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]

Note

  The amendment made by L 2014, c 218, §8 is not included in this section.

Case Notes

  "Fugitive dust" definition cited, where court determined that fugitive dust was a pollutant.  307 F. Supp. 2d 1170 (2004).