N.Y. Environmental Conservation Law § 19-0903: Definitions

§ 19-0903. Definitions.

As used in this title:

1. "Acid deposition" means the wet or dry deposition from the

atmosphere of chemical compounds, usually in the form of rain or snow,

having the potential to form an aqueous compound with a pH level lower

than the level considered normal under natural conditions, or lower than

5.6, whichever is less.

2. "Acid deposition precursor" means sulfur dioxide or oxides of

nitrogen.

3. "Best available control technology" means an emission limitation or

equipment standard based on the maximum degree of reduction which the

department determines is achievable on a case-by-case basis taking into

account energy, economic, environmental and health impacts and other

costs related to the source.

4. "Coal" means bituminous coal, anthracite coal or lignite.

5. "Conversion or modification" means any construction,

reconstruction, addition to or alteration of any facility or stationary

source or other physical changes to allow burning of coal as a boiler

fuel.

6. "Emission" means the release of acid deposition precursors into the

atmosphere from any facility or stationary source.

7. "Environmental threshold value" means a deposition rate, expressed

in kilograms of sulfate per hectare per year, at which no significant

damaging chemical or biological effects of acid deposition have been

reported, and above which there is high probability that such effects

would occur.

8. "Final control target" means a limitation, expressed in terms of

fuel sulfur content or equivalent emissions reductions, that will reduce

the New York state share of total measured or estimated wet sulfate

deposition in sensitive receptor areas by the percentage derived

according to the following formula:

(Total measured or estimated

New York's contribution to wet sulfate deposition) minus

total measured or esti- (Environmental threshold value)

mated wet sulfate deposition, X _______________________________

expressed as a percentage

Total measured or estimated

wet sulfate deposition

9. "Fossil fuel" means coal, petroleum products and fuel gases.

10. "Interim control target" means a limitation, expressed in terms of

fuel sulfur content, that achieves a level of sulfur deposition

reduction that is approximately forty per centum of the final control

target.

11. "Least emissions dispatch" means the utilization of the cleanest

facility or other stationary source on a priority basis so that less

clean facilities or stationary sources are operated at full capacity

only when need arises.

12. "Major steam electric generating facility" or "facility" means a

steam electric generating facility with a generating capacity of fifty

thousand kilowatts or more which burns fossil fuel.

13. "New emission source" means any new facility or stationary source

that will emit acid deposition precursors in excess of one hundred tons

per year, and is granted a permit to construct pursuant to section

19-0305 of this article after January first, nineteen hundred

eighty-seven.

14. "New source performance standard" means a standard developed by

the department which sets limitations for emissions of acid deposition

precursors from new facilities and new stationary sources.

15. "Sensitive receptor areas" means regions of the state,

encompassing geographically significant land areas not wholly contained

within any county, that the department determines to be susceptible to

the impacts of acid deposition based upon:

a. geological information identifying areas incapable of adequately

neutralizing acid deposition;

b. the presence of plant or animal species that are particularly

sensitive to acid deposition;

c. existing acid deposition reports and data prepared by agencies of

the state or of the federal government; or

d. such other information that the department determines to be

indicative of acid sensitivity.

16. "Special limitation" means a special fuel use limitation for a

specific facility, stationary source, or specified area of the state

promulgated by the department in rules and regulations that permits the

sale, offering for sale, purchase and use of oil or coal with a sulfur

content in excess of established sulfur limits, when acceptable

diffusion analyses have demonstrated to the department's satisfaction

that such use would not contribute to the contravention of any

applicable federal ambient air quality standard nor significantly

increase acid deposition at sensitive receptor areas.

17. "Stationary source" means any source other than major steam

electric generating facilities that emits acid deposition precursors in

excess of one hundred tons per year.