NY Env Conserv L § 72-0301 (2021)
2021 New York Laws ENV - Environmental Conservation Article 72 - Environmental Regulatory Program Fees Title 3 - Air Quality Control Program Fee 72-0301 - Definitions.

§ 72-0301. Definitions.   When used in this title:   1. The "Act" shall mean the Clean Air Act, 42 U.S.C. §7401 et seq., as amended by P.L. 101-549, November 15, 1990.   2.  "Actual  emissions"  means the emissions which were emitted to the ambient air, and shall include fugitive emissions if such emissions  are considered  in determining whether a source is a major air contamination source.   3. "Air contamination source" means all sources required to  obtain  a permit,  certificate  or  approval  pursuant to article nineteen of this chapter.   4. "Combustion installation" means one or more furnace, device, engine or turbine in which fossil fuel or wood is burned with air or oxygen and the air contaminant emissions  include  only  those  products  resulting from:   a. combustion of the fuel;   b. additives or impurities in the fuel; and   c.  material  introduced  for  the purpose of altering air contaminant emissions.   A combustion installation may consist of:  (1) a single furnace exclusively connected to an air  cleaning  device or stack; or  (2)  two or more furnaces connected to a common air cleaning device or stack.   5. "Emission point" means any  conduit,  chimney,  duct,  vent,  flue, stack  or  other functionally equivalent opening through which regulated air contaminants are emitted to the ambient air.   6. "Fugitive emissions" means  those  emissions  of  a  regulated  air contaminant that could not reasonably pass through an emission point.   7.  "Gasoline  dispensing  site"  means  any  site  where  gasoline is dispensed into portable containers used  to  fuel  any  motor  from  any stationary  storage  container  or  containers  and  that is required to obtain a permit pursuant to article nineteen of this chapter.   8. "Incinerator" means any structure or furnace  in  which  combustion takes place and type 0, 1, 2, 3 or 4 refuse, as classified in Table 1 of 6  NYCRR  Appendix  2,  is  used as a fuel, alone or in conjunction with fossil fuel.   9. "Major air contamination source" shall have the meaning  set  forth in subdivision 19 of section 19-0107 of this chapter.   10.  "Permitted  emission"  means  those  emissions of a regulated air contaminant which are authorized by permit to be emitted.   11. "Person" means an individual, trust, firm,  joint  stock  company, corporation   (including   a   government   corporation),   partnership, association,  state,  federal  government  and   any   agency   thereof, municipality,  commission,  political  subdivision  of  a  state  or any interstate body.   12. "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  the  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.    13. "Process air contamination source" means:   a.   any  industrial,  commercial,  agricultural  or  other  activity, operation, manufacture or treatment (except incineration of type  0,  1, 2,  3 and 4 refuse, as classified in Table 1 of 6 NYCRR Appendix 2, open burning and operation of combustion installations)  in  which  chemical, biological  or  physical  properties  of  the  material or materials are changed, and which emits air contaminants to the outdoor atmosphere; or   b. any system which removes air  contamination  from  any  industrial, commercial,  agricultural  or  other activity, operation, manufacture or treatment (except incineration of type 0, 1,  2,  3  and  4  refuse,  as classified  in Table 1 of 6 NYCRR Appendix 2, open burning and operation of combustion installations) and transports them  from  their  point  of generation to the outdoor atmosphere.   14.  "Regulated  air  contaminant" shall have the meaning set forth in subdivision twenty-two of section 19-0107 of this chapter.   15. "Severe ozone nonattainment area" means that  part  of  the  state designated  pursuant  to  section  7407  of  the  Act as not meeting the national ambient air quality standard for  ozone,  as  classified  under section 7511 of the Act.   16.  "State air quality control program" means those activities of the department as specified in titles three and five of article nineteen  of this  chapter  relating  to  air pollution and air contamination and any related enforcement activities.