| (23) Offset ratio--For the purpose of satisfying the
emissions offset reduction requirements of 42 United States Code, §7503(a)(1)(A),
the emissions offset ratio is the ratio of total actual reductions
of emissions to total emissions increases of such pollutants. The
minimum offset ratios are included in Table I of this section under
the definition of major modification. In order for a reduction to
qualify as an offset, it must be certified as an emission credit under
Chapter 101, Subchapter H, Division 1 or 4 of this title (relating
to Emission Credit Banking and Trading; or Discrete Emission Credit
Banking and Trading), except as provided for in §116.170(b) of
this title (relating to Applicability of Emission Reductions as Offsets).
The reduction must not have been relied on in the issuance of a previous
nonattainment or prevention of significant deterioration permit.
(24) Plant-wide applicability limit--An emission limitation
expressed, in tons per year, for a pollutant at a major stationary
source, that is enforceable and established in a plant-wide applicability
limit permit under §116.186 of this title (relating to General
and Special Conditions).
(25) Plant-wide applicability limit effective date--The
date of issuance of the plant-wide applicability limit permit.
(26) Plant-wide applicability limit major modification--Any
physical change in, or change in the method of operation of the plant-wide
applicability limit source that causes it to emit the plant-wide applicability
limit pollutant at a level equal to or greater than the plant-wide
applicability limit.
(27) Plant-wide applicability limit permit--The new
source review permit that establishes the plant-wide applicability
limit.
(28) Plant-wide applicability limit pollutant--The
pollutant for which a plant-wide applicability limit is established
at a major stationary source.
(29) Potential to emit--The maximum capacity of a stationary
source to emit a pollutant under its physical and operational design.
Any physical or enforceable operational limitation on the capacity
of the stationary source to emit a pollutant, including air pollution
control equipment and restrictions on hours of operation or on the
type or amount of material combusted, stored, or processed, may be
treated as part of its design only if the limitation or the effect
it would have on emissions is federally enforceable. Secondary emissions,
as defined in 40 Code of Federal Regulations §51.165(a)(1)(viii),
do not count in determining the potential to emit for a stationary
source.
(30) Project net--The sum of the following: the project
emissions increase, minus any sourcewide creditable emission decreases
proposed at the source between the date of application for the modification
and the date the resultant modification begins emitting. Baseline
actual emissions shall be used to determine emissions increases and
decreases. Increases and decreases must meet the creditability criteria
listed under the definition of net emissions increase in this section.
(31) Projected actual emissions--The maximum annual
rate, in tons per year, at which an existing facility is projected
to emit a federally regulated new source review pollutant in any rolling
12-month period during the five years following the date the facility
resumes regular operation after the project, or in any one of the
ten years following that date, if the project involves increasing
the facility's design capacity or its potential to emit that federally
regulated new source review pollutant. In determining the projected
actual emissions, the owner or operator of the major stationary source
shall include unauthorized emissions from planned maintenance, startup,
or shutdown activities, which were historically unauthorized and subject
to reporting under Chapter 101 of this title (relating to General
Air Quality Rules), to the extent they have been authorized, or are
being authorized; and fugitive emissions to the extent quantifiable;
and shall consider all relevant information, including, but not limited
to, historical operational data, the company's own representations,
the company's expected business activity and the company's highest
projections of business activity, the company's filings with the state
or federal regulatory authorities, and compliance plans under the
approved state implementation plan.
(32) Project emissions increase--The sum of emissions
increases for each modified or affected facility determined using
the following methods:
(A) for existing facilities, the difference between
the projected actual emissions and the baseline actual emissions.
In calculating any increase in emissions that results from the project,
that portion of the facility's emissions following the project that
the facility could have accommodated during the consecutive 24-month
period used to establish the baseline actual emissions and that are
also unrelated to the particular project, including any increased
utilization due to product demand growth may be excluded from the
project emission increase. The potential to emit from the facility
following completion of the project may be used in lieu of the projected
actual emission rate; and
(B) for new facilities, the difference between the
potential to emit from the facility following completion of the project
and the baseline actual emissions.
(33) Replacement facility--A facility that satisfies
the following criteria:
(A) the facility is a reconstructed unit within the
meaning of 40 Code of Federal Regulations §60.15(b)(1), or the
facility replaces an existing facility;
(B) the facility is identical to or functionally equivalent
to the replaced facility;
(C) the replacement does not alter the basic design
parameters of the process unit;
(D) the replaced facility is permanently removed from
the major stationary source, otherwise permanently disabled, or permanently
barred from operation by a permit that is enforceable. If the replaced
facility is brought back into operation, it shall constitute a new
facility. No creditable emission reductions shall be generated from
shutting down the existing facility that is replaced. A replacement
facility is considered an existing facility for the purpose of determining
federal new source review applicability.
(34) Secondary emissions--Emissions that would occur
as a result of the construction or operation of a major stationary
source or major modification, but do not come from the source or modification
itself. Secondary emissions must be specific, well-defined, quantifiable,
and impact the same general area as the stationary source or modification
that causes the secondary emissions. Secondary emissions include emissions
from any off-site support facility that would not be constructed or
increase its emissions, except as a result of the construction or
operation of the major stationary source or major modification. Secondary
emissions do not include any emissions that come directly from a mobile
source such as emissions from the tail pipe of a motor vehicle, from
a train, or from a vessel.
(35) Significant facility--A facility that emits or
has the potential to emit a plant-wide applicability limit (PAL) pollutant
in an amount that is equal to or greater than the significant level
for that PAL pollutant.
(36) Small facility--A facility that emits or has the
potential to emit the plant-wide applicability limit (PAL) pollutant
in an amount less than the significant level for that PAL pollutant.
(37) Stationary source--Any building, structure, facility,
or installation that emits or may emit any air pollutant subject to
regulation under 42 United States Code, §§7401 et seq.
(38) Temporary clean coal technology demonstration
project--A clean coal technology demonstration project that is operated
for a period of five years or less, and that complies with the state
implementation plan and other requirements necessary to attain and
maintain the national ambient air quality standards during the project
and after it is terminated.
|
| Source Note: The provisions of this §116.12 adopted to be effective September 13, 1993, 18 TexReg 5746; amended to be effective June 7, 1996, 21 TexReg 4790; amended to be effective April 7, 1998, 23 TexReg 3515; amended to be effective March 21, 1999, 24 TexReg 1781; amended to be effective November 1, 2001, 26 TexReg 8539; amended to be effective September 14, 2003, 28 TexReg 7763; amended to be effective June 15, 2005, 30 TexReg 3422; amended to be effective February 1, 2006, 31 TexReg 515; amended to be effective March 3, 2011, 36 TexReg 1305 and1324;amended to be effective August 16, 2012, 37 TexReg 6049; amended to be effective April 17, 2014, 39 TexReg 2901 |
