§ 19-0919. General powers.

Terms Used In N.Y. Environmental Conservation Law 19-0919

  • Act: means the Federal Clean Air Act, 42 U. See N.Y. Environmental Conservation Law 19-0107
  • 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.
  • 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
  • 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. 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
  • 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. 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

1. Nothing in this title shall be construed to require or prohibit the department from:

a. extending compliance schedules, issuing variances or relaxing performance standards at any specific facility or stationary source, so long as such extension, issuance or relaxation does not result in:

(i) violation of any primary federal ambient air quality standard or any state ambient air quality standard; or

(ii) failure to make reasonable further progress in a non-attainment area pursuant to the federal clean air act; or

(iii) failure to attain the interim control target pursuant to section 19-0909 of this title; or

(iv) failure to attain the final control target pursuant to section 19-0911 of this title; or

(v) violation of the nitrogen control program pursuant to section 19-0913 of this title; or

(vi) creation of a public or private nuisance.

b. Continuing any special limitations until January first, nineteen hundred ninety-six or reauthorize any special limitation which has expired after the effective date of this title and prior to January first, nineteen hundred eighty-six.

c. Allowing any conversion or modification of a facility or stationary source to burn coal as a boiler fuel.

2. Nothing in this title shall be construed to establish a statewide cap or limitation on acid deposition precursors such that new sources would be excluded for the state.