Title 12, Chapter 9, Section 3
(a) As used in this article, the term:
(1) "Administrator" means the administrator of the United States
Environmental Protection Agency.
(2) "Air-cleaning device" means any method, process, or equipment
which removes, reduces, or renders less noxious air contaminants
discharged into the atmosphere.
(3) "Air contaminant" means solid or liquid particulate matter,
dust, fumes, gas, mist, smoke, or vapor or any matter or substance
either physical, chemical, biological, radioactive, including
without limitation source material, special nuclear material, and
by-product material, or any combination of any of the above.
(4) "Air pollution" means the presence in the outdoor atmosphere
of one or more air contaminants.
(5) "Ambient air" means that portion of the atmosphere external to
facilities to which the general public has access.
(6) "Area of the state" means any city or county or portion
thereof or other substantial geographical area of the state as may
be designated by the division.
(7) "Board" means the Board of Natural Resources of the State of
(8) "Compliance plan" means a plan which outlines the methods,
procedures, or other means by which the owner, operator, or
applicant intends to achieve or maintain compliance with the
requirements of this article or the rules and regulations
promulgated pursuant to this article.
(9) "Construction" means any fabrication, erection, or
installation and includes any modification as defined in paragraph
(22) of this Code section.
(10) "Control measure" means any equipment, device, process,
procedure, material, or method used to reduce emissions from a
source in such a manner that the emission reduction can be
verified by the director.
(11) "Director" means the director of the Environmental Protection
Division of the Department of Natural Resources of the State of
Georgia or his designee.
(12) "Division" means the Environmental Protection Division of the
Department of Natural Resources of the State of Georgia.
(13) "Effects on welfare" includes, but is not limited to, effects
on soils, water, crops, vegetation, man-made materials, animals,
wildlife, weather, visibility, and climate, damage to and
deterioration of property, public safety, and hazards to
transportation, as well as effects on economic values or
development and on personal comfort and well-being.
(14) "Emission" or "emitting" means any discharging, giving off,
sending forth, placing, dispensing, scattering, issuing,
circulating, releasing, or any other emanation of any air
contaminant or contaminants into the atmosphere.
(15) "Emission limitation" means a requirement established which
limits the quantity, rate, type, or concentration of emissions of
air contaminants, including all means of emission limitation,
supplemental or intermittent means of emission limitation, and any
requirement relating to the equipment or operation or maintenance
of a source to assure emission reduction.
(16) "Emission offset" means a requirement providing for a
proportional decrease in the emissions of a quantity or type of
air contaminant from a source, facility, or area of the state in
order to compensate or counteract the effects of an emission
increase from such source, facility, or area of the state.
(17) "Facility" means any stationary source or group of stationary
sources located within a contiguous area and under common control
that emits or has the potential to emit any air contaminants.
(18) "Federal act" means 42 U.S.C. Section 7401, et seq., as
(19) "Indirect source" means a source or facility which attracts
or tends to attract activity that results in emission of any air
pollutant for which there is an ambient air standard.
(20) "Manager" means the person appointed, employed, or delegated
to the position of small business stationary source technical and
environmental compliance office manager.
(21) "Means of emission limitation" means a system of continuous
emission reduction, including the use of specific technology or
fuels with specified pollution characteristics.
(22) "Modification" means any change in or alteration of fuels,
processes, operation, or equipment, including any chemical changes
in processes or fuels, which affects the amount or character of
any air pollutant emitted or which results in the emission of any
air pollutant not previously emitted. No source shall, by reason
of a change which decreases emissions, become subject to the new
source performance standards of 42 U.S.C. Section 7411, unless
required by the federal act. This definition does not apply where
the word "modification" is used to refer to action by the
director, division, or Board of Natural Resources in modifying or
changing rules, regulations, orders, or permits. In that context
the word has its ordinary meaning.
(23) "Person" means any individual, corporation, partnership,
association, state, municipality, or political subdivision of a
state, and any agency, department, or instrumentality of the
United States government, or any other entity, and any officer,
agent, or employee of any of the above.
(24) "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. (25) "Small business advisory panel" means the small business stationary source technical and environmental compliance advisory panel created by Code Section 12-9-25.
(26) "Small business stationary source or facility" means an
(A) Is owned or operated by a person employing 100 or fewer
(B) Is a small business under the federal Small Business Act;
(C) Does not emit 50 tons or more per year of any regulated
(D) Emits less than 75 tons per year of all regulated pollutants
and does not qualify as a major stationary source.
(27) "Source" means any property, building, structure, location,
equipment, or installation at, from, or by reason of which
emissions of air contaminants are or may reasonably be expected to
be emitted into the atmosphere. Such term includes both real and
personal property, stationary and mobile sources, and direct and
indirect sources and both public or private property.
(28) "Standard of performance" means a requirement of continuous
emission reduction, including any requirement relating to the
equipment, operation, or maintenance of a source to assure
continuous emission reduction. A standard of performance for any
fossil fuel fired stationary source subject to 42 U.S.C. Section
7411(b) must also produce and result in a percentage reduction in
the emissions from such category of sources from the emissions
which would have resulted from the use of fuels which are not
subject to treatment prior to combustion, as required by 42 U.S.C.
(29) "Stationary source" means any source or facility emitting,
either directly or indirectly, from a fixed location.
(30) "Supplemental or intermittent means of emission limitation"
means all other means of emission limitation other than systems of
continuous emission reduction and includes all dispersion
(31) "Title V permit" means a permit issued by the director which
is subject to the permitting requirements and procedures for such
permits pursuant to this article and the regulations promulgated
pursuant to this article and in accordance with the federal act,
42 U.S.C. Section 7661, et seq., as amended, and the rules and
regulations promulgated pursuant thereto.
(b) The following terms shall have the same meaning as provided for
such terms in the federal act:
(1) Hazardous air pollutants;
(2) Major stationary source;
(3) Mobile source; and
(4) Implementing authority.