Unless specifically defined in the Texas Clean Air Act
(TCAA), the Texas Solid Waste Disposal Act (TSWDA), the Texas Water Code (TWC),
the Texas Tax Code (TTC), the Texas Health and Safety Code (THSC), or in the
rules of the commission, the terms used by the commission have the meanings
commonly ascribed to them in the fields of pollution control or property
taxation. In addition to the terms that are defined by §
3.2 of this title (relating to
Definitions), the TCAA, the TSWDA, TWC, TTC, and THSC, the following words and
terms, when used in this chapter, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Partial determination--A determination
that an item of property or a process is not used wholly as pollution
control.
(2) Permit requirement--A
clause within a permit issued by the Texas Commission on Environmental Quality
(TCEQ) which requires the receiver of a permit to expend funds for a facility,
device, or method for control of air, water, or land pollution as defined by
TTC, §26.045(b).
(3) Pollution
control property--A facility, device, or method for control of air, water, or
land pollution as defined by TTC, §26.045(b).
(4) Tier I--An application containing only
property that is on the Tier I Table in §
18.25(a) of this
title (relating to Tier I Eligible Equipment) or that is necessary for the
installation or operation of property located on the Tier I Table.
(5) Tier II--An application containing
property that is listed or contained on the Expedited Review List in §
18.26 of this title (relating to
Expedited Review List) or that is not listed on the Tier I Table.
(6) Use determination--A finding, either
positive or negative, by the executive director that the property is used
wholly or partially for pollution control purposes and listing the percentage
of the property that is determined to be used for pollution
control.
