New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 200 - General Provisions › Section 200.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Act.
The Federal Clean Air Act,
					 42 U.S.C. section
					 7401,
et seq.,
as amended by
					 Public
					 Law 101-549, November 15, 1990.
(b)
Administrator.
The Administrator of the United States Environmental
					 Protection Agency or designee.
(c)
Air cleaning installation, air
				  cleaning device or control equipment.
Any method, process or equipment which removes, reduces or
					 renders less noxious air contaminants discharged into the outdoor
					 atmosphere.
(d)
Air
				  contaminant or air pollutant.
A chemical, dust, compound, fume, gas, mist, odor, smoke,
					 vapor, pollen or any combination thereof.
(e)
Air contamination.
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.
(f)
Air contamination source or emission source.
Any apparatus, contrivance or machine capable of causing
					 emission of any air contaminant to the outdoor atmosphere, including any
					 appurtenant exhaust system or air cleaning device. Where a process at an
					 emission unit uses more than one apparatus, contrivance or machine in
					 combination, the combination may be considered a single emission
					 source.
(g)
Air
				  pollution.
The presence in the outdoor atmosphere of one or more
					 contaminants in quantities, of characteristics and of a duration which are or
					 may be injurious to human, plant or animal life or to property or which
					 unreasonably interfere with the comfortable enjoyment of life and
					 property.
(h)
Annual.
Refers to a period of time based upon a calendar year
					 commencing January 1st and terminating midnight December 31st.
(i)
Attainment area.
Any area of the State meeting all National Ambient Air
					 Quality Standards (NAAQS) for a specific air contaminant as designated pursuant
					 to section 107(d) of the Federal Clean Air Act. (
Note:
A list
					 of such areas may be obtained from any office of the Department of
					 Environmental Conservation.)
(j)
Best available control technology
				  (BACT).
An emission limitation or equipment standard based on the
					 maximum degree of reduction of each contaminant emitted from stationary air
					 contamination source which the department determines is achievable for such
					 source on a case-by-case basis considering:
(1) process, fuels and raw material available
				  and to be used;
(2) engineering
				  aspects of the application of various types of control technology which has
				  been adequately demonstrated;
(3)
				  process and fuel changes;
(4)
				  respective costs of the application of all such control technologies, process
				  changes, alternative fuels, etc.;
(5) applicable State and Federal emission
				  standards.
In no event shall application of BACT result in emissions
					 of any contaminant which will exceed the emissions allowed by any applicable
					 standard established.