Terms Used In U.S. Code > Title 42 > Chapter 85 > Subchapter IV-A - Acid Deposition 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
- 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:
- 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.
- 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: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- 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
- 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
- commenced commercial operation: means to have begun to generate electricity for sale. See 42 USC 7651a
- 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
- construction: means fabrication, erection, or installation of an affected unit. See 42 USC 7651a
- Contract: A legal written agreement that becomes binding when signed.
- county: includes a parish, or any other equivalent subdivision of a State or Territory of the United States. See 1 USC 2
- 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
- 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.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- new unit: means a unit that commences commercial operation on or after November 15, 1990. See 42 USC 7651a
- nonutility unit: means a unit other than a utility unit. See 42 USC 7651a
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
- 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
- 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
- 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
- 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
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- 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
- reserve: means any bank of allowances established by the Administrator under this subchapter. See 42 USC 7651a
- 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 one of the 48 contiguous States and the District of Columbia. See 42 USC 7651a
- 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