| (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
(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";
(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
(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
(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
(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).
(27) Site--The total of all stationary sources located
on one or more contiguous or adjacent properties, which are under
common control of the same person (or persons under common control).
A research and development operation and a collocated manufacturing
facility shall be considered a single site if they each have the same
two-digit Major Group Standard Industrial Classification code (as
described in the Standard Industrial Classification Manual, 1987)
or the research and development operation is a support facility for
the manufacturing facility.
(28) State-only requirement--Any requirement governing
the emission of air pollutants from stationary sources that may be
codified in the permit at the discretion of the executive director.
State-only requirements shall not include any requirement required
under the Federal Clean Air Act or under any applicable requirement.
(29) Stationary source--Any building, structure, facility,
or installation that emits or may emit any air pollutant. Nonroad
engines, as defined in 40 Code of Federal Regulations Part 89 (Control
of Emissions from New and In-use Nonroad Engines), shall not be considered
stationary sources for the purposes of this chapter.
|Source Note: The provisions of this §122.10 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective March 4, 1999, 24 TexReg 1387; amended to be effective September 4, 2000, 25 TexReg 8688; amended to be effective June 3, 2001, 26 TexReg 3747; amended to be effective December 11, 2002, 27 TexReg 11580; amended to be effective August 3, 2006, 31 TexReg 6000; amended to be effective March 4, 2010, 35 TexReg 1756; amended to be effective April 17, 2014, 39 TexReg 2927; amended to be effective February 23, 2017, 42 TexReg 688