TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 85 - AIR POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - GENERAL PROVISIONS
Sec. 7602. Definitions
STATUTE:
When used in this chapter -(a) The term ''Administrator'' means the Administrator of the
Environmental Protection Agency.(b) The term ''air pollution control agency'' means any of the
following:(1) A single State agency designated by the Governor of that
State as the official State air pollution control agency for
purposes of this chapter.(2) An agency established by two or more States and having
substantial powers or duties pertaining to the prevention and
control of air pollution.(3) A city, county, or other local government health authority,
or, in the case of any city, county, or other local government in
which there is an agency other than the health authority charged
with responsibility for enforcing ordinances or laws relating to
the prevention and control of air pollution, such other agency.(4) An agency of two or more municipalities located in the same
State or in different States and having substantial powers or
duties pertaining to the prevention and control of air pollution.(5) An agency of an Indian tribe.
(c) The term ''interstate air pollution control agency'' means -
(1) an air pollution control agency established by two or more
States, or(2) an air pollution control agency of two or more
municipalities located in different States.(d) The term ''State'' means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and
American Samoa and includes the Commonwealth of the Northern
Mariana Islands.(e) The term ''person'' includes an individual, corporation,
partnership, association, State, municipality, political
subdivision of a State, and any agency, department, or
instrumentality of the United States and any officer, agent, or
employee thereof.(f) The term ''municipality'' means a city, town, borough,
county, parish, district, or other public body created by or
pursuant to State law.(g) The term ''air pollutant'' means any air pollution agent or
combination of such agents, including any physical, chemical,
biological, radioactive (including source material, special nuclear
material, and byproduct material) substance or matter which is
emitted into or otherwise enters the ambient air. Such term
includes any precursors to the formation of any air pollutant, to
the extent the Administrator has identified such precursor or
precursors for the particular purpose for which the term ''air
pollutant'' is used.(h) All language referring to effects on welfare includes, but is
not limited to, effects on soils, water, crops, vegetation, manmade
materials, animals, wildlife, weather, visibility, and climate,
damage to and deterioration of property, and hazards to
transportation, as well as effects on economic values and on
personal comfort and well-being, whether caused by transformation,
conversion, or combination with other air pollutants.
(i) The term ''Federal land manager'' means, with respect to any
lands in the United States, the Secretary of the department with
authority over such lands.(j) Except as otherwise expressly provided, the terms ''major
stationary source'' and ''major emitting facility'' mean any
stationary facility or source of air pollutants which directly
emits, or has the potential to emit, one hundred tons per year or
more of any air pollutant (including any major emitting facility or
source of fugitive emissions of any such pollutant, as determined
by rule by the Administrator).(k) The terms ''emission limitation'' and ''emission standard''
mean a requirement established by the State or the Administrator
which limits the quantity, rate, or concentration of emissions of
air pollutants on a continuous basis, including any requirement
relating to the operation or maintenance of a source to assure
continuous emission reduction, and any design, equipment, work
practice or operational standard promulgated under this chapter..
(FOOTNOTE 1)
(FOOTNOTE 1) So in original.(l) The term ''standard of performance'' means a requirement of
continuous emission reduction, including any requirement relating
to the operation or maintenance of a source to assure continuous
emission reduction.(m) The term ''means of emission limitation'' means a system of
continuous emission reduction (including the use of specific
technology or fuels with specified pollution characteristics).(n) The term ''primary standard attainment date'' means the date
specified in the applicable implementation plan for the attainment
of a national primary ambient air quality standard for any air
pollutant.(o) The term ''delayed compliance order'' means an order issued
by the State or by the Administrator to an existing stationary
source, postponing the date required under an applicable
implementation plan for compliance by such source with any
requirement of such plan.(p) The term ''schedule and timetable of compliance'' means a
schedule of required measures including an enforceable sequence of
actions or operations leading to compliance with an emission
limitation, other limitation, prohibition, or standard.(q) For purposes of this chapter, the term ''applicable
implementation plan'' means the portion (or portions) of the
implementation plan, or most recent revision thereof, which has
been approved under section 7410 of this title, or promulgated
under section 7410(c) of this title, or promulgated or approved
pursuant to regulations promulgated under section 7601(d) of this
title and which implements the relevant requirements of this
chapter.(r) Indian Tribe. - The term ''Indian tribe'' means any Indian
tribe, band, nation, or other organized group or community,
including any Alaska Native village, which is Federally recognized
as eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.(s) VOC. - The term ''VOC'' means volatile organic compound, as
defined by the Administrator.(t) PM-10. - The term ''PM-10'' means particulate matter with an
aerodynamic diameter less than or equal to a nominal ten
micrometers, as measured by such method as the Administrator may
determine.(u) NAAQS and CTG. - The term ''NAAQS'' means national ambient
air quality standard. The term ''CTG'' means a Control Technique
Guideline published by the Administrator under section 7408 of this
title.(v) NO (INFERIOR x). - The term ''NO (INFERIOR x)'' means oxides
of nitrogen.(w) CO. - The term ''CO'' means carbon monoxide.
(x) Small Source. - The term ''small source'' means a source that
emits less than 100 tons of regulated pollutants per year, or any
class of persons that the Administrator determines, through
regulation, generally lack technical ability or knowledge regarding
control of air pollution.(y) Federal Implementation Plan. - The term ''Federal
implementation plan'' means a plan (or portion thereof) promulgated
by the Administrator to fill all or a portion of a gap or otherwise
correct all or a portion of an inadequacy in a State implementation
plan, and which includes enforceable emission limitations or other
control measures, means or techniques (including economic
incentives, such as marketable permits or auctions of emissions
allowances), and provides for attainment of the relevant national
ambient air quality standard.(z) Stationary Source. - The term ''stationary source'' means
generally any source of an air pollutant except those emissions
resulting directly from an internal combustion engine for
transportation purposes or from a nonroad engine or nonroad vehicle
as defined in section 7550 of this title.
Source: US HOUSE REP (1/2001)FIND ORIGINAL > CHECK ANNOTATIONS >