PART I. DEFINITIONS AND GENERAL PROVISIONS

 

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

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

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

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

"Ambient air" means the generaloutdoor atmosphere.

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

"Compliance plan" means a plan whichincludes a description of how a source proposes to comply with all applicablerequirements pursuant to this chapter and includes a schedule of compliance anda schedule under which the permittee will submit progress reports to the departmentno less frequently than every six months.

"Council" means the complianceadvisory council.

"Covered source" means:

(1)  Any major source;

(2)  Any source subject to a standard of performancefor new stationary sources as established by the director pursuant to thischapter;

(3)  Any source subject to an emissions standard forhazardous air pollutants as established by the director pursuant to thischapter;

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

(5)  Any source in a source category designated by thedirector.

"Department" means the department ofhealth.

"Director" means the director ofhealth.

"Draft proposed permit" means the versionof a permit for which the department offers public notice and an opportunityfor public comment and hearing.

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

"EPA" means the United States EnvironmentalProtection Agency.

"Fugitive dust" means uncontrolledemission of solid airborne particulate matter from any source other thancombustion.

"Fugitive emissions" means thoseemissions which could not reasonably pass through a stack, chimney, vent, orother functionally equivalent opening.

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

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

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

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

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

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

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

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

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

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

"Proposed permit" means the versionof 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 stateambient air quality standard has been adopted; and

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

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

"Small business ombudsman" means thesmall business ombudsman for air pollution control established pursuant tosection  342B-63.

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

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

(2)  Is independently owned and operated and notdominant 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 anyregulated air pollutant; and

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

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

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

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

 

Case Notes

 

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