The following terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise. For terms not defined in this section, the definitions contained in 40 Code of Federal Regulations (CFR) §51.301, as effective August 30, 1999, are incorporated by reference.
(1) Best available retrofit technology (BART)-eligible source--Any emissions units that comprise any of the following stationary sources of air pollutants, including any reconstructed source, that were not in operation prior to August 7, 1962, and were in existence on August 7, 1977, and collectively have the potential to emit 250 tons per year (including fugitive emissions, to the extent quantifiable) of any visibility-impairing air pollutant: (A) fossil fuel-fired steam electric plants of more than 250 million British thermal units (BTU) per hour heat input;(B) coal-cleaning plants (thermal dryers);(D) portland cement plants;(E) primary zinc smelters;(F) iron and steel mill plants;(G) primary aluminum ore reduction plants;(H) primary copper smelters;(I) municipal incinerators capable of charging more than 250 tons of refuse per day;(J) hydrofluoric, sulfuric, and nitric acid plants;(K) petroleum refineries;(M) phosphate rock processing plants;(O) sulfur recovery plants;(P) carbon black plants (furnace process);(Q) primary lead smelters;(R) fuel conversion plants;(T) secondary metal production facilities;(U) chemical process plants;(V) fossil fuel-fired boilers of more than 250 million BTUs per hour heat input;(W) petroleum storage and transfer facilities with capacity exceeding 300,000 barrels;(X) taconite ore processing facilities;(Y) glass fiber processing plants; and(Z) charcoal production facilities.(2) Visibility-impairing air pollutant--Any of the following: nitrogen oxides, sulfur dioxide, or particulate matter.30 Tex. Admin. Code § 116.1500
The provisions of this §116.1500 adopted to be effective February 1, 2007, 32 TexReg 318