§ 19-0903. Definitions.

As used in this title:

1. "Acid deposition" means the wet or dry deposition from the
atmosphere of chemical compounds, usually in the form of rain or snow,
having the potential to form an aqueous compound with a pH level lower
than the level considered normal under natural conditions, or lower than
5.6, whichever is less.

2. "Acid deposition precursor" means sulfur dioxide or oxides of
nitrogen.

3. "Best available control technology" means an emission limitation or
equipment standard based on the maximum degree of reduction which the
department determines is achievable on a case-by-case basis taking into
account energy, economic, environmental and health impacts and other
costs related to the source.

4. "Coal" means bituminous coal, anthracite coal or lignite.

5. "Conversion or modification" means any construction,
reconstruction, addition to or alteration of any facility or stationary
source or other physical changes to allow burning of coal as a boiler
fuel.

6. "Emission" means the release of acid deposition precursors into the
atmosphere from any facility or stationary source.

7. "Environmental threshold value" means a deposition rate, expressed
in kilograms of sulfate per hectare per year, at which no significant
damaging chemical or biological effects of acid deposition have been
reported, and above which there is high probability that such effects
would occur.

8. "Final control target" means a limitation, expressed in terms of
fuel sulfur content or equivalent emissions reductions, that will reduce
the New York state share of total measured or estimated wet sulfate
deposition in sensitive receptor areas by the percentage derived
according to the following formula:

(Total measured or estimated
New York's contribution to wet sulfate deposition) minus
total measured or esti- (Environmental threshold value)
mated wet sulfate deposition, X _______________________________
expressed as a percentage

Total measured or estimated

wet sulfate deposition

9. "Fossil fuel" means coal, petroleum products and fuel gases.

10. "Interim control target" means a limitation, expressed in terms of
fuel sulfur content, that achieves a level of sulfur deposition
reduction that is approximately forty per centum of the final control
target.

11. "Least emissions dispatch" means the utilization of the cleanest
facility or other stationary source on a priority basis so that less
clean facilities or stationary sources are operated at full capacity
only when need arises.

12. "Major steam electric generating facility" or "facility" means a
steam electric generating facility with a generating capacity of fifty
thousand kilowatts or more which burns fossil fuel.

13. "New emission source" means any new facility or stationary source
that will emit acid deposition precursors in excess of one hundred tons
per year, and is granted a permit to construct pursuant to section
19-0305 of this article after January first, nineteen hundred
eighty-seven.

14. "New source performance standard" means a standard developed by
the department which sets limitations for emissions of acid deposition
precursors from new facilities and new stationary sources.

15. "Sensitive receptor areas" means regions of the state,
encompassing geographically significant land areas not wholly contained
within any county, that the department determines to be susceptible to
the impacts of acid deposition based upon:

a. geological information identifying areas incapable of adequately
neutralizing acid deposition;

b. the presence of plant or animal species that are particularly
sensitive to acid deposition;

c. existing acid deposition reports and data prepared by agencies of
the state or of the federal government; or

d. such other information that the department determines to be
indicative of acid sensitivity.

16. "Special limitation" means a special fuel use limitation for a
specific facility, stationary source, or specified area of the state
promulgated by the department in rules and regulations that permits the
sale, offering for sale, purchase and use of oil or coal with a sulfur
content in excess of established sulfur limits, when acceptable
diffusion analyses have demonstrated to the department's satisfaction
that such use would not contribute to the contravention of any
applicable federal ambient air quality standard nor significantly
increase acid deposition at sensitive receptor areas.

17. "Stationary source" means any source other than major steam
electric generating facilities that emits acid deposition precursors in
excess of one hundred tons per year.