reglab/statecodes huggingface dataset:
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 248 - Use Of Ultra Low Sulfur Diesel Fuel And Best Available Retrofit Technology For Heavy Duty Vehicles › Subpart 248-6 - REPORTING REQUIREMENTS › Section 248-6.1 - Reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On
					 or before November 1, 2008 and every year thereafter, regulated entities
					 subject to the requirements of this Part shall report to the department on the
					 use of ULSD and BART as described in subdivision (b) of this section for all
					 vehicles, including covered vehicles operated on behalf of regulated entities.
					 The report shall be based on the period of September 1 through August 31.
					 Contractors shall report required information as described in subdivision (b)
					 of this section to the regulated entity on a schedule to be determined by the
					 regulated entity.
(b) Regulated
					 entity reporting.
(1) Regulated entities
					 shall report to the department on an annual basis. The regulated entity shall
					 perform a HDV inventory to be submitted with the annual report for the
					 regulated entity fleet. A vehicle inventory format and an annual report format
					 will be prescribed by the department. The inventory shall be performed within
					 30 days after the effective date of this Part and updated in order to determine
					 compliance with the BART requirements of section
					 248-3.1(e) 
					 of this Part. Based on the information contained in the inventory, the
					 regulated entity shall submit the first annual report to the department by
					 November 1, 2008. Thereafter, and based on updated inventory information,
					 annual reports shall be submitted to the department by November 1st of each
					 year. The regulated entity submittal to the department shall include the
					 regulated entity's vehicle inventory and annual report, along with the
					 regulated entity's contractors' annual reports. The information contained in
					 the annual report submitted by the regulated entity shall include, but not be
					 limited to:
(i) contact information:
(a) for the regulated entity, include the
					 name of the regulated entity, contact person and work phone number;
(b) for the contractor, include the name of
					 the contractor, contact person and work phone number;
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 248 - Use Of Ultra Low Sulfur Diesel Fuel And Best Available Retrofit Technology For Heavy Duty Vehicles › Subpart 248-7 - RECORDKEEPING REQUIREMENTS › Section 248-7.1 - Recordkeeping requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 BART regulated entities and contractors subject to the requirements of this
					 Part shall maintain the following records in hard-copy format or as electronic
					 records where the vehicle is primarily located/garaged. The department's
					 inventory form may be used for this purpose. The BART regulated entity or
					 contractor shall provide the following records where applicable for each
					 inventoried HDV upon request by the department or an authorized representative
					 for all HDVs subject to compliance with this Part:
(1) vehicle information:
(i) VIN;
(ii) license plate number;
(iii) vehicle description;
(iv) odometer reading or total engine
					 hours;
(v) date of odometer reading
					 or total engine hours; and
(vi)
					 GVWR;
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 248 - Use Of Ultra Low Sulfur Diesel Fuel And Best Available Retrofit Technology For Heavy Duty Vehicles › Subpart 248-8 - CONTRACTOR COMPLIANCE REQUIREMENTS › Section 248-8.1 - Contractor compliance requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Contractors shall comply with the
					 applicable ULSD and BART requirements of this Part.
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 248 - Use Of Ultra Low Sulfur Diesel Fuel And Best Available Retrofit Technology For Heavy Duty Vehicles › Subpart 248-9 - RIGHT OF ENTRY › Section 248-9.1 - Right of entry

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of inspecting vehicle and equipment and
						related records to determine compliance with this Part, the department or an
						authorized representative has the right to enter any facility (with any
						necessary safety clearances for off road sites) where vehicles and equipment
						are located or related records are kept.
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 248 - Use Of Ultra Low Sulfur Diesel Fuel And Best Available Retrofit Technology For Heavy Duty Vehicles › Subpart 248-10 - NON-COMPLIANCE › Section 248-10.1 - Non-compliance

Current through Register Vol. 46, No. 28, July 10, 2024
Any violations of this Part will subject a regulated
						entity or contractor to all applicable penalties.
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 248 - Use Of Ultra Low Sulfur Diesel Fuel And Best Available Retrofit Technology For Heavy Duty Vehicles › Subpart 248-11 - SEVERABILITY › Section 248-11.1 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
Each provision of this Part shall be deemed severable,
						and in the event that any provision of this Part is held to be invalid, the
						remainder of this Part shall continue in full force and
						effect.
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 249 - Best Available Retrofit Technology (bart) › Section 249.1 - Purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  This Part restricts the emissions of visibility-impairing pollutants by
				  requiring the installation of Best Available Retrofit Technology (BART) on a
				  BART-eligible stationary source to reduce regional haze and restore natural
				  visibility conditions to Federal Class I Areas.
(b) Except as provided under subdivision (c)
				  of this section, this Part applies to any stationary source that has been
				  determined to be BART-eligible and whose emissions require control pursuant to
				  section 169A of the act. BART-eligible refers to any stationary source that:
(1) is in one of 26 specific source
				  categories identified in section 231- 2.2(c)(1) through (26) of this
				  Title;
(2) was not in operation
				  prior to August 7, 1962 and was in existence on August 7, 1977, or underwent
				  reconstruction between August 7, 1962 and August 7, 1977; and
(3) has a potential to emit (PTE) 250 tons
				  per year (tpy) or more of any visibility-impairing pollutant.
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 249 - Best Available Retrofit Technology (bart) › Section 249.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this regulation, the following
					 definitions apply:
(a) Best Available
				  Retrofit Technology or BART. An emission limitation based on the degree of
				  reduction achievable through the application of the best system of continuous
				  emission reduction for each visibility-impairing pollutant which is emitted by
				  an existing stationary facility. BART for any individual source is determined
				  by undertaking the case-by-case analysis required under section
				  249.3 
				  of this Part.
(b) Deciview. A
				  measurement of visibility impairment. A deciview is a haze index derived from
				  calculated light extinction, such that uniform changes in haziness correspond
				  to uniform incremental changes in perception across the entire range of
				  conditions, from pristine to highly impaired. The deciview haze index is
				  calculated based on the following equation (for the purposes of calculating
				  deciview, the atmospheric light extinction coefficient must be calculated from
				  aerosol measurements):
HI = 10 ln (b/10)
Where b = the atmospheric light extinction coefficient,
					 expressed in inverse megameters (Mm-1).
(c) Federal Class I Area. A national park
				  which exceeds 6,000 acres, national wilderness area which exceeds 5,000 acres,
				  national memorial park which exceeds 5,000 acres, or any international park,
				  which was in existence as of August 7, 1977.
(d) In existence. As used in section
				  249.1(b)(2) 
				  of this Part, the owner or operator has obtained all necessary preconstruction
				  approvals or permits required by Federal, State, or local air pollution
				  emissions and air quality laws or regulations and either has:
(1) begun, or caused to begin, a continuous
				  program of physical on-site construction of the facility; or
(2) entered into binding agreements or
				  contractual obligations, which cannot be canceled or modified without
				  substantial loss to the owner or operator, to undertake a program of
				  construction of the facility to be completed in a reasonable time.
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 249 - Best Available Retrofit Technology (bart) › Section 249.3 - Requirements for sources subject to case-by-case bart determinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The owner or
				  operator of a source that is determined to be BART-eligible and whose emissions
				  of visibility-impairing pollutants result in a visibility impairment equal to
				  or greater than 0.1 deciviews in any Federal Class I Area must conduct an
				  analysis to determine the appropriate emission limitation necessary to meet
				  BART requirements. The analysis must consider, with respect to each
				  visibility-impairing pollutant emitted by the source, the following factors:
(1) the costs of compliance;
(2) the energy and non-air quality
				  environmental impacts of compliance;
(3) any existing pollution control technology
				  in use at the source;
(4) the
				  remaining useful life of the source; and
(5) the degree of improvement in visibility
				  which may reasonably be anticipated to result from the use of such
				  technology.
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 249 - Best Available Retrofit Technology (bart) › Section 249.4 - Emissions tests and monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The owner or operator of the stationary source to which BART requirements apply
				  must perform an emissions test according to a protocol approved by the
				  department. This protocol must be submitted within six months of the
				  commencement of operation of the BART controls. The protocol must include a
				  schedule (using the date of department approval of the protocol as the starting
				  event) for the performance of the required emissions test and submission of the
				  emissions test report. The emissions test must demonstrate that the necessary
				  emission reductions of visibility-impairing pollutants and other requirements
				  under this Part are being met. Testing methods for particulate matter must
				  quantify the emissions of PM 10 and particulate matter
				  less than or equal to 2.5 microns in diameter (PM 2.5).
				  Both filterable and condensable particulate matter must be included.
(b) The owner or operator of the stationary
				  source subject to BART requirements must provide, along with the analysis
				  required under section
				  249.3 
				  of this Part, a proposal for an appropriate emissions monitoring technology
				  that will be implemented at the source.
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 251 - CO2 Performance Standards for Major Electric Generating Facilities › Section 251.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the
				  purpose of this Part, the general definitions of Parts 200 and 201 of this
				  Title apply.
(b) For the purposes
				  of this Part, the following definitions also apply:
(1)
Electric generating
				  facility
. A facility which sells its power to the electrical grid and
				  that utilizes boilers, combustion turbines, waste to energy sources, and/or
				  stationary internal combustion engines to produce electricity.
(2)
Gasifier
. An emission
				  source that converts a hydrocarbon feedstock into a fuel.
(3)
Major electric generating
				  facility
. An electric generating facility with a generating capacity
				  of at least 25 megawatts (MW).
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 251 - CO2 Performance Standards for Major Electric Generating Facilities › Section 251.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 'New
				  Sources and Modified Existing Sources'. The provisions of subdivision 251.3(a) 
				  of this Part apply to owners or operators of:
(1) new major electric generating facilities
				  that commence construction after July 12, 2012; and
(2) existing major electric generating
				  facilities that commence construction for an increase in capacity of at least
				  25 MW at the facility after July 12, 2012. Only those emission source(s)
				  involved in the increase in capacity at the electric generating facility shall
				  be subject to the emission limits established in subdivision 251.3(a)  of this
				  Part.
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 251 - CO2 Performance Standards for Major Electric Generating Facilities › Section 251.3 - Emission limits

Current through Register Vol. 46, No. 28, July 10, 2024
Facilities subject to this Part must comply with the
					 applicable carbon dioxide (CO2) emission limit
					 established in this Section. The emission limits in subdivision (a) of this
					 section are measured on a 12-month rolling average basis, calculated by
					 dividing the annual total of CO2 emissions over the
					 relevant 12-month period by either the annual total (gross) MW generated
					 (output-based limit) or the annual Btu input (input-based limit) over the same
					 12-month period. The emission limits in subdivision (b) of this section are
					 measured on an annual basis, calculated by dividing the annual total of CO
					 emissions for the calendar year by either the annual total (gross) MW generated
					 (output-based limit) or the annual Btu input (input-based limit) over the same
					 calendar year for each fuel combusted.
(a) 'New Sources and Modified Existing
				  Sources'
(1) Owners or operators of a source
				  of one of the following types, except for those emission sources directly
				  attached to a gasifier, are required to meet an emission rate of 925 pounds of
				  CO2 per MW hour gross electrical output (output-based
				  limit) or 120 pounds of CO2 per million Btu of input
				  (input-based limit):
(i) boilers that are
				  permitted to fire greater than 70 percent fossil fuel;
(ii) combined cycle combustion turbines;
				  or
(iii) stationary internal
				  combustion engines that fire only gaseous fuel.
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 251 - CO2 Performance Standards for Major Electric Generating Facilities › Section 251.4 - Permit requirements

Current through Register Vol. 46, No. 28, July 10, 2024
An owner or operator of a facility subject to this Part
					 must submit an application for a permit or permit modification, as appropriate,
					 pursuant to Part 201 of this Title. As part of the application, an owner or
					 operator of a facility subject to a specific CO2
					 emission limit in Subdivision 251.3(a) or (b)  of this Part must specify which
					 form of CO2 emission limit the owner or operator will
					 comply with in the permit, either the output-based limit or the input-based
					 limit.
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 251 - CO2 Performance Standards for Major Electric Generating Facilities › Section 251.5 - Monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 'General
				  requirements'. The owner or operator of an emission source subject to this Part
				  shall comply with the requirements of this Section. The owner or operator of an
				  emission source subject to this Part shall also comply with any applicable
				  monitoring, recordkeeping, and reporting requirements as provided in all
				  applicable sections of          40 CFR part 75          (see Table 1, section
				  200.9  of this
				  Title), unless the emission source is not otherwise required to meet the
				  monitoring, recordkeeping, and reporting requirements of 40 CFR part 75 (see
				  Table 1, section
				  200.9  of this
				  Title) by any other applicable State or federal regulation, in which case the
				  owner or operator may instead comply with any applicable monitoring,
				  recordkeeping, and reporting requirements as provided in all applicable
				  sections of      40 CFR part 60      (see Table 1, section
				  200.9  of this
				  Title).
(b) 'Initial installation
				  and certification procedures'. The owner or operator of each emission source
				  subject to this Part must meet the following requirements.
(1) Install all CEMS required under this Part
				  for monitoring CO2 mass emissions and heat input. This
				  includes all CEMS required to monitor CO2 concentration,
				  stack gas flow rate, O2 concentration, heat input, and
				  fuel flow rate, as applicable, in accordance with either  40 CFR part 60
				   Appendix B Performance Specification 3 (see Table 1, section
				  200.9  of this
				  Title) or
				  40 CFR
				  75.13,
				  75.71
				  (see Table 1, section
				  200.9 of this
				  Title), and 75.72 (see Table 1, section
				  200.9 of this
				  Title), and all portions of appendix G of 40 CFR part 75, except for equation
				  G-1 in 40 CFR part 75 (see Table 1, section
				  200.9 of this
				  Title).
(2) Successfully complete
				  all certification tests required under subdivision (c) of this section and meet
				  all other requirements of this Part and either 40 CFR part 60 (see Table 1,
				  section
				  200.9 of this
				  Title) or 40 CFR part 75 (see Table 1, section
				  200.9 of this
				  title) as applicable to the CEMS under Paragraph(1) of this
				  Subdivision.
(3) Record, report and
				  quality-assure the data from the CEMS under Paragraph (1) of this
				  Subdivision.
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 251 - CO2 Performance Standards for Major Electric Generating Facilities › Section 251.7 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
Each provision of this Part shall be deemed severable, and
					 in the event that any provision of this Part is held to be invalid, the
					 remainder of this Part shall continue in full force and
					 effect.
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 251 - CO2 Performance Standards for Major Electric Generating Facilities › Section 251.8 - 251.31 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter B - AIR QUALITY CLASSIFICATIONS AND STANDARDS › Part 257 - AIR QUALITY STANDARDS › Subpart 257-1 - Air Quality Standards-General › Section 257-1.1 - Foreword

Current through Register Vol. 46, No. 28, July 10, 2024
Air quality standards are designed to provide protection
						from the adverse health effects of air contamination; and they are intended
						further to protect and conserve the natural resources and environment and to
						promote maximum comfort and enjoyment and use of property consistent with the
						economic and social well-being of the community.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter B - AIR QUALITY CLASSIFICATIONS AND STANDARDS › Part 257 - AIR QUALITY STANDARDS › Subpart 257-1 - Air Quality Standards-General › Section 257-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Part the following terms shall be
						interpreted to mean:
(a)
Air
					 quality standard.
A numerically prescribed contaminant level that shall not
						be exceeded in a specified area of the State. Such contaminant levels may
						include instantaneous, short term, or long term concentrations of individual
						contaminants or grouping of contaminants having synergistic effects. Such
						standards may also be described in terms of net effects resulting from the
						occurrence of individual contaminants or grouping of various
						contaminants.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter B - AIR QUALITY CLASSIFICATIONS AND STANDARDS › Part 257 - AIR QUALITY STANDARDS › Subpart 257-1 - Air Quality Standards-General › Section 257-1.3 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The standards shall be
					 applicable statewide.
(b) The
					 procedures and techniques employed to determine ambient air concentrations of
					 contaminants shall be as specified in the standard.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter B - AIR QUALITY CLASSIFICATIONS AND STANDARDS › Part 257 - AIR QUALITY STANDARDS › Subpart 257-1 - Air Quality Standards-General › Section 257-1.4 - Compliance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall
					 permit, suffer or allow the emission of contaminants from an emission source
					 which alone or in combination with emissions from other sources cause
					 contravention of air quality standards promulgated in this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter B - AIR QUALITY CLASSIFICATIONS AND STANDARDS › Part 257 - AIR QUALITY STANDARDS › Subpart 257-4 - Ambient Air Quality Standards-Fluorides › Section 257-4.1 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
The term fluorides refers to a heterogeneous group of
						compounds formed from the highly reactive, nonmetallic gaseous element known as
						fluorine. For the purpose of this Subpart, the term fluoride will include
						material that tests as fluoride by methods acceptable to the
						commissioner.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter B - AIR QUALITY CLASSIFICATIONS AND STANDARDS › Part 257 - AIR QUALITY STANDARDS › Subpart 257-4 - Ambient Air Quality Standards-Fluorides › Section 257-4.2 - Standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Total fluorides, parts
					 per million (ppm), dry weight basis (as F) in and on forage for consumption by
					 grazing ruminants. Average concentration shall be less than the following
					 statewide:
(1) For growing season (not to
					 exceed six consecutive months) - 40 ppm
(2) For any 60 day period - 60 ppm
(3) For any 30 day period - 80
					 ppm
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter B - AIR QUALITY CLASSIFICATIONS AND STANDARDS › Part 257 - AIR QUALITY STANDARDS › Subpart 257-4 - Ambient Air Quality Standards-Fluorides › Section 257-4.3 - Measurement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Total fluorides
					 in and on forage shall be determined by methods acceptable to the
					 commissioner.
(b) Gaseous fluorides
					 in air will be collected and analyzed by methods acceptable to the
					 commissioner.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter B - AIR QUALITY CLASSIFICATIONS AND STANDARDS › Part 257 - AIR QUALITY STANDARDS › Subpart 257-4 - Ambient Air Quality Standards-Fluorides › Section 257-4.4

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter B - AIR QUALITY CLASSIFICATIONS AND STANDARDS › Part 257 - AIR QUALITY STANDARDS › Subpart 257-5 - Air Quality Standards-Photochemical Oxidants › Section 257-5.1 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
Hydrogen sulfide (H 2S) is a
						colorless gas having a characteristic, disagreeable odor often described as
						that of rotten eggs. For the purpose of this Subpart the term hydrogen sulfide
						will include hydrogen sulfide and other sulfides as measured by the acceptable
						analytical method.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter B - AIR QUALITY CLASSIFICATIONS AND STANDARDS › Part 257 - AIR QUALITY STANDARDS › Subpart 257-5 - Air Quality Standards-Photochemical Oxidants › Section 257-5.2 - Objective

Current through Register Vol. 46, No. 28, July 10, 2024
Hydrogen sulfide can cause odors which unreasonably
						interfere with the comfortable enjoyment of life and property. Although
						tarnishing of metals and discoloring of paint may occur at higher ambient air
						concentrations the primary objective of this standard is to prevent
						disagreeable odors.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter B - AIR QUALITY CLASSIFICATIONS AND STANDARDS › Part 257 - AIR QUALITY STANDARDS › Subpart 257-5 - Air Quality Standards-Photochemical Oxidants › Section 257-5.3 - Standard

Current through Register Vol. 46, No. 28, July 10, 2024
Applicable statewide. In any one-hour period, the average
						concentration of hydrogen sulfide shall not exceed 0.010 ppm (14
						µg/m3).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter B - AIR QUALITY CLASSIFICATIONS AND STANDARDS › Part 257 - AIR QUALITY STANDARDS › Subpart 257-5 - Air Quality Standards-Photochemical Oxidants › Section 257-5.4 - Measurement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Hydrogen
					 sulfide is determined by the methods acceptable to the commissioner and
					 expressed as parts of hydrogen sulfide per million parts of ambient air (ppm)
					 by volume.
(b) All measurements are
					 corrected to a reference temperature of 25 degrees Centigrade and to a
					 reference pressure of 760 millimeters of mercury.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter B - AIR QUALITY CLASSIFICATIONS AND STANDARDS › Part 257 - AIR QUALITY STANDARDS › Subpart 257-7

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Environmental Conservation Law,
						§§ 15, 77
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter B - AIR QUALITY CLASSIFICATIONS AND STANDARDS › Part 257 - AIR QUALITY STANDARDS › Subpart 257-8 - Ambient Air Quality Standards-Fluorides (Renumbered)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 320 - Pesticides-general › Section 320.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
Generally, except when in conflict with the statutes of this
					 State or with rules and regulations duly adopted by the commissioner, the rules
					 and regulations applicable to and in conformity with the primary standards
					 established by article 33 of the Environmental Conservation Law shall be those
					 promulgated pursuant to the Federal Insecticide, Fungicide and Rodenticide Act,
					 and appearing as title 40, chapter I, parts 150-189 of the Code of Federal
					 Regulations, in effect July 1, 1997.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 321 - Pesticides In Grape Vineyards, Chautauqua County, Northern Townships › Section 321.0 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 2,4-D means 2,4
				  Dichlorophenoxyacetic acid.
(b)
				  2,4-5-T means 2,4-5 Trichlorophenoxyacetic acid.
(c) MCP means 2 Methyl, 4 Chlorophenoxyacetic
				  acid.
(d) Grape vineyard means lands
				  upon which grapevines are maintained and harvested for profit.
(e) Person means any person, copartnership,
				  firm or corporation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 321 - Pesticides In Grape Vineyards, Chautauqua County, Northern Townships › Section 321.1 - Ester and dust forms of certain phenoxy herbicides

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall use any preparation containing one or more
					 esters of 2,4-D, 2,4-5T or MCP within the affected area as set forth in section
					 321.3  or within two
					 miles of the boundaries of any grape vineyard which is located, in whole or in
					 part, within the said affected area. No person shall use within the said affected
					 area any dust formulations of 2,4-D, 2,4-5-T or MCP in any chemical form
					 whatever.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 321 - Pesticides In Grape Vineyards, Chautauqua County, Northern Townships › Section 321.2 - Spray forms of certain phenoxy herbicides

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall apply, within the affected area as set forth
					 in section
					 321.3, any sprays of
					 2,4-D, 2,4-5-T or MCP in any chemical form whatever at a rate of application less
					 than 15 gallons per acre nor at a nozzle pressure exceeding 40 pounds per square
					 inch nor within 100 feet of any grape vineyard located, in whole or in part,
					 within the affected area.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 321 - Pesticides In Grape Vineyards, Chautauqua County, Northern Townships › Section 321.3 - Area affected

Current through Register Vol. 46, No. 28, July 10, 2024
The "affected area" referred to in sections
					 321.1
					 and
					 321.2 
					 shall be the townships of Pomfret, Sheridan and Hanover in the County of
					 Chautauqua.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 322 - Pesticides In Grape Vineyards, Niagara County › Section 322.0 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 2,4-D means 2,4
				  Dichlorophenoxyacetic acid.
(b)
				  2,4-5-T means 2,4-5 Trichlorophenoxyacetic acid.
(c) MCP means 2 Methyl, 4 Chlorophenoxyacetic
				  acid.
(d) Grape vineyard means lands
				  upon which grapevines are maintained and harvested for profit.
(e) Person means any person, copartnership,
				  firm or corporation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 322 - Pesticides In Grape Vineyards, Niagara County › Section 322.1 - Ester and dust forms of certain phenoxy herbicides

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall use any preparation containing one or more
					 esters of 2,4-D, 2,4-5-T or MCP within the affected area as set forth in section
					 322.3  or within two
					 miles of the boundaries of any grape vineyard which is located, in whole or in
					 part, within the said affected area. No person shall use within the said affected
					 area any dust formulations of 2,4-D, 2,4-5-T or MCP in any chemical form
					 whatever.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 322 - Pesticides In Grape Vineyards, Niagara County › Section 322.2 - Spray forms of certain phenoxy herbicides

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall apply, within the affected area as set forth
					 in section
					 322.3, any sprays of
					 2,4-D, 2,4-5-T or MCP in any chemical form whatever at a rate of application less
					 than 15 gallons per acre nor at a nozzle pressure exceeding 40 pounds per square
					 inch nor within 100 feet of any grape vineyard located in whole or in part within
					 the affected area.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 322 - Pesticides In Grape Vineyards, Niagara County › Section 322.3 - Area affected

Current through Register Vol. 46, No. 28, July 10, 2024
The "affected area" referred to in sections
					 322.1
					 and
					 322.2 
					 shall be the townships of Lewiston, Cambria, Porter, Wilson and Newfane in the
					 County of Niagara.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 323 - Pesticides In Grape Vineyards, Chautauqua County, Southern Townships › Section 323.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 2,4-D means 2,4
				  Dichlorophenoxyacetic acid.
(b)
				  2,4-5-T means 2,4-5 Trichlorophenoxyacetic acid.
(c) MCP means 2 Methyl, 4 Chlorophenoxyacetic
				  acid.
(d) Grape vineyard means lands
				  upon which grapevines are maintained and harvested for profit.
(e) Person means any person, copartnership,
				  firm or corporation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 323 - Pesticides In Grape Vineyards, Chautauqua County, Southern Townships › Section 323.2 - Ester and dust forms of certain phenoxy herbicides

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall use any preparation containing one or more
					 esters of 2,4-D, 2,4-5-T or MCP within the affected area as set forth in section
					 323.4, or within two
					 miles of the boundaries of any grape vineyard which is located, in whole or in
					 part, within the said affected area. No person shall use within the said affected
					 area any dust formulations of 2,4-D, 2,4-5-T or MCP in any chemical form
					 whatever.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 323 - Pesticides In Grape Vineyards, Chautauqua County, Southern Townships › Section 323.3 - Spray forms of certain phenoxy herbicides

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall apply, within the affected area as set forth
					 in section
					 323.4, any sprays of
					 2,4-D, 2,4-5-T or MCP in any chemical form whatever at a rate of application less
					 than 15 gallons per acre nor at a nozzle pressure exceeding 40 pounds per square
					 inch nor within 100 feet of any grape vineyard located in whole or in part within
					 the affected area.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 323 - Pesticides In Grape Vineyards, Chautauqua County, Southern Townships › Section 323.4 - Area affected

Current through Register Vol. 46, No. 28, July 10, 2024
The "affected area" referred to in sections
					 323.2
					 and
					 323.3 
					 shall be the townships of Portland, Westfield and Ripley in the County of
					 Chautauqua.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 324 - Pesticides In Grape Vineyards, Erie County › Section 324.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 2,4-D means 2,4
				  Dichlorophenoxyacetic acid.
(b)
				  2,4-5-T means 2,4-5 Trichlorophenoxyacetic acid.
(c) MCP means 2 Methyl, 4 Chlorophenoxyacetic
				  acid.
(d) Grape vineyard means lands
				  upon which grapevines are maintained and harvested for profit.
(e) Person means any person, copartnership,
				  firm or corporation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 324 - Pesticides In Grape Vineyards, Erie County › Section 324.2 - Ester and dust forms of certain phenoxy herbicides

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall use any preparation containing one or more
					 esters of 2,4-D, 2,4-5-T or MCP within the affected area as set forth in section
					 323.4  of this Title,
					 or within two miles of the boundaries of any grape vineyard which is located, in
					 whole or in part, within the said affected area. No person shall use within the
					 said affected area any dust formulations of 2,4-D, 2,4-5-T or MCP in any chemical
					 form whatever.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 324 - Pesticides In Grape Vineyards, Erie County › Section 324.3 - Spray forms of certain phenoxy herbicides

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall apply, within the affected area as set forth
					 in section
					 323.4  of this Title,
					 any sprays of 2,4-D, 2,4-5-T or MCP in any chemical form whatever at a rate of
					 application less than 15 gallons per acre nor at a nozzle pressure exceeding 40
					 pounds per square inch nor within 100 feet of any grape vineyard located in whole
					 or in part within the affected area.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 324 - Pesticides In Grape Vineyards, Erie County › Section 324.4 - Area affected

Current through Register Vol. 46, No. 28, July 10, 2024
The "affected area" referred to in sections
					 324.2
					 and
					 324.3 
					 of this Part shall be the townships of Brant, Evans and North Collins in the
					 County of Erie.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 325 - APPLICATION OF PESTICIDES › Section 325.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Abutting property
				  means contiguous real property not separated by a publicly owned road or highway
				  which has a boundary or boundary point in common with property on which a
				  commercial lawn application is made.
(b) Accident means an unexpected, undesirable
				  event, caused by the use or presence of a pesticide, that adversely affects
				  humans or the environment.
(c) Agency
				  means any State agency; municipal corporation; school district recognized by the
				  Commissioner of Education; public authority; college, as that term is defined in
				  the Education Law; railroad, as that term is defined in the Railroad Law; or
				  telegraph, telephone, telegraph and telephone, pipeline, gas, electric, or gas
				  and electric corporation as those terms are defined in the Transportation
				  Corporations Law, which applies pesticides.
(d) Agricultural animal means any animal that
				  is raised to produce food, clothing or other saleable commodity, along with large
				  farm animals, including but not limited to, horses, mules and oxen.
(e) Agricultural commodity means any plant or
				  part thereof, or animal, or animal product, produced by an individual (including
				  farmers, ranchers, vineyardists, plant propagators, Christmas tree growers,
				  aquaculturists, floriculturists, orchardists, foresters, or other comparable
				  individuals) primarily for sale, consumption, propagation or other use by humans
				  or animals.
(f) Aircraft means any
				  contrivance now known or hereafter invented, used or designed for navigation of,
				  or flight in, the air.
(g)
				  Antimicrobial agents shall mean:
(1)
				  disinfectants intended to destroy or irreversibly inactivate infectious or other
				  undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate
				  objects;
(2) sanitizers intended to
				  reduce the number of living bacteria or viable virus particles on inanimate
				  surfaces, in water, or in air;
(3)
				  bacteriostats intended to inhibit the growth of bacteria in the presence of
				  moisture;
(4) sterilizers intended to
				  destroy viruses and all living bacteria, fungi and their spores, on inanimate
				  surfaces;
(5) fungicides and
				  fungistats intended to inhibit the growth of, or destroy, fungi (including
				  yeasts), pathogenic to humans or other animals on inanimate surfaces;
				  and
(6) commodity preservatives and
				  protectants intended to inhibit the growth of, or destroy bacteria in or on raw
				  materials (such as adhesives and plastics) used in manufacturing, or manufactured
				  products (such as fuel, textiles, lubricants, and paints), but not those utilized
				  in the pulp and paper process or cooling towers.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 325 - APPLICATION OF PESTICIDES › General › Section 325.2 - Requirements for the use of pesticides

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pesticides must be used in such a manner
					 and under such wind and other conditions as to prevent contamination of people,
					 pets, fish, wildlife, crops, property, structures, lands, pasturage or waters
					 adjacent to the area of use.
(b)
					 Pesticides are to be used only in accordance with label and labeling directions
					 or as modified or expanded and approved by the department.
(c) All equipment containing pesticides and
					 drawing water from any water source shall have an effective anti-siphon device to
					 prevent backflow.
(d) During
					 pesticide use, the certified applicator, certified technician or commercial
					 pesticide apprentice must have in their custody a copy of the label for each
					 pesticide being used. The certified applicator, certified technician or
					 commercial pesticide apprentice must make each label available for inspection
					 upon request of the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 325 - APPLICATION OF PESTICIDES › General › Section 325.4 - Cleansing and disposal of pesticide containers and disposal of unwanted or unusable pesticides

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Empty
					 noncombustible pesticide containers must be cleansed before disposal, using the
					 three-rinse technique or other methods approved by the department, as defined in
					 section
					 325.1  of this Part,
					 except that containers of ready-to-use pesticides that do not require dilution
					 must be drained only for one 30-second period.
(b) After rinsing in accordance with the
					 techniques described in section
					 325.1  of this Part,
					 empty noncombustible containers must be disposed of as follows:
(1) nonreturnable containers may be disposed of
					 on the property of the applicator in such a manner as to prevent contamination or
					 in a sanitary landfill operating in accordance with department regulations;
					 and
(2) returnable containers must be
					 tightly closed to prevent leakage, the exterior cleaned and the containers
					 returned to the supplier.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 325 - APPLICATION OF PESTICIDES › General › Section 325.5 - Reuse of pesticide containers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 pesticide container shall be sold or used for any purpose which involves the risk
					 of exposure to humans or animals, including but not limited to, the storage of
					 human or animal food or water; nor shall such containers be used for the storage
					 of cooking utensils, dishes or clothing.
(b) No pesticide containers shall be sold or
					 used for any other purpose unless such purpose has been approved by the
					 commissioner in writing and the containers have been properly
					 decontaminated.