Terms Used In Arizona Laws > Title 49 > Chapter 3 > Article 2 - State Air Pollution Control

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Administrator: means the administrator of the United States environmental protection agency. See Arizona Laws 49-401.01
• Adverse effects to human health: means those effects that result in or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, including adverse effects that are known to be or may reasonably be anticipated to be caused by substances that are acutely toxic, chronically toxic, carcinogenic, mutagenic, teratogenic, neurotoxic or causative of reproductive dysfunction. See Arizona Laws 49-401.01
• 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 contaminants: includes smoke, vapors, charred paper, dust, soot, grime, carbon, fumes, gases, sulfuric acid mist aerosols, aerosol droplets, odors, particulate matter, wind-borne matter, radioactive materials, or noxious chemicals, or any other material in the outdoor atmosphere. See Arizona Laws 49-421
• Air pollution: means the presence in the outdoor atmosphere of one or more air contaminants or combinations thereof in sufficient quantities, which either alone or in connection with other substances by reason of their concentration and duration are or tend to be injurious to human, plant or animal life, or cause damage to property, or unreasonably interfere with the comfortable enjoyment of life or property of a substantial part of a community, or obscure visibility, or which in any way degrade the quality of the ambient air below the standards established by the director. See Arizona Laws 49-421
• 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.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arizona Grand Canyon visibility transport commission class I areas: means the following four mandatory federal class I areas in this state that were the subject of recommendations made by the Grand Canyon visibility transport commission pursuant to the clean air act:

  (a) Grand Canyon national park. See Arizona Laws 49-401.01

• Arizona mandatory federal class I areas: means the following eight national parks and wilderness areas that are designated as mandatory federal class I areas in this state pursuant to the clean air act and does not include the Arizona Grand Canyon visibility transport commission class I areas:

  (a) Pine Mountain Wilderness. See Arizona Laws 49-401.01

• 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.
• Circumstantial evidence: All evidence except eyewitness testimony.
• Clean air act: means the clean air act of 1963 (P. See Arizona Laws 49-401.01
• Commence: means , as applied to construction of a source:

  (a) For purposes other than title IV of the clean air act, that the owner or operator has obtained all necessary preconstruction approval or permits required by federal law and this chapter and has done either of the following:

  (i) Begun or caused to begin a continuous program of physical on-site construction of the source to be completed within a reasonable time. See Arizona Laws 49-401.01

• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction: means any physical change in a source or change in the method of operation of a source including fabrication, erection, installation or demolition of a source that would result in a change in actual emissions. See Arizona Laws 49-401.01
• Contract: A legal written agreement that becomes binding when signed.
• Conventional air pollutant: means any pollutant for which the administrator has promulgated a primary or secondary national ambient air quality standard. See Arizona Laws 49-401.01
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• 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.
• Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Grand Canyon visibility transport commission: means the visibility transport commission established pursuant to section 169B of the clean air act for the region affecting the visibility of the Grand Canyon national park. See Arizona Laws 49-401.01
• Grand Canyon visibility transport commission class I areas: means the following sixteen mandatory federal class I areas in the region of Grand Canyon national park that were the subject of recommendations by the Grand Canyon visibility transport commission pursuant to the clean air act:

  (a) Grand Canyon national park in Arizona. See Arizona Laws 49-401.01

• Hazardous air pollutant: means any federally listed hazardous air pollutant and any air pollutant that the director has designated as a hazardous air pollutant pursuant to Section 49-426. See Arizona Laws 49-401.01
• Hazardous air pollutant reasonably available control technology: means an emissions standard for hazardous air pollutants that the director, acting pursuant to Section 49-426. See Arizona Laws 49-401.01
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• installation: means all of the pollutant-emitting activities that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties and are under the control of the same person or persons under common control except the activities of any vessel. See Arizona Laws 49-401.01
• 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.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
• Maintenance area: means any nonattainment area that has been redesignated by the administrator to attainment status. See Arizona Laws 49-401.01
• Major source: means a stationary source or a group of stationary sources that is located within a contiguous area, that is under common control and that is defined as a major source in section 501(2) of the clean air act or that is a major emitting facility as defined in title I, part C of the clean air act or that is defined in department rules as a major source consistent with the clean air act. See Arizona Laws 49-401.01
• Maximum achievable control technology: means an emission standard that requires the maximum degree of reduction in emissions of the hazardous air pollutants subject to this chapter, including a prohibition on such emissions where achievable, and that the director, after considering the cost of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements, determines to be achievable by an affected source to which such standard applies, through application of measures, processes, methods, systems or techniques including measures that:

  (a) Reduce the volume of, or eliminate emissions of, such pollutants through process changes, substitution of materials or other modifications. See Arizona Laws 49-401.01

• Mobile source: means any combustion engine, device, machine or equipment that operates during transport and that emits or generates air contaminants whether in motion or at rest. See Arizona Laws 49-401.01
• modify: means a physical change in or change in the method of operation of a source that increases the emissions of any regulated air pollutant emitted by such source by more than any relevant de minimis amount or that results in the emission of any regulated air pollutant not previously emitted by more than such de minimis amount. See Arizona Laws 49-401.01
• National ambient air quality standard: means the ambient air pollutant concentration limits established by the administrator pursuant to 42 United States Code § 7409. See Arizona Laws 49-401.01
• Nonattainment area: means any area in this state that is designated as prescribed by section 49-405 and where violations of national ambient air quality standards have been measured. See Arizona Laws 49-401.01
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permitting authority: means the department or a county department or agency that is charged with enforcing a permit program adopted pursuant to section 49-480, subsection A. See Arizona Laws 49-401.01
• Person: includes any public or private corporation, company, partnership, firm, association or society of persons, the federal government and any of its departments or agencies, the state and any of its agencies, departments or political subdivisions, as well as a natural person. See Arizona Laws 49-421
• Petty offense: A federal misdemeanor punishable by six months or less in prison. ^{Source: U.S. Courts}
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Planning agency: means an organization designated by the governor pursuant to 42 United States Code § 7504. See Arizona Laws 49-401.01
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Portable source: means any stationary source that is capable of being transported and operated in more than one county of this state. See Arizona Laws 49-401.01
• Potential to emit: means the maximum capacity of a stationary source to emit a pollutant, excluding secondary emissions, under its physical and operational design. See Arizona Laws 49-401.01
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• Property: includes both real and personal property. See Arizona Laws 1-215
• Source: means any building, structure, facility or installation that may cause or contribute to air pollution or the use of which may eliminate, reduce or control the emission of air pollution. See Arizona Laws 49-401.01
• State implementation plan: means the accumulated record of enforceable air pollution control measures, programs and plans adopted by the director and submitted to the administrator pursuant to 42 United States Code § 7410. See Arizona Laws 49-401.01
• Stationary source: means any facility, building, equipment, device or machine that operates at a fixed location and that emits or generates air contaminants. See Arizona Laws 49-401.01
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
• Writing: includes printing. See Arizona Laws 1-215