Subchapter I Programs and Activities
Subchapter II Emission Standards for Moving Sources
Subchapter III General Provisions
Subchapter IV Noise Pollution
Subchapter IV-A Acid Deposition Control
Subchapter V Permits
Subchapter VI Stratospheric Ozone Protection
Subchapter VII American Innovation and Manufacturing

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

  • Administration: means the National Archives and Records Administration established under section 2102 of this title. See 44 USC 2101
  • 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
  • agency: means the President of the United States, or an executive department, independent board, establishment, bureau, agency, institution, commission, or separate office of the administrative branch of the Government of the United States but not the legislative or judicial branches of the Government. See 44 USC 1501
  • 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

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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
  • Archivist: means the Archivist of the United States appointed under section 2103 of this title. See 44 USC 2101
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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 --

    (A) the calendar year 1986, in the case of any class I substance listed in Group I or II under section 7671a(a) of this title,

    (B) the calendar year 1989, in the case of any class I substance listed in Group III, IV, or V under section 7671a(a) of this title, and

    (C) a representative calendar year selected by the Administrator, in the case of--

    (i) any substance added to the list of class I substances after the publication of the initial list under section 7671a(a) of this title, and

    (ii) any class II substance. 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

  • Bequest: Property gifted by will.
  • 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.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • 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, established pursuant to Reorganization Plan Numbered 1 of 1954 (68 Stat. See 22 USC 1641
  • Commissioner: means the Commissioner of the Food and Drug Administration. See 42 USC 7671
  • compliance plan: means , for purposes of the requirements of this subchapter, either--

    (A) a statement that the source will comply with all applicable requirements under this subchapter, or

    (B) where applicable, a schedule and description of the method or methods for compliance and certification by the owner or operator that the source is in compliance with the requirements of this subchapter. 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
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • CTG: means a Control Technique Guideline published by the Administrator under section 7408 of this title. See 42 USC 7602
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • 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.
  • document: means a Presidential proclamation or Executive order and an order, regulation, rule, certificate, code of fair competition, license, notice, or similar instrument, issued, prescribed, or promulgated by a Federal agency. See 44 USC 1501
  • Donor: The person who makes a gift.
  • eligible Indian tribe or tribal organization: means any Indian tribe or tribal organization that qualifies to administer federally funded higher education assistance under a contract pursuant to the Indian Self-Determination and Education Assistance Act [25 U. See 25 USC 3322
  • 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
  • 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
  • federally funded higher education assistance: means any grant assistance provided to an Indian student from funds made available for such purpose by contract or grant to an Indian tribe from amounts appropriated under the authority of section 13 of this title. See 25 USC 3322
  • Fraud Alert: A key provision of the Fair and Accurate Credit Transactions Act of 2003 is the consumer's ability to place a fraud alert on their credit record. A consumer would use this option if they believe they were a victim of identity theft. Source: OCC
  • 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
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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: has the meaning given such term in section 4(d) of the Indian Self Determination and Education Assistance Act [25 U. See 25 USC 3322
  • 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
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • 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 --

    (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. See 42 USC 7602

  • Litvinov Assignment: means (A) the communication dated November 16, 1933, from Maxim Litvinov to President Franklin D. See 22 USC 1641
  • 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
  • Memorandum of Understanding: means the Memorandum of Understanding between the United States and Italy regarding Italian assets in the United States and certain claims of nationals of the United States, signed at Washington, District of Columbia, August 14, 1947 (61 Stat. See 22 USC 1641
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • 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
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • 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
  • 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
  • person: means an individual, partnership, association, or corporation. See 44 USC 1501
  • Person: means a natural person, partnership, association, other unincorporated body, corporation, or body politic. See 22 USC 1631
  • Person: means a natural person, partnership, association, other unincorporated body, corporation, or body politic. See 22 USC 1641
  • 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.
  • Presidential archival depository: means an institution operated by the United States to house and preserve the papers and books of a President or former President of the United States, together with other historical materials belonging to a President or former President of the United States, or related to his papers or to the events of his official or personal life, and may include research facilities and museum facilities in accordance with this chapter. See 44 USC 2101
  • Pretrial services officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • 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
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • production: refer to the manufacture of a substance from any raw material or feedstock chemical, but such terms do not include--

    (A) the manufacture of a substance that is used and entirely consumed (except for trace quantities) in the manufacture of other chemicals, or

    (B) the reuse or recycling of a substance. See 42 USC 7671

  • Property: means any property, right, or interest. See 22 USC 1631
  • Property: means any property, right, or interest. See 22 USC 1641
  • 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
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
  • Service: means the Public Health Service. See 42 USC 201
  • Service of process: The service of writs or summonses to the appropriate party.
  • Soviet Government: means the Union of Soviet Socialist Republics, including any of its present or former constituent republics, other political subdivisions, and any territories thereof, as constituted on or prior to November 16, 1933. See 22 USC 1641
  • 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: 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: 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: includes Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands. See 16 USC 590q
  • 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
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • subscription: includes a mark when the person making the same intended it as such. See 1 USC 1
  • 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.
  • Testify: Answer questions in court.
  • Trustee: A person or institution holding and administering property in trust.
  • ultimate purchaser: means , with respect to any new motor vehicle or new motor vehicle engine, the first person who in good faith purchases such new motor vehicle or new engine for purposes other than resale. See 42 USC 7550
  • unit: means a fossil fuel-fired combustion device. See 42 USC 7651a
  • utility unit: means --

    (i) a unit that serves a generator in any State that produces electricity for sale, or

    (ii) a unit that, during 1985, served a generator in any State that produced electricity for sale. See 42 USC 7651a

  • vehicle: includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. See 1 USC 4
  • Venue: The geographical location in which a case is tried.
  • 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