Section 101.351 - Applicability(a) This division applies to a site, and each affected facility at that site, in the Houston-Galveston-Brazoria ozone nonattainment area that: (1) is a major source, as defined in § 117.10 of this title (relating to Definitions), with one or more affected facilities subject to § 117.310 or § 117.1210 of this title (relating to Emission Specifications for Attainment Demonstration); or(2) is not a major source, as defined in § 117.10 of this title, and has one or more affected facilities subject to § 117.2010 of this title (relating to Emission Specifications) with a collective uncontrolled design capacity to emit from these facilities of 10.0 tons or more per year of nitrogen oxides.(b) A site that met the definition of major source as of December 31, 2000, is always classified as a major source for purposes of this division. A site that did not meet the definition of major source (i.e., was a minor source, or did not yet exist) on December 31, 2000, but that at any time after December 31, 2000, becomes a major source, is from that time forward always classified as a major source for purposes of this division.(c) Once a site becomes subject to this division, the site will remain subject to this division until the site is permanently shut down.(d) The banking and trading requirements of this division apply to a broker and a broker account.30 Tex. Admin. Code § 101.351
The provisions of this §101.351 adopted to be effective January 18, 2001, 26 TexReg 282; amended to be effective June 13, 2001, 26 TexReg 4106; amended to be effective January 17, 2003, 28 TexReg 83; amended to be effective August 16, 2007, 32 TexReg 4985; amended to be effective April 1, 2010, 35 TexReg 2574; Amended by Texas Register, Volume 40, Number 25, June 19, 2015, TexReg 3891, eff. 6/25/2015