Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter A - GENERAL RULES › Section 101.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Unless specifically defined in the Texas Clean Air Act
					 (TCAA) 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 TCAA, the following terms,
					 when used in the air quality rules in this title, have the following meanings,
					 unless the context clearly indicates otherwise.
(1) Account--For those sources required to be
				  permitted under Chapter 122 of this title (relating to Federal Operating
				  Permits Program), all sources that are aggregated as a site. For all other
				  sources, any combination of sources under common ownership or control and
				  located on one or more contiguous properties, or properties contiguous except
				  for intervening roads, railroads, rights-of-way, waterways, or similar
				  divisions.
(2) Acid gas flare--A
				  flare used exclusively for the incineration of hydrogen sulfide and other
				  acidic gases derived from natural gas sweetening processes.
(3) Agency established facility
				  identification number--For the purposes of Subchapter F of this chapter
				  (relating to Emissions Events and Scheduled Maintenance, Startup, and Shutdown
				  Activities), a unique alphanumeric code required to be assigned by the owner or
				  operator of a regulated entity that the emission inventory reporting
				  requirements of §
										101.10
				  of this title (relating to Emissions Inventory Requirements) are applicable to
				  each facility at that regulated entity.
(4) Ambient air--That portion of the
				  atmosphere, external to buildings, to which the general public has
				  access.
(5) Background--Background
				  concentration, the level of air contaminants that cannot be reduced by
				  controlling emissions from man-made sources. It is determined by measuring
				  levels in non-urban areas.
(6)
				  Boiler--Any combustion equipment fired with solid, liquid, and/or gaseous fuel
				  used to produce steam or to heat water.
(7) Capture system--All equipment (including,
				  but not limited to, hoods, ducts, fans, booths, ovens, dryers, etc.) that
				  contains, collects, and transports an air pollutant to a control
				  device.
(8) Captured facility--A
				  manufacturing or production facility that generates an industrial solid waste
				  or hazardous waste that is routinely stored, processed, or disposed of on a
				  shared basis in an integrated waste management unit owned, operated by, and
				  located within a contiguous manufacturing complex.
(9) Carbon adsorber--An add-on control device
				  that uses activated carbon to adsorb volatile organic compounds from a gas
				  stream.
(10) Carbon adsorption
				  system--A carbon adsorber with an inlet and outlet for exhaust gases and a
				  system to regenerate the saturated adsorbent.
(11) Coating--A material applied onto or
				  impregnated into a substrate for protective, decorative, or functional
				  purposes. Such materials include, but are not limited to, paints, varnishes,
				  sealants, adhesives, thinners, diluents, inks, maskants, and temporary
				  protective coatings.
(12) Cold
				  solvent cleaning--A batch process that uses liquid solvent to remove soils from
				  the surfaces of parts or to dry the parts by spraying, brushing, flushing,
				  and/or immersion while maintaining the solvent below its boiling point. Wipe
				  cleaning (hand cleaning) is not included in this definition.
(13) Combustion unit--Any boiler plant,
				  furnace, incinerator, flare, engine, or other device or system used to oxidize
				  solid, liquid, or gaseous fuels, but excluding motors and engines used in
				  propelling land, water, and air vehicles.
(14) Combustion turbine--Any gas turbine
				  system that is gas and/or liquid fuel fired with or without power augmentation.
				  This unit is either attached to a foundation or is portable equipment operated
				  at a specific minor or major source for more than 90 days in any 12-month
				  period. Two or more gas turbines powering one shaft will be treated as one
				  unit.
(15) Commercial hazardous
				  waste management facility--Any hazardous waste management facility that accepts
				  hazardous waste or polychlorinated biphenyl compounds for a charge, except a
				  captured facility that disposes only waste generated on-site or a facility that
				  accepts waste only from other facilities owned or effectively controlled by the
				  same person.
(16) Commercial
				  incinerator--An incinerator used to dispose of waste material from retail and
				  wholesale trade establishments.
(17) Commercial medical waste incinerator--A
				  facility that accepts for incineration medical waste generated outside the
				  property boundaries of the facility.
(18) Component--A piece of equipment,
				  including, but not limited to, pumps, valves, compressors, and pressure relief
				  valves that has the potential to leak volatile organic compounds.
(19) Condensate--Liquids that result from the
				  cooling and/or pressure changes of produced natural gas. Once these liquids are
				  processed at gas plants or refineries or in any other manner, they are no
				  longer considered condensates.
(20)
				  Construction-demolition waste--Waste resulting from construction or demolition
				  projects.
(21) Control system or
				  control device--Any part, chemical, machine, equipment, contrivance, or
				  combination of same, used to destroy, eliminate, reduce, or control the
				  emission of air contaminants to the atmosphere.
(22) Conveyorized degreasing--A solvent
				  cleaning process that uses an automated parts handling system, typically a
				  conveyor, to automatically provide a continuous supply of parts to be cleaned
				  or dried using either cold solvent or vaporized solvent. A conveyorized
				  degreasing process is fully enclosed except for the conveyor inlet and exit
				  portals.
(23) Criteria pollutant or
				  standard--Any pollutant for which there is a national ambient air quality
				  standard established under 40 Code of Federal Regulations Part 50.
(24) Custody transfer--The transfer of
				  produced crude oil and/or condensate, after processing and/or treating in the
				  producing operations, from storage tanks or automatic transfer facilities to
				  pipelines or any other forms of transportation.
(25) De minimis impact--A change in ground
				  level concentration of an air contaminant as a result of the operation of any
				  new major stationary source or of the operation of any existing source that has
				  undergone a major modification that does not exceed the significance levels as
				  specified in 40 Code of Federal Regulations §51.165(b)(2).
(26) Domestic wastes--The garbage and rubbish
				  normally resulting from the functions of life within a residence.
(27) Emissions banking--A system for
				  recording emissions reduction credits so they may be used or transferred for
				  future use.
(28) Emissions
				  event--Any upset event or unscheduled maintenance, startup, or shutdown
				  activity, from a common cause that results in unauthorized emissions of air
				  contaminants from one or more emissions points at a regulated entity.
(29) Emissions reduction credit--Any
				  stationary source emissions reduction that has been banked in accordance with
				  Subchapter H, Division 1 of this chapter (relating to Emission Credit
				  Program).
(30) Emissions reduction
				  credit certificate--The certificate issued by the executive director that
				  indicates the amount of qualified reduction available for use as offsets and
				  the length of time the reduction is eligible for use.
(31) Emissions unit--Any part of a stationary
				  source that emits, or would have the potential to emit, any pollutant subject
				  to regulation under the Federal Clean Air Act.
(32) Excess opacity event--When an opacity
				  reading is equal to or exceeds 15 additional percentage points above an
				  applicable opacity limit, averaged over a six-minute period.
(33) Exempt solvent--Those carbon compounds
				  or mixtures of carbon compounds used as solvents that have been excluded from
				  the definition of volatile organic compound.
(34) External floating roof--A cover or roof
				  in an open top tank that rests upon or is floated upon the liquid being
				  contained and is equipped with a single or double seal to close the space
				  between the roof edge and tank shell. A double seal consists of two complete
				  and separate closure seals, one above the other, containing an enclosed space
				  between them.
(35) Federal motor
				  vehicle regulation--Control of Air Pollution from Motor Vehicles and Motor
				  Vehicle Engines, 40 Code of Federal Regulations Part 85.
(36) Federally enforceable--All limitations
				  and conditions that are enforceable by the United States Environmental
				  Protection Agency administrator, including those requirements developed under
				  40 Code of Federal Regulations (CFR) Parts 60 and 61; requirements within any
				  applicable state implementation plan (SIP); and any permit requirements
				  established under
				  40 CFR
				  §
											52.21 or under regulations approved
				  under 40 CFR Part 51, Subpart 1, including operating permits issued under the
				  approved program that is incorporated into the SIP and that expressly requires
				  adherence to any permit issued under such program.
(37) Flare--An open combustion unit (i.e.,
				  lacking an enclosed combustion chamber) whose combustion air is provided by
				  uncontrolled ambient air around the flame, and that is used as a control
				  device. A flare may be equipped with a radiant heat shield (with or without a
				  refractory lining), but is not equipped with a flame air control damping system
				  to control the air/fuel mixture. In addition, a flare may also use auxiliary
				  fuel. The combustion flame may be elevated or at ground level. A vapor
				  combustor, as defined in this section, is not considered a flare.
(38) Fuel oil--Any oil meeting the American
				  Society for Testing and Materials (ASTM) specifications for fuel oil in ASTM
				  D396-01, Standard Specifications for Fuel Oils, revised 2001. This includes
				  fuel oil grades 1, 1 (Low Sulfur), 2, 2 (Low Sulfur), 4 (Light), 4, 5 (Light),
				  5 (Heavy), and 6.
(39) Fugitive
				  emission--Any gaseous or particulate contaminant entering the atmosphere that
				  could not reasonably pass through a stack, chimney, vent, or other functionally
				  equivalent opening designed to direct or control its flow.
(40) Garbage--Solid waste consisting of
				  putrescible animal and vegetable waste materials resulting from the handling,
				  preparation, cooking, and consumption of food, including waste materials from
				  markets, storage facilities, and handling and sale of produce and other food
				  products.
(41) Gasoline--Any
				  petroleum distillate having a Reid vapor pressure of four pounds per square
				  inch (27.6 kilopascals) or greater that is produced for use as a motor fuel,
				  and is commonly called gasoline.
(42) Greenhouse gases (GHGs)--the aggregate
				  group of six greenhouse gases: carbon dioxide (CO2),
				  nitrous oxide (N2O), methane
				  (CH4), hydrofluorocarbons (HFCs), perfluorocarbons
				  (PFCs), and sulfur hexafluoride (SF6).
(43) Hazardous wastes--Any solid waste
				  identified or listed as a hazardous waste by the administrator of the United
				  States Environmental Protection Agency under the federal Solid Waste Disposal
				  Act, as amended by Resource Conservation and Recovery Act,
				  42 United States Code, §§
											6901 et seq., as amended.
(44) Heatset (used in offset lithographic
				  printing)--Any operation where heat is required to evaporate ink oil from the
				  printing ink. Hot air dryers are used to deliver the heat.
(45) High-bake coatings--Coatings designed to
				  cure at temperatures above 194 degrees Fahrenheit.
(46) High-volume low-pressure spray
				  guns--Equipment used to apply coatings by means of a spray gun that operates
				  between 0.1 and 10.0 pounds per square inch gauge air pressure measured at the
				  air cap.
(47) Incinerator--An
				  enclosed combustion apparatus and attachments that is used in the process of
				  burning wastes for the primary purpose of reducing its volume and weight by
				  removing the combustibles of the waste and is equipped with a flue for
				  conducting products of combustion to the atmosphere. Any combustion device that
				  burns 10% or more of solid waste on a total British thermal unit (Btu) heat
				  input basis averaged over any one-hour period is considered to be an
				  incinerator. A combustion device without instrumentation or methodology to
				  determine hourly flow rates of solid waste and burning 1.0% or more of solid
				  waste on a total Btu heat input basis averaged annually is also considered to
				  be an incinerator. An open-trench type (with closed ends) combustion unit may
				  be considered an incinerator when approved by the executive director. Devices
				  burning untreated wood scraps, waste wood, or sludge from the treatment of
				  wastewater from the process mills as a primary fuel for heat recovery are not
				  included under this definition. Combustion devices permitted under this title
				  as combustion devices other than incinerators will not be considered
				  incinerators for application of any rule within this title provided they are
				  installed and operated in compliance with the condition of all applicable
				  permits.
(48) Industrial boiler--A
				  boiler located on the site of a facility engaged in a manufacturing process
				  where substances are transformed into new products, including the component
				  parts of products, by mechanical or chemical processes.
(49) Industrial furnace--Cement kilns; lime
				  kilns; aggregate kilns; phosphate kilns; coke ovens; blast furnaces; smelting,
				  melting, or refining furnaces, including pyrometallurgical devices such as
				  cupolas, reverberator furnaces, sintering machines, roasters, or foundry
				  furnaces; titanium dioxide chloride process oxidation reactors; methane
				  reforming furnaces; pulping recovery furnaces; combustion devices used in the
				  recovery of sulfur values from spent sulfuric acid; and other devices the
				  commission may list.
(50)
				  Industrial solid waste--Solid waste resulting from, or incidental to, any
				  process of industry or manufacturing, or mining or agricultural operations,
				  classified as follows.
(A) Class 1 industrial
				  solid waste or Class 1 waste is any industrial solid waste designated as Class
				  1 by the executive director as any industrial solid waste or mixture of
				  industrial solid wastes that because of its concentration or physical or
				  chemical characteristics is toxic, corrosive, flammable, a strong sensitizer or
				  irritant, a generator of sudden pressure by decomposition, heat, or other
				  means, and may pose a substantial present or potential danger to human health
				  or the environment when improperly processed, stored, transported, or otherwise
				  managed, including hazardous industrial waste, as defined in §
											335.1 and
				  §
											335.505
				  of this title (relating to Definitions and Class 1 Waste
				  Determination).
(B) Class 2
				  industrial solid waste is any individual solid waste or combination of
				  industrial solid wastes that cannot be described as Class 1 or Class 3, as
				  defined in §
											335.506
				  of this title (relating to Class 2 Waste Determination).
(C) Class 3 industrial solid waste is any
				  inert and essentially insoluble industrial solid waste, including materials
				  such as rock, brick, glass, dirt, and certain plastics and rubber, etc., that
				  are not readily decomposable as defined in §
											335.507
				  of this title (relating to Class 3 Waste Determination).