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U.S. Code as of:
01/19/04
Section 7479. Definitions
For purposes of this part -
(1) The term "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 facilities, glass fiber
processing plants, charcoal production facilities. Such term also
includes any other source with the potential to emit two hundred
and fifty tons per year or more of any air pollutant. This term
shall not include new or modified facilities which are nonprofit
health or education institutions which have been exempted by the
State.
(2)(A) The term "commenced" as applied to construction of a
major emitting facility means that the owner or operator has
obtained all necessary preconstruction approvals or permits
required by Federal, State, or local air pollution emissions and
air quality laws or regulations and either has (i) begun, or
caused to begin, a continuous program of physical on-site
construction of the facility or (ii) entered into binding
agreements or contractual obligations, which cannot be canceled
or modified without substantial loss to the owner or operator, to
undertake a program of construction of the facility to be
completed within a reasonable time.
(B) The term "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.
(C) The term "construction" when used in connection with any
source or facility, includes the modification (as defined in
section 7411(a) of this title) of any source or facility.
(3) The term "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. In no event shall application of "best
available control technology" result in emissions of any
pollutants which will exceed the emissions allowed by any
applicable standard established pursuant to section 7411 or 7412
of this title. Emissions from any source utilizing clean fuels,
or any other means, to comply with this paragraph shall not be
allowed to increase above levels that would have been required
under this paragraph as it existed prior to November 15, 1990.
(4) The term "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. Such ambient concentration levels shall take
into account all projected emissions in, or which may affect,
such area from any major emitting facility on which construction
commenced prior to January 6, 1975, but which has not begun
operation by the date of the baseline air quality concentration
determination. Emissions of sulfur oxides and particulate matter
from any major emitting facility on which construction commenced
after January 6, 1975, shall not be included in the baseline and
shall be counted against the maximum allowable increases in
pollutant concentrations established under this part.
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