[Code of Federal Regulations]
[Title 40, Volume 5]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR57.103]

[Page 132-133]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 57--PRIMARY NONFERROUS SMELTER ORDERS--Table of Contents
 
                           Subpart A--General
 
Sec. 57.103  Definitions.

    (a) The Act means the Clean Air Act, as amended.
    (b) Active use refers to an SO2 constant control system 
installed at a smelter before August 7, 1977 and not totally removed 
from regular service by that date.
    (c) Adequate SO2 emission limitation means a SIP emission 
limitation which was approved or promulgated by EPA as adequate to 
attain and maintain the NAAQS in the areas affected by the stack 
emissions without the use of any unauthorized dispersion technique.
    (d) Administrative Law Judge means an administrative law judge 
appointed under 5 U.S.C. 3105 (see also 5 CFR part 930, as amended by 37 
FR 16787), and is synonymous with the term ``Hearing Examiner'' as 
formerly used in Title 5 of the U.S. Code.
    (e) The Administrator means the Administrator of the U.S. 
Environmental Protection Agency, or the Administrator's authorized 
representative.
    (f) Ambient air shall have the meaning given by 40 CFR 50.1(e), as 
that definition appears upon promulgation of this subpart, or as 
hereafter amended.
    (g) Ambient air quality refers only to concentrations of sulfur 
dioxide in the ambient air, unless otherwise specified.
    (h) An approved measure refers to one contained in an NSO which is 
in effect.
    (i) Assistant Administrator for Air and Radiation means the 
Assistant Administrator for Air and Radiation of the U.S. Environmental 
Protection Agency.
    (j) Constant controls, control technology, and continuous emission 
reduction technology mean systems which limit the quantity, rate, or 
concentration, excluding the use of dilution, and emissions of air 
pollutants on a continuous basis.

[[Page 133]]

    (k) Effective date of an NSO means the effective date listed in the 
Federal Register publication of EPA's issuance or approval of an NSO.
    (l) EPA and the Agency means the Administrator of the U.S. 
Environmental Protection Agency, or the Administrator's authorized 
representative.
    (m) Fugitive emissions means any air pollutants emitted to the 
atmosphere other than from a stack.
    (n) Issuance of an NSO means the final transmittal of the NSO 
pursuant to Sec. 57.107(a) by an issuing agency (other than EPA) to EPA 
for approval, or the publication of an NSO issued by EPA in the Federal 
Register.
    (o) Issuing agency, unless otherwise specifically indicated, means 
the State or local air pollution control agency to which a smelter's 
owner has applied for an NSO, or which has issued the NSO, or EPA, when 
the NSO application has been made to EPA. Any showings or demonstrations 
required to be made under this part to the issuing agency, when not EPA, 
are subject to independent determinations by EPA.
    (p) Malfunction means any unanticipated and unavoidable failure of 
air pollution control equipment or process equipment or of a process to 
operate in a normal or usual manner. Failures that are caused entirely 
or in part by poor design, poor maintenance, careless operation, or any 
other preventable upset condition or preventable equipment breakdown 
shall not be considered malfunctions. A malfunction exists only for the 
minimum time necessary to implement corrective measures.
    (q) Maximum production capacity means either the maximum 
demonstrated rate at which a smelter has produced its principal metallic 
final product under the process equipment configuration and operating 
procedures prevailing on or before August 7, 1977, or a rate which the 
smelter is able to demonstrate by calculation is attainable with process 
equipment existing on August 7, 1977. The rate may be expressed as a 
concentrate feed rate to the smelter.
    (r) NAAQS and National Ambient Air Quality Standards, unless 
otherwise specified, refer only to the National Primary and Secondary 
Ambient Air Quality Standards for sulfur dioxide.
    (s) Scheduled maintenance means any periodic procedure, necessary to 
maintain the integrity or reliability of emissions control performance, 
which can be anticipated and scheduled in advance. In sulfuric acid 
plants, it includes among other items the screening or replacement of 
catalyst, the re-tubing of heat exchangers, and the routine repair and 
cleaning of gas handling/cleaning equipment.
    (t) Smelter owner and operator means the owner or operator of the 
smelter, without distinction.
    (u) Supplementary control system (SCS) means any technique for 
limiting the concentration of a pollutant in the ambient air by varying 
the emissions of that pollutant according to atmospheric conditions. For 
the purposes of this part, the term supplementary control system does 
not include any dispersion technique based solely on the use of a stack 
the height of which exceeds good engineering practice (as determined 
under regulations implementing section 123 of the Act).
    (v) Unauthorized dispersion technique refers to any dispersion 
technique which, under section 123 of the Act and the regulations 
promulgated pursuant to that section, may not be used to reduce the 
degree of emission limitation otherwise required in the applicable SIP.
    (w) Unless otherwise specified in this part, all terms shall have 
the same meaning given them by the Act.

[50 FR 6448, Feb. 15, 1985, as amended at 57 FR 5328, Feb. 13, 1992]