An official website of the United States government.

This is not the current EPA website. To navigate to the current EPA website, please go to This website is historical material reflecting the EPA website as it existed on January 19, 2021. This website is no longer updated and links to external websites and some internal pages may not work. More information »

Texas SIP: 30 TAC 116.10 General Definitions; SIP effective 2002.10.18, 2006.10.06

Regulatory Text: 
Texas Chapter 116 - Control of Air Pollution by Permits for New Construction or Modification


§116.10.  General Definitions.
As adopted by TNRCC June 17, 1998, effective July 8, 1998 (6-48).
Approved by EPA September 18, 2002 (67 FR 58697) effective October 18, 2002 (TXd34).
Subsections  (1), (2), (3), (4), (6), (8), (9), (10), and (14) NOT in SIP.
Approved by EPA September 6, 2006 (71 FR 52698) effective October 6, 2006 (TXd81).
Subsections  (1), (2), (3), (6), (8), (9), (10), and (14) NOT in SIP.

NOTE TO READER: All the definitions below except definition (4), Facility, were approved by EPA September 18, 2002 (67 FR 58697) effective October 18, 2002 (TXd34).  Definition (4) was approved by EPA September 6, 2006 (71 FR 52698) effective October 6, 2006 (TXd81).  END NOTE TO READER

The rules below superseded by §116.10 approved by EPA August 28, 2007 (72 FR 49198) effective October 29, 2007 (TXd88).

     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, and in §101.1 of this title (relating to Definitions), the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

          (1), (2), (3)  NOT in SIP

          (4)  Facility - A discrete or identifiable structure, device, item, equipment, or enclosure that constitutes or contains a stationary source, including appurtenances other than emission control equipment.  A mine, quarry, well test, or road is not a facility. SIP effective date: October 6, 2006.

          (5)  Federally enforceable -- All limitations and conditions which are enforceable by the EPA, including:

               (A)  those requirements developed under Title 40 of the Code of Federal Regulations (CFR) Parts 60 and 61 (40 CFR 60 and 61);

               (B)  Chapter 113, Subchapter C of this title (relating to National Emission Standards for Hazardous Air Pollutants for Source Categories (FCAA §112, 40 CFR 63));

               (C)  requirements within any applicable state implementation plan (SIP);

               (D)  any permit requirements established under 40 CFR §52.21; or

               (E)  any permit requirements established under regulations approved under 40 CFR Part 51, Subpart I, including permits issued under the EPA-approved program that is incorporated into the SIP and that expressly requires adherence to any permit issued under such program.

          (6)  NOT in SIP

          (7)  Lead smelting plant -- Any facility which produces purified lead by melting and separating lead from metal and nonmetallic contaminants and/or by reducing oxides into elemental lead.  Raw materials consist of lead concentrates, lead-bearing ores or lead scrap, drosses, or other lead-bearing residues.  Additional processing may include refining and alloying.  A facility which only remelts lead bars or ingots for casting into lead products is not a lead smelting plant.

          (8), (9), (10)  NOT in SIP

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

          (12)  Nonattainment area -- A defined region within the state which is designated by the 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).

          (13)  Public notice -- The public notice of application for a permit as required in this chapter.

          (14)  NOT in SIP

          (15)  Source -- A point of origin of air contaminants, whether privately or publicly owned or operated.

As adopted by TNRCC June 17, 1998, effective July 8, 1998 (6-48)
***end tx 116.10***6-48***EPA-R06-OAR-2005-TX-0006***TX012***TXd81***h1w***