Section 122.120 - Applicability(a) Except as identified in subsection (b) of this section, owners and operators of one or more of the following are subject to the requirements of this chapter: (1) any site that is a major source as defined in § 122.10 of this title (relating to General Definitions);(2) any site with an affected unit as defined in 40 Code of Federal Regulations Part 72 subject to the requirements of the Acid Rain Program;(3) any solid waste incineration unit required to obtain a permit under Federal Clean Air Act (FCAA), §129(e) (Permits); or(4) any site that is a non-major source which the United States Environmental Protection Agency (EPA), through rulemaking, has designated as no longer exempt or no longer eligible for a deferral from the obligation to obtain a permit. For the purposes of this chapter, those sources may be any of the following: (A) any non-major source so designated by the EPA, and subject to a standard, limitation, or other requirement under FCAA, §111 (Standards of Performance for New Stationary Sources);(B) any non-major source so designated by the EPA, and subject to a standard or other requirement under FCAA, §112 (Hazardous Air Pollutants), except for FCAA, §112(r) (Prevention of Accidental Releases); or(C) any non-major source in a source category designated by the EPA. (b) The following are not subject to the requirements of this chapter: (1) any site that is a non-major source which the EPA, through rulemaking, has designated as exempt from the obligation to obtain a permit; or(2) any site that is a non-major source which the EPA has allowed permitting authorities to defer from the obligation to obtain a permit.30 Tex. Admin. Code § 122.120
The provisions of this §122.120 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective June 3, 2001, 26 TexReg 3747; amended to be effective August 3, 2006, 31 TexReg 6000; amended to be effective March 4, 2010, 35 TexReg 1756; Amended by Texas Register, Volume 42, Number 07, February 17, 2017, TexReg 692, eff. 2/23/2017