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42 U.S.C. § 7602 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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 cit
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Source location: Title 42, Chapter 85, § 7602; chapter-085-air-pollution-prevention-and-control.md
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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..11 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410&num=0&edition=prelim), or promulgated under [section 7410(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/c&num=0&edition=prelim), or promulgated or approved pursuant to regulations promulgated under [section 7601(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7601/d&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7408&num=0&edition=prelim).
**(v) NOx.—** The term “NOx” 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7550&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Adoption of plan by State; submission to Administrator; content of plan; revision; new sources; indirect source review program; supplemental or intermittent control systems**
(1) Each State shall, after reasonable notice and public hearings, adopt and submit to the Administrator, within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof) under [section 7409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7409&num=0&edition=prelim) for any air pollutant, a plan which provides for implementation, maintenance, and enforcement of such primary standard in each air quality control region (or portion thereof) within such State. In addition, such State shall adopt and submit to the Administrator (either as a part of a plan submitted under the preceding sentence or separately) within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national ambient air quality secondary standard (or revision thereof), a plan which provides for implementation, maintenance, and enforcement of such secondary standard in each air quality control region (or portion thereof) within such State. Unless a separate public hearing is provided, each State shall consider its plan implementing such secondary standard at the hearing required by the first sentence of this paragraph.
(2) Each implementation plan submitted by a State under this chapter shall be adopted by the State after reasonable notice and public hearing. Each such plan shall—
(A) include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permit
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7410
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Air pollutant list; publication and revision by Administrator; issuance of air quality criteria for air pollutants**
(1) For the purpose of establishing national primary and secondary ambient air quality standards, the Administrator shall within 30 days after December 31, 1970, publish, and shall from time to time thereafter revise, a list which includes each air pollutant—
(A) emissions of which, in his judgment, cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare;
(B) the presence of which in the ambient air results from numerous or diverse mobile or stationary sources; and
(C) for which air quality criteria had not been issued before December 31, 1970 but for which he plans to issue air quality criteria under this section.
(2) The Administrator shall issue air quality criteria for an air pollutant within 12 months after he has included such pollutant in a list under paragraph (1). Air quality criteria for an air pollutant shall accurately reflect the latest scientific knowledge useful in indicating the kind and extent of all identifiable effects on public health or welfare which may be expected from the presence of such pollutant in the ambient air, in varying quantities. The criteria for an air pollutant, to the extent practicable, shall include information on—
(A) those variable factors (including atmospheric conditions) which of themselves or in combination with other factors may alter the effects on public health or welfare of such air pollutant;
(B) the types of air pollutants which, when present in the atmosphere, may interact with such pollutant to produce an adverse effect on public health or welfare; and
(C) any known or anticipated adverse effects on welfare.
**(b) Issuance
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7408
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Federal law — U.S. Code and appendices · legal_authorities
As used in this part—
(1) The term “manufacturer” as used in sections 7521, 7522, 7525, 7541, and 7542 of this title means any person engaged in the manufacturing or assembling of new motor vehicles, new motor vehicle engines, new nonroad vehicles or new nonroad engines, or importing such vehicles or engines for resale, or who acts for and is under the control of any such person in connection with the distribution of new motor vehicles, new motor vehicle engines, new nonroad vehicles or new nonroad engines, but shall not include any dealer with respect to new motor vehicles, new motor vehicle engines, new nonroad vehicles or new nonroad engines received by him in commerce.
(2) The term “motor vehicle” means any self-propelled vehicle designed for transporting persons or property on a street or highway.
(3) Except with respect to vehicles or engines imported or offered for importation, the term “new motor vehicle” means a motor vehicle the equitable or legal title to which has never been transferred to an ultimate purchaser; and the term “new motor vehicle engine” means an engine in a new motor vehicle or a motor vehicle engine the equitable or legal title to which has never been transferred to the ultimate purchaser; and with respect to imported vehicles or engines, such terms mean a motor vehicle and engine, respectively, manufactured after the effective date of a regulation issued under [section 7521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7521&num=0&edition=prelim) which is applicable to such vehicle or engine (or which would be applicable to such vehicle or engine had it been manufactured for importation into the United States).
(4) The term “dealer” means any person who is engaged in the sale or the distributio
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7550
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds—
(1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States;
(2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation;
(3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and
(4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution.
**(b) Declaration** The purposes of this subchapter are—
(1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population;
(2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution;
(3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and
(4) to encourage and assist the development and operation of regional air pollution prevention and control programs.
**(c) Pollution prevention** A prim
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7401
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 1857g, act July 14, 1955, ch. 360, title III, § 301, formerly § 8, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 400; renumbered title III, § 301, Oct. 20, 1965, Pub. L. 89–272, title I, § 101(4), 79 Stat. 992; amended Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 504; Dec. 31, 1970, Pub. L. 91–604, §§ 3(b)(2), 15(c)(2), 84 Stat. 1677, 1713, which related to administration of air pollution control, was transferred to [section 7601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7601&num=0&edition=prelim).
Section 1857h, act July 14, 1955, ch. 360, title III, § 302, formerly § 9, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 400; renumbered title III, § 302, Oct. 20, 1965, Pub. L. 89–272, title I, § 101(4), 79 Stat. 992; amended Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 504; Dec. 31, 1970, Pub. L. 91–604, § 15(a)(1), (c)(1), 84 Stat. 1710, 1713, which related to definitions concerning air pollution control, was transferred to [section 7602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7602&num=0&edition=prelim).
Section 1857h–1, act July 14, 1955, ch. 360, title III, § 303, as added Dec. 31, 1970, Pub. L. 91–604, § 12(a), 84 Stat. 1705, which related to emergency powers of the Administrator, was transferred to [section 7603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7603&num=0&edition=prelim).
Section 1857h–2, act July 14, 1955, ch. 360, title III, § 304, as added Dec. 31, 1970, Pub. L. 91–604, § 12(a), 84 Stat. 1706, which related to citizen suits, was transferred to [section 7604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-sectio
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1857g to 1857k
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Amounts; limitations; assurances of plan development capability**
(1)
(A) The Administrator may make grants to air pollution control agencies, within the meaning of paragraph (1), (2), (3), (4), or (5) of [section 7602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7602&num=0&edition=prelim), in an amount up to three-fifths of the cost of implementing programs for the prevention and control of air pollution or implementation of national primary and secondary ambient air quality standards. For the purpose of this section, “implementing” means any activity related to the planning, developing, establishing, carrying-out, improving, or maintaining of such programs.
(B) Subject to subsections (b) and (c) of this section, an air pollution control agency which receives a grant under subparagraph (A) and which contributes less than the required two-fifths minimum shall have 3 years following November 15, 1990, in which to contribute such amount. If such an agency fails to meet and maintain this required level, the Administrator shall reduce the amount of the Federal contribution accordingly.
(C) With respect to any air quality control region or portion thereof for which there is an applicable implementation plan under [section 7410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410&num=0&edition=prelim), grants under subparagraph (A) may be made only to air pollution control agencies which have substantial responsibilities for carrying out such applicable implementation plan.
(2) Before approving any grant under this subsection to any air pollution control agency within the meaning of sections 7602(b)(2) and 7602(b)(4) of this title, the Administrator shall receive assuranc
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7405
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Classifications and attainment dates**
(1) **Classifications**
(A) On or after the date the Administrator promulgates the designation of an area as a nonattainment area pursuant to [section 7407(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7407/d&num=0&edition=prelim) with respect to any national ambient air quality standard (or any revised standard, including a revision of any standard in effect on November 15, 1990), the Administrator may classify the area for the purpose of applying an attainment date pursuant to paragraph (2), and for other purposes. In determining the appropriate classification, if any, for a nonattainment area, the Administrator may consider such factors as the severity of nonattainment in such area and the availability and feasibility of the pollution control measures that the Administrator believes may be necessary to provide for attainment of such standard in such area.
(B) The Administrator shall publish a notice in the Federal Register announcing each classification under subparagraph (A), except the Administrator shall provide an opportunity for at least 30 days for written comment. Such classification shall not be subject to the provisions of sections 553 through 557 of title 5 (concerning notice and comment) and shall not be subject to judicial review until the Administrator takes final action under subsection (k) or (l) of [section 7410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410&num=0&edition=prelim) (concerning action on plan submissions) or [section 7509 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7509&num=0&edition=prelim) (concerning sanctions) with respect to any plan submis
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7502
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Marginal Areas** Each State in which all or part of a Marginal Area is located shall, with respect to the Marginal Area (or portion thereof, to the extent specified in this subsection), submit to the Administrator the State implementation plan revisions (including the plan items) described under this subsection except to the extent the State has made such submissions as of November 15, 1990.
(1) **Inventory** — Within 2 years after November 15, 1990, the State shall submit a comprehensive, accurate, current inventory of actual emissions from all sources, as described in [section 7502(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7502/c/3&num=0&edition=prelim), in accordance with guidance provided by the Administrator.
(2) **Corrections to the State implementation plan** — Within the periods prescribed in this paragraph, the State shall submit a revision to the State implementation plan that meets the following requirements—
(A) *Reasonably available control technology corrections* — For any Marginal Area (or, within the Administrator’s discretion, portion thereof) the State shall submit, within 6 months of the date of classification under [section 7511(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7511/a&num=0&edition=prelim), a revision that includes such provisions to correct requirements in (or add requirements to) the plan concerning reasonably available control technology as were required under [section 7502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7502/b&num=0&edition=prelim) (as in effect immediately before November 15, 1990), as interpreted in guidance issued by the Administrator under [section 7408 of
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7511a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Moderate Areas** Each State in which all or part of a Moderate Area is located shall, with respect to the Moderate Area (or portion thereof, to the extent specified in guidance of the Administrator issued before November 15, 1990), submit to the Administrator the State implementation plan revisions (including the plan items) described under this subsection, within such periods as are prescribed under this subsection, except to the extent the State has made such submissions as of November 15, 1990:
(1) **Inventory** — No later than 2 years from November 15, 1990, the State shall submit a comprehensive, accurate, current inventory of actual emissions from all sources, as described in [section 7502(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7502/c/3&num=0&edition=prelim), in accordance with guidance provided by the Administrator.
(2)
(A) *Vehicle miles traveled* — No later than 2 years after November 15, 1990, for areas with a design value above 12.7 ppm at the time of classification, the plan revision shall contain a forecast of vehicle miles traveled in the nonattainment area concerned for each year before the year in which the plan projects the national ambient air quality standard for carbon monoxide to be attained in the area. The forecast shall be based on guidance which shall be published by the Administrator, in consultation with the Secretary of Transportation, within 6 months after November 15, 1990. The plan revision shall provide for annual updates of the forecasts to be submitted to the Administrator together with annual reports regarding the extent to which such forecasts proved to be accurate. Such annual reports shall contain estimates of actual vehicle miles traveled in each year for which a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7512a
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter—
(1) **Affected source** — The term “affected source” shall have the meaning given such term in subchapter IV–A.
(2) **Major source** — The term “major source” means any stationary source (or any group of stationary sources located within a contiguous area and under common control) that is either of the following:
(A) A major source as defined in [section 7412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7412&num=0&edition=prelim).
(B) A major stationary source as defined in [section 7602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7602&num=0&edition=prelim) or part D of subchapter I.
(3) **Schedule of compliance** — The term “schedule of compliance” means a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to compliance with an applicable implementation plan, emission standard, emission limitation, or emission prohibition.
(4) **Permitting authority** — The term “permitting authority” means the Administrator or the air pollution control agency authorized by the Administrator to carry out a permit program under this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7661
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