§ 19-0107 — Definitions

§ 19-0107. Definitions.\n When used in this article:\n 1. "Person" means any individual, public or private corporation,\npolitical subdivision, agency, board, department or bureau of the state,\nmunicipality, partnership, association, firm, trust, estate or any other\nlegal entity whatsoever which is recognized by law as the subject of\nrights and duties.\n 2. "Air contaminant" means a dust, fume, gas, mist, odor, smoke,\nvapor, pollen, noise or any combination thereof.\n 3. "Air pollution" means the presence in the outdoor atmosphere of one\nor more air contaminants in quantities, of characteristics and of a\nduration which are injurious to human, plant or animal life or to\nproperty or which unreasonably interfere with the comfortable enjoyment\nof life and property throughout the state or throughout such areas of\nthe state as shall be affected thereby; excluding however all conditions\nsubject to the requirements of the Labor Law and Industrial Code.\n 4. "Air contamination" means the presence in the outdoor atmosphere of\none or more air contaminants which contribute or which are likely to\ncontribute to a condition of air pollution.\n 5. "Air contamination source" means any source at, from or by reason\nof which there is emitted into the atmosphere any air contaminant,\nregardless of who the person may be who owns or operates the building,\npremises or other property in, at or on which such source is located or\nthe facility, equipment or other property by which the emission is\ncaused or from which the emission comes. Without limiting the generality\nof the foregoing, this term includes all types of commercial and\nindustrial plants and works, heating and power plants and stations,\nshops and stores; buildings and other structures of all types, including\nsingle and multiple family residences, apartment houses, office\nbuildings, public buildings, hotels, restaurants, schools, hospitals,\nchurches, and other institutional buildings; automobiles, trucks,\ntractors, buses and other motor vehicles (hereinafter called "motor\nvehicles"); garages; vending and service locations and stations;\nrailroad locomotives; ships, boats and other waterborne craft; aircraft;\nportable fuel-burning equipment; incinerators of all types, indoor and\noutdoor; and refuse dumps and piles.\n 6. "Air cleaning installation" means any method, process or equipment\nwhich removes, reduces or renders less noxious air contaminants\ndischarged into the atmosphere.\n 7. "Area of the state" means any county, city, town, village, or other\ngeographical area of the state as may be designated by the department.\n 8. "The Act" means the Federal Clean Air Act, 42 U.S.C. Section 7401\net seq., as amended by Public Law 101-549, November fifteenth, nineteen\nhundred ninety.\n 9. "Administrator" means the administrator of the United States\nenvironmental protection agency.\n 10. "Affected source" or "affected unit" shall have the meaning given\nto it in the regulations promulgated under Title IV of the Act.\n 11. "Clean alternative fuels" means fuels, for use in motor vehicles\nwhich meet the requirements of section 7511a(c)(4) of the Act.\n 12. "Clean fuel vehicle" means a vehicle in a class or category of\nvehicles which has been certified to meet, for any model year, the clean\nfuel vehicle standards for clean fuel vehicles specified in this article\npursuant to section 7583 of the Act.\n 13. "Covered fleet" means ten or more motor vehicles which are owned\nor operated by a single person in an area designated as being a severe\nozone non-attainment area by the administrator pursuant to Title I of\nthe Act. In determining the number of motor vehicles owned or operated\nby a single person for the purposes of this article, all motor vehicles\nowned or operated, leased or otherwise controlled by such person, by any\nperson who controls such person, by any person controlled by such\nperson, and by any person under common control with such person shall be\ntreated as owned by such person. The term "covered fleet" shall not\ninclude motor vehicles held for lease or rental to the general public,\nmotor vehicles held for sale by motor vehicle dealers including\ndemonstration vehicles, motor vehicles used for motor vehicle\nmanufacturer product evaluations or tests, law enforcement and other\nemergency vehicles, or non-road vehicles including farm and construction\nvehicles.\n 14. "Covered fleet vehicle" means only a motor vehicle which is (i) in\na covered fleet which is centrally fueled or is capable of being\ncentrally fueled and (ii) in a vehicle class for which standards are\napplicable under this article.\n 15. "Emission offset" or "offset" means emission reductions or\nemission reduction credits which are required to be obtained by an air\ncontamination source in order to obtain approval for a permit to\nconstruct a new air contamination source, or modify an existing air\ncontamination source, in a non-attainment area pursuant to Title I of\nthe Act.\n 16. "Emission reduction" or "emission reduction credit" means the\nactual decrease in emissions of a regulated air contaminant in tons per\nyear. Emission reductions may be created by, but not limited to,\nproduct, process, pollution control or housekeeping changes that:\n a. reduce emissions beyond that which is required by the Act;\n b. are real and actually occur;\n c. are quantifiable;\n d. are enforceable by the commissioner or the administrator; and\n e. are assured for the life of a corresponding increase.\n 17. "Fugitive emissions" means those emissions of regulated air\ncontaminants which could not reasonably pass through a stack, chimney,\nvent or other functionally-equivalent openings.\n 18. "Operating permit" means a permit issued pursuant to section\n19-0311 of this article.\n 19. "Major air contamination source" or "major stationary source"\nmeans any stationary source or any group of stationary sources located\nwithin a contiguous area and under common control and belonging to a\nsingle major industrial grouping that:\n a. emits or has the potential to emit one hundred tons per year of any\nregulated air contaminant; or\n b. emits or has the potential to emit ten tons per year of any air\ncontaminant or twenty-five tons per year of any combination of air\ncontaminants listed under section 7412(b) of the Act, including fugitive\nemissions of such contaminants, or lesser quantities as the\nadministrator may establish pursuant to the Act; or\n c. emits or has the potential to emit twenty-five tons per year of\nvolatile organic compounds or oxides of nitrogen, including fugitive\nemissions of such contaminants if located in an area designated a\n"severe non-attainment area" pursuant to section 7511 of the Act; or\n d. emits or has the potential to emit fifty tons per year of volatile\norganic compounds or one hundred tons of oxides of nitrogen if located\nin an ozone transport region pursuant to section 7511(c) of the Act.\n Fugitive emissions from a stationary source must be considered in\ndetermining whether such stationary source is a major stationary source\nfor permit requirements if the source belongs to one of the categories\nof stationary sources identified by the administrator in regulation\npursuant to section 7602(j) of the Act.\n 20. "Major industrial grouping" means all activities belonging to the\nsame major group identified in the Standard Industrial Classification\nManual (1987) published by the United States department of commerce.\n 21. "Potential to emit" means the maximum capacity of a stationary\nsource to emit any regulated air contaminant under its physical and\noperational design. Any physical or operational limitation on the\ncapacity of such source to emit a regulated air contaminant, including\nair pollution control equipment and restrictions on hours of operation\nor on the type or amount of material combusted, stored, or processed,\nshall be treated as part of its design if the limitation is enforceable\nby the commissioner and the administrator of the United States\nenvironmental protection agency provided, however, that physical or\noperational limitations enforceable by the commissioner shall be treated\nas part of a source's design, if the commissioner is given such\nauthorization by the administrator.\n 22. "Regulated air contaminant" means the following:\n a. oxides of nitrogen;\n b. volatile organic compounds;\n c. sulfur dioxide;\n d. particulate;\n e. carbon monoxide;\n f. any class I or II substance subject to a standard promulgated\npursuant to section 7671 of the Act;\n g. any other air contaminant for which a national ambient air quality\nstandard has been promulgated; or\n h. any air contaminant that is regulated under section 7411 or 7412\n(b) and (c) of the Act and which the commissioner has listed in\nregulation. The department may use emergency rulemaking pursuant to\nsubdivision six of section two hundred two of the state administrative\nprocedure act if necessary, in order to timely list such air\ncontaminants.\n 23. "State implementation plan" or "SIP" means documents prepared by\nthe department, and submitted to the administrator for approval, which\nidentify actions and programs to be undertaken by the state and its\nsubdivisions to implement the Act.\n 24. "Stationary source" means any building, structure, facility or\ninstallation that emits or may emit any regulated air contaminant.\n