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Express Terms 

Part 200, General Provisions 

(Existing subdivisions 200.1(a) through 200.1(bk) remain unchanged.) 

Subdivision 200.1(bl) is amended to read as follows: 

(bl) ‘Potential to emit’. The maximum capacity of an air contamination source to emit any regulated air 

pollutant under its physical and operational design. Any physical or operational limitation on the 

capacity of the emission source to emit a regulated air pollutant, including air pollution control 

equipment and/or restrictions on the hours of operation, or on the type or amount of material combusted, 

stored, or processed, shall be treated as part of the design if the limitation is enforceable by the 

department and the administrator. Fugitive emissions, to the extent that they are quantifiable, are 

included in determining the potential to emit where required by an applicable requirement. For 

emergency power generating stationary internal combustion engines, the potential to emit will be based 

on a maximum of 500 hours of operation per year per engine unless a more restrictive limitation exists 

in a permit or registration.

(Existing subdivisions 200.1(bm) through 200.1(ck) remain unchanged.) 

New subdivision 200.1(cl) is added to read as follows: 

(cl) Routine maintenance, repair, or replacement. Whether work done at an emissions source constitutes 

routine maintenance, repair, or replacement is determined on a case-by-case basis by examining factors 

such as the nature and extent, purpose, frequency, and cost of the work. Although no single factor is 

conclusive, generally routine maintenance, repair, or replacement work is undertaken on a prescribed or 
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regular schedule, limited in scope, and typically paid for out of the operation and maintenance budget of 

the facility. Work that is infrequent, extensive in scope, intended to extend the life expectancy of an 

emission source, or intended to result in regaining lost capacity or availability is less likely to constitute 

routine maintenance, repair or replacement. 

(Existing sections 200.2 through 200.8 remain unchanged.) 

Existing section 200.9, Table 1 is amended to add the following: 

Regulation Referenced Material Availability 

231-3.1 Clean Air Act 42 U.S.C. Part C and Part D of 

Subchapter I as amended by Public Law 101-549 

(November 15, 1990)

**

231-3.4(a) Clean Air Act 42 U.S.C. Section 7511a(f) as amended 

by Public Law 101-549 (November 15, 1990)

**

231-3.4(c)(2) Clean Air Act 42 U.S.C. Section 107 as amended by 

Public Law 101-549 (November 15, 1990)

**

231-3.7(b) Clean Air Act 42 U.S.C. Section 165(c) as amended by 

Public Law 101-549 (November 15, 1990)

**

231-4.1(b)(3)(i) 40 CFR Part 60 (July 1, 2006) *

40 CFR Part 61 (July 1, 2006) *

231-4.1(b)(4)(i)(c) 40 CFR Part 63 (July 1, 2006) *

40 CFR Part 51.165(a)(3)(ii)(G) (July 1, 2006) *

231-4.1(b)(5) Clean Air Act 42 U.S.C. Section 107 as amended by 

Public Law 101-549 (November 15, 1990)

**
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231-4.1(b)(5)(i) Clean Air Act 42 U.S.C. Section 107 as amended by 

Public Law 101-549 (November 15, 1990)

**

Clean Air Act 42 U.S.C. as amended by Public Law 

101-549 (November 15, 1990)

231-4.1(b)(9) **

Clean Air Act 42 U.S.C. Section 7411 or 7412 as 

amended by Public Law 101-549 (November 15, 1990)

**

231-4.1(b)(27)(ii)(a) Clean Air Act 42 U.S,C. Section 7407 as amended by 

Public Law 101-549 (November 15, 1990)

**

231-4.1(b)(28)(iii) Clean Air Act 42 U.S.C. Section 125 as amended by 

Public Law 101-549 (November 15, 1990)

**

40 CFR Part 52.21 (July 1, 2006) *

40 CFR Part 51, Subpart I (July 1, 2006) *

231-4.1(b)(28)(v)(a)

40 CFR Part 51.166 (July 1, 2006) *

231-4.1(b)(28)(v)(b) 40 CFR Part 52.21 (July 1, 2006) *

40 CFR Part 52.21 (July 1, 2006) *

40 CFR Part 51, Subpart I (July 1, 2006) *

231-4.1(b)(28)(vi)

40 CFR Part 51.166 (July 1, 2006) *

231-4.1(b)(43)(i) Clean Air Act 42 U.S.C. as amended by Public Law 

101-549 (November 15, 1990)

**

231-4.1(b)(43)(ii) Clean Air Act 42 U.S.C. Section 111 as amended by 

Public Law 101-549 (November 15, 1990)

**

231-4.1(b)(43)(iii) Clean Air Act 42 U.S.C. Title VI as amended by Public 

Law 101-549 (November 15, 1990)

**

231-4.1(b)(43)(iv) Clean Air Act 42 U.S.C. as amended by Public Law **
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101-549 (November 15, 1990)

Clean Air Act 42 U.S.C. Section 112 as amended by 

Public Law 101-549 (November 15, 1990)

**

Clean Air Act 42 U.S.C. Section 112(b)(2) as amended 

by Public Law 101-549 (November 15, 1990)

**

Clean Air Act 42 U.S.C. Section 112(b)(3) as amended 

by Public Law 101-549 (November 15, 1990)

**

Clean Air Act 42 U.S.C. Section 108 as amended by 

Public Law 101-549 (November 15, 1990)

**

231-4.1(b)(44) Clean Air Act 42 U.S.C. Title II as amended by Public 

Law 101-549 (November 15, 1990)

**

231-4.1(b)(45)(ii) Clean Air Act 42 U.S,C. Section 7407 as amended by 

Public Law 101-549 (November 15, 1990)

**

231-4.1(b)(48) Clean Air Act 42 U.S.C. as amended by Public Law 

101-549 (November 15, 1990)

**

231-7.3(d)(3) 40 CFR Part 51.100(ii) (July 1, 2006) *

231-7.4(c)(3) 40 CFR Part 51.166 (July 1, 2006) *

231-7.4(e)(1) 40 CFR Part 51.100(ii) (July 1, 2006) *

231-8.4(d)(3) 40 CFR Part 51.100(ii) (July 1, 2006) *

231-8.5(c)(3) 40 CFR Part 51.166 (July 1, 2006) *

231-8.5(e)(1) 40 CFR Part 51.100(ii) (July 1, 2006) *

231-9.5(e)(4)(i) 40 CFR Part 60, Appendix B (July 1, 2006) *

231-12.2(a) 40 CFR Part 51, Appendix W: Guideline on Air Quality 

Models of the EPA (July 1, 2006)

*
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231-12.2(b) 40 CFR Part 51, Appendix W: Guideline on Air Quality 

Models of the EPA (July 1, 2006)

*

231-12.3(f) 40 CFR Part 58, Appendix B (July 1, 2006) *

Clean Air Act 42 U.S.C. Section 111 as amended by 

Public Law 101-549 (November 15, 1990)

**

Clean Air Act 42 U.S.C. Section 302(j) as amended by 

Public Law 101-549 (November 15, 1990)

**

231-13.9

Clean Air Act 42 U.S.C. Section 112 as amended by 

Public Law 101-549 (November 15, 1990)

**

Existing subdivision 200.10(a) is amended to read as follows: 

(a) as indicated by an * on the lists, the United States Environmental Protection Agency has delegated 

authority to the New York State Department of Environmental Conservation to issue permits in 

accordance with Part 201 of this Title, [for the construction or modification of any stationary source 

subject to the Federal requirements of prevention of significant deterioration (PSD), and] for many 

sources subject to New Source Performance Standards (NSPS) or National Emission Standards for 

Hazardous Air Pollutants (NESHAPS). In order to comply with title V of the act, the department has 

incorporated by reference the Federal regulations listed below in Tables 2,3,4, and 5 (see section 200.9 

of this Part for a listing of all incorporated materials). By doing so, the department has the authority to 

include these applicable requirements in permits of emission sources subject to such requirements and to 

enforce such requirements. Copies of Federal regulations are available for public inspection and 

copying at the New York State Department of Environmental Conservation, Division of Air Resources, 

625 Broadway, Albany, NY 12233. Also, any current volume of the Code of Federal Regulations (CFR) 
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can be obtained by writing to the Superintendent of Documents, Attn.: New Orders, P.O. Box 371954, 

Pittsburgh, PA 15250-7954. New or revised Federal rules are published in the Federal Register, 

available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 

20402. 

(Existing subdivision 200.10(b) through subdivision 200.10(e) remains unchanged.)