Regulatory Text: 
Texas Commission on Environmental Quality

Chapter 116 – Control of Air Pollution by Permits for New Construction or Modification

SUBCHAPTER A : DEFINITIONS

6A §116.10. Definitions.
As adopted to TNRCC August 21, 2002 effective September 12, 2002 (6-60) and Paragraph 116.10(9)(E), the definition of “modification of existing facility” as it pertains to flexible permits is as adopted by TCEQ September 15, 2010 effective October 7, 2010 (6-79).
Approved by EPA July 14, 2014 (79 FR 40666) effective August 13, 2014 (TXd155).

TXd155 Explanation for Section 116.110: “SIP includes 30 TAC Sections 116.10 (4), (5), (6), (7), (8). (9), (10), (11)(C), (11)(D), (12)-(15) and (17) as revised by the TCEQ on 8/21/2002. The SIP also includes 30 TAC Section 116.10(9)(E), the definition of “modification of existing facility” as it pertains to flexible permits as adopted on 9/15/2010.”

Regulations.gov docket EPA-R06-OAR-2013-0542 [TX153]:  The revisions to Chapter 116 adopted by TNRCC August 21, 2002 (6-60) are in document EPA-R06-OAR-2013-0542-0013 [TX153.13].  Paragraph 116.10(9)(E), as adopted by TCEQ September 15, 2010 (6-79), is available in Regulations.gov docket EPA-R06-OAR-2013-0808 [TX155], document EPA-R06-OAR-2013-0808-0003 [TX155.03].


     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.

           (4) Dockside vessel - Any water-based transportation, platforms, or similar structures which are connected or moored to the land.

           (5) Dockside vessel emissions - Those emissions originating from a dockside vessel that are the result of functions performed by onshore facilities or using onshore equipment. These emissions include, but are not limited to:
                (A) loading and unloading of liquid bulk materials;
                (B) loading and unloading of liquified gaseous materials;
                (C) loading and unloading of solid bulk materials;
                (D) cleaning and degassing of liquid vessel compartments; and
                (E) abrasive blasting and painting.

           (6) 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.

           {7) 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) Paris 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;
                (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; or
                (F) any permit requirements established under Subchapter C of this chapter (relating to Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources (FCAA, §112(g), 40 CFR Part 63)).

           (8) Grandfathered facility - Any facility that is not a new facility and has not been modified since August 30, 1971.

           (9) 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.

           (10) Maximum allowable emissions rate table (MAERT) - A table included with a preconstruction permit issued under this chapter that contains the allowable emission rates established by the permit for a facility.

           (11) Modification of existing facility - Any physical change in, or change in the method of operation of, a facility in a manner that increases the amount of any air contaminant emitted by the facility into the atmosphere or that results in the emission of any air contaminant not previously emitted. The term does not include:
                (A), (B) NOT IN SIP
                (C) maintenance or replacement of equipment components that do not increase or tend to increase the amount or change the characteristics of the air contaminants emitted into the atmosphere;
                (D) an increase in the annual hours of operation unless the existing facility has received a preconstruction permit or has been exempted, under the TCAA, §382.057, from preconstruction permit requirements;
                (E), (F), (G) NOT IN SIP

The SIP includes 30 TAC Section 116.10(9)(E), the definition of “modification of existing facility” as it pertains to flexible permits as adopted on 9/15/2010 (6-79).
                 (E) a physical change in, or change in the method of operation of, a facility where the change is within the scope of a flexible permit or a multiple plant permit.

           (12) New facility - A facility for which construction is commenced after August 30,
1971, and no contract for construction was executed on or before August 30, 1971, and that contract specified a beginning construction date on or before February 29, 1972.

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

           (14) 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).

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

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

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