§ 19-0107. Definitions.

When used in this article:

1. "Person" means any individual, public or private corporation,
political subdivision, agency, board, department or bureau of the state,
municipality, partnership, association, firm, trust, estate or any other
legal entity whatsoever which is recognized by law as the subject of
rights and duties.

2. "Air contaminant" means a dust, fume, gas, mist, odor, smoke,
vapor, pollen, noise or any combination thereof.

3. "Air pollution" means the presence in the outdoor atmosphere of one
or more air contaminants in quantities, of characteristics and of a
duration which are injurious to human, plant or animal life or to
property or which unreasonably interfere with the comfortable enjoyment
of life and property throughout the state or throughout such areas of
the state as shall be affected thereby; excluding however all conditions
subject to the requirements of the Labor Law and Industrial Code.

4. "Air contamination" means 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.

5. "Air contamination source" means any source at, from or by reason
of which there is emitted into the atmosphere any air contaminant,
regardless of who the person may be who owns or operates the building,
premises or other property in, at or on which such source is located or
the facility, equipment or other property by which the emission is
caused or from which the emission comes. Without limiting the generality
of the foregoing, this term includes all types of commercial and
industrial plants and works, heating and power plants and stations,
shops and stores; buildings and other structures of all types, including
single and multiple family residences, apartment houses, office
buildings, public buildings, hotels, restaurants, schools, hospitals,
churches, and other institutional buildings; automobiles, trucks,
tractors, buses and other motor vehicles (hereinafter called "motor
vehicles"); garages; vending and service locations and stations;
railroad locomotives; ships, boats and other waterborne craft; aircraft;
portable fuel-burning equipment; incinerators of all types, indoor and
outdoor; and refuse dumps and piles.

6. "Air cleaning installation" means any method, process or equipment
which removes, reduces or renders less noxious air contaminants
discharged into the atmosphere.

7. "Area of the state" means any county, city, town, village, or other
geographical area of the state as may be designated by the department.

8. "The Act" means the Federal Clean Air Act, 42 U.S.C. Section 7401
et seq., as amended by Public Law 101-549, November fifteenth, nineteen
hundred ninety.

9. "Administrator" means the administrator of the United States
environmental protection agency.

10. "Affected source" or "affected unit" shall have the meaning given
to it in the regulations promulgated under Title IV of the Act.

11. "Clean alternative fuels" means fuels, for use in motor vehicles
which meet the requirements of section 7511a(c)(4) of the Act.

12. "Clean fuel vehicle" means a vehicle in a class or category of
vehicles which has been certified to meet, for any model year, the clean
fuel vehicle standards for clean fuel vehicles specified in this article
pursuant to section 7583 of the Act.

13. "Covered fleet" means ten or more motor vehicles which are owned
or operated by a single person in an area designated as being a severe
ozone non-attainment area by the administrator pursuant to Title I of
the Act. In determining the number of motor vehicles owned or operated
by a single person for the purposes of this article, all motor vehicles
owned or operated, leased or otherwise controlled by such person, by any
person who controls such person, by any person controlled by such
person, and by any person under common control with such person shall be
treated as owned by such person. The term "covered fleet" shall not
include motor vehicles held for lease or rental to the general public,
motor vehicles held for sale by motor vehicle dealers including
demonstration vehicles, motor vehicles used for motor vehicle
manufacturer product evaluations or tests, law enforcement and other
emergency vehicles, or non-road vehicles including farm and construction
vehicles.

14. "Covered fleet vehicle" means only a motor vehicle which is (i) in
a covered fleet which is centrally fueled or is capable of being
centrally fueled and (ii) in a vehicle class for which standards are
applicable under this article.

15. "Emission offset" or "offset" means emission reductions or
emission reduction credits which are required to be obtained by an air
contamination source in order to obtain approval for a permit to
construct a new air contamination source, or modify an existing air
contamination source, in a non-attainment area pursuant to Title I of
the Act.

16. "Emission reduction" or "emission reduction credit" means the
actual decrease in emissions of a regulated air contaminant in tons per
year. Emission reductions may be created by, but not limited to,
product, process, pollution control or housekeeping changes that:

a. reduce emissions beyond that which is required by the Act;

b. are real and actually occur;

c. are quantifiable;

d. are enforceable by the commissioner or the administrator; and

e. are assured for the life of a corresponding increase.

17. "Fugitive emissions" means those emissions of regulated air
contaminants which could not reasonably pass through a stack, chimney,
vent or other functionally-equivalent openings.

18. "Operating permit" means a permit issued pursuant to section
19-0311 of this article.

19. "Major air contamination source" or "major stationary source"
means any stationary source or any group of stationary sources located
within a contiguous area and under common control and belonging to a
single major industrial grouping that:

a. emits or has the potential to emit one hundred tons per year of any
regulated air contaminant; or

b. emits or has the potential to emit ten tons per year of any air
contaminant or twenty-five tons per year of any combination of air
contaminants listed under section 7412(b) of the Act, including fugitive
emissions of such contaminants, or lesser quantities as the
administrator may establish pursuant to the Act; or

c. emits or has the potential to emit twenty-five tons per year of
volatile organic compounds or oxides of nitrogen, including fugitive
emissions of such contaminants if located in an area designated a
"severe non-attainment area" pursuant to section 7511 of the Act; or

d. emits or has the potential to emit fifty tons per year of volatile
organic compounds or one hundred tons of oxides of nitrogen if located
in an ozone transport region pursuant to section 7511(c) of the Act.

Fugitive emissions from a stationary source must be considered in
determining whether such stationary source is a major stationary source
for permit requirements if the source belongs to one of the categories
of stationary sources identified by the administrator in regulation
pursuant to section 7602(j) of the Act.

20. "Major industrial grouping" means all activities belonging to the
same major group identified in the Standard Industrial Classification
Manual (1987) published by the United States department of commerce.

21. "Potential to emit" means the maximum capacity of a stationary
source to emit any regulated air contaminant under its physical and
operational design. Any physical or operational limitation on the
capacity of such source to emit a regulated air contaminant, including
air pollution control equipment and restrictions on hours of operation
or on the type or amount of material combusted, stored, or processed,
shall be treated as part of its design if the limitation is enforceable
by the commissioner and the administrator of the United States
environmental protection agency provided, however, that physical or
operational limitations enforceable by the commissioner shall be treated
as part of a source's design, if the commissioner is given such
authorization by the administrator.

22. "Regulated air contaminant" means the following:

a. oxides of nitrogen;

b. volatile organic compounds;

c. sulfur dioxide;

d. particulate;

e. carbon monoxide;

f. any class I or II substance subject to a standard promulgated
pursuant to section 7671 of the Act;

g. any other air contaminant for which a national ambient air quality
standard has been promulgated; or

h. any air contaminant that is regulated under section 7411 or 7412
(b) and (c) of the Act and which the commissioner has listed in
regulation. The department may use emergency rulemaking pursuant to
subdivision six of section two hundred two of the state administrative
procedure act if necessary, in order to timely list such air
contaminants.

23. "State implementation plan" or "SIP" means documents prepared by
the department, and submitted to the administrator for approval, which
identify actions and programs to be undertaken by the state and its
subdivisions to implement the Act.

24. "Stationary source" means any building, structure, facility or
installation that emits or may emit any regulated air contaminant.