§ 27A-2-5-104 — Definitions.

As used in the Oklahoma Clean Air Act: 1. "Accidental release" means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source; 2. "Air contaminants" means the presence in the outdoor atmosphere of fumes, aerosol, mist, gas, smoke, vapor, particulate matter or any combination thereof which creates a condition of air pollution; 3. "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as tend to be or may be injurious to human, plant or animal life or to property, or which interfere with the comfortable enjoyment of life and property, excluding, however, all conditions pertaining to employer-employee relations; 4. "Ambient air" means the surrounding outdoor air; 5. "Chair" means the Chair of the Air Quality Council; 6. "Council" means the Air Quality Council; 7. "Director" means the Director of Air Quality Division; 8. "Emission" means the release or discharge of any air contaminant or potential air contaminant into the ambient air; 9. "Federal Clean Air Act" means the Federal Clean Air Act, 42 U.S.C. 7401, et seq., as amended, including the Federal Clean Air Act Amendments of 1990; 10. "Hazardous air pollutant" means any air pollutant listed and regulated pursuant to subsection (b) of Section 112 of the Federal Clean Air Act; 11. "Hearing officer" means a person appointed to preside at public hearings held pursuant to this article; 12. "Panel" means the Compliance Advisory Panel; 13. "Person" means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, municipality or any other legal entity, or their representative, agent or assign; 14. "Regulated substance" means any substance, including extremely hazardous substances, listed and regulated pursuant to Section 112(r)(3) of the Federal Clean Air Act; 15. "Small Business Stationary Source" means a stationary source as defined in Section 507 (c) of the Federal Clean Air Act; 16. "Toxic air contaminant" means any substance determined to be highly toxic, moderately toxic, or of low toxicity pursuant to criteria set forth by rule. The term shall not be construed to include pollutants for which a primary and secondary ambient air quality standard has been promulgated under the Federal Clean Air Act to the extent of the criteria for which they are listed; and 17. "Trade secret" means information, including but not limited to a formula, pattern, compilation, program, device, method, technique or process, that: a. derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and b. is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. The term "trade secret" shall not be construed to include data concerning the amount, emission rate or identification of any air contaminant emitted by any source, nor shall it include the contents of any proposed or final permit.

Legislative History

Added by Laws 1992, c. 215, § 3, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 41, eff. July 1, 1993. Renumbered from § 1- 1804.1 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993.