Section 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.