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Texas SIP: 30 TAC 116.11: Compliance History Definitions

Regulatory Text: 
Texas Commission on Environmental Quality

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


§116.11.  Compliance History 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).

     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 §§116.120-116.126 of this title (relating to Compliance History) shall have the following meanings, unless the context clearly indicates otherwise.

          (1)  Adjudicated decision -- Any conviction, final order, judgment, or decree as follows:

               (A)  a criminal conviction of the applicant in any court for violation of any law of this state, another state, or of the United States governing air contaminants;

               (B)  a final order, judgment, or decree of any court or administrative agency, or agreement entered into settlement of any legal or administrative action brought in a court or administrative agency, addressing:

                    (i)  the applicant's past performance or compliance with the laws and rules of this state, another state, or of the United States governing air contaminants; or

                    (ii)  the terms of any permit or order issued by the commission; or

               (C)  an order of any court or administrative agency, whether final or not, respecting air contaminants for the facility that is the subject of the permit application.

          (2)  Compliance event -- An adjudicated decision or compliance proceeding as defined in paragraphs (1) and (4) this section.

          (3)  Compliance history -- The record of an applicant's adherence to air pollution control laws and rules of the State of Texas, other states, and of the United States except as provided in §116.123 of this title (relating to Effective Dates).  The history shall be for the five-year period prior to the date on which the application for issuance, amendment, or renewal is filed.  The compliance history shall include all compliance events, as defined in this section.

          (4)  Compliance proceeding -- A notice of violation issued by the commission or other agency for which the commission has recommended formal enforcement action and has notified the applicant of such recommendation.

          (5)  Existing site -- A plant property that is not a new site.

          (6)  New site -- A plant property having an operating history less than five years in length as of the date of application.