| (20) Potential to emit--The maximum capacity of a stationary
source to emit any air pollutant under its physical and operational
design or configuration. Any certified registration established under
§106.6 of this title (relating to Registration of Emissions),
§116.611 of this title (relating to Registration to Use a Standard
Permit), or §122.122 of this title (relating to Potential to
Emit), or a permit by rule under Chapter 106 of this title (relating
to Permits by Rule) or other new source review permit under Chapter
116 of this title (relating to Control of Air Pollution by Permits
for New Construction or Modification) restricting emissions or any
physical or operational limitation on the capacity of a stationary
source to emit an air pollutant, including air pollution control equipment
and restrictions on hours of operation or on the type or amount of
material combusted, stored, or processed, shall be treated as part
of its design if the limitation is enforceable by the United States
Environmental Protection Agency. This term does not alter or affect
the use of this term for any other purposes under the Federal Clean
Air Act (FCAA), or the term "capacity factor" as used in Acid Rain
provisions of the FCAA or the Acid Rain rules.
(21) Preconstruction authorization--Any authorization
to construct or modify an existing facility or facilities under Chapter
106 and Chapter 116 of this title (relating to Permits by Rule; and
Control of Air Pollution by Permits for New Construction or Modification).
In this chapter, references to preconstruction authorization will
also include the following:
(A) any requirement established under Federal Clean
Air Act (FCAA), §112(g) (Modifications); and
(B) any requirement established under FCAA, §112(j)
(Equivalent Emission Limitation by Permit).
(22) Predictive emission monitoring system--A system
that uses process and other parameters as inputs to a computer program
or other data reduction system to produce values in terms of the applicable
emission limitation or standard.
(23) Proposed permit--The version of a permit that
the executive director forwards to the United States Environmental
Protection Agency for a 45-day review period. The proposed permit
may be the same document as the draft permit.
(24) Provisional terms and conditions--Temporary terms
and conditions, established by the permit holder for an emission unit
affected by a change at a site, or the promulgation or adoption of
an applicable requirement or state-only requirement, under which the
permit holder is authorized to operate prior to a revision or renewal
of a permit or prior to the granting of a new authorization to operate.
(A) Provisional terms and conditions will only apply
to changes not requiring prior approval by the executive director.
(B) Provisional terms and conditions shall not authorize
the violation of any applicable requirement or state-only requirement.
(C) Provisional terms and conditions shall be consistent
with and accurately incorporate the applicable requirements and state-only
requirements.
(D) Provisional terms and conditions for applicable
requirements and state-only requirements shall include the following:
(i) the specific regulatory citations in each applicable
requirement or state-only requirement identifying the emission limitations
and standards;
(ii) the monitoring, recordkeeping, reporting, and
testing requirements associated with the emission limitations and
standards identified under clause (i) of this subparagraph; and
(iii) where applicable, the specific regulatory citations
identifying any requirements that no longer apply.
(25) Renewal--The process by which a permit or an authorization
to operate under a general operating permit is renewed at the end
of its term under §§122.241, 122.501, or 122.505 of this
title (relating to Permit Renewals; General Operating Permits; or
Renewal of the Authorization to Operate Under a General Operating
Permit).
(26) Reopening--The process by which a permit is reopened
for cause and terminated or revised under §122.231 of this title
(relating to Permit Reopenings).
(27) Site--The total of all stationary sources located
on one or more contiguous or adjacent properties, which are under
common control of the same person (or persons under common control).
A research and development operation and a collocated manufacturing
facility shall be considered a single site if they each have the same
two-digit Major Group Standard Industrial Classification code (as
described in the Standard Industrial Classification Manual, 1987)
or the research and development operation is a support facility for
the manufacturing facility.
(28) State-only requirement--Any requirement governing
the emission of air pollutants from stationary sources that may be
codified in the permit at the discretion of the executive director.
State-only requirements shall not include any requirement required
under the Federal Clean Air Act or under any applicable requirement.
(29) Stationary source--Any building, structure, facility,
or installation that emits or may emit any air pollutant. Nonroad
engines, as defined in 40 Code of Federal Regulations Part 89 (Control
of Emissions from New and In-use Nonroad Engines), shall not be considered
stationary sources for the purposes of this chapter.
|
| Source Note: The provisions of this §122.10 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective March 4, 1999, 24 TexReg 1387; amended to be effective September 4, 2000, 25 TexReg 8688; amended to be effective June 3, 2001, 26 TexReg 3747; amended to be effective December 11, 2002, 27 TexReg 11580; amended to be effective August 3, 2006, 31 TexReg 6000; amended to be effective March 4, 2010, 35 TexReg 1756; amended to be effective April 17, 2014, 39 TexReg 2927; amended to be effective February 23, 2017, 42 TexReg 688 |
