42 U.S.C. § 7602 — Definitions

Page 7385 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7602 1 So in original. ‘‘(i) a party to the joint venture is a disadvan- taged business concern; and ‘‘(ii) that party owns at least 51 percent of the joint venture. A person who is not an economically disadvantaged individual or a disadvantaged business concern, as a party to a joint venture, may not be a party to more than 2 awarded contracts in a fiscal year solely by reason of this subparagraph. ‘‘(E) Nothing in this paragraph shall prohibit any member of a racial or ethnic group that is not listed in subparagraph (B)(i) from establishing that they have been impeded in establishing or developing a business concern as a result of racial or ethnic dis- crimination. ‘‘SEC. 1002. USE OF QUOTAS PROHIBITED.—Nothing in this title shall permit or require the use of quotas or a requirement that has the effect of a quota in deter- mining eligibility under section 1001.’’ § 7602. Definitions When used in this chapter— (a) The term ‘‘Administrator’’ means the Ad- ministrator 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 au- thority charged with responsibility for enforc- ing ordinances or laws relating to the preven- tion 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 estab- lished 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 Dis- trict 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, ra- dioactive (including source material, special nu- clear material, and byproduct material) sub- stance or matter which is emitted into or other- wise enters the ambient air. Such term includes any precursors to the formation of any air pol- lutant, to the extent the Administrator has identified such precursor or precursors for the particular purpose for which the term ‘‘air pol- lutant’’ 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 cli- mate, 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 pol- lutants. (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 estab- lished 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 stand- ard promulgated under this chapter..1 (l) The term ‘‘standard of performance’’ means a requirement of continuous emission reduction, including any requirement relating to the oper- ation or maintenance of a source to assure con- tinuous emission reduction. (m) The term ‘‘means of emission limitation’’ means a system of continuous emission reduc- tion (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 na- tional 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 Ad- ministrator to an existing stationary source, postponing the date required under an applica- ble implementation plan for compliance by such source with any requirement of such plan. (p) The term ‘‘schedule and timetable of com- pliance’’ means a schedule of required measures including an enforceable sequence of actions or operations leading to compliance with an emis- sion limitation, other limitation, prohibition, or standard. Page 7386 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7603 (q) For purposes of this chapter, the term ‘‘ap- plicable implementation plan’’ means the por- tion (or portions) of the implementation plan, or most recent revision thereof, which has been ap- proved under section 7410 of this title, or pro- mulgated under section 7410(c) of this title, or promulgated or approved pursuant to regula- tions promulgated under section 7601(d) of this title and which implements the relevant re- quirements 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 recog- nized as eligible for the special programs and services provided by the United States to Indi- ans because of their status as Indians. (s) VOC.—The term ‘‘VOC’’ means volatile or- ganic compound, as defined by the Adminis- trator. (t) PM–10.—The term ‘‘PM–10’’ means particu- late 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) NOx.—The term ‘‘NOx’’ means oxides of ni- trogen. (w) CO.—The term ‘‘CO’’ means carbon mon- oxide. (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 Ad- ministrator to fill all or a portion of a gap or otherwise correct all or a portion of an inad- equacy in a State implementation plan, and which includes enforceable emission limitations or other control measures, means or techniques (including economic incentives, such as market- able permits or auctions of emissions allow- ances), and provides for attainment of the rel- evant national ambient air quality standard. (z) STATIONARY SOURCE.—The term ‘‘sta- tionary source’’ means generally any source of an air pollutant except those emissions result- ing 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. (July 14, 1955, ch. 360, title III, § 302, formerly § 9, as added Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 400, renumbered Pub. L. 89–272, title I, § 101(4), Oct. 20, 1965, 79 Stat. 992; amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 504; Pub. L. 91–604, § 15(a)(1), (c)(1), Dec. 31, 1970, 84 Stat. 1710, 1713; Pub. L. 95–95, title II, § 218(c), title III, § 301, Aug. 7, 1977, 91 Stat. 761, 769; Pub. L. 95–190, § 14(a)(76), Nov. 16, 1977, 91 Stat. 1404; Pub. L. 101–549, title I, §§ 101(d)(4), 107(a), (b), 108(j), 109(b), title III, § 302(e), title VII, § 709, Nov. 15, 1990, 104 Stat. 2409, 2464, 2468, 2470, 2574, 2684.) Editorial Notes CODIFICATION Section was formerly classified to section 1857h of this title. PRIOR PROVISIONS Provisions similar to those in subsecs. (b) and (d) of this section were contained in a section 1857e of this title, act July 14, 1955, ch. 360, § 6, 69 Stat. 323, prior to the general amendment of this chapter by Pub. L. 88–206. AMENDMENTS 1990—Subsec. (b)(1) to (3). Pub. L. 101–549, § 107(a)(1), (2), struck out ‘‘or’’ at end of par. (3) and substituted periods for semicolons at end of pars. (1) to (3). Subsec. (b)(5). Pub. L. 101–549, § 107(a)(3), added par. (5). Subsec. (g). Pub. L. 101–549, § 108(j)(2), inserted at end ‘‘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 par- ticular purpose for which the term ‘air pollutant’ is used.’’ Subsec. (h). Pub. L. 101–549, § 109(b), inserted before period at end ‘‘, whether caused by transformation, conversion, or combination with other air pollutants’’. Subsec. (k). Pub. L. 101–549, § 303(e), inserted before period at end ‘‘, and any design, equipment, work prac- tice or operational standard promulgated under this chapter.’’ Subsec. (q). Pub. L. 101–549, § 101(d)(4), added subsec. (q). Subsec. (r). Pub. L. 101–549, § 107(b), added subsec. (r). Subsecs. (s) to (y). Pub. L. 101–549, § 108(j)(1), added subsecs. (s) to (y). Subsec. (z). Pub. L. 101–549, § 709, added subsec. (z). 1977—Subsec. (d). Pub. L. 95–95, § 218(c), inserted ‘‘and includes the Commonwealth of the Northern Mariana Islands’’ after ‘‘American Samoa’’. Subsec. (e). Pub. L. 95–190 substituted ‘‘individual, corporation’’ for ‘‘individual corporation’’. Pub. L. 95–95, § 301(b), expanded definition of ‘‘person’’ to include agencies, departments, and instrumental- ities of the United States and officers, agents, and em- ployees thereof. Subsec. (g). Pub. L. 95–95, § 301(c), expanded definition of ‘‘air pollutant’’ so as, expressly, to include physical, chemical, biological, and radioactive substances or matter emitted into or otherwise entering the ambient air. Subsecs. (i) to (p). Pub. L. 95–95, § 301(a), added sub- secs. (i) to (p). 1970—Subsec. (a). Pub. L. 91–604, § 15(c)(1), substituted definition of ‘‘Administrator’’ as meaning Adminis- trator of the Environmental Protection Agency for def- inition of ‘‘Secretary’’ as meaning Secretary of Health, Education, and Welfare. Subsecs. (g), (h). Pub. L. 91–604, § 15(a)(1), added sub- sec. (g) defining ‘‘air pollutant’’, redesignated former subsec. (g) as (h) and substituted references to effects on soil, water, crops, vegetation, manmade materials, animals, wildlife, weather, visibility, and climate for references to injury to agricultural crops and livestock, and inserted references to effects on economic values and on personal comfort and well being. 1967—Pub. L. 90–148 reenacted section without change. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title. § 7603. Emergency powers Notwithstanding any other provision of this chapter, the Administrator, upon receipt of evi-