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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 122FEDERAL OPERATING PERMITS PROGRAM
SUBCHAPTER ADEFINITIONS
RULE §122.10General Definitions

      (xxii) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

      (xxiii) taconite ore processing plants;

      (xxiv) glass fiber processing plants;

      (xxv) charcoal production plants;

      (xxvi) fossil fuel-fired steam electric plants of more than 250 million Btu per hour heat input; or

      (xxvii) any stationary source category regulated under FCAA, §111 (Standards of Performance for New Stationary Sources) or §112 for which the EPA has made an affirmative determination under FCAA, §302(j) (Definitions).

    (D) Any site, except those exempted under FCAA, §182(f) (NOX Requirements), which, in whole or in part, is a major source under FCAA, Title I, Part D (Plan Requirements for Nonattainment Areas), including the following:

      (i) any site with the potential to emit 100 tpy or more of volatile organic compounds (VOC) or nitrogen oxides (NOX ) in any ozone nonattainment area classified as "marginal or moderate";

      (ii) any site with the potential to emit 50 tpy or more of VOC or NOX in any ozone nonattainment area classified as "serious";

      (iii) any site with the potential to emit 25 tpy or more of VOC or NOX in any ozone nonattainment area classified as "severe";

      (iv) any site with the potential to emit ten tpy or more of VOC or NOX in any ozone nonattainment area classified as "extreme";

      (v) any site with the potential to emit 100 tpy or more of carbon monoxide (CO) in any CO nonattainment area classified as "moderate";

      (vi) any site with the potential to emit 50 tpy or more of CO in any CO nonattainment area classified as "serious";

      (vii) any site with the potential to emit 100 tpy or more of inhalable particulate matter (PM-10) in any PM-10 nonattainment area classified as "moderate";

      (viii) any site with the potential to emit 70 tpy or more of PM-10 in any PM-10 nonattainment area classified as "serious"; and

      (ix) any site with the potential to emit 100 tpy or more of lead in any lead nonattainment area.

    (E) The fugitive emissions of a stationary source shall not be considered in determining whether it is a major source under subparagraph (D) of this paragraph, unless the stationary source belongs to one of the categories of stationary sources listed in subparagraph (C) of this paragraph.

    (F) Any temporary source which is located at a site for less than six months shall not affect the determination of a major source for other stationary sources at a site under this chapter or require a revision to the existing permit at the site.

    (G) Emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not the units are in a contiguous area or under common control, to determine whether the units or stations are major sources under subparagraph (A) of this paragraph.

  (14) Notice and comment hearing--Any hearing held under this chapter. Hearings held under this chapter are for the purpose of receiving oral and written comments regarding draft permits.

  (15) Permit or federal operating permit--

    (A) any permit, or group of permits covering a site, that is issued, renewed, or revised under this chapter; or

    (B) any general operating permit issued, renewed, or revised by the executive director under this chapter.

  (16) Permit anniversary--The date that occurs every 12 months after the initial permit issuance, the initial granting of the authorization to operate, or renewal.

  (17) Permit application--An application for an initial permit, permit revision, permit renewal, permit reopening, general operating permit, or any other similar application as may be required.

  (18) Permit holder--A person who has been issued a permit or granted the authority by the executive director to operate under a general operating permit.

  (19) Permit revision--Any administrative permit revision, minor permit revision, or significant permit revision that meets the related requirements of this chapter.

  (20) Potential to emit--The maximum capacity of a stationary source to emit any air pollutant under its physical and operational design or configuration. Any certified registration established under §106.6 of this title (relating to Registration of Emissions), §116.611 of this title (relating to Registration to Use a Standard Permit), or §122.122 of this title (relating to Potential to Emit), or a permit by rule under Chapter 106 of this title (relating to Permits by Rule) or other new source review permit under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) restricting emissions or any physical or operational limitation on the capacity of a stationary source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable by the United States Environmental Protection Agency. This term does not alter or affect the use of this term for any other purposes under the Federal Clean Air Act (FCAA), or the term "capacity factor" as used in Acid Rain provisions of the FCAA or the Acid Rain rules.

  (21) Preconstruction authorization--Any authorization to construct or modify an existing facility or facilities under Chapter 106 and Chapter 116 of this title (relating to Permits by Rule; and Control of Air Pollution by Permits for New Construction or Modification). In this chapter, references to preconstruction authorization will also include the following:

    (A) any requirement established under Federal Clean Air Act (FCAA), §112(g) (Modifications); and

    (B) any requirement established under FCAA, §112(j) (Equivalent Emission Limitation by Permit).

  (22) Predictive emission monitoring system--A system that uses process and other parameters as inputs to a computer program or other data reduction system to produce values in terms of the applicable emission limitation or standard.

  (23) Proposed permit--The version of a permit that the executive director forwards to the United States Environmental Protection Agency for a 45-day review period. The proposed permit may be the same document as the draft permit.

  (24) Provisional terms and conditions--Temporary terms and conditions, established by the permit holder for an emission unit affected by a change at a site, or the promulgation or adoption of an applicable requirement or state-only requirement, under which the permit holder is authorized to operate prior to a revision or renewal of a permit or prior to the granting of a new authorization to operate.

    (A) Provisional terms and conditions will only apply to changes not requiring prior approval by the executive director.

    (B) Provisional terms and conditions shall not authorize the violation of any applicable requirement or state-only requirement.

    (C) Provisional terms and conditions shall be consistent with and accurately incorporate the applicable requirements and state-only requirements.

    (D) Provisional terms and conditions for applicable requirements and state-only requirements shall include the following:

      (i) the specific regulatory citations in each applicable requirement or state-only requirement identifying the emission limitations and standards;

      (ii) the monitoring, recordkeeping, reporting, and testing requirements associated with the emission limitations and standards identified under clause (i) of this subparagraph; and

      (iii) where applicable, the specific regulatory citations identifying any requirements that no longer apply.

  (25) Renewal--The process by which a permit or an authorization to operate under a general operating permit is renewed at the end of its term under §§122.241, 122.501, or 122.505 of this title (relating to Permit Renewals; General Operating Permits; or Renewal of the Authorization to Operate Under a General Operating Permit).

  (26) Reopening--The process by which a permit is reopened for cause and terminated or revised under §122.231 of this title (relating to Permit Reopenings).

Cont'd...

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