The definitions in the Texas Clean Air Act, Chapter 101 of
this title (relating to General Air Quality Rules), and Chapter 3
of this title (relating to Definitions) apply to this chapter. In
addition, the following words and terms, when used in this chapter,
have the following meanings, unless the context clearly indicates
otherwise.
(1) Air pollutant--Any of the following regulated air
pollutants:
(A) nitrogen oxides;
(B) volatile organic compounds;
(C) any pollutant for which a national ambient air
quality standard has been promulgated;
(D) any pollutant that is subject to any standard promulgated
under Federal Clean Air Act (FCAA), §111 (Standards of Performance
for New Stationary Sources);
(E) unless otherwise specified by the United States
Environmental Protection Agency (EPA) by rule, any Class I or II substance
subject to a standard promulgated under or established by FCAA, Title
VI (Stratospheric Ozone Protection); or
(F) any pollutant subject to a standard promulgated
under FCAA, §112 (Hazardous Air Pollutants) or other requirements
established under FCAA, §112, including §112(g), (j), and
(r), including any of the following:
(i) any pollutant subject to requirements under FCAA,
§112(j). If the EPA fails to promulgate a standard by the date
established under FCAA, §112(e), any pollutant for which a subject
site would be major shall be considered to be regulated on the date
18 months after the applicable date established under FCAA, §112(e);
and
(ii) any pollutant for which the requirements of FCAA,
§112(g)(2) have been met, but only with respect to the individual
site subject to FCAA, §112(g)(2) requirement.
(2) Applicable requirement--All of the following requirements,
including requirements that have been promulgated or approved by the
United States Environmental Protection Agency (EPA) through rulemaking
at the time of issuance but have future-effective compliance dates:
(A) all of the requirements of Chapter 111 of this
title (relating to Control of Air Pollution from Visible Emissions
and Particulate Matter) as they apply to the emission units at a site;
(B) all of the requirements of Chapter 112 of this
title (relating to Control of Air Pollution from Sulfur Compounds)
as they apply to the emission units at a site;
(C) all of the requirements of Chapter 113 of this
title (relating to Standards of Performance for Hazardous Air Pollutants
and for Designated Facilities and Pollutants), as they apply to the
emission units at a site;
(D) all of the requirements of Chapter 115 of this
title (relating to Control of Air Pollution from Volatile Organic
Compounds) as they apply to the emission units at a site;
(E) all of the requirements of Chapter 117 of this
title (relating to Control of Air Pollution from Nitrogen Compounds)
as they apply to the emission units at a site;
(F) the following requirements of Chapter 101 of this
title (relating to General Air Quality Rules):
(i) Chapter 101, Subchapter A, §101.1 of this
title (relating to Definitions), insofar as the terms defined in this
section are used to define the terms used in other applicable requirements;
(ii) Chapter 101, Subchapter A, §101.3 and §101.10
of this title (relating to Circumvention; and Emissions Inventory
Requirements);
(iii) Chapter 101, Subchapter A, §101.8 and §101.9
of this title (relating to Sampling; and Sampling Ports) if the commission
or the executive director has requested such action;
(iv) Chapter 101, Subchapter F, §§101.201,
101.211, 101.221, 101.222, and 101.223 of this title (relating to
Emissions Event Reporting and Recordkeeping Requirements; Scheduled
Maintenance, Startup, and Shutdown Reporting and Recordkeeping Requirements;
Operational Requirements; Demonstrations; and Actions to Reduce Excessive
Emissions); and
(v) Chapter 101, Subchapter H of this title (relating
to Emissions Banking and Trading) as it applies to the emission units
at a site;
(G) any site-specific requirement of the state implementation
plan;
(H) all of the requirements under Chapter 106, Subchapter
A of this title (relating to General Requirements), or Chapter 116
of this title (relating to Control of Air Pollution by Permits for
New Construction or Modification) and any term or condition of any
preconstruction permit;
(I) all of the following federal requirements as they
apply to the emission units at a site:
(i) any standard or other requirement under Federal
Clean Air Act (FCAA), §111 (Standards of Performance for New
Stationary Sources);
(ii) any standard or other requirement under FCAA,
§112 (Hazardous Air Pollutants);
(iii) any standard or other requirement of the Acid
Rain program or Cross-State Air Pollution Rule;
(iv) any requirements established under FCAA, §504(b)
or §114(a)(3) (Monitoring and Analysis; or Inspections, Monitoring,
and Entry);
(v) any standard or other requirement governing solid
waste incineration under FCAA, §129 (Solid Waste Combustion);
(vi) any standard or other requirement for consumer
and commercial products under FCAA, §183(e) (Control of Emissions
from Certain Sources);
(vii) any standard or other requirement under FCAA,
§183(f) (Tank Vessel Standards);
(viii) any standard or other requirement under FCAA,
§328 (Air Pollution from Outer Continental Shelf Activities);
(ix) any standard or other requirement under FCAA,
Title VI (Stratospheric Ozone Protection), unless EPA has determined
that the requirement need not be contained in a permit;
(x) any increment or visibility requirement under FCAA,
Title I, Part C (Prevention of Significant Deterioration of Air Quality)
or any national ambient air quality standard, but only as it would
apply to temporary sources permitted under FCAA, §504(e) (Temporary
Sources); and
(xi) any FCAA, Title I, Part C (Prevention of Significant
Deterioration) permit issued by EPA; and
(J) the following are not applicable requirements under
this chapter, except as noted in subparagraph (I)(x) of this paragraph:
(i) any state or federal ambient air quality standard;
(ii) any net ground level concentration limit;
(iii) any ambient atmospheric concentration limit;
(iv) any requirement for mobile sources;
(v) any asbestos demolition or renovation requirement
under 40 Code of Federal Regulations (CFR) Part 61, Subpart M (National
Emissions Standards for Asbestos);
(vi) any requirement under 40 CFR Part 60, Subpart
AAA (Standards of Performance for New Residential Wood Heaters); and
(vii) any state only requirement (including §111.131
of this title (relating to Definitions), §111.133 of this title
(relating to Testing Requirements), §111.135 of this title (relating
to Control Requirements for Surfaces with Coatings Containing Lead),
§111.137 of this title (relating to Control Requirements for
Surfaces with Coatings Containing Less Than 1.0% Lead), and §111.139
of this title (relating to Exemptions).
(3) Continuous compliance determination method--For
purposes of Subchapter G of this chapter (relating to Periodic Monitoring
and Compliance Assurance Monitoring), a method, specified by an applicable
requirement, which satisfies the following criteria:
(A) the method is used to determine compliance with
an emission limitation or standard on a continuous basis consistent
with the averaging period established for the emission limitation
or standard; and
(B) the method provides data either in units of the
emission limitation or standard or correlated directly with the emission
limitation or standard.
(4) Control device--For the purposes of compliance
assurance monitoring applicability, specified in §122.604 of
this title (relating to Compliance Assurance Monitoring Applicability),
the control device definition specified in 40 Code of Federal Regulations
Part 64 (Compliance Assurance Monitoring) applies.
(5) Deviation--Any indication of noncompliance with
a term or condition of the permit as found using compliance method
data from monitoring, recordkeeping, reporting, or testing required
by the permit and any other credible evidence or information.
(6) Deviation limit--A designated value(s) or condition(s)
which establishes the boundary for an indicator of performance. Operation
outside of the boundary of the indicator of performance shall be considered
a deviation.
(7) Draft permit--The version of a permit available
for the 30-day comment period under public announcement or public
notice and affected state review. The draft permit may be the same
document as the proposed permit.
(8) Emission unit--A discrete or identifiable structure,
device, item, equipment, or enclosure that constitutes or contains
a point of origin of air pollutants, including appurtenances.
(A) A point of origin of fugitive emissions from individual
pieces of equipment, e.g., valves, flanges, pumps, and compressors,
shall not be considered an individual emission unit. The fugitive
emissions shall be collectively considered as an emission unit based
on their relationship to the associated process.
(B) The term may also be used in this chapter to refer
to a group of similar emission units.
(C) This term is not meant to alter or affect the definition
of the term "unit" for purposes of the Acid Rain Program.
(9) Federal Clean Air Act, §502(b)(10) changes--Changes
that contravene an express permit term. Such changes do not include
changes that would violate applicable requirements or contravene federally
enforceable permit terms and conditions that are monitoring (including
test methods), recordkeeping, reporting, or compliance certification
requirements.
(10) Final action--Issuance or denial of the permit
by the executive director.
(11) General operating permit--A permit issued under
Subchapter F of this chapter (relating to General Operating Permits),
under which multiple similar stationary sources may be authorized
to operate.
(12) Large pollutant-specific emission unit--An emission
unit with the potential to emit, taking into account control devices,
the applicable air pollutant in an amount equal to or greater than
100% of the amount, in tons per year, required for a source to be
classified as a major source, as defined in this section.
(13) Major source--
(A) For pollutants other than radionuclides, any site
that emits or has the potential to emit, in the aggregate the following
quantities:
(i) ten tons per year (tpy) or more of any single hazardous
air pollutant listed under Federal Clean Air Act (FCAA), §112(b)
(Hazardous Air Pollutants);
(ii) 25 tpy or more of any combination of hazardous
air pollutant listed under FCAA, §112(b); or
(iii) any quantity less than those identified in clause
(i) or (ii) of this subparagraph established by the United States
Environmental Protection Agency (EPA) through rulemaking.
(B) For radionuclides regulated under FCAA, §112,
the term "major source" has the meaning specified by the EPA by rule.
(C) Any site which directly emits or has the potential
to emit, 100 tpy or more of any air pollutant. The fugitive emissions
of a stationary source shall not be considered in determining whether
it is a major source, unless the stationary source belongs to one
of the following categories of stationary sources:
(i) coal cleaning plants (with thermal dryers);
(ii) kraft pulp mills;
(iii) portland cement plants;
(iv) primary zinc smelters;
(v) iron and steel mills;
(vi) primary aluminum ore reduction plants;
(vii) primary copper smelters;
(viii) municipal incinerators capable of charging more
than 250 tons of refuse per day;
(ix) hydrofluoric, sulfuric, or nitric acid plants;
(x) petroleum refineries;
(xi) lime plants;
(xii) phosphate rock processing plants;
(xiii) coke oven batteries;
(xiv) sulfur recovery plants;
(xv) carbon black plants (furnace process);
(xvi) primary lead smelters;
(xvii) fuel conversion plant;
(xviii) sintering plants;
(xix) secondary metal production plants;
(xx) chemical process plants (the term chemical processing
plant shall not include ethanol production facilities that produce
ethanol by natural fermentation included in the North American Industry
Classification System codes 312140 or 325193);
(xxi) fossil-fuel boilers (or combination thereof)
totaling more than 250 million British thermal units (Btu) per hour
heat input;
Cont'd... |
