The following terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise.

1. (1) Actual emissions--As defined in §101.10(b) of this title (relating to Emissions Inventory Requirements).
2. (2) Area §185 Obligation--The total annual amount of §185 fee due from all applicable major stationary sources in a severe or extreme ozone nonattainment area that failed to attain the one-hour ozone National Ambient Air Quality Standard by its applicable attainment date of November 15, 2007.
3. (3) Attainment date--The date an area is scheduled to attain the National Ambient Air Quality Standard for one-hour ozone, as documented in the state implementation plan. For the Houston-Galveston-Brazoria one-hour ozone nonattainment area, this is November 15, 2007.
4. (4) Attainment year--For the Houston-Galveston-Brazoria one-hour ozone standard, the attainment year is calendar year 2007.
5. (5) Baseline amount--Tons of volatile organic compounds and/or nitrogen oxides emissions calculated separately at a major stationary source, using data submitted to and recorded by the commission, under §101.106 of this title (relating to Baseline Amount Calculation).

6. (6) Baseline emissions--Emissions reported in tons in the annual emissions inventory submitted to and recorded by the agency each calendar year per the requirements of §101.10 of this title adjusted as follows.

   1. (A) The baseline emissions must include all annual emissions associated with authorized normal operations, startups, shutdowns, and maintenance activities and excludes emissions from emissions events reported.
   2. (B) For regulated entities with emissions that are irregular, cyclic, or have emissions that vary significantly, the baseline emissions may be determined from an average of a consecutive 24-month period as allowed under §101.106(b)(2) of this title.
7. (7) Electric utility steam generating unit--Any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is included in determining the electrical energy output capacity of the affected facility.
8. (8) Emissions unit--As defined in §101.1 of this title (relating to Definitions).
9. (9) Equivalency credits--An amount equivalent to the revenue collected in accordance with §101.102 of this title (relating to Equivalent Alternative Fee) for accumulation in the Fee Equivalency Account.
10. (10) Major stationary source--As defined under §116.12 of this title (relating to Nonattainment and Prevention of Significant Deterioration Review Definitions).
11. (11) Section 185 Account--The name of a group of one or more major stationary sources, under common control in the Houston Galveston-Brazoria one-hour ozone standard nonattainment area.

Source Note:The provisions of this §101.100 adopted to be effective June 12, 2013, 38 TexReg 3610.