{"identifier":"/us/usc/t42/s7602","title":42,"num":"\u00a7\u202f7602.","heading":"Definitions","text":"\u00a7\u202f7602.\nDefinitions\nWhen used in this chapter\u2014\n(a) The term \u201cAdministrator\u201d means the Administrator of the Environmental Protection Agency.\n(b) The term \u201cair pollution control agency\u201d means any of the following:\n(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.\n(2) An agency established by two or more States and having substantial powers or duties pertaining to the prevention and control of air pollution.\n(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.\n(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.\n(5) An agency of an Indian tribe.\n(c) The term \u201cinterstate air pollution control agency\u201d means\u2014\n(1) an air pollution control agency established by two or more States, or\n(2) an air pollution control agency of two or more municipalities located in different States.\n(d) The term \u201cState\u201d 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.\n(e) The term \u201cperson\u201d 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.\n(f) The term \u201cmunicipality\u201d means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law.\n(g) The term \u201cair pollutant\u201d 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 \u201cair pollutant\u201d is used.\n(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.\n(i) The term \u201cFederal land manager\u201d means, with respect to any lands in the United States, the Secretary of the department with authority over such lands.\n(j) Except as otherwise expressly provided, the terms \u201cmajor stationary source\u201d and \u201cmajor emitting facility\u201d 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).\n(k) The terms \u201cemission limitation\u201d and \u201cemission standard\u201d 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..\n1\n1 So in original.\n(l) The term \u201cstandard of performance\u201d means a requirement of continuous emission reduction, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction.\n(m) The term \u201cmeans of emission limitation\u201d means a system of continuous emission reduction (including the use of specific technology or fuels with specified pollution characteristics).\n(n) The term \u201cprimary standard attainment date\u201d means the date specified in the applicable implementation plan for the attainment of a national primary ambient air quality standard for any air pollutant.\n(o) The term \u201cdelayed compliance order\u201d 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.\n(p) The term \u201cschedule and timetable of compliance\u201d 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.\n(q) For purposes of this chapter, the term \u201capplicable implementation plan\u201d means the portion (or portions) of the implementation plan, or most recent revision thereof, which has been approved under\nsection 7410 of this title\nsection 7410(c) of this title\nsection 7601(d) of this title\n(r)\nIndian Tribe.\u2014\nThe term \u201cIndian tribe\u201d 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.\n(s)\nVOC.\u2014\nThe term \u201cVOC\u201d means volatile organic compound, as defined by the Administrator.\n(t)\nPM\u201310.\u2014\nThe term \u201cPM\u201310\u201d 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.\n(u)\nNAAQS and CTG.\u2014\nThe term \u201cNAAQS\u201d means national ambient air quality standard. The term \u201cCTG\u201d means a Control Technique Guideline published by the Administrator under\nsection 7408 of this title\n(v)\nNOx.\u2014\nThe term \u201cNO\nx\n(w)\nCO.\u2014\nThe term \u201cCO\u201d means carbon monoxide.\n(x)\nSmall Source.\u2014\nThe term \u201csmall source\u201d 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.\n(y)\nFederal Implementation Plan.\u2014\nThe term \u201cFederal implementation plan\u201d 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.\n(z)\nStationary Source.\u2014\nThe term \u201cstationary source\u201d 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\nsection 7550 of this title","url":"https://projectusc.org/usc/t42/s7602.html","content":[{"t":"sec","id":"/us/usc/t42/s7602","children":[{"t":"num","text":"\u00a7\u202f7602."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"When used in this chapter\u2014"},{"t":"subsec","id":"/us/usc/t42/s7602/a","children":[{"t":"num","text":"(a)"},{"t":"content","text":" The term \u201cAdministrator\u201d means the Administrator of the Environmental Protection Agency.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/b","children":[{"t":"num","text":"(b)"},{"t":"chapeau","text":" The term \u201cair pollution control agency\u201d means any of the following:"},{"t":"para","id":"/us/usc/t42/s7602/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" A single State agency designated by the Governor of that State as the official State air pollution control agency for purposes of this chapter.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7602/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" An agency established by two or more States and having substantial powers or duties pertaining to the prevention and control of air pollution.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7602/b/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7602/b/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7602/b/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" An agency of an Indian tribe.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/c","children":[{"t":"num","text":"(c)"},{"t":"chapeau","text":" The term \u201cinterstate air pollution control agency\u201d means\u2014"},{"t":"para","id":"/us/usc/t42/s7602/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" an air pollution control agency established by two or more States, or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7602/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" an air pollution control agency of two or more municipalities located in different States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/d","children":[{"t":"num","text":"(d)"},{"t":"content","text":" The term \u201cState\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/e","children":[{"t":"num","text":"(e)"},{"t":"content","text":" The term \u201cperson\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/f","children":[{"t":"num","text":"(f)"},{"t":"content","text":" The term \u201cmunicipality\u201d means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/g","children":[{"t":"num","text":"(g)"},{"t":"content","text":" The term \u201cair pollutant\u201d 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 \u201cair pollutant\u201d is used.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/h","children":[{"t":"num","text":"(h)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" The term \u201cFederal land manager\u201d means, with respect to any lands in the United States, the Secretary of the department with authority over such lands.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/j","children":[{"t":"num","text":"(j)"},{"t":"content","text":" Except as otherwise expressly provided, the terms \u201cmajor stationary source\u201d and \u201cmajor emitting facility\u201d 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).","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/k","children":[{"t":"num","text":"(k)"},{"t":"content","text":" The terms \u201cemission limitation\u201d and \u201cemission standard\u201d 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..","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original."},{"t":"text","text":"\u202fSo in original."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/l","children":[{"t":"num","text":"(l)"},{"t":"content","text":" The term \u201cstandard of performance\u201d means a requirement of continuous emission reduction, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/m","children":[{"t":"num","text":"(m)"},{"t":"content","text":" The term \u201cmeans of emission limitation\u201d means a system of continuous emission reduction (including the use of specific technology or fuels with specified pollution characteristics).","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/n","children":[{"t":"num","text":"(n)"},{"t":"content","text":" The term \u201cprimary standard attainment date\u201d means the date specified in the applicable implementation plan for the attainment of a national primary ambient air quality standard for any air pollutant.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/o","children":[{"t":"num","text":"(o)"},{"t":"content","text":" The term \u201cdelayed compliance order\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/p","children":[{"t":"num","text":"(p)"},{"t":"content","text":" The term \u201cschedule and timetable of compliance\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/q","children":[{"t":"num","text":"(q)"},{"t":"content","text":" For purposes of this chapter, the term \u201capplicable implementation plan\u201d means the portion (or portions) of the implementation plan, or most recent revision thereof, which has been approved under ","children":[{"t":"ref","text":"section 7410 of this title","href":"/us/usc/t42/s7410","tail":", or promulgated under "},{"t":"ref","text":"section 7410(c) of this title","href":"/us/usc/t42/s7410/c","tail":", or promulgated or approved pursuant to regulations promulgated under "},{"t":"ref","text":"section 7601(d) of this title","href":"/us/usc/t42/s7601/d","tail":" and which implements the relevant requirements of this chapter."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/r","children":[{"t":"num","text":"(r)"},{"t":"heading","text":"Indian Tribe.\u2014"},{"t":"content","text":"The term \u201cIndian tribe\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/s","children":[{"t":"num","text":"(s)"},{"t":"heading","text":"VOC.\u2014"},{"t":"content","text":"The term \u201cVOC\u201d means volatile organic compound, as defined by the Administrator.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/t","children":[{"t":"num","text":"(t)"},{"t":"heading","text":"PM\u201310.\u2014"},{"t":"content","text":"The term \u201cPM\u201310\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/u","children":[{"t":"num","text":"(u)"},{"t":"heading","text":"NAAQS and CTG.\u2014"},{"t":"content","text":"The term \u201cNAAQS\u201d means national ambient air quality standard. The term \u201cCTG\u201d means a Control Technique Guideline published by the Administrator under ","children":[{"t":"ref","text":"section 7408 of this title","href":"/us/usc/t42/s7408","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/v","children":[{"t":"num","text":"(v)"},{"t":"heading","text":"NOx.\u2014"},{"t":"content","text":"The term \u201cNO","children":[{"t":"text","text":"x","tail":"\u201d means oxides of nitrogen."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/w","children":[{"t":"num","text":"(w)"},{"t":"heading","text":"CO.\u2014"},{"t":"content","text":"The term \u201cCO\u201d means carbon monoxide.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/x","children":[{"t":"num","text":"(x)"},{"t":"heading","text":"Small Source.\u2014"},{"t":"content","text":"The term \u201csmall source\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/y","children":[{"t":"num","text":"(y)"},{"t":"heading","text":"Federal Implementation Plan.\u2014"},{"t":"content","text":"The term \u201cFederal implementation plan\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7602/z","children":[{"t":"num","text":"(z)"},{"t":"heading","text":"Stationary Source.\u2014"},{"t":"content","text":"The term \u201cstationary source\u201d 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 ","children":[{"t":"ref","text":"section 7550 of this title","href":"/us/usc/t42/s7550","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}