New York Codes, Rules and Regulations (NYCRR)

9 NYCRR 7817.2

Executive Department

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Source version current through Oct 31, 2022

Later State Register activity may affect this section.

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For purposes of this Part, the terms hereinafter shall have the following meanings:

(a)The term cogeneration facility shall mean any facility with an electric generating capacity of up to 80 megawatts, together with any related facilities located at the same project site, which is fueled by coal, gas, wood, alcohol, solid wastes, refuse-derived fuel, water or oil, to the extent any such oil-fueled facility was fueled by oil prior to September 24, 1980 and there is no increase in the amount of oil used at the facility, or to the extent oil is used as a backup fuel for such facility, and which simultaneously or sequentially produces either electricity or shaft horsepower and useful thermal energy.
(b)The term alternate energy production facility shall mean any solar, wind turbine, waste management, resource recovery, refuse-derived fuel or wood-burning facility, together with any related facilities located at the same project site, with an electric generating capacity of up to 80 megawatts, which produces electricity, gas or useful thermal energy.
(c)The term small hydro facility shall mean:
(1)any hydroelectric facility with an electric generating capacity of up to 80 megawatts at an existing dam, together with any related facilities located at the same project site; and
(2)any hydroelectric facility with an electric generating capacity of up to 2½ megawatts that requires the construction of a new dam, together with any related facilities located at the same project site; provided, however, such term shall not include any such facility within either the Adirondack Park or the Catskill Park.
(d)The term related facilities shall mean any land, work, system, building, improvement, instrumentality or thing necessary or convenient to the construction, completion or operation of any cogeneration, alternate energy production or small hydro facility and include also such transmission or distribution facilities as may be necessary to conduct electricity, gas or useful thermal energy to users located at or near a project site.
(e)The term waste management facility shall mean facilities used for the treatment, processing or land disposal of liquid, semisolid or solid wastes.
(f)The term potentially dangerous equipment shall mean the following equipment which is an integral part of a cogeneration, small hydro or alternate energy production or related facility: boilers; gas, wind, water and steam turbines; heat engines; equipment specifically installed for the sole purpose of conveying, transmitting or distributing the gas produced at pressures of 2 psig or more; pipes specifically installed for the sole purpose of transferring, transmitting or distributing the useful thermal energy produced at temperatures exceeding 250°F; electrical generators, transformers, switchgear, substations, conductors and electrical lines specifically installed for the sole purpose of transmitting and distributing the electricity produced; stacks and air pollution control equipment having exposed surface temperatures exceeding 140°F; and supplies of fuel stored for the operation of such facility.
(g)The term thermal energy shall mean that heat energy transferred by steam, hot water or other heat transfer fluids.

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