V.I. Code tit. 12, § 202 (2019)
2019 US Virgin Islands Code|Title 12 - Conservation|Chapter 9 - Air Pollution Control|§ 202. Definitions

 For the purposes of this chapter, and unless the context otherwise requires, the following words and phrases shall have the meanings ascribed to them in this section: (a) “Air contaminant or air pollutant” means any dust, fumes, gas, mist, smoke, vapor, odor, or particulate matter or any combination thereof which is emitted into or otherwise enters into the ambient air. (b) “Air pollution” means the presence in the outdoor atmosphere of one or more air contaminant or air pollutant, or any combination thereof, in sufficient quantities, as defined quantitatively by the Department in its rules and regulations and in the Clean Air Act in its rules and regulations, and of such characteristics and duration as is or is likely to be injurious to public welfare, to the health of human, plant or animal life, or to property, or which unduly interferes with the enjoyment of life of property. (c) “Person” includes an individual, corporation, partnership, association and any officer or governing or managing body of such entity; and further includes the Government of the United States Virgin Islands and the Government of the United States, and any board, commission, authority or instrumentality thereof. (d) “Commissioner” means the Commissioner of the Department of Planning and Natural Resources. (e) “Administrator” means the Administrator of the United States Environmental Protection Agency. (f) “Attainment” means the term used to define an area in which ambient air quality meets an applicable NAAQS. (g) “Criteria pollutant” means a pollutant for which a NAAQS has been established. (h) “Department” means the Virgin Islands Department of Planning and Natural Resources. (i) “Emission” means the process of releasing or discharging a pollutant into the ambient air. (j) “Emission limitation” and “emission standard” mean a requirement established by the Commissioner 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 or the Clean Air Act, as amended. (k) “Fugitive emissions” means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. (l) “Hazardous air pollutant” means a pollutant which is listed pursuant to section 112(b) of the Clean Air Act, as amended. (m) “Major source” means any stationary source or group of stationary sources located within a contiguous or adjacent area and under common control that is either of the following: (1) emits or has the potential to emit, considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants; or (2) a major stationary source as defined in section 302 of the Clean Air Act, as amended; or (3) a major stationary source as defined in Part D of Title I of the Clean Air Act, as amended. (n) “Minor source” means a source that is not major. (o) “Mobile source” or “portable source” means a movable source of emissions. (p) “Modification” means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted by more than a de minimus amount. (q) “NAAQS” means national ambient air quality standard. (r) “Nonattainment” means a term used to define an area in which the ambient air quality does not meet an applicable NAAQS. (s) “Owner or operator” means any person who owns, leases, operates, controls, or supervises a stationary source. (t) “Regulated air pollutant” shall mean air pollutants regulated under the Clean Air Act, as amended. (u) “Territory” means the United States Virgin Islands. (v) “Stationary source” means any building, structure, facility or installation which emits or may emit any air pollutant subject to regulation under the Clean Air Act, as amended. (w) “Clean Air Act” means the federal Clean Air Act, as amended. (x) “Point source” means a stack, vent, or other point through which emissions of air pollutants are vented to the ambient air.