N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-2.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 231-2.1 - Definitions

(a) For the purpose of this Subpart, the general definitions of Parts 200 and 201 of this Title apply unless defined otherwise in this Subpart.

(b) For the purpose of this Subpart, the following definitions also apply:

(1) Baseline period. A period of time used as a reference point in quantifying a creditable emission increase, ERC, or project emission potential.

(i) A baseline period is determined as follows:

(a) for a creditable emission increase which has physically occurred, two consecutive years immediately preceding the date of occurrence of the emission increase or a time period as provided in subparagraph (ii) of this paragraph;

(b) for an ERC which has physically occurred, two consecutive years immediately preceding the date of occurrence of the emission reduction or a time period as provided in subparagraph (ii) of this paragraph;

(c) for a creditable emission increase or an ERC which is scheduled to occur in the future, two consecutive years immediately preceding the date of receipt by the department of a permit application for a proposed source project which proposes to use the creditable emission increase or ERC or a time period as provided in subparagraph (ii) of this paragraph; and

(d) for a proposed source project, two consecutive years immediately preceding the date of receipt by the department of a permit application for the proposed source project or a time period as provided in subparagraph (ii) of this paragraph.

(ii) Some other two consecutive years which are shown, and which the department accepts as being, more representative of normal source operation based on actual operating hours, production rates and material input. These two consecutive years must be within five years immediately preceding the date identified in clause (i)(a), (b), (c), or (d) of this paragraph, as applicable.

(iii) If less than two consecutive years of operation exist within the five years identified in subparagraph (ii) of this paragraph, this period of operation shall be used as the baseline period.

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

(3) Clean coal technology. Any technology, which was not in widespread use as of November 15, 1990, applied at the precombustion, combustion, or post combustion stage at a new or existing electric utility steam generating facility which will achieve significant reductions in NO _x emissions associated with utilization of coal in the generation of electricity, or process steam.

(4) Clean coal technology demonstration project. A project using funds appropriated under the heading "Department of Energy-Clean Coal Technology," for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency.

(5) Begin actual construction. Begin actual construction shall mean in general, initiation of physical on-site construction activities which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operating this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.

(6) Commence construction. Commence construction shall mean that the owner or operator has all necessary preconstruction approvals or permits and either has:

(i) begun, or caused to begin, a continuous program of actual on-site construction, to be completed within a reasonable time; or

(ii) entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction to be completed within a reasonable time.

(7) Commence operation. Commence operation shall mean:

(i) the date that a proposed source project or proposed major facility first increases emissions of any nonattainment contaminant to which this Subpart applies; or

(ii) the date after an appropriate shakedown period, for a proposed source project or proposed major facility which is a functional replacement for another emission source(s) or unit(s) (for example, a cogeneration plant replacing an existing boiler house) and which proposes to use ERCs generated from the replaced sources or units to the maximum extent possible. This shakedown period shall not exceed 180 days and shall be specified in a permit for the replacement source or unit.

(8) Complete permit application. Complete permit application means a permit application which is complete in accordance with the provision of Part 621 of this Title.

(9) Contemporaneous. Contemporaneous time periods are:

(i) in the severe ozone nonattainment area, for emissions of VOC or NO _x only, the five consecutive calendar year period which ends with the calendar year that the proposed source project is scheduled to commence operation, as stated by the applicant in a permit application; and

(ii) for emissions of VOC or NO _x in all other ozone nonattainment areas and attainment portions of the ozone transport region, and for emissions of PM-10 or CO in their respective nonattainment areas, the period which begins five years prior to the scheduled commence construction date, and ends with the scheduled commence operation date, each such date for a proposed source project being as stated by the applicant in a permit application.

(10) Creditable emission increase. Any increase in emissions of a nonattainment contaminant in tons per year from an emission unit at an existing facility, other than such an increase from a proposed source project, which:

(i) results from a physical change in, or a change in the method of operation of, an emission unit; and

(ii) is quantified as the difference, except as provided in subparagraph (iii) of this paragraph, between prior actual annual emissions or prior allowable annual emissions, whichever is less, and the subsequent maximum annual potential; and

(iii) for an electric utility steam generating unit, is quantified as the difference between prior actual annual emissions or prior allowable annual emissions, whichever is less, and the subsequent representative actual annual emissions.

(11) Curtailment. An enforceable permit condition formally restricting operation of an emission unit at an existing facility which results in an emission reduction and reflects a partial reduction in hours of operation or capacity utilization.

(12) Electric utility steam generating unit. Any emission unit (exclusive of a new emission unit or replacement of an existing emission 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.

(13) Emission offset. ERCs which:

(i) equal or exceed the project emission potential or facility emission potential of a proposed source project or proposed major facility, respectively, to which the reductions must be applied; and

(ii) meet the requirements of section 231-2.9 of this Subpart.

(14) Emission reduction credit, ERC. Any decrease in emissions of a nonattainment contaminant in tons per year, occurring on or after November 15, 1990:

(i) which is surplus, quantifiable, permanent, and enforceable; and

(ii) which results from a physical change in, or a change in the method of operation of an emission unit subject to Part 201 of this Title; and

(a) is quantified as the difference between prior actual annual emissions or prior allowable annual emissions, whichever is less, and the subsequent maximum annual potential; and

(b) is certified in accordance with the provisions of section 231-2.6 of this Subpart; or

(iii) which results from a physical change in, or a change in the method of operation of an air contamination source not subject to Part 201 of this Title, and is certified in accordance with the provisions of section 231-2.6 of this Subpart.

(15) Emission unit shutdown. The permanent removal from service of an emission unit, as reflected by an enforceable permit condition formally prohibiting the emission unit from further operation, provided that it does not result in a facility shutdown.

(16) Enforceable. All permit limitations and conditions or other legally binding emission limitations which are enforceable by both the department and the administrator of the United States Environmental Protection Agency. Directly measurable limitations on the allowable capacity of equipment, requirements for installation, operation, and maintenance of air pollution control equipment, limits on hours of operation, and restrictions on amounts of materials combusted, stored, or produced may be considered as enforceable. General limitations on facility emission potential or maximum annual potential, such as yearly limits, by themselves are not enforceable by the administrator.

(17) Facility emission potential. The maximum potential in tons per year of a facility to emit a nonattainment contaminant expressed as the sum of:

(i) the maximum annual potential, on a contaminant specific basis, of each emission unit at the facility; and

(ii) fugitive emissions to the extent they are quantifiable, of the corresponding nonattainment contaminant for any facility which belongs to one of the 28 source categories listed in section 231-2.2(c) of this Subpart, but not including secondary emissions. However, once a facility is determined to be major and is subject to this Subpart, fugitive emissions must be included in the total emissions from the facility for subsequent permitting purposes (such as air quality analyses, offsets, etc.), regardless of whether the facility belongs to one of the 28 source categories listed in section 231-2.2(c) of this Subpart.

(18) Facility shutdown. The permanent removal from service of all emission units at a facility, as reflected by enforceable permit conditions formally prohibiting the emission units from further operation.

(19) Future reductions. Reductions which are scheduled to occur subsequent to the issuance/modification of the permit for the proposed source project or proposed major facility using these reductions.

(20) Internal offset. ERCs of VOC or NO _x, in the severe ozone nonattainment area only, from emission units within the same existing major facility as a proposed source project, which physically occur on or after November 15, 1990. Such reductions shall meet the requirements of section 231-2.8 of this Subpart.

(21) Major facility. A facility with a facility emission potential of a nonattainment contaminant which equals or exceeds the corresponding major facility size threshold in section 231-2.12 or 231-2.13 of this Subpart.

(22) Maximum annual potential. The maximum annual capacity in tons per year of an emission unit to emit a nonattainment contaminant. Maximum annual potential shall:

(i) be determined after control equipment has been applied using the maximum enforceable permissible emission rate; and

(ii) be based on continuous operation for 8,760 hours per year at maximum capability under the emission unit's physical and operational design, unless limited by enforceable permit conditions; and

(iii) not include either secondary emissions or fugitive emissions.

(23) Net emission increase. The aggregate increase in emissions of a nonattainment contaminant in tons per year at an existing major facility resulting from the sum of:

(i) the project emission potential of a proposed source project at the facility; and

(ii) every creditable emission increase at the facility which is contemporaneous with the proposed source project and for which an emission offset was not obtained or, in the severe ozone nonattainment area, for which an internal offset was not obtained; and

(iii) any ERC at the facility, or portion thereof, selected by the applicant which is contemporaneous with the proposed source project and which was not previously used as part of an emission offset or an internal offset.

(24) Nonattainment contaminant. A contaminant emitted by an emission unit located or proposed to be located in an area designated in Part 200 of this Title as nonattainment for that contaminant. Because all of New York State is within the ozone transport region, VOC and NO _x are treated as nonattainment contaminants statewide.

(25) Offset ratio. The ratio of a required ERC, on a nonattainment contaminant specific basis, to the project emission potential or the facility emission potential of a proposed source project or proposed major facility, respectively. Offset ratios are listed in sections 231-2.12 and 231-2.13 of this Subpart.

(26) Past reductions. Reductions which have physically occurred on or after November 15, 1990.

(27) Permanent. Permanent relative to an ERC from an emission unit means that the reduction is irreversible through the life of the emission unit.

(28) Permit action. Permit action means:

(i) for any emission unit subject to Part 201 of this Title, a determination of complete permit application for issuance or modification of an enforceable permit representing that emission unit;

(ii) for any major electric generating facility subject to article X of the Public Service Law, or any major steam electric generating facility subject to article VIII of the Public Service Law, the setting of a date for a hearing by the chairperson of a New York State board on electric generation siting and the environment for such a facility.

(29) Pollution control project. Any project undertaken at an existing emission unit which, as its primary purpose, reduces emissions of any nonattainment contaminant from such unit. Such projects do not include the replacement of an existing emission source or unit with a newer or different source or unit, or the reconstruction of an existing emission source or unit, and are limited to any of the following:

(i) flue gas recirculation, low NO _x burners, selective catalytic reduction or selective non-catalytic reduction for NO _x;

(ii) thermal oxidizers, catalytic oxidizers, condensers, thermal incinerators, scrubbers, flares, carbon adsorbers, or projects involving combustion of landfill gas using boilers, gas turbines, internal combustion engines, cleaning/gas treatment facilities or combinations of these for VOC;

(iii) electrostatic precipitators, baghouses, high efficiency multi clones, or scrubbers for PM-10;

(iv) projects undertaken to accommodate switching to an inherently less polluting fuel, including but not limited to, natural gas or coal reburning, or the cofiring of natural gas and other inherently less polluting fuels, for the purpose of controlling emissions, and including any activity that is necessary to accommodate switching to an inherently less polluting fuel;

(v) pollution prevention projects which the department has determined to be environmentally beneficial. Pollution prevention means any activity that through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the emissions of any nonattainment contaminant (including fugitive emissions) prior to recycling, treatment, or disposal; it does not mean recycling (other than certain "in-process recycling" practices), energy recovery, treatment or disposal; and

(vi) installation of a technology for reducing emissions of any nonattainment contaminant, which is not listed in subparagraphs (i) through (v) of this paragraph but meets the following:

(a) its effectiveness in reducing emissions has been demonstrated in practice; and

(b) it is determined by the department to be environmentally beneficial.

(30) Prior actual annual emissions. The average rate in tons per year at which an emission unit actually emitted a nonattainment contaminant during the baseline period, exclusive of any periods of noncompliance. During noncompliance periods, the permissible emissions for the emission unit shall be used in computing the average rate. Computation of prior actual annual emissions shall:

(i) for an emission unit at any facility subject to Subpart 202-2 of this Title, be based on the emission statements for the facility, to the extent that the statements provide sufficient information specific to the emission unit; or

(ii) for an emission unit at a facility not subject to Subpart 202-2 of this Title, or where an emission statement does not provide sufficient information specific to the emission unit, be based on the criteria set forth in sections 202-2.3 and 202-2.4 of this Title. Use of the above criteria for an emission unit at a facility not otherwise subject to Subpart 202-2 of this Title shall not make the facility subject to Subpart 202-2 of this Title.

(31) Prior allowable annual emissions. The maximum rate in tons per year, during the baseline period, at which an emission unit would have emitted a nonattainment contaminant at the most stringent applicable State or Federal emission limitation established in a regulation or a federally enforceable permit condition.

(32) Project emission potential.

(i) Except for an electric utility steam generating unit, project emission potential of a proposed source project shall consider only proposed increases in emissions of a nonattainment contaminant and shall equal the sum of the following:

(a) for new emission units, the maximum annual potential of each such emission unit; and

(b) for existing emission units, the difference between prior actual annual emissions or prior allowable annual emissions, whichever is less, and the subsequent maximum annual potential of each such emission unit.

(ii) For an electric utility steam generating unit, the project emission potential following a physical or operational change shall equal the difference between prior actual annual emissions or prior allowable annual emissions, whichever is less, and representative actual annual emissions of the unit. Such computation shall be allowed provided the source owner or operator maintains and submits data demonstrating to the department's satisfaction that the actual annual emissions of the unit does not exceed its representative actual annual emissions. Such date must be submitted on an annual basis for a period of five years from the date the unit resumes regular operation. A longer period, not to exceed 10 years, may be required if the department determines such period to be more representative of normal emission unit post-change operations.

(iii) Project emission potential does not include secondary emissions.

(iv) At an existing major facility, fugitive emissions are not included in determining whether the project emission potential exceeds the significant source project threshold in section 231-2.12 or 231-2.13 of this Subpart unless the facility belongs to one of the 28 source categories listed in section 231- 2.2(c) of this Subpart.

(v) At an existing major facility, regardless of whether the facility belongs to one of the 28 source categories listed in section 231-2.2(c) of this Subpart, once the project emission potential of a proposed source project is determined to exceed the significant source project threshold in section 231- 2.12 or 231-2.13 of this Subpart without including fugitive emissions, the project emission potential must include fugitive emissions, to the extent they are quantifiable, for subsequent permitting purposes (such as air quality analyses, offsets, etc.).

(33) Quantifiable. In terms of emission reductions, quantifiable means that a reliable basis must exist for calculating the amount and the rate of the reduction, along with a description of the characteristics of the reduction. The same method should be used to quantify emissions before and after the reduction.

(34) 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.

(35) Repowering. Replacement of an existing coal fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal fired turbines, integrated gasification fuel cells, or as determined by the administrator of the EPA, in consultation with the Secretary of Energy, a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990. Repowering shall also include any oil and/or gas fired unit which has been awarded clean coal technology demonstration funding as of January 1, 1991 by the United States Department of Energy.

(36) Representative actual annual emissions. The average rate, in tons per year, at which an electric utility steam generating unit is projected to emit a nonattainment contaminant for the two year period after a physical change or a change in the method of operation of the unit considering the effect any such change will have on increasing or decreasing the hourly emission rate and on projected capacity utilization. A different consecutive two-year period within 10 years after that change may be used, if the applicant demonstrates to the department's satisfaction that such period is more representative of normal source operations. In evaluating projections of future emissions, the department shall:

(i) consider all relevant information, including but not limited to, historical operational data, the applicant's own representations, filings with the Department of Public Service, State Energy Board, or Federal authorities, and compliance plans under title IV of the Clean Air Act Amendments of 1990 (see Table 1, section 200.9 of this Title); and

(ii) exclude, in calculating any increase in emissions that results from the change, that portion of the unit's emissions following the change that could have been accommodated during the representative baseline period and is attributable to an increase in projected capacity utilization at the unit that is unrelated to the change, including any increased utilization due to the rate of electricity demand growth for the utility system as a whole.

(37) Secondary emissions. Emissions of a nonattainment contaminant which occur as a result of the construction or operation of a proposed source project or proposed major facility, not including emissions from the proposed source project or proposed major facility itself. Secondary emissions shall be specific, well defined, quantifiable, and impact the same general area as the proposed source project or proposed major facility which causes the secondary emissions. Secondary emissions include nonattainment 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 source project or proposed major facility. Secondary emissions do not include any emissions which come directly from a mobile source subject to any regulation under this Title, such as emissions from a motor vehicle or a train. Secondary emissions shall not be considered in an applicability determination for a proposed source project or proposed major facility.

(38) Significant net emission increase. A net emission increase at an existing major facility:

(i) of VOC or NO _x, in the severe ozone nonattainment area only, which exceeds 25 tons per year (see significant net emission increase threshold in section 231-2.12 of this Subpart); or

(ii) of VOC or NO _x, in all other ozone nonattainment areas and attainment portions of the ozone transport region, or of PM-10 or CO in their respective nonattainment areas, which equals or exceeds the corresponding significant net emission increase threshold in section 231-2.12 or 231-2.13 of this Subpart.

(39) Significant source project. A proposed source project at an existing major facility with:

(i) a project emission potential of VOC or NO _x, in the severe ozone nonattainment area only, which equals or exceeds 2.5 tons per year (see significant source project threshold in section 231-2.12 of this Subpart); or

(ii) a project emission potential of VOC or NO _x in all other ozone nonattainment areas and attainment portions of the ozone transport region, or a project emission potential of PM-10 or CO in their respective nonattainment areas, which equals or exceeds the corresponding significant source project threshold in section 231-2.12 or 231-2.13 of this Subpart.

(40) Source project. Any of the following proposed projects at an existing facility which results in an increase in emissions of a nonattainment contaminant but does not include any emission reductions:

(i) a new emission unit (replacement of an emission unit with similar equipment is addressed under subparagraph [ii] of this paragraph); or

(ii) a physical change in, or change in the method of operation of, an emission unit which results in an increase in the maximum annual potential of the emission unit; or

(iii) multiples or combinations of the above which are related actions and are included in, dependent on, or undertaken as a result of any long range plan of which each such emission unit is a part.

(41) Source reduction. Any practice, other than facility shutdown, emission unit shutdown, curtailment, or over control of emissions beyond an applicable limit, which reduces emissions of a nonattainment contaminant. 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 at the same location, or contiguous locations, of a unit with another unit which emits less to perform the same task, or replacement or repair of valves, fittings, or other equipment to reduce fugitive emissions.

(42) Surplus. A reduction in emissions beyond levels prescribed by the most stringent applicable State or Federal emission limitation which is required by the CAAA.

(43) Temporary clean coal technology demonstration project. A clean coal technology demonstration project that is operated for a period of five years or less, and which complies with all requirements of the State Implementation Plan (SIP) and this Chapter, and any others necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 231-2.1