When used in this subchapter II, unless the context otherwise requires:
1.“Air contaminant” means dust, fume, mist, smoke, other particulate matter, gas, vapor
(except water vapor), odorous substance, radioactive substance, or any combination thereof.
2.“Air contaminant source” means any and all sources of emission of air contaminants
whether privately or publicly owned or operated.
a.Air contaminant source includes but is not limited to all types of businesses,
commercial and industrial plants, works, shops, and stores, heating and power plants and
stations, buildings and other structures of all types including single and multiple family
residences, office buildings, hotels, restaurants, schools, hospitals, churches and other
institutional buildings, automobiles, trucks, tractors, buse
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When used in this subchapter II, unless the context otherwise requires:
1. “Air contaminant” means dust, fume, mist, smoke, other particulate matter, gas, vapor
(except water vapor), odorous substance, radioactive substance, or any combination thereof.
2. “Air contaminant source” means any and all sources of emission of air contaminants
whether privately or publicly owned or operated.
a. Air contaminant source includes but is not limited to all types of businesses,
commercial and industrial plants, works, shops, and stores, heating and power plants and
stations, buildings and other structures of all types including single and multiple family
residences, office buildings, hotels, restaurants, schools, hospitals, churches and other
institutional buildings, automobiles, trucks, tractors, buses, aircraft, and other motor
vehicles, garages, vending and service locations and stations, railroad locomotives, ships,
boats, and other waterborne craft, portable fuel-burning equipment, indoor and outdoor
incinerators of all types, refuse dumps and piles, and all stack and other chimney outlets
from any of the foregoing.
b. Anaircontaminantsourcedoesnotincludeafiretruckorotherfireapparatusoperated
by an organized fire department.
3. “Air pollution” means presence in the outdoor atmosphere of one or more air
contaminants in sufficient quantities and of such characteristics and duration as is or may
reasonably tend to be injurious to human, plant, or animal life, or to property, or which
unreasonably interferes with the enjoyment of life and property.
4. “Atmosphere” means all space outside of buildings, stacks or exterior ducts.
5. “Earthen waste slurry storage basin” means an uncovered and exclusively earthen
cavity which, on a regular basis, receives waste discharges from a confinement animal
feeding operation if accumulated wastes from the basin are completely removed at least
twice each year.
6. “Emission” means a release of one or more air contaminants into the outside
atmosphere.
7. “Greenhouse gas” means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
8. “Major stationary source” means a stationary air contaminant source which directly
emits, or has the potential to emit, one hundred tons or more of an air pollutant per year
including a major source of fugitive emissions of a pollutant as determined by rule by the
department or the administrator of the United States environmental protection agency.
9. “Person” means an individual, partnership, cooperative, firm, company, public or
private corporation, political subdivision, agency of the state, trust, estate, joint stock
company, an agency or department of the federal government or any other legal entity, or a
legal representative, agent, officer, employee or assigns of such entities.
10. “Political subdivision” means any municipality, township, or county, or district, or
authority, or any portion, or combination of two or more thereof.
§455B.131, JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES 14
11. “Potential to emit” means the maximum capacity of a stationary source to emit
a pollutant under its physical and operational design as defined in rules adopted by the
department.
12. “Schedule and timetable of compliance” means a schedule of remedial measures
including an enforceable sequence of actions or operations leading to compliance with an
emission limitation, other limitation, prohibition, or standard.
13. “Small business stationary source” means a stationary air contaminant source that
meets all of the following requirements:
a. Employs one hundred or fewer individuals.
b. Qualifies as a small business concern by the United States department of commerce
pursuant to 15 U.S.C. §632.
c. Is not a major stationary source.
d. Emits less than fifty tons per year of any federally regulated air pollutant and less than
seventy-five tons per year of all federally regulated pollutants under the federal Clean Air Act
Amendments of 1990, 42 U.S.C. §7401 et seq.