What is the background for the submitted non-PAL aspects of the Major NSR SIP requirements?
The submitted NNSR non-PAL rules do not explicitly limit the definition of “facility” [15] to an “emissions unit” as do the submitted PSD non-PAL rules. It is our understanding of State law that a “facility” can be an “emissions unit,”i.e., any part of a stationary source that emits or may have the potential to emit any air contaminant, as the State explicitly provides in the revised PSD rule at 30 TAC 116.160(c)(3). A “facility” also can be a piece of equipment, which is smaller than an “emissions unit.” A “facility” can include more than one “major stationary source.” It can include every emissions point on a company site, without limiting these emissions points to only those belonging to the same industrial grouping (SIP code). In our proposed action on the Texas Qualified Facilities State Program, EPA specifically solicited comment on the definition for “facility” under State law. Regardless, the State clearly thought the prudent legal course was to limit “facility” explicitly to “
