Unless specifically defined in the Texas Clean Air Act or in
§3.2 or §101.1 of this title (relating to Definitions),
the terms used by the commission have the meanings commonly ascribed
to them in the field of air pollution control. In addition, the following
words and terms, when used in this division, have the following meanings,
unless the context clearly indicates otherwise.
(1) Affected facility--A facility subject to §115.720
or §115.760 of this title (relating to Applicability and Definitions;
and Applicability and Cooling Tower Heat Exchange System Definitions)
that is located at a site that is subject to this division.
(2) Allowance--The authorization to emit one ton of
highly reactive volatile organic compounds, expressed in tenths of
a ton, during a control period.
(3) Authorized account representative--The responsible
person who is authorized in writing to transfer and otherwise manage
allowances for the site.
(4) Baseline emissions period--The two consecutive
control periods from 2006 - 2009 with the highest monitored average
actual highly reactive volatile organic compound emissions for the
purpose of establishing baseline emissions used for the allocation
of allowances, except as allowed under §101.394(a)(2) and (3)
of this title (relating to Allocation of Allowances).
(5) Broker--A person not required to participate in
the requirements of this division who opens an account under this
division only for the purpose of banking and trading allowances.
(6) Broker account--The account where allowances held
by a broker are recorded. Allowances may not be used to satisfy compliance
requirements for this division while held in a broker account.
(7) Compliance account--The account in which allowances
held by the owner or operator of a site are recorded for the purposes
of meeting the requirements of this division for each affected facility
at that site.
(8) Control period--The 12-month period beginning January
1 and ending December 31 of each year. The initial control period
began January 1, 2007.
(9) Highly reactive volatile organic compounds--As
defined in §115.10 of this title (relating to Definitions).
(10) Houston-Galveston-Brazoria (HGB) ozone nonattainment
area--An area consisting of Brazoria, Chambers, Fort Bend, Galveston,
Harris, Liberty, Montgomery, and Waller Counties.
(11) Industry sector--One of the following sectors
of industry in which participants of the Highly Reactive Volatile
Organic Compounds (HRVOC) Emissions Cap and Trade program are assigned,
according to the process type and products from which the largest
share of HRVOC emissions is associated, for the purpose of assigning
an industry sector share under the allocation equation located in
§101.394(a)(1) of this title (relating to Allocation of Allowances):
petroleum refining, non-polymer chemical producers, polymer producers,
(12) Level of activity--The amount of highly reactive
volatile organic compounds (HRVOCs) in pounds produced as an intermediate,
by-product, or final product or used by a process unit during a given
period of time, but excluding any recycled HRVOCs internal to the
(13) Site--As defined in §122.10 of this title
(relating to General Definitions).
(14) Uncontrolled emissions--The total emissions during
routine normal operations from each affected facility calculated as
pre-control using the applicable control efficiency for the purpose
of determining site allocations under §101.394(a)(1) of this
title (relating to Allocation of Allowances).
(15) Vintage allowance--An allowance that is not used
for compliance during the control period in which it is allocated
and remains available for use only in the following control period.
|Source Note: The provisions of this §101.390 adopted to be effective December 23, 2004, 29 TexReg 11592; amended to be effective April 1, 2010, 35 TexReg 2556; amended to be effective June 25, 2015, 40 TexReg 3848