Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR MODIFICATION › Subchapter A - DEFINITIONS › Section 116.20 - Portable Facilities Definitions

Current through Reg. 49, No. 28; July 12, 2024
Unless specifically defined in the Texas Clean Air Act or
					 in the rules of the commission, the terms used by the commission have the
					 meanings commonly ascribed to them in the field of air pollution control. In
					 addition to the terms that are defined by the Texas Clean Air Act, and in
					 §
										101.1 of
					 this title (relating to Definitions), the following words and terms, when used
					 in Subchapter B, Division 8 of this chapter (relating to Portable Facilities),
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Change of location--The
				  process of gaining approval and moving a permitted facility and associated
				  sources to a new location in which public notice is required, in accordance
				  with the requirements of Chapter 39 of this title (relating to Public
				  Notice).
(2) Portable facility--A
				  facility authorized by a permit containing special conditions that allow the
				  facility to relocate. Portable facilities are authorized by the Texas
				  Commission on Environmental Quality, Air Permits Division. To be a portable
				  facility, the facility shall not exceed the major source thresholds stated in
				  40 Code of Federal Regulations (CFR) §51.166(b)(1) and the permit for that
				  facility shall be is designated with a portable permit number, portable
				  registration number, or portable account number. The portable facility cannot
				  be located at an account that is subject to the requirements for Prevention of
				  Significant Deterioration and Nonattainment permits under Chapter 116,
				  Subchapter B, Divisions 5 and 6 of this title (relating to Nonattainment Review
				  Permits and Prevention of Significant Deterioration Review). These portable
				  designations are used to facilitate the relocation of these types of facilities
				  under specific criteria, and are not authorized under Chapter 106 of this title
				  (relating to Permits by Rule).
(3)
				  Project--A public works contract or series of contracts for segments of work
				  within close proximity to each other.
(4) Related project segments--For facilities
				  on a Texas Department of Transportation right-of-way, related project segments
				  are one contract with multiple project locations or one contractor with
				  multiple contracts in which separate project limits are in close proximity to
				  each other. A facility that is sited on the right-of-way is usually within
				  project limits. However, a facility located at an intersection or wider
				  right-of-way outside project limits is acceptable if it can be easily
				  associated with the project.
(5)
				  Relocation--The process of gaining approval and moving a facility and
				  associated sources to an approved site in which no public notice is required
				  under Chapter 39 of this title (relating to Public Notice).
(6) Right-of-way of a public works
				  project--Any public works project that is associated with a right-of-way.
				  Examples of right-of-way public works projects are public highways and roads,
				  water and sewer pipelines, electrical transmission lines, and other similar
				  works. A facility must be in or contiguous to the right-of-way of the public
				  works project to be exempt from the public notice requirements listed in Texas
				  Health and Safety Code, §
										382.056.
(7) Site--As defined in §
										122.10 of
				  this title (relating to General Definitions).
(8) Temporary facility--A facility that will
				  occupy a designated site for not more than 180 consecutive days or that will
				  supply material (such as concrete, hot mix asphalt, crushed rock, etc.) for a
				  single project (single contract or same contractor for related project
				  segments), but not other unrelated projects.