The following words and terms, when used in this division, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) Allowance--The authorization to emit one ton of nitrogen
oxides (NOx) or sulfur dioxide (SO
2) during a control period.
(2) Authorized account representative--The responsible
person who is authorized, in writing, to transfer and otherwise manage allowances.
(3) Banked allowance--An allowance which is not used to
reconcile emissions in the designated year of allocation, but which is carried
forward into future years and noted in the compliance or broker account as
"banked."
(4) Broker--A person not required to participate in the
requirements of this division who opens an account under this division for
the purpose of banking and trading emissions allowances.
(5) Broker account--The account where allowances held
by a broker are recorded. Allowances held in a broker account may not be used
to satisfy compliance requirements for this division.
(6) Coal--All solid fuels classified as anthracite, bituminous,
subbituminous, or lignite by the American Society for Testing and Materials
Designation ASTM D388 92 ''Standard Classification of Coals by Rank'' (as
incorporated by reference in Title 40 Code of Federal Regulations, §72.13
(effective June 25, 1999)).
(7) Coal-fired--The combustion of fuel consisting of coal
as defined in paragraph (6) of this section or any coal-derived fuel (except
coal-derived gaseous fuels with a sulfur content no greater than natural gas),
alone or in combination with any other fuel. The definition is independent
of the percentage of coal or coal-derived fuel consumed during any control
period.
(8) Compliance account--The account where allowances held
by an EGF or multiple EGFs are recorded for the purposes of meeting the requirements
of this division and Chapter 116, Subchapter I of this title (relating to
Electric Generating Facility Permits). EGFs not under common ownership or
control may have separate compliance accounts.
(9) Control period--The 12-month period beginning May
1 of each year and ending April 30 of the following year. Control periods
begin May 1, 2003.
(10) East Texas Region--All counties traversed by or east
of Interstate Highway 35 north of San Antonio or traversed by or east of Interstate
Highway 37 south of San Antonio, and also including Bexar, Bosque, Coryell,
Hood, Parker, Somervell, and Wise Counties.
(11) Electing EGF--An electric generating facility permitted
under Chapter 116, Subchapter B of this title (relating to New Source Review
Permits) which is not subject to the requirements of Texas Utility Code, §39.264
and elects to comply with Chapter 116, Subchapter I of this title (relating
to Electric Generating Facility Permits).
(12) Electric generating facility (EGF)--A facility that
generates electric energy for compensation and is owned or operated by a person
in this state, including a municipal corporation, electric cooperative, or
river authority.
(13) El Paso Region--All of El Paso County, Ciudad Juarez,
Mexico, and Sunland Park, New Mexico.
(14) Grandfathered EGF--A facility that is not subject
to the requirement to obtain a permit under TCAA, §382.0518(g), and that
generates electric energy for compensation and is owned or operated by a person
in this state, including a municipal corporation, electric cooperative, or
river authority.
(15) Heat input--The heat derived from the combustion
of any fuel at an EGF. Heat input does not include the heat derived from
reheated combustion air, recirculated flue gas, or exhaust from other sources.
(16) NOx allowance--An authorization
to emit is valid only for the purposes of meeting the requirements of this
division and Chapter 116, Subchapter I of this title.
(17) Person--For the purpose of initial issuance of permits
under Chapter 116, Subchapter I of this title, and for the issuance of allowances
under this division, a person includes an individual, a partnership of two
or more persons having a joint or common interest, a mutual or cooperative
association, and a corporation, but does not include an electric cooperative.
(18) SO2 allowance--An authorization
to emit SO2 valid only for the purposes for meeting
the requirements of this division and Chapter 116, Subchapter I of this title.
(19) West Texas Region--All counties not contained in
the East Texas Region or El Paso Region.
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