r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE wiki — defined terms
The statute’s own glossary: every term Title 42 defines, in section order.
“retail facility” applies in that section
The term “retail facility” means a stationary source at which more than one-half of the income is obtained from direct sales to end users or at which more than one-half of the fuel sold, by volume, is sold through a cylinder exchange program. (3) List of substances The Administrator shall promulgate not later than 24 months after November 15, 1990 , an initial list of 100 substances which, in the case of an accidental release, are known to cause or may reasonably be anticipated to cause death, injury, or serious adverse effects to human health or the environment.
“risk management plan” applies in that section
The term “risk management plan” means a risk management plan submitted to the Administrator by an owner or operator of a stationary source under subparagraph (B)(iii). (ii) Regulations .— Not later than 1 year after August 5, 1999 , the President shall— (I) assess— (aa) the increased risk of terrorist and other criminal activity associated with the posting of off-site consequence analysis information on the Internet; and (bb) the incentives created by public disclosure of off-site consequence analysis information for reduction in the risk of accidental releases; and (II) based on the assessment under subclause (I), promulgate regulations governing the distribution of off-site consequence …
“stationary source” applies in that section
The term “stationary source” means any buildings, structures, equipment, installations or substance emitting stationary activities (i) which belong to the same industrial group, (ii) which are located on one or more contiguous properties, (iii) which are under the control of the same person (or persons under common control), and (iv) from which an accidental release may occur.;
“organization” applies in that section
The term “organization” means a legal entity, other than a government, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons.;
“person” applies in that section
the term “person” includes, in addition to the entities referred to in section 7602(e) of this title , any responsible corporate officer. (d) Administrative assessment of civil penalties (1) The Administrator may issue an administrative order against any person assessing a civil administrative penalty of up to $25,000, per day of violation, whenever, on the basis of any available information, the Administrator finds that such person— (A) has violated or is violating any requirement or prohibition of an applicable implementation plan (such order shall be issued (i) during any period of federally assumed enforcement, or (ii) more than thirty days following the date of the Administrator’s …
“serious bodily injury” applies in that section
The term “serious bodily injury” means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (6) For the purpose of this subsection,
“period of covered noncompliance” applies in that section
the term “period of covered noncompliance” means the period which begins— (i) two years after August 7, 1977 , in the case of a source for which notice of noncompliance under subsection (b)(3) is issued on or before the date two years after August 7, 1977 , or (ii) on the date of issuance of the notice of noncompliance under subsection (b)(3), in the case of a source for which such notice is issued after July 1, 1979 , and ending on the date on which such source comes into (or for the purpose of establishing the schedule of payments, is estimated to come into) compliance with such requirement.
“dispersion technique” applies in that section
the term “dispersion technique” includes any intermittent or supplemental control of air pollutants varying with atmospheric conditions. (c) Regulations; good engineering practice Not later than six months after August 7, 1977 , the Administrator, shall after notice and opportunity for public hearing, promulgate regulations to carry out this section.
“locally or regionally available coal or coal derivatives” applies in that section
the term “locally or regionally available coal or coal derivatives” means coal or coal derivatives which is, or can in the judgment of the State or the Administrator feasibly be, mined or produced in the local or regional area (as determined by the Administrator) in which the major fuel burning stationary source is located.
“existing solid waste incineration unit” applies in that section
The term “existing solid waste incineration unit” means a solid waste unit which is not a new or modified solid waste incineration unit. (5) Municipal waste
“modified solid waste incineration unit” applies in that section
The term “modified solid waste incineration unit” means a solid waste incineration unit at which modifications have occurred after the effective date of a standard under subsection (a) if (A) the cumulative cost of the modifications, over the life of the unit, exceed 50 per centum of the original cost of construction and installation of the unit (not including the cost of any land purchased in connection with such construction or installation) updated to current costs, or (B) the modification is a physical change in or change in the method of operation of the unit which increases the amount of any air pollutant emitted by the unit for which standards have been established under this section …
“municipal waste” applies in that section
The term “municipal waste” means refuse (and refuse-derived fuel) collected from the general public and from residential, commercial, institutional, and industrial sources consisting of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustible materials and non-combustible materials such as metal, glass and rock, provided that: (A) the term does not include industrial process wastes or medical wastes that are segregated from such other wastes; and (B) an incineration unit shall not be considered to be combusting municipal waste for purposes of section 7411 of this title or this section if it combusts a fuel feed stream, 30 percent or less of the weight of which …
“new solid waste incineration unit” applies in that section
The term “new solid waste incineration unit” means a solid waste incineration unit the construction of which is commenced after the Administrator proposes requirements under this section establishing emissions standards or other requirements which would be applicable to such unit or a modified solid waste incineration unit. (3) Modified solid waste incineration unit
“solid waste incineration unit” applies in that section
The term “solid waste incineration unit” means a distinct operating unit of any facility which combusts any solid waste material from commercial or industrial establishments or the general public (including single and multiple residences, hotels, and motels). Such term does not include incinerators or other units required to have a permit under section 3005 of the Solid Waste Disposal Act [ 42 U.S.C. 6925 ].
“eligible contractor” applies in that section
The term “eligible contractor” means a contractor that has the capacity— (A) to sell, lease, license, or contract for service zero-emission vehicles, or charging or other equipment needed to charge, fuel, or maintain zero-emission vehicles, to individuals or entities that own, lease, license, or contract for service an eligible vehicle; or (B) to arrange financing for such a sale, lease, license, or contract for service. (2) Eligible recipient
“eligible recipient” applies in that section
The term “eligible recipient” means— (A) a State; (B) a municipality; (C) an Indian tribe; or (D) a nonprofit school transportation association. (3) Eligible vehicle
“eligible vehicle” applies in that section
The term “eligible vehicle” means a Class 6 or Class 7 heavy-duty vehicle as defined in section 1037.801 of title 40, Code of Federal Regulations (as in effect on August 16, 2022 ). (4) Greenhouse gas
“greenhouse gas” applies in that section
The term “greenhouse gas” means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride. (5) Zero-emission vehicle
“zero-emission vehicle” applies in that section
The term “zero-emission vehicle” means a vehicle that has a drivetrain that produces, under any possible operational mode or condition, zero exhaust emissions of— (A) any air pollutant that is listed pursuant to section 7408(a) of this title (or any precursor to such an air pollutant); and (B) any greenhouse gas.
“eligible recipient” applies in that section
The term “eligible recipient” means— (A) a port authority; (B) a State, regional, local, or Tribal agency that has jurisdiction over a port authority or a port; (C) an air pollution control agency; or (D) a private entity that— (i) applies for a grant under this section in partnership with an entity described in any of subparagraphs (A) through (C); and (ii) owns, operates, or uses the facilities, cargo-handling equipment, transportation equipment, or related technology of a port. (2) Greenhouse gas
“greenhouse gas” applies in that section
The term “greenhouse gas” means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride. (3) Qualified climate action plan
“qualified climate action plan” applies in that section
The term “qualified climate action plan” means a detailed and strategic plan that— (A) establishes goals, implementation strategies, and accounting and inventory practices to reduce emissions at one or more ports of— (i) greenhouse gases; (ii) an air pollutant that is listed pursuant to section 7408(a) of this title (or any precursor to such an air pollutant); and (iii) hazardous air pollutants; (B) includes a strategy to collaborate with, communicate with, and address potential effects on low-income and disadvantaged near-port communities and other stakeholders that may be affected by implementation of the plan; and (C) describes how an eligible recipient has implemented or will implement …
“zero-emission port equipment or technology” applies in that section
The term “zero-emission port equipment or technology” means human-operated equipment or human-maintained technology that— (A) produces zero emissions of any air pollutant that is listed pursuant to section 7408(a) of this title (or any precursor to such an air pollutant) and any greenhouse gas other than water vapor; or (B) captures 100 percent of the emissions described in subparagraph (A) that are produced by an ocean-going vessel at berth.
“greenhouse gas” applies in that section
the term “greenhouse gas” means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
“applicable facility” applies in that section
the term “applicable facility” means a facility within the following industry segments, as defined in subpart W of part 98 of title 40, Code of Federal Regulations: (1) Offshore petroleum and natural gas production. (2) Onshore petroleum and natural gas production. (3) Onshore natural gas processing. (4) Onshore natural gas transmission compression. (5) Underground natural gas storage. (6) Liquefied natural gas storage. (7) Liquefied natural gas import and export equipment. (8) Onshore petroleum and natural gas gathering and boosting. (9) Onshore natural gas transmission pipeline.
“greenhouse gas” applies in that section
the term “greenhouse gas” means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
“eligible entity” applies in that section
The term “eligible entity” means— (A) a State; (B) an air pollution control agency; (C) a municipality; (D) an Indian tribe; and (E) a group of one or more entities listed in subparagraphs (A) through (D). (2) Greenhouse gas
“greenhouse gas” applies in that section
The term “greenhouse gas” means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
“eligible entity” applies in that section
the term “eligible entity” means— (A) a partnership between— (i) an Indian tribe, a local government, or an institution of higher education; and (ii) a community-based nonprofit organization; (B) a community-based nonprofit organization; or (C) a partnership of community-based nonprofit organizations. (c) Administrative costs The Administrator shall reserve 7 percent of the amounts made available under subsection (a) for administrative costs to carry out this section. (d) Definition of greenhouse gas In this section,
“greenhouse gas” applies in that section
the term “greenhouse gas” means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
“high terrain area” applies in that section
the term “high terrain area” means with respect to any facility, any area having an elevation of 900 feet or more above the base of the stack of such facility, and
“low terrain area” applies in that section
the term “low terrain area” means any area other than a high terrain area. (e) Analysis; continuous air quality monitoring data; regulations; model adjustments (1) The review provided for in subsection (a) shall be preceded by an analysis in accordance with regulations of the Administrator, promulgated under this subsection, which may be conducted by the State (or any general purpose unit of local government) or by the major emitting facility applying for such permit, of the ambient air quality at the proposed site and in areas which may be affected by emissions from such facility for each pollutant subject to regulation under this chapter which will be emitted from such facility.
“baseline concentration” applies throughout its part
The term “baseline concentration” means, with respect to a pollutant, the ambient concentration levels which exist at the time of the first application for a permit in an area subject to this part, based on air quality data available in the Environmental Protection Agency or a State air pollution control agency and on such monitoring data as the permit applicant is required to submit. Such ambient concentration levels shall take into account all projected emissions in, or which may affect, such area from any major emitting facility on which construction commenced prior to January 6, 1975 , but which has not begun operation by the date of the baseline air quality concentration determination.
“best available control technology” applies throughout its part
The term “best available control technology” means an emission limitation based on the maximum degree of reduction of each pollutant subject to regulation under this chapter emitted from or which results from any major emitting facility, which the permitting authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such facility through application of production processes and available methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of each such pollutant.
“major emitting facility” applies throughout its part
The term “major emitting facility” means any of the following stationary sources of air pollutants which emit, or have the potential to emit, one hundred tons per year or more of any air pollutant from the following types of stationary sources: fossil-fuel fired steam electric plants of more than two hundred and fifty million British thermal units per hour heat input, coal cleaning plants (thermal dryers), kraft pulp mills, Portland Cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than fifty tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, …
“necessary preconstruction approvals or permits” applies throughout its part
The term “necessary preconstruction approvals or permits” means those permits or approvals, required by the permitting authority as a precondition to undertaking any activity under clauses (i) or (ii) of subparagraph (A) of this paragraph. (C) The term “construction” when used in connection with any source or facility, includes the modification (as defined in section 7411(a) of this title ) of any source or facility.;
“as expeditiously as practicable” applies in that section
the term “as expeditiously as practicable” means as expeditiously as practicable but in no event later than five years after the date of approval of a plan revision under this section (or the date of promulgation of such a plan revision in the case of action by the Administrator under section 7410(c) of this title for purposes of this section);
“impairment of visibility” applies in that section
the terms “visibility impairment” and “impairment of visibility” shall include reduction in visual range and atmospheric discoloration; and;
“major stationary source” applies in that section
the term “major stationary source” means the following types of stationary sources with the potential to emit 250 tons or more of any pollutant: fossil-fuel fired steam electric plants of more than 250 million British thermal units per hour heat input, coal cleaning plants (thermal dryers), kraft pulp mills, Portland Cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon …
“mandatory class I Federal areas” applies in that section
the term “mandatory class I Federal areas” means Federal areas which may not be designated as other than class I under this part;
“manmade air pollution” applies in that section
the term “manmade air pollution” means air pollution which results directly or indirectly from human activities;
“visibility impairment” applies in that section
the terms “visibility impairment” and “impairment of visibility” shall include reduction in visual range and atmospheric discoloration; and;
“lowest achievable emission rate” applies throughout its part
The term “lowest achievable emission rate” means for any source, that rate of emissions which reflects— (A) the most stringent emission limitation which is contained in the implementation plan of any State for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable, or (B) the most stringent emission limitation which is achieved in practice by such class or category of source, whichever is more stringent. In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source standards of performance.;
“modifications” applies throughout its part
The terms “modifications” and “modified” mean the same as the term “modification” as used in section 7411(a)(4) of this title .
“modified” applies throughout its part
The terms “modifications” and “modified” mean the same as the term “modification” as used in section 7411(a)(4) of this title .
“nonattainment area” applies throughout its part
The term “nonattainment area” means, for any air pollutant, an area which is designated “nonattainment” with respect to that pollutant within the meaning of section 7407(d) of this title .;
“reasonable further progress” applies throughout its part
The term “reasonable further progress” means such annual incremental reductions in emissions of the relevant air pollutant as are required by this part or may reasonably be required by the Administrator for the purpose of ensuring attainment of the applicable national ambient air quality standard by the applicable date. (2) Nonattainment area .—
“air pollution control agency” applies in that section
the term “air pollution control agency” means an air pollution control agency (as defined in section 7602(b) of this title ) that is responsible for developing plans or controlling air pollution within the area covered by a transportation plan.
“lapse” applies in that section
the term “lapse” means that the conformity determination for a transportation plan or transportation improvement program has expired, and thus there is no currently conforming transportation plan or transportation improvement program.
“baseline emissions” applies in that section
the term “baseline emissions” means the total amount of actual VOC or NO x emissions from all anthropogenic sources in the area during the calendar year 1990, excluding emissions that would be eliminated under the regulations described in clauses (i) and (ii) of subparagraph (D).
“major source” applies in that section
the terms “major source” and “major stationary source” shall include (in addition to the sources described in section 7602 of this title ) any stationary source or group of sources located within a contiguous area and under common control that emits, or has the potential to emit, at least 5 tons per year of volatile organic compounds); (II) reasonably available control technology is required for all existing major sources (as defined in subclause (I)); and (III) the plan reflecting a lesser percentage than 15 percent includes all measures that can feasibly be implemented in the area, in light of technological achievability.
“major stationary source” applies in that section
the terms “major source” and “major stationary source” shall include (in addition to the sources described in section 7602 of this title ) any stationary source or group of sources located within a contiguous area and under common control that emits, or has the potential to emit, at least 5 tons per year of volatile organic compounds); (II) reasonably available control technology is required for all existing major sources (as defined in subclause (I)); and (III) the plan reflecting a lesser percentage than 15 percent includes all measures that can feasibly be implemented in the area, in light of technological achievability.
“primary fuel” applies in that section
the term “primary fuel” means the fuel which is used 90 percent or more of the operating time. This paragraph shall not apply during any natural gas supply emergency (as defined in title III of the Natural Gas Policy Act of 1978 [ 15 U.S.C. 3361 et seq.]). (4) Traffic control measures during heavy traffic hours For Extreme Areas, each implementation plan revision under this subsection may contain provisions establishing traffic control measures applicable during heavy traffic hours to reduce the use of high polluting vehicles or heavy-duty vehicles, notwithstanding any other provision of law.
“best available controls” applies in that section
The term “best available controls” means the degree of emissions reduction that the Administrator determines, on the basis of technological and economic feasibility, health, environmental, and energy impacts, is achievable through the application of the most effective equipment, measures, processes, methods, systems or techniques, including chemical reformulation, product or feedstock substitution, repackaging, and directions for use, consumption, storage, or disposal. (B) Consumer or commercial product
“consumer or commercial product” applies in that section
The term “consumer or commercial product” means any substance, product (including paints, coatings, and solvents), or article (including any container or packaging) held by any person, the use, consumption, storage, disposal, destruction, or decomposition of which may result in the release of volatile organic compounds. The term does not include fuels or fuel additives regulated under section 7545 of this title , or motor vehicles, non-road vehicles, and non-road engines as defined under section 7550 of this title . (C) Regulated entities
“covered ozone nonattainment area” applies in that section
the term “covered ozone nonattainment area” means a Serious Area, as classified under section 7511 of this title as of October 27, 1998 .
“regulated entities” applies in that section
The term “regulated entities” means— (i) manufacturers, processors, wholesale distributors, or importers of consumer or commercial products for sale or distribution in interstate commerce in the United States; or (ii) manufacturers, processors, wholesale distributors, or importers that supply the entities listed under clause (i) with such products for sale or distribution in interstate commerce in the United States.
“major stationary source” applies in that section
the term “major stationary source” includes (in addition to the sources described in section 7602 of this title ) any stationary source which emits, or has the potential to emit, 50 tons per year or more of carbon monoxide. (2) Waivers for certain areas The Administrator may, on a case-by-case basis, waive any requirements that pertain to transportation controls, inspection and maintenance, or oxygenated fuels where the Administrator determines by rule that mobile sources of carbon monoxide do not contribute significantly to carbon monoxide levels in the area.
“fill pipe” applies in that section
the term “fill pipe” shall include the fuel tank fill pipe, fill neck, fill inlet, and closure. (6) Onboard vapor recovery .— Within 1 year after November 15, 1990 , the Administrator shall, after consultation with the Secretary of Transportation regarding the safety of vehicle-based (“onboard”) systems for the control of vehicle refueling emissions, promulgate standards under this section requiring that new light-duty vehicles manufactured beginning in the fourth model year after the model year in which the standards are promulgated and thereafter shall be equipped with such systems.
“heavy duty vehicle” applies throughout its part
The term “heavy duty vehicle” means a truck, bus, or other vehicle manufactured primarily for use on the public streets, roads, and highways (not including any vehicle operated exclusively on a rail or rails) which has a gross vehicle weight (as determined under regulations promulgated by the Administrator) in excess of six thousand pounds. Such term includes any such vehicle which has special features enabling off-street or off-highway operation and use.
“model year” applies throughout its part
the term “model year” shall mean the calendar year. (ii) For the purpose of assuring that vehicles and engines manufactured before the beginning of a model year were not manufactured for purposes of circumventing the effective date of a standard required to be prescribed by subsection (b), the Administrator may prescribe regulations defining “model year” otherwise than as provided in clause (i). (B) Repealed. Pub. L. 101–549, title II, § 230(1) , Nov. 15, 1990 , 104 Stat. 2529 .;
“manufacturer parts” applies in that section
the term “manufacturer parts” means, with respect to a motor vehicle engine, parts produced or sold by the manufacturer of the motor vehicle or motor vehicle engine. No action with respect to any device or element of design referred to in paragraph (3) shall be treated as a prohibited act under that paragraph if (i) the action is for the purpose of repair or replacement of the device or element, or is a necessary and temporary procedure to repair or replace any other item and the device or element is replaced upon completion of the procedure, and (ii) such action thereafter results in the proper functioning of the device or element referred to in paragraph (3).
“exempted specially produced motor vehicle” applies in that section
The term “exempted specially produced motor vehicle” means a light-duty vehicle or light-duty truck produced by a low-volume manufacturer and that— (I) is intended to resemble the body of another motor vehicle that was manufactured not less than 25 years before the manufacture of the exempted specially produced motor vehicle; and (II) is manufactured under a license for the product configuration, trade dress, trademark, or patent, for the motor vehicle that is intended to be replicated from the original manufacturer, its successors or assignees, or current owner of such product configuration, trade dress, trademark, or patent rights.;
“low-volume manufacturer” applies in that section
The term “low-volume manufacturer” means a motor vehicle manufacturer, other than a person who is registered as an importer under section 30141 of title 49 , whose annual worldwide production, including by a parent or subsidiary of the manufacturer, if applicable, is not more than 5,000 motor vehicles. (b) Testing procedures; hearing; judicial review; additional evidence (1) In order to determine whether new motor vehicles or new motor vehicle engines being manufactured by a manufacturer do in fact conform with the regulations with respect to which the certificate of conformity was issued, the Administrator is authorized to test such vehicles or engines.
“onboard emissions diagnostic device” applies in that section
the term “onboard emissions diagnostic device” means any device installed for the purpose of storing or processing emissions related diagnostic information, but not including any parts or other systems which it monitors except specified major emissions control components. Nothing in this chapter shall be construed to provide that any part (other than a part referred to in the preceding sentence) shall be required to be warranted under this chapter for the period of 8 years or 80,000 miles referred to in this paragraph.
“specified major emission control component” applies in that section
the term “specified major emission control component” means only a catalytic converter, an electronic emissions control unit, and an onboard emissions diagnostic device, except that the Administrator may designate any other pollution control device or component as a specified major emission control component if— (A) the device or component was not in general use on vehicles and engines manufactured prior to the model year 1990; and (B) the Administrator determines that the retail cost (exclusive of installation costs) of such device or component exceeds $200 (in 1989 dollars), adjusted for inflation or deflation as calculated by the Administrator at the time of such determination.
“additional renewable fuel” applies in that section
The term “additional renewable fuel” means fuel that is produced from renewable biomass and that is used to replace or reduce the quantity of fossil fuel present in home heating oil or jet fuel. (B) Advanced biofuel (i) In general
“advanced biofuel” applies in that section
The term “advanced biofuel” means renewable fuel, other than ethanol derived from corn starch, that has lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, that are at least 50 percent less than baseline lifecycle greenhouse gas emissions. (ii) Inclusions The types of fuels eligible for consideration as “advanced biofuel” may include any of the following: (I) Ethanol derived from cellulose, hemicellulose, or lignin. (II) Ethanol derived from sugar or starch (other than corn starch). (III) Ethanol derived from waste material, including crop residue, other vegetative waste material, animal waste, and food waste and yard waste.
“baseline gasoline” applies in that section
The term “baseline gasoline” means in the case of gasoline sold during the high ozone period (as defined by the Administrator) a gasoline which meets the following specifications: BASELINE GASOLINE FUEL PROPERTIES API Gravity 57.4 Sulfur, ppm 339 Benzene, % 1.53 RVP, psi 8.7 Octane, R+M/2 87.3 IBP, F 91 10%, F 128 50%, F 218 90%, F 330 End Point, F 415 Aromatics, % 32.0 Olefins, % 9.2 Saturates, % 58.8 (ii) Wintertime The Administrator shall establish the specifications of “baseline gasoline” for gasoline sold at times other than the high ozone period (as defined by the Administrator). Such specifications shall be the specifications of 1990 industry average gasoline sold during such period.
“baseline lifecycle greenhouse gas emissions” applies in that section
The term “baseline lifecycle greenhouse gas emissions” means the average lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, for gasoline or diesel (whichever is being replaced by the renewable fuel) sold or distributed as transportation fuel in 2005. (D) Biomass-based diesel
“baseline vehicles” applies in that section
The term “baseline vehicles” mean representative model year 1990 vehicles. (B) Baseline gasoline (i) Summertime
“biodiesel” applies in that section
the term “biodiesel” has the meaning provided by section 13220(f) of this title . (v) Prevention of air quality deterioration (1) Study (A) In general Not later than 18 months after December 19, 2007 , the Administrator shall complete a study to determine whether the renewable fuel volumes required by this section will adversely impact air quality as a result of changes in vehicle and engine emissions of air pollutants regulated under this chapter. (B) Considerations The study shall include consideration of— (i) different blend levels, types of renewable fuels, and available vehicle technologies; and (ii) appropriate national, regional, and local air quality control measures.
“biomass-based diesel” applies in that section
The term “biomass-based diesel” means renewable fuel that is biodiesel as defined in section 13220(f) of this title and that has lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, that are at least 50 percent less than the baseline lifecycle greenhouse gas emissions. Notwithstanding the preceding sentence, renewable fuel derived from co-processing biomass with a petroleum feedstock shall be advanced biofuel if it meets the requirements of subparagraph (B), but is not biomass-based diesel. (E) Cellulosic biofuel
“cellulosic biofuel” applies in that section
The term “cellulosic biofuel” means renewable fuel derived from any cellulose, hemicellulose, or lignin that is derived from renewable biomass and that has lifecycle greenhouse gas emissions, as determined by the Administrator, that are at least 60 percent less than the baseline lifecycle greenhouse gas emissions. (F) Conventional biofuel
“conventional biofuel” applies in that section
The term “conventional biofuel” means renewable fuel that is ethanol derived from corn starch. (G) Greenhouse gas
“conventional gasoline” applies in that section
The term “conventional gasoline” means any gasoline which does not meet specifications set by a certification under this subsection. (l) Detergents Effective beginning January 1, 1995 , no person may sell or dispense to an ultimate consumer in the United States, and no refiner or marketer may directly or indirectly sell or dispense to persons who sell or dispense to ultimate consumers in the United States any gasoline which does not contain additives to prevent the accumulation of deposits in engines or fuel supply systems. Not later than 2 years after November 15, 1990 , the Administrator shall promulgate a rule establishing specifications for such additives.
“greenhouse gas” applies in that section
The term “greenhouse gas” means carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, 9 sulfur hexafluoride. The Administrator may include any other anthropogenically-emitted gas that is determined by the Administrator, after notice and comment, to contribute to global warming. (H) Lifecycle greenhouse gas emissions
“lifecycle greenhouse gas emissions” applies in that section
The term “lifecycle greenhouse gas emissions” means the aggregate quantity of greenhouse gas emissions (including direct emissions and significant indirect emissions such as significant emissions from land use changes), as determined by the Administrator, related to the full fuel lifecycle, including all stages of fuel and feedstock production and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished fuel to the ultimate consumer, where the mass values for all greenhouse gases are adjusted to account for their relative global warming potential. (I) Renewable biomass
“manufacture” applies in that section
the term “manufacture” includes importation. (s) Conversion assistance for cellulosic biomass, waste-derived ethanol, approved renewable fuels (1) In general The Secretary of Energy may provide grants to merchant producers of cellulosic biomass ethanol, waste-derived ethanol, and approved renewable fuels in the United States to assist the producers in building eligible production facilities described in paragraph (2) for the production of ethanol or approved renewable fuels.
“manufacturer” applies in that section
the term “manufacturer” includes an importer and
“PADD” applies in that section
the term “PADD” means a Petroleum Administration for Defense District. (ii) Regulations concerning emissions of toxic air pollutants Not later than 270 days after August 8, 2005 , the Administrator shall establish by regulation, for each refinery or importer (other than a refiner or importer in a State that has received a waiver under section 7543(b) of this title with respect to gasoline produced for use in that State), standards for toxic air pollutants from use of the reformulated gasoline produced or distributed by the refiner or importer that maintain the reduction of the average annual aggregate emissions of toxic air pollutants for reformulated gasoline produced or distributed by the …
“reformulated gasoline” applies in that section
The term “reformulated gasoline” means any gasoline which is certified by the Administrator under this section as complying with this subsection. (F) Conventional gasoline
“renewable biomass” applies in that section
The term “renewable biomass” means each of the following: (i) Planted crops and crop residue harvested from agricultural land cleared or cultivated at any time prior to December 19, 2007 , that is either actively managed or fallow, and nonforested. (ii) Planted trees and tree residue from actively managed tree plantations on non-federal 10 land cleared at any time prior to December 19, 2007 , including land belonging to an Indian tribe or an Indian individual, that is held in trust by the United States or subject to a restriction against alienation imposed by the United States. (iii) Animal waste material and animal byproducts.
“renewable fuel” applies in that section
The term “renewable fuel” means fuel that is produced from renewable biomass and that is used to replace or reduce the quantity of fossil fuel present in a transportation fuel. (K) Small refinery
“small refinery” applies in that section
The term “small refinery” means a refinery for which the average aggregate daily crude oil throughput for a calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels. (L) Transportation fuel
“toxic air pollutants” applies in that section
The term “toxic air pollutants” means the aggregate emissions of the following: Benzene 1,3 Butadiene Polycyclic organic matter (POM) Acetaldehyde Formaldehyde. (D) Covered area The 9 ozone nonattainment areas having a 1980 population in excess of 250,000 and having the highest ozone design value during the period 1987 through 1989 shall be “covered areas” for purposes of this subsection. Effective one year after the reclassification of any ozone nonattainment area as a Severe ozone nonattainment area under section 7511(b) of this title , such Severe area shall also be a “covered area” for purposes of this subsection. (E) Reformulated gasoline
“transportation fuel” applies in that section
The term “transportation fuel” means fuel for use in motor vehicles, motor vehicle engines, nonroad vehicles, or nonroad engines (except for ocean-going vessels). (2) Renewable fuel program (A) Regulations (i) In general Not later than 1 year after August 8, 2005 , the Administrator shall promulgate regulations to ensure that gasoline sold or introduced into commerce in the United States (except in noncontiguous States or territories), on an annual average basis, contains the applicable volume of renewable fuel determined in accordance with subparagraph (B).
“municipal solid waste” applies in that section
The term “municipal solid waste” has the meaning given the term “solid waste” in section 6903 of this title . (2) RFG State
“RFG State” applies in that section
The term “RFG State” means a State in which is located one or more covered areas (as defined in section 7545(k)(10)(D) of this title ). (3) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of Energy. (b) Cellulosic biomass ethanol and municipal solid waste loan guarantee program (1) In general Funds may be provided for the cost (as defined in the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq.)) of loan guarantees issued under title XIV of the Energy Policy Act 1 to carry out commercial demonstration projects for celluosic 2 biomass and sucrose-derived ethanol.
“commerce” applies throughout its part
The term “commerce” means (A) commerce between any place in any State and any place outside thereof; and (B) commerce wholly within the District of Columbia. (7) Vehicle curb weight, gross vehicle weight rating, light-duty truck, light-duty vehicle, and loaded vehicle weight .— The terms “vehicle curb weight”, “gross vehicle weight rating” (GVWR), “light-duty truck” (LDT), light-duty vehicle, 1 and “loaded vehicle weight” (LVW) have the meaning provided in regulations promulgated by the Administrator and in effect as of November 15, 1990 . The abbreviations in parentheses corresponding to any term referred to in this paragraph shall have the same meaning as the corresponding term.
“dealer” applies throughout its part
The term “dealer” means any person who is engaged in the sale or the distribution of new motor vehicles or new motor vehicle engines to the ultimate purchaser.;
“motor vehicle” applies throughout its part
The term “motor vehicle” means any self-propelled vehicle designed for transporting persons or property on a street or highway. (3) Except with respect to vehicles or engines imported or offered for importation,
“new motor vehicle” applies throughout its part
the term “new motor vehicle” means a motor vehicle the equitable or legal title to which has never been transferred to an ultimate purchaser; and
“new motor vehicle engine” applies throughout its part
the term “new motor vehicle engine” means an engine in a new motor vehicle or a motor vehicle engine the equitable or legal title to which has never been transferred to the ultimate purchaser; and with respect to imported vehicles or engines, such terms mean a motor vehicle and engine, respectively, manufactured after the effective date of a regulation issued under section 7521 of this title which is applicable to such vehicle or engine (or which would be applicable to such vehicle or engine had it been manufactured for importation into the United States).;
“nonroad engine” applies in that section
The term “nonroad engine” means an internal combustion engine (including the fuel system) that is not used in a motor vehicle or a vehicle used solely for competition, or that is not subject to standards promulgated under section 7411 of this title or section 7521 of this title . (11) Nonroad vehicle .—
“nonroad vehicle” applies in that section
The term “nonroad vehicle” means a vehicle that is powered by a nonroad engine and that is not a motor vehicle or a vehicle used solely for competition.
“ultimate purchaser” applies throughout its part
The term “ultimate purchaser” means, with respect to any new motor vehicle or new motor vehicle engine, the first person who in good faith purchases such new motor vehicle or new engine for purposes other than resale.;
“low-polluting fuel” applies in that section
The term “low-polluting fuel” means methanol, ethanol, propane, or natural gas, or any comparably low-polluting fuel. In determining whether a fuel is comparably low-polluting, the Administrator shall consider both the level of emissions of air pollutants from vehicles using the fuel and the contribution of such emissions to ambient levels of air pollutants. For purposes of this paragraph,
“methanol” applies in that section
the term “methanol” includes any fuel which contains at least 85 percent methanol unless the Administrator increases such percentage as he deems appropriate to protect public health and welfare.
“urban bus” applies in that section
The term “urban bus” has the meaning provided under regulations of the Administrator promulgated under section 7521(a) of this title . (2) Low-polluting fuel
“base gasoline” applies throughout its part
The term “base gasoline” means gasoline which meets the following specifications: Specifications of Base Gasoline Used as Basis for Reactivity Readjustment: API gravity 57.8 Sulfur, ppm 317 Color Purple Benzene, vol. % 1.35 Reid vapor pressure 8.7 Drivability 1195 Antiknock index 87.3 Distillation, D–86 °F IBP 92 10% 126 50% 219 90% 327 EP 414 Hydrocarbon Type, Vol.
“clean alternative fuel” applies throughout its part
The term “clean alternative fuel” means any fuel (including methanol, ethanol, or other alcohols (including any mixture thereof containing 85 percent or more by volume of such alcohol with gasoline or other fuels), reformulated gasoline, diesel, natural gas, liquefied petroleum gas, and hydrogen) or power source (including electricity) used in a clean-fuel vehicle that complies with the standards and requirements applicable to such vehicle under this subchapter when using such fuel or power source. In the case of any flexible fuel vehicle or dual fuel vehicle,
“clean-fuel vehicle” applies in that section
The term “clean-fuel vehicle” means a vehicle in a class or category of vehicles which has been certified to meet for any model year the clean-fuel vehicle standards applicable under this part for that model year to clean-fuel vehicles in that class or category.
“covered fleet” applies in that section
The term “covered fleet” means 10 or more motor vehicles which are owned or operated by a single person. In determining the number of vehicles owned or operated by a single person for purposes of this paragraph, all motor vehicles owned or operated, leased or otherwise controlled by such person, by any person who controls such person, by any person controlled by such person, and by any person under common control with such person shall be treated as owned by such person.
“covered fleet vehicle” applies in that section
The term “covered fleet vehicle” means only a motor vehicle which is— (i) in a vehicle class for which standards are applicable under this part; and (ii) in a covered fleet which is centrally fueled (or capable of being centrally fueled). No vehicle which under normal operations is garaged at a personal residence at night shall be considered to be a vehicle which is capable of being centrally fueled within the meaning of this paragraph. (7) Clean-fuel vehicle
“Administrator” applies throughout its chapter
The term “Administrator” means the Administrator of the Environmental Protection Agency.;
“air pollutant” applies throughout its chapter
The term “air pollutant” means any air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air. Such term includes any precursors to the formation of any air pollutant, to the extent the Administrator has identified such precursor or precursors for the particular purpose for which the term “air pollutant” is used.
“air pollution control agency” applies throughout its chapter
The term “air pollution control agency” means any of the following: (1) A single State agency designated by the Governor of that State as the official State air pollution control agency for purposes of this chapter. (2) An agency established by two or more States and having substantial powers or duties pertaining to the prevention and control of air pollution. (3) A city, county, or other local government health authority, or, in the case of any city, county, or other local government in which there is an agency other than the health authority charged with responsibility for enforcing ordinances or laws relating to the prevention and control of air pollution, such other agency.
“applicable implementation plan” applies throughout its chapter
the term “applicable implementation plan” means the portion (or portions) of the implementation plan, or most recent revision thereof, which has been approved under section 7410 of this title , or promulgated under section 7410(c) of this title , or promulgated or approved pursuant to regulations promulgated under section 7601(d) of this title and which implements the relevant requirements of this chapter. (r) Indian Tribe .—
“CO” applies throughout its chapter
The term “CO” means carbon monoxide. (x) Small Source .—
“CTG” applies throughout its chapter
The term “CTG” means a Control Technique Guideline published by the Administrator under section 7408 of this title . (v) NO x .—
“delayed compliance order” applies throughout its chapter
The term “delayed compliance order” means an order issued by the State or by the Administrator to an existing stationary source, postponing the date required under an applicable implementation plan for compliance by such source with any requirement of such plan.;
“emission limitation” applies throughout its chapter
The terms “emission limitation” and “emission standard” mean a requirement established by the State or the Administrator which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction, and any design, equipment, work practice or operational standard promulgated under this chapter.. 1;
“emission standard” applies throughout its chapter
The terms “emission limitation” and “emission standard” mean a requirement established by the State or the Administrator which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction, and any design, equipment, work practice or operational standard promulgated under this chapter.. 1;
“Federal implementation plan” applies throughout its chapter
The term “Federal implementation plan” means a plan (or portion thereof) promulgated by the Administrator to fill all or a portion of a gap or otherwise correct all or a portion of an inadequacy in a State implementation plan, and which includes enforceable emission limitations or other control measures, means or techniques (including economic incentives, such as marketable permits or auctions of emissions allowances), and provides for attainment of the relevant national ambient air quality standard. (z) Stationary Source .—
“Federal land manager” applies throughout its chapter
The term “Federal land manager” means, with respect to any lands in the United States, the Secretary of the department with authority over such lands. (j) Except as otherwise expressly provided,
“Indian tribe” applies throughout its chapter
The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village, which is Federally recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (s) VOC.—
“interstate air pollution control agency” applies throughout its chapter
The term “interstate air pollution control agency” means— (1) an air pollution control agency established by two or more States, or (2) an air pollution control agency of two or more municipalities located in different States.;
“major emitting facility” applies throughout its chapter
the terms “major stationary source” and “major emitting facility” mean 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 (including any major emitting facility or source of fugitive emissions of any such pollutant, as determined by rule by the Administrator).;
“major stationary source” applies throughout its chapter
the terms “major stationary source” and “major emitting facility” mean 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 (including any major emitting facility or source of fugitive emissions of any such pollutant, as determined by rule by the Administrator).;
“means of emission limitation” applies throughout its chapter
The term “means of emission limitation” means a system of continuous emission reduction (including the use of specific technology or fuels with specified pollution characteristics).;
“municipality” applies throughout its chapter
The term “municipality” means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law.;
“NAAQS” applies throughout its chapter
The term “NAAQS” means national ambient air quality standard.
“NO x” applies throughout its chapter
The term “NO x ” means oxides of nitrogen. (w) CO.—
“person” applies throughout its chapter
The term “person” includes an individual, corporation, partnership, association, State, municipality, political subdivision of a State, and any agency, department, or instrumentality of the United States and any officer, agent, or employee thereof.;
“PM–10” applies throughout its chapter
The term “PM–10” means particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers, as measured by such method as the Administrator may determine. (u) NAAQS and CTG.—
“primary standard attainment date” applies throughout its chapter
The term “primary standard attainment date” means the date specified in the applicable implementation plan for the attainment of a national primary ambient air quality standard for any air pollutant.;
“schedule and timetable of compliance” applies throughout its chapter
The term “schedule and timetable of compliance” means a schedule of required measures including an enforceable sequence of actions or operations leading to compliance with an emission limitation, other limitation, prohibition, or standard. (q) For purposes of this chapter,
“small source” applies throughout its chapter
The term “small source” means a source that emits less than 100 tons of regulated pollutants per year, or any class of persons that the Administrator determines, through regulation, generally lack technical ability or knowledge regarding control of air pollution. (y) Federal Implementation Plan .—
“standard of performance” applies throughout its chapter
The term “standard of performance” means a requirement of continuous emission reduction, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction.;
“State” applies throughout its chapter
The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and includes the Commonwealth of the Northern Mariana Islands.;
“stationary source” applies throughout its chapter
The term “stationary source” means generally any source of an air pollutant except those emissions resulting directly from an internal combustion engine for transportation purposes or from a nonroad engine or nonroad vehicle as defined in section 7550 of this title .
“VOC” applies throughout its chapter
The term “VOC” means volatile organic compound, as defined by the Administrator. (t) PM–10.—
“emission standard or limitation under this chapter” applies in that section
the term “emission standard or limitation under this chapter” means— (1) a schedule or timetable of compliance, emission limitation, standard of performance or emission standard, (2) a control or prohibition respecting a motor vehicle fuel or fuel additive, or 2 (3) any condition or requirement of a permit under part C of subchapter I (relating to significant deterioration of air quality) or part D of subchapter I (relating to nonattainment),, 3 section 7419 of this title (relating to primary nonferrous smelter orders), any condition or requirement under an applicable implementation plan relating to transportation control measures, air quality maintenance plans, vehicle inspection and …
“exceptional event” applies in that section
The term “exceptional event” means an event that— (i) affects air quality; (ii) is not reasonably controllable or preventable; (iii) is an event caused by human activity that is unlikely to recur at a particular location or a natural event; and (iv) is determined by the Administrator through the process established in the regulations promulgated under paragraph (2) to be an exceptional event. (B) Exclusions In this subsection, the term “exceptional event” does not include— (i) stagnation of air masses or meteorological inversions; (ii) a meteorological event involving high temperatures or lack of precipitation; or (iii) air pollution relating to source noncompliance.
“corresponding onshore area” applies in that section
The term “corresponding onshore area” means, with respect to any OCS source, the onshore attainment or nonattainment area that is closest to the source, unless the Administrator determines that another area with more stringent requirements with respect to the control and abatement of air pollution may reasonably be expected to be affected by such emissions.
“existing OCS source” applies in that section
The term “existing OCS source” means any OCS source other than a new OCS source. (b) Requirements for other offshore areas For portions of the United States Outer Continental Shelf that are adjacent to the States not covered by subsection (a) which are Texas, Louisiana, Mississippi, and Alabama or are adjacent to the North Slope Borough of the State of Alaska, the Secretary shall consult with the Administrator to assure coordination of air pollution control regulation for Outer Continental Shelf emissions and emissions in adjacent onshore areas.
“new OCS source” applies in that section
The term “new OCS source” means an OCS source which is a new source within the meaning of section 7411(a) of this title .
“OCS source” applies in that section
The terms “Outer Continental Shelf source” and “OCS source” include any equipment, activity, or facility which— (i) emits or has the potential to emit any air pollutant, (ii) is regulated or authorized under the Outer Continental Shelf Lands Act [ 43 U.S.C. 1331 et seq.], and (iii) is located on the Outer Continental Shelf or in or on waters above the Outer Continental Shelf. Such activities include, but are not limited to, platform and drill ship exploration, construction, development, production, processing, and transportation.
“Outer Continental Shelf” applies in that section
The term “Outer Continental Shelf” has the meaning provided by section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 ). (B) Corresponding onshore area
“Outer Continental Shelf source” applies in that section
The terms “Outer Continental Shelf source” and “OCS source” include any equipment, activity, or facility which— (i) emits or has the potential to emit any air pollutant, (ii) is regulated or authorized under the Outer Continental Shelf Lands Act [ 43 U.S.C. 1331 et seq.], and (iii) is located on the Outer Continental Shelf or in or on waters above the Outer Continental Shelf. Such activities include, but are not limited to, platform and drill ship exploration, construction, development, production, processing, and transportation.
“actual 1985 emission rate” applies throughout its subchapter
the term “actual 1985 emission rate” means the annual sulfur dioxide or nitrogen oxides emission rate in pounds per million Btu as reported in the NAPAP Emission Inventory, Version 2. (17);
“affected source” applies throughout its subchapter
The term “affected source” means a source that includes one or more affected units.;
“affected unit” applies throughout its subchapter
The term “affected unit” means a unit that is subject to emission reduction requirements or limitations under this subchapter.;
“allowable 1985 emissions rate” applies throughout its subchapter
The term “allowable 1985 emissions rate” means a federally enforceable emissions limitation for sulfur dioxide or oxides of nitrogen, applicable to the unit in 1985 or the limitation applicable in such other subsequent year as determined by the Administrator if such a limitation for 1985 does not exist. Where the emissions limitation for a unit is not expressed in pounds of emissions per million Btu, or the averaging period of that emissions limitation is not expressed on an annual basis, the Administrator shall calculate the annual equivalent of that emissions limitation in pounds per million Btu to establish the allowable 1985 emissions rate.;
“allowance” applies throughout its subchapter
The term “allowance” means an authorization, allocated to an affected unit by the Administrator under this subchapter, to emit, during or after a specified calendar year, one ton of sulfur dioxide.;
“alternative method of compliance” applies throughout its subchapter
The term “alternative method of compliance” means a method of compliance in accordance with one or more of the following authorities: (A) a substitution plan submitted and approved in accordance with subsections 4 7651c(b) and (c) of this title; (B) a Phase I extension plan approved by the Administrator under section 7651c(d) of this title , using qualifying phase I technology as determined by the Administrator in accordance with that section; or (C) repowering with a qualifying clean coal technology under section 7651h of this title .
“baseline” applies throughout its subchapter
The term “baseline” means the annual quantity of fossil fuel consumed by an affected unit, measured in millions of British Thermal Units (“mmBtu’s”), calculated as follows: (A) For each utility unit that was in commercial operation prior to January 1, 1985 , the baseline shall be the annual average quantity of mmBtu’s consumed in fuel during calendar years 1985, 1986, and 1987, as recorded by the Department of Energy pursuant to Form 767.
“basic Phase II allowance allocations” applies in that section
The term “basic Phase II allowance allocations” means: (A) For calendar years 2000 through 2009 inclusive, allocations of allowances made by the Administrator pursuant to section 7651b of this title and subsections (b)(1), (3), and (4); (c)(1), (2), (3), and (5); (d)(1), (2), (4), and (5); (e); (f); (g)(1), (2), (3), (4), and (5); (h)(1); (i) and (j) of section 7651d of this title .