SECTION 116.15. Section 112(g) Definitions

The following words and terms, when used in Subchapter C of this chapter (relating to Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources, Subpart B, Requirements for Control Technology (FCAA, §112(g), 40 Code of Federal Regulations (CFR) Part 63)), as amended December 27, 1996, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Affected source--The stationary source or group of stationary sources which, when fabricated (on-site), erected, or installed meets the criteria in §116.180(a)(1) and (2) of this title (relating to Applicability) and for which no MACT standard has been promulgated under 40 CFR Part 63.

(2) Control technology--Measures, processes, methods, systems, or techniques to limit the emission of HAPs including, but not limited to, measures that:

(A) reduce the quantity of, or eliminate emissions of, such pollutants through process changes, substitution of materials, or other modifications;

(B) enclose systems or processes to eliminate emissions;

(C) collect, capture, or treat such pollutants when released from a process, stack, storage, or fugitive emissions point;

(D) are design, equipment, work practice, or operational standards (including requirements for operator training or certification) as provided in 42 United States Code 7412(h); or

(E) are a combination of subparagraphs (A)-(D) of this paragraph.

(3) Electric utility steam generating unit--Any fossil fuel fired combustion unit of more than 25 megawatts that serves a generator that produces electricity for sale. A unit that co-generates steam and electricity and supplies more than one-third of its potential electric output capacity and more than 25 megawatts electric output to any utility power distribution system for sale shall be considered an electric utility steam generating unit.

(4) Greenfield site--A contiguous area under common control that is an undeveloped site.

(5) Hazardous air pollutant (HAP)--Any air pollutant listed under the FCAA, §112(b).

(6) List of source categories--The Source Category List required by FCAA, §112(c).

(7) Maximum achievable control technology (MACT) emission limitation for new sources--The emission limitation which is not less stringent than the emission limitation achieved in practice by the best controlled similar source, and which reflects the maximum degree of reduction in emissions that the executive director, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by the constructed or reconstructed major source.

(8) Process or production unit--Any collection of structures and/or equipment, that processes, assembles, applies, or otherwise uses material inputs to produce or store an intermediate or final product. A single facility may contain more than one process or production unit.

(9) Research and development activities--Activities conducted at a research or laboratory facility whose primary purpose is to conduct research and development into new processes and products, where such source is operated under the close supervision of technically trained personnel and is not engaged in the manufacture of products for sale or exchange for commercial profit, except in a de minimis manner.

(10) Similar source--A stationary source or process that has comparable emissions and is structurally similar in design and capacity to a constructed or reconstructed major source such that the source could be controlled using the same control technology.

Source Note: The provisions of this §116.15 adopted to be effective July 8, 1998, 23 TexReg 6973.