§ 19-0909. Interim control target.

Terms Used In N.Y. Environmental Conservation Law 19-0909

  • 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. See N.Y. Environmental Conservation Law 19-0903
  • 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. See N.Y. Environmental Conservation Law 19-0903
  • Coal: means bituminous coal, anthracite coal or lignite. See N.Y. Environmental Conservation Law 19-0903
  • 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. See N.Y. Environmental Conservation Law 19-0903
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Emission: means the release of acid deposition precursors into the atmosphere from any facility or stationary source. See N.Y. Environmental Conservation Law 19-0903
  • 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. See N.Y. Environmental Conservation Law 19-0903
  • facility: means a steam electric generating facility with a generating capacity of fifty thousand kilowatts or more which burns fossil fuel. See N.Y. Environmental Conservation Law 19-0903
  • 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. See N.Y. Environmental Conservation Law 19-0903
  • 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. See N.Y. Environmental Conservation Law 19-0903
  • 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. See N.Y. Environmental Conservation Law 19-0107
  • 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. See N.Y. Environmental Conservation Law 19-0903
  • 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. See N.Y. Environmental Conservation Law 19-0903
  • Statute: A law passed by a legislature.

1. a. In the absence of a controlling federal statute or program which the commissioner determines is consistent with the purpose and intent of this title, the department shall promulgate, no later than January first, nineteen hundred eighty-six, an interim control target for the control of sulfate deposition at each sensitive receptor area where the environmental threshold value is exceeded, and rules and regulations necessary to implement such targets.

b. Any such interim control target promulgated pursuant to this section shall take effect on January first, nineteen hundred eighty-eight, and all facilities and stationary sources shall be in compliance with the interim control target by such date.

c. In connection with the promulgation of an interim control target, the department shall prepare an analysis of the economic impact of the implementation of such target.

2. The department shall not require or prohibit any particular control technique to achieve any such interim control target, but shall allow the use of any or all reasonable sulfur dioxide emission control techniques, including but not limited to:

a. The substitution of lower sulfur content fossil fuels.

b. One or more combinations of blending various sulfur content fossil fuels.

c. The precombustion cleaning of coal.

d. The conversion or modification of an existing boiler to a boiler capable of burning a lower-sulfur content coal.

e. The use of best available control technology at the time of construction, reconstruction or substantial addition to or alteration of a facility or stationary source.

f. The installation of flue gas desulfurization equipment.

g. The installation of fluidized bed boilers.

h. For persons operating multiple boilers, the coordinated operation of these boilers to minimize the discharge of sulfur dioxide from them.

i. The use of least emissions dispatch.

j. The decommissioning of a facility or stationary source.

k. The purchasing of electricity or steam from another person, so as to lessen the operation of a facility or stationary source, provided such purchase does not contribute to a net increase in acid deposition in sensitive receptor areas.

l. The implementation of energy conservation measures to lessen the amount of operation of a facility or stationary source.