Title 30 TAC 116.10 - 11, December 8, 1994
Subchapter A Definitions§ 116.10 General Definitions
§ 116.11 Compliance History Definitions
Unless specifically defined in the Texas Clean Air Act (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 General Rules), the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
De minimis impact - A change in ground level concentration of an air contaminant as a result of the operation of any new major stationary source or of the operation of any existing source which has undergone a major modification, which does not exceed the following specified amounts.
|Inhalable Particulate Matter (PM10)||1.0 µg/m3||5 µg/m3|
|Sulfur Dioxide||1.0 µg/m3||5 µg/m3||25 µg/m3|
|Nitrogen Dioxide||1.0 µg/m3|
|Carbon Monoxide||0.5 µg/m3||2.0 µg/m3|
Emissions unit - Any part of a stationary source which emits or would have the potential to emit any pollutant subject to regulation under the Federal Clean Air Act (FCAA).
Federally enforceable - All limitations and conditions which are enforceable by the Administrator of the United States Environmental Protection Agency (EPA), including those requirements developed pursuant to Title 40 of the Code of Federal Regulations Parts 60 and 61 (40 CFR 60 and 61), requirements within any applicable State Implementation Plan (SIP), any permit requirements established pursuant to 40 CFR 52.21, or under regulations approved pursuant to 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.
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 residues. Additional processing may include refining, alloying, and even oxidizing into lead oxide. A facility which only remelts lead bars or ingots for casting into lead products is not considered to be a smelter.
New source - Any stationary source, the construction or modification of which is commenced after March 5, 1972.
Nonattainment area - A defined region within the state which is designated by the U.S. 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 the FCAA, § 107(d).
Public notice - The public notice of application for a permit as required in this chapter.
Source - A point of origin of air contaminants, whether privately or publicly owned or operated. Upon request of a source owner, the Executive Director shall determine whether multiple processes emitting air contaminants from a single point of emission will be treated as a single source or as multiple sources.
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 General Rules), the following terms, when used in the undesignated head of this chapter regarding Compliance History, shall have the following meanings, unless the context clearly indicates otherwise.
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.
Compliance event--An adjudicated decision or compliance proceeding as defined in this section.
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.
Compliance proceeding--A notice of violation issued by the TNRCC or other agency for which the TNRCC has recommended formal enforcement action and has notified the applicant of such recommendation.
Existing site--A plant property that is not a new site.
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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