The Federal Clean Air Act, 42 U.S.C. section 7401, et seq., as amended by Public Law 101-549, November 15, 1990.

The Administrator of the United States Environmental Protection Agency or designee.

Any method, process or equipment which removes, reduces or renders less noxious air contaminants discharged into the outdoor atmosphere.

A chemical, dust, compound, fume, gas, mist, odor, smoke, vapor, pollen or any combination thereof.

The presence in the outdoor atmosphere of one or more air contaminants which contribute or which are likely to contribute to a condition of air pollution.

Any apparatus, contrivance or machine capable of causing emission of any air contaminant to the outdoor atmosphere, including any appurtenant exhaust system or air cleaning device. Where a process at an emission unit uses more than one apparatus, contrivance or machine in combination, the combination may be considered a single emission source.

The presence in the outdoor atmosphere of one or more contaminants in quantities, of characteristics and of a duration which are or may be injurious to human, plant or animal life or to property or which unreasonably interfere with the comfortable enjoyment of life and property.

Refers to a period of time based upon a calendar year commencing January 1st and terminating midnight December 31st.

Any area of the State meeting all National Ambient Air Quality Standards (NAAQS) for a specific air contaminant as designated pursuant to section 107(d) of the Federal Clean Air Act. (Note: A list of such areas may be obtained from any office of the Department of Environmental Conservation.)

An emission limitation or equipment standard based on the maximum degree of reduction of each contaminant emitted from stationary air contamination source which the department determines is achievable for such source on a case-by-case basis considering:

In no event shall application of BACT result in emissions of any contaminant which will exceed the emissions allowed by any applicable standard established.

A process for the destructive distillation of coal and separation of gaseous and liquid distillates from the carbon residue or coke, which includes ovens, charging systems (including larry cars, jumper pipes, charging conveyors from coal storage and/or weigh bins), auxiliary gas collection systems, heating systems and flues, pushing systems, door machines, mud trucks, quench cars, quenching systems, desulfurization systems, sulfur recovery units, waste heat stacks and air cleaning devices or control equipment (including oven patching equipment, door hoods, sheds and other hoods either movable or stationary and with or without water sprays).

An installation, consisting of a single furnace, device, engine or turbine in which fossil fuel, wood, and/or other solid, liquid, or gaseous fuel is burned with air or oxygen and the air contaminant emissions include only those products resulting from:

Commissioner of Environmental Conservation of the State of New York.

Any process whose emissions are contained or captured in a hood and then conveyed through a duct, vent or stack prior to discharge to the outer atmosphere.

A 24-hour period beginning at midnight.

The New York State Department of Environmental Conservation.

An internal combustion engine in which air is compressed to a temperature capable of igniting fuel injected into the cylinders where combustion occurs.

A fuel oil consisting of distilled fractions and having a kinematic viscosity of 5.8 centistokes or less at 100 degrees Fahrenheit. This includes ASTM grade numbers 1 and 2 fuel oil, ASTM grade numbers 1-D and 2-D diesel fuel oil and proposed ASTM grade numbers 1-GT and 2-GT gas turbine fuel oil.

The release of any air contaminant into the outdoor atmosphere.

Any conduit, chimney, duct, vent, flue, stack or opening of any kind through which air contaminants are emitted to the outdoor atmosphere.

The maximum rate at which a specified air contaminant from an emission source would be emitted to the outdoor atmosphere in the absence of any control equipment. The emission rate potential of a specified air contaminant from an emission source is calculated by dividing the weight of such contaminant (expressed in pounds) that would be emitted to the outdoor atmosphere during maximum emission conditions in the absence of any control equipment, by the duration (expressed in hours) of such emissions. When an air contaminant is emitted for a period equal to or less than one hour, the emission rate potential is the weight of the contaminant emitted in the absence of any control equipment, divided by one hour, except that for any toxic air contaminant specified by the commissioner, the duration of emissions used in calculating the emission rate potential may be less than one hour. The maximum emission rate used for calculating the emission rate potential is not the emission rate during catastrophic or malfunction conditions.

Any method of collecting stack samples or samples of emissions from an air contamination source and analyzing such samples for air contaminants.

An assigned rating indicated by the letter A, B, C or D, which considers the potential environment effects of an air contamination source on its surroundings.

The United States Environmental Protection Agency.

The opacity measured by methods acceptable to the commissioner when a specific emission source is emitting air contaminants at, or less than, the mass emission standards, as corroborated by emission tests acceptable to the commissioner.

Any system which removes air contaminants from a process and transports them from their point of generation to the outdoor atmosphere.

All emission sources located at one or more adjacent or contiguous properties owned or operated by the same person or persons under common control.

Federally enforceable means all limitations and conditions that are enforceable by the department and the administrator and citizens under the act. Examples of federally enforceable limitations and conditions include but are not limited to:

Any furnace, steam, hot-air or hot-water generating equipment or any other device, exclusive of process equipment in which the fuel burned is coal, oil, gas or other fossil fuels.

Solid, liquid or gaseous combustible material.

The animal and vegetable waste resulting from the handling, preparation, cooking and serving of food.

Emissions of air contaminants which could not reasonably pass through a stack, vent, chimney or other functionally equivalent opening.

Set forth below is the list of hazardous air pollutants as of the effective date of this Part:

For all listings above which contain the word “compounds” and for glycol ethers, the following applies: Unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemical (i.e., antimony, arsenic, etc.) as part of that chemical's infrastructure.

The heat released (exothermic heat of chemical reaction) due to the combustion of fuel. It includes only the weight rate (e.g., lb/hr) of the fuel fired multiplied by the caloric value of the fuel.

Any structure or furnace in which combustion takes place and refuse is used as a fuel, alone or in conjunction with fossil fuel.

Processes commonly associated with or necessary to production of iron and steel, excluding ferro-alloys but including, but not limited to, the following:

The most stringent emission limitation achieved in practice, or which can reasonably be expected to occur in practice for a category of emission sources taking into consideration each air contaminant which must be controlled. In no event shall the application of this term permit a proposed new source or modification to emit any air contaminant in excess of the amount permitted under any applicable emission standard established under 6 NYCRR or 40 CFR.

The area including the Towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, and Woodbury.

A petroleum hydrocarbon, such as propane, butane or isobutane which is normally a gas but which can be compressed and condensed to a liquid.

(an) MACT means maximum achievable control technology. MACT is determined or approved by EPA under section 112 of the act.

The ability of a source to combust a stated maximum amount of fuel on a steady state basis, as determined by the physical design and characteristics of the source. Maximum heat input capacity is expressed in MMBtu per unit of time. It is the product of the gross caloric value of the fuel (expressed in Btu/lb) multiplied by the fuel feed rate in to the combustion device (expressed in mass of fuel/time).

The maximum heat input in million Btu per hour at which a stationary combustion installation is anticipated to be operated or at which it actually has been operated. This heat input will be the permissible operating limit as specified on a permit to construct or certificate to operate.

Any physical change or change in the method of operation of an incinerator, stationary combustion installation or process which (1) increases the hourly emission rate, emission concentration or emission opacity of any air contaminant, or (2) involves the installation or alteration of any air cleaning installation, air cleaning device or control equipment, or (3) involves conversion of fuel used in any emission source to a fuel with a higher ash content than the fuel used prior to the change, or (4) involves the alteration of any furnace or other physical changes to allow burning of refuse or refuse-derived fuel with fossil fuel, or (5) results in the emission of any air pollutant not previously emitted or authorized under the permit. Routine maintenance, repair and replacement of original equipment or parts thereof are not considered physical changes. An increase or decrease in the hours of operation is not considered a change in the method of operation if the total emissions do not cause air pollution or contravention of any applicable ambient air quality standard, and the hours of operation are not restricted through a condition of a permit or certificate issued for the air contamination source. A physical change or a change in the method or operation shall not include the use of an alternative fuel or raw material which:

A vehicle which can travel on land and which is propelled by means other than human or animal muscular power except such vehicles which run only on tracks or rails.

All materials or substances discarded from single and multiple family dwellings, and other residential sources; similar types of materials from institutional, commercial and industrial sources; concurrently incinerated sewage sludge but not hazardous waste as defined in Part 371 of this Title.

A facility that is owned, operated, or utilized by, or under contract with, a municipality or political subdivision and which utilizes high temperature thermal destruction technologies, including combustion for the recovery of thermal value or for the disposal of municipal solid waste. (Note: A municipal solid waste incineration facility may also be a regulated medical waste incineration facility.)

All of the City of New York, and Nassau, Suffolk, Westchester and Rockland Counties.

Any area of the State not meeting a National Ambient Air Quality Standard (NAAQS) for a specific air contaminant. Nonattainment areas in New York State are as follows:

Any incinerator except one used to burn refuse which is collected from more than 100 different premises and brought to the incinerator site by truck.

The degree to which emissions other than water reduce the transmission of light and obscure the view of an object in the background.

Any outdoor fire or outdoor smoke producing process from which the air contaminants are emitted directly into the outdoor atmosphere.

Any person who leases, operates, controls or supervises a facility at which air contaminants are emitted.

The atmosphere outside of and surrounding all buildings, structures, stacks or exterior ducts.

Any person who has legal or equitable title to an emission source, or of the control equipment at such source.

The area which includes all of New York State, and the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, Pennsylvania, Rhode Island, Vermont, and the consolidated metropolitan statistical area that includes the District of Columbia and northern Virginia.

All oxides of nitrogen, except nitrous oxide, expressed as nitrogen dioxide.

Any air or gas-borne material, except water, which exists as a liquid or solid. The determination of the quantity of particulates present in a stack shall be determined in accordance with emission testing methods acceptable to the commissioner.

The practice of utilizing on-site generating capacity for use at a facility (excluding emergency generation when the usual sources of heat, power, and lighting are temporarily unavailable) at the request of the primary electricity supplier.

The maximum rate at which air contaminants are allowed to be emitted to the outdoor atmosphere. This includes:

Any individual, public or private corporation, political subdivision, government agency, department or bureau of the State, municipality, industry, copartnership, association, firm, trust, estate or any other legal entity whatsoever.

Filterable particulate matter with an aerodynamic diameter less than or equal to 10 micrometers and material that is vapor phase at stack conditions but which condenses and/or reacts upon cooling and dilution in the ambient air to form solid or liquid particulate immediately after discharge from the stack.

Set forth below is the list of pollutants regulated under section 112(r) of the act as of the effective date of this Part:

The maximum capacity of an air contamination source to emit any regulated air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the emission source to emit a regulated air pollutant, including air pollution control equipment and/or restrictions on the hours of operation, or on the type or amount of material combusted, stored, or processed, shall be treated as a part of the design if the limitation is enforceable by the department and the administrator. Fugitive emissions, to the extent that they are quantifiable, are included in determining the potential to emit where required by an applicable requirement. Secondary emissions (as defined in Subpart 231-4 of this Title) are not to be included when calculating an emission source's potential to emit. For emergency power generating stationary internal combustion engines, the potential to emit will be based on a maximum of 500 hours of operation per year per engine unless a more restrictive limitation exists in a permit or registration.

Any activity involving one or more emission sources that emits or has the potential to emit any regulated air pollutant.

The total weight of all materials introduced into a process which may cause air contaminant emissions to the outdoor atmosphere. Solid fuel used in a process is considered part of the process weight, but liquid and/or gaseous fuel, uncombined water and combustion air are not.

The total process weight for any emission source divided by the number of hours during which air contaminants are emitted by such source to the outdoor atmosphere. For continuous processes, process weight should be determined on a daily basis.

That part of cement and lightweight aggregate manufacturing related to the preheating, calcining, sintering, burning and cooling of clinker. Such processes include a means of chemically changing the material processed and do not include physical changes such as perlite or shale expansion.

Lowest emission limit that a particular source is capable of meeting by application of control technology that is reasonably available, considering technological and economic feasibility.

All waste material, including but not limited to garbage, rubbish, incinerator residue, street cleanings, dead animals and offal.

Land used for depositing of refuse, except that it shall not include land used for depositing of refuse from a single family, a member of which is the owner, occupant or leasee of said land, or any part of a farm on which animal or vegetable waste resulting from the operation of such farm are deposited. This definition includes, but is not limited to, those areas commonly referred to as landfills, sanitary landfills and dumps.

Certificate issued by the department to the owner and/or operator of an eligible facility, that has been registered pursuant to the provisions of Subpart 201-4 of this Title.

The following are regulated air pollutants or regulated air contaminants for the purposes of this Title:

The chart published and described in the U.S. Bureau of Mines Information circular 7718, on which are illustrated graduated shades of gray for use in estimating the light obscuring density of smoke. The “Micro” Ringelmann chart, a photographically reduced reproduction approximately ¹/₁₈ the size of the Ringelmann chart, is acceptable to the commissioner as an equivalent standard.

Solid or liquid waste materials, including but not limited to paper and paper products; rags; trees or leaves, needles and branches therefrom; vines; lawn and garden debris; furniture; cans; crockery; plastics; cartons; chemicals; paint; greases; sludges; oils and other petroleum products; wood; sawdust; demolition materials; tires and automobiles and other vehicles and parts, for junk, salvage, or disposal. Rubbish shall not include garbage, incinerator residue, street sweepings, dead animals, or offal.

An air contaminant consisting of small gas-borne particles emitted by an air contamination source in sufficient number to be observable.

A sample of the emission from an air contamination source collected from within a stack.

Any conduit, chimney, duct, vent, flue or opening of any kind arranged to conduct air contaminants to the outdoor atmosphere.

A temperature of 20 degrees C (68 degrees F) and an absolute pressure of 760 mm (30 inches) of mercury.

The Standard Industrial Classification Code (SIC code) utilized by the United States Office of Management and Budget to classify establishments according to the type of economic activity in which they are engaged.

The documents, including regulations, approved by the administrator under the act that identify actions and programs to be undertaken by the State and its subdivisions to implement the act.

Any building, structure, facility or installation, excluding nonroad engines, that emits or may emit any air pollutant.

Refers to title V of the act and all rules promulgated in accordance with it.

A small heating unit, which may be portable, used at a nonresidential facility for warming air of an enclosed area, such as a room.

Any organic compound which participates in atmospheric photochemical reactions. This includes any organic compounds other than those compounds with negligible photochemical reactivity which are listed below and in subdivision (ck) of this section. For purposes of determining compliance with emission limits in this Subchapter, VOC will be measured by test methods in appendix A of 40 CFR 60 (see table 1, section 200.9 of this Part) or by an alternative method acceptable to the department on the basis of a demonstration that it is as accurate as the appendix A method. Where such a method also inadvertently measures compounds with negligible photochemical reactivity, an owner or operator may exclude these negligibly reactive compounds when determining compliance with a VOC emission standard. The following compounds are not volatile organic compounds:

The fibrous material beneath and including the bark of trees or any derivative fuel or residue thereof, in any unadulterated form, including but not limited to sawdust, sanderdust, wood chips, scraps, slabs, millings, shavings and processed pellets made from wood or other forest residues.

Any geographic region of the United States previously designated nonattainment under the act and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan under section 175A of the act, as amended (see section 200.9 of this Part).

Filterable particulate matter with an aerodynamic diameter less than or equal to 2.5 micrometers and material that is vapor phase at stack conditions but which condenses and/or reacts upon cooling and dilution in the ambient air to form solid or liquid particulate immediately after discharge from the stack.

The organic compounds listed in the paragraphs of this subdivision do not constitute VOCs for purposes of determining permitting applicability, demonstrating compliance with a VOC emission limit or VOC content requirement, or calculating operating permit program fees. These compounds are considered to be VOCs for purposes of all VOC recordkeeping and emissions reporting requirements and are considered regulated air contaminants for the purposes of Subpart 202-2, Emission Reporting Requirements;

Whether work done at an emissions source constitutes routine maintenance, repair, or replacement is determined on a case-by-case basis by examining factors such as the nature and extent, purpose, frequency, and cost of the work. Although no single factor is conclusive, generally routine maintenance, repair, or replacement work is undertaken on a prescribed or regular schedule, limited in scope, and typically paid for out of the operation and maintenance budget of the facility. Work that is infrequent, extensive in scope, intended to extend the life expectancy of an emission source, or intended to result in regaining lost capacity or availability is less likely to constitute routine maintenance, repair or replacement.

A device that combusts fossil fuel or wood and produces steam or heats water or any other heat transfer medium.

A combustion turbine that recovers heat from the turbine's exhaust gases in order to heat water or generate steam.

A stationary internal combustion engine that operates with a rotary motion.

Emissions testing procedures that demonstrate compliance with requirements for system accuracy and precision.

A stationary internal combustion engine that operates as a mechanical or electrical power source only when the usual supply of power is unavailable, and operates for no more than 500 hours per year. The 500 hours of annual operation for the engine include operation during emergency situations, routine maintenance, and routine exercising (for example, test firing the engine for one hour a week to ensure reliability). If a State disaster emergency is declared pursuant to Executive Law, section 28, the 500-hour limitation is suspended for the duration of the State disaster emergency. A stationary internal combustion engine used for peak shaving generation or demand response programs is not an emergency power generating stationary internal combustion engine.

A document that includes, but is not limited to, source identification, source description, a description of the control technology, the applicable regulations, the type of monitor, a monitoring system flow diagram, a description of the data system, and a sample calculation for compliance.

A combustion turbine that does not recover heat from the turbine's exhaust gases.

A boiler with a maximum heat input capacity greater than 250 million British thermal units (Btu) per hour.

The aggregate group of six contaminants: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

The sum of each of the six greenhouse gases multiplied by their respective global warming potentials. The global warming potentials can be found in Table 9 of Subpart 231-13 of this Title.

Any used and/or reprocessed oil which has not been re-refined, and which does not contain chemical waste. This includes but is not limited to, engine oil, gear oil, cutting oil, transmission fluid, hydraulic fluids, dielectric fluid, oil storage tank residue, animal oil, and vegetable oil..

A fuel oil which meets the latest American Society for Testing and Materials (ASTM) specification number D396 for residual fuel oils (#4, #5, or #6).

A combination or mixture containing four to eight chlorinated dibenzo-para-dioxins and/or chlorinated dibenzofurans and/or specific polychlorinated biphenyls. Polychlorinated Dibenzo-para-dioxins and Polychlorinated Dibenzofurans are expressed as 2,3,7,8 tetrachlorinated dibenzo-para-dioxin equivalents using the toxic equivalency factors (TEFs) listed below.

(cz) Stationary internal combustion engine. Any internal combustion engine of either the reciprocating or rotary type whose uses may include, but are not limited to, the generation of electric power, pumping gases and liquids, and compressing air for pneumatic machinery.

(da) Stationary reciprocating internal combustion engine. A stationary combustion engine that operates with a reciprocating motion.

Natural gas, petroleum, coal, and any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat.

Any device (excluding internal combustion engines and gas turbines) that combusts fossil fuel, wood, and/or other solid, liquid, or gaseous fuel for any purpose and whose emissions to the outdoor atmosphere only include the products of combustion from the fuel.