r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE wiki — defined terms
The statute’s own glossary: every term Title 42 defines, in section order.
“agency” applies throughout its part
the term “agency” has the meaning given it in section 551(1) of title 5 ;
“cogeneration facilities” applies throughout its part
the term “cogeneration facilities” has the same meaning given such term in section 796(18)(A) of title 16 ;
“construction” applies throughout its part
the term “construction” means new construction or substantial rehabilitation of existing structures;
“energy conservation measures” applies throughout its part
the term “energy conservation measures” means measures that are applied to a Federal building that improve energy efficiency and are life cycle cost effective and that involve energy conservation, cogeneration facilities, renewable energy sources, improvements in operations and maintenance efficiencies, retrofit activities, or energy consuming devices and required support structures;
“energy survey” applies throughout its part
the term “energy survey” means a procedure used to determine energy and cost savings likely to result from the use of appropriate energy related maintenance and operating procedures and modifications, including the purchase and installation of particular energy-related equipment and the use of renewable energy sources;
“Federal building” applies throughout its part
the term “Federal building” means any building, structure, or facility, or part thereof, including the associated energy consuming support systems, which is constructed, renovated, leased, or purchased in whole or in part for use by the Federal Government and which consumes energy; such term also means a collection of such buildings, structures, or facilities and the energy consuming support systems for such collection;
“life cycle cost” applies throughout its part
the term “life cycle cost” means the total costs of owning, operating, and maintaining a building over its useful life (including such costs as fuel, energy, labor, and replacement components) determined on the basis of a systematic evaluation and comparison of alternative building systems, except that in the case of leased buildings, the life cycle costs shall be calculated over the effective remaining term of the lease;
“renewable energy sources” applies throughout its part
the term “renewable energy sources” includes, but is not limited to, sources such as agriculture and urban waste, geothermal energy, solar energy, and wind energy; and;
“Secretary” applies throughout its part
the term “Secretary” means the Secretary of Energy.
“agency” applies in that section
The term “agency” has the meaning given that term in section 7902(a) of title 5 . (2) Energy Star product
“eligible product” applies in that section
the term “eligible product” means a commercially available, off-the-shelf product that— (A) (i) uses external standby power devices; or (ii) contains an internal standby power function; and (B) is included on the list compiled under paragraph (4).
“Energy Star product” applies in that section
The term “Energy Star product” means a product that is rated for energy efficiency under an Energy Star program. (3) Energy Star program
“Energy Star program” applies in that section
The term “Energy Star program” means the program established by section 6294a of this title . (4) FEMP designated product
“FEMP designated product” applies in that section
The term “FEMP designated product” means a product that is designated under the Federal Energy Management Program of the Department of Energy as being among the highest 25 percent of equivalent products for energy efficiency. (5) Product The term “product” does not include any energy consuming product or system designed or procured for combat or combat-related missions.
“agency” applies in that section
the term “agency” means 2 has the meaning given such term in section 551(1) of title 5 , except that such term does not include the United States Postal Service;
“energy conservation measures” applies in that section
the term “energy conservation measures” has the meaning given such term in section 8259(4) of this title .
“facility energy supervisor” applies in that section
the term “facility energy supervisor” means the employee with responsibility for the daily operations of a Federal facility, including the management, installation, operation, and maintenance of energy systems in Federal facilities which may include more than one building;
“Task Force” applies in that section
the term “Task Force” means the Interagency Energy Management Task Force established under section 8257 of this title ; and;
“trained energy manager” applies in that section
the term “trained energy manager” means a person who has demonstrated proficiency, or who has completed a course of study in the areas of fundamentals of building energy systems, building energy codes and applicable professional standards, energy accounting and analysis, life-cycle cost methodology, fuel supply and pricing, and instrumentation for energy surveys and audits;
“Federal facility” applies throughout its part
The term “Federal facility” means any building, structure, or fixture or part thereof which is owned by the United States or any Federal agency or which is held by the United States or any Federal agency under a lease-acquisition agreement under which the United States or a Federal agency will receive fee simple title under the terms of such agreement without further negotiation. Such term also applies to facilities related to programs administered by Federal agencies.;
“Secretary” applies throughout its part
The term “Secretary” means the Secretary of Energy.
“energy audit” applies throughout its subchapter
the term “energy audit” means an inspection as described in section 8216(b)(1)(A) 1 of this title, or an energy audit as defined in section 8281(b)(7) 1 of this title, which in addition may provide information on the utilization of renewable resources and may make energy-related improvements in the building; and;
“Governor” applies throughout its subchapter
the term “Governor” means the chief executive officer of each State, including the Mayor of the District of Columbia;
“Secretary” applies throughout its subchapter
the term “Secretary” means the Secretary of Energy.
“State” applies throughout its subchapter
the term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands;
“energy or water conservation measure” applies throughout its subchapter
The term “energy or water conservation measure” means— (A) an energy conservation measure, as defined in section 8259 of this title ; or (B) a water conservation measure that improves the efficiency of water use, is life-cycle cost-effective, and involves water conservation, water recycling or reuse, more efficient treatment of wastewater or stormwater, improvements in operation or maintenance efficiencies, retrofit activities, or other related activities, not at a Federal hydroelectric facility.
“energy savings” applies throughout its subchapter
The term “energy savings” means— (A) a reduction in the cost of energy, water, or wastewater treatment, from a base cost established through a methodology set forth in the contract, used in an existing Federal building (as defined in section 8259 of this title ) as a result of— (i) the lease or purchase of operating equipment, improvements, altered operation and maintenance, or technical services; (ii) the increased efficient use of existing energy sources by cogeneration or heat recovery, excluding any cogeneration process for other than a Federal building (as defined in section 8259 of this title ); or (iii) the increased efficient use of existing water sources in either interior or …
“energy savings contract” applies throughout its subchapter
The terms “energy savings contract” and “energy savings performance contract” mean a contract that provides for the performance of services for the design, acquisition, installation, testing, and, where appropriate, operation, maintenance, and repair, of an identified energy or water conservation measure or series of measures at 1 or more locations. Such contracts shall, with respect to an agency facility that is a public building (as such term is defined in section 3301 of title 40 ), be in compliance with the prospectus requirements and procedures of section 3307 of title 40 .;
“energy savings performance contract” applies throughout its subchapter
The terms “energy savings contract” and “energy savings performance contract” mean a contract that provides for the performance of services for the design, acquisition, installation, testing, and, where appropriate, operation, maintenance, and repair, of an identified energy or water conservation measure or series of measures at 1 or more locations. Such contracts shall, with respect to an agency facility that is a public building (as such term is defined in section 3301 of title 40 ), be in compliance with the prospectus requirements and procedures of section 3307 of title 40 .;
“Federal agency” applies throughout its subchapter
The term “Federal agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency.;
“air pollution control agency” applies in that section
The term “air pollution control agency” has the same meaning as given such term by section 302(b) of the Clean Air Act [ 42 U.S.C. 7602(b) ].;
“alternate fuel” applies throughout its chapter
The term “alternate fuel” means electricity or any fuel, other than natural gas or petroleum, and includes— (A) petroleum coke, shale oil, uranium, biomass, and municipal, industrial, or agricultural wastes, wood, and renewable and geothermal energy sources; (B) liquid, solid, or gaseous waste byproducts of refinery or industrial operations which are commercially unmarketable, either by reason of quality or quantity, as determined under rules prescribed by the Secretary; and (C) waste gases from industrial operations. (7);
“applicable environmental requirements” applies throughout its chapter
The term “applicable environmental requirements” includes— (A) any standard, limitation, or other requirement established by or pursuant to Federal or State law (including any final order of any Federal or State court) applicable to emissions of environmental pollutants (including air and water pollutants) or disposal of solid waste residues resulting from the use of coal or other alternate fuels or natural gas or petroleum as a primary energy source or from the operation of pollution control equipment in connection with such use, taking into account any variance of law granted or issued in accordance with Federal law or in accordance with State law to the extent consistent with Federal …
“base load powerplant” applies throughout its chapter
The term “base load powerplant” means a powerplant the electrical generation of which in kilowatt hours exceeds, for any 12-calendar-month period, such powerplant’s design capacity multiplied by 3,500 hours. (D) Not later than 90 days after November 9, 1978 , the Federal Energy Regulatory Commission shall prescribe rules under which a powerplant’s design capacity may be determined for purposes of this paragraph. (19) the 1
“Btu” applies in that section
The term “Btu” means British thermal unit.;
“coal” applies throughout its chapter
The term “coal” means anthracite and bituminous coal, lignite, and any fuel derivative thereof.;
“cogeneration facility” applies in that section
term “cogeneration facility” means an electric powerplant which produces— (A) electric power; and (B) any other form of useful energy (such as steam, gas, or heat) which is, or will be, used for industrial, commercial, or space heating purposes. (20) The term “cost”, unless the context indicates otherwise, means total costs (both operating and capital) incurred over the estimated remaining useful life of an electric powerplant, discounted to present value, as determined by the Secretary (in the case of powerplants, in consultation with the State regulatory authorities).
“construction” applies throughout its chapter
The term “construction” means substantial onsite construction or reconstruction, as defined by rule by the Secretary.;
“construction or acquisition began” applies throughout its chapter
The term “construction or acquisition began” means, when used with reference to a certain date, that— (A) construction in accordance with final drawings or equivalent design documents (as defined by the Secretary, by rule) began on or after that date; or (B) (i) construction or acquisition had been contracted for on or after that date, or (ii) if the construction or acquisition had been contracted for before such date, such construction or acquisition could be canceled, rescheduled, or modified to comply with the applicable requirements of this chapter— (I) without imposing substantial financial penalty, as determined under rules prescribed by the Secretary; and (II) in the case of a …
“electric powerplant” applies throughout its chapter
The terms “electric powerplant” and “powerplant” mean any stationary electric generating unit, consisting of a boiler, a gas turbine, or a combined cycle unit, which produces electric power for purposes of sale or exchange and— (i) has the design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 100 million Btu’s per hour or greater; or (ii) is in a combination of two or more electric generating units which are located at the same site and which in the aggregate have a design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 250 million Btu’s per hour or greater.
“electric utility” applies in that section
The term “electric utility” means any person, including any affiliate, or Federal agency which sells electric power. (24) The term “affiliate”, when used in relation to a person, means another person which controls, is controlled by, or is under common control with, such person.;
“existing electric powerplant” applies throughout its chapter
The term “existing electric powerplant” means any electric powerplant other than a new electric powerplant. (B) Any powerplant treated under this chapter as an existing electric powerplant shall not be treated thereafter as a new electric powerplant merely by reason of a transfer of ownership. (10);
“existing major fuel-burning installation” applies throughout its chapter
The term “existing major fuel-burning installation” means any installation which is not a new major fuel-burning installation. (B) Such term does not include a major fuel-burning installation for the extraction of mineral resources located— (i) on or above the Continental Shelf of the United States, or (ii) on wetlands areas adjacent to the Continental Shelf of the United States, where coal storage is not practicable or would produce adverse effects on environmental quality. (C) Any installation treated as an existing major fuel-burning installation shall not be treated thereafter as a new major fuel-burning installation merely by reason of a transfer of ownership.;
“Federal agency” applies in that section
The term “Federal agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include— (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; and (D) the government of the District of Columbia.;
“fluidized bed combustion” applies in that section
The term “fluidized bed combustion” means combustion of fuel in connection with a bed of inert material, such as limestone or dolomite, which is held in a fluid-like state by the means of air or other gases being passed through such materials.
“installation” applies throughout its chapter
The terms “major fuel-burning installation” and “installation” means a stationary unit consisting of a boiler, gas turbine unit, combined cycle unit, or internal combustion engine which— (i) has a design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 100 million Btu’s per hour or greater; or (ii) is in a combination of two or more such units which are located at the same site and which in the aggregate have a design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 250 million Btu’s per hour or greater.
“intermediate load powerplant” applies throughout its chapter
The term “intermediate load powerplant” means a powerplant (other than a peakload powerplant), the electrical generation of which in kilowatt hours does not exceed, for any 12-calendar-month period, such powerplant’s design capacity multiplied by 3,500 hours.;
“major fuel-burning installation” applies throughout its chapter
The terms “major fuel-burning installation” and “installation” means a stationary unit consisting of a boiler, gas turbine unit, combined cycle unit, or internal combustion engine which— (i) has a design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 100 million Btu’s per hour or greater; or (ii) is in a combination of two or more such units which are located at the same site and which in the aggregate have a design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 250 million Btu’s per hour or greater.
“Mcf” applies in that section
the term “Mcf” means, when used in relation to natural gas, 1,000 cubic feet of natural gas. (28) The term “mixture”, when used in relation to fuels used in a unit, means a mixture of such fuels or a combination of such fuels used simultaneously or alternately in such unit.;
“natural gas” applies throughout its chapter
the term “natural gas” means any fuel consisting in whole or in part of— (i) natural gas; (ii) liquid petroleum gas; (iii) synthetic gas derived from petroleum or natural gas liquids; or (iv) any mixture of natural gas and synthetic gas.
“new electric powerplant” applies throughout its chapter
The term “new electric powerplant” means— (A) any electric powerplant for which construction or acquisition began on a date on or after November 9, 1978 ; and (B) any electric powerplant for which construction or acquisition began on a date after April 20, 1977 , and before November 9, 1978 , unless the Secretary finds the construction or acquisition of such powerplant could not be canceled, rescheduled, or modified to comply with the applicable requirements of this chapter without— (i) adversely affecting electric system reliability (as determined by the Secretary after consultation with the Federal Energy Regulatory Commission and the appropriate State authority), or (ii) imposing …
“new major fuel-burning installation” applies throughout its chapter
The term “new major fuel-burning installation” means— (A) any major fuel-burning installation on which construction or acquisition began on a date on or after November 9, 1978 ; and (B) any major fuel-burning installation on which construction or acquisition began on a date after April 20, 1977 , and before November 9, 1978 , unless the Secretary finds the construction or acquisition of such installation could not be canceled, rescheduled, or modified to comply with applicable requirements of this chapter without— (i) incurring significant operational detriment of the unit (as determined by the Secretary); or (ii) imposing substantial financial penalty (as determined under rules prescribed …
“peakload powerplant” applies throughout its chapter
The term “peakload powerplant” means a powerplant the electrical generation of which in kilowatt hours does not exceed, for any 12-calendar-month period, such powerplant’s design capacity multiplied by 1,500 hours.;
“person” applies throughout its chapter
The term “person” means any (A) individual, corporation, company, partnership, association, firm, institution, society, trust, joint venture, or joint stock company, (B) any State, the District of Columbia, Puerto Rico, and any territory or possession of the United States, or (C) any agency or instrumentality (including any municipality) thereof. (3) (A) Except as provided in subparagraph (B),
“petroleum” applies throughout its chapter
The term “petroleum” means crude oil and products derived from crude oil, other than— (A) synthetic gas derived from crude oil; (B) liquid petroleum gas; (C) liquid, solid, or gaseous waste byproducts of refinery operations which are commercially unmarketable, either by reason of quality or quantity, as determined under rules prescribed by the Secretary; or (D) petroleum coke or waste gases from industrial operations.;
“pipeline” applies in that section
the term “pipeline” means any interstate or intrastate pipeline or local distribution company.
“powerplant” applies throughout its chapter
The terms “electric powerplant” and “powerplant” mean any stationary electric generating unit, consisting of a boiler, a gas turbine, or a combined cycle unit, which produces electric power for purposes of sale or exchange and— (i) has the design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 100 million Btu’s per hour or greater; or (ii) is in a combination of two or more electric generating units which are located at the same site and which in the aggregate have a design capability of consuming any fuel (or mixture thereof) at a fuel heat input rate of 250 million Btu’s per hour or greater.
“primary energy source” applies throughout its chapter
The term “primary energy source” means the fuel or fuels used by any existing or new electric powerplant, except it does not include, as determined under rules prescribed by the Secretary— (A) the minimum amounts of fuel required for unit ignition, startup, testing, flame stabilization, and control uses, and (B) the minimum amounts of fuel required to alleviate or prevent (i) unanticipated equipment outages and (ii) emergencies directly affecting the public health, safety, or welfare which would result from electric power outages.;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Energy.;
“site limitation” applies throughout its chapter
The term “site limitation” means, when used with respect to any powerplant, any specific physical limitation associated with a particular site which relates to the use of coal or other alternate fuels as a primary energy source for such powerplant, such as— (A) inaccessibility to coal or other alternate fuels; (B) lack of transportation facilities for coal or other alternate fuels; (C) lack of adequate land or facilities for the handling, use, and storage of coal or other alternate fuels; (D) lack of adequate land or facilities for the control or disposal of wastes from such powerplant, including lack of pollution control equipment or devices necessary to assure compliance with applicable …
“State regulatory authority” applies in that section
The term “State regulatory authority” means any State agency which has ratemaking authority with respect to the sale of electricity by any State regulated electric utility.;
“coal” applies in that section
the term “coal” means anthracite and bituminous coal and lignite (but does not mean any fuel derivative thereof). (b) Emergency prohibition on use of natural gas or petroleum If the President declares a severe energy supply interruption, as defined in section 6202(8) of this title , the President may, by order, prohibit any electric powerplant or major fuel-burning installation from using natural gas or petroleum, or both, as a primary energy source for the duration of such interruption.
“coal or uranium development activities” applies in that section
The term “coal or uranium development activities” means the production, processing, or transportation of coal or uranium.;
“site development” applies in that section
The term “site development” means necessary off-site improvements, such as the construction of sewer and water connections, construction of access roads, and appropriate site restoration, but does not include any portion of the construction of housing or public facilities. (f) Reports Any person regularly engaged in any coal or uranium development activity within an area designated and approved under subsection (a) shall prepare and transmit a report to the Secretary of Energy within 90 days after a written request to such person by the Governor of the State in which such area is located.
“local government” applies in that section
the term “local government” shall include— (1) any county, parish, city, town, township, village or other general purpose political subdivision of a State with the power to levy taxes and expend Federal, State, and local funds and exercise governmental powers; and (2) which (in whole or in part) is located in, or has authority over the energy impacted area: Provided further , That such term shall include a public or private nonprofit corporation, or a school, water, sewer, highway, or other public special purpose district, authority, or body, with the concurrence of the Governor: Provided further , That such term shall be applicable to all applications for assistance received since the …
“certified pollution control device” applies in that section
The term “certified pollution control device” means a new identifiable device which— (A) is used, in connection with a powerplant, to abate or control atmospheric pollution by removing, altering, disposing, storing, or preventing the emission of pollutants; (B) the appropriate State air pollution control agency has certified to the Administrator of the Environmental Protection Agency that such device is needed to meet, and is in conformity with, State requirements for abatement or control of atmospheric pollution or contamination; (C) the Administrator of the Environmental Protection Agency has certified to the Secretary as not duplicating or displacing existing air pollution control …
“small municipal or rural cooperative electric powerplant” applies in that section
The term “small municipal or rural cooperative electric powerplant” means an electric generating unit, which— (A) by design is not capable of consuming fuel at a fuel heat input rate in excess of a rate determined appropriate by the Secretary by rule; and (B) is owned or operated by a municipality or a rural electric cooperative.
“Commission” applies in that section
The term “Commission” means the Federal Energy Regulatory Commission. (7) The term “contract”, when used with respect to a contract for receipt of natural gas, which contract was in existence on April 20, 1977 , does not include any renewal or extension occurring after such date unless such renewal or extension occurs pursuant to the exercise of an option by the person receiving natural gas under such contract. (f) Coordination with Natural Gas Act (1) Consideration paid by any interstate pipeline pursuant to this section shall be deemed just and reasonable for purposes of sections 4, 5, and 7 of the Natural Gas Act [ 15 U.S.C. 717c , 717d, 717f].
“interstate pipeline” applies in that section
The term “interstate pipeline” means any person engaged in the transportation of natural gas in interstate commerce subject to the jurisdiction of the Commission under the Natural Gas Act [ 15 U.S.C. 717 et seq.].;
“State” applies in that section
The term “State” means each of the several States, the District of Columbia, Puerto Rico, any territory or possession of the United States, and any political subdivision of any of the foregoing.;
“Governor” applies throughout its chapter
The term “Governor” means the chief executive officer of a State.;
“international energy program” applies throughout its chapter
The term “international energy program” has the meaning given that term in section 6202(7) of this title .;
“motor fuel” applies throughout its chapter
The term “motor fuel” means gasoline and diesel fuel.;
“person” applies throughout its chapter
The term “person” includes (A) any individual, (B) any corporation, company, association, firm, partnership, society, trust, joint venture, or joint stock company, and (C) the government or any agency of the United States or any State or political subdivision thereof.;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Energy.;
“State” applies throughout its chapter
The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.
“vehicle” applies throughout its chapter
The term “vehicle” means any vehicle propelled by motor fuel and manufactured primarily for use on public streets, roads, and highways.;
“State base period consumption” applies in that section
the term “State base period consumption” means, for any month, the product of the following factors, as determined by the President: (i) the consumption of the energy source for which a target is established during the corresponding month in the 12-month period prior to the first month for which the target is established; and (ii) a growth adjustment factor, which shall be determined on the basis of the trends in the use in that State of such energy source during the 36-month period prior to the first month for which the target is established.
“odd-even fuel purchase plan” applies in that section
the term “odd-even fuel purchase plan” means any motor fuel sales restriction under which a person may purchase motor fuel for use in any vehicle only on days (or other periods of time) determined on the basis of a number or letter appearing on the license plate of that vehicle (or on any similar basis).
“middle distillate” applies in that section
the term “middle distillate” has the same meaning as given that term in section 211.51 of title 10, Code of Federal Regulations, as in effect on November 5, 1979 . (b) Report Before December 31, 1979 , the President shall submit a report to Congress in which the President shall examine the middle distillate situation, summarizing the data, information, and analyses described in subsection (a) and discussing in detail matters required to be addressed in findings made pursuant to section 760a(d)(1) 1 of title 15.
“emergency” applies throughout its subchapter
The term “emergency” means— (A) a natural disaster; (B) a significant home energy supply shortage or disruption; (C) a significant increase in the cost of home energy, as determined by the Secretary; (D) a significant increase in home energy disconnections reported by a utility, a State regulatory agency, or another agency with necessary data; (E) a significant increase in participation in a public benefit program such as the supplemental nutrition assistance program carried out under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.), the national program to provide supplemental security income carried out under title XVI of the Social Security Act ( 42 U.S.C.
“energy burden” applies throughout its subchapter
The term “energy burden” means the expenditures of the household for home energy divided by the income of the household.;
“energy crisis” applies throughout its subchapter
The term “energy crisis” means weather-related and supply shortage emergencies and other household energy-related emergencies.;
“highest home energy needs” applies throughout its subchapter
The term “highest home energy needs” means the home energy requirements of a household determined by taking into account both the energy burden of such household and the unique situation of such household that results from having members of vulnerable populations, including very young children, individuals with disabilities, and frail older individuals.;
“home energy” applies throughout its subchapter
The term “home energy” means a source of heating or cooling in residential dwellings.;
“household” applies throughout its subchapter
The term “household” means any individual or group of individuals who are living together as one economic unit for whom residential energy is customarily purchased in common or who make undesignated payments for energy in the form of rent.;
“natural disaster” applies throughout its subchapter
The term “natural disaster” means a weather event (relating to cold or hot weather), flood, earthquake, tornado, hurricane, or ice storm, or an event meeting such other criteria as the Secretary, in the discretion of the Secretary, may determine to be appropriate.;
“poverty level” applies throughout its subchapter
The term “poverty level” means, with respect to a household in any State, the income poverty line as prescribed and revised at least annually pursuant to section 9902(2) of this title , as applicable to such State.;
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of Health and Human Services.;
“State” applies throughout its subchapter
The term “State” means each of the several States and the District of Columbia.;
“State median income” applies throughout its subchapter
The term “State median income” means the State median income promulgated by the Secretary in accordance with procedures established under section 1397a(a)(6) of this title (as such procedures were in effect on August 12, 1981 ) and adjusted, in accordance with regulations prescribed by the Secretary, to take into account the number of individuals in the household.
“leveraged resources” applies in that section
the term “leveraged resources” means the benefits made available to the low-income home energy assistance program of the State, or to federally qualified low-income households, that— (1) represent a net addition to the total energy resources available to State and federally qualified households in excess of the amount of such resources that could be acquired by such households through the purchase of energy at commonly available household rates; and (2) (A) result from the acquisition or development by the State program of quantifiable benefits that are obtained from energy vendors through negotiation, regulation or competitive bid; or (B) are appropriated or mandated by the State for …
“alcohol” applies throughout its chapter
The term “alcohol” means alcohol (including methanol and ethanol) which is produced from biomass and which is suitable for use by itself or in combination with other substances as a fuel or as a substitute for petroleum or petrochemical feedstocks. (2);
“biomass” applies throughout its chapter
The term “biomass” means any organic matter which is available on a renewable basis, including agricultural crops and agricultural wastes and residues, wood and wood wastes and residues, animal wastes, municipal wastes, and aquatic plants. (B) For purposes of subchapter I, such term does not include municipal wastes; and for purposes of subchapter III, such term does not include aquatic plants and municipal wastes.;
“biomass energy” applies throughout its chapter
The term “biomass energy” means— (A) biomass fuel; or (B) energy or steam derived from the direct combustion of biomass for the generation of electricity, mechanical power, or industrial process heat.;
“biomass energy project” applies throughout its chapter
The term “biomass energy project” means any facility (or portion of a facility) located in the United States which is primarily for— (A) the production of biomass fuel (and byproducts); or (B) the combustion of biomass for the purpose of generating industrial process heat, mechanical power, or electricity (including cogeneration).;
“biomass fuel” applies throughout its chapter
The term “biomass fuel” means any gaseous, liquid, or solid fuel produced by conversion of biomass.;
“Btu” applies throughout its chapter
The term “Btu” means British thermal unit.;
“cogeneration” applies throughout its chapter
The term “cogeneration” means the combined generation by any facility of— (A) electrical or mechanical power, and (B) steam or forms of useful energy (such as heat) which are used for industrial, commercial, heating, or cooling purposes.;
“construction” applies throughout its chapter
The term “construction” means— (i) the construction or acquisition of any biomass energy project; (ii) the conversion of any facility to a biomass energy project; or (iii) the expansion or improvement of any biomass energy project which increases the capacity or efficiency of that facility to produce biomass energy. (B) Such term includes— (i) the acquisition of equipment and machinery for use in or at the site of a biomass energy project; and (ii) the acquisition of land and improvements thereon for the construction, expansion, or improvement of such a project, or the conversion of a facility to such a project.
“cooperative” applies throughout its chapter
The term “cooperative” means any agricultural association, as that term is defined in section 1141j(a) of title 12 . (9);
“Federal agency” applies throughout its chapter
The term “Federal agency” means any Executive agency, as defined in section 105 of title 5 . (11);
“financial assistance” applies throughout its chapter
The term “financial assistance” means any of the following forms of financial assistance provided under this chapter, or any combination of such forms: (i) loans, (ii) loan guarantees, (iii) price guarantees, and (iv) purchase agreements. (B) Such term includes any commitment to provide such assistance.;
“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 or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 et seq.] which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.;
“motor fuel” applies throughout its chapter
The term “motor fuel” means gasoline, kerosene, and middle distillates (including diesel fuel). (14);
“municipal waste” applies throughout its chapter
The term “municipal waste” means any organic matter, including sewage, sewage sludge, and industrial or commercial waste, and mixtures of such matter and inorganic refuse— (i) from any publicly or privately operated municipal waste collection or similar disposal system, or (ii) from similar waste flows (other than such flows which constitute agricultural wastes or residues, or wood wastes or residues from wood harvesting activities or production of forest products). (B) Such term does not include any hazardous waste, as determined by the Secretary of Energy for purposes of this chapter. (15);
“municipal waste energy project” applies throughout its chapter
The term “municipal waste energy project” means any facility (or portion of a facility) located in the United States primarily for— (i) the production of biomass fuel (and byproducts) from municipal waste; or (ii) the combustion of municipal waste for the purpose of generating steam or forms of useful energy, including industrial process heat, mechanical power, or electricity (including cogeneration). (B) Such term includes any necessary transportation, preparation, and disposal equipment and machinery for use in or at the site of the facility involved.;
“Office of Alcohol Fuels” applies throughout its chapter
The term “Office of Alcohol Fuels” means the Office of Alcohol Fuels established under section 8820 of this title .;
“person” applies throughout its chapter
The term “person” means any individual, company, cooperative, partnership, corporation, association, consortium, unincorporated organization, trust, estate, or any entity organized for a common business purpose, any State or local government (including any special purpose district or similar governmental unit) or any agency or instrumentality thereof, or any Indian tribe or tribal organization.;
“small scale biomass energy project” applies throughout its chapter
The term “small scale biomass energy project” means a biomass energy project with an anticipated annual production capacity of not more than 1,000,000 gallons of ethanol per year, or its energy equivalent of other forms of biomass energy.
“State” applies throughout its chapter
The term “State” means any of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.;
“insured loan” applies in that section
the term “insured loan” means a loan which is made, sold, and insured. (d) Preconditions An insured loan may not be made under this section unless the applicant for such loan has established to the satisfaction of the Secretary that the applicant is unable without such a loan to obtain sufficient credit elsewhere at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms for loans for similar purposes and periods of time, to finance the construction of the biomass energy project for which such loan is sought.
“cost of the fuel displaced” applies in that section
The term “cost of the fuel displaced” means the cost of the fuel (per million Btu’s) which the purchaser of biomass energy would have purchased if the biomass energy had not been available for sale to that purchaser. (6) Any biomass energy produced by a municipal waste energy project which may be retained for use by the owner or operator of such project shall be considered to be sold at such price as the Secretary of Energy determines. (7) Not later than 90 days after June 30, 1980 , the Secretary of Energy shall prescribe, by rule, the manner of determining the fuel displaced by the sale of any biomass energy, and the price of the fuel displaced.
“existing municipal waste energy project” applies in that section
The term “existing municipal waste energy project” means any municipal waste energy project which is not a new municipal waste project.;
“new municipal waste energy project” applies in that section
The term “new municipal waste energy project” means any municipal waste energy project which— (A) is initially placed in service after June 30, 1980 ; or (B) if initially placed in service before June 30, 1980 , has an increased capacity by reason of additional construction, and as such is placed in service after such date.;
“placed in service” applies in that section
The term “placed in service” means operated at more than 50 percent of the estimated operational capacity. (4) (A) Except as provided in subparagraphs (B) and (C),
“standard support price” applies in that section
the term “standard support price” means the average price (per million Btu’s) for No. 6 fuel oil imported into the United States on June 30, 1980 , as determined, by rule, by the Secretary of Energy not later than 90 days after June 30, 1980 . (B) In any case in which the fuel displaced is No. 6 fuel oil or any higher grade of petroleum (as determined by the Secretary of Energy),
“acid precipitation” applies throughout its subchapter
the term “acid precipitation” means the wet or dry deposition from the atmosphere of acid chemical compounds.
“provision of this chapter” applies in that section
the term “provisions of this chapter” or “provision of this chapter” includes any rule, regulation, or order issued pursuant to this chapter and any term or condition of any license issued pursuant to this chapter.
“provisions of this chapter” applies in that section
the term “provisions of this chapter” or “provision of this chapter” includes any rule, regulation, or order issued pursuant to this chapter and any term or condition of any license issued pursuant to this chapter.
“vessel” applies in that section
the term “vessel” includes an ocean thermal energy conversion facility or plantship, and
“conventional energy source” applies throughout its chapter
the term “conventional energy source” means energy produced from oil, gas, coal, and nuclear fuels; and;
“known wind resource” applies throughout its chapter
the term “known wind resource” means a site with an estimated average annual wind velocity of at least twelve miles per hour;
“large wind energy system” applies throughout its chapter
the term “large wind energy system” means a wind energy system which is not a small wind energy system;
“public and private entity” applies throughout its chapter
the term “public and private entity” means any individual, corporation, partnership, firm, association, agricultural cooperative, public- or investor-owned utility, public or private institution or group, any State or local government agency, or any other domestic entity;
“Secretary” applies throughout its chapter
the term “Secretary” means the Secretary of Energy.
“small wind energy system” applies throughout its chapter
the term “small wind energy system” means a wind energy system having a maximum rated capacity of one hundred kilowatts or less;
“wind energy system” applies throughout its chapter
the term “wind energy system” means a system of components which converts the kinetic energy of the wind into electricity or mechanical power, and which comprises all necessary components, including energy storage, power conditioning, control systems, and transmission systems, where appropriate, to provide electricity or mechanical power for individual, residential, agricultural, commercial, industrial, utility, or governmental use;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Health and Human Services.;
“State” applies throughout its chapter
The term “State” includes (in addition to the fifty States) the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands. (3) The term “nonprofit”, as applied to any entity, means an entity which is owned and operated by one or more corporations or associations no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or person.
“sex offense” applies in that section
the term “sex offense” includes statutory and attempted rape and any other criminal sexual assault (whether homosexual or heterosexual) which involves force or the threat of force.
“act of God” applies throughout its subchapter
The term “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.;
“Administrator” applies throughout its subchapter
The term “Administrator” means the Administrator of the United States Environmental Protection Agency.;
“alternative water supplies” applies throughout its chapter
The term “alternative water supplies” includes, but is not limited to, drinking water and household water supplies. (35) (A) The term “contractual relationship”, for the purpose of section 9607(b)(3) of this title , includes, but is not limited to, land contracts, deeds, easements, leases, or other instruments transferring title or possession, unless the real property on which the facility concerned is located was acquired by the defendant after the disposal or placement of the hazardous substance on, in, or at the facility, and one or more of the circumstances described in clause (i), (ii), or (iii) is also established by the defendant by a preponderance of the evidence: (i) At the time …
“barrel” applies throughout its subchapter
The term “barrel” means forty-two United States gallons at sixty degrees Fahrenheit.;
“bona fide prospective purchaser” applies in that section
The term “bona fide prospective purchaser” means, with respect to a facility— (i) a person who— (I) acquires ownership of the facility after January 11, 2002 ; and (II) establishes by a preponderance of the evidence each of the criteria described in clauses (i) through (viii) of subparagraph (B); and (ii) a person— (I) who acquires a leasehold interest in the facility after January 11, 2002 ; (II) who establishes by a preponderance of the evidence that the leasehold interest is not designed to avoid liability under this chapter by any person; and (III) with respect to whom any of the following conditions apply: (aa) The owner of the facility that is subject to the leasehold interest is a …
“brownfield site” applies in that section
The term “brownfield site” means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.
“claim” applies throughout its subchapter
The term “claim” means a demand in writing for a sum certain.;
“claimant” applies throughout its subchapter
The term “claimant” means any person who presents a claim for compensation under this chapter.;
“damages” applies throughout its subchapter
The term “damages” means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title.;
“drinking water supply” applies throughout its subchapter
The term “drinking water supply” means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act [ 42 U.S.C. 300f et seq.]) or as drinking water by one or more individuals.;
“eligible response site” applies in that section
The term “eligible response site” means a site that meets the definition of a brownfield site in subparagraphs (A) and (B) of paragraph (39), as modified by subparagraphs (B) and (C) of this paragraph. (B) Inclusions .—
“environment” applies throughout its subchapter
The term “environment” means (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson-Stevens Fishery Conservation and Management Act [ 16 U.S.C. 1801 et seq.], and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States.;
“extension of credit” applies throughout its chapter
The term “extension of credit” includes a lease finance transaction— (I) in which the lessor does not initially select the leased vessel or facility and does not during the lease term control the daily operations or maintenance of the vessel or facility; or (II) that conforms with regulations issued by the appropriate Federal banking agency or the appropriate State bank supervisor (as those terms are defined in section 1813 of title 12 ) or with regulations issued by the National Credit Union Administration Board, as appropriate. (ii) Financial or administrative function .—
“facility” applies throughout its subchapter
The term “facility” means (A) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft, or (B) any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located; but does not include any consumer product in consumer use or any vessel.;
“federally permitted release” applies throughout its subchapter
The term “federally permitted release” means (A) discharges in compliance with a permit under section 402 of the Federal Water Pollution Control Act [ 33 U.S.C. 1342 ], (B) discharges resulting from circumstances identified and reviewed and made part of the public record with respect to a permit issued or modified under section 402 of the Federal Water Pollution Control Act and subject to a condition of such permit, (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under section 402 of the Federal Water Pollution Control Act, which are caused by events occurring within the scope of relevant operating or treatment systems, …
“financial or administrative function” applies throughout its chapter
The term “financial or administrative function” includes a function such as that of a credit manager, accounts payable officer, accounts receivable officer, personnel manager, comptroller, or chief financial officer, or a similar function. (iii) Foreclosure; foreclose .—
“foreclose” applies throughout its chapter
The terms “foreclosure” and “foreclose” mean, respectively, acquiring, and to acquire, a vessel or facility through— (I) (aa) purchase at sale under a judgment or decree, power of sale, or nonjudicial foreclosure sale; (bb) a deed in lieu of foreclosure, or similar conveyance from a trustee; or (cc) repossession, if the vessel or facility was security for an extension of credit previously contracted; (II) conveyance pursuant to an extension of credit previously contracted, including the termination of a lease agreement; or (III) any other formal or informal manner by which the person acquires, for subsequent disposition, title to or possession of a vessel or facility in order to protect the …
“foreclosure” applies throughout its chapter
The terms “foreclosure” and “foreclose” mean, respectively, acquiring, and to acquire, a vessel or facility through— (I) (aa) purchase at sale under a judgment or decree, power of sale, or nonjudicial foreclosure sale; (bb) a deed in lieu of foreclosure, or similar conveyance from a trustee; or (cc) repossession, if the vessel or facility was security for an extension of credit previously contracted; (II) conveyance pursuant to an extension of credit previously contracted, including the termination of a lease agreement; or (III) any other formal or informal manner by which the person acquires, for subsequent disposition, title to or possession of a vessel or facility in order to protect the …
“Fund” applies throughout its subchapter
The term “Fund” or “Trust Fund” means the Hazardous Substance Superfund established by section 9507 of title 26 .;