Terms Used In U.S. Code > Title 42 > Chapter 85 - Air Pollution Prevention and Control

• Administrator: means the Administrator of the Environmental Protection Agency. See 42 USC 7602
• affected source: means a source that includes one or more affected units. See 42 USC 7651a
• affected unit: means a unit that is subject to emission reduction requirements or limitations under this subchapter. See 42 USC 7651a
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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. See 42 USC 7602
• 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. See 42 USC 7602

• allowance: means an authorization, allocated to an affected unit by the Administrator under this subchapter, to emit, during or after a specified calendar year, one ton of sulfur dioxide. See 42 USC 7651a
• alternative method of compliance: means a method of compliance in accordance with one or more of the following authorities:

  (A) a substitution plan submitted and approved in accordance with subsections ⁴ 7651c(b) and (c) of this title. See 42 USC 7651a

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• appliance: means any device which contains and uses a class I or class II substance as a refrigerant and which is used for household or commercial purposes, including any air conditioner, refrigerator, chiller, or freezer. See 42 USC 7671
• 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. See 42 USC 7602
• baseline: means the annual quantity of fossil fuel consumed by an affected unit, measured in millions of British Thermal Units ("mmBtu's"), calculated as follows:

  (A) For each utility unit that was in commercial operation prior to January 1, 1985, the baseline shall be the annual average quantity of mmBtu's consumed in fuel during calendar years 1985, 1986, and 1987, as recorded by the Department of Energy pursuant to Form 767. See 42 USC 7651a

• baseline year: means &mdash. See 42 USC 7671
• basic Phase II allowance allocations: means :

  (A) For calendar years 2000 through 2009 inclusive, allocations of allowances made by the Administrator pursuant to section 7651b of this title and subsections (b)(1), (3), and (4). See 42 USC 7651a

• capacity factor: means the ratio between the actual electric output from a unit and the potential electric output from that unit. See 42 USC 7651a
• Chambers: A judge's office.
• Claims Fund: means the special fund established in the Treasury of the United States composed of such sums as may be paid to or realized by the United States pursuant to the terms of any agreement settling those claims described in section 1645b of this title that may be entered into between the Governments of the United States and Vietnam. See 22 USC 1645a
• class I substance: means each of the substances listed as provided in section 7671a(a) of this title. See 42 USC 7671
• class II substance: means each of the substances listed as provided in section 7671a(b) of this title. See 42 USC 7671
• commenced commercial operation: means to have begun to generate electricity for sale. See 42 USC 7651a
• commerce: means (A) commerce between any place in any State and any place outside thereof. See 42 USC 7550
• Commission: means the Foreign Claims Settlement Commission of the United States. See 22 USC 1645a
• Commissioner: means the Commissioner of the Food and Drug Administration. See 42 USC 7671
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• compliance plan: means , for purposes of the requirements of this subchapter, either&mdash. See 42 USC 7651a
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Congressional Record: The substantially verbatim account of daily proceedings in Congress. It is printed for each day Congress is in session. At the back of each daily issue is the "Daily Digest," which summarizes the day's floor and committee activities.
• construction: means fabrication, erection, or installation of an affected unit. See 42 USC 7651a
• consumption: means , with respect to any substance, the amount of that substance produced in the United States, plus the amount imported, minus the amount exported to Parties to the Montreal Protocol. See 42 USC 7671
• Continuance: Putting off of a hearing ot trial until a later time.
• county: includes a parish, or any other equivalent subdivision of a State or Territory of the United States. See 1 USC 2
• CTG: means a Control Technique Guideline published by the Administrator under section 7408 of this title. See 42 USC 7602
• dealer: means any person who is engaged in the sale or the distribution of new motor vehicles or new motor vehicle engines to the ultimate purchaser. See 42 USC 7550
• designated representative: means a responsible person or official authorized by the owner or operator of a unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to a unit, and the submission of and compliance with permits, permit applications, and compliance plans for the unit. See 42 USC 7651a
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Docket: A log containing brief entries of court proceedings.
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Ex officio: Literally, by virtue of one's office.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• existing unit: means a unit (including units subject to section 7411 of this title) that commenced commercial operation before November 15, 1990. See 42 USC 7651a
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• 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. See 42 USC 7602
• Federal land manager: means , with respect to any lands in the United States, the Secretary of the department with authority over such lands. See 42 USC 7602
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• functions: shall be deemed to include references to duty, obligation, power, authority, responsibility, right, privilege, and activity, or the plural thereof, as the case may be. See 15 USC 769
• generator: means a device that produces electricity and which is reported as a generating unit pursuant to Department of Energy Form 860. See 42 USC 7651a
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• import: means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. See 42 USC 7671
• 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. See 42 USC 7602
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• interstate air pollution control agency: means &mdash. See 42 USC 7602
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• 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. See 42 USC 7661

• Majority leader: see Floor Leaders
• means of emission limitation: means a system of continuous emission reduction (including the use of specific technology or fuels with specified pollution characteristics). See 42 USC 7602
• medical device: means any device (as defined in the Federal Food, Drug, and Cosmetic Act (21 U. See 42 USC 7671
• motor vehicle: means any self-propelled vehicle designed for transporting persons or property on a street or highway. See 42 USC 7550
• municipality: means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law. See 42 USC 7602
• NAAQS: means national ambient air quality standard. See 42 USC 7602
• new motor vehicle: means a motor vehicle the equitable or legal title to which has never been transferred to an ultimate purchaser. See 42 USC 7550
• 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. See 42 USC 7550
• new unit: means a unit that commences commercial operation on or after November 15, 1990. See 42 USC 7651a
• nonroad engine: means an internal combustion engine (including the fuel system) that is not used in a motor vehicle or a vehicle used solely for competition, or that is not subject to standards promulgated under section 7411 of this title or section 7521 of this title. See 42 USC 7550
• nonroad vehicle: means a vehicle that is powered by a nonroad engine and that is not a motor vehicle or a vehicle used solely for competition. See 42 USC 7550
• nonutility unit: means a unit other than a utility unit. See 42 USC 7651a
• Oath: A promise to tell the truth.
• oath: includes affirmation, and "sworn" includes affirmed. See 1 USC 1
• ozone-depletion potential: means a factor established by the Administrator to reflect the ozone-depletion potential of a substance, on a mass per kilogram basis, as compared to chlorofluorocarbon-11 (CFC-11). See 42 USC 7671
• performance: when used in relation to functions, shall be deemed to include the exercise of power, authority, rights, and privileges. See 15 USC 769
• permitting authority: means the Administrator, or the State or local air pollution control agency, with an approved permitting program under part B ³ of title III of the Act. See 42 USC 7651a
• permitting authority: means the Administrator or the air pollution control agency authorized by the Administrator to carry out a permit program under this subchapter. See 42 USC 7661
• 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. See 42 USC 7602
• Personal property: All property that is not real property.
• Phase II bonus allowance allocations: means , for calendar year 2000 through 2009, inclusive, and only for such years, allocations made by the Administrator pursuant to section 7651b of this title, subsections (a)(2), (b)(2), (c)(4), (d)(3) (except as otherwise provided therein), and (h)(2) of section 7651d of this title, and section 7651e of this title. See 42 USC 7651a
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• 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. See 42 USC 7602
• production: refer to the manufacture of a substance from any raw material or feedstock chemical, but such terms do not include&mdash. See 42 USC 7671
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• qualifying phase I technology: means a technological system of continuous emission reduction which achieves a 90 percent reduction in emissions of sulfur dioxide from the emissions that would have resulted from the use of fuels which were not subject to treatment prior to combustion. See 42 USC 7651a
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recess: A temporary interruption of the legislative business.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• repowering: means replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the Administrator, in consultation with the Secretary of Energy, a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990. See 42 USC 7651a
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• reserve: means any bank of allowances established by the Administrator under this subchapter. See 42 USC 7651a
• 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. See 42 USC 7661
• Secretary: means the Secretary of Health and Human Services. See 42 USC 201
• Senate Manual: A document that contains the Senate's standing rules and orders and other laws and regulations that apply to the Senate. It is usually published once each new Congress.
• Service of process: The service of writs or summonses to the appropriate party.
• Simple resolution: Designated "S. Res.," simple resolutions are used to express nonbinding positions of the Senate or to deal with the Senate's internal affairs, such as the creation of a special committee. They do not require action by the House of Representatives.
• 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. See 42 USC 7602
• State: includes , in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. See 42 USC 201
• 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. See 42 USC 7602
• State: means one of the 48 contiguous States and the District of Columbia. See 42 USC 7651a
• 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. See 42 USC 7602
• Subpoena: A command to a witness to appear and give testimony.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• unit: means a fossil fuel-fired combustion device. See 42 USC 7651a
• utility unit: means &mdash. See 42 USC 7651a
• Venue: The geographical location in which a case is tried.
• Vietnam: means &mdash. See 22 USC 1645a
• VOC: means volatile organic compound, as defined by the Administrator. See 42 USC 7602
• whoever: include corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals. See 1 USC 1