§ 72-0301 — Definitions

§ 72-0301. Definitions.\n When used in this title:\n 1. The "Act" shall mean the Clean Air Act, 42 U.S.C. §7401 et seq., as\namended by P.L. 101-549, November 15, 1990.\n 2. "Actual emissions" means the emissions which were emitted to the\nambient air, and shall include fugitive emissions if such emissions are\nconsidered in determining whether a source is a major air contamination\nsource.\n 3. "Air contamination source" means all sources required to obtain a\npermit, certificate or approval pursuant to article nineteen of this\nchapter.\n 4. "Combustion installation" means one or more furnace, device, engine\nor turbine in which fossil fuel or wood is burned with air or oxygen and\nthe air contaminant emissions include only those products resulting\nfrom:\n a. combustion of the fuel;\n b. additives or impurities in the fuel; and\n c. material introduced for the purpose of altering air contaminant\nemissions.\n A combustion installation may consist of:\n (1) a single furnace exclusively connected to an air cleaning device\nor stack; or\n (2) two or more furnaces connected to a common air cleaning device or\nstack.\n 5. "Emission point" means any conduit, chimney, duct, vent, flue,\nstack or other functionally equivalent opening through which regulated\nair contaminants are emitted to the ambient air.\n 6. "Fugitive emissions" means those emissions of a regulated air\ncontaminant that could not reasonably pass through an emission point.\n 7. "Gasoline dispensing site" means any site where gasoline is\ndispensed into portable containers used to fuel any motor from any\nstationary storage container or containers and that is required to\nobtain a permit pursuant to article nineteen of this chapter.\n 8. "Incinerator" means any structure or furnace in which combustion\ntakes place and type 0, 1, 2, 3 or 4 refuse, as classified in Table 1 of\n6 NYCRR Appendix 2, is used as a fuel, alone or in conjunction with\nfossil fuel.\n 9. "Major air contamination source" shall have the meaning set forth\nin subdivision 19 of section 19-0107 of this chapter.\n 10. "Permitted emission" means those emissions of a regulated air\ncontaminant which are authorized by permit to be emitted.\n 11. "Person" means an individual, trust, firm, joint stock company,\ncorporation (including a government corporation), partnership,\nassociation, state, federal government and any agency thereof,\nmunicipality, commission, political subdivision of a state or any\ninterstate body.\n 12. "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 the hours of\noperation or on the type or amount of material combusted, stored or\nprocessed, shall be treated as part of its design if the limitation is\nenforceable by the commissioner and the administrator of the United\nStates environmental protection agency provided, however, that physical\nor operational limitations enforceable by the commissioner shall be\ntreated as part of a source's design, if the commissioner is given such\nauthorization by the administrator.\n 13. "Process air contamination source" means:\n a. any industrial, commercial, agricultural or other activity,\noperation, manufacture or treatment (except incineration of type 0, 1,\n2, 3 and 4 refuse, as classified in Table 1 of 6 NYCRR Appendix 2, open\nburning and operation of combustion installations) in which chemical,\nbiological or physical properties of the material or materials are\nchanged, and which emits air contaminants to the outdoor atmosphere; or\n b. any system which removes air contamination from any industrial,\ncommercial, agricultural or other activity, operation, manufacture or\ntreatment (except incineration of type 0, 1, 2, 3 and 4 refuse, as\nclassified in Table 1 of 6 NYCRR Appendix 2, open burning and operation\nof combustion installations) and transports them from their point of\ngeneration to the outdoor atmosphere.\n 14. "Regulated air contaminant" shall have the meaning set forth in\nsubdivision twenty-two of section 19-0107 of this chapter.\n 15. "Severe ozone nonattainment area" means that part of the state\ndesignated pursuant to section 7407 of the Act as not meeting the\nnational ambient air quality standard for ozone, as classified under\nsection 7511 of the Act.\n 16. "State air quality control program" means those activities of the\ndepartment as specified in titles three and five of article nineteen of\nthis chapter relating to air pollution and air contamination and any\nrelated enforcement activities.\n