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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 the nature and extent, purpose, frequency, and cost. Generally, routine maintenance, repair, or replacement refer to activities that are undertaken on a prescribed and/or regular schedule, limited in scope and expense, and typically paid for out of the operation and maintenance budget of the facility. Routine maintenance, repair, and replacement generally do not refer to activities that are infrequent, large in scope, extend the life of the facility, or result in the regaining of lost capacity or availability.

(Existing sections 200.2 through 200.8 remain unchanged.)

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

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) 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

(Existing subdivision 200.10(b) through section 200.16 remains unchanged.)