(1) Actual emissions. For the purposes of determining the baseline concentration, and the calculation of air quality impacts according to section 231-12.2 of this Part, the actual rate of emissions of a regulated NSR contaminant from an emission source, as determined in accordance with the following subparagraphs:

(2) Adverse impact on visibility. Visibility impairment which interferes with the management, protection, preservation or enjoyment of the visitor's visual experience of the Federal class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairment.

(3) Allowable emissions. This definition applies only for the purposes of determining the baseline concentration and the calculation of air quality impacts according to section 231-12.2 of this Part. The emission rate of a facility calculated using the maximum rated capacity of the facility (unless the facility is subject to permit conditions which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

(4) Baseline actual emissions. The annual rate of emissions of a regulated NSR contaminant from an emission source determined as follows:

(5) Baseline area. Any intrastate area (and every part thereof), designated as attainment or unclassifiable under section 107 of the act, in which the major facility or NSR major modification establishing the minor facility baseline date would construct or would have an air quality impact equal to or greater than 1 µg/m³ (annual average) for NO₂, SO₂ or PM-10; or equal to or greater than 0.3 µg/m³ (annual average) for PM-2.5.

(6) Baseline concentration.

(7) Baseline period. A period of time used to quantify a creditable emission increase, an ERC, or project emission potential. The baseline period consists of any 24 consecutive months within the five years immediately preceding the date identified below (if less than 24 consecutive months of operation exist, this period of operation must be used as the baseline period):

(8) Begin actual construction. In general, initiation of physical on-site construction activities on an emission source which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipe work and construction of permanent storage structures. With respect to a change in method of operations, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.

(9) Best available control technology (BACT). An emissions limitation based on the maximum degree of reduction for each air pollutant subject to regulation under the act which would be emitted from or which results from any proposed major facility or NSR major modification which the department, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such proposed major facility or NSR major modification through application of production processes or available methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of such air pollutant. In no event shall application of BACT result in emissions of any air pollutant which would exceed the emissions allowed by any applicable standard established pursuant to section 7411 or 7412 of the act. Emissions from any source utilizing clean fuels, or any other means, to comply with this paragraph shall not be allowed to increase above levels that would have been required under this paragraph as it existed prior to enactment of the Clean Air Act amendments of 1990.

(10) Calendar year. A period of one year beginning January 1st, and ending midnight December 31st.

(11) CO₂ equivalent (CO₂e). The sum of each of the six greenhouse gases (GHGs) multiplied by their respective global warming potentials. The global warming potentials can be found in Table 9 of Subpart 231-13 of this Part.

(12) Commence construction. The date on which the owner or operator has all necessary preconstruction approvals or permits (including those permits or approvals required under Federal air quality control laws and those which are part of the State Implementation Plan) and has either:

With respect to a change in the method of operation, commence construction refers to those on-site activities other than preparatory activities which mark the initiation of the change.

(13) Commence(s) operation or commencement of operation.

(14) Contemporaneous. The time period used in a net emission increase determination for a regulated NSR contaminant as follows:

(15) Creditable emission increase. Any increase in emissions of a regulated NSR contaminant in tpy from an existing major facility, other than such an increase from any proposed modification of the existing major facility that is under review by the department, which:

(16) Curtailment. A restriction on the operation of an emission source at an existing facility included in a permit, which results in an emission reduction and reflects a partial reduction in hours of operation or capacity utilization of such emission source.

(17) Electric utility steam generating unit. Any steam-electric generating unit constructed for the purpose of supplying more than one third of its potential electric output capacity and more than 25 megawatts of electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity.

(18) Emission offset. ERCs or emission reductions which are required to be obtained by a proposed new or modified facility, which is or will be located in a nonattainment area or an attainment area of the State within the ozone transport region, in order to obtain a permit to construct and/or operate a new or modified facility.

(19) Emission reduction credit, ERC. The actual decrease in emissions of a regulated NSR contaminant, in tpy, determined in accordance with the requirements of Subpart 231-10 of this Part.

(20) Emission source shutdown. For the purposes of establishing ERCs:

(21) Facility shutdown. For the purposes of establishing ERCs, the permanent removal from service of all emission sources at a facility, as reflected by the surrender to the department of the applicable title V or State facility permit, or registration.

(22) Federal class I area. All of the following areas which were in existence on August 7, 1977 shall be Federal class I areas and may not be redesignated:

(23) Federal land manager. With respect to any class I lands of the United States, the secretary of the department with authority over such class I lands.

(24) Future reductions. Reductions which are scheduled to occur subsequent to the issuance of a permit for a new or modified major facility using the reductions.

(25) Internal offset. ERCs of volatile organic compounds (VOC) or NO_x, in the severe ozone nonattainment area only, from emission sources within the same existing major facility as a proposed NSR major modification, which physically occur on or after November 15, 1990. Such reductions must meet the requirements of this Part.

(26) Major facility baseline date. This date is:

(27) Major PAL emission source. For the purposes of Subpart 231-9 of this Part, any emission source located in an attainment area that emits or has the potential to emit 100 tpy or more of a PAL contaminant; or any emission source located in a nonattainment area that emits or has the potential to emit a PAL contaminant in an amount that is equal to or greater than the major facility threshold for the PAL contaminant.

(28) Minor PAL emission source. For the purposes of Subpart 231-9 of this Part, an emission source that emits or has the potential to emit a PAL contaminant in an amount less than the significant project threshold as listed in Subpart 231-13 of this Part or in the act, whichever is lower, for that PAL contaminant.

(29) Minor facility baseline date. The earliest date after the trigger date on which a major facility or a NSR major modification subject to Subpart 231-7 or 231-8 of this Part submits a complete application (as defined in section 621.2 of this Title).

(30) Modification. Any physical change in, or change in the method of operation of, a facility which results in a level of annual emissions (not including any emission reductions) in excess of the baseline actual emissions of any regulated NSR contaminant emitted by such facility or which results in the emission of any regulated NSR contaminant not previously emitted. A modification shall not include the following:

(31) Net emission increase. The aggregate increase in emissions of a regulated NSR contaminant, other than GHGs, in tpy at an existing major facility resulting from the sum of:

(32) Nonattainment contaminant. A regulated NSR contaminant emitted by an emission source located or proposed to be located in an area designated in Part 200 of this Title as nonattainment for that contaminant. All of New York State is within the ozone transport region as designated by the act. Therefore, VOC and NO_x are treated as nonattainment contaminants statewide as precursors of ozone. PM-2.5 precursors are treated as nonattainment contaminants in areas within New York State that are designated as nonattainment for PM-2.5.

(33) NSR major modification. Any modification of a major facility that would equal or exceed the applicable significant project threshold of a regulated NSR contaminant in table 3, table 4, or table 6 of Subpart 231-13 of this Part; and would result in a significant net emissions increase of that contaminant from the major facility.

(34) Offset ratio. The ratio of a required ERC, on a nonattainment contaminant specific basis, to the project emission potential of a modification at an existing facility or the potential to emit of a new facility, as applicable.

(35) Permanent. Permanent relative to an ERC from an emission source means that the reduction is irreversible through the life of the emission source except as provided in this Part.

(36) Plantwide applicability limitation (PAL). A facility-wide emission limitation for a regulated NSR contaminant at a major facility that is expressed in tpy and is included in the facility's permit.

(37) PAL contaminant. The regulated NSR contaminant for which a PAL is established at a major facility.

(38) PAL effective date. The date of issuance of the permit which establishes a PAL. The PAL effective date for a facility that undergoes a modification which increases a prior PAL is the date when the modification commences operation and begins to emit the PAL contaminant.

(39) PAL effective period. The period beginning with the PAL effective date and ending 10 years later or, the date of expiration of the title V permit following the renewal of the title V permit which established the PAL, whichever is earlier. Thereafter, the effective period is 10 years from date of issuance of the title V permit. The effective period is not to exceed 10 years.

(40) PAL major modification. Notwithstanding the definitions for NSR major modification and net emissions increase, any modification of a facility with a PAL that causes it to emit the PAL contaminant at a level equal to or greater than the PAL.

(41) Project emission potential. Project emission potential is determined only for modifications at existing facilities.

(42) Projected actual emissions. The maximum annual rate, in tpy, at which an existing emission source is projected to emit a regulated NSR contaminant in any one of the five years (12-month period) following the date the source commences operation after a modification, or in any one of the 10 years following that date if the project involves increasing the emission source's design capacity or its potential to emit that regulated NSR contaminant and full utilization of the emission source would result in exceeding the applicable significant project threshold in table 3, 4 or 6 of Subpart 231-13 of this Part or a significant net emissions increase at the major facility. Projected actual emissions are calculated only for existing major facilities.

(43) Quantifiable. A reliable basis must exist for calculating the amount and the rate of the emissions increase or reduction, along with a description of the characteristics of such increase or reduction. The same method must be used to quantify emissions before and after the emissions increase or reduction, unless the department approves an alternate method.

(44) Reasonable further progress. Annual incremental reductions in emissions of a nonattainment contaminant required by applicable regulations and implementation plans to ensure timely attainment of the corresponding national ambient air quality standard.

(45) Regulated NSR contaminant. A regulated NSR contaminant is any one of the following:

(46) Secondary emissions. Emissions of a regulated NSR contaminant which will occur as a result of the construction or operation of a proposed new or modified facility, not including emissions from the proposed new or modified facility itself. Secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the proposed new or modified facility which causes the secondary emissions. Secondary emissions include regulated NSR contaminant emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the proposed new or modified facility. Secondary emissions do not include any emissions which come directly from a mobile source subject to any regulation under title II of the Clean Air Act, such as emissions from a motor vehicle or a train.

(47) Significant net emission increase.

(48) Significant PAL emission source. An emission source that emits or has the potential to emit a PAL contaminant in an amount that is equal to or greater than the significant project threshold (as listed in Subpart 231-13 of this Part or in the act, whichever is lower) for that PAL contaminant, but less than the amount that would qualify the emission source as a major PAL emission source.

(49) Source reduction. Any practice which reduces emissions of a regulated NSR contaminant, other than a facility shutdown, emission source shutdown, curtailment, or over control of emissions beyond an applicable limit. Examples of source reduction would be reformulation of inks, paints, coatings, etc., which result in reductions beyond levels required by the most stringent applicable State or Federal emission limitation, or replacement or repair of valves, fittings, or other equipment to reduce fugitive emissions.

(50) Subject to regulation. Any air pollutant that is subject to either a provision in the act, or a nationally-applicable regulation codified by the Administrator of the US EPA in subchapter C of chapter I to Title 40 of the CFR, that requires actual control of the quantity of emissions of that pollutant, and that has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity; provided, however, that the pollutant GHGs is subject to regulation if:

(51) Surplus. A reduction in emissions beyond levels prescribed by the most stringent applicable State or Federal emission limitation required by the act.