Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter H - EMISSIONS BANKING AND TRADING › Division 3 - MASS EMISSIONS CAP AND TRADE PROGRAM › Section 101.350 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Unless 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) Adjustment period--A period of time,
					 beginning on the first day of operation of a facility and ending no more than
					 180 consecutive days later, used to make corrections and adjustments to achieve
					 normal technical operating characteristics of the facility.
(2) Affected facility--A facility subject to
					 §§
											117.310,
					 117.1210,
					 or
					 117.2010
					 of this title (relating to Emission Specifications for Attainment
					 Demonstration; and Emission Specifications) that is located at a site that is
					 subject to this division.
(3)
					 Allowance--The authorization to emit one ton of nitrogen oxides, expressed in
					 tenths of a ton, during a control period.
(4) Authorized account representative--The
					 responsible person who is authorized, in writing, to trade and otherwise manage
					 allowances.
(5) Broker--A person
					 not required to participate in the requirements of this division who opens an
					 account under this division for the purpose of banking and trading
					 allowances.
(6) Broker account--The
					 account where allowances held by a broker are recorded. Allowances may not be
					 used to satisfy compliance requirements for this division while held in a
					 broker account.
(7) Compliance
					 account--The account where allowances held by the owner or operator of a site
					 subject to this division are recorded for the purposes of meeting the
					 requirements of this division for an affected facility at that site.
(8) Control period--The 12-month period
					 beginning January 1 and ending December 31 of each year. The initial control
					 period began January 1, 2002.
(9)
					 Existing facility--A new or modified facility that either submitted an
					 application for a permit under Chapter 116 of this title (relating to Control
					 of Air Pollution by Permits for New Construction or Modification) that the
					 executive director determined to be administratively complete before January 2,
					 2001, or qualified for a permit by rule under Chapter 106 of this title
					 (relating to Permits by Rule) and commenced construction before January 2,
					 2001.
(10)
					 Houston-Galveston-Brazoria (HGB) ozone nonattainment area--An area consisting
					 of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and
					 Waller Counties.
(11) Level of
					 activity--The amount of activity at a facility measured in terms of production,
					 fuel use, raw materials input, or other similar units.
(12) Site--As defined in §
											122.10 of
					 this title (relating to General Definitions).
(13) Uncontrolled design capacity to
					 emit--The maximum capacity of a facility to emit nitrogen oxides without
					 consideration for post-combustion pollution control equipment, enforceable
					 limitations, or operational limitations. The owner or operator of a stationary
					 diesel engine may use the lower of 876 hours or a federally enforceable
					 limitation on total hours of operation to calculate uncontrolled design
					 capacity to emit if the engine would otherwise be exempt under §
											117.2003(a)(2)(I)
					 of this title (relating to Exemptions) except that the engine does not meet the
					 emission standard requirements of §
											117.2003(a)(2)(I)(ii)
					 of this title.
(14) Vintage
					 allowance--An allowance that is not used for compliance during the control
					 period in which it is allocated and remains available for use only in the
					 control period following the one in which it was allocated.