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Texas SIP: 30 TAC 101.01: Definitions; SIP effective date: 2001-12-14 until until 2005-04-29

Regulatory Text: 
TX Chapter 101.  General Rules 


§101.1.  Definitions.
As adopted by TNRCC September 26, 2001, effective October 18, 2001.
Approved by EPA November 14, 2001 (66 FR 57260) effective December 14, 2001.

Unless specifically defined in the 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 which are defined by the TCAA, the following terms, when used in this chapter, shall 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), all sources which 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)  Ambient air - That portion of the atmosphere, external to buildings, to which the general public has access.

          (4)  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.

          (5)  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.

          (6)  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.

          (7)  Carbon adsorber - An add-on control device which uses activated carbon to adsorb volatile organic compounds (VOC) from a gas stream.

          (8)  Carbon adsorption system - A carbon adsorber with an inlet and outlet for exhaust gases and a system to regenerate the saturated adsorbent.

          (9)  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.

          (10)  Cold solvent cleaning - A batch process that uses liquid solvent to remove soils from the surfaces of metal 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.

          (11)  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.

          (12)  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 which disposes only waste generated on-site or a facility that accepts waste only from other facilities owned or effectively controlled by the same person.

          (13)  Commercial incinerator - An incinerator used to dispose of waste material from retail and wholesale trade establishments.  (See incinerator.)

          (14)  Commercial medical waste incinerator - A facility that accepts for incineration medical waste generated outside the property boundaries of the facility.

          (15)  Component - A piece of equipment, including, but not limited to, pumps, valves, compressors, and pressure relief valves, which has the potential to leak VOCs.

          (16)  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.

          (17)  Construction-demolition waste - Waste resulting from construction or demolition projects.

          (18)  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.

          (19)  Conveyorized degreasing - A solvent cleaning process that uses an automated parts handling system, typically a conveyor, to automatically provide a continuous supply of metal 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.

          (20)  Criteria Pollutant or Standard - Any pollutant for which there is a National Ambient Air Quality Standard established under 40 Code of Federal Regulations (CFR) Part 50.

          (21)  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.

          (22)  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 which has undergone a major modification, which does not exceed the following specified amounts.


Inhalable Particulate Matter (PM10) 1.0 µg/m3 5 µg/m3
Sulfur Dioxide 1.0 µg/m3 5 µg/m3 25 µg/m3
Nitrogen Dioxide 1.0 µg/m3
Carbon Monoxide  0.5 mg/m3 2 mg/m3

          (23)  Domestic wastes - The garbage and rubbish normally resulting from the functions of life within a residence.

          (24)  Emissions banking - A system for recording emissions reduction credits so they may be used or transferred for future use.
          (25)  Emissions reduction credit (ERC) - Any stationary source emissions reduction which has been banked in accordance with Chapter 101, Subchapter H, Division 1 of this title (relating to Emission Credit Banking and Trading).

          (26)  Emissions reduction credit certificate - The certificate issued by the executive director which indicates the amount of qualified reduction available for use as offsets and the length of time the reduction is eligible for use.

          (27)  Emissions unit - Any part of a stationary source which emits or would have the potential to emit any pollutant subject to regulation under the FCAA.

          (28)  Exempt solvent - Those carbon compounds or mixtures of carbon compounds used as solvents which have been excluded from the definition of volatile organic compound.

          (29)  External floating roof - A cover or roof in an open top tank which 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.

          (30)  Federal motor vehicle regulation - Control of Air Pollution from Motor Vehicles and Motor Vehicle Engines, 40 CFR Part 85.

          (31)  Federally enforceable - All limitations and conditions which are enforceable by the EPA administrator, including those requirements developed under 40 CFR Parts 60 and 61, requirements within any applicable state implementation plan (SIP), any permit requirements established under 40 CFR §52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, 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.

          (32)  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 which 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 is not considered a flare.

          (33)  Fuel oil - Any oil meeting The American Society for Testing and Materials (ASTM) specifications for fuel oil in ASTM D 396-86, Standard Specifications for Fuel Oils.  This includes fuel oil grades 1, 2, 4 (Light), 4, 5 (Light), 5 (Heavy), and 6.

          (34)  Fugitive emission - Any gaseous or particulate contaminant entering the atmosphere which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening designed to direct or control its flow.

          (35)  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.

          (36)  Gasoline - Any petroleum distillate having a Reid Vapor Pressure (RVP) of four pounds per square inch (27.6 kPa) or greater which is produced for use as a motor fuel and is commonly called gasoline.

          (37)  Hazardous waste management facility - All contiguous land, including structures, appurtenances, and other improvements on the land, used for processing, storing, or disposing of hazardous waste.  The term includes a publicly or privately owned hazardous waste management facility consisting of processing, storage, or disposal operational hazardous waste management units such as one or more landfills, surface impoundments, waste piles, incinerators, boilers, and industrial furnaces, including cement kilns, injection wells, salt dome waste containment caverns, land treatment facilities, or a combination of units.

          (38)  Hazardous waste management unit - A landfill, surface impoundment, waste pile, boiler, industrial furnace, incinerator, cement kiln, injection well, container, drum, salt dome waste containment cavern, or land treatment unit, or any other structure, vessel, appurtenance, or other improvement on land used to manage hazardous waste.

          (39)  Hazardous wastes - Any solid waste identified or listed as a hazardous waste by the administrator of the EPA under the federal Solid Waste Disposal Act, as amended by RCRA, 42 United States Code (USC), §§6901 et seq., as amended.

          (40)  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.

          (41)  High-bake coatings - Coatings designed to cure at temperatures above 194 degrees Fahrenheit.

          (42)  High-volume low-pressure (HVLP) spray guns - Equipment used to apply coatings by means of a spray gun which operates between 0.1 and 10.0 pounds per square inch gauge air pressure.

          (43)  Incinerator - An enclosed combustion apparatus and attachments which 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 which is equipped with a flue for conducting products of combustion to the atmosphere.  Any combustion device which burns 10% or more of solid waste on a total British thermal unit (Btu) heat input basis averaged over any one-hour period shall be considered 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 shall also be considered 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 regulations within this title provided they are installed and operated in compliance with the condition of all applicable permits.

          (44)  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.

          (45)  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.

          (46)  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 of this title (relating to Definitions) and §335.505 of this title (relating to 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).

          (47)  Internal floating cover - A cover or floating roof in a fixed roof tank which rests upon or is floated upon the liquid being contained, and is equipped with a closure seal or seals to close the space between the cover edge and tank shell.

          (48)  Leak - A VOC concentration greater than 10,000 parts per million by volume (ppmv) or the amount specified by applicable rule, whichever is lower; or the dripping or exuding of process fluid based on sight, smell, or sound.

          (49)  Liquid fuel - A liquid combustible mixture, not derived from hazardous waste, with a heating value of at least 5,000 Btu per pound.

          (50)  Liquid-mounted seal - A primary seal mounted in continuous contact with the liquid between the tank wall and the floating roof around the circumference of the tank.

          (51)  Maintenance area - A geographic region of the state previously designated nonattainment under the FCAA Amendments of 1990 and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan under FCAA, §175A, as amended.  The following are the maintenance areas within the state:  Victoria Ozone Maintenance Area (60 FR 12453) - Victoria County.

          (52)  Maintenance Plan - A revision to the applicable SIP, meeting the requirements of FCAA, §175A.

          (53)  Marine vessel - Any watercraft used, or capable of being used, as a means of transportation on water, and that is constructed or adapted to carry, or that carries, oil, gasoline, or other volatile organic liquid in bulk as a cargo or cargo residue.

          (54)  Mechanical shoe seal - A metal sheet which is held vertically against the storage tank wall by springs or weighted levers and is connected by braces to the floating roof.  A flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating roof.

          (55)  Medical waste - Waste materials identified by the Texas Department of Health as "special waste from health care-related facilities" and those waste materials commingled and discarded with special waste from health care related facilities.

          (56)  Metropolitan Planning Organization (MPO) - That organization designated as being responsible, together with the state, for conducting the continuing, cooperative, and comprehensive planning process under 23 USC, §134 and 49 USC, §1607.

          (57)  Mobile emissions reduction credit (MERC) - The credit obtained from an enforceable, permanent, quantifiable, and surplus (to other federal and state regulations) emissions reduction generated by a mobile source as set forth in Chapter 114, Subchapter E of this title (relating to Low Emission Vehicle Fleet Requirements) or Chapter 114, Subchapter F of this title (relating to Vehicle Retirement and Mobile Emission Reduction Credits), and which has been banked in accordance with Chapter 101, Subchapter H, Division 1 of this title.

          (58)  Motor vehicle - A self propelled vehicle designed for transporting persons or property on a street or highway.

          (59)  Motor vehicle fuel dispensing facility - Any site where gasoline is dispensed to motor vehicle fuel tanks from stationary storage tanks.

          (60)  Municipal solid waste - Solid waste resulting from, or incidental to, municipal, community, commercial, institutional, and recreational activities, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and all other solid waste except industrial solid waste.

          (61)  Municipal solid waste facility - All contiguous land, structures, other appurtenances, and improvements on the land used for processing, storing, or disposing of solid waste. A facility may be publicly or privately owned and may consist of several processing, storage, or disposal operational units, e.g., one or more landfills, surface impoundments, or combinations of them.

          (62)  Municipal solid waste landfill - A discrete area of land or an excavation that receives household waste and that is not a land application unit, surface impoundment, injection well, or waste pile, as those terms are defined under 40 CFR §257.2.  A municipal solid waste landfill (MSWLF) unit also may receive other types of RCRA Subtitle D wastes, such as commercial solid waste, non-hazardous sludge, conditionally exempt small-quantity generator waste, and industrial solid waste.  Such a landfill may be publicly or privately owned.  An MSWLF unit may be a new MSWLF unit, an existing MSWLF unit, or a lateral expansion.

          (63)  National Ambient Air Quality Standard (NAAQS) - Those standards established under FCAA, §109, including standards for carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO2), ozone (O3), inhalable particulate matter (PM10 and PM2.5), and sulfur dioxide (SO2).

          (64)  Net ground-level concentration - The concentration of an air contaminant as measured at or beyond the property boundary minus the representative concentration flowing onto a property as measured at any point.  Where there is no expected influence of the air contaminant flowing onto a property from other sources, the net ground level concentration may be determined by a measurement at or beyond the property boundary.

          (65)  New source - Any stationary source, the construction or modification of which was commenced after March 5, 1972.

          (66)  Nonattainment area - A defined region within the state which is designated by EPA as failing to meet the National Ambient Air Quality Standard for a pollutant for which a standard exists.  The EPA will designate the area as nonattainment under the provisions of FCAA, §107(d). For the official list and boundaries of nonattainment areas, see 40 CFR Part 81 and pertinent Federal Register notices.  The following areas comprise the nonattainment areas within the state: 

               (A)  Carbon monoxide (CO).  El Paso (ELP) CO nonattainment area (56 FR 56694)--Classified as a Moderate CO nonattainment area with a design value less than or equal to 12.7 parts per million. Portion of El Paso County.  Portion of the city limits of El Paso:  That portion of the City of El Paso bounded on the north by Highway 10 from Porfirio Diaz Street to Raynolds Street, Raynolds Street from Highway 10 to the Southern Pacific Railroad lines, the Southern Pacific Railroad lines from Raynolds Street to Highway 62, Highway 62 from the Southern Pacific Railroad lines to Highway 20, and Highway 20 from Highway 62 to Polo Inn Road.  Bounded on the east by Polo Inn Road from Highway 20 to the Texas-Mexico border.  Bounded on the south by the Texas-Mexico border from Polo Inn Road to Porfirio Diaz Street.  Bounded on the west by Porfirio Diaz Street from the Texas-Mexico border to Highway 10.

               (B)  Inhalable particulate matter (PM10).  El Paso (ELP) PM10 nonattainment area (56 FR 56694)--Classified as a Moderate PM10 nonattainment area.  Portion of El Paso County which comprises the El Paso city limit boundaries as they existed on November 15, 1990.

               (C)  Lead.  Collin County lead nonattainment area (56 FR 56694)--Portion of Collin County.  Eastside:  Starting at the intersection of south Fifth Street and the fence line approximately 1,000 feet south of the Gould National Batteries (GNB) property line going north to the intersection of south Fifth Street and Eubanks Street; Northside:  Proceeding west on Eubanks to the Burlington Railroad tracks; Westside:  Along the Burlington Railroad tracks to the fence line approximately 1,000 feet south of the GNB property line; Southside:  Fence line approximately 1,000 feet south of the GNB property line.

               (D)  Nitrogen Dioxide (NO2).  No designated nonattainment areas.

               (E)  Ozone.

                    (i)  Houston/Galveston (HGA) ozone nonattainment area (56 FR 56694)--Classified as a Severe-17 ozone nonattainment area.  Consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties.

                    (ii)  El Paso (ELP) ozone nonattainment area (56 FR 56694)--Classified as a Serious ozone nonattainment area.  Consists of El Paso County.

                    (iii)  Beaumont/Port Arthur (BPA) ozone nonattainment area (61 FR 14496)--Classified as a Moderate ozone nonattainment area.  Consists of Hardin, Jefferson, and Orange Counties.

                    (iv)  Dallas/Fort Worth (DFW) ozone nonattainment area (63 FR 8128)--Classified as a Serious ozone nonattainment area.  Consists of Collin, Dallas, Denton, and Tarrant Counties.

               (F)  Sulfur Dioxide (SO2).  No designated nonattainment areas.

          (67)  Nonreportable upset - Any upset that is not a reportable upset as defined in this section.

          (68)  Opacity - The degree to which an emission of air contaminants obstructs the transmission of light expressed as the percentage of light obstructed as measured by an optical instrument or trained observer.

          (69)  Open-top vapor degreasing - A batch solvent cleaning process that is open to the air and which uses boiling solvent to create solvent vapor used to clean or dry metal parts through condensation of the hot solvent vapors on the colder metal parts.

          (70)  Outdoor burning - Any fire or smoke-producing process which is not conducted in a combustion unit.

          (71)  Particulate matter - Any material, except uncombined water, that exists as a solid or liquid in the atmosphere or in a gas stream at standard conditions.

          (72)  Particulate matter emissions - All finely-divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by EPA Reference Method 5, as specified at 40 CFR Part 60, Appendix A, modified to include particulate caught by impinger train; by an equivalent or alternative method, as specified at 40 CFR Part 51; or by a test method specified in an approved SIP.

          (73)  Petroleum refinery - Any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of crude oil, or through the redistillation, cracking, extraction, reforming, or other processing of unfinished petroleum derivatives.

          (74)  PM10 - Particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on 40 CFR Part 50, Appendix J and designated in accordance with 40 CFR Part 53, or by an equivalent method designated with that Part 53.

          (75)  PM10 emissions - Finely-divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal ten micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternative method specified in 40 CFR Part 51, or by a test method specified in an approved SIP.

          (76)  Polychlorinated biphenyl compound (PCB) - A compound subject to 40 CFR Part 761.

          (77)  Process or processes - Any action, operation, or treatment embracing chemical, commercial, industrial, or manufacturing factors such as combustion units, kilns, stills, dryers, roasters, and equipment used in connection therewith, and all other methods or forms of manufacturing or processing that may emit smoke, particulate matter, gaseous matter, or visible emissions.

          (78)  Process weight per hour - "Process weight" is the total weight of all materials introduced or recirculated into any specific process which may cause any discharge of air contaminants into the atmosphere.  Solid fuels charged into the process will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not.  The "process weight per hour" will be derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, excluding any time during which the equipment used to conduct the process is idle.  For continuous operation, the "process weight per hour" will be derived by dividing the total process weight for a 24-hour period by 24. 

          (79)  Property - All land under common control or ownership coupled with all improvements on such land, and all fixed or movable objects on such land, or any vessel on the waters of this state.

          (80)  Reasonable further progress (RFP) - Annual incremental reductions in emissions of the applicable air contaminant which are sufficient to provide for attainment of the applicable national ambient air quality standard in the designated nonattainment areas by the date required in the SIP.

          (81)  Remote reservoir cold solvent cleaning - Any cold solvent cleaning operation in which liquid solvent is pumped to a sink-like work area that drains solvent back into an enclosed container while parts are being cleaned, allowing no solvent to pool in the work area.

          (82)  Reportable quantity (RQ) - Is as follows:

               (A)  for individual air contaminant compounds and specifically listed mixtures, either:

                    (i)  the lowest of the quantities:

                         (I)  listed in 40 CFR §302, Table 302.4, the column "final RQ";

                         (II)  listed in 40 CFR §355, Appendix A, the column "Reportable Quantity"; or

                         (III)  listed as follows:

                              (-a-)  butanes (any isomer)--5,000 pounds;

                              (-b-)  butenes (any isomer, except 1,3-butadiene)--5,000 pounds;

                              (-c-)  ethylene--5,000 pounds;

                              (-d-)  carbon monoxide--5,000 pounds;

                              (-e-)  pentanes (any isomer)--5,000 pounds;

                              (-f-)  propane--5,000 pounds;

                              (-g-)  propylene--5,000 pounds;

                              (-h-)  ethanol--5,000 pounds;

                              (-i-)  isopropyl alcohol--5,000 pounds;

                              (-j-)  mineral spirits--5,000 pounds;

                              (-k-)  hexanes (any isomer)--5,000 pounds;

                              (-l-)  octanes (any isomer)--5,000 pounds;

                              (-m-)  decanes (any isomer)--5,000 pounds; or

                    (ii)  if not listed in clause (i) of this subparagraph, 100 pounds;

               (B)  for mixtures of air contaminant compounds:

                    (i)  where the relative amount of individual air contaminant compounds is known through common process knowledge or prior engineering analysis or testing, any amount of an individual air contaminant compound which equals or exceeds the amount specified in subparagraph (A) of this paragraph;

                    (ii)  where the relative amount of individual air contaminant compounds in subparagraph (A)(i) of this paragraph is not known, any amount of the mixture which equals or exceeds the amount for any single air contaminant compound that is present in the mixture and listed in subparagraph (A)(i) of this paragraph;

                    (iii)  where each of the individual air contaminant compounds listed in subparagraph (A)(i) of this paragraph are known to be less than 0.02% by weight of the mixture, and each of the other individual air contaminant compounds covered by subparagraph (A)(ii) of this paragraph are known to be less than 2.0% by weight of the mixture, any total amount of the mixture of air contaminant compounds greater than or equal to 5,000 pounds; or

                    (iv)  where natural gas excluding methane and ethane, or air emissions from crude oil are known to be in an amount greater than or equal to 5,000 pounds or associated hydrogen sulfide and mercaptans in a total amount greater than 100 pounds, whichever occurs first;

               (C)  for opacity, an opacity which is equal to or exceeds 15 additional percentage points above the applicable limit, averaged over a six-minute period.  Opacity is the only reportable quantity applicable to boilers or combustion turbines fueled by natural gas, coal, lignite, wood, or fuel oil containing hazardous air pollutants at a concentration of less than 0.02% by weight;

               (D)  for facilities where air contaminant compounds are measured directly by a continuous emission monitoring system providing updated readings at a minimum 15-minute interval an amount, approved by the executive director based on any relevant conditions and a screening model, that would be reported prior to ground level concentrations reaching at any distance beyond the closest facility property line:

                    (i)  less than one half of any applicable ambient air standards; and

                    (ii)  less than two times the concentration of applicable air emission limitations.

          (83)  Reportable upset - Any upset which, in any 24-hour period, results in an unauthorized emission of air contaminants equal to or in excess of the reportable quantity as defined in this section.

          (84)  Rubbish - Nonputrescible solid waste, consisting of both combustible and noncombustible waste materials.  Combustible rubbish includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials.  Noncombustible rubbish includes glass, crockery, tin cans, aluminum cans, metal furniture, and like materials which will not burn at ordinary incinerator temperatures (1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit).

          (85)  Sludge - Any solid or semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant; water supply treatment plant, exclusive of the treated effluent from a wastewater treatment plant; or air pollution control equipment.

          (86)  Smoke - Small gas-born particles resulting from incomplete combustion consisting predominately of carbon and other combustible material and present in sufficient quantity to be visible.

          (87)  Solid waste - Garbage, rubbish, refuse, sludge from a waste water treatment plant, water supply treatment plant, or air pollution control equipment, and other discarded material, including solid, liquid, semisolid, or containerized gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities.  The term does not include: 

               (A)  solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued under the Texas Water Code, Chapter 26;

               (B)  soil, dirt, rock, sand, and other natural or man-made inert solid materials used to fill land, if the object of the fill is to make the land suitable for the construction of surface improvements; or

               (C)  waste materials that result from activities associated with the exploration, development, or production of oil or gas, or geothermal resources, and other substance or material regulated by the Railroad Commission of Texas under the Natural Resources Code, §91.101, unless the waste, substance, or material results from activities associated with gasoline plants, natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants and is hazardous waste as defined by the administrator of the EPA under the federal Solid Waste Disposal Act, as amended by RCRA, as amended (42 USC, §§6901 et seq.).

          (88)  Sour crude - A crude oil which will emit a sour gas when in equilibrium at atmospheric pressure.

          (89)  Sour gas - Any natural gas containing more than 1.5 grains of hydrogen sulfide per 100 cubic feet, or more than 30 grains of total sulfur per 100 cubic feet.

          (90)  Source - A point of origin of air contaminants, whether privately or publicly owned or operated. Upon request of a source owner, the executive director shall determine whether multiple processes emitting air contaminants from a single point of emission will be treated as a single source or as multiple sources.

          (91)  Special waste from health care related facilities - A solid waste which if improperly treated or handled may serve to transmit infectious disease(s) and which is comprised of the following:  animal waste, bulk blood and blood products, microbiological waste, pathological waste, and sharps.

          (92)  Standard conditions - A condition at a temperature of 68 degrees Fahrenheit (20 degrees Centigrade) and a pressure of 14.7 pounds per square inch absolute (101.3 kPa).  Pollutant concentrations from an incinerator will be corrected to a condition of 50% excess air if the incinerator is operating at greater than 50% excess air.

          (93)  Standard metropolitan statistical area - An area consisting of a county or one or more contiguous counties which is officially so designated by the United States Bureau of the Budget.

          (94)  Submerged fill pipe - A fill pipe that extends from the top of a tank to have a maximum clearance of six inches (15.2 cm) from the bottom or, when applied to a tank which is loaded from the side, that has a discharge opening entirely submerged when the pipe used to withdraw liquid from the tank can no longer withdraw liquid in normal operation.

          (95)  Sulfur compounds - All inorganic or organic chemicals having an atom or atoms of sulfur in their chemical structure.

          (96)  Sulfuric acid mist/sulfuric acid - Emissions of sulfuric acid mist and sulfuric acid are considered to be the same air contaminant calculated as H2SO4 and shall include sulfuric acid liquid mist, sulfur trioxide, and sulfuric acid vapor as measured by Test Method 8 in 40 CFR Part 60, Appendix A.

          (97)  Sweet crude oil and gas - Those crude petroleum hydrocarbons that are not "sour" as defined in this section.

          (98)  Total suspended particulate - Particulate matter as measured by the method described in 40 CFR Part 50, Appendix B.

          (99)  Transfer efficiency - The amount of coating solids deposited onto the surface or a part of product divided by the total amount of coating solids delivered to the coating application system.

          (100)  True vapor pressure - The absolute aggregate partial vapor pressure (psia) of all VOCs at the temperature of storage, handling, or processing.

          (101)  Unauthorized emission - An emission of any air contaminant except carbon dioxide, water, nitrogen, methane, ethane, noble gases, hydrogen, and oxygen which exceeds any air emission limitation in a permit, rule, or order of the commission or as authorized by TCAA, §382.0518(g).

          (102)  Upset - An unscheduled occurrence or excursion of a process or operation that results in an unauthorized emission of air contaminants.

          (103)  Utility boiler - A boiler used to produce electric power, steam, or heated or cooled air, or other gases or fluids for sale.

          (104)  Vapor combustor - A partially enclosed combustion device used to destroy VOCs by smokeless combustion without extracting energy in the form of process heat or steam.  The combustion flame may be partially visible, but at no time does the device operate with an uncontrolled flame.  Auxiliary fuel and/or a flame air control damping system, which can operate at all times to control the air/fuel mixture to the combustor's flame zone, may be required to ensure smokeless combustion during operation.

          (105)  Vapor-mounted seal - A primary seal mounted so there is an annular space underneath the seal.  The annular vapor space is bounded by the bottom of the primary seal, the tank wall, the liquid surface, and the floating roof or cover.

          (106)  Vent - Any duct, stack, chimney, flue, conduit, or other device used to conduct air contaminants into the atmosphere.

          (107)  Visible emissions - Particulate or gaseous matter which can be detected by the human eye.  The radiant energy from an open flame shall not be considered a visible emission under this definition.

          (108) Volatile organic compound (VOC) - Any compound of carbon or mixture of carbon compounds excluding 
1,1,1-trichloroethane (methyl chloroform); 
methylene chloride (dichloromethane); 
perchloroethylene (tetrachloroethylene); 
trichlorofluoromethane (CFC-11); 
dichlorodifluoromethane (CFC-12); 
chlorodifluoromethane (HCFC-22); 
trifluoromethane (HFC-23); 
1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); 
1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114); 
chloropentafluoroethane (CFC-115); 
1,1,1-trifluoro-2,2-dichloroethane (HCFC-123); 
2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); 
pentafluoroethane (HFC-125); 
1,1,2,2-tetrafluoroethane (HFC-134); 
1,1,1,2-tetrafluoroethane (HFC-134a); 
1,1-dichloro-1-fluoroethane (HCFC-141b); 
1-chloro-1,1-difluoroethane (HCFC-142b); 
1,1,1-trifluoroethane (HFC-143a); 
1,1-difluoroethane (HFC-152a); 
parachlorobenzotrifluoride (PCBTF); 
cyclic, branched, or linear completely methylated siloxanes; 
3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 
1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb); 
1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee); 
difluoromethane (HFC-32); 
ethylfluoride (HFC-161); 
1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 
1,1,2,2,3-pentafluoropropane (HFC-245ca); 
1,1,2,3,3-pentafluoropropane (HFC-245ea); 
1,1,1,2,3-pentafluoropropane (HFC-245eb); 
1,1,1,3,3-pentafluoropropane (HFC-245fa); 
1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 
1,1,1,3,3-pentafluorobutane (HFC-365mfc); 
chlorofluoromethane (HCFC-31); 
1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); 
1-chloro-1-fluoroethane (HCFC-151a); 
methyl acetate; 
carbon monoxide; 
carbon dioxide; 
carbonic acid; 
metallic carbides or carbonates; 
ammonium carbonate; 
and perfluorocarbon compounds which fall into these classes: 
               (A)  cyclic, branched, or linear, completely fluorinated alkanes;

               (B)  cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;

               (C)  cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and

               (D)  sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

          (109)  VOC water separator - Any tank, box, sump, or other container in which any VOC, floating on or contained in water entering such tank, box, sump, or other container, is physically separated and removed from such water prior to outfall, drainage, or recovery of such water.

As adopted by TNRCC September 26, 2001, effective October 18, 2001 (G-70).
*********** end tx 101.1 as approved by epa 11/14/2001 ****TXd31*****dy8**