Section 101.330 - DefinitionsThe following words and terms, when used in this division, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Allowance--The authorization to emit one ton of nitrogen oxides (NOx) or sulfur dioxide (SO 2) during a control period.(2) Authorized account representative--The responsible person who is authorized, in writing, to transfer and otherwise manage allowances.(3) Banked allowance--An allowance which is not used to reconcile emissions in the designated year of allocation, but which is carried forward into future years and noted in the compliance or broker account as "banked."(4) Broker--A person not required to participate in the requirements of this division who opens an account under this division for the purpose of banking and trading emissions allowances.(5) Broker account--The account where allowances held by a broker are recorded. Allowances held in a broker account may not be used to satisfy compliance requirements for this division.(6) Coal--All solid fuels classified as anthracite, bituminous, subbituminous, or lignite by the American Society for Testing and Materials Designation ASTM D388 92 ''Standard Classification of Coals by Rank'' (as incorporated by reference in Title 40 Code of Federal Regulations, §72.13 (effective June 25, 1999)).(7) Coal-fired--The combustion of fuel consisting of coal as defined in paragraph (6) of this section or any coal-derived fuel (except coal-derived gaseous fuels with a sulfur content no greater than natural gas), alone or in combination with any other fuel. The definition is independent of the percentage of coal or coal-derived fuel consumed during any control period.(8) Compliance account--The account where allowances held by an EGF or multiple EGFs are recorded for the purposes of meeting the requirements of this division and Chapter 116, Subchapter I of this title (relating to Electric Generating Facility Permits). EGFs not under common ownership or control may have separate compliance accounts.(9) Control period--The 12-month period beginning May 1 of each year and ending April 30 of the following year. Control periods begin May 1, 2003.(10) East Texas Region--All counties traversed by or east of Interstate Highway 35 north of San Antonio or traversed by or east of Interstate Highway 37 south of San Antonio, and also including Bexar, Bosque, Coryell, Hood, Parker, Somervell, and Wise Counties.(11) Electing EGF--An electric generating facility permitted under Chapter 116, Subchapter B of this title (relating to New Source Review Permits) which is not subject to the requirements of Texas Utility Code, §39.264 and elects to comply with Chapter 116, Subchapter I of this title (relating to Electric Generating Facility Permits).(12) Electric generating facility (EGF)--A facility that generates electric energy for compensation and is owned or operated by a person in this state, including a municipal corporation, electric cooperative, or river authority.(13) El Paso Region--All of El Paso County, Ciudad Juarez, Mexico, and Sunland Park, New Mexico.(14) Grandfathered EGF--A facility that is not subject to the requirement to obtain a permit under TCAA, §382.0518(g), and that generates electric energy for compensation and is owned or operated by a person in this state, including a municipal corporation, electric cooperative, or river authority.(15) Heat input--The heat derived from the combustion of any fuel at an EGF. Heat input does not include the heat derived from reheated combustion air, recirculated flue gas, or exhaust from other sources.(16) NOx allowance--An authorization to emit is valid only for the purposes of meeting the requirements of this division and Chapter 116, Subchapter I of this title.(17) Person--For the purpose of initial issuance of permits under Chapter 116, Subchapter I of this title, and for the issuance of allowances under this division, a person includes an individual, a partnership of two or more persons having a joint or common interest, a mutual or cooperative association, and a corporation, but does not include an electric cooperative.(18) SO2 allowance--An authorization to emit SO2 valid only for the purposes for meeting the requirements of this division and Chapter 116, Subchapter I of this title.(19) West Texas Region--All counties not contained in the East Texas Region or El Paso Region.30 Tex. Admin. Code § 101.330
The provisions of this §101.330 adopted to be effective January 11, 2000, 25 TexReg 128