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 that are defined by the TCAA, the
following terms, when used in the air quality rules in this title,
have the following meanings, unless the context clearly indicates
(1) Account--For those sources required to be permitted
under Chapter 122 of this title (relating to Federal Operating Permits
Program), all sources that are aggregated as a site. For all other
sources, any combination of sources under common ownership or control
and located on one or more contiguous properties, or properties contiguous
except for intervening roads, railroads, rights-of-way, waterways,
or similar divisions.
(2) Acid gas flare--A flare used exclusively for the
incineration of hydrogen sulfide and other acidic gases derived from
natural gas sweetening processes.
(3) Agency established facility identification number--For
the purposes of Subchapter F of this chapter (relating to Emissions
Events and Scheduled Maintenance, Startup, and Shutdown Activities),
a unique alphanumeric code required to be assigned by the owner or
operator of a regulated entity that the emission inventory reporting
requirements of §101.10 of this title (relating to Emissions
Inventory Requirements) are applicable to each facility at that regulated
(4) Ambient air--That portion of the atmosphere, external
to buildings, to which the general public has access.
(5) Background--Background concentration, the level
of air contaminants that cannot be reduced by controlling emissions
from man-made sources. It is determined by measuring levels in non-urban
(6) Boiler--Any combustion equipment fired with solid,
liquid, and/or gaseous fuel used to produce steam or to heat water.
(7) Capture system--All equipment (including, but not
limited to, hoods, ducts, fans, booths, ovens, dryers, etc.) that
contains, collects, and transports an air pollutant to a control device.
(8) Captured facility--A manufacturing or production
facility that generates an industrial solid waste or hazardous waste
that is routinely stored, processed, or disposed of on a shared basis
in an integrated waste management unit owned, operated by, and located
within a contiguous manufacturing complex.
(9) Carbon adsorber--An add-on control device that
uses activated carbon to adsorb volatile organic compounds from a
(10) Carbon adsorption system--A carbon adsorber with
an inlet and outlet for exhaust gases and a system to regenerate the
(11) Coating--A material applied onto or impregnated
into a substrate for protective, decorative, or functional purposes.
Such materials include, but are not limited to, paints, varnishes,
sealants, adhesives, thinners, diluents, inks, maskants, and temporary
(12) Cold solvent cleaning--A batch process that uses
liquid solvent to remove soils from the surfaces of parts or to dry
the parts by spraying, brushing, flushing, and/or immersion while
maintaining the solvent below its boiling point. Wipe cleaning (hand
cleaning) is not included in this definition.
(13) Combustion unit--Any boiler plant, furnace, incinerator,
flare, engine, or other device or system used to oxidize solid, liquid,
or gaseous fuels, but excluding motors and engines used in propelling
land, water, and air vehicles.
(14) Combustion turbine--Any gas turbine system that
is gas and/or liquid fuel fired with or without power augmentation.
This unit is either attached to a foundation or is portable equipment
operated at a specific minor or major source for more than 90 days
in any 12-month period. Two or more gas turbines powering one shaft
will be treated as one unit.
(15) Commercial hazardous waste management facility--Any
hazardous waste management facility that accepts hazardous waste or
polychlorinated biphenyl compounds for a charge, except a captured
facility that disposes only waste generated on-site or a facility
that accepts waste only from other facilities owned or effectively
controlled by the same person.
(16) Commercial incinerator--An incinerator used to
dispose of waste material from retail and wholesale trade establishments.
(17) Commercial medical waste incinerator--A facility
that accepts for incineration medical waste generated outside the
property boundaries of the facility.
(18) Component--A piece of equipment, including, but
not limited to, pumps, valves, compressors, and pressure relief valves
that has the potential to leak volatile organic compounds.
(19) Condensate--Liquids that result from the cooling
and/or pressure changes of produced natural gas. Once these liquids
are processed at gas plants or refineries or in any other manner,
they are no longer considered condensates.
(20) Construction-demolition waste--Waste resulting
from construction or demolition projects.
(21) Control system or control device--Any part, chemical,
machine, equipment, contrivance, or combination of same, used to destroy,
eliminate, reduce, or control the emission of air contaminants to
(22) Conveyorized degreasing--A solvent cleaning process
that uses an automated parts handling system, typically a conveyor,
to automatically provide a continuous supply of parts to be cleaned
or dried using either cold solvent or vaporized solvent. A conveyorized
degreasing process is fully enclosed except for the conveyor inlet
and exit portals.
(23) Criteria pollutant or standard--Any pollutant
for which there is a national ambient air quality standard established
under 40 Code of Federal Regulations Part 50.
(24) Custody transfer--The transfer of produced crude
oil and/or condensate, after processing and/or treating in the producing
operations, from storage tanks or automatic transfer facilities to
pipelines or any other forms of transportation.
(25) 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 that
has undergone a major modification that does not exceed the significance
levels as specified in 40 Code of Federal Regulations §51.165(b)(2).
(26) Domestic wastes--The garbage and rubbish normally
resulting from the functions of life within a residence.
(27) Emissions banking--A system for recording emissions
reduction credits so they may be used or transferred for future use.
(28) Emissions event--Any upset event or unscheduled
maintenance, startup, or shutdown activity, from a common cause that
results in unauthorized emissions of air contaminants from one or
more emissions points at a regulated entity.
(29) Emissions reduction credit--Any stationary source
emissions reduction that has been banked in accordance with Subchapter
H, Division 1 of this chapter (relating to Emission Credit Program).
(30) Emissions reduction credit certificate--The certificate
issued by the executive director that indicates the amount of qualified
reduction available for use as offsets and the length of time the
reduction is eligible for use.
(31) Emissions unit--Any part of a stationary source
that emits, or would have the potential to emit, any pollutant subject
to regulation under the Federal Clean Air Act.
(32) Excess opacity event--When an opacity reading
is equal to or exceeds 15 additional percentage points above an applicable
opacity limit, averaged over a six-minute period.
(33) Exempt solvent--Those carbon compounds or mixtures
of carbon compounds used as solvents that have been excluded from
the definition of volatile organic compound.
(34) External floating roof--A cover or roof in an
open top tank that rests upon or is floated upon the liquid being
contained and is equipped with a single or double seal to close the
space between the roof edge and tank shell. A double seal consists
of two complete and separate closure seals, one above the other, containing
an enclosed space between them.
(35) Federal motor vehicle regulation--Control of Air
Pollution from Motor Vehicles and Motor Vehicle Engines, 40 Code of
Federal Regulations Part 85.
(36) Federally enforceable--All limitations and conditions
that are enforceable by the United States Environmental Protection
Agency administrator, including those requirements developed under
40 Code of Federal Regulations (CFR) Parts 60 and 61; requirements
within any applicable state implementation plan (SIP); and any permit
requirements established under 40 CFR §52.21 or under regulations
approved under 40 CFR Part 51, Subpart 1, including operating permits
issued under the approved program that is incorporated into the SIP
and that expressly requires adherence to any permit issued under such
(37) Flare--An open combustion unit (i.e., lacking
an enclosed combustion chamber) whose combustion air is provided by
uncontrolled ambient air around the flame, and that is used as a control
device. A flare may be equipped with a radiant heat shield (with or
without a refractory lining), but is not equipped with a flame air
control damping system to control the air/fuel mixture. In addition,
a flare may also use auxiliary fuel. The combustion flame may be elevated
or at ground level. A vapor combustor, as defined in this section,
is not considered a flare.
(38) Fuel oil--Any oil meeting the American Society
for Testing and Materials (ASTM) specifications for fuel oil in ASTM
D396-01, Standard Specifications for Fuel Oils, revised 2001. This
includes fuel oil grades 1, 1 (Low Sulfur), 2, 2 (Low Sulfur), 4 (Light),
4, 5 (Light), 5 (Heavy), and 6.
(39) Fugitive emission--Any gaseous or particulate
contaminant entering the atmosphere that could not reasonably pass
through a stack, chimney, vent, or other functionally equivalent opening
designed to direct or control its flow.
(40) Garbage--Solid waste consisting of putrescible
animal and vegetable waste materials resulting from the handling,
preparation, cooking, and consumption of food, including waste materials
from markets, storage facilities, and handling and sale of produce
and other food products.
(41) Gasoline--Any petroleum distillate having a Reid
vapor pressure of four pounds per square inch (27.6 kilopascals) or
greater that is produced for use as a motor fuel, and is commonly
(42) Greenhouse gases (GHGs)--the aggregate group of
six greenhouse gases: carbon dioxide (CO2),
nitrous oxide (N2O), methane (CH4 ), hydrofluorocarbons (HFCs), perfluorocarbons
(PFCs), and sulfur hexafluoride (SF6 ).
(43) Hazardous wastes--Any solid waste identified or
listed as a hazardous waste by the administrator of the United States
Environmental Protection Agency under the federal Solid Waste Disposal
Act, as amended by Resource Conservation and Recovery Act, 42 United
States Code, §§6901 et seq., as
(44) Heatset (used in offset lithographic printing)--Any
operation where heat is required to evaporate ink oil from the printing
ink. Hot air dryers are used to deliver the heat.
(45) High-bake coatings--Coatings designed to cure
at temperatures above 194 degrees Fahrenheit.
(46) High-volume low-pressure spray guns--Equipment
used to apply coatings by means of a spray gun that operates between
0.1 and 10.0 pounds per square inch gauge air pressure measured at
the air cap.
(47) Incinerator--An enclosed combustion apparatus
and attachments that is used in the process of burning wastes for
the primary purpose of reducing its volume and weight by removing
the combustibles of the waste and is equipped with a flue for conducting
products of combustion to the atmosphere. Any combustion device that
burns 10% or more of solid waste on a total British thermal unit (Btu)
heat input basis averaged over any one-hour period is considered to
be an incinerator. A combustion device without instrumentation or
methodology to determine hourly flow rates of solid waste and burning
1.0% or more of solid waste on a total Btu heat input basis averaged
annually is also considered to be an incinerator. An open-trench type
(with closed ends) combustion unit may be considered an incinerator
when approved by the executive director. Devices burning untreated
wood scraps, waste wood, or sludge from the treatment of wastewater
from the process mills as a primary fuel for heat recovery are not
included under this definition. Combustion devices permitted under
this title as combustion devices other than incinerators will not
be considered incinerators for application of any rule within this
title provided they are installed and operated in compliance with
the condition of all applicable permits.
(48) Industrial boiler--A boiler located on the site
of a facility engaged in a manufacturing process where substances
are transformed into new products, including the component parts of
products, by mechanical or chemical processes.