facility following completion of the project may be used
in lieu of the projected actual emission rate; and
(B) for new facilities that are part of the project,
the sum of the differences between the potential to emit from the
facility following completion of the project and the baseline actual
emissions.
(C) for projects that include both existing and new
facilities, the sum of the differences for all facilities, using the
method described in subparagraphs (A) and (B) of this paragraph.
(D) the "sum of the differences" as used in subparagraphs
(A) - (C) of this paragraph shall include both increases and decreases
in emissions calculated in accordance with those subparagraphs, except
that project emission increases for purposes of §116.12(30) and §116.150(c)(3)
of this title shall not consider decreases.
(33) Replacement facility--A facility that satisfies
the following criteria:
(A) the facility is a reconstructed unit within the
meaning of 40 Code of Federal Regulations §60.15(b)(1), or the
facility replaces an existing facility;
(B) the facility is identical to or functionally equivalent
to the replaced facility;
(C) the replacement does not alter the basic design
parameters of the process unit;
(D) the replaced facility is permanently removed from
the major stationary source, otherwise permanently disabled, or permanently
barred from operation by a permit that is enforceable. If the replaced
facility is brought back into operation, it shall constitute a new
facility. No creditable emission reductions shall be generated from
shutting down the existing facility that is replaced. A replacement
facility is considered an existing facility for the purpose of determining
federal new source review applicability.
(34) Secondary emissions-- that would occur as a result
of the construction or operation of a major stationary source or major
modification, but do not come from the source or modification itself.
Secondary emissions must be specific, well-defined, quantifiable,
and impact the same general area as the stationary source or modification
that causes the secondary emissions. Secondary emissions include emissions
from any off-site support facility that would not be constructed or
increase its emissions, except as a result of the construction or
operation of the major stationary source or major modification. Secondary
emissions do not include any emissions that come directly from a mobile
source such as emissions from the tail pipe of a motor vehicle, from
a train, or from a vessel.
(35) Significant facility--A facility that emits or
has the potential to emit a plant-wide applicability limit (PAL) pollutant
in an amount that is equal to or greater than the significant level
for that PAL pollutant.
(36) Small facility--A facility that emits or has the
potential to emit the plant-wide applicability limit (PAL) pollutant
in an amount less than the significant level for that PAL pollutant.
(37) Stationary source--Any building, structure, facility,
or installation that emits or may emit any air pollutant subject to
regulation under 42 United States Code, §§7401 et seq.
(38) Temporary clean coal technology demonstration
project--A clean coal technology demonstration project that is operated
for a period of five years or less, and that complies with the state
implementation plan and other requirements necessary to attain and
maintain the national ambient air quality standards during the project
and after it is terminated.
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Source Note: The provisions of this §116.12 adopted to be effective September 13, 1993, 18 TexReg 5746; amended to be effective June 7, 1996, 21 TexReg 4790; amended to be effective April 7, 1998, 23 TexReg 3515; amended to be effective March 21, 1999, 24 TexReg 1781; amended to be effective November 1, 2001, 26 TexReg 8539; amended to be effective September 14, 2003, 28 TexReg 7763; amended to be effective June 15, 2005, 30 TexReg 3422; amended to be effective February 1, 2006, 31 TexReg 515; amended to be effective March 3, 2011, 36 TexReg 1305 and 1324;amended to be effective August 16, 2012, 37 TexReg 6049; amended to be effective April 17, 2014, 39 TexReg 2901; amended to be effective July 1, 2021, 46 TexReg 3924 |