EPA, including:
(A) those requirements developed under Title 40 of the Code of Federal Regulations (CFR) Parts 60 and 61 (40 CFR 60 and 61);
(B) Chapter 113, Subchapter C of this title (relating to National Emission Standards for Hazardous Air Pollutants for Source Categories (FCAA § 112, 40 CFR 63));
(C) requirements within any applicable state implementation plan (SIP);
(D) any permit requirements established under 40 CFR § 52.21; or
(E) any permit requirements established under regulations approved under 40 CFR Part 51, Subpart I, including permits issued under the EPA-approved program that is incorporated into the SIP and that expressly requires adherence to any permit issued under such program.
(6) Grandfathered facility - Any facility that is not a new facility since it was constructed prior to the permit requirements of this chapter.
(7) Lead smelting plant - Any facility which produces purified lead by melting and separating lead from metal and nonmetallic contaminants and/or by reducing oxides into elemental lead. Raw materials consist of lead concentrates, lead-bearing ores or lead scrap, drosses, or other lead-bearing residues. Additional processing may include refining and alloying. A facility which only remelts lead bars or ingots for casting into lead products is not a lead smelting plant.
(8) Maximum allowable emissions rate table (MAERT) - A table included with a preconstruction permit issued under this chapter that contains the allowable emission rates established by the permit for a facility.
(9) Modification of existing facility - Any physical change in, or change in the method of operation of, a facility in a manner that increases the amount of any air contaminant emitted by the facility into the atmosphere or that results in the emission of any air contaminant not previously emitted. The term does not include:
(A) insignificant increases in the amount of any air contaminant emitted that is authorized by one or more commission exemptions;
(B) insignificant increases at a permitted facility;
(C) maintenance or replacement of equipment components that do not increase or tend to increase the amount or change the characteristics of the air contaminants emitted into the atmosphere;
(D) an increase in the annual hours of operation unless the existing facility has received a preconstruction permit or has been exempted, under the TCAA, § 382.057, from preconstruction permit requirements;
(E) a physical change in, or change in the method of operation of, a facility that does not result in a net increase in allowable emission of any air contaminant and that does not result in the emission of any air contaminant not previously emitted, provided that the facility:
(i) has received a preconstruction permit or permit amendment or has been exempted under the TCAA, § 382.057, from preconstruction permit requirements no earlier than 120 months before the change will occur; or
(ii) uses, regardless of whether the facility has received a preconstruction permit or permit amendment or has been exempted under the TCAA, § 382.057, an air pollution control method that is at least as effective as the BACT that the commission required or would have required for a facility of the same class or type as a condition of issuing a permit or permit amendment 120 months before the change will occur;
(F) a physical change in, or change in the method of operation of, a facility where the change is within the scope of a flexible permit; or
(G) a change in the method of operation of a natural gas processing, treating, or compression facility connected to or part of a natural gas gathering or transmission pipeline which does not result in an annual emission rate of any air contaminant in excess of the volume emitted at the maximum designed capacity, provided that the facility is one for which:
(i) construction or operation started on or before September 1, 1971, and at which either no modification has occurred after September 1, 1971, or at which modifications have occurred only under Chapter 106 of this title; or
(ii) construction started after September 1, 1971, and before March 1, 1972, and which registered in accordance with TCAA, § 382.060, as that section existed prior to September 1, 1991.
(10) New facility - A facility for which construction is commenced after August 30, 1971, and no contract for construction was executed on or before August 30, 1971, and that contract specified a beginning construction date on or before February 29, 1972.
(11) New source - Any stationary source, the construction or modification of which is commenced after March 5, 1972.
(12) Nonattainment area - A defined region within the state which is designated by the EPA as failing to meet the national ambient air quality standard for a pollutant for which a standard exists. The EPA will designate the area as nonattainment under the provisions of FCAA, § 107(d).
(13) Public notice - The public notice of application for a permit as required in this chapter.
(14) Qualified facility - An existing facility that satisfies the criteria of either paragraph (9)(E)(i) or (ii) of this section.
(15) Source - A point of origin of air contaminants, whether privately or publicly owned or operated.
Unless specifically defined in the TCAA or in the rules of the commission, the terms used by the commission have the meanings commonly ascribed to them in the field of air pollution control. In addition to the terms which are defined by the TCAA, and in § 101.1 of this title (relating to Definitions), the following words and terms, when used in § § 116.120-116.126 of this title (relating to Compliance History) shall have the following meanings, unless the context clearly indicates otherwise.
(1) Adjudicated decision - Any conviction, final order, judgment, or decree as follows:
(A) a criminal conviction of the applicant in any court for violation of any law of this state, another state, or of the United States governing air contaminants;
(B) a final order, judgment, or decree of any court or administrative agency, or agreement entered into settlement of any legal or administrative action brought in a court or administrative agency, addressing:
(i) the applicant's past performance or compliance with the laws and rules of this state, another state, or of the United States governing air contaminants; or
(ii) the terms of any permit or order issued by the commission; or
(C) an order of any court or administrative agency, whether final or not, respecting air contaminants for the facility that is the subject of the permit application.
(2) Compliance event - An adjudicated decision or compliance proceeding as defined in paragraphs (1) and (4) this section.
(3) Compliance history - The record of an applicant's adherence to air pollution control laws and rules of the State of Texas, other states, and of the United States except as provided in § 116.123 of this title (relating to Effective Dates). The history shall be for the five-year period prior to the date on which the application for issuance, amendment, or renewal is filed. The compliance history shall include all compliance events, as defined in this section.
(4) Compliance proceeding - A notice of violation issued by the commission or other agency for which the commission has recommended formal enforcement action and has notified the applicant of such recommendation.
(5) Existing site - A plant property that is not a new site.
(6) New site - A plant property having an operating history less than five years in length as of the date of application.
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