[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR66.3]

[Page 138-139]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 66_ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY 
 
                       Subpart A_Purpose and Scope
 
Sec.  66.3  Definitions.

    In this part and part 67:
    (a) Act means the Clean Air Act, 42 U.S.C. 7401 et seq. as amended 
on August 7, 1977, except where the context specifically indicates 
otherwise.
    (b) Affiliated entity means a person who directly, or indirectly 
through one or more intermediaries, controls, is controlled by, or is 
under common control with the owner or operator of a source.
    (c) Applicable legal requirements means any of the following:
    (1) In the case of any major source, any emission limitation, 
emission standard, or compliance schedule under any EPA-approved State 
implementation plan (regardless of whether the source is subject to a 
Federal or State consent decree);

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    (2) In the case of any source, an emission limitation, emission 
standard, standard of performance, or other requirement (including, but 
not limited to, work practice standards) established under section 111 
or 112 of the Act;
    (3) In the case of a source that is subject to a federal or 
federally approved state judicial consent decree or EPA approved 
extension, order, or suspension, any interim emission control 
requirement or schedule of compliance under that consent decree, 
extension, order or suspension;
    (4) In the case of a nonferrous smelter which has received a primary 
nonferrous smelter order issued or approved by EPA under Section 119 of 
the Act, any interim emission control requirement (including a 
requirement relating to the use of supplemental or intermittent 
controls) or schedule of compliance under that order.
    (d) Approved Section 120 program means a State program to assess and 
collect Section 120 penalties that has been approved by the 
Administrator.
    (e) Computer program means the computer program used to calculate 
noncompliance penalties under section 120 of the Clean Air Act. This 
computer program appears as appendix C to these regulations.
    (f) Control (including the terms controlling, controlled by, and 
under common control with) means the power to direct or cause the 
direction of the management and policies of a person or organization, 
whether by the ownership of stock, voting rights, by contract, or 
otherwise.
    (g) Environmental Appeals Board shall mean the Board within the 
Agency described in Sec.  1.25 of this title. The Administrator 
delegates authority to the Environmental Appeals Board to issue final 
decisions in appeals filed under this part. Appeals directed to the 
Administrator, rather than to the Environmental Appeals Board, will not 
be considered. This delegation of authority to the Environmental Appeals 
Board does not preclude the Environmental Appeals Board from referring 
an appeal or a motion filed under this part to the Administrator for 
decision when the Environmental Appeals Board, in its discretion, deems 
it appropriate to do so. When an appeal or motion is referred to the 
Administrator, all parties shall be so notified and the rules in this 
part referring to the Environmental Appeals Board shall be interpreted 
as referring to the Administrator.
    (h) Major stationary source means any stationary facility or source 
of air pollutants which directly emits, or has the potential to emit, 
one hundred tons per year or more of any air pollutant regulated by EPA 
under the Clean Air Act.
    (i) Manual means the Noncompliance Penalties Instruction Manual 
which accompanies these regulations. This Manual appears as appendix B 
to these regulations.
    (j) Owner or operator means any person who owns, leases, operates or 
supervises a facility, building, structure or installation which emits 
or has the potential to emit any air pollutant regulated by EPA under 
the Act.
    (k) Potential to emit means the capability at maximum design 
capacity to emit a pollutant after the application of air pollution 
control equipment. Annual potential shall be based on the larger of the 
maximum annual rated capacity of the stationary source assuming 
continuous operation, or on a projection of actual annual emissions. 
Enforceable permit conditions on the type of materials combusted or 
processed may be used in determining the annual potential. Fugitive 
emissions, to the extent quantifiable, will be considered in determining 
annual potential for those stationary sources whose fugitive emissions 
are regulated by the applicable state implementation plan.
    (l) Source means any source of air pollution subject to applicable 
legal requirements as defined in paragraph (c).
    (m) Technical Support Document means the Noncompliance Penalties 
Technical Support Document which accompanies these regulations. The 
Technical Support Document appears as appendix A to these regulations.

All other terms are defined as they are in the Act.

[45 FR 50110, July 28, 1980, as amended at 57 FR 5328, Feb. 13, 1992]

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