
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7602]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 7602. Definitions

    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..\1\
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    \1\ So in original.
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    (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<INF>x</INF>.--The term ``NO<INF>x</INF>'' 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.

(July 14, 1955, ch. 360, title III, Sec. 302, formerly Sec. 9, as added 
Pub. L. 88-206, Sec. 1, Dec. 17, 1963, 77 Stat. 400, renumbered Pub. L. 
89-272, title I, Sec. 101(4), Oct. 20, 1965, 79 Stat. 992; amended Pub. 
L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 504; Pub. L. 91-604, 
Sec. 15(a)(1), (c)(1), Dec. 31, 1970, 84 Stat. 1710, 1713; Pub. L. 95-
95, title II, Sec. 218(c), title III, Sec. 301, Aug. 7, 1977, 91 Stat. 
761, 769; Pub. L. 95-190, Sec. 14(a)(76), Nov. 16, 1977, 91 Stat. 1404; 
Pub. L. 101-549, title I, Secs. 101(d)(4), 107(a), (b), 108(j), 109(b), 
title III, Sec. 302(e), title VII, Sec. 709, Nov. 15, 1990, 104 Stat. 
2409, 2464, 2468, 2470, 2574, 2684.)

                          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, Sec. 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, Sec. 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, Sec. 107(a)(3), added par. (5).
    Subsec. (g). Pub. L. 101-549, Sec. 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 particular purpose for which the term `air pollutant' is used.''
    Subsec. (h). Pub. L. 101-549, Sec. 109(b), inserted before period at 
end ``, whether caused by transformation, conversion, or combination 
with other air pollutants''.
    Subsec. (k). Pub. L. 101-549, Sec. 303(e), inserted before period at 
end ``, and any design, equipment, work practice or operational standard 
promulgated under this chapter.''
    Subsec. (q). Pub. L. 101-549, Sec. 101(d)(4), added subsec. (q).
    Subsec. (r). Pub. L. 101-549, Sec. 107(b), added subsec. (r).
    Subsecs. (s) to (y). Pub. L. 101-549, Sec. 108(j)(1), added subsecs. 
(s) to (y).
    Subsec. (z). Pub. L. 101-549, Sec. 709, added subsec. (z).
    1977--Subsec. (d). Pub. L. 95-95, Sec. 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, Sec. 301(b), expanded definition of ``person'' to 
include agencies, departments, and instrumentalities of the United 
States and officers, agents, and employees thereof.
    Subsec. (g). Pub. L. 95-95, Sec. 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, Sec. 301(a), added subsecs. (i) 
to (p).
    1970--Subsec. (a). Pub. L. 91-604, Sec. 15(c)(1), substituted 
definition of ``Administrator'' as meaning Administrator of the 
Environmental Protection Agency for definition of ``Secretary'' as 
meaning Secretary of Health, Education, and Welfare.
    Subsecs. (g), (h). Pub. L. 91-604, Sec. 15(a)(1), added subsec. (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.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as 
otherwise expressly provided, see section 406(d) of Pub. L. 95-95, set 
out as a note under section 7401 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 7405, 7413, 7511a, 7512a, 
7661, 8302 of this title; title 26 section 169.
