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 201 - Permits And Registrations › Subpart 201-2 - DEFINITIONS › Section 201-2.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the
					 purposes of this Part, the general definitions of Part 200 of this Title
					 apply.
(b) For the purposes of this
					 Part, the following definitions also apply:
(1) '12-month period'. A period of 12
					 consecutive months determined on a rolling basis where a new 12-month period
					 begins on the first day of each calendar month.
(2) 'Actual emissions'. Those emissions
					 resulting from normal daily operations, verifiable by operating records or
					 other compliance monitoring activities, averaged over the prior two years or
					 some other more representative time interval, justified by the applicant to the
					 department's satisfaction.
(3)
					 'Affected source'. A stationary source that includes one or more fossil fuel
					 fired combustion units ("affected" units) that are subject to emission
					 reduction requirements or limitations established in accordance with the
					 Federal Acid Rain Program under title IV of the act.
(4) 'Affected states'. All states and tribal
					 lands:
(i) whose air quality may be affected
					 and that are contiguous to the state where the major stationary source is
					 located for which a title V facility permit, permit modification or permit
					 renewal is being proposed; or
(ii)
					 that are within 50 miles of such major stationary source.
(5) 'Applicable requirement'. A standard or
					 other requirement in State or Federal regulations required under the act as it
					 applies to an emission unit or emission source, including requirements that
					 have been promulgated or approved by EPA through rulemaking at the time of
					 issuance of a permit but have future effective compliance dates. Applicable
					 requirements that are in Federal regulations are listed in Part 200, Table
					 200.10 of this Title. Applicable requirements generally include the following:
(i) any standard or other requirement
					 approved in the New York State Implementation Plan (SIP) that is effective at
					 the time of permit issuance;
(ii)
					 any term or condition of any permit issued pursuant to the requirements of
					 title I of the act, including the Federal Prevention of Significant
					 Deterioration (PSD) Program or new source review in nonattainment areas
					 pursuant to Part 231 of this Title, that are required under the Clean Air Act
					 or are taken by a source to avoid an applicable requirement;
(iii) any standard or requirement promulgated
					 to control emissions under section 111 of the act (including the New Source
					 Performance Standards or NSPS);
(iv) any standard or other requirement
					 promulgated under section 112 of the act, including any requirement to control
					 the accidental release of regulated substances, pursuant to section 112(r)(7)
					 of the act;
(v) any standard,
					 regulation or other requirement of the Acid Rain Program under title IV of the
					 act;
(vi) any compliance assurance
					 requirements established pursuant to section 504(b) or section 114(a)(3) of the
					 act;
(vii) any standard, regulation
					 or other requirement governing solid waste incineration and
					 hospital/medical/infectious waste incineration promulgated under section 129 of
					 the act;
(viii) any standard,
					 regulation or other requirement promulgated to protect stratospheric ozone
					 under title VI of the act unless the administrator has determined that such
					 requirements need not be contained in a permit issued under this
					 Part;
(ix) any standard or other
					 requirement of the program to control air pollution from outer continental
					 shelf facilities under section 328 of the act;
(x) any national ambient air quality
					 standard, increment, or visibility requirement under title 1, part C of the
					 act, but only as it would apply to portable emission sources;
(xi) a standard or other requirement for
					 consumer and commercial products, under section 183(e) of the act;
					 and
(xii) a standard or other
					 requirement for tank vessels, under section 183(f) of the act.
(6) 'Area source'. For the
					 purposes of title V permitting, any stationary source of hazardous air
					 pollutants that is not a major stationary source. For the purposes of this
					 Part, the term area source shall not include motor vehicles or non-road
					 vehicles.
(7) 'Certificate of
					 representation'. The completed and signed submission required by
					 40
					 CFR part 72.20 for certifying the appointment
					 of a designated representative of an affected source or a group of identified
					 affected sources authorized to represent the owners and operator(s) of such
					 sources and of the affected units of such source(s) with regard to matters
					 under the Acid Rain Program.
(8)
					 'Compliance assurance monitoring'. When required under the act, the methodology
					 used by an owner or operator to detect deviations with sufficient accuracy,
					 precision, reliability, frequency and timeliness in order to determine
					 compliance during a reporting period. Compliance assurance monitoring is used
					 for the purpose of demonstrating compliance with the federally enforceable
					 terms and conditions of a title V facility permit and shall meet the
					 requirements promulgated pursuant to sections 504(b) and 114(a)(3) of the
					 act.
(9) 'Construction'. The
					 initiation of physical on-site construction activities which are of a permanent
					 nature excluding site clearing and excavation. Such activities include, but are
					 not limited to, installation of building supports and foundations, laying
					 underground pipework and construction of permanent storage
					 structures.
(10) 'Designated
					 representative.' A responsible natural person or official authorized by the
					 owner and operator of an affected source and of all affected units at such
					 source as evidenced by a certificate of representation submitted in accordance
					 with subpart B of  40 CFR part 72, to represent and legally bind each owner and
					 operator, as a matter of Federal law, in matters pertaining to the Acid Rain
					 Program. Whenever the term responsible official is used in this Part or in any
					 other regulations implementing title V of the act, it shall be deemed to refer
					 to the designated representative with regard to all matters under title IV of
					 the act.
(11) 'Draft permit.' The
					 version of a permit offered for public and affected State review under this
					 Part and Part 621 of this Title.
(12) 'Emergency'. Any event arising from
					 sudden and reasonably unforeseeable circumstances beyond the control of the
					 owner or operator of a facility, which causes an emission source to exceed a
					 specific permit condition or an applicable requirement. An emergency shall not
					 include events caused by improperly designed equipment, lack of preventive
					 maintenance, careless or improper operation, or operator error.
(13) 'Emission cap'. A federally enforceable
					 limit, term, or condition imposed by a permit, or through regulation, that
					 restricts emissions for the purpose of avoiding an applicable requirement to
					 which the stationary source would otherwise be subject, to establish
					 enforceable emission reductions or to avoid the requirement to obtain a title V
					 facility permit. An emission cap can be facility-wide or limited to one or more
					 emission units.
(14) 'Emission
					 unit'.
(i) Any part or activity of a
					 stationary source that emits or has the potential to emit any regulated air
					 pollutant. An emission unit is represented as a grouping of processes for any
					 one of the following:
('a') a single emission
					 point; or
('b') a group of emission
					 points provided that the appropriate compliance assurance methods can be
					 demonstrated to the satisfaction of the department; or
('c') a facility-wide process that cannot be
					 reasonably associated with one emission point or a group of emission
					 points.
(ii) In defining
					 an emission unit, the following applies:
('a') A defined emission source can only be
					 cited in one emission unit.
('b') A
					 defined emission point can only be cited in one emission unit.
('c') A defined emission point can only be
					 cited in one issued permit.
('d') A
					 defined emission unit can only be cited in one issued permit.
This term is not meant to alter or affect the definition
						of the term 'unit' for the purpose of regulating stationary sources subject to
						title IV of the act.
(15) 'Final permit'. The permit issued by the
					 department that has been subject to all applicable review procedures required
					 by this Title.
(16)
					 'Reserved'.
(17)
					 'Reserved'.
(18) 'General permit'.
					 A permit that may be used to authorize the construction and/or operation of
					 numerous uniform or similar emission source types or categories as an
					 alternative to individual project-specific permitting. General permits may
					 authorize a whole facility or one or more processes or emission units at a
					 facility, as described in Subpart 201-8 of this Part.
(19) 'Generally available control technology
					 or GACT'. Control techniques that are generally available for the reduction and
					 minimization of emissions through the application of control equipment, work
					 practices, efficient process design, or best management practices, considering
					 environmental, energy and economic impact.
(20) 'Laboratory operations'. A workplace
					 where small quantities of chemicals are used for research and development,
					 analytical testing or other support services. Equipment in laboratory
					 operations is designed such that it is easily and safely handled by one person.
(21) 'Major stationary source or
					 major source or major facility'. Any stationary source or any group of
					 stationary sources, any source or any group of sources, or any facility or any
					 group of facilities, that is located on one or more contiguous or adjacent
					 properties and is under common control, belonging to a single major industrial
					 grouping and that are described in subparagraph (i), (ii), (iv), or (v) of this
					 paragraph. For the purposes of this definition, a stationary source, source, or
					 facility or group of stationary sources, sources, or facilities shall be
					 considered part of a single industrial grouping if all of the air pollutant or
					 air contaminant emitting activities at such stationary source, source, or
					 facility, or any group of stationary sources, sources, or facilities on
					 contiguous or adjacent properties belong to the same major group (i.e., all
					 have the same two-digit code), as described in the 'Standard Industrial
					 Classification Manual', 1987. Stand alone or common wall residential housing
					 units including compatible commercial activities, which are not regulated by
					 other applicable requirements, where the potential to emit for individual
					 associated combustion or emission sources are below major stationary source,
					 major source, or major facility applicability thresholds (notwithstanding that
					 the sum of these individual combustion or emission sources could exceed major
					 stationary source, major source, or major facility applicability thresholds)
					 shall not be considered a major stationary source, major source, or major
					 facility.
(i) Except as otherwise expressly
					 provided in this paragraph, a stationary source, source, or facility that
					 directly emits or has the potential to emit, 100 tons per year (tpy) or more of
					 any air pollutant or air contaminant regulated under the act except for
					 greenhouse gases (including any stationary source, source or facility which
					 emits only fugitive emissions, of any such pollutant or contaminant, as
					 determined through regulation by the administrator). Fugitive emissions shall
					 not be considered in determining whether a stationary source, source, or
					 facility is major unless it be longs to one of the source categories identified
					 in subparagraph (iii) of this paragraph.
(ii) For hazardous air pollutants other than
					 radionuclides, a stationary source, source, or facility that emits or has the
					 potential to emit, in the aggregate, 10 tpy or more of any hazardous air
					 pollutant as defined in Part 200 of this Title (including any fugitive
					 emissions of such pollutant), 25 tpy or more of any combination of such
					 hazardous air pollutants (including any fugitive emissions of such pollutants),
					 or such lesser quantity as the administrator may establish by rule. For
					 radionuclides the meaning of major stationary source, major source, or major
					 facility shall be specified by the administrator by rule . Notwithstanding the
					 preceding sentence, emissions from any oil or gas exploration or oil and gas
					 production well (with its associated equipment) and the emissions from any
					 pipeline compressor station or pump station shall not be aggregated with
					 emissions from other units, whether or not such units are in a contiguous area
					 or under common control, to determine whether such units or stations are major
					 stationary sources, major sources, or major facilities.
(iii) source category list:
('a') coal cleaning plants (with thermal
					 dryers);
('b') kraft pulp
					 mills;
('c') portland cement
					 plants;
('d') primary zinc
					 smelters;
('e') iron and steel
					 mills;
('f') primary aluminum ore
					 reduction plants;
('g') primary
					 copper smelters;
('h') municipal
					 incinerators capable of charging more than 50 tons of refuse per day;
('i') hydrofluoric, sulfuric, or nitric acid
					 plants;
('j') petroleum
					 refineries;
('k') lime
					 plants;
('l') phosphate rock
					 processing plants;
('m') coke oven
					 batteries;
('n') sulfur recovery
					 plants;
('o') carbon black plants
					 (furnace process);
('p') primary
					 lead smelters;
('q') fuel conversion
					 plants;
('r') sintering
					 plants;
('s') secondary metal
					 production plants;
('t') chemical
					 process plants (excluding ethanol production facilities that produce ethanol by
					 natural fermentation included in NAICS codes 325193 or 312140);
('u') fossil-fuel boilers (or combination
					 thereof) totaling more than 250 million British thermal units per hour heat
					 input;
('v') petroleum storage and
					 transfer units with a total storage capacity exceeding 300,000
					 barrels;
('w') taconite ore
					 processing plants;
('x') glass
					 fiber processing plants;
('y')
					 charcoal production plants;
('z')
					 fossil-fuel-fired steam electric plants of more than 250 million British
					 thermal units per hour heat input; or
('aa') all other source categories regulated
					 by a standard under section 111 or section 112 of the act.
(iv) A stationary source, source, or facility
					 that is located in a nonattainment area or an attainment area of the State
					 within the ozone transport region where the stationary source, source, or
					 facility potential to emit equals or exceeds the emissions thresholds (in tpy)
					 identified in clause ('a'), ('b'), ('c'), ('d'), or ('e') of this subparagraph.
					 Fugitive emissions shall not be considered in determining whether a stationary
					 source, source, or facility is major unless it belongs to one of the source
					 categories listed in subparagraph (iii) of this paragraph.
(a) For areas classified as marginal or
					 moderate ozone nonattainment, any stationary source, source, or facility with
					 the potential to emit 100 tpy or more of oxides of nitrogen
					 (NOx) or 50 tpy or more of volatile organic compounds
					 (VOC).
(b) In the New York City
					 metropolitan area or the Orange County towns of Blooming Grove, Chester,
					 Highlands, Monroe, Tuxedo, Warwick, or Woodbury, any stationary source, source,
					 or facility with the potential to emit 25 tpy or more of
					 NOx or VOC.
(c) For attainment areas of the State within
					 the ozone transport region, any stationary source, source, or facility with the
					 potential to emit 100 tpy or more of NOx or 50 tpy or
					 more of VOC.
(d) For areas
					 classified as moderate PM-10 nonattainment, any stationary source, source, or
					 facility with the potential to emit 100 tpy or more of PM-10.
(e) For areas classified as PM-2.5
					 nonattainment, any stationary source, source, or facility with the potential to
					 emit 100 tpy or more of PM-2.5.
(v) For purposes of determining the
					 applicability of Part 231 of this Title with respect to prevention of
					 significant deterioration (PSD) requirements only, a stationary source, source,
					 or facility located in an attainment area of the State where the stationary
					 source, source, or facility potential to emit of any attainment contaminant
					 regulated under the act, except for greenhouse gases, equals or exceeds 250
					 tpy, or equals or exceeds 100 tpy if the stationary source, source, or facility
					 be longs to one of the source categories listed in clauses (iii)('a') through
					 ('z') of this paragraph. Fugitive emissions shall not be considered in
					 determining whether a stationary source, source, or facility is major unless it
					 belongs to one of the source categories listed in subparagraph (iii) of this
					 paragraph.
(22)
					 'Malfunction'. Any sudden, infrequent, and not reasonably preventable failure
					 of an air cleaning device or air contamination source to operate in compliance
					 with all applicable Parts of this Title, not including failures that are caused
					 entirely or partially by improper maintenance, careless operation, or other
					 preventable conditions.
(23)
					 Reserved.
(24) 'Portable emission
					 source'. An emission source that can be carried or moved . Indicators of
					 portability include, but are not limited to, wheels, skids, carrying handles,
					 dolly or trailer. A portable emission source shall be treated as a stationary
					 emission source if it remains at the same facility for 12 consecutive months.
(25) 'Proposed permit'. The
					 version of a permit that the department proposes to issue and forward s to the
					 administrator for review.
(26)
					 'Renewal'. The reissuance, recertification or extension of any permit or
					 registration for previously approved activities which will be continued without
					 material change at the same facility.
(27) 'Research and development activities'.
					 The primary purpose of such activities is to conduct research and development
					 into processes and products, where such activities are conducted under the
					 close supervision of technically trained personnel. Research and development
					 activities do not include activities whose primary purpose is to produce
					 commercial quantities of materials.
(28) 'Responsible official'. A president,
					 vice president, secretary, treasurer, general partner, proprietor, principal
					 executive officer, ranking elected official, or any other person who performs
					 policy or decision making functions and is authorized to legally bind a
					 corporation, partnership, sole proprietorship, or government entity which owns
					 or operates a facility that is subject to the provisions of this Part. When
					 ever the term 'responsible official' is used in this Part or in any other
					 regulations implementing title V of the act, it shall be deemed to refer to the
					 "designated representative" with regard to all matters under title IV o f the
					 act.
(29) 'Temporary emission
					 source'.
(i) An emission source that is
					 transient in nature and will be operated at a facility for a single period of
					 less than 90 consecutive days commencing from the first day of operation to the
					 date of removal; or
(ii) An
					 emission source that will be constructed and operated for less than 30 days per
					 calendar year and then removed.