Page 1 of 6 Express Terms Part 200, General Provisions

(Existing subdivisions 200.1(a) through 200.1(bk) remain unchanged.) Subdivision 200.1(bl) is amende d to read as follows:

(bl) ‘Potential to emit’. The maximum capacity of an air contamin ation source to emit any regulated air pollutant under its physical and operational de sign. 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 th e 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 wher e required by an applicable requirement. For emergency power generating stationary internal combustion engines, th e potential to emit will be based on a maximum of 500 hours of operation per year per en gine 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 adde d to read as follows:

(cl) Routine maintenance, repair, or replacement. Wh ether work done at an emissions source constitutes routine maintenance, repair, or re placement 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 mainte nance, repair, or replacement work is undertaken on a prescribed orPage 2 of 6 regular schedule, limited in scope, and typically paid for out of the operation and maintenance budget of the facility. Work that is infreque nt, 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) **

40 CFR Part 60 (July 1, 2006) * 231-4.1(b)(3)(i) 40 CFR Part 61 (July 1, 2006) * 40 CFR Part 63 (July 1, 2006) * 231-4.1(b)(4)(i)(c) 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) **Page 3 of 6 231-4.1(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 **Page 4 of 6 101-549 (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) *Page 5 of 6 231-12.2(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 St ates Environmental Protection Agency has delegated authority to the New York State Department of Environmental Co nservation to issue permits in accordance with Part 201 of this Title, [for the c onstruction or modification of any stationary source subject to the Federal requirement s of prevention of significant de terioration (PSD), and] for many sources subject to New Source Performance Standa rds (NSPS) or National Emission Standards for Hazardous Air Pollutants (NESHAPS). In order to co mply with title V of the act, the department has incorporated by reference the Fede ral regulations lis ted below in Tables 2,3,4, and 5 (see section 200.9 of this Part for a listing of all incorporated material s). By doing so, the department has the authority to include these applicable re quirements in permits of emission sources subject to such requirements and to enforce such requirements. Copies of Federal re gulations are available for public inspection and copying at the New York State Depa rtment of Environmental Conserva tion, Division of Air Resources, 625 Broadway, Albany, NY 12233. Also, any current volume of the Code of Federal Regulations (CFR)Page 6 of 6 can be obtained by writing to the Superintendent of Documents, A ttn.: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. New or re vised Federal rules are publish ed 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.)