NY Env Conserv L § 19-0903 (2021)
2021 New York Laws ENV - Environmental Conservation Article 19 - Air Pollution Control Title 9 - State Acid Deposition Control Act 19-0903 - Definitions.

§ 19-0903. Definitions.As used in this title:1.  "Acid  deposition"  means  the  wet  or  dry  deposition  from the   atmosphere of chemical compounds, usually in the form of rain  or  snow,   having  the  potential to form an aqueous compound with a pH level lower   than the level considered normal under natural conditions, or lower than   5.6, whichever is less.2. "Acid deposition precursor"  means  sulfur  dioxide  or  oxides  of   nitrogen.3. "Best available control technology" means an emission limitation or   equipment  standard  based  on the maximum degree of reduction which the   department determines is achievable on a case-by-case basis taking  into   account  energy,  economic,  environmental  and health impacts and other   costs related to the source.4. "Coal" means bituminous coal, anthracite coal or lignite.5.   "Conversion   or   modification"    means    any    construction,   reconstruction,  addition to or alteration of any facility or stationary   source or other physical changes to allow burning of coal  as  a  boiler   fuel.6. "Emission" means the release of acid deposition precursors into the   atmosphere from any facility or stationary source.7.  "Environmental threshold value" means a deposition rate, expressed   in kilograms of sulfate per hectare per year, at  which  no  significant   damaging  chemical  or  biological  effects of acid deposition have been   reported, and above which there is high probability  that  such  effects   would occur.8.  "Final  control  target" means a limitation, expressed in terms of   fuel sulfur content or equivalent emissions reductions, that will reduce   the New York state share of total  measured  or  estimated  wet  sulfate   deposition  in  sensitive  receptor  areas  by  the  percentage  derived   according to the following formula: (Total measured or estimated   New York's contribution to                wet sulfate deposition) minus   total measured or esti-                   (Environmental threshold value)   mated wet sulfate deposition,     X      _______________________________   expressed as a percentageTotal measured or estimatedwet sulfate deposition 9. "Fossil fuel" means coal, petroleum products and fuel gases.10. "Interim control target" means a limitation, expressed in terms of   fuel  sulfur  content,  that  achieves  a  level  of  sulfur  deposition   reduction  that  is  approximately forty per centum of the final control   target.11. "Least emissions dispatch" means the utilization of  the  cleanest   facility  or  other  stationary  source on a priority basis so that less   clean facilities or stationary sources are  operated  at  full  capacity   only when need arises.12.  "Major  steam electric generating facility" or "facility" means a   steam electric generating facility with a generating capacity  of  fifty   thousand kilowatts or more which burns fossil fuel.13.  "New emission source" means any new facility or stationary source   that will emit acid deposition precursors in excess of one hundred  tons   per  year,  and  is  granted  a  permit to construct pursuant to section   19-0305  of  this  article  after  January   first,   nineteen   hundred   eighty-seven. 14.  "New  source  performance standard" means a standard developed by   the department which sets limitations for emissions of  acid  deposition   precursors from new facilities and new stationary sources.15.   "Sensitive   receptor   areas"   means  regions  of  the  state,   encompassing geographically significant land areas not wholly  contained   within  any  county, that the department determines to be susceptible to   the impacts of acid deposition based upon:a. geological information identifying areas  incapable  of  adequately   neutralizing acid deposition;b.  the  presence  of  plant  or  animal species that are particularly   sensitive to acid deposition;c. existing acid deposition reports and data prepared by  agencies  of   the state or of the federal government; ord.  such  other  information  that  the  department  determines  to be   indicative of acid sensitivity.16. "Special limitation" means a special fuel  use  limitation  for  a   specific  facility,  stationary  source,  or specified area of the state   promulgated by the department in rules and regulations that permits  the   sale,  offering  for sale, purchase and use of oil or coal with a sulfur   content  in  excess  of  established  sulfur  limits,  when   acceptable   diffusion  analyses  have  demonstrated to the department's satisfaction   that  such  use  would  not  contribute  to  the  contravention  of  any   applicable  federal  ambient  air  quality  standard  nor  significantly   increase acid deposition at sensitive receptor areas.17. "Stationary source"  means  any  source  other  than  major  steam   electric  generating facilities that emits acid deposition precursors in   excess of one hundred tons per year.