N.Y. Environmental Conservation Law § 72-0301: Definitions

§ 72-0301. Definitions.

When used in this title:

1. The "Act" shall mean the Clean Air Act, 42 U.S.C. §7401 et seq., as

amended by P.L. 101-549, November 15, 1990.

2. "Actual emissions" means the emissions which were emitted to the

ambient air, and shall include fugitive emissions if such emissions are

considered in determining whether a source is a major air contamination

source.

3. "Air contamination source" means all sources required to obtain a

permit, certificate or approval pursuant to article nineteen of this

chapter.

4. "Combustion installation" means one or more furnace, device, engine

or turbine in which fossil fuel or wood is burned with air or oxygen and

the air contaminant emissions include only those products resulting

from:

a. combustion of the fuel;

b. additives or impurities in the fuel; and

c. material introduced for the purpose of altering air contaminant

emissions.

A combustion installation may consist of:

(1) a single furnace exclusively connected to an air cleaning device

or stack; or

(2) two or more furnaces connected to a common air cleaning device or

stack.

5. "Emission point" means any conduit, chimney, duct, vent, flue,

stack or other functionally equivalent opening through which regulated

air contaminants are emitted to the ambient air.

6. "Fugitive emissions" means those emissions of a regulated air

contaminant that could not reasonably pass through an emission point.

7. "Gasoline dispensing site" means any site where gasoline is

dispensed into portable containers used to fuel any motor from any

stationary storage container or containers and that is required to

obtain a permit pursuant to article nineteen of this chapter.

8. "Incinerator" means any structure or furnace in which combustion

takes place and type 0, 1, 2, 3 or 4 refuse, as classified in Table 1 of

6 NYCRR Appendix 2, is used as a fuel, alone or in conjunction with

fossil fuel.

9. "Major air contamination source" shall have the meaning set forth

in subdivision 19 of section 19-0107 of this chapter.

10. "Permitted emission" means those emissions of a regulated air

contaminant which are authorized by permit to be emitted.

11. "Person" means an individual, trust, firm, joint stock company,

corporation (including a government corporation), partnership,

association, state, federal government and any agency thereof,

municipality, commission, political subdivision of a state or any

interstate body.

12. "Potential to emit" means the maximum capacity of a stationary

source to emit any regulated air contaminant under its physical and

operational design. Any physical or operational limitation on the

capacity of such source to emit a regulated air contaminant, including

air pollution control equipment and restrictions on the hours of

operation or on the type or amount of material combusted, stored or

processed, shall be treated as part of its design if the limitation is

enforceable by the commissioner and the administrator of the United

States environmental protection agency provided, however, that physical

or operational limitations enforceable by the commissioner shall be

treated as part of a source's design, if the commissioner is given such

authorization by the administrator.

13. "Process air contamination source" means:

a. any industrial, commercial, agricultural or other activity,

operation, manufacture or treatment (except incineration of type 0, 1,

2, 3 and 4 refuse, as classified in Table 1 of 6 NYCRR Appendix 2, open

burning and operation of combustion installations) in which chemical,

biological or physical properties of the material or materials are

changed, and which emits air contaminants to the outdoor atmosphere; or

b. any system which removes air contamination from any industrial,

commercial, agricultural or other activity, operation, manufacture or

treatment (except incineration of type 0, 1, 2, 3 and 4 refuse, as

classified in Table 1 of 6 NYCRR Appendix 2, open burning and operation

of combustion installations) and transports them from their point of

generation to the outdoor atmosphere.

14. "Regulated air contaminant" shall have the meaning set forth in

subdivision twenty-two of section 19-0107 of this chapter.

15. "Severe ozone nonattainment area" means that part of the state

designated pursuant to section 7407 of the Act as not meeting the

national ambient air quality standard for ozone, as classified under

section 7511 of the Act.

16. "State air quality control program" means those activities of the

department as specified in titles three and five of article nineteen of

this chapter relating to air pollution and air contamination and any

related enforcement activities.