NY Env Conserv L § 19-0107 (2021)
2021 New York Laws ENV - Environmental Conservation Article 19 - Air Pollution Control Title 1 - Short Title; Declarations of Policy and Purpose; Definitions 19-0107 - Definitions.

§ 19-0107. Definitions.When used in this article:1.  "Person"  means  any  individual,  public  or private corporation,   political subdivision, agency, board, department or bureau of the state,   municipality, partnership, association, firm, trust, estate or any other   legal entity whatsoever which is recognized by law  as  the  subject  of   rights and duties.2.  "Air  contaminant"  means  a  dust,  fume, gas, mist, odor, smoke,   vapor, pollen, noise or any combination thereof.3. "Air pollution" means the presence in the outdoor atmosphere of one   or more air contaminants in quantities,  of  characteristics  and  of  a   duration  which  are  injurious  to  human,  plant  or animal life or to   property or which unreasonably interfere with the comfortable  enjoyment   of  life  and  property throughout the state or throughout such areas of   the state as shall be affected thereby; excluding however all conditions   subject to the requirements of the Labor Law and Industrial Code.4. "Air contamination" means the presence in the outdoor atmosphere of   one or more air contaminants which contribute or  which  are  likely  to   contribute to a condition of air pollution.5.  "Air  contamination source" means any source at, from or by reason   of which there is emitted  into  the  atmosphere  any  air  contaminant,   regardless  of  who the person may be who owns or operates the building,   premises or other property in, at or on which such source is located  or   the  facility,  equipment  or  other  property  by which the emission is   caused or from which the emission comes. Without limiting the generality   of the foregoing,  this  term  includes  all  types  of  commercial  and   industrial  plants  and  works,  heating  and power plants and stations,   shops and stores; buildings and other structures of all types, including   single  and  multiple  family  residences,  apartment   houses,   office   buildings,  public  buildings,  hotels, restaurants, schools, hospitals,   churches,  and  other  institutional  buildings;  automobiles,   trucks,   tractors,  buses  and  other  motor  vehicles (hereinafter called "motor   vehicles");  garages;  vending  and  service  locations  and   stations;   railroad locomotives; ships, boats and other waterborne craft; aircraft;   portable  fuel-burning  equipment; incinerators of all types, indoor and   outdoor; and refuse dumps and piles.6. "Air cleaning installation" means any method, process or  equipment   which   removes,  reduces  or  renders  less  noxious  air  contaminants   discharged into the atmosphere.7. "Area of the state" means any county, city, town, village, or other   geographical area of the state as may be designated by the department.8. "The Act" means the Federal Clean Air Act, 42 U.S.C.  Section  7401   et  seq., as amended by Public Law 101-549, November fifteenth, nineteen   hundred ninety.9. "Administrator"  means  the  administrator  of  the  United  States   environmental protection agency.10.  "Affected source" or "affected unit" shall have the meaning given   to it in the regulations promulgated under Title IV of the Act.11. "Clean alternative fuels" means fuels, for use in  motor  vehicles   which meet the requirements of section 7511a(c)(4) of the Act.12.  "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 for clean fuel vehicles specified in this article   pursuant to section 7583 of the Act.13. "Covered fleet" means ten or more motor vehicles which  are  owned   or  operated  by a single person in an area designated as being a severe   ozone non-attainment area by the administrator pursuant to  Title  I  of   the  Act.  In determining the number of motor vehicles owned or operated    by a single person for the purposes of this article, 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. The term "covered fleet" shall not   include motor vehicles held for lease or rental to the  general  public,   motor  vehicles  held  for  sale  by  motor  vehicle  dealers  including   demonstration  vehicles,  motor  vehicles   used   for   motor   vehicle   manufacturer  product  evaluations  or  tests, law enforcement and other   emergency vehicles, or non-road vehicles including farm and construction   vehicles.14. "Covered fleet vehicle" means only a motor vehicle which is (i) in   a covered fleet which  is  centrally  fueled  or  is  capable  of  being   centrally  fueled  and  (ii)  in a vehicle class for which standards are   applicable under this article.15.  "Emission  offset"  or  "offset"  means  emission  reductions  or   emission  reduction  credits which are required to be obtained by an air   contamination source in  order  to  obtain  approval  for  a  permit  to   construct  a  new  air  contamination  source, or modify an existing air   contamination source, in a non-attainment area pursuant to  Title  I  of   the Act.16.  "Emission  reduction"  or  "emission  reduction credit" means the   actual decrease in emissions of a regulated air contaminant in tons  per   year.  Emission  reductions  may  be  created  by,  but  not limited to,   product, process, pollution control or housekeeping changes that:a.  reduce emissions beyond that which is required by the Act;b. are real and actually occur;c. are quantifiable;d. are enforceable by the commissioner or the administrator; ande. are assured for the life of a corresponding increase.17. "Fugitive  emissions"  means  those  emissions  of  regulated  air   contaminants  which  could not reasonably pass through a stack, chimney,   vent or other functionally-equivalent openings.18. "Operating permit" means  a  permit  issued  pursuant  to  section   19-0311 of this article.19.  "Major  air  contamination  source"  or "major stationary source"   means any stationary source or any group of stationary  sources  located   within  a  contiguous  area  and under common control and belonging to a   single major industrial grouping that:a. emits or has the potential to emit one hundred tons per year of any   regulated air contaminant; orb. emits or has the potential to emit ten tons per  year  of  any  air   contaminant  or  twenty-five  tons  per  year  of any combination of air   contaminants listed under section 7412(b) of the Act, including fugitive   emissions  of  such  contaminants,   or   lesser   quantities   as   the   administrator may establish pursuant to the Act; orc.  emits  or  has  the potential to emit twenty-five tons per year of   volatile organic compounds or oxides  of  nitrogen,  including  fugitive   emissions  of  such  contaminants  if  located  in  an area designated a   "severe non-attainment area" pursuant to section 7511 of the Act; ord. emits or has the potential to emit fifty tons per year of  volatile   organic  compounds  or one hundred tons of oxides of nitrogen if located   in an ozone transport region pursuant to section 7511(c) of the Act.Fugitive emissions from a stationary  source  must  be  considered  in   determining  whether such stationary source is a major stationary source   for permit requirements if the source belongs to one of  the  categories   of  stationary  sources  identified  by  the administrator in regulation   pursuant to section 7602(j) of the Act. 20. "Major industrial grouping" means all activities belonging to  the   same  major  group  identified in the Standard Industrial Classification   Manual (1987) published by the United States department of commerce.21.  "Potential  to  emit"  means the maximum capacity of a stationary   source to emit any regulated air  contaminant  under  its  physical  and   operational  design.  Any  physical  or  operational  limitation  on the   capacity of such source to emit a regulated air  contaminant,  including   air  pollution  control equipment and restrictions on hours of operation   or on the type or amount of material combusted,  stored,  or  processed,   shall  be treated as part of its design if the limitation is enforceable   by  the  commissioner  and  the  administrator  of  the  United   States   environmental  protection  agency  provided,  however,  that physical or   operational limitations enforceable by the commissioner shall be treated   as part of  a  source's  design,  if  the  commissioner  is  given  such   authorization by the administrator.22. "Regulated air contaminant" means the following:a. oxides of nitrogen;b. volatile organic compounds;c. sulfur dioxide;d. particulate;e. carbon monoxide;f.  any  class  I  or  II  substance subject to a standard promulgated   pursuant to section 7671 of the Act;g. any other air contaminant for which a national ambient air  quality   standard has been promulgated; orh.  any  air  contaminant that is regulated under section 7411 or 7412   (b) and (c) of  the  Act  and  which  the  commissioner  has  listed  in   regulation.  The  department  may  use  emergency rulemaking pursuant to   subdivision six of section two hundred two of the  state  administrative   procedure   act   if  necessary,  in  order  to  timely  list  such  air   contaminants.23. "State implementation plan" or "SIP" means documents  prepared  by   the  department,  and submitted to the administrator for approval, which   identify actions and programs to be undertaken  by  the  state  and  its   subdivisions to implement the Act.24.  "Stationary  source"  means  any building, structure, facility or   installation that emits or may emit any regulated air contaminant.