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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 116CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR MODIFICATION
SUBCHAPTER ADEFINITIONS
RULE §116.12Nonattainment and Prevention of Significant Deterioration Review Definitions

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.


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

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