Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,908
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purposes of the TCAA. The amendments are also proposed
under TCAA, 382.002, concerning Policy and Purpose, which
establishes the commission's purpose to safeguard the state's
air resources, consistent with the protection of public health,
general welfare, and physical property; 382.011, concerning
General Powers and Duties, which authorizes the commission to
control the quality of the state's air; 382.012, concerning State
Air Control Plan, which authorizes the commission to develop a
general, comprehensive plan for control of the state's air; and
382.016, concerning Monitoring Requirements, Examination
of Records, which authorizes the commission to prescribe
reasonable requirements for the measuring and monitoring
of emissions of air contaminants. The amendment is also
proposed under 42 United States Code (USC), 7410(a)(2)(A),
which requires SIPs to include enforceable emission limitations
and other control measures or techniques, including economic
incentives such as fees, marketable permits, and auction of
emission rights.
The proposed amendment implements TWC, 5.103 and
5.105; and TCAA, 382.002, 382.011, 382.012, and 382.016.
116.12. Nonattainment Review Definitions.
Unless specifically defined in the TCAA [Texas Clean Air Act
(TAA)] or in the rules of the commission, the terms used by the com-
mission have the meanings commonly ascribed to them in the field of
air pollution control. The terms in this section are applicable to permit
review for major source construction and major source modification
in nonattainment areas. In addition to the terms which are defined
by the TCAA, and in 101.1 of this title (relating to Definitions), the
following words and terms, when used in 116.150 and 116.151 of
this title (relating to Nonattainment Review), shall have the following
meanings, unless the context clearly indicates otherwise.
(1) - (6) (No change.)
(7) Contemporaneous period--As follows.
(A) For major sources with the potential to emit 250
tons per year (tpy) [tpy] or more of a nonattainment pollutant, the period
between:
(i) - (ii) (No change.)
(B) - (C) (No change.)
(8) De minimis threshold test (netting)--A method of de-
termining if a proposed emission increase will trigger nonattainment
review. The summation of the proposed increase with all other cred-
itable source emission increases and decreases during the contempora-
neous period is compared to the MAJOR MODIFICATION column of
Table I (in tons per year [tpy]) for that specific nonattainment area. If
the major modification level is exceeded, then nonattainment review is
required.
(9) Lowest achievable emission rate--For any emitting fa-
cility, that rate of emissions of a contaminant which does not exceed
the amount allowable under applicable New Source Performance Stan-
dards promulgated by the EPA [United States Environmental Protee-
tion Agency] under the FCAA [Federal Glean Air Act], 111, and
which reflects the following:
(A) - (B) (No change.)
(10) Major facility/stationary source--Any facility/station-
ary source which emits, or has the potential to emit, the amount speci-
fied in the MAJOR SOURCE column of Table I of this section or more
of any air contaminant (including volatile organic compounds (VOCs))
for which a National Ambient Air Quality Standard (NAAQS) has been
issued. Any physical change that would occur at a stationary source notqualifying as a major stationary source in Table I of this section, if the
change would constitute a major stationary source by itself. A major
stationary source that is major for VOCs [volatile organic compounds]
or nitrogen oxides shall be considered major for ozone. The fugitive
emissions of a stationary source shall not be included in determining
for any of the purposes of this definition whether it is a major station-
ary source, unless the source belongs to one of the categories of sta-
tionary sources listed in [Title] 40 Code of Federal Regulations[, Part]
51.165(a)(1)(iv)(C).
(11) Major modification--As follows.
(A) Any physical change in, or change in the method
of operation of a facility/stationary source that causes a significant net
emissions increase for any air contaminant for which a National Ambi-
ent Air Quality Standard (NAAQS) [an NAAQS] has been issued. At
a facility/stationary source that is not major prior to the increase, the
increase by itself must equal or exceed that specified in the MAJOR
SOURCE column of Table I of this section. At an existing major facil-
ity/stationary source, the increase must equal or exceed that specified
in the MAJOR MODIFICATION column of Table I.
Figure: 30 TAC 116.12(11)(A)
(B) (No change.)
(12) (No change.)
(13) Net emissions increase--The amount by which the
sum of the following exceeds zero: the total increase in actual
emissions from a particular physical change or change in the method
of operation at a stationary source, plus any sourcewide creditable
contemporaneous emission increases, minus any sourcewide creditable
contemporaneous emission decreases.
(A) - (D) (No change.)
(E) At major sources with the potential to emit 250 tons
per year [tpy] or more of a nonattainment pollutant:
(i) - (ii) (No change.)
(F) For all major sources of nitrogen oxides (NO)
[NO] in ozone nonattainment areas, increases and decreases of NO
are creditable only if they resulted from authorizations or applications
received on or after November 15, 1992.
(14) Offset ratio--For the purpose of satisfying the emis-
sions offset reduction requirements of the FCAA, 173(a)(1)(A), the
emissions offset ratio is the ratio of total actual reductions of emissions
to total allowable emissions increases of such pollutants. The minimum
offset ratios are included in Table I of this section under the definition of
major modification. In order forareductionto qualify asan offset, itmust
be certified as an emission credit under Chapter 101, Subchapter H, Divi-
sion 1 or 4 of this title (relating to Emission Credit Banking or Trading; or
Discrete Emission Credit Banking and Trading), except as provided for in
116.170(b) ofthis title (relating to Applicability of EmissionReductions
as Offsets). Thereduction mustnothavebeenrelied on in the issuance of a
previous nonattainment or prevention of significant deterioration permit
[to be considered ereditable, offsets mtust be enfereabl permanent,
qu.antif le through a replicable rhool,, . ea1 and surplus- The
reduction must be surplus at the time it was created as well as when it
is used The reduction must have eeeurred after January 4, 199 and
have been reported or represented in the 1999 or a subsequent emissions
inventory The reduction must not have been relied on in the issuance
of a previous nonattainment or prevention of significant deterioration
permit].
(15) Potential to emit--The maximum capacity of a facil-
ity/stationary source to emit a pollutant under its physical and opera-
tional design. Any physical or enforceable operational limitation on the28 TexReg 2908 April 4, 2003 Texas Register
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Texas. Secretary of State. Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003, periodical, April 4, 2003; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101027/m1/87/: accessed May 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.