PART I. 
DEFINITIONS AND GENERAL PROVISIONS



 



§342B-1  Definitions.  As used in this
chapter, unless the context otherwise requires:



"Administrator" means the
administrator of the United States Environmental Protection Agency.



"Air pollutant" has the same meaning
as in the Clean Air Act, 42 United States Code section 7602 (g), and any
substance designated as such by rules adopted under chapter 91.



"Air pollution" means the presence in
the outdoor air of substances in quantities and for durations which may
endanger human health or welfare, plant or animal life, or property or which
may unreasonably interfere with the comfortable enjoyment of life and property
throughout the State and in such areas of the State as are affected thereby,
but excludes all aspects of employer-employee relationships as to health and
safety hazards.



"Ambient air" means the general
outdoor atmosphere.



"Clean Air Act" means the federal
Clean Air Act of 1963 as amended (42 United States Code section 7401 et seq.).



"Compliance plan" means a plan which
includes a description of how a source proposes to comply with all applicable
requirements pursuant to this chapter and includes a schedule of compliance and
a schedule under which the permittee will submit progress reports to the department
no less frequently than every six months.



"Council" means the compliance
advisory council.



"Covered source" means:



(1)  Any major source;



(2)  Any source subject to a standard of performance
for new stationary sources as established by the director pursuant to this
chapter;



(3)  Any source subject to an emissions standard for
hazardous air pollutants as established by the director pursuant to this
chapter;



(4)  Any source subject to the rules for the
prevention of significant deterioration of air quality as established by the
director pursuant to this chapter; and



(5)  Any source in a source category designated by the
director.



"Department" means the department of
health.



"Director" means the director of
health.



"Draft proposed permit" means the version
of a permit for which the department offers public notice and an opportunity
for public comment and hearing.



"Emission" means the act of releasing
or discharging air pollutants into the ambient air from any source.



"EPA" means the United States Environmental
Protection Agency.



"Fugitive dust" means uncontrolled
emission of solid airborne particulate matter from any source other than
combustion.



"Fugitive emissions" means those
emissions which could not reasonably pass through a stack, chimney, vent, or
other functionally equivalent opening.



"Hazardous air pollutant" means those
hazardous air pollutants listed in section 112 (b) of the Clean Air Act, as
amended, 42 United States Code section 7412 (b), and any other hazardous air
pollutant designated by rules.



"Major source" means any stationary
source, or any group of stationary sources that are located on one or more
contiguous properties, and are under common control, belonging to a single
major industrial grouping and that emits or has the potential to emit,
considering controls:



(1)  Any hazardous air pollutant, except
radionuclides, in the aggregate of ten tons per year or more, twenty-five tons
per year or more of any combination, or such lesser quantity as the director
may establish by rule;



(2)  One hundred tons per year or more of any
regulated air pollutant, including fugitive emissions of any such regulated air
pollutant as the director may establish by rule; and



(3)  For radionuclides, "major source" shall
have the meaning specified by the director by rule.



"Owner or operator" means any person
who owns, leases, operates, controls, or supervises a stationary source.



"Party" means each person named as
party or properly entitled to be a party in any court or agency proceeding.



"Permit" means written authorization
from the director to construct, modify, relocate, or operate any regulated air
pollutant source.  A permit authorizes the permittee to cause or allow the
emission of a regulated air pollutant in a specified manner or amount, or to do
any act, not forbidden by this chapter or by rules adopted pursuant to this
chapter, but requiring review by the department.



"Permit program" means the program
established pursuant to part III of this chapter.



"Person" means any individual, firm,
corporation, association, partnership, consortium, joint venture, commercial
entity, state, county, commission, political subdivision of the State, or, to
the extent they are subject to this chapter, the United States or any
interstate body.



"Proposed permit" means the version
of a permit that the department forwards to the administrator for review.



"Regulated air pollutant" means:



(1)  Nitrogen oxides or any volatile organic compound;



(2)  Any air pollutant for which a national or state
ambient air quality standard has been adopted; and



(3)  Any air pollutant that is established by rule
pursuant to this chapter pertaining to standards of performance for new
stationary sources and emissions standards for hazardous air pollutants.



"SBAP" means the small business
assistance program established by section 342B-61.



"Small business ombudsman" means the
small business ombudsman for air pollution control established pursuant to
section  342B-63.



"Small business stationary source"
means a stationary source that:



(1)  Is owned or operated by a person that employs one
hundred or fewer individuals;



(2)  Is independently owned and operated and not
dominant in its field or as otherwise defined by the federal Small Business Act
(42 United States Code section 631 et seq.);



(3)  Is not a major stationary source;



(4)  Does not emit fifty tons or more per year of any
regulated air pollutant; and



(5)  Emits less than seventy-five tons per year of all
regulated air pollutants.



"Source" means any property, real or
personal, which emits or may emit any air pollutant.



"Stationary source" means any piece
of equipment or any activity at a building, structure, facility, or
installation that emits or may emit any air pollutant.



"Variance" means special written
authorization from the director to cause or emit any regulated air pollutant in
a manner or in an amount in excess of applicable standards, or to do an act
that deviates from the requirements of rules or standards adopted pursuant to
this chapter. [L 1992, c 240, pt of §1; am L 1993, c 208, §§2, 11]



 



Case Notes



 



  "Fugitive dust" definition cited, where court
determined that fugitive dust was a pollutant.  307 F. Supp. 2d 1170.