The definitions in the Texas Clean Air Act, Chapter 101 of this title (relating to General Rules), and Chapter 3 of this title (relating to Definitions) apply to this chapter. In addition, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Air pollutant--Any of the following regulated air pollutants:

   1. (A) nitrogen oxides;
   2. (B) volatile organic compounds;
   3. (C) any pollutant for which a National Ambient Air Quality Standard (NAAQS) has been promulgated;
   4. (D) any pollutant that is subject to any standard promulgated under FCAA, §111 (Standards of Performance for New Stationary Sources);
   5. (E) unless otherwise specified by the EPA by rule, any Class I or II substance subject to a standard promulgated under or established by FCAA, Title VI (Stratospheric Ozone Protection); or
   6. (F) any pollutant subject to a standard promulgated under FCAA, §112 (Hazardous Air Pollutants) or other requirements established under §112, including §112(g) and (j). However, a pollutant shall not be considered an air pollutant under this chapter solely because it is subject to standards or requirements under §112(r).

2. (2) Applicable requirement--

   1. (A) All of the requirements of Chapter 111 of this title (relating to Control of Air Pollution from Visible Emissions and Particulate Matter) as they apply to the emission units at a site.
   2. (B) All of the requirements of Chapter 112 of this title (relating to Sulfur Compounds) as they apply to the emission units at a site.
   3. (C) All of the requirements of Chapter 113 of this title (relating to Control of Air Pollution from Toxic Materials), as they apply to the emission units at a site.
   4. (D) All of the requirements of Chapter 115 of this title (relating to Control of Air Pollution from Volatile Organic Compounds) as they apply to the emission units at a site.
   5. (E) All of the requirements of Chapter 117 of this title (relating to Control of Air Pollution from Nitrogen Compounds) as they apply to the emission units at a site.
   6. (F) All of the requirements of Chapter 119 of this title (relating to Control of Air Pollution from Carbon Monoxide) as they apply to the emission units at a site.
   7. (G) Any site specific requirement of the state implementation plan (SIP).
   8. (H) Any term or condition of any preconstruction permits issued under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) as necessary to implement the requirements of regulations approved or promulgated through rulemaking under FCAA, Title I, Parts C or D (Prevention of Significant Deterioration of Air Quality or Plan Requirements for Nonattainment Areas).

   9. (I) All of the following federal requirements as they apply to the emission units at a site:

      1. (i) any standard or other requirement under FCAA, §111 (Standards of Performance for New Stationary Sources);
      2. (ii) any standard or other requirement under FCAA, §112 (Hazardous Air Pollutants);
      3. (iii) any standard or other requirement of the Acid Rain Program;
      4. (iv) any requirements established under FCAA, §504(b) or §114(a)(3) (Monitoring and Analysis or Inspections, Monitoring, and Entry);
      5. (v) any standard or other requirement governing solid waste incineration under FCAA, §129 (Solid Waste Combustion);
      6. (vi) any standard or other requirement for consumer and commercial products under FCAA, §183(e) (Federal Ozone Measures);
      7. (vii) any standard or other requirement under FCAA, §183(f) (Tank Vessel Standards);
      8. (viii) any standard or other requirement under FCAA, §328 (Air Pollution from Outer Continental Shelf Activities);
      9. (ix) any standard or other requirement under FCAA, Title VI (Stratospheric Ozone Protection), unless EPA has determined that the requirement need not be contained in a permit; and
      10. (x) any increment or visibility requirement under FCAA, Title I, Part C or any NAAQS, but only as it would apply to temporary sources permitted under FCAA, §504(e) (Temporary Sources).
   10. (J) State and federal ambient air quality standards, net ground level concentration limits, ambient atmospheric concentration limits, requirements for mobile sources, and state-only requirements (including §§111.131 of this title (relating to Definitions), 111.133 of this title (relating to Testing Requirements), 111.135 of this title (relating to Control Requirements for Surfaces with Coatings Containing Lead), 111.137 of this title (relating to Control Requirements for Surface Coatings Containing Less than 1.0% Lead), and 111.139 of this title (relating to Exemptions)) are not applicable requirements under this chapter, except as noted in subparagraph (I)(x) of this paragraph.
   11. (K) Any requirements noted in this definition which have been promulgated by the EPA, but have not been adopted by and delegated to the commission are federally enforceable only. These applicable requirements will be designated as federally enforceable only in the permit.
3. (3) Deviation--Any indication of noncompliance with a term or condition of the permit, as found using, at a minimum, compliance method data from monitoring, recordkeeping, reporting, or testing required by the permit.
4. (4) Draft permit--The version of a permit available for the 30-day comment period under public announcement or public notice and affected state review.

5. (5) Emission unit--The smallest discrete or identifiable structure, device, item, equipment, or enclosure that constitutes or contains a point of origin of air pollutants.

   1. (A) A point of origin of fugitive emissions from individual pieces of equipment, e.g., valves, flanges, pumps, and compressors, shall not be considered an individual emission unit. The fugitive emissions shall be collectively considered as an emission unit based on their relationship to the associated process.
   2. (B) The term may also be used in this chapter to refer to a group of similar emission units.
   3. (C) This term is not meant to alter or affect the definition of the term "unit" for purposes of the acid rain program.
6. (6) Final action--Issuance or denial of the permit by the executive director.
7. (7) General operating permit--A permit by rule issued under Subchapter F of this chapter (relating to General Operating Permits), under which multiple stationary sources may be authorized to operate.

8. (8) Major source--

   1. (A) For pollutants other than radionuclides, any site that emits or has the potential to emit, in the aggregate the following quantities:

      1. (i) ten tons per year (tpy) or more of any single hazardous air pollutant listed under FCAA, §112(b) (Hazardous Air Pollutants);
      2. (ii) 25 tpy or more of any combination of hazardous air pollutant listed under FCAA, §112(b); or
      3. (iii) any quantity less than those identified in clause (i) or (ii) of this subparagraph established by the EPA through rulemaking.
   2. (B) For radionuclides regulated under FCAA, §112, the term "major source" shall have the meaning specified by the EPA by rule.

   3. (C) Any site which directly emits or has the potential to emit, 100 tpy or more of any air pollutant. The fugitive emissions of a stationary source shall not be considered in determining whether it is a major source, unless the stationary source belongs to one of the following categories of stationary sources:

      1. (i) coal cleaning plants (with thermal dryers);
      2. (ii) kraft pulp mills;
      3. (iii) portland cement plants;
      4. (iv) primary zinc smelters;
      5. (v) iron and steel mills;
      6. (vi) primary aluminum ore reduction plants;
      7. (vii) primary copper smelters;
      8. (viii) municipal incinerators capable of charging more than 250 tons of refuse per day;
      9. (ix) hydrofluoric, sulfuric, or nitric acid plants;
      10. (x) petroleum refineries;
      11. (xi) lime plants;
      12. (xii) phosphate rock processing plants;
      13. (xiii) coke oven batteries;
      14. (xiv) sulfur recovery plants;
      15. (xv) carbon black plants (furnace process);
      16. (xvi) primary lead smelters;
      17. (xvii) fuel conversion plant;
      18. (xviii) sintering plants;
      19. (xix) secondary metal production plants;
      20. (xx) chemical process plants;
      21. (xxi) fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units (Btu) per hour heat input;
      22. (xxii) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;
      23. (xxiii) taconite ore processing plants;
      24. (xxiv) glass fiber processing plants;
      25. (xxv) charcoal production plants;
      26. (xxvi) fossil-fuel-fired steam electric plants of more than 250 million Btu per hour heat input; or
      27. (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).

   4. (D) Any site, except those exempted under FCAA, §182(f) (NO[sub]x[/sub] 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:

      1. (i) any site with the potential to emit 100 tpy or more of volatile organic compounds (VOC) or oxides of nitrogen (NO[sub]x[/sub]) in any ozone nonattainment area classified as "marginal or moderate";
      2. (ii) any site with the potential to emit 50 tpy or more of VOC or NO[sub]x[/sub] in any ozone nonattainment area classified as "serious";
      3. (iii) any site with the potential to emit 25 tpy or more of VOC or NO[sub]x[/sub] in any ozone nonattainment area classified as "severe";
      4. (iv) any site with the potential to emit ten tpy or more of VOC or NO[sub]x[/sub] in any ozone nonattainment area classified as "extreme";
      5. (v) any site with the potential to emit 100 tpy or more of carbon monoxide in any carbon monoxide nonattainment area classified as "moderate";
      6. (vi) any site with the potential to emit 50 tpy or more of carbon monoxide in any carbon monoxide nonattainment area classified as "serious";
      7. (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";
      8. (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
      9. (ix) any site with the potential to emit 100 tpy or more of lead in any lead nonattainment area.
   5. (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.
   6. (F) Any temporary source which is located at a site for less than six months shall not affect the determination of major for other stationary sources at a site under this chapter or require a revision to the existing permit at the site.
   7. (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.
9. (9) 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.

10. (10) Permit or federal operating permit--

    1. (A) any permit, or group of permits covering a site, that is issued, renewed, or revised under this chapter; or
    2. (B) any general operating permit, or group of general operating permits, adopted by the commission under this chapter.
11. (11) 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.
12. (12) 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.
13. (13) Permit revision--Any administrative permit revision, minor permit revision, or significant permit revision that meets the related requirements of Subchapter C of this chapter (relating to Permits Issuances, Revisions, Reopenings, and Renewals).
14. (14) 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 or preconstruction authorization 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 EPA. This term does not alter or affect the use of this term for any other purposes under the FCAA, or the term "capacity factor" as used in acid rain provisions of the FCAA or the acid rain rules.

15. (15) Preconstruction authorization--Any authorization to construct or modify an existing facility or facilities under Chapter 116 of this title. In this chapter, references to preconstruction authorization will also include the following:

    1. (A) any requirement established under FCAA, §112(g) (Modifications) after delegation of §112(g) to the commission;
    2. (B) any requirement established under FCAA, §112(j) (Equivalent Emission Limitation by Permit) after delegation of §112(j) to the commission; and
    3. (C) where appropriate, any preconstruction authorization under Chapter 120 of this title (relating to Control of Air Pollution from Hazardous Waste or Solid Waste Management Facilities) (as effective until December 1996) or Chapter 121 of this title (relating to Control of Air Pollution from Municipal Solid Waste Management Facilities).
16. (16) Proposed permit--The version of a permit that the executive director forwards to the EPA for a 45-day review period.

17. (17) 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.

    1. (A) Provisional terms and conditions will only apply to changes not requiring prior approval by the executive director under Subchapter C or Subchapter F of this chapter.
    2. (B) Provisional terms and conditions shall not authorize the violation of any applicable requirement or state-only requirement.
    3. (C) Provisional terms and conditions shall be consistent with and accurately incorporate the applicable requirements and state-only requirements.

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

       1. (i) the specific regulatory citations in each applicable requirement or state-only requirement identifying the emission limitations and standards;
       2. (ii) the monitoring, recordkeeping, reporting, and testing requirements associated with the emission limitations and standards identified under clause (i) of this subparagraph; and
       3. (iii) where applicable, the specific regulatory citations identifying any repealed requirements.
18. (18) 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).
19. (19) 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).
20. (20) 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). If a research and development operation does not produce products for commercial sale, it shall be treated as a separate site from any manufacturing facility with which it is collocated.
21. (21) 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 FCAA or under any applicable requirement.
22. (22) Stationary source--Any building, structure, facility, or installation that emits or may emit any air pollutant.

Source Note:The provisions of this §122.10 adopted to be effective November 10, 1997, 22 TexReg 10677.