Section 122.10 - General DefinitionsThe definitions in the Texas Clean Air Act, Chapter 101 of this title (relating to General Air Quality 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, have the following meanings, unless the context clearly indicates otherwise.
(1) Air pollutant--Any of the following regulated air pollutants: (B) volatile organic compounds;(C) any pollutant for which a national ambient air quality standard has been promulgated;(D) any pollutant that is subject to any standard promulgated under Federal Clean Air Act (FCAA), §111 (Standards of Performance for New Stationary Sources);(E) unless otherwise specified by the United States Environmental Protection Agency (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(F) any pollutant subject to a standard promulgated under FCAA, §112 (Hazardous Air Pollutants) or other requirements established under FCAA, §112, including §112(g), (j), and (r), including any of the following: (i) any pollutant subject to requirements under FCAA, §112(j). If the EPA fails to promulgate a standard by the date established under FCAA, §112(e), any pollutant for which a subject site would be major shall be considered to be regulated on the date 18 months after the applicable date established under FCAA, §112(e); and(ii) any pollutant for which the requirements of FCAA, §112(g)(2) have been met, but only with respect to the individual site subject to FCAA, §112(g)(2) requirement.(2) Applicable requirement--All of the following requirements, including requirements that have been promulgated or approved by the United States Environmental Protection Agency (EPA) through rulemaking at the time of issuance but have future-effective compliance dates: (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;(B) all of the requirements of Chapter 112 of this title (relating to Control of Air Pollution from Sulfur Compounds) as they apply to the emission units at a site;(C) all of the requirements of Chapter 113 of this title (relating to Standards of Performance for Hazardous Air Pollutants and for Designated Facilities and Pollutants), as they apply to the emission units at a site;(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;(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;(F) the following requirements of Chapter 101 of this title (relating to General Air Quality Rules): (i) Chapter 101, Subchapter A, § 101.1 of this title (relating to Definitions), insofar as the terms defined in this section are used to define the terms used in other applicable requirements;(ii) Chapter 101, Subchapter A, § 101.3 and § 101.10 of this title (relating to Circumvention; and Emissions Inventory Requirements);(iii) Chapter 101, Subchapter A, § 101.8 and § 101.9 of this title (relating to Sampling; and Sampling Ports) if the commission or the executive director has requested such action;(iv) Chapter 101, Subchapter F, §§ 101.201, 101.211, 101.221, 101.222, and 101.223 of this title (relating to Emissions Event Reporting and Recordkeeping Requirements; Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkeeping Requirements; Operational Requirements; Demonstrations; and Actions to Reduce Excessive Emissions); and(v) Chapter 101, Subchapter H of this title (relating to Emissions Banking and Trading) as it applies to the emission units at a site;(G) any site-specific requirement of the state implementation plan;(H) all of the requirements under Chapter 106, Subchapter A of this title (relating to General Requirements), or Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) and any term or condition of any preconstruction permit;(I) all of the following federal requirements as they apply to the emission units at a site: (i) any standard or other requirement under Federal Clean Air Act (FCAA), §111 (Standards of Performance for New Stationary Sources);(ii) any standard or other requirement under FCAA, §112 (Hazardous Air Pollutants);(iii) any standard or other requirement of the Acid Rain program or Cross-State Air Pollution Rule;(iv) any requirements established under FCAA, §504(b) or §114(a)(3) (Monitoring and Analysis; or Inspections, Monitoring, and Entry);(v) any standard or other requirement governing solid waste incineration under FCAA, §129 (Solid Waste Combustion);(vi) any standard or other requirement for consumer and commercial products under FCAA, §183(e) (Control of Emissions from Certain Sources);(vii) any standard or other requirement under FCAA, §183(f) (Tank Vessel Standards);(viii) any standard or other requirement under FCAA, §328 (Air Pollution from Outer Continental Shelf Activities);(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;(x) any increment or visibility requirement under FCAA, Title I, Part C (Prevention of Significant Deterioration of Air Quality) or any national ambient air quality standard, but only as it would apply to temporary sources permitted under FCAA, §504(e) (Temporary Sources); and(xi) any FCAA, Title I, Part C (Prevention of Significant Deterioration) permit issued by EPA; and(J) the following are not applicable requirements under this chapter, except as noted in subparagraph (I)(x) of this paragraph: (i) any state or federal ambient air quality standard;(ii) any net ground level concentration limit;(iii) any ambient atmospheric concentration limit;(iv) any requirement for mobile sources;(v) any asbestos demolition or renovation requirement under 40 Code of Federal Regulations (CFR) Part 61, Subpart M (National Emissions Standards for Asbestos);(vi) any requirement under 40 CFR Part 60, Subpart AAA (Standards of Performance for New Residential Wood Heaters); and(vii) any state only requirement (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 Surfaces with Coatings Containing Less Than 1.0% Lead), and § 111.139 of this title (relating to Exemptions).(3) Continuous compliance determination method--For purposes of Subchapter G of this chapter (relating to Periodic Monitoring and Compliance Assurance Monitoring), a method, specified by an applicable requirement, which satisfies the following criteria: (A) the method is used to determine compliance with an emission limitation or standard on a continuous basis consistent with the averaging period established for the emission limitation or standard; and(B) the method provides data either in units of the emission limitation or standard or correlated directly with the emission limitation or standard.(4) Control device--For the purposes of compliance assurance monitoring applicability, specified in § 122.604 of this title (relating to Compliance Assurance Monitoring Applicability), the control device definition specified in 40 Code of Federal Regulations Part 64 (Compliance Assurance Monitoring) applies.(5) Deviation--Any indication of noncompliance with a term or condition of the permit as found using compliance method data from monitoring, recordkeeping, reporting, or testing required by the permit and any other credible evidence or information.(6) Deviation limit--A designated value(s) or condition(s) which establishes the boundary for an indicator of performance. Operation outside of the boundary of the indicator of performance shall be considered a deviation.(7) Draft permit--The version of a permit available for the 30-day comment period under public announcement or public notice and affected state review. The draft permit may be the same document as the proposed permit.(8) Emission unit--A discrete or identifiable structure, device, item, equipment, or enclosure that constitutes or contains a point of origin of air pollutants, including appurtenances. (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.(B) The term may also be used in this chapter to refer to a group of similar emission units.(C) This term is not meant to alter or affect the definition of the term "unit" for purposes of the Acid Rain Program.(9) Federal Clean Air Act, §502(b)(10) changes--Changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.(10) Final action--Issuance or denial of the permit by the executive director.(11) General operating permit--A permit issued under Subchapter F of this chapter (relating to General Operating Permits), under which multiple similar stationary sources may be authorized to operate.(12) Large pollutant-specific emission unit--An emission unit with the potential to emit, taking into account control devices, the applicable air pollutant in an amount equal to or greater than 100% of the amount, in tons per year, required for a source to be classified as a major source, as defined in this section.(13) Major source-- (A) For pollutants other than radionuclides, any site that emits or has the potential to emit, in the aggregate the following quantities: (i) ten tons per year (tpy) or more of any single hazardous air pollutant listed under Federal Clean Air Act (FCAA), §112(b) (Hazardous Air Pollutants);(ii) 25 tpy or more of any combination of hazardous air pollutant listed under FCAA, §112(b); or(iii) any quantity less than those identified in clause (i) or (ii) of this subparagraph established by the United States Environmental Protection Agency (EPA) through rulemaking.(B) For radionuclides regulated under FCAA, §112, the term "major source" has the meaning specified by the EPA by rule.(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: (i) coal cleaning plants (with thermal dryers);(iii) portland cement plants;(iv) primary zinc smelters;(v) iron and steel mills;(vi) primary aluminum ore reduction plants;(vii) primary copper smelters;(viii) municipal incinerators capable of charging more than 250 tons of refuse per day;(ix) hydrofluoric, sulfuric, or nitric acid plants;(x) petroleum refineries;(xii) phosphate rock processing plants;(xiii) coke oven batteries;(xiv) sulfur recovery plants;(xv) carbon black plants (furnace process);(xvi) primary lead smelters;(xvii) fuel conversion plant;(xviii) sintering plants;(xix) secondary metal production plants;(xx) chemical process plants (the term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in the North American Industry Classification System codes 312140 or 325193);(xxi) fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units (Btu) per hour heat input;(xxii) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;(xxiii) taconite ore processing plants;(xxiv) glass fiber processing plants;(xxv) charcoal production plants;(xxvi) fossil fuel-fired steam electric plants of more than 250 million Btu per hour heat input; or(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).(D) Any site, except those exempted under FCAA, §182(f) (NOX 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: (i) any site with the potential to emit 100 tpy or more of volatile organic compounds (VOC) or nitrogen oxides (NOX) in any ozone nonattainment area classified as "marginal or moderate";(ii) any site with the potential to emit 50 tpy or more of VOC or NOX in any ozone nonattainment area classified as "serious";(iii) any site with the potential to emit 25 tpy or more of VOC or NOX in any ozone nonattainment area classified as "severe";(iv) any site with the potential to emit ten tpy or more of VOC or NOX in any ozone nonattainment area classified as "extreme";(v) any site with the potential to emit 100 tpy or more of carbon monoxide (CO) in any CO nonattainment area classified as "moderate";(vi) any site with the potential to emit 50 tpy or more of CO in any CO nonattainment area classified as "serious";(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";(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(ix) any site with the potential to emit 100 tpy or more of lead in any lead nonattainment area.(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.(F) Any temporary source which is located at a site for less than six months shall not affect the determination of a major source for other stationary sources at a site under this chapter or require a revision to the existing permit at the site.(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.(14) 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.(15) Permit or federal operating permit-- (A) any permit, or group of permits covering a site, that is issued, renewed, or revised under this chapter; or(B) any general operating permit issued, renewed, or revised by the executive director under this chapter.(16) Permit anniversary--The date that occurs every 12 months after the initial permit issuance, the initial granting of the authorization to operate, or renewal.(17) 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.(18) 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.(19) Permit revision--Any administrative permit revision, minor permit revision, or significant permit revision that meets the related requirements of this chapter.(20) 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 established under § 106.6 of this title (relating to Registration of Emissions), § 116.611 of this title (relating to Registration to Use a Standard Permit), or § 122.122 of this title (relating to Potential to Emit), or a permit by rule under Chapter 106 of this title (relating to Permits by Rule) or other new source review permit under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) 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 United States Environmental Protection Agency. This term does not alter or affect the use of this term for any other purposes under the Federal Clean Air Act (FCAA), or the term "capacity factor" as used in Acid Rain provisions of the FCAA or the Acid Rain rules.(21) Preconstruction authorization--Any authorization to construct or modify an existing facility or facilities under Chapter 106 and Chapter 116 of this title (relating to Permits by Rule; and Control of Air Pollution by Permits for New Construction or Modification). In this chapter, references to preconstruction authorization will also include the following:(A) any requirement established under Federal Clean Air Act (FCAA), §112(g) (Modifications); and(B) any requirement established under FCAA, §112(j) (Equivalent Emission Limitation by Permit).(22) Predictive emission monitoring system--A system that uses process and other parameters as inputs to a computer program or other data reduction system to produce values in terms of the applicable emission limitation or standard.(23) Proposed permit--The version of a permit that the executive director forwards to the United States Environmental Protection Agency for a 45-day review period. The proposed permit may be the same document as the draft permit.(24) 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. (A) Provisional terms and conditions will only apply to changes not requiring prior approval by the executive director.(B) Provisional terms and conditions shall not authorize the violation of any applicable requirement or state-only requirement.(C) Provisional terms and conditions shall be consistent with and accurately incorporate the applicable requirements and state-only requirements.(D) Provisional terms and conditions for applicable requirements and state-only requirements shall include the following:(i) the specific regulatory citations in each applicable requirement or state-only requirement identifying the emission limitations and standards;(ii) the monitoring, recordkeeping, reporting, and testing requirements associated with the emission limitations and standards identified under clause (i) of this subparagraph; and(iii) where applicable, the specific regulatory citations identifying any requirements that no longer apply.(25) 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).(26) 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).(27) 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). A research and development operation and a collocated manufacturing facility shall be considered a single site if they each have the same two-digit Major Group Standard Industrial Classification code (as described in the Standard Industrial Classification Manual, 1987) or the research and development operation is a support facility for the manufacturing facility.(28) 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 Federal Clean Air Act or under any applicable requirement.(29) Stationary source--Any building, structure, facility, or installation that emits or may emit any air pollutant. Nonroad engines, as defined in 40 Code of Federal Regulations Part 89 (Control of Emissions from New and In-use Nonroad Engines), shall not be considered stationary sources for the purposes of this chapter.30 Tex. Admin. Code § 122.10
The provisions of this §122.10 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective March 4, 1999, 24 TexReg 1387; amended to be effective September 4, 2000, 25 TexReg 8688; amended to be effective June 3, 2001, 26 TexReg 3747; amended to be effective December 11, 2002, 27 TexReg 11580; amended to be effective August 3, 2006, 31 TexReg 6000; amended to be effective March 4, 2010, 35 TexReg 1756; amended to be effective April 17, 2014, 39 TexReg 2927; Amended by Texas Register, Volume 42, Number 07, February 17, 2017, TexReg 691, eff. 2/23/2017