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 212 - PROCESS OPERATIONS › Subpart 212-1 - General Provisions › Section 212-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purpose
					 of this Part, the general definitions in Part 200 of this Title
					 apply.
(b) For the purpose of this
					 Part, the following definitions also apply:
(1) 'Aggregate.' Any hard, inert material
					 used for mixing in graduated particles or fragments. Includes sand, gravel,
					 crushed stone, slag, rock dust or powder.
(2) 'Animal Oncogenes.' Chemicals for which
					 oncogenicity has been demonstrated in at least one mammalian species.
(3) 'Carcinogenic to Humans'. Chemicals where
					 there is convincing epidemiological evidence of a causal association between
					 human exposure and cancer as described by the United States Environmental
					 Protection Agency Guidelines for Carcinogen Risk
					 Assessment
.
(4)
					 'Criteria Air Contaminant.' Particulate matter, ground-level ozone, carbon
					 monoxide, sulfur oxide s, nitrogen dioxide. Elemental lead is a criteria air
					 contaminant as well as a federal Hazardous Air Pollutant: elemental lead and
					 lead compounds are also treated as a High Toxicity Air Contaminant.
(5) 'Guideline Concentrations.' Ambient air
					 concentrations that are listed in the Division of Air Resource's Annual and
					 Short-term Guideline Concentrations (AGC/SGC) Tables.
(6) 'Genotoxic Chemicals'. Chemicals that
					 have been shown to damage DNA or chromosomes in in-vitro and/or in-vivo
					 short-term tests.
(7) 'Hot mix
					 asphalt.' Paving material that is produced by mixing hot dried aggregate with
					 heated asphalt cement.
(8) 'Hot Mix
					 Asphalt Production Plant.' A facility comprised of process operations to
					 produce paving material manufactured by mixing hot dried aggregate with heated
					 asphalt cement.
(9) 'High Toxicity
					 Air Contaminants (HTACs).' Chemicals that are carcinogenic to humans; or likely
					 to be carcinogenic to humans; or chemicals that are known to cause adverse
					 outcomes in humans for reproductive and developmental effects; or chemicals
					 that elicit irreversible or progressive detrimental effects that have been
					 observed in humans; or chemicals meeting the definition of Persistent and
					 Bioaccumulative in this section; or any chemicals meeting the following
					 LC50 or LD50 values:
'(i)' LD50 (dermal) is
					 equal or less than 200 mg/kg; or
'(ii)' LC50
					 (inhalation) is equal or less than 200 ppm; or
'(iii)'  LD50 (oral)
					 is equal or less than 50 mg/kg.
(10) 'Low NOx burner.'
					 A burner designed to reduce flame turbulence by the mixing of fuel and air and
					 by establishing fuel-rich zones for initial combustion, thereby reducing the
					 formation of nitrogen oxides (NOx).
(11) 'Lethal Dose Fifty or Lethal
					 Concentration Fifty (LD50 or
					 LC50).' The median administered dose that will kill 50
					 percent of a tested mammalian specie.
(12) 'Likely to be Carcinogenic in Humans.'
					 Chemicals with evidence indicating oncogenicity in two mammalian species; or
					 one mammalian species, independently reproduced; or one mammalian species, to
					 an unusual degree with respect to incidence, latency period, site, tumor type
					 or age at onset; or one mammalian species, supported by positive results in
					 short-term tests which are indicative of potential oncogenic
					 activity.
(13) 'Low Toxicity Air
					 Contaminant'. Chemicals that can cause irritation or reversible effects to
					 sensitive members of the population, and which do not meet the criteria for
					 classification as a High Toxicity or Moderate Toxicity Air Contaminants.
(14) 'Moderate Toxicity Air
					 Contaminants'. Chemicals that are animal oncogenes; or chemicals that are known
					 to cause adverse outcomes in animal species for reproductive and developmental
					 effects; or genotoxic chemicals; or chemicals that when inhaled have caused
					 significant chronic adverse effects in test animals, or any chemicals meeting
					 the following LC50 or LD50
					 values:
'(i)' LD50
					 (dermal) is greater than 200 mg/kg but less than 1,000 mg/kg; or
'(ii)'  LC50
					 (inhalation) is greater than 200 ppm but less than 2,000 ppm; or
'(iii) ' LD50 (oral)
					 is greater than 50 mg/kg but less than 500 mg/kg.
(15) 'Overall removal efficiency.' The total
					 reduction of VOC emissions considering the efficiency of both the capture
					 system and of the subsequent destruction and/or removal of these air
					 contaminants by the control equipment prior to their release into the outdoor
					 atmosphere.
(16) 'Persistent and
					 Bioaccumulative.' Where chemicals that are emitted to the air persist in the
					 environment, and are estimated to have a half-life of greater than or equal to
					 six months in water or soil or sediments; or where chemicals have the ability
					 to bioconcentrate or biomagnify in the food chain and have bioconcentration
					 factors (BCFs) greater than 1,000 in fish or shellfish.
(17) 'Persistent and Bioaccumulative (PB)
					 Trigger.' A yearly mass emission limit equaling 10 times the mass emission
					 listed in Section
					 212-2.2 
					 of this Part for all corresponding persistent and bioaccumulative air
					 contaminants emitted from the facility.
(18) 'Process operation.' Any industrial,
					 institutional, commercial, agricultural or other activity, operation,
					 manufacture or treatment in which chemical, biological and/or physical
					 properties of the material or materials are changed, or in which the
					 material(s) is conveyed or stored without changing the material(s) if the
					 conveyance or storage system is equipped with a vent(s) and is non-mobile, and
					 that emits air contaminants to the outdoor atmosphere. A process operation does
					 not include an open fire, operation of a combustion installation, or
					 incineration of refuse other than by-products or wastes from a process
					 operation(s).
(19) 'Process
					 Emission Source.' Any apparatus, contrivance or machine, including any
					 appurtenant exhaust system or air cleaning device capable of causing emissions
					 of any air contaminant to the outdoor atmosphere from a process
					 operation.
(20) 'Toxic - Best
					 Available Control Technology (T-BACT).' The maximum degree of reduction or the
					 emission limitation f or each non-criteria air contaminant that the department
					 determines is achievable f or a process operation on a case-by-case basis. The
					 department will determine an achievable degree of reduction or emission
					 limitation using the following parameters:
(i)
					 process, fuels and raw material available to be used;
(ii) engineering aspects of the application
					 of various types of control technology which have been adequately
					 demonstrated;
(iii) process and
					 fuel changes;
(iv) respective costs
					 of the application of all such control technologies, process changes,
					 alternative fuels, etc.; and the
(v) toxicity of the air
					 contaminant.
(21) 'Toxic
					 Impact Assessment (TIA).' An inhalation risk assessment that is supported by a
					 protocol describing the procedures to be used to predict maximum offsite
					 ambient air concentrations.
(22)
					 'Tune-up.' Adjustments made to a burner in accordance with procedures supplied
					 by the manufacturer (or an approved specialist) to optimize the combustion
					 efficiency.