N.Y. Comp. Codes R. & Regs. tit. 6 § 201-2.1 : DEPARTMENT OF ENVIRONMENTAL CONSERVATION — Air Resources — Prevention And Control Of Air Contamination And Air Pollution — Permits And Registrations —2 - DEFINITIONS —2.1 - Definitions

(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 (NO _x) 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 NO _x 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 NO _x 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.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 201-2.1

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/24/2021