Section 101.370 - DefinitionsUnless specifically defined in the Texas Clean Air Act or in § 3.2 or § 101.1 of this title (relating to Definitions), the terms used by the commission have the meanings commonly ascribed to them in the field of air pollution control. In addition, the following words and terms, when used in this division, have the following meanings, unless the context clearly indicates otherwise.
(1) Activity--The amount of activity at a facility or mobile source measured in terms of production, use, raw materials input, vehicle miles traveled, or other similar units that have a direct correlation with the economic output and emission rate of the facility or mobile source.(2) Actual emissions--The total emissions during a selected time period, using the facility's or mobile source's actual daily operating hours, production rates, or types of materials processed, stored, or combusted during that selected time period.(3) Area source--Any facility included in the agency emissions inventory under the area source category.(4) Baseline emissions--The facility's emissions, in tons per year, before implementation of an emission reduction and calculated as the lowest of the facility's historical adjusted emissions or state implementation plan (SIP) emissions, except that the SIP emissions value is only considered for a facility in a nonattainment area.(5) Certified--Any emission reduction that is determined to be creditable upon review and approval by the executive director.(6) Curtailment--A reduction in activity level at any facility or mobile source.(7) Discrete emission credit--A discrete emission reduction credit or mobile discrete emission reduction credit.(8) Discrete emission reduction credit--A certified emission reduction that is created by reducing emissions from a facility during a generation period, quantified after the generation period, and expressed in tenths of a ton.(9) Emission rate--The facility's rate of emissions per unit of activity.(10) Emission reduction--A reduction in actual emissions from a facility or mobile source.(11) Emission reduction strategy--The method implemented to reduce the facility's or mobile source's emissions beyond that required by state or federal law, regulation, or agreed order.(12) Facility--As defined in § 116.10 of this title (relating to General Definitions). Original equipment and replacement-in-kind equipment that are the same or functionally equivalent are considered the same facility. For the purpose of generating a discrete emission reduction credit at an area source, multiple emissions points with common characteristics may be grouped in order to be considered as a single unit equivalent to a facility as long as the total grouping has emissions equal to or greater than 0.1 ton, even if points within the group have emissions of less than 0.1 ton.(13) Generation period--The discrete period of time, not exceeding 12 months, over which a discrete emission credit is created.(14) Generator--The owner or operator of a facility or mobile source that creates an emission reduction.(15) Historical adjusted emissions--The emissions occurring before implementation of an emission reduction strategy and adjusted for any local, state, or federal requirement, calculated using the following equation. Attached Graphic
(16) Mobile discrete emission reduction credit--A certified emission reduction from a mobile source or group of mobile sources that is created during a generation period, quantified after the period in which emissions reductions are made, and expressed in tenths of a ton.(17) Mobile source--A source included in the agency's emissions inventory under the mobile source category.(18) Mobile source baseline activity--The level of activity of a mobile source during the applicable mobile source baseline emissions period.(19) Mobile source baseline emissions--The mobile source's actual emissions, in tons per year, occurring prior to a mobile emission reduction strategy calculated as the lowest of the historical adjusted emissions or state implementation plan emissions.(20) Mobile source baseline emissions rate--The mobile source's rate of emissions per unit of mobile source baseline activity during the mobile source baseline emissions period.(21) Ozone season--The portion of the year when ozone monitoring is federally required to occur in a specific geographic area, as defined in 40 Code of Federal Regulations Part 58, Appendix D, §2.5.(22) Point source--A facility included in the agency's emissions inventory under the point source category.(23) Primarily operated--When the activity is at least 75% within a specific nonattainment area.(24) Projection-base year--The year of the emissions inventory used to project or forecast future-year emissions for modeling point sources in a state implementation plan revision.(25) Protocol--A replicable and workable method of estimating emission rates or activity levels used to calculate the amount of emission reduction generated or credits required for facilities or mobile sources.(26) Quantifiable--An emission reduction that can be measured or estimated with confidence using replicable methodology.(27) Real reduction--A reduction in which actual emissions are reduced. Emissions reductions that result from any of the following are not considered a real reduction: (A) lowering the allowable emission limit in a permit without a physical change or change in method of operation;(B) shifting a vent gas stream or other pollution or waste stream to another site;(C) a mobile source that is not capable of being operated as intended; or(D) a change in an emissions factor or emissions calculation equation.(28) Shutdown--The cessation of an activity producing emissions at a facility or mobile source.(29) Site--As defined in § 122.10 of this title (relating to General Definitions).(30) State implementation plan--A plan that provides for attainment and maintenance of a primary or secondary national ambient air quality standard as adopted in 40 Code of Federal Regulations Part 52, Subpart SS.(31) State implementation plan (SIP) emissions--SIP emissions are determined as follows. (A) For point sources, SIP emissions are facility-specific values based on the emissions data in the state's annual emissions inventory (EI) for the year used to develop the projection-base year inventory for the modeling included in an attainment demonstration (AD) SIP revision, used for the attainment inventory for a maintenance plan SIP revision, or used in an EI SIP revision, as applicable under subparagraph (B)(i) - (iii) of this paragraph. For area and mobile sources, SIP emissions are calculated values based on actual operations during the latest triennial National Emissions Inventory (NEI) year used to develop the modeling included in an AD SIP revision, used for the attainment inventory for a maintenance plan SIP revision, or used in an EI SIP revision, as applicable under subparagraph (B)(i)- (iii) of this paragraph. For point, area, and mobile sources located in a nonattainment area without an applicable SIP as determined under subparagraph (B)(i) - (iii) of this paragraph, SIP emissions are based on the year of the most recent NEI submitted to the United States Environmental Protection Agency (EPA) preceding that area's nonattainment designation for the current National Ambient Air Quality Standard (NAAQS).(B) The applicable SIP revision must be for the nonattainment area where the facility is located, or for mobile sources where the mobile source is primarily operated, and must be for the criteria pollutant, or include the precursor pollutant, for which the applicant is requesting credits. The applicable SIP revision is: (i) an AD SIP revision or a maintenance plan SIP revision, whichever was most recently submitted to the EPA for the current NAAQS;(ii) if the SIP revisions identified in clause (i) of this subparagraph have not been submitted to the EPA, an AD SIP revision or a maintenance plan SIP revision, whichever was most recently submitted to the EPA for an earlier NAAQS issued in the same averaging time and the same form as the current NAAQS; or(iii) if the SIP revisions identified in clauses (i) and (ii) of this subparagraph have not been submitted to the EPA, the most recent EI SIP revision submitted to the EPA.(C) The total amount of SIP emissions available for credit generation will be set for area, non-road mobile, and on-road mobile source categories. (i) Total creditable area source emissions are 75% of the total area source emissions excluding residential area sources in the applicable SIP revision.(ii) Total creditable non-road mobile source emissions are 75% of the total non-road mobile source emissions in the applicable SIP revision.(iii) Total creditable on-road mobile source emissions are 85% of the total on-road mobile source emissions in the applicable SIP revision.(D) The SIP emissions for a facility or mobile source may not exceed any applicable local, state, or federal requirement.(E) The year used to determine SIP emissions is as specified in subparagraph (A) of this paragraph, unless a different year is specifically identified otherwise by the commission in the most recent SIP revision adopted after December 31, 2017.(32) Strategy activity--The facility's or mobile source's level of activity during the discrete emission reduction credit generation period.(33) Strategy emission rate--The facility's or mobile source's emission rate during the discrete emission reduction credit generation period.(34) Surplus--An emission reduction that is not otherwise required of a facility or mobile source by any applicable local, state, or federal requirement and has not been otherwise relied upon in the state implementation plan.(35) Use period--The period of time over which the user applies discrete emission credits to an applicable emission reduction requirement.(36) User--The owner or operator of a facility or mobile source that acquires and uses discrete emission reduction credits to meet a regulatory requirement, demonstrate compliance, or offset an emission increase.(37) Use strategy--The compliance requirement for which discrete emission credits are being used.30 Tex. Admin. Code § 101.370
The provisions of this §101.370 adopted to be effective January 18, 2001, 26 TexReg 282; amended to be effective October 18, 2001, 26 TexReg 8073; amended to be effective January 17, 2003, 28 TexReg 83; amended to be effective December 2, 2004, 29 TexReg 11038; Amended by Texas Register, Volume 40, Number 25, June 19, 2015, TexReg 3896, eff. 6/25/2015; Amended by Texas Register, Volume 42, Number 40, October 6, 2017, TexReg 5476, eff. 10/12/2017