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RULE §101.390Definitions

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, and storage/loading/other.

  (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 process unit.

  (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

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