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 2 - EMISSIONS BANKING AND TRADING ALLOWANCES › Section 101.330 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						division, shall have the following meanings, unless the context clearly
						indicates otherwise.
(1)
					 Allowance--The authorization to emit one ton of nitrogen oxides (NOx) or sulfur
					 dioxide (SO 2) during a control period.
(2) Authorized account representative--The
					 responsible person who is authorized, in writing, to transfer and otherwise
					 manage allowances.
(3) Banked
					 allowance--An allowance which is not used to reconcile emissions in the
					 designated year of allocation, but which is carried forward into future years
					 and noted in the compliance or broker account as "banked."
(4) 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 emissions
					 allowances.
(5) Broker account--The
					 account where allowances held by a broker are recorded. Allowances held in a
					 broker account may not be used to satisfy compliance requirements for this
					 division.
(6) Coal--All solid fuels
					 classified as anthracite, bituminous, subbituminous, or lignite by the American
					 Society for Testing and Materials Designation ASTM D388 92 ''Standard
					 Classification of Coals by Rank'' (as incorporated by reference in Title 40
					 Code of Federal Regulations, §72.13 (effective June 25, 1999)).
(7) Coal-fired--The combustion of fuel
					 consisting of coal as defined in paragraph (6) of this section or any
					 coal-derived fuel (except coal-derived gaseous fuels with a sulfur content no
					 greater than natural gas), alone or in combination with any other fuel. The
					 definition is independent of the percentage of coal or coal-derived fuel
					 consumed during any control period.
(8) Compliance account--The account where
					 allowances held by an EGF or multiple EGFs are recorded for the purposes of
					 meeting the requirements of this division and Chapter 116, Subchapter I of this
					 title (relating to Electric Generating Facility Permits). EGFs not under common
					 ownership or control may have separate compliance accounts.
(9) Control period--The 12-month period
					 beginning May 1 of each year and ending April 30 of the following year. Control
					 periods begin May 1, 2003.
(10)
					 East Texas Region--All counties traversed by or east of Interstate Highway 35
					 north of San Antonio or traversed by or east of Interstate Highway 37 south of
					 San Antonio, and also including Bexar, Bosque, Coryell, Hood, Parker,
					 Somervell, and Wise Counties.
(11)
					 Electing EGF--An electric generating facility permitted under Chapter 116,
					 Subchapter B of this title (relating to New Source Review Permits) which is not
					 subject to the requirements of Texas Utility Code, §39.264 and elects to
					 comply with Chapter 116, Subchapter I of this title (relating to Electric
					 Generating Facility Permits).
(12)
					 Electric generating facility (EGF)--A facility that generates electric energy
					 for compensation and is owned or operated by a person in this state, including
					 a municipal corporation, electric cooperative, or river authority.
(13) El Paso Region--All of El Paso County,
					 Ciudad Juarez, Mexico, and Sunland Park, New Mexico.
(14) Grandfathered EGF--A facility that is
					 not subject to the requirement to obtain a permit under TCAA,
					 §382.0518(g), and that generates electric energy for compensation and is
					 owned or operated by a person in this state, including a municipal corporation,
					 electric cooperative, or river authority.
(15) Heat input--The heat derived from the
					 combustion of any fuel at an EGF. Heat input does not include the heat derived
					 from reheated combustion air, recirculated flue gas, or exhaust from other
					 sources.
(16) NOx allowance--An
					 authorization to emit is valid only for the purposes of meeting the
					 requirements of this division and Chapter 116, Subchapter I of this
					 title.
(17) Person--For the purpose
					 of initial issuance of permits under Chapter 116, Subchapter I of this title,
					 and for the issuance of allowances under this division, a person includes an
					 individual, a partnership of two or more persons having a joint or common
					 interest, a mutual or cooperative association, and a corporation, but does not
					 include an electric cooperative.
(18) SO2 allowance--An authorization to emit
					 SO2 valid only for the purposes for meeting the requirements of this division
					 and Chapter 116, Subchapter I of this title.
(19) West Texas Region--All counties not
					 contained in the East Texas Region or El Paso Region.