AIR REGULATIONS AND PERMITS

New York City Department of Environmental Protection (DEP)

1. New York City DEP’s Air Pollution Control Code (March 1992)
     -code amendments, if any for CHP projects
2. Engineering Fee Schedule
3. Engineer’s Professional Certification (in triplicate)
4. Application to operate Fossil Fuel Combustion Equipment (Form APC 5-C)
5. APC III PA Environmental Rating Report Summary of Points Emission (One Set)
6. Material Safety Data Sheet for Each Contaminant (One Set)
7. Fuel Oil Burning Criteria – Engineering Criteria
8. Application for Boiler Registration (APC 501) (renew every 3 years)
     -instructions
9. Title 15 City Rules – Official Compilation; Vol. 5, Titles 15-18
     a. -code amendments, if any for CHP projects
10. NYAC Title 24, Chs. 1 & 2
     a. -code amendments, if any for CHP projects
11. City Environmental Quality Review Manual, Appendices and Forms
12. Application for Stationary Combustion Installation Boilers (construct or operate)
(Form 76-11-4)
      -instructions
13. Application for Process, Exhaust and/or Ventilation (Construct or Operate)
(Form 76-19-3)
     -instructions for completing Form 76-19-3
     -related instructions for completing Form 76-19-2
     -related instructions for completing Form 76-19-13

New York State Department of Environmental Conservation (DEC) air permits
All items listed below found at [http://www.dec.state.ny.us/website/dar/boss/resource.html]

State Facility Permits
     -instructions
Request for Modifications
     DEC Regulations identifying exempt facility modifications
Title V Permit
     -completed samples
     -instructions to complete Title V application
Minor Facility Registration (renewal not required, generally)
Continuing Application
Exemption Form

BUILDING CODES AND PERMITS

New York City Department of Environmental Protection

Noise Control Code (Title 24 - Chapter 2, March 1998)
www.nonoise.org/lawlib/cities/newyork.htm

Asbestos Abatement Activity Forms [http://www.ci.nyc.ny.us/html/dep/html/asbestosf.html]

Form ACP9, "Asbestos Variance Application"
         -instruction sheet
Form ACP8, "Asbestos Project Amendment Form for Form ACP 7"
         -instruction sheet
Form ACP7, "Asbestos Inspection Report" Asbestos Project Notification
         -instruction sheet
         -Regulatory Interpretation Memorandum
Form ACP5, "Not an Asbestos Project" Notification
         -instruction sheet

* Certified Asbestos Investigators, Contractors and Firms [http://www.ci.nyc.ny.us/html/dep/html/airfirms.html]

* Asbestos Rules and Regulations [http://www.ci.nyc.ny.us/html/dep/html/asbestos.html]

New York City Department of Buildings

NYC Building Code [http://www.ci.nyc.ny.us/html/dob/html/code.html]
-includes links to “Reference Standards”

See for example Regulations for Gas distribution piping operating at pressure levels above 10 psig, found at Reference Standards 16 (RS 16-5) Part 115.7n

DOWNLOADABLE FORMS:
Complaints
Complaint Form (ADM-55) [http://www.nyc.gov/html/dob/html/pdfinst.html#complaints]

Work Permits
Plan/Work Approval Application (PW-1) [http://www.nyc.gov/html/dob/html/pdfinst.html#permit]
         -instructions

Schedule C – Heating & Combustion Equipment (PW-1C) [http://www.nyc.gov/html/dob/html/pdfinst.html#permit]
         -instructions

Work Permit Renewal application (PW2) [http://www.nyc.gov/html/dob/html/pdfinst.html#permit]
         -instructions
         -tips

Cost Affidavit (PW-3) [http://www.nyc.gov/html/dob/html/pdfinst.html#permit]

Equipment Use Application/Permit with instructions (PW-4) [http://www.nyc.gov/html/dob/html/pdfinst.html#permit]

Certificate of Occupancy (PW-6) [http://www.nyc.gov/html/dob/html/pdfinst.html#permit]
         -instructions

Local law 58 of 1987 Accessibility Waiver Request (PEO-1) [http://www.nyc.gov/html/dob/html/pdfinst.html#permit]

Form for Additional Information (AI-1) [http://www.nyc.gov/html/dob/html/pdfinst.html#permit]

Technical Reports
1. Statement of Responsibility (TR-1) [http://www.nyc.gov/html/dob/html/pdfinst.html#tech]

Boilers
- Notice of Proposed Boiler Installation (900A) [http://www.nyc.gov/html/dob/html/pdfinst.html#elev]
- Low Pressure Boiler – Annual Inspection Report (OP1-LP) [http://www.nyc.gov/html/dob/html/pdfinst.html#elev]

Materials and Equipment Acceptance
1. Materials or Equipment Acceptance Application (MEA-1) [http://www.nyc.gov/html/dob/html/pdfinst.html#mea]
2. Professional Certification of Laboratory Testing (MEA-2) [http://www.nyc.gov/html/dob/html/pdfinst.html#mea]
         -instructions (for MEA-1 and MEA-2)
         -required information list (for MEA-1 and MEA-2)

Plumbing
1. Alteration Repair Application (ARA-1) (for Minor Plumbing Repair/Oil Burning Installation/Sprinkler-Standpipe Work) (this form must be completed (starting August 3, 2000) by the Licensed Master Plumber, Licensed Boiler Installer or Licensed Fire Suppression contractor for approval by Local Law 6/97, and / or repairs requiring permits in accordance with section 27-175 of The Building Code). [http://www.nyc.gov/html/dob/html/pdfinst.html#plumb]

2. Notification of Proposed Self-certification of Plumbing Inspection/Test (OP-38) (used by licensed master plumbers and licensed fire suppression contractors to indicate to DOB date and time of inspection/tests). [http://www.nyc.gov/html/dob/html/pdfinst.html#plumb]

3. Self-certification of Plumbing Inspection/Test (OP-39) (used by licensed master plumbers, licensed fire suppression contractors and other qualified professionals to indicate to DOB inspection/tests results). [http://www.nyc.gov/html/dob/html/pdfinst.html#plumb]

New York State Building Codes

The New York State Code adopts the International Building Code® International Fire Code®, International Residential Code®, International Plumbing Code®, International Mechanical Code®, International Fuel Gas Code®, International Property Maintenance Code® and International Energy Conservation Code®.

The home page for the NYS Dept. of State – Division of Code Enforcement is
http://www.dos.state.ny.us/code/ls-codes.html

The Division provides technical assistance, administers variances, delivers educational courses, oversees the enforcement practices of local governments and serves as secretariat to the State Fire Prevention and Building Code Council.
New York State Codes FAQ have been prepared by the Division and are available at
http://www.dos.state.ny.us/code/faq.htm

The full set of codes are also available through the International Conference of Building Code Officials
http://www.icbo.org/Code_Talk/Adoptions/ny-codes.html

New York State Department of Environmental Conservation

New York State Air Permit Regulations are available on the internet and referenced throughout this guide. Information on 6 NYCRR SubPart 201 can be obtained in detail on the internet or by contacting the regional DEC offices or the central DEC office in Albany

The GATEWAY to information online, including linkages to all permits applications, permit guidance, regulations and reports can be found at
http://www.dec.state.ny.us/website/locator/enper.html#guidance

From this page, all DEC permits and applications can be found at
http://www.dec.state.ny.us/website/dcs/permits_level2.html

Detailed information on air permits can be located from
http://www.dec.state.ny.us/website/dcs/air/index.html

Assessing and Mitigating Visual Impacts by Jeffrey Sama ( July 31, 2000) is available at
http://www.dec.state.ny.us/website/dcs/policy/visual/visual2000.PDF

Assessing and Mitigating Noise Impacts by Jeffrey Sama ( October 2000) is available at
http://www.dec.state.ny.us/website/dcs/policy/noise/noise2000.PDF

SITING

Land Use & Zoning Regulation Considerations are very localized in nature.
Make sure to discuss the project in early stages with the local codes inspector, planning department and zoning board if any

APPENDIX B
SEQR/CEQR Thresholds

New York State SEQR Regs:
6 N.Y.C.R.R. Part 617 (or Article 8 of the Environmental Conservation Law)
[http://www.dec.state.ny.us/website/regs/617.htm]

o A Citizen’s Guide to SEQR by DEC [http://www.dec.state.ny.us/website/locator/enper.html#guidance]
o SEQR Cookbook by DEC [http://www.dec.state.ny.us/website/locator/enper.html#guidance]
o SEQR forms downloadable [http://www.dec.state.ny.us/website/dcs/permits/olpermits/interface.html]
o Introduction to SEQR [http://www.dec.state.ny.us/website/dcs/seqr/seqr_1.html]
o Other SEQR publications [http://www.dec.state.ny.us/website/dcs/ep_pubs.html]

New York City: CEQR Technical Manual (October 2001) [http://www.nyc.gov/html/moec/html/ceqrdownload.html]

o Call 718-595-4412 for assistance from the Office of Environmental Planning & Assessment and to order the 2001 Appendices to the 2001 Technical Manual
o The Mayor’s Office of Environmental Coordination (MOEC)
• Environmental Assessment Statement Form (located at http://www.nyc.gov/html/moec/html/easdownload.html)

NOTE: SEQR short forms are prepared by the project manager at the initial stages of the plan, stored on site and made available to DEC or your local planning board official upon request. [http://www.dec.state.ny.us/website/dcs/permits/olpermits/shorteaf.pdf]

NOTE: Most, if not all, CHP projects are UNLISTED actions AND will most commonly result in an initial agency finding of no significant impact (FONSI) during any environmental assessment done pursuant to SEQR/CEQR. Therefore, no full-scale environmental impact statement (EIS) would be required. In the rare event that a draft EIS becomes necessary (e.g., an agency funding or project development involved), the lead agency would almost always issue a negative declaration (negdec) as the quality of the human involvement would not be significantly and adversely affected, thereby resulting in no additional follow up done by the government facility to comply with SEQR/CEQR requirements.

NOTE: Generally in NYC, CEQR does not command you to prepare either an Environmental Assessment or an Environmental Impact Statement if the generator size is less than 5MW in size. For more information go to website at [http://www.nyc.gov/html/moec/html/ceqrdownload.html]

APPENDIX C: This BAR CHART describes the maximum generator size for which a REGISTRATION may be an acceptable permitting level in the New York City Region, given certain NOX emissions rates. It further assumes that there are no other air emissions point sources at the facility. For example, if your NOX emission rate exceeds 3.0 lbs./MWH then the maximum generator size is 950 KW, assuming no other NOX point sources. That is, your PTE for a generator greater than 950 KW with a NOX rate of 3.0 lbs/MWH will exceed the 12.5 Ton Per Year threshold that is required for a REGISTRATION in the New York Severe Non-Attainment area. In this case, you will probably require a STATE FACILITIES PERMIT. If your PTE exceeds 25 tons per year, including ALL point sources at your site, you may need a TITLE V MAJOR SOURCE permit. These numbers are multiplied by 4 for areas in Upstate NY that are outside of the Severe Non-Attainment area.

APPENDIX D
State New Source Reviews Pursuant to Part 231

1. EPA requires States, such as New York, to develop minor NSR programs to address growth from facilities that do not trigger major facility cutoffs, and from modifications that do not increase emissions above the significant levels established in regulation.

2. NSR requirements are different for nonattainment areas where a state’s NSR program can only be a SIP-approved program meeting the criteria listed in federal NSR regulations for SIP approval.

Generally, NSR is administered by state or local air pollution permitting authorities.

APPENDIX E
Nonattainment Preconstruction Reviews
• Nonattainment preconstruction reviews applies to modifications such as some larger CHP unit installations and, if needed, requires use of the lowest achievable emissions rate (LAER).

• For nonattainment NSR, the major source threshold ranges from 100 tpy down to 10 tpy depending on the regulated air pollutant emitted and on the severity of the air quality problem where the source is located.

• To be a major source under nonattainment NSR, the source must actually or potentially emit above the major source level the specific pollutant (or its precursor) for which the area is designated nonattainment (e.g., NOx or VOC).

• To obtain a nonattainment permit, the applicant must offset its emissions increase by securing emission reductions from other sources in the same area or under the same DEC Permit Number.

• The amount of the offset must be as great or greater than the new increase depending on the severity of the area’s nonattainment classification and on the type of pollutant.

• Offsets must be real, lifetime reductions in emissions, not otherwise required by the Clean Air Act.

Source: EPA’s “NSR 90-Day Review: Background Paper,” June 22, 2001, Docket A-2001-19, Document II-A-01, p.5.

APPENDIX F
MODIFICATIONS REQUIRING NOTIFICATION TO DEC

•Changes that cause emission levels to exceed those specified in a regulation or federally-enforceable emissions cap.

•Changes that cause your facility to be subject to a new regulation or requirement.

•Relocating an emission point at the facility.

•Emitting a regulated air pollutant not already listed on your permit.

•Installing or altering emission control equipment.

Source:
1) NYS EFC Small Business Assistance Program (SBAP) Clean Air News Volume 4, Number 2; Spring/Summer 2000, “DEC’s Registration & Permit Application Review Procedures,” p.4.

More FAQ's On Modifications

•DEC must make a final decision on your proposed modification within 15 days of receiving your completed request.

•Facility modifications that do not require DEC approval include:

(1) changes that do not seek to modify an emissions cap, and
(2) changes that do not subject the facility to a new regulation or emissions standard.

•In NYC, event requiring DEP approval of modification sometimes triggered by complaints.

Source: NYS EFC Small Business Assistance Program (SBAP) Clean Air News Volume 4, Number 2; Spring/Summer 2000, “DEC’s Registration & Permit Application Review Procedures,” pgs.4,12.

MORE REGULATORY RELIEF

CHP installation at your facility will likely not be a significant project, which relieves much of the regulatory burden from choosing this project.

DEC may allow certain applicants to avoid transitioning to Title V status, Part 201-6.2, by proposing limits or a “cap” on their facility’s potential to emit.

Part 201-6.5(g): Permit shields will protect facilities that stay below the emission limits stated in the permits after installing CHP equipment.

Part 201-6.7(c)(1): Minimal permit modifications are allowed under circumstances listed here.
Allowable Minor Modifications:

(i) Do not violate any applicable requirement;
(ii) Do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the permit and are not otherwise a significant change in the permit.
(iii)Do not require or change a case-by-case determination of a federal emission limitation or other federal standard, or a specific determination for portable sources causing adverse ambient impacts, or a visibility or increment analysis;
(iv) Do not seek to establish or change a permit term or condition that the facility has assumed to avoid an applicable requirement to which the emission source would otherwise be subject. Such terms and conditions include:
(a) A federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I of the Act, including Part 231 of this Chapter; or
(b) An alternative emissions limit approved pursuant to the early reduction program under Section 112 of the Act.
(v) Are not modifications under any provision of Title I of the Act, including modifications resulting in significant net emission increases as defined and regulated under Part 231 of this Chapter or the federal Prevention of Significant Deterioration program regulations at 40 CFR 52.21.

Sources:
1. Department of Environmental Conservation – Division of Air Resources, “Permit Profile: Air Pollution Control,” October, 1998.
2. 6 NYCRR Parts 201-6.7(d)(v), 201-6.5(g), 201-6.7(c)(1).

APPENDIX G: NETTING AND OFFSETS

NETTING CALCULATIONS UNDER NSR FOR NEW SOURCES/FACILITIES

Trigger: Modifications that result in a significant net emissions increase of any regulated pollutant under the Clean Air Act require a NSR.

Strategy: A major facility can “net” the CHP-induced emissions increase by offering past or future emissions decreases at its other units located at the same facility to counterbalance this increase and exempt CHP projects from certain preconstruction permit requirements.

Note: Units within the same facility will be under the same DEC Permit ID Number.

Limitations:

A) Future emissions offered to offset current year emissions can not extend period 5 calendar years.
B) The CHP unit operations must meet:
i) applicable new source performance standards (NSPS) under CAA § 111(a)(1),
ii) national emissions standards for hazardous air pollutants (NESHAPs) listed in CAA § 112 or an EPA Notice-of-Intent-to-List,
iii) preconstruction applicability review requirements under 40 CFR 51.18(a)-(h), and
iv) New York State Implementation Plan (SIP) requirements.

Ultimately, the net increase emissions increase resulting from the netting calculation must result in an increase above the significance level for nonattainment NSR to apply.

Sources:
1. EPA’s “NSR 90-Day Review: Background Paper,” June 22, 2001, Docket A-2001-19, Document II-A-01, p.4.
2. Squillace, Mark S. and David R. Wooley, Air Pollution, 1999: Third Edition, Anderson Publishing Company (Cincinnati, Ohio).

NETTING CALCULATIONS UNDER NSR FOR EXISTING SOURCES

- For existing sources, the net increase in emissions is compared against the significance level, not the entire emissions for the modified unit(s).

- Current emissions equal actual emissions over the recent past, i.e., within three calendar years.

- Future increases are generally determined using maximum capacity to emit, or stated permit limits.

- For electrical utilities, compare past actual emissions with future actual emissions.

Source: EPA’s “NSR 90-Day Review: Background Paper,” June 22, 2001, Docket A-2001-19, Document II-A-01, p.4.

EMISSION OFFSETS

- Subpart 231-2.9: Applies for a proposed source project, including some CHP projects, which emits VOC (volatile organic compounds, NOx (Nitrogen Oxides), PM-10 (particulate matter over ten microns) or CO (carbon monoxide).

- Requires that the project emission potential or facility emission potential respectively shall be “offset” by past or future emissions decreases at the same facility’s other units in the same nonattainment area according to the offset ratios found in Subpart 231-2.9(b)(1) [http://www.dec.state.ny.us/website/regs/231b.htm#231-2!9] and 40 CFR 51.18(j) (SIP requirements). This “bubble” concept is applied similarly by EPA when applicable pursuant to CAA § 173(c)(1), 42 U.S.C. § 7503(c)(1), which also allows a source to offset its emissions with a source in another nonattainment area when certain conditions are met. Also see 51 Fed. Reg. 43,814 (1986).

- Subpart 231-2.9(e)(1)(i)[ http://www.dec.state.ny.us/website/regs/231b.htm#231-2!9]:

Intrastate offset sources. An emission offset of VOC or NOx be obtained from:

 - the same ozone nonattainment area, or
- other ozone nonattainment areas of equal or higher classification, if emissions from such other areas contribute to a violation of the NAAQS for ozone in the nonattainment area where the proposed source project or proposed major facility is to be located.
Appendix D [ftp://www.dec.state.ny.us/dar/library/airguides/ag26appd.pdf ] of Air Guide 26 (or equivalent department policy) may be used by an applicant to find default acceptable VOC or NOx offset source locations within New York State or to do a case specific contribution demonstration.

Sources:
1) 6 NYCRR Part 231-2.9.
2) DEC’s Air Guide 26, Appendix D [ftp://www.dec.state.ny.us/dar/library/airguides/ag26appd.pdf ].

INTERNAL OFFSET EXEMPTION (for SEVERE nonattainment areas only) (DOWNSTATE)

- Part 231-2.8 [http://www.dec.state.ny.us/website/regs/231b.htm#231-2!8]: If found to be a significant project, this section represents a mechanism for avoiding a determination of applicability of this Subpart, for emissions of VOC or NOx in the severe ozone nonattainment area only, in those instances where a significant source project is proposed at an existing major facility and a net emission increase determination of non-applicability is not possible.

- Part 231-2.1(20) [http://www.dec.state.ny.us/website/regs/231b.htm#231-2!1]: Definition of internal offset.

- Part 231-2.1(25) [http://www.dec.state.ny.us/website/regs/231b.htm#231-2!1]: Definition of offset ratio.

Source: 6 NYCRR Parts 231-2.8, 231-2.1.

OFFSET RATIOS (for ANY nonattainment pollutant)

(1) Subpart 231-2.9(b)(1) [http://www.dec.state.ny.us/website/regs/231b.htm#231-2!9] An emission offset of VOC or NOx shall exceed the corresponding project emission potential or facility emission potential (subsequent to application of LAER-downstate or BACT-upstate), as appropriate, by the ratio amounts indicated in section 231-2.12 of this Subpart [http://www.dec.state.ny.us/website/regs/231b.htm#231-2!12].

(2) Subpart 231-2.9(b)(2) [http://www.dec.state.ny.us/website/regs/231b.htm#231-2!9] An emission offset of PM-10 or CO shall at least equal the corresponding project emission potential or facility emission potential (subsequent to application of LAER-downstate or BACT-upstate), as appropriate. A greater amount of offset may be required to provide a net air quality benefit as set forth in section 231-2.9(d) of this Subpart [http://www.dec.state.ny.us/website/regs/231b.htm#231-2!9].

Source: 6 NYCRR Part 231-2.9(b)(1)-(2),(d).

OFFSETS IN SEVERE NONATTAINMENT AREAS (DOWNSTATE)

• Part 231-2.2(b)(2) [http://www.dec.state.ny.us/website/regs/231b.htm#231-2!2]: At an existing major facility located in a severe ozone nonattainment area, if the facility emissions potential of VOC or NOx is 100 tons per year or more, then:

– (i) both an emission offset of the project emission potential at a ratio of at least 1.3 to 1 and LAER (CAA § 173) are required; or
– (ii) if the project emission potential is internally offset at a ratio of at least 1.3 to 1, the proposed source project is exempt from the requirements of LAER and an emission offset, but is subject to sections 231-2.3 [http://www.dec.state.ny.us/website/regs/231b.htm#231-2!3] and 231-2.4 [http://www.dec.state.ny.us/website/regs/231b.htm#231-2!4] of this Subpart.

• Part 231-2.2(b)(1) [http://www.dec.state.ny.us/website/regs/231b.htm#231-2!2]: At an existing major facility located in a severe ozone nonattainment area, if the facility emissions potential of VOC or NOx is less than 100 tons per year, then:

– (i) an emission offset of the project emission potential at a ratio of at least 1.3 to 1 is required, except that best available control technology (BACT) may be substituted for LAER; or
– (ii) if the project emission potential is internally offset at a ratio of at least 1.3 to 1, the proposed source project is exempt from the requirements of BACT and an emission offset, but is subject to sections 231-2.3 [http://www.dec.state.ny.us/website/regs/231b.htm#231-2!3] and 231-2.4 [http://www.dec.state.ny.us/website/regs/231b.htm#231-2!4] of this Subpart.

Sources:
1) 6 NYCRR Part 231-2: REQUIREMENTS FOR EMISSION UNITS SUBJECT TO THE REGULATION ON OR AFTER NOVEMBER 15, 1992.

2) 6 NYCRR Part 231-1: REQUIREMENTS FOR EMISSION UNITS SUBJECT TO THE REGULATION BEFORE NOVEMBER 15, 1992.

OFFSETS IN NON-SEVERE NONATTAINMENT AREAS (UPSTATE)
The offset ratios in New York’s Upstate region are more lenient as the following table indicates:

§231-2.12 [http://www.dec.state.ny.us/website/regs/231b.htm#231-2!12] -
Table 2 - Ozone nonattainment area and transport region classification for volatile organic compounds (VOC) and nitrogen oxides (NOx).

Ozone Nonattainment Area and Transport Region Classification for VOC and NOx

1 - facility emission potential
2 – project emission potential
3 - net emission increase

Source: 6 N.Y.C.R.R. Parts 231-2.2(b), 231-2.12

APPENDIX H
GLOSSARY OF KEY TERMS

ATTAINMENT AREA – An area which currently does meet the the National Ambient Air Quality Standards for a criteria pollutant as listed in New York’s State Implementation Plan and administered by the Department of Environmental Conservation and the Department of Environmental Protection. Contrast Non-Attainment Area.

BASELINE CONCENTRATION – The ambient concentration level of a pollutant which exist at the time of the first application for a air permit. Used to determine significant emissions increases for major modifications.

BEST AVAILABLE CONTROL TECHNOLOGY (BACT) – An emission limitation based on the maximum degree of reduction which DEC determines is achievable taking in to account energy, environmental and economic impacts and other costs. CAA § 169(3).

BIOMASS - Plant materials and animal waste used as a source of fuel.

BRAKE HORSE POWER (BHP)

BTU (British Thermal Unit). A standard unit for measuring the quantity of heat energy equal to the quantity of heat required to raise the temperature of 1 pound of water by 1ºF between 32ºF and 212ºF.

CAP – A limit on the tons of a pollutant that can be emitted in a specific period for a specific sector and/or region. A cap is sometimes called an emissions budget.

CAPACITY - The maximum load a generating unit, generating station, or other electrical apparatus is rated to carry by the user or the manufacturer or can actually carry under existing service conditions.

CLEAN AIR ACT (CAA) – Legislation to protect ambient air quality, enacted in 1970 by the U.S. Congress and amended by them most recently in 1990. CAA regulates the nation’s pollutant emissions from power plants, industrial facilities, and equipment through the reduction or mitigation of pollutants.

COGENERATION - Production of heat energy and electrical or mechanical power from the same fuel source and in the same facility. A typical cogeneration facility produces electricity and steam for industrial process use.

Cogeneration means the sequential use of energy for the production of electrical and useful thermal energy. The sequence can be thermal use followed by power production or the reverse, subject to the following standards: (a) At least 5 percent of the cogeneration project's total annual energy output shall be in the form of useful thermal energy. (b) Where useful thermal energy follows power production, the useful annual power output plus one-half the useful annual thermal energy output equals not less than 42.5 percent of any natural gas and oil energy input.

COMBUSTION TURBINE - A fossil-fuel-fired power plant that uses the conversion process known as the Brayton cycle. The fuel, oil, or gas is combusted and drives a turbine-generator.

COMBINED HEAT AND POWER (CHP)
Utilization of otherwise wasted heat as steam or hot water for heating, cooling or additional power that lowers energy costs and increases power reliability. CHP systems use the same energy source for the simultaneous or sequential generation of electrical power, mechanical shaft power, or both, in combination with the generation of steam or other forms of useful thermal energy (including heating and cooling applications). Also see COGENERATION.

CRITERIA POLLUTANTS – CAA § 108(2) Pollutants for which National Ambient Air Quality Standards (NAAQS) have been set by the EPA:

7. Carbon monoxide (CO)
8. Nitrogen oxides (NOx)
9. Sulfur dioxide (SO2)
10. Particulate matter (with an aerodynamic diameter less than 10 microns) (PM-10)
11. Ozone (and its precursors)
12. Lead

DEPARTMENT OF ENERGY (DOE) (US DOE) -- The federal department established by the Department of Energy Organization Act to consolidate the major federal energy functions into one cabinet-level department that would formulate a comprehensive, balanced national energy policy.

DIESEL OIL Fuel for diesel engines obtained from the distillation of petroleum. It is composed chiefly of aliphatic hydrocarbons. Its volatility is similar to that of gas oil. Its efficiency is measured by cetane number.

DISTILLATE FUEL OIL A general classification for one of the petroleum fractions produced in conventional distillation operations. It includes diesel fuels and fuel oils. Products known as No. 1, No. 2, and No. 4 diesel fuel are used in on-highway diesel engines, such as those in trucks and automobiles, as well as off-highway engines, such as those in railroad locomotives and agricultural machinery. Products known as No. 1, No. 2, and No. 4 fuel oils are used primarily for space heating and electric power generation.

DISTILLATE FUEL OIL NO. 2 Diesel Fuel: A fuel that has distillation temperatures of 500 degrees Fahrenheit at the 10-percent recovery point and 640 degrees Fahrenheit at the 90-percent recovery point and meets the specifications defined in ASTM Specification D 975. It is used in high-speed diesel engines, such as those in railroad locomotives, trucks, and automobiles. Low Sulfur Diesel Fuel: No. 2 diesel fuel that has a sulfur level no higher than 0.05 percent by weight. It is used primarily in motor vehicle diesel engines for on-highway use. High Sulfur Diesel Fuel: No. 2 diesel fuel that has a sulfur level above 0.05 percent by weight. Fuel oil (Heating Oil): A distillate fuel oil that has distillation temperatures of 400 degrees Fahrenheit at the 10-percent recovery point and 640 degrees Fahrenheit at the 90-percent recovery point and meets the specifications defined in ASTM Specification D 396. It is used in atomizing type burners for domestic heating or for moderate capacity commercial/industrial burner units.

DISTRIBUTED GENERATION (DG) – The production of electricity at or near an end user’s facility.

ELECTRICITY
Energy derived from either moving or stationary electric charge, usually electrons, and the science, technology, and applications associated with this energy form. Electricity is a high-quality form of energy in that it can be used to do work with little transformation loss, this loss having already been expended in the production of the electricity.

Electricity is a property of the basic particles of matter. A form of energy having magnetic, radiant and chemical effects. Electric current is created by a flow of charged particles (electrons).

ELECTRIC GENERATOR A device that converts a heat, chemical or mechanical energy into electricity.

ELECTRIC UTILITY Any person or state agency with a monopoly franchise (including any municipality), which sells electric energy to end-use customers; this term includes the Tennessee Valley Authority, but does not include other Federal power marketing agency.

EMISSION STANDARD The maximum amount of a pollutant legally permitted to be discharged from a single source.

EMISSIONS UNIT – Any part of a stationary source that emits or has the potential to emit any pollutant subject to regulation under the Clean Air Act.

ENERGY The capacity for doing work. Forms of energy include: thermal, mechanical, electrical and chemical. Energy may be transformed from one form into another.

ENERGY CONSERVATION - a term which has also been used but it has the connotation of doing without in order to save energy rather than using less energy to do the some thing.

ENERGY EFFICIENCY Using less energy/electricity to perform the same function or programs designed to use electricity more efficiently by doing the same with less.

ENVIRONMENTAL ASSESSMENT (EA)
A public document that analyzes a proposed federal action for the possibility of significant environmental impacts. The analysis is required by NEPA. If the environmental impacts will be significant, the federal agency must then prepare an environmental impact statement.

ENVIRONMENTAL IMPACT STATEMENT (EIS)
A statement of the environmental effects of a proposed action and of alternative actions. Section 102 of the National Environmental Policy Act (NEPA) requires an EIS for all major federal actions.

THE ENVIRONMENTAL PROTECTION AGENCY (EPA) A federal agency charged with protecting the environment.

FACILITY
An existing or planned location or site at which prime movers, electric generators, and/or equipment for converting mechanical, chemical, and/or nuclear energy into electric energy are situated, or will be situated. A facility may contain more than one generator of either the same or different prime mover type. For a cogenerator, the facility includes the industrial or commercial process.

FONSI
Finding of No Significant Impact. A document describing the reasons why the impacts of a proposed federal action are not significant. Required by NEPA after an environmental assessment when a federal agency is not preparing an environmental impact statement.

FUEL - A substance that can be burned to product heat.

FUEL CELL - An advanced energy conversion device that converts fuels to power very efficiently and with minimal environmental impact. A device that converts the energy of a fuel directly to electricity and heat without combustion.

A device or an electrochemical engine with no moving parts that converts the chemical energy of a fuel, such as hydrogen, and an oxidant, such as oxygen, directly into electricity. The principal components of a fuel cell are catalytically activated electrodes for the fuel (anode) and the oxidant (cathode) and an electrolyte to conduct ions between the two electrodes, thus producing electricity.

FUEL OIL Petroleum products that are burned to produce heat or power.

GAS
A fuel burned under boilers and by internal combustion engines for electric generation. These include natural, manufactured, and waste gas.

GAS TURBINE PLANT
A plant in which the prime mover is a gas turbine. A gas turbine consists typically of an axial-flow air compressor, one or more combustion chambers, where liquid or gaseous fuel is burned and the hot gases are passed to the turbine and where the hot gases expand to drive the generator and are then used to run the compressor.

GEOTHERMAL - An electric generating station in which steam tapped from the earth drives a turbine-generator, generating electricity.

JOULE
The unit of work or energy in the pounds per second system, being the amount of work done equal to 10,000,000 ergs.

KILOWATT (kW) - The electrical unit of power equal to 1,000 watts.

Kilowatt-Hour (kWh) - The basic unit of electric energy equal to one kilowatt of power supplied to or taken from an electric circuit for one hour.

A watt is a unit of power in the International System of Units (SI) that is required to do work at the rate of 1 joule per second. Kilo is from the metric system and means 1,000. Therefore, a kilowatt is power required to do work at the rate of 1,000 joules per second.

A Kilowatt-hour is the total number of kilowatts used in one hour, or 3,600,000 joules. A unit of electrical energy equal to that done by one kilowatt acting for one hour.

LOWEST ACHIEVABLE EMISSIONS RATE (LAER) – The rate of emissions which reflects the most stringent emission limitation which is contained in the NY SIP or, the most stringent emission limitation achieved in practice, whichever is more stringent. CAA § 171(3).

MAJOR SOURCE (TITLE V) – Federal regulations require states to initially classify a combustion facility as Major if its physical capacity (i.e., heat input design rating) and operational capacity (i.e., continuous operation-24 hrs/day, 365 days/yr), also known as potential to emit (PTE), equal or exceed the Major thresholds. Limiting factors such as seasonal operation or fuel usage may give a more realistic actual annual emission level. However, these limiting factors must be recorded in a DEC air permit to be considered valid

MAJOR MODIFICATION – A physical change or change in the method of operation at an existing major source that causes a net emissions increase of any regulated pollutant that is considered significant.

MEGAWATT (MW) One thousand kilowatts or one million watts. One megawatt is enough energy to power 1,000 average homes.

MEGAWATT HOUR (MWh) One thousand kilowatt-hours, or an amount of electricity that would supply the monthly power needs of a typical home having an electric hot water system.

MMBtu – Million BTUs.

MODIFICATION - A physical change (where maximum hourly emissions are increased – 40 C.F.R. § 60.14(h)) or a change in method of operation.

NAMEPLATE RATING
The full-load continuous rating of a generator or other electrical equipment under specified conditions as designated by the manufacturer, and written on the nameplate.

NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS) – EPA-set standards that limit the allowable outdoor concentration of criteria pollutants. CAA § 109.

NEPA

NATIONAL EMISSION STANDARD for HAZARDOUS AIR POLLUTANTS (NESHAPs) – Standards established under CAA § 112 to control emissions of hazardous air pollutants.

NATURAL GAS A gaseous mixture of hydrocarbon compounds, found in the earth, composed of methane, ethane, butane, propane and other gases.

NET EMISSIONS INCREASE – Emissions increases associated with the proposed source or modification, minus source-wide emissions decreases , plus source-wide emissions increases.

NEW SOURCE PERFORMANCE STANDARDS (NSPS) – Emission standard prescribed for criteria pollutants from certain stationary source categories under Section 111 of the Clean Air Act.

NEW SOURCE REVIEW (NSR) – Program for pre-construction review and permitting of new emission sources. In New York, NSR administered by DEC through 6 N.YC.R.R. Part 231.

NON-ATTAINMENT AREA – An area which currently does not meet NAAQS for a given criteria pollutant. CAA § 171(2). Contrast Attainment Area.

NON-ATTAINMENT NEW SOURCE REVIEW – The new source review (NSR) program applicable to sources located in areas that are not in attainment for a given pollutant.

NITROGEN OXIDES (NOx ) Oxides of nitrogen that are a chief component of air pollution that can be produced by the burning of fossil fuels.

New York State Energy Research And Development Authority (NYSERDA)

OFFSETS – The principle which prohibits the construction of major new sources of air pollution in nonattainment areas unless the proponent of the new source can obtain reductions in pollution within the area that will more than compensate for the pollution contributions to be made by the new source. CAA § 173(a)(1).

PHOTOVOLTAICS - A technology that directly converts light into electricity. The process uses modules, which are usually made up of many cells (thin layers of semiconductors).

POTENTIAL-TO-EMIT (PTE) – means the maximum capacity of an air pollution source to emit any regulated air pollutant under its physical and operational design; PTE assumes the source operates at maximum capacity 24 hours per day, 365 days per year (8760 hours/yr). Capability at maximum design capacity to emit a pollutant, except as constrained by federally-enforceable conditions.

POWER The rate at which energy is transferred. Electrical energy is usually measured in watts. Also used for a measurement of capacity.

POWER PLANT A central station generating facility that produces energy.

REGISTRATIONS – Ministerial acts not requiring a more traditional air permit. In NYC, refers to DEP boiler registrations.

RENEWABLE ENERGY - Energy that is capable of being renewed by the natural ecological cycle. Resources that constantly renew themselves or that are regarded as practically inexhaustible. These include solar, wind, geothermal, hydro and wood. Although particular geothermal formations can be depleted, the natural heat in the earth is a virtually inexhaustible reserve of potential energy. Renewable resources also include some experimental or less-developed sources such as tidal power, sea currents and ocean thermal gradients.

SIGNIFICANT EMISSIONS INCREASE – Threshold increases in net emissions in a major modification as set for each pollutant by EPA (and DEC).

SOURCE-WIDE – Occurring anywhere within the entire stationary source or within the same DEC Facility ID #.

STATE IMPLEMENTATION PLAN (SIP) – SIPs are plans developed by the states subject to EPA approval for achieving and maintaining the NAAQS for that state. If a state fails to adopt an adequate SIP, EPA must devise and implement a SIP for that state.

STATIONARY SOURCE – Any “building, structure, facility, or installation” that emits or has the potential to emit any air pollutant subject to regulation under the Clean Air Act (see Appendix J )

THERMAL RECOVERY – Useful heat produced from generating electricity for heating, cooling or processing (steam, hot water, etc.).

U.S. DEPARTMENT OF ENERGY (DOE) - The DOE managers programs of research, development and commercialization for various energy technologies, and associated environmental, regulatory and defense programs. DOE announces energy policies and acts as a principal advisor to the President on energy matters.
U.S. Environmental Protection Agency (EPA) - The EPA administers federal environmental policies, enforces environmental laws and regulations, performs research, and provides information on environmental subjects. The agency also acts as chief advisor to the President on U.S. environmental policy and issues.

WATT - The electric unit of power or rate of doing work equal to 3.4 BTU/hour.. One horsepower is equivalent to approximately 746 watts. A unit of measure of electric power at a point in time, as capacity or demand. One watt of power maintained over time is equal to one joule per second. Some Christmas tree lights use one watt. The Watt is named after Scottish inventor James Watt and is capitalized when shortened to w and used with other abbreviations, as in kWh.

WATT-HOUR One watt of power expended for one hour and one thousandth of a kilowatt-hour.

Glossary Terminology Sources:
California Energy Commission Glossary of Energy Terms [www.energy.ca.gov/glossary/index.html]

Energy Information Administration [www.eia.doe.gov/glossary/glossary_main_page.htm]

Getting to Know Arc View, ESRI Press

Merriam-Webster Online Dictionary

Squillace, Mark S. and David R. Wooley, Air Pollution, 1999: Third Edition, Anderson Publishing Company (Cincinnati, Ohio).

Oregon Office of Energy Biomass Energy Glossary [http://www.energy.state.or.us/biomass/Glossary.htm]

The Institute for Sustainable Energy at Eastern Connecticut State University [http://www.sustainenergy.org/glossary.asp]

Energy Ideas Organization’s Energy Glossary
[http://www.energyideas.org/glossary/]

Washington State University Energy Program CHP Guide

KEYSPAN Energy Delivery Glossary of Terms for Distributed Generation

Consolidated Edison’s Glossary of Electric Utility Competition Terms

APPENDIX J: STATIONARY SOURCE

Applicable Definition:
Any “building, structure, facility, or installation” that emits or has the potential to emit any air pollutant subject to regulation under the Clean Air Act.

WHERE

“building, structure, facility, or installation” means all the pollutant-emitting activities
(1) which belong to the same industrial grouping,*
(2) are located on one or more contiguous or adjacent properties, and
(3) are “under the control of the same person (or persons under common control or ownership).^

*Refers to “major groups” identified by two-digit codes in the Standard Industrial Classification (SIC) Manual, which is published by the Office of Management and Budget (OMB).

^U.S. Code regulations (applied in NY) codified in 40 CFR 51.165(a)(1)(ii), 40 CFR 52.21(b)(6), and 40 CFR 70.2.

Sources:
1) EPA’s interpretation of the decision made in Alabama Power Company v. Costle, 636 F.2d 323 (D.C. Cir. 1979).

2) EPA Draft Memo, “Source Determinations for Combined Heat and Power Facilities under the Clean Air Act New Source Review and Title V Programs.” Office of Air Quality Planning and Standards, OAR (MD-10), 10/15/01, p.4.

FIGURE 5. ALLOWABLE NATURAL GAS RECIP ENGINE SIZE REMAINING BELOW THE 50 TON PER YEAR THRESHOLD IN UPSTATE, NY: BASED ON VARIOUS EMISSIONS RATES (in Grams/BHP-Hour)

FIGURE 6. ALLOWABLE DIESEL ENGINE SIZE REMAINING BELOW THE 50TON PER YEAR THRESHOLD IN UPSTATE, NY: BASED ON VARIOUS EMISSIONS RATES (in Grams/BHP-Hour)

FIGURE 7. ALLOWABLE MICROTURBINE SIZE REMAINING BELOW THE 50TON PER YEAR THRESHOLD IN UPSTATE, NY: BASED ON VARIOUS EMISSIONS RATES (in Lbs./MWH-Hour)

FIGURE 8. GAS COMBUSTION TURBINE SIZE REMAINING BELOW THE 50 TON PER YEAR THRESHOLD IN UPSATE: BASED ON VARIOUS EMISSIONS RATES (in Lbs/MWH)

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© 2003 Pace Energy Project