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.

Source Note: The provisions of this §18.2 adopted to be effective February 7, 2008, 33 TexReg 943; amended to be effective August 28, 2014, 39 TexReg 6488