- accidental release
means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source.
- actual 1985 emission rate
means the annual sulfur dioxide or nitrogen oxides emission rate in pounds per million Btu as reported in the NAPAP Emission Inventory, Version 2.
- additional renewable fuel
means fuel that is produced from renewable biomass and that is used to replace or reduce the quantity of fossil fuel present in home heating oil or jet fuel.
- Administrator
means the Administrator of the Environmental Protection Agency.
- advanced biofuel
means renewable fuel, other than ethanol derived from corn starch, that has lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, that are at least 50 percent less than baseline lifecycle greenhouse gas emissions.
- adverse environmental effect
means any significant and widespread adverse effect, which may reasonably be anticipated, to wildlife, aquatic life, or other natural resources, including adverse impacts on populations of endangered or threatened species or significant degradation of environmental quality over broad areas.
- affected source
means a source that includes one or more affected units.
- affected unit
means a unit that is subject to emission reduction requirements or limitations under this subchapter.
- air pollutant
means any air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air.
- air pollution control agency
means an air pollution control agency (as defined in section 7602(b) of this title) that is responsible for developing plans or controlling air pollution within the area covered by a transportation plan.
- allowable 1985 emissions rate
means a federally enforceable emissions limitation for sulfur dioxide or oxides of nitrogen, applicable to the unit in 1985 or the limitation applicable in such other subsequent year as determined by the Administrator if such a limitation for 1985 does not exist.
- allowance
means a limited authorization for the production or consumption of a regulated substance established under subsection (e).
- alternative method of compliance
means a method of compliance in accordance with one or more of the following authorities:
- antitrust laws
means those Acts set forth in section 12 of title 15.
- appliance
includes any device which contains and uses as a refrigerant a substitute substance and which is used for household or commercial purposes, including any air conditioner, refrigerator, chiller, or freezer.
- applicable domestic law
means this chapter.
- applicable facility
means a facility within the following industry segments, as defined in subpart W of part 98 of title 40, Code of Federal Regulations:
- 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.
- approved refrigerant recycling equipment
means equipment certified by the Administrator (or an independent standards testing organization approved by the Administrator) to meet the standards established by the Administrator and applicable to equipment for the extraction and reclamation of refrigerant from motor vehicle air conditioners.
- area source
means any stationary source of hazardous air pollutants that is not a major source.
- as expeditiously as practicable
means as expeditiously as practicable but in no event later than five years after the date of approval of a plan revision under this section (or the date of promulgation of such a plan revision in the case of action by the Administrator under section 7410(c) of this title for purposes of this section);
- base gasoline
means gasoline which meets the following specifications:Specifications of Base Gasoline Used as Basis for Reactivity Readjustment: API gravity57.8 Sulfur, ppm317 ColorPurple Benzene, vol. %1.35 Reid vapor pressure8.7 Drivability1195 Antiknock index87.3 Distillation, D–86 °F IBP92 10%126 50%219 90%327 EP414 Hydrocarbon Type, Vol. % FIA: Aromatics30.9 Olefins8.2 Saturates60.9 The Administrator shall modify the definitions of NMOG, base gasoline, and the methods for making reactivity adjustments, to conform to the definitions and method used in California under the Low-Emission Vehicle and Clean Fuel Regulations of the California Air Resources Board, so long as the California definitions are, in the aggregate, at least as protective of public health and welfare as the definitions in this section.
- 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:
- baseline concentration
means, with respect to a pollutant, the ambient concentration levels which exist at the time of the first application for a permit in an area subject to this part, based on air quality data available in the Environmental Protection Agency or a State air pollution control agency and on such monitoring data as the permit applicant is required to submit.
- baseline emissions
means the total amount of actual VOC or NOx emissions from all anthropogenic sources in the area during the calendar year 1990, excluding emissions that would be eliminated under the regulations described in clauses (i) and (ii) of subparagraph (D).
- baseline gasoline
means in the case of gasoline sold during the high ozone period (as defined by the Administrator) a gasoline which meets the following specifications:BASELINE GASOLINE FUEL PROPERTIES API Gravity57.4 Sulfur, ppm339 Benzene, %1.53 RVP, psi8.7 Octane, R+M/287.3 IBP, F91 10%, F128 50%, F218 90%, F330 End Point, F415 Aromatics, %32.0 Olefins, %9.2 Saturates, %58.8
- baseline lifecycle greenhouse gas emissions
means the average lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, for gasoline or diesel (whichever is being replaced by the renewable fuel) sold or distributed as transportation fuel in 2005.
- baseline year
means—
- basic Phase II allowance allocations
means:
- best available control technology
means an emission limitation based on the maximum degree of reduction of each pollutant subject to regulation under this chapter emitted from or which results from any major emitting facility, which the permitting authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such facility through application of production processes and available methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of each such pollutant.
- best available controls
means the degree of emissions reduction that the Administrator determines, on the basis of technological and economic feasibility, health, environmental, and energy impacts, is achievable through the application of the most effective equipment, measures, processes, methods, systems or techniques, including chemical reformulation, product or feedstock substitution, repackaging, and directions for use, consumption, storage, or disposal.
- biodiesel
has the meaning provided by section 13220(f) of this title.
- biomass-based diesel
means renewable fuel that is biodiesel as defined in section 13220(f) of this title and that has lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, that are at least 50 percent less than the baseline lifecycle greenhouse gas emissions.
- Board
means the Direct Air Capture Technology Advisory Board established by clause (iii)(I).
- capacity factor
means the ratio between the actual electric output from a unit and the potential electric output from that unit.
- cellulosic biofuel
means renewable fuel derived from any cellulose, hemicellulose, or lignin that is derived from renewable biomass and that has lifecycle greenhouse gas emissions, as determined by the Administrator, that are at least 60 percent less than the baseline lifecycle greenhouse gas emissions.
- class I substance
means each of the substances listed as provided in section 7671a(a) of this title.
- class II substance
means each of the substances listed as provided in section 7671a(b) of this title.
- clean alternative fuel
means any fuel (including methanol, ethanol, or other alcohols (including any mixture thereof containing 85 percent or more by volume of such alcohol with gasoline or other fuels), reformulated gasoline, diesel, natural gas, liquefied petroleum gas, and hydrogen) or power source (including electricity) used in a clean-fuel vehicle that complies with the standards and requirements applicable to such vehicle under this subchapter when using such fuel or power source.
- clean coal technology
means any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, process steam, or industrial products, which is not in widespread use as of November 15, 1990.
- clean-fuel vehicle
means a vehicle in a class or category of vehicles which has been certified to meet for any model year the clean-fuel vehicle standards applicable under this part for that model year to clean-fuel vehicles in that class or category.
- CO
means carbon monoxide.
- coastal waters
shall mean estuaries selected pursuant to section 320(a)(2)(A) of the Federal Water Pollution Control Act [33 U.S.C. 1330(a)(2)(A)] or listed pursuant to section 320(a)(2)(B) of such Act [33 U.S.C. 1330(a)(2)(B)] or estuarine research reserves designated pursuant to section 1461 of title 16.
- commenced commercial operation
means to have begun to generate electricity for sale.
- commerce
means (A) commerce between any place in any State and any place outside thereof;
- Commissioner
means the Commissioner of the Food and Drug Administration.
- compliance plan
means, for purposes of the requirements of this subchapter, either—
- construction
means fabrication, erection, or installation of an affected unit.
- consumer or commercial product
means any substance, product (including paints, coatings, and solvents), or article (including any container or packaging) held by any person, the use, consumption, storage, disposal, destruction, or decomposition of which may result in the release of volatile organic compounds.
- consumption
means, with respect to any substance, the amount of that substance produced in the United States, plus the amount imported, minus the amount exported to Parties to the Montreal Protocol.
- consumption baseline
means the baseline established for the consumption of regulated substances under subsection (e)(1)(C).
- continuous emission monitoring system
(CEMS) means the equipment as required by section 7651k of this title, used to sample, analyze, measure, and provide on a continuous basis a permanent record of emissions and flow (expressed in pounds per million British thermal units (lbs/mmBtu), pounds per hour (lbs/hr) or such other form as the Administrator may prescribe by regulations under section 7651k of this title).
- conventional biofuel
means renewable fuel that is ethanol derived from corn starch.
- conventional gasoline
means any gasoline which does not meet specifications set by a certification under this subsection.
- corresponding onshore area
means, with respect to any OCS source, the onshore attainment or nonattainment area that is closest to the source, unless the Administrator determines that another area with more stringent requirements with respect to the control and abatement of air pollution may reasonably be expected to be affected by such emissions.
- covered fleet
means 10 or more motor vehicles which are owned or operated by a single person.
- covered fleet vehicle
means only a motor vehicle which is— No vehicle which under normal operations is garaged at a personal residence at night shall be considered to be a vehicle which is capable of being centrally fueled within the meaning of this paragraph.
- covered ozone nonattainment area
means a Serious Area, as classified under section 7511 of this title as of October 27, 1998.
- covered person
means—
- CTG
means a Control Technique Guideline published by the Administrator under section 7408 of this title.
- dealer
means any person who is engaged in the sale or the distribution of new motor vehicles or new motor vehicle engines to the ultimate purchaser.
- deep saline formation
means a formation of subsurface geographically extensive sedimentary rock layers saturated with waters or brines that have a high total dissolved solids content and that are below the depth where carbon dioxide can exist in the formation as a supercritical fluid.
- delayed compliance order
means an order issued by the State or by the Administrator to an existing stationary source, postponing the date required under an applicable implementation plan for compliance by such source with any requirement of such plan.
- 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.
- dilute
means a concentration of less than 1 percent by volume.
- dispersion technique
includes any intermittent or supplemental control of air pollutants varying with atmospheric conditions.
- electric utility
means any person, State agency, or Federal agency, which sells electric energy.
- electric utility steam generating unit
means any fossil fuel fired combustion unit of more than 25 megawatts that serves a generator that produces electricity for sale.
- eligible contractor
means a contractor that has the capacity—
- eligible entity
means—
- eligible recipient
means—
- eligible vehicle
means a Class 6 or Class 7 heavy-duty vehicle as defined in section 1037.801 of title 40, Code of Federal Regulations (as in effect on August 16, 2022).
- emission standard or limitation under this chapter
means— which is in effect under this chapter (including a requirement applicable by reason of section 7418 of this title) or under an applicable implementation plan.
- exceptional event
means an event that—
- exchange value
means the value assigned to a regulated substance in accordance with subsections (c) and (e), as applicable.
- exempted specially produced motor vehicle
means a light-duty vehicle or light-duty truck produced by a low-volume manufacturer and that—
- existing OCS source
means any OCS source other than a new OCS source.
- existing solid waste incineration unit
means a solid waste unit which is not a new or modified solid waste incineration unit.
- existing source
means any stationary source other than a new source.
- existing unit
means a unit (including units subject to section 7411 of this title) that commenced commercial operation before November 15, 1990.
- Federal implementation plan
means a plan (or portion thereof) promulgated by the Administrator to fill all or a portion of a gap or otherwise correct all or a portion of an inadequacy in a State implementation plan, and which includes enforceable emission limitations or other control measures, means or techniques (including economic incentives, such as marketable permits or auctions of emissions allowances), and provides for attainment of the relevant national ambient air quality standard.
- Federal land manager
means, with respect to any lands in the United States, the Secretary of the department with authority over such lands.
- generator
means a device that produces electricity and which is reported as a generating unit pursuant to Department of Energy Form 860.
- greenhouse gas
means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
- hazardous air pollutant
means any air pollutant listed pursuant to subsection (b).
- high altitude conditions
refers to high altitude as defined in regulations of the Administrator in effect as of November 15, 1990.
- high terrain area
means with respect to any facility, any area having an elevation of 900 feet or more above the base of the stack of such facility, and the term “low terrain area” means any area other than a high terrain area.
- implementing
means any activity related to the planning, developing, establishing, carrying-out, improving, or maintaining of such programs.
- import
means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, regardless of whether that landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States.
- independent power producer
means any person who owns or operates, in whole or in part, one or more new independent power production facilities.
- Indian tribe
means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village, which is Federally recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
- indirect source
means a facility, building, structure, installation, real property, road, or highway which attracts, or may attract, mobile sources of pollution.
- indirect source review program
means the facility-by-facility review of indirect sources of air pollution, including such measures as are necessary to assure, or assist in assuring, that a new or modified indirect source will not attract mobile sources of air pollution, the emissions from which would cause or contribute to air pollution concentrations—
- industrial source
means a unit that does not serve a generator that produces electricity, a “nonutility unit” as defined in this section, or a process source as defined in section 7651i(e) 5 of this title.
- intellectual property
means—
- interstate air pollution control agency
means—
- lapse
means that the conformity determination for a transportation plan or transportation improvement program has expired, and thus there is no currently conforming transportation plan or transportation improvement program.
- life-of-the-unit, firm power contractual arrangement
means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of capacity and associated energy generated by a specified generating unit (or units) and pays its proportional amount of such unit’s total costs, pursuant to a contract either—
- lifecycle greenhouse gas emissions
means the aggregate quantity of greenhouse gas emissions (including direct emissions and significant indirect emissions such as significant emissions from land use changes), as determined by the Administrator, related to the full fuel lifecycle, including all stages of fuel and feedstock production and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished fuel to the ultimate consumer, where the mass values for all greenhouse gases are adjusted to account for their relative global warming potential.
- locally or regionally available coal or coal derivatives
means coal or coal derivatives which is, or can in the judgment of the State or the Administrator feasibly be, mined or produced in the local or regional area (as determined by the Administrator) in which the major fuel burning stationary source is located.
- low terrain area
means any area other than a high terrain area.
- low-polluting fuel
means methanol, ethanol, propane, or natural gas, or any comparably low-polluting fuel.
- low-volume manufacturer
means a motor vehicle manufacturer, other than a person who is registered as an importer under section 30141 of title 49, whose annual worldwide production, including by a parent or subsidiary of the manufacturer, if applicable, is not more than 5,000 motor vehicles.
- lowest achievable emission rate
means for any source, that rate of emissions which reflects— In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source standards of performance.
- major emitting facility
means any of the following stationary sources of air pollutants which emit, or have the potential to emit, one hundred tons per year or more of any air pollutant from the following types of stationary sources: fossil-fuel fired steam electric plants of more than two hundred and fifty million British thermal units per hour heat input, coal cleaning plants (thermal dryers), kraft pulp mills, Portland Cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than fifty tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production facilities, chemical process plants, fossil-fuel boilers of more than two hundred and fifty million British thermal units per hour heat input, petroleum storage and transfer facilities with a capacity exceeding three hundred thousand barrels, taconite ore processing
- major source
means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants.
- major stationary source
includes 8 (in addition to the sources described in section 7602 of this title) any stationary source or group of sources located within a contiguous area and under common control that emits, or has the potential to emit, at least 10 tons per year of volatile organic compounds.
- mandatory class I Federal areas
means Federal areas which may not be designated as other than class I under this part;
- manmade air pollution
means air pollution which results directly or indirectly from human activities;
- manufacture
includes importation.
- manufacturer
includes an importer and the term “manufacture” includes importation.
- manufacturer parts
means, with respect to a motor vehicle engine, parts produced or sold by the manufacturer of the motor vehicle or motor vehicle engine.
- means of emission limitation
means a system of continuous emission reduction (including the use of specific technology or fuels with specified pollution characteristics).
- medical device
means any device (as defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)), diagnostic product, drug (as defined in the Federal Food, Drug, and Cosmetic Act), and drug delivery system—
- methanol
includes any fuel which contains at least 85 percent methanol unless the Administrator increases such percentage as he deems appropriate to protect public health and welfare.
- model year
shall mean the calendar year.
- modification
means any physical change in, or change in the method of operation of, a major source which increases the actual emissions of any hazardous air pollutant emitted by such source by more than a de minimis amount or which results in the emission of any hazardous air pollutant not previously emitted by more than a de minimis amount.
- modified solid waste incineration unit
means a solid waste incineration unit at which modifications have occurred after the effective date of a standard under subsection (a) if (A) the cumulative cost of the modifications, over the life of the unit, exceed 50 per centum of the original cost of construction and installation of the unit (not including the cost of any land purchased in connection with such construction or installation) updated to current costs, or (B) the modification is a physical change in or change in the method of operation of the unit which increases the amount of any air pollutant emitted by the unit for which standards have been established under this section or section 7411 of this title.
- motor vehicle
means any self-propelled vehicle designed for transporting persons or property on a street or highway.
- municipal solid waste
has the meaning given the term “solid waste” in section 6903 of this title.
- municipal waste
means refuse (and refuse-derived fuel) collected from the general public and from residential, commercial, institutional, and industrial sources consisting of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustible materials and non-combustible materials such as metal, glass and rock, provided that: (A) the term does not include industrial process wastes or medical wastes that are segregated from such other wastes;
- municipality
means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law.
- NAAQS
means national ambient air quality standard.
- necessary preconstruction approvals or permits
means those permits or approvals, required by the permitting authority as a precondition to undertaking any activity under clauses (i) or (ii) of subparagraph (A) of this paragraph.
- new independent power production facility
means a facility that—
- new motor vehicle
means a motor vehicle the equitable or legal title to which has never been transferred to an ultimate purchaser;
- new motor vehicle engine
means an engine in a new motor vehicle or a motor vehicle engine the equitable or legal title to which has never been transferred to the ultimate purchaser;
- new OCS source
means an OCS source which is a new source within the meaning of section 7411(a) of this title.
- new solid waste incineration unit
means a solid waste incineration unit the construction of which is commenced after the Administrator proposes requirements under this section establishing emissions standards or other requirements which would be applicable to such unit or a modified solid waste incineration unit.
- new source
means a stationary source the construction or reconstruction of which is commenced after the Administrator first proposes regulations under this section establishing an emission standard applicable to such source.
- new unit
means a unit that commences commercial operation on or after November 15, 1990.
- nonattainment area
means, for any air pollutant, an area which is designated “nonattainment” with respect to that pollutant within the meaning of section 7407(d) of this title.
- nonroad engine
means an internal combustion engine (including the fuel system) that is not used in a motor vehicle or a vehicle used solely for competition, or that is not subject to standards promulgated under section 7411 of this title or section 7521 of this title.
- nonroad vehicle
means a vehicle that is powered by a nonroad engine and that is not a motor vehicle or a vehicle used solely for competition.
- nonutility unit
means a unit other than a utility unit.
- not feasible to prescribe or enforce a standard of performance
means any situation in which the Administrator determines that (A) a pollutant or pollutants cannot be emitted through a conveyance designed and constructed to emit or capture such pollutant, or that any requirement for, or use of, such a conveyance would be inconsistent with any Federal, State, or local law, or (B) the application of measurement methodology to a particular class of sources is not practicable due to technological or economic limitations.
- not feasible to prescribe or enforce an emission standard
means any situation in which the Administrator determines that—
- off-site consequence analysis information
means those portions of a risk management plan, excluding the executive summary of the plan, consisting of an evaluation of 1 or more worst-case release scenarios or alternative release scenarios, and any electronic data base created by the Administrator from those portions.
- official use
means an action of a Federal, State, or local government agency or an entity referred to in subclause (I)(ee) intended to carry out a function relevant to preventing, planning for, or responding to accidental releases.
- onboard emissions diagnostic device
means any device installed for the purpose of storing or processing emissions related diagnostic information, but not including any parts or other systems which it monitors except specified major emissions control components.
- organization
means a legal entity, other than a government, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons.
- Outer Continental Shelf
has the meaning provided by section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331).
- owner or operator
means any person who owns, leases, operates, controls, or supervises a stationary source.
- ozone-depletion potential
means a factor established by the Administrator to reflect the ozone-depletion potential of a substance, on a mass per kilogram basis, as compared to chlorofluorocarbon-11 (CFC–11).
- PADD
means a Petroleum Administration for Defense District.
- parking surcharge regulation
means a regulation imposing or requiring the imposition of any tax, surcharge, fee, or other charge on parking spaces, or any other area used for the temporary storage of motor vehicles.
- period of covered noncompliance
means the period which begins— and ending on the date on which such source comes into (or for the purpose of establishing the schedule of payments, is estimated to come into) compliance with such requirement.
- 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.
- person
includes, in addition to the entities referred to in section 7602(e) of this title, any responsible corporate officer.
- 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.
- primary fuel
means the fuel which is used 90 percent or more of the operating time.
- primary standard attainment date
means the date specified in the applicable implementation plan for the attainment of a national primary ambient air quality standard for any air pollutant.
- pro rata basis
refers to the ratio which the reductions made in such unit’s allowances in order to establish the reserve under this subsection bears to the total of such reductions for all such units.
- produce
means the manufacture of a regulated substance from a raw material or feedstock chemical (but not including the destruction of a regulated substance by a technology approved by the Administrator).
- production baseline
means the baseline established for the production of regulated substances under subsection (e)(1)(B).
- properly trained and certified
means training and certification in the proper use of approved refrigerant recycling equipment for motor vehicle air conditioners in conformity with standards established by the Administrator and applicable to the performance of service on motor vehicle air conditioners.
- properly using
means, with respect to approved refrigerant recycling equipment, using such equipment in conformity with standards established by the Administrator and applicable to the use of such equipment.
- qualified climate action plan
means a detailed and strategic plan that—
- qualified energy conservation measure
means a cost effective measure, as identified by the Administrator in consultation with the Secretary of Energy, that increases the efficiency of the use of electricity provided by an electric utility to its customers.
- qualified renewable energy
means energy derived from biomass, solar, geothermal, or wind as identified by the Administrator in consultation with the Secretary of Energy.
- 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.
- reasonable further progress
means such annual incremental reductions in emissions of the relevant air pollutant as are required by this part or may reasonably be required by the Administrator for the purpose of ensuring attainment of the applicable national ambient air quality standard by the applicable date.
- reconstruction
includes the replacement of existing coke oven battery capacity with new coke oven batteries of comparable or lower capacity and lower potential emissions.
- recover
means the process by which a regulated substance is—
- reformulated gasoline
means any gasoline which is certified by the Administrator under this section as complying with this subsection.
- refrigerant
means any class II substance used for heat transfer in a refrigerating system.
- regulated entities
means—
- regulated pollutant
shall mean (I) a volatile organic compound;
- regulated substance
means—
- renewable biomass
means each of the following:
- renewable fuel
means fuel that is produced from renewable biomass and that is used to replace or reduce the quantity of fossil fuel present in a transportation fuel.
- 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.
- required allowances
means the allowances required to operate such unit for so much of the unit’s useful life as occurs after January 1, 2000.
- research or laboratory facility
means any stationary source whose primary purpose is to conduct research and development into new processes and products, where such source is operated under the close supervision of technically trained personnel and is not engaged in the manufacture of products for commercial sale in commerce, except in a de minimis manner.
- reserve
means any bank of allowances established by the Administrator under this subchapter.
- retail facility
means a stationary source at which more than one-half of the income is obtained from direct sales to end users or at which more than one-half of the fuel sold, by volume, is sold through a cylinder exchange program.
- retrofit
means to upgrade existing equipment where the regulated substance is changed, which—
- risk management plan
means a risk management plan submitted to the Administrator by an owner or operator of a stationary source under subparagraph (B)(iii).
- schedule and timetable of compliance
means a schedule of required measures including an enforceable sequence of actions or operations leading to compliance with an emission limitation, other limitation, prohibition, or standard.
- schedule of compliance
means a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to compliance with an applicable implementation plan, emission standard, emission limitation, or emission prohibition.
- Secretary
means the Secretary of Energy.
- serious bodily injury
means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
- small business concern
has the same meaning as in section 632 of title 15.
- small business stationary source
means a stationary source that—
- small refinery
means a refinery for which the average aggregate daily crude oil throughput for a calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels.
- small source
means a source that emits less than 100 tons of regulated pollutants per year, or any class of persons that the Administrator determines, through regulation, generally lack technical ability or knowledge regarding control of air pollution.
- solid waste incineration unit
means a distinct operating unit of any facility which combusts any solid waste material from commercial or industrial establishments or the general public (including single and multiple residences, hotels, and motels).
- specified major emission control component
means only a catalytic converter, an electronic emissions control unit, and an onboard emissions diagnostic device, except that the Administrator may designate any other pollution control device or component as a specified major emission control component if— For purposes of this paragraph, the term “onboard emissions diagnostic device” means any device installed for the purpose of storing or processing emissions related diagnostic information, but not including any parts or other systems which it monitors except specified major emissions control components.
- standard of performance
means a standard for emissions of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.
- State
means one of the 48 contiguous States and the District of Columbia.
- stationary source
means any buildings, structures, equipment, installations or substance emitting stationary activities (i) which belong to the same industrial group, (ii) which are located on one or more contiguous properties, (iii) which are under the control of the same person (or persons under common control), and (iv) from which an accidental release may occur.
- technological system of continuous emission reduction
means—
- toxic air pollutants
means the aggregate emissions of the following: Benzene 1,3 Butadiene Polycyclic organic matter (POM) Acetaldehyde Formaldehyde.
- transportation fuel
means fuel for use in motor vehicles, motor vehicle engines, nonroad vehicles, or nonroad engines (except for ocean-going vessels).
- ultimate purchaser
means, with respect to any new motor vehicle or new motor vehicle engine, the first person who in good faith purchases such new motor vehicle or new engine for purposes other than resale.
- unit
means a fossil fuel-fired combustion device.
- urban bus
has the meaning provided under regulations of the Administrator promulgated under section 7521(a) of this title.
- utility unit
means—
- VOC
means volatile organic compound, as defined by the Administrator.
- zero-emission port equipment or technology
means human-operated equipment or human-maintained technology that—