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, and
in §101.1 of this title (relating to Definitions), the following
words and terms, when used in Subchapter B, Divisions 5 and 6 of this
chapter (relating to Nonattainment Review Permits and Prevention of
Significant Deterioration Review); and Subchapter C, Division 1 of
this chapter (relating to Plant-Wide Applicability Limits), have the
following meanings, unless the context clearly indicates otherwise.
(1) Actual emissions--Actual emissions as of a particular
date are equal to the average rate, in tons per year, at which the
unit actually emitted the pollutant during the 24-month period that
precedes the particular date and that is representative of normal
source operation, except that this definition shall not apply for
calculating whether a significant emissions increase has occurred,
or for establishing a plant-wide applicability limit. Instead, paragraph
(3) of this section relating to baseline actual emissions shall apply
for this purpose. The executive director shall allow the use of a
different time period upon a determination that it is more representative
of normal source operation. Actual emissions shall be calculated using
the unit's actual operating hours, production rates, and types of
materials processed, stored, or combusted during the selected time
period. The executive director may presume that the source-specific
allowable emissions for the unit are equivalent to the actual emissions,
e.g., when the allowable limit is reflective of actual emissions.
For any emissions unit that has not begun normal operations on the
particular date, actual emissions shall equal the potential to emit
of the unit on that date.
(2) Allowable emissions--The emissions rate of a stationary
source, calculated using the maximum rated capacity of the source
(unless the source is subject to federally enforceable limits that
restrict the operating rate, or hours of operation, or both), and
the most stringent of the following:
(A) the applicable standards specified in 40 Code of
Federal Regulations Part 60 or 61;
(B) the applicable state implementation plan emissions
limitation including those with a future compliance date; or
(C) the emissions rate specified as a federally enforceable
permit condition including those with a future compliance date.
(3) Baseline actual emissions--The rate of emissions,
in tons per year, of a federally regulated new source review pollutant.
(A) For any existing electric utility steam generating
unit, baseline actual emissions means the average rate, in tons per
year, at which the unit actually emitted the pollutant during any
consecutive 24-month period selected by the owner or operator within
the five-year period immediately preceding when the owner or operator
begins actual construction of the project. The executive director
shall allow the use of a different time period upon a determination
that it is more representative of normal source operation.
(B) For an existing facility (other than an electric
utility steam generating unit), baseline actual emissions means the
average rate, in tons per year, at which the facility actually emitted
the pollutant during any consecutive 24-month period selected by the
owner or operator within the ten-year period immediately preceding
either the date the owner or operator begins actual construction of
the project, or the date a complete permit application is received
for a permit. The rate shall be adjusted downward to exclude any emissions
that would have exceeded an emission limitation with which the major
stationary source must currently comply with the exception of those
required under 40 Code of Federal Regulations Part 63, had such major
stationary source been required to comply with such limitations during
the consecutive 24-month period.
(C) For a new facility, the baseline actual emissions
for purposes of determining the emissions increase that will result
from the initial construction and operation of such unit shall equal
zero; and for all other purposes during the first two years following
initial operation, shall equal the unit's potential to emit.
(D) The actual average rate shall be adjusted downward
to exclude any non-compliant emissions that occurred during the consecutive
24-month period. For each regulated new source review pollutant, when
a project involves multiple facilities, only one consecutive 24-month
period must be used to determine the baseline actual emissions for
the facilities being changed. A different consecutive 24-month period
can be used for each regulated new source review pollutant. The average
rate shall not be based on any consecutive 24-month period for which
there is inadequate information for determining annual emissions,
in tons per year, and for adjusting this amount. Baseline emissions
cannot occur prior to November 15, 1990.
(E) The actual average emissions rate shall include
fugitive emissions to the extent quantifiable. Until March 1, 2016,
emissions previously demonstrated as resulting from planned maintenance,
startup, or shutdown activities; historically unauthorized; and subject
to reporting under Chapter 101 of this title (relating to General
Air Quality Rules) shall be included to the extent that they have
been authorized, or are being authorized.
(4) Basic design parameters--For a process unit at
a steam electric generating facility, the owner or operator may select
as its basic design parameters either maximum hourly heat input and
maximum hourly fuel consumption rate or maximum hourly electric output
rate and maximum steam flow rate. When establishing fuel consumption
specifications in terms of weight or volume, the minimum fuel quality
based on British thermal units content shall be used for determining
the basic design parameters for a coal-fired electric utility steam
generating unit. The basic design parameters for any process unit
that is not at a steam electric generating facility are maximum rate
of fuel or heat input, maximum rate of material input, or maximum
rate of product output. Combustion process units will typically use
maximum rate of fuel input. For sources having multiple end products
and raw materials, the owner or operator shall consider the primary
product or primary raw material when selecting a basic design parameter.
The owner or operator may propose an alternative basic design parameter
for the source's process units to the executive director if the owner
or operator believes the basic design parameter as defined in this
paragraph is not appropriate for a specific industry or type of process
unit. If the executive director approves of the use of an alternative
basic design parameter, that basic design parameter shall be identified
and compliance required in a condition in a permit that is legally
enforceable.
(A) The owner or operator shall use credible information,
such as results of historic maximum capability tests, design information
from the manufacturer, or engineering calculations, in establishing
the magnitude of the basic design parameter.
(B) If design information is not available for a process
unit, the owner or operator shall determine the process unit's basic
design parameter(s) using the maximum value achieved by the process
unit in the five-year period immediately preceding the planned activity.
(C) Efficiency of a process unit is not a basic design
parameter.
(5) Begin actual construction--In general, initiation
of physical on-site construction activities on an emissions unit that
are of a permanent nature. Such activities include, but are not limited
to, installation of building supports and foundations, laying of underground
pipework, and construction of permanent storage structures. With respect
to a change in method of operation, this term refers to those on-site
activities other than preparatory activities that mark the initiation
of the change.
(6) Building, structure, facility, or installation--All
of the pollutant-emitting activities that belong to the same industrial
grouping, are located in one or more contiguous or adjacent properties,
and are under the control of the same person (or persons under common
control). Pollutant-emitting activities are considered to be part
of the same industrial grouping if they belong to the same "major
group" (i.e., that have the same two-digit code) as described in the
Standard Industrial Classification Manual, 1972, as amended by the
1977 supplement.
(7) Carbon dioxide equivalent (CO2 e)
emissions--shall represent an amount of greenhouse gases (GHGs) emitted,
and shall be computed by multiplying the mass amount of emissions
in tons per year (tpy) for the GHGs, as defined in §101.1 of
this title (relating to Definitions), by the gas's associated global
warming potential as published in 40 Code of Federal Regulations Part
98, Subpart A, Table A-1 - Global Warming Potentials, and summing
the resultant values.
(8) Clean coal technology--Any technology, including
technologies applied at the precombustion, combustion, or post-combustion
stage, at a new or existing facility that will achieve significant
reductions in air emissions of sulfur dioxide or oxides of nitrogen
associated with the utilization of coal in the generation of electricity,
or process steam that was not in widespread use as of November 15,
1990.
(9) Clean coal technology demonstration project--A
project using funds appropriated under the heading "Department of
Energy-Clean Coal Technology," up to a total amount of $2.5 billion
for commercial demonstration of clean coal technology, or similar
projects funded through appropriations for the United States Environmental
Protection Agency. The federal contribution for a qualifying project
shall be at least 20% of the total cost of the demonstration project.
(10) Commence--As applied to construction of a major
stationary source or major modification, means that the owner or operator
has all necessary preconstruction approvals or permits and either
has:
(A) begun, or caused to begin, a continuous program
of actual on-site construction of the source, to be completed within
a reasonable time; or
(B) entered into binding agreements or contractual
obligations, which cannot be canceled or modified without substantial
loss to the owner or operator, to undertake a program of actual construction
of the source to be completed within a reasonable time.
(11) Construction--Any physical change or change in
the method of operation (including fabrication, erection, installation,
demolition, or modification of an emissions unit) that would result
in a change in actual emissions.
(12) Contemporaneous period--For major sources the
period between:
(A) the date that the increase from the particular
change occurs; and
(B) 60 months prior to the date that construction on
the particular change commences.
(13) De minimis threshold
test (netting)--A method of determining if a proposed emission increase
will trigger nonattainment or prevention of significant deterioration
review. The summation of the proposed project emission increase in
tons per year with all other creditable source emission increases
and decreases during the contemporaneous period is compared to the
significant level for that pollutant. If the significant level is
exceeded, then prevention of significant deterioration and/or nonattainment
review is required.
(14) Electric utility steam generating unit--Any steam
electric generating unit that is constructed for the purpose of supplying
more than one-third of its potential electric output capacity and
more than 25 megawatts electrical output to any utility power distribution
system for sale. Any steam supplied to a steam distribution system
for the purpose of providing steam to a steam-electric generator that
would produce electrical energy for sale is included in determining
the electrical energy output capacity of the affected facility.
(15) Federally regulated new source review pollutant--As
defined in subparagraphs (A) - (E) of this paragraph:
(A) any pollutant for which a national ambient air
quality standard has been promulgated and any constituents or precursors
for such pollutants identified by the United States Environmental
Protection Agency;
(B) except for greenhouse gases, any pollutant that
is subject to any standard promulgated under Federal Clean Air Act
(FCAA), §111;
(C) any Class I or II substance subject to a standard
promulgated under or established by FCAA, Title VI;
(D) any pollutant that otherwise is subject to regulation
under the FCAA; except that any or all hazardous air pollutants either
listed in FCAA, §112 or added to the list under FCAA, §112(b)(2),
which have not been delisted under FCAA, §112(b)(3), are not
regulated new source review pollutants unless the listed hazardous
air pollutant is also regulated as a constituent or precursor of a
general pollutant listed under FCAA, §108; or
(E) greenhouse gases that meet or exceed the thresholds
established in §116.164 of this title (relating to Prevention
of Significant Deterioration Applicability for Greenhouse Gases Sources).
(16) Greenhouse gases (GHGs)--as defined in §101.1
of this title (relating to Definitions).
(17) Lowest achievable emission rate--For any emitting
facility, that rate of emissions of a contaminant that does not exceed
the amount allowable under applicable new source performance standards
promulgated by the United States Environmental Protection Agency under
42 United States Code, §7411, and that reflects the following:
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