N.Y. ENV Law § 19-0903

§ 19-0903. Definitions.\n As used in this title:\n 1. "Acid deposition" means the wet or dry deposition from the\natmosphere of chemical compounds, usually in the form of rain or snow,\nhaving the potential to form an aqueous compound with a pH level lower\nthan the level considered normal under natural conditions, or lower than\n5.6, whichever is less.\n 2. "Acid deposition precursor" means sulfur dioxide or oxides of\nnitrogen.\n 3. "Best available control technology" means an emission limitation or\nequipment standard based on the maximum degree of reduction which the\ndepartment determines is achievable on a case-by-case basis taking into\naccount energy, economic, environmental and health impacts and other\ncosts related to the source.\n 4. "Coal" means bituminous coal, anthracite coal or lignite.\n 5. "Conversion or modification" means any construction,\nreconstruction, addition to or alteration of any facility or stationary\nsource or other physical changes to allow burning of coal as a boiler\nfuel.\n 6. "Emission" means the release of acid deposition precursors into the\natmosphere from any facility or stationary source.\n 7. "Environmental threshold value" means a deposition rate, expressed\nin kilograms of sulfate per hectare per year, at which no significant\ndamaging chemical or biological effects of acid deposition have been\nreported, and above which there is high probability that such effects\nwould occur.\n 8. "Final control target" means a limitation, expressed in terms of\nfuel sulfur content or equivalent emissions reductions, that will reduce\nthe New York state share of total measured or estimated wet sulfate\ndeposition in sensitive receptor areas by the percentage derived\naccording to the following formula:\n (Total measured or estimated\nNew York's contribution to wet sulfate deposition) minus\ntotal measured or esti- (Environmental threshold value)\nmated wet sulfate deposition, X _______________________________\nexpressed as a percentage\n Total measured or estimated\n wet sulfate deposition\n 9. "Fossil fuel" means coal, petroleum products and fuel gases.\n 10. "Interim control target" means a limitation, expressed in terms of\nfuel sulfur content, that achieves a level of sulfur deposition\nreduction that is approximately forty per centum of the final control\ntarget.\n 11. "Least emissions dispatch" means the utilization of the cleanest\nfacility or other stationary source on a priority basis so that less\nclean facilities or stationary sources are operated at full capacity\nonly when need arises.\n 12. "Major steam electric generating facility" or "facility" means a\nsteam electric generating facility with a generating capacity of fifty\nthousand kilowatts or more which burns fossil fuel.\n 13. "New emission source" means any new facility or stationary source\nthat will emit acid deposition precursors in excess of one hundred tons\nper year, and is granted a permit to construct pursuant to section\n19-0305 of this article after January first, nineteen hundred\neighty-seven.\n 14. "New source performance standard" means a standard developed by\nthe department which sets limitations for emissions of acid deposition\nprecursors from new facilities and new stationary sources.\n 15. "Sensitive receptor areas" means regions of the state,\nencompassing geographically significant land areas not wholly contained\nwithin any county, that the department determines to be susceptible to\nthe impacts of acid deposition based upon:\n a. geological information identifying areas incapable of adequately\nneutralizing acid deposition;\n b. the presence of plant or animal species that are particularly\nsensitive to acid deposition;\n c
tate,\nencompassing geographically significant land areas not wholly contained\nwithin any county, that the department determines to be susceptible to\nthe impacts of acid deposition based upon:\n a. geological information identifying areas incapable of adequately\nneutralizing acid deposition;\n b. the presence of plant or animal species that are particularly\nsensitive to acid deposition;\n c. existing acid deposition reports and data prepared by agencies of\nthe state or of the federal government; or\n d. such other information that the department determines to be\nindicative of acid sensitivity.\n 16. "Special limitation" means a special fuel use limitation for a\nspecific facility, stationary source, or specified area of the state\npromulgated by the department in rules and regulations that permits the\nsale, offering for sale, purchase and use of oil or coal with a sulfur\ncontent in excess of established sulfur limits, when acceptable\ndiffusion analyses have demonstrated to the department's satisfaction\nthat such use would not contribute to the contravention of any\napplicable federal ambient air quality standard nor significantly\nincrease acid deposition at sensitive receptor areas.\n 17. "Stationary source" means any source other than major steam\nelectric generating facilities that emits acid deposition precursors in\nexcess of one hundred tons per year.\n