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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 122FEDERAL OPERATING PERMITS PROGRAM
SUBCHAPTER ADEFINITIONS
RULE §122.10General Definitions

  (7) Draft permit--The version of a permit available for the 30-day comment period under public announcement or public notice and affected state review. The draft permit may be the same document as the proposed permit.

  (8) Emission unit--A discrete or identifiable structure, device, item, equipment, or enclosure that constitutes or contains a point of origin of air pollutants, including appurtenances.

    (A) A point of origin of fugitive emissions from individual pieces of equipment, e.g., valves, flanges, pumps, and compressors, shall not be considered an individual emission unit. The fugitive emissions shall be collectively considered as an emission unit based on their relationship to the associated process.

    (B) The term may also be used in this chapter to refer to a group of similar emission units.

    (C) This term is not meant to alter or affect the definition of the term "unit" for purposes of the Acid Rain Program.

  (9) Federal Clean Air Act, §502(b)(10) changes--Changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.

  (10) Final action--Issuance or denial of the permit by the executive director.

  (11) General operating permit--A permit issued under Subchapter F of this chapter (relating to General Operating Permits), under which multiple similar stationary sources may be authorized to operate.

  (12) Large pollutant-specific emission unit--An emission unit with the potential to emit, taking into account control devices, the applicable air pollutant in an amount equal to or greater than 100% of the amount, in tons per year, required for a source to be classified as a major source, as defined in this section.

  (13) Major source--

    (A) For pollutants other than radionuclides, any site that emits or has the potential to emit, in the aggregate the following quantities:

      (i) ten tons per year (tpy) or more of any single hazardous air pollutant listed under Federal Clean Air Act (FCAA), §112(b) (Hazardous Air Pollutants);

      (ii) 25 tpy or more of any combination of hazardous air pollutant listed under FCAA, §112(b); or

      (iii) any quantity less than those identified in clause (i) or (ii) of this subparagraph established by the United States Environmental Protection Agency (EPA) through rulemaking.

    (B) For radionuclides regulated under FCAA, §112, the term "major source" has the meaning specified by the EPA by rule.

    (C) Any site which directly emits or has the potential to emit, 100 tpy or more of any air pollutant. The fugitive emissions of a stationary source shall not be considered in determining whether it is a major source, unless the stationary source belongs to one of the following categories of stationary sources:

      (i) coal cleaning plants (with thermal dryers);

      (ii) kraft pulp mills;

      (iii) portland cement plants;

      (iv) primary zinc smelters;

      (v) iron and steel mills;

      (vi) primary aluminum ore reduction plants;

      (vii) primary copper smelters;

      (viii) municipal incinerators capable of charging more than 250 tons of refuse per day;

      (ix) hydrofluoric, sulfuric, or nitric acid plants;

      (x) petroleum refineries;

      (xi) lime plants;

      (xii) phosphate rock processing plants;

      (xiii) coke oven batteries;

      (xiv) sulfur recovery plants;

      (xv) carbon black plants (furnace process);

      (xvi) primary lead smelters;

      (xvii) fuel conversion plant;

      (xviii) sintering plants;

      (xix) secondary metal production plants;

      (xx) chemical process plants (the term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in the North American Industry Classification System codes 312140 or 325193);

      (xxi) fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units (Btu) per hour heat input;

      (xxii) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

      (xxiii) taconite ore processing plants;

      (xxiv) glass fiber processing plants;

      (xxv) charcoal production plants;

      (xxvi) fossil fuel-fired steam electric plants of more than 250 million Btu per hour heat input; or

      (xxvii) any stationary source category regulated under FCAA, §111 (Standards of Performance for New Stationary Sources) or §112 for which the EPA has made an affirmative determination under FCAA, §302(j) (Definitions).

    (D) Any site, except those exempted under FCAA, §182(f) (NOX Requirements), which, in whole or in part, is a major source under FCAA, Title I, Part D (Plan Requirements for Nonattainment Areas), including the following:

      (i) any site with the potential to emit 100 tpy or more of volatile organic compounds (VOC) or nitrogen oxides (NOX ) in any ozone nonattainment area classified as "marginal or moderate";

      (ii) any site with the potential to emit 50 tpy or more of VOC or NOX in any ozone nonattainment area classified as "serious";

      (iii) any site with the potential to emit 25 tpy or more of VOC or NOX in any ozone nonattainment area classified as "severe";

      (iv) any site with the potential to emit ten tpy or more of VOC or NOX in any ozone nonattainment area classified as "extreme";

      (v) any site with the potential to emit 100 tpy or more of carbon monoxide (CO) in any CO nonattainment area classified as "moderate";

      (vi) any site with the potential to emit 50 tpy or more of CO in any CO nonattainment area classified as "serious";

      (vii) any site with the potential to emit 100 tpy or more of inhalable particulate matter (PM-10) in any PM-10 nonattainment area classified as "moderate";

      (viii) any site with the potential to emit 70 tpy or more of PM-10 in any PM-10 nonattainment area classified as "serious"; and

      (ix) any site with the potential to emit 100 tpy or more of lead in any lead nonattainment area.

    (E) The fugitive emissions of a stationary source shall not be considered in determining whether it is a major source under subparagraph (D) of this paragraph, unless the stationary source belongs to one of the categories of stationary sources listed in subparagraph (C) of this paragraph.

    (F) Any temporary source which is located at a site for less than six months shall not affect the determination of a major source for other stationary sources at a site under this chapter or require a revision to the existing permit at the site.

    (G) Emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not the units are in a contiguous area or under common control, to determine whether the units or stations are major sources under subparagraph (A) of this paragraph.

  (14) Notice and comment hearing--Any hearing held under this chapter. Hearings held under this chapter are for the purpose of receiving oral and written comments regarding draft permits.

  (15) Permit or federal operating permit--

    (A) any permit, or group of permits covering a site, that is issued, renewed, or revised under this chapter; or

    (B) any general operating permit issued, renewed, or revised by the executive director under this chapter.

  (16) Permit anniversary--The date that occurs every 12 months after the initial permit issuance, the initial granting of the authorization to operate, or renewal.

  (17) Permit application--An application for an initial permit, permit revision, permit renewal, permit reopening, general operating permit, or any other similar application as may be required.

  (18) Permit holder--A person who has been issued a permit or granted the authority by the executive director to operate under a general operating permit.

  (19) Permit revision--Any administrative permit revision, minor permit revision, or significant permit revision that meets the related requirements of this chapter.

Cont'd...

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