Facility DEC ID: 3335600136

 DEC Permit Conditions

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 PERMIT

 Under the Environmental Conservation Law (ECL)

 IDENTIFICATION INFORMATION

Permit Type: Air State Facility

Permit ID: 3-3356-00136/00001

 Effective Date: Expiration Date:

Permit Issued To:COMPETITIVE POWER VENTURES INC

 50 BRAINTREE HILL OFFICE PARK

 SUITE 300

 BRAINTREE, MA 02184

Contact: STEVE REMILLARD

 CPV VALLEY LLC

 35 BRAINTREE HILL OFFICE PARK STE 400

 BRAINTREE, MA 02184

 (781) 817-8970

Facility: CPV VALLEY ENERGY CENTER

 US RTE 6 , RTE 17 AND INTERSTATE 84

 MIDDLETOWN, NY 

Description:

pre-construction permit

By acceptance of this permit, the permittee agrees that the permit is contingent upon strict

compliance with the ECL, all applicable regulations, the General Conditions specified and any

Special Conditions included as part of this permit.

Permit Administrator: CHRISTOPHER M HOGAN

 625 BROADWAY

 ALBANY, NY 12233

Authorized Signature: _________________________________ Date: ___ / ___ / _____
 

Facility DEC ID: 3335600136

 DEC Permit Conditions

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 Notification of Other State Permittee Obligations

Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification

 The permittee expressly agrees to indemnify and hold harmless the Department

 of Environmental Conservation of the State of New York, its representatives,

 employees and agents ("DEC") for all claims, suits, actions, and damages, to the

 extent attributable to the permittee's acts or omissions in connection with the

 compliance permittee's undertaking of activities in connection with, or operation

 and maintenance of, the facility or facilities authorized by the permit whether in

 compliance or not in any compliance with the terms and conditions of the permit.

 This indemnification does not extend to any claims, suits, actions, or damages to

 the extent attributable to DEC's own negligent or intentional acts or omissions,

 or to any claims, suits, or actions naming the DEC and arising under article 78

 of the New York Civil Practice Laws and Rules or any citizen suit or civil

 rights provision under federal or state laws.

Item B: Permittee's Contractors to Comply with Permit

 The permittee is responsible for informing its independent contractors, 

 employees, agents and assigns of their responsibility to comply with this permit,

 including all special conditions while acting as the permittee's agent with respect

 to the permitted activities, and such persons shall be subject to the same

 sanctions for violations of the Environmental Conservation Law as those

 prescribed for the permittee.

Item C: Permittee Responsible for Obtaining Other Required Permits

 The permittee is responsible for obtaining any other permits, approvals, lands, 

 easements and rights-of-way that may be required to carry out the activities that

 are authorized by this permit.

Item D: No Right to Trespass or Interfere with Riparian Rights

 This permit does not convey to the permittee any right to trespass upon the lands

 or interfere with the riparian rights of others in order to perform the permitted 

 work nor does it authorize the impairment of any rights, title, or interest in real

 or personal property held or vested in a person not a party to the permit.
 

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 DEC Permit Conditions

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 LIST OF CONDITIONS

 

 DEC GENERAL CONDITIONS

 General Provisions

 Facility Inspection by the Department

 Facility Inspection by the Department

 Facility Inspection by the Department

 Relationship of this Permit to Other Department Orders and

 Determinations

 Relationship of this Permit to Other Department Orders and

 Determinations

 Relationship of this Permit to Other Department Orders and

 Determinations

 Applications for permit renewals, modifications and transfers

 Applications for permit renewals, modifications and transfers

 Applications for permit renewals, modifications and transfers

 Permit modifications, suspensions or revocations by the Department

 Permit modifications, suspensions or revocations by the Department

 Permit modifications, suspensions or revocations by the Department

 Facility Level

 Submission of application for permit modification or

 renewal-REGION 3 HEADQUARTERS
 

Facility DEC ID: 3335600136

 DEC Permit Conditions

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 DEC GENERAL CONDITIONS

 **** General Provisions  

 GENERAL CONDITIONS - Apply to ALL Authorized Permits.

Condition 1: Facility Inspection by the Department

 Applicable State Requirement: ECL 19-0305

Item 1.1:

The permitted site or facility, including relevant records, is subject to inspection at reasonable

hours and intervals by an authorized representative of the Department of Environmental

Conservation (the Department) to determine whether the permittee is complying with this permit

and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and

SAPA 401(3).

Item 1.2:

The permittee shall provide a person to accompany the Department's representative during an

inspection to the permit area when requested by the Department.

Item 1.3:

A copy of this permit, including all referenced maps, drawings and special conditions, must be

available for inspection by the Department at all times at the project site or facility. Failure to

produce a copy of the permit upon request by a Department representative is a violation of this

permit.

Condition 1: Facility Inspection by the Department

 Applicable State Requirement: ECL 19-0305

Item 1.1:

The permitted site or facility, including relevant records, is subject to inspection at reasonable

hours and intervals by an authorized representative of the Department of Environmental

Conservation (the Department) to determine whether the permittee is complying with this permit

and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and

SAPA 401(3).

Item 1.2:

The permittee shall provide a person to accompany the Department's representative during an

inspection to the permit area when requested by the Department.

Item 1.3:

A copy of this permit, including all referenced maps, drawings and special conditions, must be

available for inspection by the Department at all times at the project site or facility. Failure to

produce a copy of the permit upon request by a Department representative is a violation of this

permit.

Condition 1: Facility Inspection by the Department

 Applicable State Requirement: ECL 19-0305

Item 1.1:

The permitted site or facility, including relevant records, is subject to inspection at reasonable

hours and intervals by an authorized representative of the Department of Environmental

Conservation (the Department) to determine whether the permittee is complying with this permit

and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and
 

Facility DEC ID: 3335600136

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SAPA 401(3).

Item 1.2:

The permittee shall provide a person to accompany the Department's representative during an

inspection to the permit area when requested by the Department.

Item 1.3:

A copy of this permit, including all referenced maps, drawings and special conditions, must be

available for inspection by the Department at all times at the project site or facility. Failure to

produce a copy of the permit upon request by a Department representative is a violation of this

permit.

Condition 2: Relationship of this Permit to Other Department Orders and Determinations

 Applicable State Requirement: ECL 3-0301 (2) (m)

Item 2.1:

Unless expressly provided for by the Department, issuance of this permit does not modify,

supersede or rescind any order or determination previously issued by the Department or any of

the terms, conditions or requirements contained in such order or determination.

Condition 2: Relationship of this Permit to Other Department Orders and Determinations

 Applicable State Requirement: ECL 3-0301 (2) (m)

Item 2.1:

Unless expressly provided for by the Department, issuance of this permit does not modify,

supersede or rescind any order or determination previously issued by the Department or any of

the terms, conditions or requirements contained in such order or determination.

Condition 2: Relationship of this Permit to Other Department Orders and Determinations

 Applicable State Requirement: ECL 3-0301 (2) (m)

Item 2.1:

Unless expressly provided for by the Department, issuance of this permit does not modify,

supersede or rescind any order or determination previously issued by the Department or any of

the terms, conditions or requirements contained in such order or determination.

Condition 3: Applications for permit renewals, modifications and transfers

 Applicable State Requirement: 6 NYCRR 621.11

Item 3.1:

The permittee must submit a separate written application to the Department for renewal,

modification or transfer of this permit. Such application must include any forms or supplemental

information the Department requires. Any renewal, modification or transfer granted by the

Department must be in writing.

Item 3.2:

The permittee must submit a renewal application at least 180 days before expiration of permits

for Title V Facility Permits, or at least 30 days before expiration of permits for State Facility

Permits. 

Item 3.3:

Permits are transferrable with the approval of the department unless specifically prohibited by

the statute, regulation or another permit condition. Applications for permit transfer should be
 

Facility DEC ID: 3335600136

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submitted prior to actual transfer of ownership.

Condition 3: Applications for permit renewals, modifications and transfers

 Applicable State Requirement: 6 NYCRR 621.11

Item 3.1:

The permittee must submit a separate written application to the Department for renewal,

modification or transfer of this permit. Such application must include any forms or supplemental

information the Department requires. Any renewal, modification or transfer granted by the

Department must be in writing.

Item 3.2:

The permittee must submit a renewal application at least 180 days before expiration of permits

for Title V Facility Permits, or at least 30 days before expiration of permits for State Facility

Permits. 

Item 3.3:

Permits are transferrable with the approval of the department unless specifically prohibited by

the statute, regulation or another permit condition. Applications for permit transfer should be

submitted prior to actual transfer of ownership.

Condition 3: Applications for permit renewals, modifications and transfers

 Applicable State Requirement: 6 NYCRR 621.11

Item 3.1:

The permittee must submit a separate written application to the Department for renewal,

modification or transfer of this permit. Such application must include any forms or supplemental

information the Department requires. Any renewal, modification or transfer granted by the

Department must be in writing.

Item 3.2:

The permittee must submit a renewal application at least 180 days before expiration of permits

for Title V Facility Permits, or at least 30 days before expiration of permits for State Facility

Permits. 

Item 3.3:

Permits are transferrable with the approval of the department unless specifically prohibited by

the statute, regulation or another permit condition. Applications for permit transfer should be

submitted prior to actual transfer of ownership.

Condition 4: Permit modifications, suspensions or revocations by the Department

 Applicable State Requirement: 6 NYCRR 621.13

Item 4.1:

The Department reserves the right to exercise all available authority to modify, suspend, or

revoke this permit in accordance with 6NYCRR Part 621. The grounds for modification,

suspension or revocation include:

a) materially false or inaccurate statements in the permit application or supporting papers;

b) failure by the permittee to comply with any terms or conditions of the permit;

c) exceeding the scope of the project as described in the permit application;

d) newly discovered material information or a material change in environmental conditions,

relevant technology or applicable law or regulations since the issuance of the existing permit;
 

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e) noncompliance with previously issued permit conditions, orders of the commissioner, any

provisions of the Environmental Conservation Law or regulations of the Department related to

the permitted activity.

Condition 4: Permit modifications, suspensions or revocations by the Department

 Applicable State Requirement: 6 NYCRR 621.13

Item 4.1:

The Department reserves the right to exercise all available authority to modify, suspend, or

revoke this permit in accordance with 6NYCRR Part 621. The grounds for modification,

suspension or revocation include:

a) materially false or inaccurate statements in the permit application or supporting papers;

b) failure by the permittee to comply with any terms or conditions of the permit;

c) exceeding the scope of the project as described in the permit application;

d) newly discovered material information or a material change in environmental conditions,

relevant technology or applicable law or regulations since the issuance of the existing permit;

e) noncompliance with previously issued permit conditions, orders of the commissioner, any

provisions of the Environmental Conservation Law or regulations of the Department related to

the permitted activity.

Condition 4: Permit modifications, suspensions or revocations by the Department

 Applicable State Requirement: 6 NYCRR 621.13

Item 4.1:

The Department reserves the right to exercise all available authority to modify, suspend, or

revoke this permit in accordance with 6NYCRR Part 621. The grounds for modification,

suspension or revocation include:

a) materially false or inaccurate statements in the permit application or supporting papers;

b) failure by the permittee to comply with any terms or conditions of the permit;

c) exceeding the scope of the project as described in the permit application;

d) newly discovered material information or a material change in environmental conditions,

relevant technology or applicable law or regulations since the issuance of the existing permit;

e) noncompliance with previously issued permit conditions, orders of the commissioner, any

provisions of the Environmental Conservation Law or regulations of the Department related to

the permitted activity.

 ** ** Facility Level ****

Condition 5: Submission of application for permit modification or renewal-REGION 3 

 HEADQUARTERS

 Applicable State Requirement: 6 NYCRR 621.6 (a)

Item 5.1:

Submission of applications for permit modification or renewal are to be submitted to:

 NYSDEC Regional Permit Administrator 

 Region 3 Headquarters
 

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 Division of Environmental Permits

 21 South Putt Corners Road

 New Paltz, NY 12561-1696

 (845) 256-3054
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 1 DRAFT

 Permit Under the Environmental Conservation Law (ECL)

 ARTICLE 19: AIR POLLUTION CONTROL - AIR STATE FACILITY

PERMIT

 IDENTIFICATION INFORMATION

Permit Issued To:COMPETITIVE POWER VENTURES INC

 50 BRAINTREE HILL OFFICE PARK

 SUITE 300

 BRAINTREE, MA 02184

Facility: CPV VALLEY ENERGY CENTER

 US RTE 6 , RTE 17 AND INTERSTATE 84

 MIDDLETOWN, NY

Authorized Activity By Standard Industrial Classification Code:

 4911 - ELECTRIC SERVICES

Permit Effective Date: Permit Expiration Date: 
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 2 DRAFT

 LIST OF CONDITIONS

 

 FEDERALLY ENFORCEABLE CONDITIONS

 Facility Level

 1 6 NYCRR 200.7: Maintenance of Equipment

 2 6 NYCRR 202-1.1: Required Emissions Tests

 3 6 NYCRR 200.7: Compliance Demonstration

 4 6 NYCRR 200.7: Compliance Demonstration

 5 6 NYCRR 201-1.4 (a): Compliance Demonstration

 6 6 NYCRR 201-6.3 (a) (2): Title V Permit Requirement

 7 6 NYCRR Subpart 201-7: Facility Permissible Emissions

 *8 6 NYCRR Subpart 201-7: Capping Monitoring Condition

 9 6 NYCRR 211.1: Air pollution prohibited

 10 6 NYCRR 231-5.3: Facility PTE

 11 6 NYCRR 231-5.4: Compliance Demonstration

 12 6 NYCRR 231-5.4: Compliance Demonstration

 13 6 NYCRR 231-5.4: Compliance Demonstration

 14 6 NYCRR 231-5.4: Compliance Demonstration

 15 6 NYCRR 231-5.5: Emission offset

 16 6 NYCRR 231-5.5: Emission offsets

 17 6 NYCRR 231-5.5: offsets.

 18 6 NYCRR 231-7.5: Facility potential to emit

 19 6 NYCRR 231-7.6: Compliance Demonstration

 20 6 NYCRR 231-7.6: Compliance Demonstration

 21 6 NYCRR 231-7.6: Compliance Demonstration

 22 6 NYCRR 231-7.6: Compliance Demonstration

 23 6 NYCRR 231-7.6: Compliance Demonstration

 24 6 NYCRR 231-7.6: Compliance Demonstration

 25 6 NYCRR 231-7.6: Compliance Demonstration

 26 6 NYCRR 231-7.6: Compliance Demonstration

 27 6 NYCRR 231-7.6: Compliance Demonstration

 28 6 NYCRR 231-7.6: Compliance Demonstration

 29 6 NYCRR 231-7.6: Compliance Demonstration

 30 6 NYCRR 231-7.6: Compliance Demonstration

 31 6 NYCRR 243-1.6 (a): Permit Requirements

 32 6 NYCRR 243-1.6 (b): Monitoring requirements

 33 6 NYCRR 243-1.6 (c): NOx Ozone Season Emission Requirements

 34 6 NYCRR 243-1.6 (d): Excess emission requirements

 35 6 NYCRR 243-1.6 (e): Recordkeeping and reporting requirements

 36 6 NYCRR 243-2.1: Authorization and responsibilities of CAIR 

 designated representative

 37 6 NYCRR 243-2.4: Certificate of representation

 38 6 NYCRR 243-8.1: General requirements

 39 6 NYCRR 243-8.1: Prohibitions

 40 6 NYCRR 243-8.5 (d): Quarterly reports

 41 6 NYCRR 243-8.5 (e): Compliance certification

 42 6 NYCRR Subpart 244-1: CAIR NOx Annual Trading Program General 

 Conditions

 43 6 NYCRR Subpart 244-2: Designated CAIR Representative

 44 6 NYCRR Subpart 244-8: Compliance Demonstration
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

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 45 6 NYCRR Subpart 245-1: CAIR SO2 Trading Program General Provisions

 46 6 NYCRR Subpart 245-2: Designated CAIR Representative

 47 6 NYCRR Subpart 245-8: Compliance Demonstration

 48 40CFR 60.4, NSPS Subpart A: EPA Region 2 address.

 49 40CFR 60.7(a), NSPS Subpart A: Date of construction notification - 

 If a COM is not used.

 50 40CFR 60.7(b), NSPS Subpart A: Recordkeeping requirements.

 51 40CFR 60.7(f), NSPS Subpart A: Facility files for subject sources.

 52 40CFR 60.8(a), NSPS Subpart A: Performance testing timeline.

 53 40CFR 60.8(b), NSPS Subpart A: Performance test methods.

 54 40CFR 60.8(d), NSPS Subpart A: Prior notice.

 55 40CFR 60.8(e), NSPS Subpart A: Performance testing facilities.

 56 40CFR 60.8(f), NSPS Subpart A: Number of required tests.

 57 40CFR 60, NSPS Subpart IIII: Applicability

 58 40CFR 60.4335, NSPS Subpart KKKK: Compliance Demonstration

 59 40CFR 60.4375(a), NSPS Subpart KKKK: Compliance Demonstration

 60 40 CFR Part 72: Facility Subject to Title IV Acid Rain Regulations 

 and Permitting

 Emission Unit Level

 61 6 NYCRR 227-1.3 (a): Compliance Demonstration

 62 6 NYCRR 227-1.3 (a): Compliance Demonstration

 EU=U-00003

 63 40CFR 60.43c(c), NSPS Subpart Dc: Compliance Demonstration

 64 40CFR 60.48c(a), NSPS Subpart Dc: Compliance Demonstration

 EU=U-00003,Proc=P3B

 65 6 NYCRR 231-5.4: Compliance Demonstration

 66 6 NYCRR 231-5.4: Compliance Demonstration

 67 6 NYCRR 231-5.4: Compliance Demonstration

 68 6 NYCRR 231-7.6: Compliance Demonstration

 69 6 NYCRR 231-7.6: Compliance Demonstration

 70 6 NYCRR 231-7.6: Compliance Demonstration

 71 6 NYCRR 231-7.6: Compliance Demonstration

 EU=U-00003,Proc=P3B,ES=AUX01

 72 40CFR 60.48c(g)(2), NSPS Subpart Dc: Alternative recordkeeping

 EU=U-00004,Proc=P04

 73 6 NYCRR 231-5.4: Compliance Demonstration

 74 6 NYCRR 231-5.4: Compliance Demonstration

 75 6 NYCRR 231-7.6: Compliance Demonstration

 76 6 NYCRR 231-7.6: Compliance Demonstration

 77 6 NYCRR 231-7.6: Compliance Demonstration

 78 6 NYCRR 231-7.6: Compliance Demonstration

 EU=U-00005,Proc=P05

 79 6 NYCRR 231-5.4: Compliance Demonstration

 80 6 NYCRR 231-5.4: Compliance Demonstration

 81 6 NYCRR 231-7.6: Compliance Demonstration

 82 6 NYCRR 231-7.6: Compliance Demonstration

 83 6 NYCRR 231-7.6: Compliance Demonstration
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

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 84 6 NYCRR 231-7.6: Compliance Demonstration

 EU=U-00006,Proc=P06

 85 6 NYCRR 231-5.4: Compliance Demonstration

 86 6 NYCRR 231-5.4: Compliance Demonstration

 87 6 NYCRR 231-7.6: Compliance Demonstration

 88 6 NYCRR 231-7.6: Compliance Demonstration

 89 6 NYCRR 231-7.6: Compliance Demonstration

 90 6 NYCRR 231-7.6: Compliance Demonstration

 STATE ONLY ENFORCEABLE CONDITIONS

 Facility Level

 91 ECL 19-0301: Contaminant List

 92 6 NYCRR 201-1.4: Unavoidable noncompliance and violations

 93 6 NYCRR Subpart 201-5: Emission Unit Definition

 94 6 NYCRR 211.2: Visible Emissions Limited

 95 6 NYCRR 242-1.5: CO2 Budget Trading Program - Excess emission 

 requirements

 96 6 NYCRR 242-1.5: Compliance Demonstration

 97 6 NYCRR 242-1.5: Compliance Demonstration

 Emission Unit Level

 98 6 NYCRR Subpart 201-5: Emission Point Definition By Emission Unit

 99 6 NYCRR Subpart 201-5: Process Definition By Emission Unit

 100 6 NYCRR 251.3 (a): Compliance Demonstration

 NOTE: * preceding the condition number indicates capping.
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

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 FEDERALLY ENFORCEABLE CONDITIONS

 **** Facility Level  

 NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS

 This section contains terms and conditions which are federally enforceable. Permittees

may also have other obligations under regulations of general applicability

Item A: Sealing - 6 NYCRR 200.5

 The Commissioner may seal an air contamination source to 

 prevent its operation if compliance with 6 NYCRR Chapter 

 III is not met within the time provided by an order of the

 Commissioner issued in the case of the violation. 

 Sealing means labeling or tagging a source to notify any 

 person that operation of the source is prohibited, and 

 also includes physical means of preventing the operation 

 of an air contamination source without resulting in 

 destruction of any equipment associated with such source, 

 and includes, but is not limited to, bolting, chaining or 

 wiring shut control panels, apertures or conduits 

 associated with such source.

 No person shall operate any air contamination source 

 sealed by the Commissioner in accordance with this section

 unless a modification has been made which enables such 

 source to comply with all requirements applicable to such 

 modification.

 Unless authorized by the Commissioner, no person shall 

 remove or alter any seal affixed to any contamination 

 source in accordance with this section.

Item B: Acceptable Ambient Air Quality - 6 NYCRR 200.6

 Notwithstanding the provisions of 6 NYCRR Chapter III, 

 Subchapter A, no person shall allow or permit any air 

 contamination source to emit air contaminants in 

 quantities which alone or in combination with emissions 

 from other air contamination sources would contravene any 

 applicable ambient air quality standard and/or cause air 

 pollution. In such cases where contravention occurs or may

 occur, the Commissioner shall specify the degree and/or 

 method of emission control required.

Item C: Maintenance of Equipment - 6 NYCRR 200.7

 Any person who owns or operates an air contamination 

 source which is equipped with an emission control device 

 shall operate such device and keep it in a satisfactory 

 state of maintenance and repair in accordance with 

 ordinary and necessary practices, standards and 

 procedures, inclusive of manufacturer's specifications, 
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

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 required to operate such device effectively.

Item D: Unpermitted Emission Sources - 6 NYCRR 201-1.2

 If an existing emission source was subject to the 

 permitting requirements of 6 NYCRR Part 201 at the time of

 construction or modification, and the owner and/or 

 operator failed to apply for a permit for such emission 

 source then the following provisions apply:

 (a) The owner and/or operator must apply for a permit for 

 such emission source or register the facility in 

 accordance with the provisions of Part 201.

 (b) The emission source or facility is subject to all 

 regulations that were applicable to it at the time of 

 construction or modification and any subsequent 

 requirements applicable to existing sources or 

 facilities.

Item E: Emergency Defense - 6 NYCRR 201-1.5

 An emergency constitutes an affirmative defense to an 

 action brought for noncompliance with emissions 

 limitations or permit conditions for all facilities in New

 York State.

 (a) The affirmative defense of emergency shall be 

 demonstrated through properly signed, contemporaneous 

 operating logs, or other relevant evidence that:

 (1) An emergency occurred and that the facility owner 

 and/or

 operator can identify the cause(s) of the 

 emergency;

 (2) The equipment at the permitted facility causing the

 emergency was at the time being properly operated;

 (3) During the period of the emergency the facility owner

 and/or operator took all reasonable steps to minimize 

 levels of emissions that exceeded the emission standards, 

 or other requirements in the permit; and

 (4) The facility owner and/or operator notified the 

 Department

 within two working days after the event occurred. This 

 notice must contain a description of the emergency, any 

 steps taken to mitigate emissions, and corrective actions 

 taken.

 (b) In any enforcement proceeding, the facility owner 

 and/or operator seeking to establish the occurrence of an 

 emergency has the burden of proof.
 

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 Air Pollution Control Permit Conditions

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 (c) This provision is in addition to any emergency or 

 upset provision contained in any applicable requirement.

Item F: Recycling and Salvage - 6 NYCRR 201-1.7

 Where practical, any person who owns or operates an air 

 contamination source shall recycle or salvage air 

 contaminants collected in an air cleaning device according

 to the requirements of 6 NYCRR.

Item G: Prohibition of Reintroduction of Collected Contaminants 

 to the Air - 6 NYCRR 201-1.8

 No person shall unnecessarily remove, handle, or cause to

 be handled, collected air contaminants from an air 

 cleaning device for recycling, salvage or disposal in a 

 manner that would reintroduce them to the outdoor 

 atmosphere.

Item H: Proof of Eligibility for Sources Defined as Exempt 

 Activities - 6 NYCRR 201-3.2 (a)

 The owner and/or operator of an emission source or unit 

 that is eligible to be exempt, may be required to certify 

 that it operates within the specific criteria described in

 6 NYCRR Subpart 201-3. The owner or operator of any such 

 emission source must maintain all required records on-site

 for a period of five years and make them available to 

 representatives of the Department upon request. 

 Department representatives must be granted access to any 

 facility which contains emission sources or units subject 

 to 6 NYCRR Subpart 201-3, during normal operating hours, 

 for the purpose of determining compliance with this and 

 any other state and federal air pollution control 

 requirements, regulations, or law.

Item I: Proof of Eligibility for Sources Defined as Trivial 

 Activities - 6 NYCRR 201-3.3 (a)

 The owner and/or operator of an emission source or unit 

 that is listed as being trivial in 6 NYCRR Part 201 may be

 required to certify that it operates within the specific 

 criteria described in 6 NYCRR Subpart 201-3. The owner or

 operator of any such emission source must maintain all 

 required records on-site for a period of five years and 

 make them available to representatives of the Department 

 upon request. Department representatives must be granted 

 access to any facility which contains emission sources or 

 units subject to 6 NYCRR Subpart 201-3, during normal 

 operating hours, for the purpose of determining compliance

 with this and any other state and federal air pollution 

 control requirements, regulations, or law.

Item J: Required Emission Tests - 6 NYCRR 202-1.1
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 8 DRAFT

 An acceptable report of measured emissions shall be 

 submitted, as may be required by the Commissioner, to 

 ascertain compliance or noncompliance with any air 

 pollution code, rule, or regulation. Failure to submit a 

 report acceptable to the Commissioner within the time 

 stated shall be sufficient reason for the Commissioner to 

 suspend or deny an operating permit. Notification and 

 acceptable procedures are specified in 6 NYCRR Subpart 

 202-1.

Item K: Open Fires Prohibitions - 6 NYCRR 215.2

 Except as allowed by section 215.3 of 6 NYCRR Part 215, 

 no person shall burn, cause, suffer, allowor permit the 

 burning of any materials in an open fire.

Item L: Permit Exclusion - ECL 19-0305

 The issuance of this permit by the Department and the 

 receipt thereof by the Applicant does not and shall not be

 construed as barring, diminishing, adjudicating or in any 

 way affecting any legal, administrative or equitable 

 rights or claims, actions, suits, causes of action or 

 demands whatsoever that the Department may have against 

 the Applicant for violations based on facts and 

 circumstances alleged to have occurred or existed prior to

 the effective date of this permit, including, but not 

 limited to, any enforcement action authorized pursuant to 

 the provisions of applicable federal law, the 

 Environmental Conservation Law of the State of New York 

 (ECL) and Chapter III of the Official Compilation of the 

 Codes, Rules and Regulations of the State of New York 

 (NYCRR). The issuance of this permit also shall not in any

 way affect pending or future enforcement actions under the

 Clean Air Act brought by the United States or any person.

Item M: Federally Enforceable Requirements - 40 CFR 70.6 (b)

 All terms and conditions in this permit required by the 

 Act or any applicable requirement, including any 

 provisions designed to limit a facility's potential to 

 emit, are enforceable by the Administrator and citizens 

 under the Act. The Department has, in this permit, 

 specifically designated any terms and conditions that are 

 not required under the Act or under any of its applicable 

 requirements as being enforceable under only state 

 regulations.

 FEDERAL APPLICABLE REQUIREMENTS

 The following conditions are federally enforceable.

Condition 1: Maintenance of Equipment
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 9 DRAFT

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 200.7

Item 1.1:

Any person who owns or operates an air contamination source which is equipped with an

emission control device shall operate such device and keep it in a satisfactory state of

maintenance and repair in accordance with ordinary and necessary practices, standards and

procedures, inclusive of manufacturer's specifications, required to operate such device

effectively.

Condition 2: Required Emissions Tests

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 202-1.1

Item 2.1:

For the purpose of ascertaining compliance or non-compliance with any air pollution control

code, rule or regulation, the commissioner may require the person who owns such air

contamination source to submit an acceptable report of measured emissions within a stated time.

Condition 3: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 200.7

Item 3.1:

The Compliance Demonstration activity will be performed for the Facility.

 Regulated Contaminant(s):

 CAS No: 007664-41-7 AMMONIA

Item 3.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 The facility will maintain records to verify 

 concentration of ammonia stored on-site is less than 19%.

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: AMMONIA

Parameter Monitored: CONCENTRATION

Upper Permit Limit: 19 percent

Reference Test Method: EPA Approved

Monitoring Frequency: PER DELIVERY

Averaging Method: MAXIMUM - NOT TO BE EXCEEDED AT ANY 

 TIME (INSTANTANEOUS/DISCRETE OR GRAB)

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 10 DRAFT

Subsequent reports are due every 12 calendar month(s).

Condition 4: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 200.7

Item 4.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001 Emission Point: EP001

 Emission Unit: U-00002 Emission Point: EP002

 Regulated Contaminant(s):

 CAS No: 007664-41-7 AMMONIA

Item 4.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 The facility shall install, calibrate, maintain and 

 operate continuous emissions monitors for ammonia. The 

 5.0 ppmvd corrected to 15% Oxygen limit applies during all

 turbine loads, all fuels being fired and all duct burner 

 operations.

Manufacturer Name/Model Number: Ammonia Analyzer

Parameter Monitored: AMMONIA

Upper Permit Limit: 5.0 parts per million by volume 

 (dry, corrected to 15% O2)

Reference Test Method: 40 CFR 60 Appendices B & F

Monitoring Frequency: CONTINUOUS

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 3 calendar month(s).

Condition 5: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 201-1.4 (a)

Item 5.1:

The Compliance Demonstration activity will be performed for the Facility.

Item 5.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

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Monitoring Description: 

 The owner or operator shall, within one year following 

 the commencement of operation, submit a Title V permit 

 application to the Department (as per the requirements of 

 paragraph 201-6.3(a)(3)). This application must include 

 start-up, shutdown, and fuel switching data to establish 

 enforceable combustion turbine start-up, shutdown, and 

 fuel switching emission rates for NOx, CO, and NH3, and 

 confirm that such established rates would not result in a 

 violation of applicable NAAQS.

 In the event that a minimum of 15 start-ups and 15 

 shutdowns, while firing distillate oil, does not occur 

 within the one year period defined above, the owner or 

 operator will be required to submit start-up and shutdown 

 data, with an application for permit modification, once 

 the 15 start-ups and shutdowns while firing distillate oil

 occur.

 Also, if a minimum of 15 fuel switches does not occur 

 within the one year period defined above, the owner or 

 operator will be required to submit fuel switching data 

 with an application for permit modification once the 15 

 fuel switches occur.

Monitoring Frequency: CONTINUOUS

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 6: Title V Permit Requirement

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 201-6.3 (a) (2)

Item 6.1:

A Title V permit application must be submitted to the Department within one year of

commencement of operation of this facility.

Condition 7: Facility Permissible Emissions

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR Subpart 201-7

Item 7.1:

The sum of emissions from the emission units specified in this permit shall not equal or exceed

the following

Potential To Emit (PTE) rate for each regulated contaminant:

 CAS No: 0NY075-02-5 PTE: 190,000 pounds per year

 Name: PM 2.5

Condition 8: Capping Monitoring Condition
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 12 DRAFT

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR Subpart 201-7

Item 8.1:

Under the authority of 6 NYCRR Part 201-7, this condition contains an emission cap for the

purpose of limiting emissions from the facility, emission unit or process to avoid being subject to

the following applicable requirement(s) that the facility, emission unit or process would

otherwise be subject to:

 6 NYCRR 231-2.2

Item 8.2:

Operation of this facility shall take place in accordance with the approved criteria, emission

limits, terms, conditions and standards in this permit.

Item 8.3:

The owner or operator of the permitted facility must maintain all required records on-site for a

period of five years and make them available to representatives of the Department upon request.

Department representatives must be granted access to any facility regulated by this Subpart,

during normal operating hours, for the purpose of determining compliance with this and any

other state and federal air pollution control requirements, regulations or law.

Item 8.4:

On an annual basis, unless otherwise specified below, beginning one year after the granting of an

emissions cap, the responsible official shall provide a certification to the Department that the

facility has operated all emission units within the limits imposed by the emission cap. This

certification shall include a brief summary of the emissions subject to the cap for that time

period and a comparison to the threshold levels that would require compliance with an

applicable requirement.

Item 8.5:

The emission of pollutants that exceed the applicability thresholds for an applicable requirement,

for which the facility has obtained an emissions cap, constitutes a violation of Part 201 and of

the Act.

Item 8.6:

The Compliance Demonstration activity will be performed for the Facility.

 Regulated Contaminant(s):

 CAS No: 0NY075-02-5 PM 2.5

Item 8.7:

Compliance Demonstration shall include the following monitoring:

 Capping: Yes

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 Monthly facility-wide emissions of PM-2.5 will be 

 calculated as the sum of monthly PM-2.5 emissions from 

 individual emission units or source groups. Emissions 
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 13 DRAFT

 will be calculated based on heat input (or, equivalently, 

 from fuel use) and emission factors as described below. 

 Annual facility-wide emissions will then be determined at 

 the end of each month on a rolling 12-month basis in order

 to demonstrate compliance with the 95 ton per year 

 cap.

 The source groups included in the emissions cap along with

 their associated source indices and PM-2.5 emission 

 factors, as used in subsequent equations, are listed in 

 the following. For each source group, the parameter that 

 will be monitored and the monitoring frequency. 

 Continuous monitoring of heat input to the combustion 

 turbines, auxiliary boiler and gas heater(s) will be 

 provided by a digital data acquisition system 

 (DAS).

 Unit Op Load Fuel Grp Emission Factor

 

 CT only > 80% Gas 1 0.0056

 CT only < 80% Gas 2 0.0073

 CT + DB > 80% Gas 3 0.0064

 CT only > 85% Oil 4 0.0247

 CT only < 85% Oil 5 0.0368

 Aux Boiler All Gas 6 0.0063

 Gas Heater All Gas 7 0.0076

 EDG All Oil 8 0.0091

 EFP All Oil 9 0.0429

 Where CT = combustion turbines, DB = duct burners, Aux 

 Boiler = auxiliary boiler, EDG = emergency diesel 

 generator and EFP = emergency fire pump

 For the combustion turbines, the proposed emission factors

 represent the maximum PM-2.5 emission factor over the 

 specified normal operating loads for the associated fuel 

 and category. In lieu of using the maximum PM-2.5 

 emission factors, the owner or operator may elect to use 

 representative PM-2.5 stack test data to determine 

 compliance with the annual PM-2.5 emissions cap.

 

 

 For each source group (i), the PM-2.5 emissions in tons 

 (Qij) for month j will be calculated as follows: 

 Qij = EFi x Hij / 2000, where:

 • EFi = PM-2.5 emission factor or representative PM-2.5 

 stack test data (lb/mmBtu) for source group i

 • Hij = monthly heat input (mmBtu) for source group i in 

 month j
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 14 DRAFT

 In cases where fuel use (gallons of oil or standard cubic 

 feet of gas) for a source group is monitored directly 

 rather than heat input, the equivalent heat input will be 

 determined by multiplying the monthly fuel usage for the 

 source group by the corresponding fuel heating value 

 (mmBtu/gallon or mmBtu/scf), using the higher heating 

 value (HHV) basis for the fuel.

 The total facility PM-2.5 emissions in month j (Qj) will 

 be calculated by summing over all source groups (i = 1 to 

 9) as follows: Qj = ∑ EFi x Hij / 2000 = ∑ Qij.

 The facility-wide PM-2.5 emissions over the past 12 months

 (Qann) ending in month j will be determined by summing the

 facility-wide PM-2.5 emissions for the most recent 12 

 months (k = 0 to 11) as follows:

 Qann = ∑ Qj-k

 After each month, compliance will be demonstrated with the

 proposed 95 ton/year PM-2.5 emission limit by showing that

 Qann < 95.

 The facility shall conduct periodic testing to demonstrate

 that emissions from the combustion turbines comply with 

 the lb/mmBtu emission factors for PM-2.5. The combustion 

 turbines will be tested once per year for the first two 

 years of operation with the first test to be conducted 

 within 180 days of startup.

 

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: FUEL

Parameter Monitored: HEAT INPUT

Upper Permit Limit: 95 tons per year

Monitoring Frequency: CONTINUOUS

Averaging Method: 12-month total, rolled monthly

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 12 calendar month(s).

Condition 9: Air pollution prohibited

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 211.1

Item 9.1:

No person shall cause or allow emissions of air contaminants to the outdoor atmosphere of such

quantity, characteristic or duration which are injurious to human, plant or animal life or to

property, or which unreasonably interfere with the comfortable enjoyment of life or property.
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 15 DRAFT

Notwithstanding the existence of specific air quality standards or emission limits, this

prohibition applies, but is not limited to, any particulate, fume, gas, mist, odor, smoke, vapor,

pollen, toxic or deleterious emission, either alone or in combination with others.

Condition 10: Facility PTE

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-5.3

Item 10.1:

CPV Valley Energy Center

Facility-Wide Potential to Emit

VOC 65 tons/yr

NOx 186.8 tons/yr

Condition 11: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-5.4

Item 11.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001 Emission Point: EP001

 Process: P1A

 Emission Unit: U-00001 Emission Point: EP001

 Process: P2A

 Emission Unit: U-00002 Emission Point: EP002

 Process: P01

 Emission Unit: U-00002 Emission Point: EP002

 Process: P02

 Regulated Contaminant(s):

 CAS No: 0NY210-00-0 OXIDES OF NITROGEN

Item 11.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 LAER is 2.0 ppmvd corrected to 15% Oxygen. Will be 

 achieved through use of Dry Low NOx combustion technology 

 and SCR.

 The facility shall install, calibrate, maintain, and 
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 16 DRAFT

 operate a continuous emission monitor.

 The limit applies at all loads except during start up and 

 shutdown.

Manufacturer Name/Model Number: CEM

Upper Permit Limit: 2.0 parts per million by volume 

 (dry, corrected to 15% O2)

Reference Test Method: 40 CFR Part 60 Appendix and Method 7E

Monitoring Frequency: CONTINUOUS

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 3 calendar month(s).

Condition 12: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-5.4

Item 12.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001 Emission Point: EP001

 Process: P2A

 Emission Unit: U-00002 Emission Point: EP002

 Process: P02

 Regulated Contaminant(s):

 CAS No: 0NY998-00-0 VOC

Item 12.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 LAER is 1.8 ppmvd corrected to 15% O2. Will be achieved 

 using good combustion controls and an oxidation catalyst. 

 Emission testing to be performed within 180 days of 

 startup.

Manufacturer Name/Model Number: CEM

Parameter Monitored: CONCENTRATION

Upper Permit Limit: 1.8 parts per million by volume 

 (dry, corrected to 15% O2)

Reference Test Method: Method 25A

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 17 DRAFT

Condition 13: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-5.4

Item 13.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001 Emission Point: EP001

 Process: P3A

 Emission Unit: U-00002 Emission Point: EP002

 Process: P03

 Regulated Contaminant(s):

 CAS No: 0NY210-00-0 OXIDES OF NITROGEN

Item 13.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 LAER is 6.0 ppmvd corrected to 15% Oxygen. Will be 

 achieved using water injection and SCR.

 The facility shall install, calibrate, maintain, and 

 operate a continuous emission monitor.

 The limit applies at all loads except during start up and 

 shutdown.

Manufacturer Name/Model Number: CEM

Upper Permit Limit: 6.0 parts per million by volume 

 (dry, corrected to 15% O2)

Reference Test Method: 40 CFR Part 60 Appendix and Method 7E

Monitoring Frequency: CONTINUOUS

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 3 calendar month(s).

Condition 14: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-5.4

Item 14.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001 Emission Point: EP001
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 18 DRAFT

 Process: P1A

 Emission Unit: U-00001 Emission Point: EP001

 Process: P3A

 Emission Unit: U-00002 Emission Point: EP002

 Process: P01

 Emission Unit: U-00002 Emission Point: EP002

 Process: P03

 Regulated Contaminant(s):

 CAS No: 0NY998-00-0 VOC

Item 14.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 LAER is 0.7 ppmvd corrected to 15% O2. Will be achieved 

 using good combustion controls and an oxidation catalyst. 

 Emission testing to be performed within 180 days of 

 startup.

Manufacturer Name/Model Number: CEM

Parameter Monitored: CONCENTRATION

Upper Permit Limit: 0.7 parts per million by volume 

 (dry, corrected to 15% O2)

Reference Test Method: Method 25A

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 15: Emission offset

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-5.5

Item 15.1: The potential to emit Oxides of Nitrogen (NOx) from the facility has been

limited to 187 tons per year. NOx emissions must be offset at a ratio of 1.15 to 1. A total of

216 tons of offsets will be required. The facility will identify the sources of offsets at a later

time but prior to construction. There will be a separate noticing at that time.

Condition 16: Emission offsets

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-5.5

Item 16.1: The potential to emit Volatile Organic Compounds (VOC) from the facility has

been limited to 65 tons per year. VOC emissions must be offset at a ratio of 1.15 to 1. A total
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 19 DRAFT

of 75 tons of offsets will be required. The facility will identify the sources of offsets at a later

time but prior to construction. There will be a separate noticing at that time.

Condition 17: offsets.

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-5.5

 INVALID FORMAT OF CONDITION IN LIBRARY

Condition 18: Facility potential to emit

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.5

Item 18.1:

CPV Valley Energy Center

Facility-Wide Potential to Emit

CO 344 tons /yr

SO2 42 Tons/yr

PM-2.5 95 tons/yr

H2SO4 13 tons/yr

CO2 2,164,438 tons/yr

Condition 19: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 19.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001

 Emission Unit: U-00002

Item 19.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 The combined cycle units shall have a heat rate of 7605 

 Btu/kW-hr

 (HHV) or less at ISO conditions without duct burner firing

 to achieve

 a design thermal efficiency of 57.4% (LHV).

 Within 90 days of start-up of the facility and on an 
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 20 DRAFT

 annual basis

 thereafter, the owner or operator shall conduct a 

 Department-approved

 heat rate performance test on a combined cycle unit while 

 it is

 operating at maximum load to determine heat rate.

 The owner or operator shall conduct this heat rate 

 performance test

 according to the requirements of the American Society of 

 Mechanical

 Engineers Performance Test Code on Overall Plant 

 Performance, ASME PTC

 46-1996.

Parameter Monitored: HEAT RATE

Upper Permit Limit: 7605 BTU per kilowatt-hour

Reference Test Method: ASME PTC 46-1996

Monitoring Frequency: ANNUALLY

Averaging Method: MAXIMUM - NOT TO EXCEED STATED VALUE -

 SEE MONITORING DESCRIPTION

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 6 calendar month(s).

Condition 20: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 20.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001

 Emission Unit: U-00002

 Emission Unit: U-00003

 Emission Unit: U-00004

 Emission Unit: U-00005

 Emission Unit: U-00006

Item 20.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner or operators of the facility shall calculate 
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 21 DRAFT

 the annual

 emissions (based on a monthly rolling average) of Carbon 

 Dioxide

 equivalent (CO2e) emitted from the facility.

 

 The Emissions factors will be based on either performance 

 tests (as

 required by the permit) or developed emission factors from

 authorized

 sources (i.e. - AP-42). Fuel usage shall be monitored by 

 fuel flow

 meters. The information will be kept on-site and available

 for review

 for a minimum of five years.

 The facility will maintain records on-site for a minimum 

 of five

 years.

Reference Test Method: As Described in condition

Monitoring Frequency: MONTHLY

Averaging Method: ANNUAL TOTAL ROLLED MONTHLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 6 calendar month(s).

Condition 21: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 21.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001

 Emission Unit: U-00002

Item 21.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The facility shall install, calibrate, maintain, and 

 operate a

 continuous emission monitor for the total annual Carbon 

 Dioxide

 equivalent (CO2e) emissions from the two combined-cycle 

 units.

 The facility shall maintain records on-site for a minimum 
 

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 Air Pollution Control Permit Conditions

 Page 22 DRAFT

 of five

 years.

Reference Test Method: 3A

Monitoring Frequency: CONTINUOUS

Averaging Method: ANNUAL TOTAL ROLLED MONTHLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 6 calendar month(s).

Condition 22: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 22.1:

The Compliance Demonstration activity will be performed for the Facility.

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 22.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 BACT FUEL SULFUR LIMIT OF 0.0015% BY 

 WEIGHT.

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: FUEL OIL

Parameter Monitored: SULFUR CONTENT

Upper Permit Limit: 0.0015 percent by weight

Reference Test Method: ASTM D-2880-71

Monitoring Frequency: PER DELIVERY

Averaging Method: MAXIMUM - NOT TO BE EXCEEDED AT ANY 

 TIME (INSTANTANEOUS/DISCRETE OR GRAB)

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 3 calendar month(s).

Condition 23: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 23.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 23 DRAFT

 Process: P1A

 Emission Unit: U-00001

 Process: P2A

 Emission Unit: U-00002

 Process: P01

 Emission Unit: U-00002

 Process: P02

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 23.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.0022 lb/mmBtu. Will be achieved through use of

 low sulfur fuels. Emission testing to be performed within

 180 days of startup.

Upper Permit Limit: 0.0022 pounds per million Btus

Reference Test Method: EPA Approved

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 24: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 24.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001

 Process: P1A

 Emission Unit: U-00001

 Process: P2A

 Emission Unit: U-00002

 Process: P01

 Emission Unit: U-00002

 Process: P02

 Regulated Contaminant(s):
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 24 DRAFT

 CAS No: 007664-93-9 SULFURIC ACID

Item 24.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.0007 lb/mmBtu. Will be achieved through use of

 low sulfur fuels. Emission testing to be performed within

 180 days of startup.

Upper Permit Limit: 0.0007 pounds per million Btus

Reference Test Method: EPA Approved

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 25: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 25.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001

 Process: P3A

 Emission Unit: U-00002

 Process: P03

 Regulated Contaminant(s):

 CAS No: 007664-93-9 SULFURIC ACID

Item 25.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.0005 lb/mmBtu. Will be achieved through use of

 low sulfur fuels. Emission testing to be performed within

 180 days of startup.

Upper Permit Limit: 0.0005 pounds per million Btus

Reference Test Method: EPA Approved

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 25 DRAFT

Condition 26: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 26.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001

 Process: P3A

 Emission Unit: U-00002

 Process: P03

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 26.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.0015 lb/mmBtu. Will be achieved through use of

 low sulfur fuels. Emission testing to be performed within

 180 days of startup.

Upper Permit Limit: 0.0015 pounds per million Btus

Reference Test Method: EPA Approved

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 27: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 27.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001

 Process: P3A

 Emission Unit: U-00002

 Process: P03

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

 CAS No: 0NY075-00-5 PM-10
 

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Item 27.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.0368 lb/mmBtu. Will be achieved through use of

 low sulfur fuels. Emission testing to be performed within

 180 days of startup.

Upper Permit Limit: 0.0368 pounds per million Btus

Reference Test Method: Methods 201/201A and 202

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 28: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 28.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001

 Process: P2A

 Emission Unit: U-00002

 Process: P02

 Regulated Contaminant(s):

 CAS No: 000630-08-0 CARBON MONOXIDE

Item 28.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 BACT is 3.4 ppmvd corrected to 15% Oxygen. Will be 

 achieved through good combustion controls and an oxidation

 catalyst.

 The facility shall install, calibrate, maintain, and 

 operate a continuous emission monitor.

 The limit applies at all loads except during start up and 

 shutdown.

Manufacturer Name/Model Number: CO analyzer

Parameter Monitored: CONCENTRATION
 

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 Air Pollution Control Permit Conditions

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Upper Permit Limit: 3.4 parts per million by volume 

 (dry, corrected to 15% O2)

Reference Test Method: Method 10

Monitoring Frequency: CONTINUOUS

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 3 calendar month(s).

Condition 29: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 29.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001

 Process: P1A

 Emission Unit: U-00001

 Process: P2A

 Emission Unit: U-00002

 Process: P01

 Emission Unit: U-00002

 Process: P02

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

 CAS No: 0NY075-00-5 PM-10

Item 29.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.0073 lb/mmBtu. Will be achieved through use of

 low sulfur fuels. Emission testing to be performed within

 180 days of startup.

Upper Permit Limit: 0.0073 pounds per million Btus

Reference Test Method: Methods 201/201A and 202

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 30: Compliance Demonstration

 Effective for entire length of Permit
 

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 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 30.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001

 Process: P1A

 Emission Unit: U-00001

 Process: P3A

 Emission Unit: U-00002

 Process: P01

 Emission Unit: U-00002

 Process: P03

 Regulated Contaminant(s):

 CAS No: 000630-08-0 CARBON MONOXIDE

Item 30.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 BACT is 2.0 ppmvd corrected to 15% Oxygen. Will be 

 achieved through good combustion controls and an oxidation

 catalyst.

 The facility shall install, calibrate, maintain, and 

 operate a continuous emission monitor.

 The limit applies at all loads except during start up and 

 shutdown.

Manufacturer Name/Model Number: CO analyzer

Parameter Monitored: CONCENTRATION

Upper Permit Limit: 2.0 parts per million by volume 

 (dry, corrected to 15% O2)

Reference Test Method: Method 10

Monitoring Frequency: CONTINUOUS

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 3 calendar month(s).

Condition 31: Permit Requirements

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 243-1.6 (a)
 

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Item 31.1:

The CAIR designated representative of each CAIR NOx Ozone Season source shall:

(i) submit to the department a complete CAIR permit application under section 243-3.3 in

accordance with the deadlines specified in section 243-3.2; and

(ii) submit in a timely manner any supplemental information that the department determines is

necessary in order to review a CAIR permit application and issue or deny a CAIR permit.

The owners and operators of each CAIR NOx Ozone Season source shall have a CAIR permit

issued by the department under Subpart 243-3 for the source and operate the source and the unit

in compliance with such CAIR permit.

Condition 32: Monitoring requirements

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 243-1.6 (b)

Item 32.1:

The emissions measurements recorded and reported in accordance with Subpart 243-8 shall be

used to determine compliance by each CAIR NOx Ozone Season source with the CAIR NOx

Ozone Season emissions limitation under subdivision (c) of this section.

Condition 33: NOx Ozone Season Emission Requirements

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 243-1.6 (c)

Item 33.1:

As of the allowance transfer deadline for a control period, the owners and operators of each

CAIR NOx Ozone Season source and each CAIR NOx Ozone Season unit at the source shall

hold, in the source's compliance account, CAIR NOx Ozone Season allowances available for

compliance deductions for the control period under section 243-6.5(a) in an amount not less than

the tons of total nitrogen oxides emissions for the control period from all CAIR NOx Ozone

Season units at the source, as determined in accordance with Subpart 243-8. The CAIR NOx

ozone season is the period beginning May 1 of a calendar year, except as provided in section

243-1.6(c)(2), and ending on September 30 of the same year, inclusive.

A CAIR NOx Ozone Season unit shall be subject to the requirements under paragraph (c)(1) of

this section for the control period starting on the later of May 1, 2009 or the deadline for meeting

the unit's monitor certification requirements under sections 243-8.1(b)(1), (2), (3), or (7) and for

each control period thereafter.

A CAIR NOx Ozone Season allowance shall not be deducted, for compliance with the

requirements under paragraph (c)(1) of this section, for a control period in a calendar year before

the year for which the CAIR NOx Ozone Season allowance was allocated.

CAIR NOx Ozone Season allowances shall be held in, deducted from, or transferred into or

among CAIR NOx Ozone Season Allowance Tracking System accounts in accordance with

Subparts 243-6, 243-7, and 243-9.

A CAIR NOx Ozone Season allowance is a limited authorization to emit one ton of nitrogen
 

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 Air Pollution Control Permit Conditions

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oxides in accordance with the CAIR NOx Ozone Season Trading Program. No provision of the

CAIR NOx Ozone Season Trading Program, the CAIR permit application, the CAIR permit, or

an exemption under section 243-1.5 and no provision of law shall be construed to limit the

authority of the State or the United States to terminate or limit such authorization.

A CAIR NOx Ozone Season allowance does not constitute a property right.

Upon recordation by the Administrator under Subpart 243-6, 243-7, or 243-9, every allocation,

transfer, or deduction of a CAIR NOx Ozone Season allowance to or from a CAIR NOx Ozone

Season source's compliance account is incorporated automatically in any CAIR permit of the

source.

Condition 34: Excess emission requirements

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 243-1.6 (d)

Item 34.1:

If a CAIR NOx Ozone Season source emits nitrogen oxides during any control period in excess

of the CAIR NOx Ozone Season emissions limitation, then:

(1) the owners and operators of the source and each CAIR NOx Ozone Season unit at the source

shall surrender the CAIR NOx Ozone Season allowances required for deduction under section

243-6.5(d)(1) and pay any fine, penalty, or assessment or comply with any other remedy

imposed, for the same violations, under the Act or applicable State law; and

(2) each ton of such excess emissions and each day of such control period shall constitute a

separate violation of this Subpart, the Act, and applicable State law.

Condition 35: Recordkeeping and reporting requirements

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 243-1.6 (e)

Item 35.1:

Unless otherwise provided, the owners and operators of the CAIR NOx Ozone Season source

and each CAIR NOx Ozone Season unit at the source shall keep on site at the source each of the

following documents for a period of five years from the date the document is created. This

period may be extended for cause, at any time before the end of five years, in writing by the

department or the Administrator.

(i) The certificate of representation under section 243-2.4 for the CAIR designated

representative for the source and each CAIR NOx Ozone Season unit at the source and all

documents that demonstrate the truth of the statements in the certificate of representation;

provided that the certificate and documents shall be retained on site at the source beyond such

five-year period until such documents are superseded because of the submission of a new

certificate of representation under section 243-2.4 changing the CAIR designated representative.

(ii) All emissions monitoring information, in accordance with Subpart 243-8, provided that to the

extent that Subpart 243-8 provides for a three-year period for recordkeeping, the three-year

period shall apply.
 

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 Air Pollution Control Permit Conditions

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(iii) Copies of all reports, compliance certifications, and other submissions and all records made

or required under the CAIR NOx Ozone Season Trading Program.

(iv) Copies of all documents used to complete a CAIR permit application and any other

submission under the CAIR NOx Ozone Season Trading Program or to demonstrate compliance

with the requirements of the CAIR NOx Ozone Season Trading Program.

Condition 36: Authorization and responsibilities of CAIR designated 

 representative

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 243-2.1

Item 36.1:

Except as provided under section 243-2.2, each CAIR NOx Ozone Season source, including all

CAIR NOx Ozone Season units at the source, shall have one and only one CAIR designated

representative, with regard to all matters under the CAIR NOx Ozone Season Trading Program

concerning the source or any CAIR NOx Ozone Season unit at the source.

The CAIR designated representative of the CAIR NOx Ozone Season source shall be selected by

an agreement binding on the owners and operators of the source and all CAIR NOx Ozone

Season units at the source and shall act in accordance with the certification statement in section

243-2.4(a)(4)(iv).

Upon receipt by the Administrator of a complete certificate of representation under section

243-2.4, the CAIR designated representative of the source shall represent and, by his or her

representations, actions, inactions, or submissions, legally bind each owner and operator of the

CAIR NOx Ozone Season source represented and each CAIR NOx Ozone Season unit at the

source in all matters pertaining to the CAIR NOx Ozone Season Trading Program,

notwithstanding any agreement between the CAIR designated representative and such owners

and operators. The owners and operators shall be bound by any decision or order issued to the

CAIR designated representative by the department, the Administrator, or a court regarding the

source or unit.

No CAIR permit will be issued, no emissions data reports will be accepted, and no CAIR NOx

Ozone Season Allowance Tracking System account will be established for a CAIR NOx Ozone

Season unit at a source, until the Administrator has received a complete certificate of

representation under section 243-2.4 for a CAIR designated representative of the source and the

CAIR NOx Ozone Season units at the source.

 Each submission under the CAIR NOx Ozone Season Trading Program shall be submitted,

signed, and certified by the CAIR designated representative for each CAIR NOx Ozone Season

source on behalf of which the submission is made. Each such submission shall include the

following certification statement by the CAIR designated representative: "I am authorized to

make this submission on behalf of the owners and operators of the source or units for which the

submission is made. I certify under penalty of law that I have personally examined, and am

familiar with, the statements and information submitted in this document and all its attachments.

Based on my inquiry of those individuals with primary responsibility for obtaining the

information, I certify that the statements and information are to the best of my knowledge and

belief true, accurate, and complete. I am aware that there are significant penalties for submitting

false statements and information or omitting required statements and information, including the

possibility of fine or imprisonment."
 

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Condition 37: Certificate of representation

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 243-2.4

Item 37.1:

Unless otherwise required by the department or the Administrator, documents of agreement

referred to in the certificate of representation shall not be submitted to the department or the

Administrator. Neither the department nor the Administrator shall be under any obligation to

review or evaluate the sufficiency of such documents, if submitted.

Condition 38: General requirements

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 243-8.1

Item 38.1:

The owners and operators, and to the extent applicable, the CAIR designated representative, of a

CAIR NOx Ozone Season unit, shall comply with the monitoring, recordkeeping, and reporting

requirements as provided in this Subpart and in Subpart H of 40 CFR Part 75. For purposes of

complying with such requirements, the definitions in section 243-1.2 and in 40 CFR 72.2 shall

apply, and the terms "affected unit," "designated representative," and "continuous emission

monitoring system" (or "CEMS") in 40 CFR Part 75 shall be deemed to refer to the terms "CAIR

NOx Ozone Season unit," "CAIR designated representative," and "continuous emission

monitoring system" (or "CEMS") respectively, as defined in section 243-1.2. The owner or

operator of a unit that is not a CAIR NOx Ozone Season unit but that is monitored under 40 CFR

75.72(b)(2)(ii) shall comply with the same monitoring, recordkeeping, and reporting

requirements as a CAIR NOx Ozone Season unit.

'Requirements for installation, certification, and data accounting.' The owner or operator of each

CAIR NOx Ozone Season unit shall:

(1) install all monitoring systems required under this Subpart for monitoring NOx mass

emissions and individual unit heat input (including all systems required to monitor NOx

emission rate, NOx concentration, stack gas moisture content, stack gas flow rate, CO2 or O2

concentration, and fuel flow rate, as applicable, in accordance with 40 CFR 75.71 and 40 CFR

75.72);

(2) successfully complete all certification tests required under section 243-8.2 and meet all other

requirements of this Subpart and 40 CFR Part 75 applicable to the monitoring systems under

paragraph (a)(1) of this section; and

(3) record, report, and quality-assure the data from the monitoring systems under paragraph

(a)(1) of this section.

Condition 39: Prohibitions

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 243-8.1

Item 39.1:
 

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 Air Pollution Control Permit Conditions

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No owner or operator of a CAIR NOx Ozone Season unit shall use any alternative monitoring

system, alternative reference method, or any other alternative to any requirement of this Subpart

without having obtained prior written approval in accordance with section 243-8.6.

No owner or operator of a CAIR NOx Ozone Season unit shall operate the unit so as to

discharge, or allow to be discharged, NOx emissions to the atmosphere without accounting for

all such emissions in accordance with the applicable provisions of this Subpart and 40 CFR Part

75.

No owner or operator of a CAIR NOx Ozone Season unit shall disrupt the continuous emission

monitoring system, any portion thereof, or any other approved emission monitoring method, and

thereby avoid monitoring and recording NOx mass emissions discharged into the atmosphere or

heat input, except for periods of recertification or periods when calibration, quality assurance

testing, or maintenance is performed in accordance with the applicable provisions of this Subpart

and 40 CFR Part 75.

No owner or operator of a CAIR NOx Ozone Season unit shall retire or permanently discontinue

use of the continuous emission monitoring system, any component thereof, or any other

approved monitoring system under this Subpart, except under any one of the following

circumstances:

(i) during the period that the unit is covered by an exemption under section 243-1.5 that is in

effect;

(ii) the owner or operator is monitoring emissions from the unit with another certified monitoring

system approved, in accordance with the applicable provisions of this Subpart and 40 CFR Part

75, by the department for use at that unit that provides emission data for the same pollutant or

parameter as the retired or discontinued monitoring system; or

(iii) the CAIR designated representative submits notification of the date of certification testing of

a replacement monitoring system for the retired or discontinued monitoring system in

accordance with section 243-8.2(d)(3)(i).

Condition 40: Quarterly reports

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 243-8.5 (d)

Item 40.1:

The CAIR designated representative shall submit quarterly reports, as follows:

If the CAIR NOx Ozone Season unit is subject to an Acid Rain emissions limitation or a CAIR

NOx emissions limitation or if the owner or operator of such unit chooses to report on an annual

basis under this Subpart, the CAIR designated representative shall meet the requirements of

Subpart H of 40 CFR Part 75 (concerning monitoring of NOx mass emissions) for such unit for

the entire year and shall report the NOx mass emissions data and heat input data for such unit, in

an electronic quarterly report in a format prescribed by the Administrator, for each calendar

quarter beginning with:

(i) for a unit that commences commercial operation before July 1, 2007, the calendar quarter

covering May 1, 2008 through June 30, 2008;

(ii) for a unit that commences commercial operation on or after July 1, 2007, the calendar

quarter corresponding to the earlier of the date of provisional certification or the applicable

deadline for initial certification under section 243-8.1(b), unless that quarter is the third or fourth
 

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 Air Pollution Control Permit Conditions

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quarter of 2007 or the first quarter of 2008, in which case reporting shall commence in the

quarter covering May 1, 2008 through June 30, 2008.

The CAIR designated representative shall submit each quarterly report to the Administrator

within 30 days following the end of the calendar quarter covered by the report. Quarterly reports

shall be submitted in the manner specified in 40 CFR 75.73(f).

For CAIR NOx Ozone Season units that are also subject to an Acid Rain emissions limitation or

the CAIR NOx Annual Trading Program, CAIR SO2 Trading Program, or the Mercury

Reduction Program for Coal-Fired Electric Utility Steam Generating Units (6 NYCRR Part 246),

quarterly reports shall include the applicable data and information required by Subparts F

through I of 40 CFR Part 75 as applicable, in addition to the NOx mass emission data, heat input

data, and other information required by this Subpart.

Condition 41: Compliance certification

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 243-8.5 (e)

Item 41.1:

The CAIR designated representative shall submit to the Administrator a compliance certification

(in a format prescribed by the Administrator) in support of each quarterly report based on

reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit's

emissions are correctly and fully monitored. The certification shall state that:

(1) the monitoring data submitted were recorded in accordance with the applicable requirements

of this Subpart and 40 CFR Part 75, including the quality assurance procedures and

specifications;

(2) for a unit with add-on NOx emission controls and for all hours where NOx data are

substituted in accordance with 40 CFR 75.34(a)(1), the add-on emission controls were operating

within the range of parameters listed in the quality assurance/quality control program under

appendix B to 40 CFR Part 75 and the substitute data values do not systematically underestimate

NOx emissions; and

(3) for a unit that is reporting on a control period basis under subparagraph (d)(2)(ii) of this

section, the NOx emission rate and NOx concentration values substituted for missing data under

Subpart D of 40 CFR Part 75 are calculated using only values from a control period and do not

systematically underestimate NOx emissions.

Condition 42: CAIR NOx Annual Trading Program General Conditions

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR Subpart 244-1

Item 42.1:

1) As of midnight of March 1, or midnight of the first business day thereafter if March 1 is not a

business day, the owners and operators shall hold, in their compliance account, Clean Air

Interstate Rule (CAIR) NOx allowances available for compliance deductions for the previous

control period (January 1 through December 31), in an amount not less than the total tons of

nitrogen oxides emissions from all CAIR NOx units at the source during that control period. A

CAIR NOx allowance shall not be deducted for a control period in a calendar year before the
 

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 Air Pollution Control Permit Conditions

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year for which the CAIR NOx allowance was allocated. [244-1.6(c)(1), 244-1.2(b)(5),

244-1.2(b)(36), 244-1.6(c)(3)]

2) The owners and operators shall hold in their compliance account, CAIR NOx allowances

available for compliance deductions for the control period starting on the later of January 1,

2009 or the deadline for meeting a CAIR NOx unit's monitor certification requirements under

section 244-8.1(b)(1), (2), or (5) and for each control period thereafter. [244-1.6(c)(2)]

3) If a CAIR NOx source emits nitrogen oxides during any control period in excess of the CAIR

NOx emissions limitation, the owners and operators of the CAIR NOx source shall surrender

the CAIR NOx allowances required for deduction under 6NYCRR Part 244-6.5(d)(1) and pay

any fine, penalty, or assessment or comply with any other remedy imposed, for the same

violations, under the Act or applicable State law. Each ton of such excess emissions and each

day of such control period shall constitute a separate violation of this permit, the Act, and

applicable State law. [(244-1.6(d)]

4) Unless otherwise provided, the owners and operators of the CAIR NOx source shall keep on

site each of the following documents for a period of five years from the date the document is

created. This period may be extended for cause, at any time before the end of five years, in

writing by the department or the Administrator: [244-1.6(e)]

 (i) The certificate of representation under 6NYCRR Part 244-2.4 for the CAIR designated

representative for the source and all documents that demonstrate the truth of the statements in the

certificate of representation; provided that the certificate and documents shall be retained on site

at the source beyond such five year period until such documents are superseded because of the

submission of a new certificate of representation under 6NYCRR Part 244-2.4 changing the

CAIR designated representative.

 (ii) All emissions monitoring information, in accordance with 6NYCRR Part 244-8, provided

that to the extent that 6NYCRR Part 244-8 provides for a three year period for recordkeeping,

the three year period shall apply.

 (iii) Copies of all reports, compliance certifications, and other submissions and all records

made or required under the CAIR NOx Annual Trading Program.

 (iv) Copies of all documents used to complete a CAIR permit application and any other

submission under the CAIR NOx Annual Trading Program or to demonstrate compliance with

the requirements of the CAIR NOx Annual Trading Program.

Condition 43: Designated CAIR Representative

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR Subpart 244-2

Item 43.1:

1) Each Clean Air Interstate Rule (CAIR) NOx source shall have one CAIR designated

representative and may have one alternate representative, as per 6NYCRR Part 244-2.2, with

regard to all matters under the CAIR NOx Annual Trading Program. The CAIR designated

representative shall be selected by an agreement binding on the owners and operators of the

source and act in accordance with the certification statement in 6NYCRR Part 244-2.4(a)(4)(iv). 

Upon receipt by the Administrator of a complete certificate of representation under 6NYCRR

Part 244-2.4, the CAIR designated representative of the source shall represent and, by his or her

representations, actions, inactions, or submissions, legally bind each owner and operator of the

CAIR NOx source represented in all matters pertaining to the CAIR NOx Annual Trading

Program, notwithstanding any agreement between the CAIR designated representative and such

owners and operators. The owners and operators shall be bound by any decision or order issued
 

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 Air Pollution Control Permit Conditions

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to the CAIR designated representative by the department, the Administrator, or a court regarding

the source. [244-2.1(a), (b) & (c)] 

(2) Each submission under the CAIR NOx Annual Trading Program shall be submitted, signed,

and certified by the CAIR designated representative for each CAIR NOx source on behalf of

which the submission is made. Each such submission shall include the following certification

statement by the CAIR designated representative: "I am authorized to make this submission on

behalf of the owners and operators of the source or units for which the submission is made. I

certify under penalty of law that I have personally examined, and am familiar with, the

statements and information submitted in this document and all its attachments. Based on my

inquiry of those individuals with primary responsibility for obtaining the information, I certify

that the statements and information are to the best of my knowledge and belief true, accurate,

and complete. I am aware that there are significant penalties for submitting false statements and

information or omitting required statements and information, including the possibility of fine or

imprisonment." [244-2.1(e)]

Condition 44: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR Subpart 244-8

Item 44.1:

The Compliance Demonstration activity will be performed for the Facility.

 Regulated Contaminant(s):

 CAS No: 0NY210-00-0 OXIDES OF NITROGEN

Item 44.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Monitoring and Reporting NOX emissions

 (1) The owners and operators, and to the extent 

 applicable, the CAIR designated representative shall 

 comply with all recordkeeping and reporting requirements 

 in this condition, the applicable recordkeeping and 

 reporting requirements under 40 CFR 75, and the 

 requirements of 6NYCRR Part 244-2.1(e)(1). 

 (2) The CAIR designated representative shall submit 

 quarterly reports of the the NOx mass emissions data and 

 heat input data for each CAIR NOx unit, in an electronic 

 quarterly report in a format prescribed by the 

 Administrator, for each calendar quarter beginning with 

 the calendar quarter corresponding to the earlier of the 

 date of provisional certification or the applicable 

 deadline for initial certification under 6NYCRR Part 

 244-8.1(b), unless that quarter is the third or fourth 

 quarter of 2007, in which case reporting shall commence in

 the quarter covering January 1, 2008 through March 31, 
 

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 Air Pollution Control Permit Conditions

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 2008.

 (3) The CAIR designated representative shall submit each 

 quarterly report to the Administrator within 30 days 

 following the end of the calendar quarter covered by the 

 report. Quarterly reports shall be submitted in the manner

 specified in 40 CFR 75.73(f).

 (4) For CAIR NOx units that are also subject to an Acid 

 Rain emissions limitation or the CAIR NOx Ozone Season 

 Trading Program, CAIR SO2 Trading Program, or the Mercury 

 Reduction Program for Coal-Fired Electric Utility Steam 

 Generating Units (6NYCRR Part 246), quarterly reports 

 shall include the applicable data and information required

 by Subparts F through I of 40 CFR Part 75 as applicable, 

 in addition to the NOx mass emission data, heat input 

 data, and other information required by this 

 Subpart.

 (5) 'Compliance certification.' The CAIR designated 

 representative shall submit to the Administrator a 

 compliance certification (in a format prescribed by the 

 Administrator) in support of each quarterly report based 

 on reasonable inquiry of those persons with primary 

 responsibility for ensuring that all of the unit's 

 emissions are correctly and fully monitored. The 

 certification shall state that:

 (i) the monitoring data submitted were recorded in 

 accordance with the applicable requirements of 6NYCRR Part

 244 and 40 CFR Part 75, including the quality assurance 

 procedures and specifications; and

 (ii) for a unit with add-on NOx emission controls and for 

 all hours where NOx data are substituted in accordance 

 with 40 CFR 75.34(a)(1), the add-on emission controls were

 operating within the range of parameters listed in the 

 quality assurance/quality control program under appendix B

 to 40 CFR Part 75 and the substitute data values do not 

 systematically underestimate NOx emissions.

 (6) Whenever any monitoring system fails to meet the 

 quality-assurance and quality-control requirements or data

 validation requirements of 40 CFR part 75, data shall be 

 substituted using the applicable missing data procedures 

 in Subpart D or Subpart H of, or appendix D or appendix E 

 to 40 CFR part 75. [ 244-8.3(a) ]

 (7) Whenever the owner or operator makes a replacement, 

 modification, or change in any certified continuous 

 emission monitoring system under 6NYCRR Part 244-8.1(a)(1)

 that may significantly affect the ability of the system to
 

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 Air Pollution Control Permit Conditions

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 accurately measure or record NOx mass emissions or heat 

 input rate or to meet the quality-assurance and 

 quality-control requirements of 40 CFR 75.21 or appendix B

 to 40 CFR Part 75, the owner or operator shall recertify 

 the monitoring system in accordance with 40 CFR 75.20(b) .

 Furthermore, whenever the owner or operator makes a 

 replacement, modification, or change to the flue gas 

 handling system or the unit's operation that may 

 significantly change the stack flow or concentration 

 profile, the owner or operator shall recertify each 

 continuous emission monitoring system whose accuracy is 

 potentially affected by the change, in accordance with 40 

 CFR 75.20(b). Examples of changes to a continuous emission

 monitoring system that require recertification include 

 replacement of the analyzer, complete replacement of an 

 existing continuous emission monitoring system, or change 

 in location or orientation of the sampling probe or site. 

 Any fuel flowmeter system, and any excepted NOx monitoring

 system under appendix E to 40 CFR part 75, under 6NYCRR 

 Part 244-8.1(a)(1) are subject to the recertification 

 requirements in 40 CFR 75.20(g)(6). [224-8.2(d)(2)

 

Monitoring Frequency: CONTINUOUS

Averaging Method: ANNUAL TOTAL

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 3 calendar month(s).

Condition 45: CAIR SO2 Trading Program General Provisions

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR Subpart 245-1

Item 45.1:

1) As of midnight of March 1, or midnight of the first business day thereafter (if March 1 is not

a business day) for a control period, the owners and operators of each Clean Air Interstate Rule

(CAIR) SO2 source shall hold, in the source's compliance account, a tonnage equivalent in

CAIR SO2 allowances available for compliance deductions for the control period (January 1

through December 31) not less than the tons of total sulfur dioxide emissions for the control

period from all CAIR SO2 units at the source. A CAIR SO2 allowance shall not be deducted,

for compliance with the requirements under paragraph (2) of this section, for a control period in

a calendar year before the year for which the CAIR SO2 allowance was allocated. 

[(245-1.2(b)(5), 245-1.6(c)(1), 245-1.2(b)(36), 245-1.6(c)(3)]

2) The owners and operators shall hold in their compliance account, CAIR SO allowances

available for compliance deductions for the control period starting on the later of January 1,

2010 or the deadline for meeting a CAIR SO2 unit's monitor certification requirements under

section 245-8.1(b)(1), (2), or (5) and for each control period thereafter. [245-1.6(c)(2)]

3) If a CAIR SO2 source emits sulfur dioxide during any control period in excess of the CAIR
 

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 Air Pollution Control Permit Conditions

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SO2 emissions limitation, the owners and operators of the source shall surrender the CAIR SO2

allowances required for deduction under 6NYCRR Part 245-6.5(d)(1) and pay any fine, penalty,

or assessment or comply with any other remedy imposed, for the same violations, under the Act

or applicable State law. Each ton of such excess emissions and each day of such control period

shall constitute a separate violation of this Subpart, the Act, and applicable State law.

[(245-1.6(d)]

4) Unless otherwise provided, the owners and operators of the CAIR SO2 source shall keep on

site at the source each of the following documents for a period of five years from the date the

document is created. This period may be extended for cause, at any time before the end of five

years, in writing by the department or the Administrator: [245-1.6(e)]

 (i) The certificate of representation under 6NYCRR Part 245-2.4 for the CAIR designated

representative for the source and all documents that demonstrate the truth of the statements in the

certificate of representation; provided that the certificate and documents shall be retained on site

at the source beyond such five-year period until such documents are superseded because of the

submission of a new certificate of representation under 6NYCRR Part 245-2.4 changing the

CAIR designated representative.

 (ii) All emissions monitoring information, in accordance with 6NYCRR Part 245-8, provided

that to the extent that 6NYCRR Part 245-8 provides for a three-year period for recordkeeping,

the three-year period shall apply.

 (iii) Copies of all reports, compliance certifications, and other submissions and all records

made or required under the CAIR SO2 Trading Program.

 (iv) Copies of all documents used to complete a CAIR permit application and any other

submission under the CAIR SO2 Trading Program or to demonstrate compliance with the

requirements of the CAIR SO2 Trading Program.

Condition 46: Designated CAIR Representative

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR Subpart 245-2

Item 46.1:

1) Each CAIR SO2 source shall have one and only one CAIR designated representative and

may have one alternate representative, as per 6NYCRR Part 245-2.2, with regard to all matters

under the CAIR SO2 Trading Program. The CAIR designated representative of the CAIR SO2

source shall be selected by an agreement binding on the owners and operators of the source and

all CAIR SO2 units at the source and shall act in accordance with the certification statement in

6NYCRR Part 245-2.4(a)(4)(iv). Upon receipt by the Administrator of a complete certificate of

representation under 6NYCRR Part 245-2.4, the CAIR designated representative of the source

shall represent and, by his or her representations, actions, inactions, or submissions, legally bind

each owner and operator of the CAIR SO2 source represented and each CAIR SO2 unit at the

source in all matters pertaining to the CAIR SO2 Trading Program, notwithstanding any

agreement between the CAIR designated representative and such owners and operators. The

owners and operators shall be bound by any decision or order issued to the CAIR designated

representative by the department, the Administrator, or a court regarding the source or unit.

[245-2.1(a), (b) & (c)]

(2) Each submission under the CAIR SO2 Trading Program shall be submitted, signed, and

certified by the CAIR designated representative for each CAIR SO2 source on behalf of which

the submission is made. Each such submission shall include the following certification statement

by the CAIR designated representative: "I am authorized to make this submission on behalf of

the owners and operators of the source or units for which the submission is made. I certify under
 

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 Air Pollution Control Permit Conditions

 Page 40 DRAFT

penalty of law that I have personally examined, and am familiar with, the statements and

information submitted in this document and all its attachments. Based on my inquiry of those

individuals with primary responsibility for obtaining the information, I certify that the statements

and information are to the best of my knowledge and belief true, accurate, and complete. I am

aware that there are significant penalties for submitting false statements and information or

omitting required statements and information, including the possibility of fine or imprisonment." 

[245-2.1(e)]

Condition 47: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR Subpart 245-8

Item 47.1:

The Compliance Demonstration activity will be performed for the Facility.

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 47.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Monitoring and Reporting SO2 emissions:

 1) The owners and operators, and to the extent applicable,

 the Clean Air Interstate Rule (CAIR) designated 

 representative, of a CAIR SO2 unit, shall comply with the 

 monitoring, recordkeeping, and reporting requirements as 

 provided in Subpart 6 NYCRR Part 245-8 and in 40 CFR Part 

 75, Subparts F and G. For purposes of complying with such

 requirements, the definitions in section 245-1.2 and 40 

 CFR 72.2 shall apply, and the terms "affected unit," 

 "designated representative," and "continuous emission 

 monitoring system" (or "CEMS") in 40 CFR Part 75 shall be 

 deemed to refer to the terms "CAIR SO2 unit," "CAIR 

 designated representative," and "continuous emission 

 monitoring system" (or "CEMS") respectively, as defined in

 section 245-1.2. The owner or operator of a unit that is 

 not a CAIR SO2 unit but that is monitored under 40 CFR 

 75.16(b)(2) shall comply with the same monitoring, 

 recordkeeping, and reporting requirements as a CAIR SO2 

 unit. [245-8.1]

 2)The owner or operator of each CAIR SO2 unit shall: 

 [245-8.1(a)]

 (i) install all monitoring systems required under this

 Subpart for monitoring SO2 mass emissions and individual 

 unit heat input (including all systems required to monitor

 SO2 concentration, stack gas moisture content, stack gas 

 flow rate, CO2 or O2 concentration, and fuel flow rate, as
 

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 Air Pollution Control Permit Conditions

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 applicable, in accordance with 40 CFR 75.11 and 40 CFR 

 75.16);

 (ii) successfully complete all certification tests 

 required under Part 245-8.2 and meet all other 

 requirements of this section and 40 CFR Part 75 applicable

 to the monitoring systems under this section; and

 (iii) record, report, and quality-assure the data from

 the monitoring systems under paragraph of this 

 section.

 3) The owner or operator shall meet the monitoring system

 certification and other requirements of section 

 245-8.1(a)(1) and (2) on or before the following dates. 

 The owner or operator shall record, report, and 

 quality-assure the data from the monitoring systems under 

 section 245-8.1(a)(1) on and after the following dates. 

 [245-8.1(b)]

 (i) For the CAIR SO2 unit that commences commercial 

 operation before July 1, 2008, by January 1, 2009.

 (ii) For the CAIR SO2 unit that commences commercial 

 operation on or after July 1, 2008, by the later of the 

 following dates: January 1, 2009; or 90 unit operating 

 days or 180 calendar days, whichever occurs first, after 

 the date on which the unit commences commercial 

 operation.

 4) Whenever the owner or operator makes a replacement, 

 modification, or change in any certified continuous 

 emission monitoring system under section 245-8.1(a)(1) 

 that may significantly affect the ability of the system to

 accurately measure or record SO2 mass emissions or heat 

 input rate or to meet the quality-assurance and 

 quality-control requirements of 40 CFR 75.21 or appendix B

 to 40 CFR Part 75, the owner or operator shall recertify 

 the monitoring system in accordance with 40 CFR 75.20(b). 

 Furthermore, whenever the owner or operator makes a 

 replacement, modification, or change to the flue gas 

 handling system or the unit's operation that may 

 significantly change the stack flow or concentration 

 profile, the owner or operator shall recertify each 

 continuous emission monitoring system whose accuracy is 

 potentially affected by the change, in accordance with 40 

 CFR 75.20(b). Examples of changes to a continuous emission

 monitoring system that require recertification include: 

 replacement of the analyzer, complete replacement of an 

 existing continuous emission monitoring system, or change 

 in location or orientation of the sampling probe or site. 

 Any fuel flowmeter system under section 245-8.1(a)(1) is 

 subject to the recertification requirements in 40 CFR 

 75.20(g)(6). [245-8.2(d)(2)]

 5) Whenever any monitoring system fails to meet the 
 

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 Air Pollution Control Permit Conditions

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 quality-assurance and quality-control requirements or data

 validation requirements of 40 CFR Part 75, data shall be 

 substituted using the applicable missing data procedures 

 in Subpart D of or appendix D to 40 CFR Part 75. 

 [245-8.3(a)]

 6) The CAIR designated representative shall comply with 

 all recordkeeping and reporting requirements in section 

 245-8.3, the applicable recordkeeping and reporting 

 requirements in Subparts F and G of 40 CFR Part 75, and 

 the requirements of section 245-2.1(e)(1). 

 [245-8.5(a)]

 7) The owner or operator of a CAIR SO2 unit shall comply 

 with requirements of 40 CFR 75.62 for monitoring plans. 

 [245-8.5(b)]

 8) The CAIR designated representative shall submit an 

 application to the department within 45 days after 

 completing all initial certification or recertification 

 tests required under section 245-8.2, including the 

 information required under 40 CFR 75.63. [245-8.5(c) 

 ]

 9) The CAIR designated representative shall submit 

 quarterly reports of the SO2 mass emissions data and heat 

 input data for each CAIR SO2 unit, in an electronic 

 quarterly report in a format prescribed by the 

 Administrator, for each calendar quarter beginning with: 

 [245-8.5(d)(1)]

 i) the calendar quarter covering January 1, 2009 

 through March 31, 2009 for a unit that commences 

 commercial operation before July 1, 2008; or

 ii) for a unit that commences commercial operation on 

 or after July 1, 2008, the calendar quarter corresponding 

 to the earlier of the date of provisional certification or

 the applicable deadline for initial certification under 

 section 245-8.1(b), unless that quarter is the third or 

 fourth quarter of 2008, in which case reporting shall 

 commence in the quarter covering January 1, 2009 through 

 March 31, 2009.

 10) The CAIR designated representative shall submit each 

 quarterly report to the Administrator within 30 days 

 following the end of the calendar quarter covered by the 

 report. Quarterly reports shall be submitted in the manner

 specified in 40 CFR 75.64. [245-8.5(d)(2)]

 11) For CAIR SO2 units that are also subject to an Acid 

 Rain emissions limitation or the CAIR NOX Annual Trading 

 Program, CAIR NOX Ozone Season Trading Program, or the 

 Mercury Reduction Program for Coal-Fired Electric Utility 
 

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 Air Pollution Control Permit Conditions

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 Steam Generating Units (6 NYCRR Part 246), quarterly 

 reports shall include the applicable data and information 

 required by Subparts F through I of 40 CFR Part 75 as 

 applicable, in addition to the SO2 mass emission data, 

 heat input data, and other information required by this 

 Subpart. [245-8.5(d)(3)]

 12) The CAIR designated representative shall submit to 

 the Administrator a compliance certification (in a format 

 prescribed by the Administrator) in support of each 

 quarterly report based on reasonable inquiry of those 

 persons with primary responsibility for ensuring that all 

 of the unit's emissions are correctly and fully monitored.

 The certification shall state that: [245-8.5(e)]

 i) the monitoring data submitted were recorded in 

 accordance with the applicable requirements of this 

 Subpart and 40 CFR Part 75, including the quality 

 assurance procedures and specifications; and

 ii) for a unit with add-on SO2 emission controls and 

 for all hours where SO2 data are substituted in accordance

 with 40 CFR 75.34(a)(1), the add-on emission controls were

 operating within the range of parameters listed in the 

 quality assurance/quality control program under appendix B

 to 40 CFR Part 75 and the substitute data values do not 

 systematically underestimate SO2 emissions.

Monitoring Frequency: CONTINUOUS

Averaging Method: ANNUAL TOTAL

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 3 calendar month(s).

Condition 48: EPA Region 2 address.

 Effective for entire length of Permit

 Applicable Federal Requirement:40CFR 60.4, NSPS Subpart A

Item 48.1:

All requests, reports, applications, submittals, and other communications to the Administrator

pursuant to this part shall be submitted in duplicate to the following address:

 Director, Division of Enforcement and Compliance Assistance

 USEPA Region 2

 290 Broadway, 21st Floor

 New York, NY 10007-1886

Copies of all correspondence to the administrator pursuant to this part shall also be submitted to

the NYSDEC Regional Office issuing this permit (see address at the beginning of this permit)

and to the following address:

 NYSDEC

 Bureau of Quality Assurance
 

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 Air Pollution Control Permit Conditions

 Page 44 DRAFT

 625 Broadway

 Albany, NY 12233-3258

Condition 49: Date of construction notification - If a COM is not used.

 Effective for entire length of Permit

 Applicable Federal Requirement:40CFR 60.7(a), NSPS Subpart A

Item 49.1:

Any owner or operator subject to this part shall furnish the Administrator with the following

information:

1) a notification of the date construction or reconstruction commenced, post marked no later than

30 days after such date; 

3) a notification of the actual date of initial start up, post marked within 15 days after such date;

4) a notification of any physical or operational change to an existing facility which may increase

the emission rate of any air pollutant to which a standard applies, unless the change is

specifically exempted under this part. The notice shall be post marked 60 days or as soon as

practicable before the change is commenced and shall include information describing the precise

nature of the change, present and proposed emission control systems, productive capability of

the facility before and after the change, and the expected completion date of the change. The

Administrator may request additional information regarding the change;

5) a notification of the date upon which the demonstration of continuous monitoring system

performance commences, post marked not less than 30 days prior to such date;

6) a notification of the anticipated date for conducting the opacity observations, post marked not

less than 30 days prior to such date.

Condition 50: Recordkeeping requirements.

 Effective for entire length of Permit

 Applicable Federal Requirement:40CFR 60.7(b), NSPS Subpart A

Item 50.1:

Affected owners or operators shall maintain records of occurrence and duration of any startup,

shutdown, or malfunction in the operation of an affected facility; any malfunction of the air

pollution control equipment; or any periods during which a continuous monitoring system or

monitoring device is inoperative.

Condition 51: Facility files for subject sources.

 Effective for entire length of Permit

 Applicable Federal Requirement:40CFR 60.7(f), NSPS Subpart A

Item 51.1:

The following files shall be maintained at the facility for all affected sources: all measurements,

including continuous monitoring systems, monitoring device, and performance testing

measurements; all continuous monitoring system performance evaluations;all continuous
 

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 Air Pollution Control Permit Conditions

 Page 45 DRAFT

monitoring device calibration checks; adjustments and maintenance performed on these systems

or devices; and all other information required by this part, recorded in permanent form suitable

for inspections. The file shall be maintained for at least two years following the date of such

measurements, reports, and records.

Condition 52: Performance testing timeline.

 Effective for entire length of Permit

 Applicable Federal Requirement:40CFR 60.8(a), NSPS Subpart A

Item 52.1:

Within 60 days after achieving the maximum production rate, but not later than 180 days after

initial startup of the facility, the owner or operator of the facility shall conduct performance

testing and provide the results of such tests, in a written report, to the Administrator.

Condition 53: Performance test methods.

 Effective for entire length of Permit

 Applicable Federal Requirement:40CFR 60.8(b), NSPS Subpart A

Item 53.1:

Performance testing shall be conducted in accordance with the methods and procedures

prescribed in 40 CFR 60 or by alternative methods and procedures approved by the

Administrator.

Condition 54: Prior notice.

 Effective for entire length of Permit

 Applicable Federal Requirement:40CFR 60.8(d), NSPS Subpart A

Item 54.1:

The owner or operator shall provide the Administrator with prior notice of any performance test

at least 30 days in advance of testing.

Condition 55: Performance testing facilities.

 Effective for entire length of Permit

 Applicable Federal Requirement:40CFR 60.8(e), NSPS Subpart A

Item 55.1:

The following performance testing facilities shall be provided during all tests:

 1) sampling ports adequate for tests methods applicable to such facility;

 2) a safe sampling platform;

 3) a safe access to the sampling platform; and

 4) utilities for sampling and testing equipment.

Condition 56: Number of required tests.

 Effective for entire length of Permit
 

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 Air Pollution Control Permit Conditions

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 Applicable Federal Requirement:40CFR 60.8(f), NSPS Subpart A

Item 56.1:

Each performance test shall consist of three separate runs, at the specified duration required in

the applicable test method. Compliance with all applicable standards shall be determined by

using the arithmetic means of the results of the three runs.

Condition 57: Applicability

 Effective for entire length of Permit

 Applicable Federal Requirement:40CFR 60, NSPS Subpart IIII

Item 57.1:

This Condition applies to:

 Emission Unit: U00004

 Process: P04 Emission Source: EG001

 Emission Unit: U00005

 Process: P05 Emission Source: FP001

Item 57.2:

Facilities that have stationary compression ignition internal combustion engines must comply

with applicable portions of 40 CFR 60 Subpart IIII.

Condition 58: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:40CFR 60.4335, NSPS Subpart KKKK

Item 58.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001 Emission Point: EP001

 Emission Unit: U-00002 Emission Point: EP002

 Regulated Contaminant(s):

 CAS No: 0NY210-00-0 OXIDES OF NITROGEN

Item 58.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 As an alternative to continuously monitoring the water or

 steam to fuel ratio, the facility shall install, certify, 

 maintain, and operate a continuous emission monitoring 
 

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 Air Pollution Control Permit Conditions

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 system (CEMS) consisting of a NOx monitor and a diluents 

 gas (oxygen or carbon dioxide) monitor, to determine 

 hourly NOx emissions in parts per million (ppm).

Reference Test Method: EPA Approved

Monitoring Frequency: CONTINUOUS

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 6 calendar month(s).

Condition 59: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:40CFR 60.4375(a), NSPS Subpart

KKKK

Item 59.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001

 Emission Unit: U-00002

Item 59.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 For each affected unit required to continuously monitor 

 parameters or emissions, or to periodically determine the 

 fuel sulfur content, reports of excess emissions and 

 monitor downtime shall be submitted in accordance with 40 

 CFR 60.7(c). Excess emissions must be reported for all 

 periods of unit operation, including start-up, shutdown, 

 and malfunction.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 6 calendar month(s).

Condition 60: Facility Subject to Title IV Acid Rain Regulations and 

 Permitting

 Effective for entire length of Permit

 Applicable Federal Requirement:40 CFR Part 72

Item 60.1: This facility is subject to the Title IV Acid Rain Regulations found in 40 CFR

Parts 72, 73, 75, 76, 77 and 78. The Acid Rain Permit is an attachment to this permit.
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 48 DRAFT

 ** ** Emission Unit Level  

Condition 61: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 227-1.3 (a)

Item 61.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001

 Emission Unit: U-00002

 Emission Unit: U-00003

 Emission Unit: U-00004

 Emission Unit: U-00005

 Emission Unit: U-00006

Item 61.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 No owner or operator of a combustion installation shall 

 operate the installation in such a way to emit greater 

 than 20 percent opacity except for one six minute period 

 per hour, not to exceed 27 percent, based upon the six 

 minute average in reference test Method 9 in Appendix A of

 40 CFR 60.

Parameter Monitored: OPACITY

Upper Permit Limit: 20 percent

Reference Test Method: Method 9

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 6-MINUTE AVERAGE (METHOD 9)

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 6 calendar month(s).

Condition 62: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 227-1.3 (a)
 

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 Air Pollution Control Permit Conditions

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Item 62.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001 Emission Point: EP001

 Process: P3A Emission Source: CT001

 Emission Unit: U-00002 Emission Point: EP002

 Process: P03 Emission Source: CT002

Item 62.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 No person shall operate a stationary combustion 

 installation which exhibits greater than 20 percent 

 opacity (six minute average), except for one-six-minute 

 period per hour of not more than 27 percent opacity. 

 The Department reserves the right to perform or require 

 the performance of a Method 9 opacity evaluation at any 

 time during facility operation.

 The permittee will conduct observations of visible 

 emissions from the emission unit, process, etc. to which 

 this condition applies at the monitoring frequency stated 

 below while the process is in operation. The permittee 

 will investigate, in a timely manner, any instance where 

 there is cause to believe that visible emissions have the 

 potential to exceed the opacity standard. 

 The permittee shall investigate the cause, make any 

 necessary corrections, and verify that the excess visible 

 emissions problem has been corrected. If visible 

 emissions with the potential to exceed the standard 

 continue, the permittee will conduct a Method 9 assessment

 within the next operating day of the sources associated 

 with the potential noncompliance to determine the degree 

 of opacity and will notify the NYSDEC if the method 9 test

 indicates that the opacity standard is not met.

 Records of visible emissions observations (or any 

 follow-up method 9 tests), investigations and corrective 

 actions will be kept on-site. Should the Department 

 determine that permittee's record keeping format is 

 inadequate to demonstrate compliance with this condition, 

 it shall provide written notice to the permittee stating 

 the inadequacies, and permittee shall have 90 days to 

 revise its prospective record keeping format in a manner 

 acceptable to the Department.
 

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 Air Pollution Control Permit Conditions

 Page 50 DRAFT

Parameter Monitored: OPACITY

Upper Permit Limit: 20 percent

Reference Test Method: EPA Method 9

Monitoring Frequency: When firing distillate fuel oil

Averaging Method: 6-MINUTE AVERAGE (METHOD 9)

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 12 calendar month(s).

Condition 63: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:40CFR 60.43c(c), NSPS Subpart Dc

Item 63.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00003

Item 63.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 On and after the date on which the initial performance 

 test is completed or required to be completed under §60.8,

 whichever date comes first, no owner or operator of an 

 affected facility shall cause to be discharged into the 

 atmosphere from that affected facility any gases that 

 exhibit greater than 20 percent opacity (6-minute 

 average), except for one 6-minute period per hour of not 

 more than 27 percent opacity. The facility shall perfom a

 method 9 evaluation.

Parameter Monitored: OPACITY

Upper Permit Limit: 20 percent

Reference Test Method: Method 9

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: 6 MINUTE AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 64: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:40CFR 60.48c(a), NSPS Subpart Dc

Item 64.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00003

Item 64.2:
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 51 DRAFT

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner and operator of each affected facility shall 

 submit notification of the date of construction or 

 reconstruction, anticipated startup, and actual 

 startup,

 as provided by 40 CFR 60.7 of this part. This notification

 shall include:

 (1) The design heat input capacity of the affected 

 facility and identification of fuels to be combusted in 

 the affected facility.

 (2) If applicable, a copy of any Federally enforceable 

 requirement that limits the annual capacity factor for any

 fuel or mixture of fuels under 40 CFR 60.42c., or 40 CFR 

 60.43c.

 (3) The annual capacity factor at which the owner or 

 operator anticipates operating the affected facility based

 on all fuels fired and based on each individual fuel 

 fired.

Monitoring Frequency: SINGLE OCCURRENCE

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 65: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-5.4

Item 65.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00003

 Process: P3B

 Regulated Contaminant(s):

 CAS No: 0NY998-00-0 VOC

 CAS No: 0NY210-00-0 OXIDES OF NITROGEN

Item 65.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 Operation of the Auxiliary boiler is restricted to 2000 

 hours per year. Facility will maintain usage records and 

 fuel consumption.

Work Practice Type: HOURS PER YEAR OPERATION

Upper Permit Limit: 2000 hours
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

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Monitoring Frequency: DAILY

Averaging Method: 12-month total, rolled monthly

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 12 calendar month(s).

Condition 66: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-5.4

Item 66.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00003

 Process: P3B

 Regulated Contaminant(s):

 CAS No: 0NY998-00-0 VOC

Item 66.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 LAER is 0.0038 lb/mmBtu. Will be achieved using good 

 combustion controls. Emission testing to be performed 

 within 180 days of startup.

Upper Permit Limit: 0.0038 pounds per million Btus

Reference Test Method: Method 25A

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 67: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-5.4

Item 67.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00003

 Process: P3B

 Regulated Contaminant(s):

 CAS No: 0NY210-00-0 OXIDES OF NITROGEN

Item 67.2:

Compliance Demonstration shall include the following monitoring:
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 53 DRAFT

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 LAER is 0.0450 lb/mmBtu. Will be achieved using low NOx 

 burners and flue gas re circulation. Emission testing to 

 be performed within 180 days of startup.

Upper Permit Limit: 0.045 pounds per million Btus

Reference Test Method: Method 7E

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 68: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 68.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00003

 Process: P3B

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

 CAS No: 0NY075-00-5 PM-10

Item 68.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.0063 lb/mmBtu. Will be achieved using low 

 sulfur fuel. Emission testing to be performed within 180 

 days of startup.

Upper Permit Limit: 0.0063 pounds per million Btus

Reference Test Method: Method 201/201A and 202

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 69: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 69.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00003

 Process: P3B
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 54 DRAFT

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 69.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.0022 lb/mmBtu. Will be achieved using low 

 sulfur fuel. Emission testing to be performed within 180 

 days of startup.

Upper Permit Limit: 0.0022 pounds per million Btus

Reference Test Method: EPA approved methods

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 70: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 70.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00003

 Process: P3B

 Regulated Contaminant(s):

 CAS No: 007664-93-9 SULFURIC ACID

Item 70.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.0002 lb/mmBtu. Will be achieved using low 

 sulfur fuel. Emission testing to be performed within 180 

 days of startup.

Upper Permit Limit: 0.0002 pounds per million Btus

Reference Test Method: EPA approved methods

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 71: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

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Item 71.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00003

 Process: P3B

 Regulated Contaminant(s):

 CAS No: 000630-08-0 CARBON MONOXIDE

Item 71.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.0721 lb/mmBtu. Will be achieved using good 

 combustion controls. Emission testing to be performed 

 within 180 days of startup.

Upper Permit Limit: 0.0721 pounds per million Btus

Reference Test Method: Method 10

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 72: Alternative recordkeeping

 Effective for entire length of Permit

 Applicable Federal Requirement:40CFR 60.48c(g)(2), NSPS Subpart Dc

Item 72.1:

This Condition applies to Emission Unit: U-00003

 Process: P3B Emission Source:

AUX01

Item 72.2: As an alternative to meeting the requirements of 40 CFR

60.48c(g)(1), the owner or operator of an affected facility that combusts

only natural gas, wood, fuels using fuel certification in 40 CFR 60.48c(f)

to demonstrate compliance with the SO2standard, fuels not subject to

an emissions standard (excluding opacity), or a mixture of these fuels

may elect to record and maintain records of the amount of each fuel

combusted during each calendar month.

Condition 73: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-5.4

Item 73.1:

The Compliance Demonstration activity will be performed for:
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 56 DRAFT

 Emission Unit: U-00004

 Process: P04

 Regulated Contaminant(s):

 CAS No: 0NY998-00-0 VOC

Item 73.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 LAER is 0.0331 lb/mmBtu. Will be achieved using good 

 combustion controls. Emission testing to be performed 

 upon request of the Department.

Upper Permit Limit: 0.0331 pounds per million Btus

Reference Test Method: Method 25A

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 74: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-5.4

Item 74.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00004

 Process: P04

 Regulated Contaminant(s):

 CAS No: 0NY210-00-0 OXIDES OF NITROGEN

Item 74.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 LAER is 4.77 grams per brake horsepower-hour. Will be 

 achieved using good combustion controls. Emission testing

 to be performed upon request of the Department.

Upper Permit Limit: 4.77 grams per brake horsepower-hour

Reference Test Method: Method 7E

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 57 DRAFT

Condition 75: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 75.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00004

 Process: P04

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

 CAS No: 0NY075-00-5 PM-10

Item 75.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.03 g/hp-hr. Will be achieved using low sulfur 

 fuel. Emission testing to be performed at the request of 

 the Department..

Upper Permit Limit: 0.03 grams per brake horsepower-hour

Reference Test Method: Method 201/201A and 202

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 76: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 76.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00004

 Process: P04

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 76.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.0014 lb/mmBtu. Will be achieved using low 
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 58 DRAFT

 sulfur fuel. Emission testing to be performed at the 

 request of the Department..

Upper Permit Limit: 0.0014 pounds per million Btus

Reference Test Method: EPA approved methods

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 77: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 77.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00004

 Process: P04

 Regulated Contaminant(s):

 CAS No: 007664-93-9 SULFURIC ACID

Item 77.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.00003 lb/mmBtu. Will be achieved using low 

 sulfur fuel. Emission testing to be performed at the 

 request of the Department..

Upper Permit Limit: 0.00003 pounds per million Btus

Reference Test Method: EPA approved methods

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 78: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 78.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00004

 Process: P04

 Regulated Contaminant(s):
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 59 DRAFT

 CAS No: 000630-08-0 CARBON MONOXIDE

Item 78.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.45 g/hp-hr. Will be achieved using good 

 combustion controls. Emission testing to be performed at 

 the request of the Department..

Upper Permit Limit: 0.45 grams per brake horsepower-hour

Reference Test Method: Method 10

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 79: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-5.4

Item 79.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00005

 Process: P05

 Regulated Contaminant(s):

 CAS No: 0NY210-00-0 OXIDES OF NITROGEN

Item 79.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 LAER is 0.857 pounds per million Btus. Will be achieved 

 using good combustion controls. Emission testing to be 

 performed upon request of the Department.

Upper Permit Limit: 0.857 pounds per million Btus

Reference Test Method: Method 7E

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 80: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-5.4
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 60 DRAFT

Item 80.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00005

 Process: P05

 Regulated Contaminant(s):

 CAS No: 0NY998-00-0 VOC

Item 80.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 LAER is 0.3612 lb/mmBtu. Will be achieved using good 

 combustion controls. Emission testing to be performed 

 upon request of the Department.

Upper Permit Limit: 0.3612 pounds per million Btus

Reference Test Method: Method 25A

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 81: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 81.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00005

 Process: P05

 Regulated Contaminant(s):

 CAS No: 000630-08-0 CARBON MONOXIDE

Item 81.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.75 lbs/mmBtus.. Will be achieved using good 

 combustion controls. Emission testing to be performed at 

 the request of the Department..

Upper Permit Limit: 0.75 pounds per million Btus

Reference Test Method: Method 10

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 61 DRAFT

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 82: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 82.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00005

 Process: P05

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

 CAS No: 0NY075-00-5 PM-10

Item 82.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.043 lb/mmBtus.. Will be achieved using low 

 sulfur fuel. Emission testing to be performed at the 

 request of the Department..

Upper Permit Limit: 0.043 pounds per million Btus

Reference Test Method: Method 201/201A and 202

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 83: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 83.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00005

 Process: P05

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 83.2:

Compliance Demonstration shall include the following monitoring:
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 62 DRAFT

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.0014 lb/mmBtu. Will be achieved using low 

 sulfur fuel. Emission testing to be performed at the 

 request of the Department..

Upper Permit Limit: 0.0014 pounds per million Btus

Reference Test Method: EPA approved methods

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 84: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 84.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00005

 Process: P05

 Regulated Contaminant(s):

 CAS No: 007664-93-9 SULFURIC ACID

Item 84.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.00003 lb/mmBtu. Will be achieved using low 

 sulfur fuel. Emission testing to be performed at the 

 request of the Department..

Upper Permit Limit: 0.00003 pounds per million Btus

Reference Test Method: EPA approved methods

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 85: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-5.4

Item 85.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00006
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 63 DRAFT

 Process: P06

 Regulated Contaminant(s):

 CAS No: 0NY210-00-0 OXIDES OF NITROGEN

Item 85.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 LAER is 0.058 pounds per million Btus for each individual

 gas heater. Will be achieved using forced draft low NOx 

 Burner. Emission testing to be performed upon request of 

 the Department.

Upper Permit Limit: 0.058 pounds per million Btus

Reference Test Method: Method 7E

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 86: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-5.4

Item 86.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00006

 Process: P06

 Regulated Contaminant(s):

 CAS No: 0NY998-00-0 VOC

Item 86.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 LAER is 0.011 lb/mmBtu. Will be achieved using good 

 combustion controls. Emission testing to be performed 

 upon request of the Department.

Upper Permit Limit: 0.011 pounds per million Btus

Reference Test Method: Method 25A

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 64 DRAFT

Condition 87: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 87.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00006

 Process: P06

 Regulated Contaminant(s):

 CAS No: 007664-93-9 SULFURIC ACID

Item 87.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.0002 lb/mmBtu. Will be achieved using low 

 sulfur fuel. Emission testing to be performed at the 

 request of the Department..

Upper Permit Limit: 0.0002 pounds per million Btus

Reference Test Method: EPA approved methods

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 88: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 88.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00006

 Process: P06

 Regulated Contaminant(s):

 CAS No: 000630-08-0 CARBON MONOXIDE

Item 88.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.084 lbs/mmBtus.. Will be achieved using good 

 combustion controls. Emission testing to be performed at 

 the request of the Department..
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 65 DRAFT

Upper Permit Limit: 0.084 pounds per million Btus

Reference Test Method: Method 10

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 89: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 89.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00006

 Process: P06

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

 CAS No: 0NY075-00-5 PM-10

Item 89.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.0076 lb/mmBtus.. Will be achieved using low 

 sulfur fuel. Emission testing to be performed at the 

 request of the Department..

Upper Permit Limit: 0.0076 pounds per million Btus

Reference Test Method: Method 201/201A and 202

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 90: Compliance Demonstration

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 231-7.6

Item 90.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00006

 Process: P06

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 66 DRAFT

Item 90.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 BACT is 0.0022 lb/mmBtu. Will be achieved using low 

 sulfur fuel. Emission testing to be performed at the 

 request of the Department..

Upper Permit Limit: 0.0022 pounds per million Btus

Reference Test Method: EPA approved methods

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 67 DRAFT

 STATE ONLY ENFORCEABLE CONDITIONS

 ** ** Facility Level  

 NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS

This section contains terms and conditions which are not federally enforceable. Permittees

may also have other obligations under regulations of general applicability

Item A: Public Access to Recordkeeping for Facilities With State 

 Facility Permits - 6 NYCRR 201-1.10 (a)

 Where facility owners and/or operators keep records 

 pursuant to compliance with the requirements of 6 NYCRR 

 Subpart 201-5.4, and/or the emission capping requirements 

 of 6 NYCRR Subpart 201-7, the Department will make such 

 records available to the public upon request in accordance

 with 6 NYCRR Part 616 - Public Access to Records. 

 Facility owners and/or operators must submit the records 

 required to comply with the request within sixty working 

 days of written notification by the Department.

Item B: General Provisions for State Enforceable Permit Terms and

 Condition - 6 NYCRR Part 201-5

 Any person who owns and/or operates stationary sources 

 shall operate and maintain all emission units and any 

 required emission control devices in compliance with all 

 applicable Parts of this Chapter and existing laws, and 

 shall operate the facility in accordance with all 

 criteria, emission limits, terms, conditions, and 

 standards in this permit. Failure of such person to 

 properly operate and maintain the effectiveness of such 

 emission units and emission control devices may be 

 sufficient reason for the Department to revoke or deny a 

 permit.

 The owner or operator of the permitted facility must 

 maintain all required records on-site for a period of five

 years and make them available to representatives of the 

 Department upon request. Department representatives must 

 be granted access to any facility regulated by this 

 Subpart, during normal operating hours, for the purpose of

 determining compliance with this and any other state and 

 federal air pollution control requirements, regulations or

 law.

 STATE ONLY APPLICABLE REQUIREMENTS

 The following conditions are state only enforceable.

Condition 91: Contaminant List

 Effective for entire length of Permit
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 68 DRAFT

 Applicable State Requirement:ECL 19-0301

Item 91.1:

Emissions of the following contaminants are subject to contaminant specific requirements in this

permit(emission limits, control requirements or compliance monitoring conditions).

 CAS No: 000124-38-9

 Name: CARBON DIOXIDE

 CAS No: 000630-08-0

 Name: CARBON MONOXIDE

 CAS No: 007446-09-5

 Name: SULFUR DIOXIDE

 CAS No: 007664-41-7

 Name: AMMONIA

 CAS No: 007664-93-9

 Name: SULFURIC ACID

 CAS No: 0NY075-00-0

 Name: PARTICULATES

 CAS No: 0NY075-00-5

 Name: PM-10

 CAS No: 0NY075-02-5

 Name: PM 2.5

 CAS No: 0NY210-00-0

 Name: OXIDES OF NITROGEN

 CAS No: 0NY998-00-0

 Name: VOC

Condition 92: Unavoidable noncompliance and violations

 Effective for entire length of Permit

 Applicable State Requirement:6 NYCRR 201-1.4

Item 92.1:

At the discretion of the commissioner a violation of any applicable emission standard for

necessary scheduled equipment maintenance, start-up/shutdown conditions and malfunctions or

upsets may be excused if such violations are unavoidable. The following actions and

recordkeeping and reporting requirements must be adhered to in such circumstances.

(a) The facility owner and/or operator shall compile and maintain records of all

equipment maintenance or start-up/shutdown activities when they can be expected to result in an

exceedance of any applicable emission standard, and shall submit a report of such activities to

the commissioner's representative when requested to do so in writing or when so required by a
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 69 DRAFT

condition of a permit issued for the corresponding air contamination source except where

conditions elsewhere in this permit which contain more stringent reporting and notification

provisions for an applicable requirement, in which case they supercede those stated here. Such

reports shall describe why the violation was unavoidable and shall include the time, frequency

and duration of the maintenance and/or start-up/shutdown activities and the identification of air

contaminants, and the estimated emission rates. If a facility owner and/or operator is subject to

continuous stack monitoring and quarterly reporting requirements, he need not submit reports for

equipment maintenance or start-up/shutdown for the facility to the commissioner's

representative.

(b) In the event that emissions of air contaminants in excess of any emission standard

in 6 NYCRR Chapter III Subchapter A occur due to a malfunction, the facility owner and/or

operator shall report such malfunction by telephone to the commissioner's representative as soon

as possible during normal working hours, but in any event not later than two working days after

becoming aware that the malfunction occurred. Within 30 days thereafter, when requested in

writing by the commissioner's representative, the facility owner and/or operator shall submit a

written report to the commissioner's representative describing the malfunction, the corrective

action taken, identification of air contaminants, and an estimate of the emission rates. These

reporting requirements are superceded by conditions elsewhere in this permit which contain

reporting and notification provisions for applicable requirements more stringent than those

above.

(c) The Department may also require the owner and/or operator to include in reports

described under (a) and (b) above an estimate of the maximum ground level concentration of

each air contaminant emitted and the effect of such emissions depending on the deviation of the

malfunction and the air contaminants emitted.

(d) In the event of maintenance, start-up/shutdown or malfunction conditions which

result in emissions exceeding any applicable emission standard, the facility owner and/or

operator shall take appropriate action to prevent emissions which will result in contravention of

any applicable ambient air quality standard. Reasonably available control technology, as

determined by the commissioner, shall be applied during any maintenance, start-up/shutdown or

malfunction condition subject to this paragraph.

(e) In order to have a violation of a federal regulation (such as a new source performance

standard or national emissions standard for hazardous air pollutants) excused, the specific

federal regulation must provide for an affirmative defense during start-up, shutdowns,

malfunctions or upsets.

Condition 93: Emission Unit Definition

 Effective for entire length of Permit

 Applicable State Requirement:6 NYCRR Subpart 201-5

Item 93.1:

The facility is authorized to perform regulated processes under this permit for:

 Emission Unit: U-00001 

 Emission Unit Description: 

 ONE F CLASS COMBUSTION TURBINE RATED AT 

 1998 MMBTU/HR AT 51 DEGREES F (2234 

 MMBTU/HR AT -5 DEGREES F) ON NATURAL GAS 

 AND 2145 MMBTU/HR AT -5 DEGREES F ON FUEL 
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 70 DRAFT

 OIL (,0.0015% SULFUR). THE TURBINE IS 

 EQUIPPED WITH DRY LOW-NOX COMBUSTORS, STEAM

 INJECTION, SCR AND OXIDATION CATALYST 

 EMISSION CONTROLS. THIS EMISSION UNIT ALSO

 CONTAINS A NATURAL GAS-FIRED DUCT BURNER 

 RATED AT A MAXIMUM CAPACITY OF 500 

 MMBTU/HR.

 Building(s): ACC01

 GEN01

 HRSG01

Item 93.2:

The facility is authorized to perform regulated processes under this permit for:

 Emission Unit: U-00002 

 Emission Unit Description: 

 ONE CLASS-F COMBUSTION TURBINE RATED AT 

 1998 MMBTU/HR AT 51 DEGREES F (2234 

 MMBTU/HR AT -5 DEGREES F) ON NATURAL GAS 

 AND 2145 MMBTU/HR AT -5 DEGREES F ON FUEL 

 OIL (,0.0015% SULFUR). THE TURBINE IS 

 EQUIPPED WITH DRY LOW-NOX COMBUSTORS, STEAM

 INJECTION, SCR AND OXIDATION CATALYST 

 EMISSION CONTROLS. THIS EMISSION UNIT ALSO

 CONTAINS A NATURAL GAS-FIRED DUCT BURNER 

 RATED AT A MAXIMUM CAPACITY OF 500 

 MMBTU/HR.

 Building(s): ACC02

 GEN02

 HRSG02

Item 93.3:

The facility is authorized to perform regulated processes under this permit for:

 Emission Unit: U-00003 

 Emission Unit Description: 

 ONE 73.5 MMBTU/HR AUXILIARY BOILER THAT 

 WILL FIRE NATURAL GAS EXCLUSIVELY. THE 

 BOILER HOURS WILL BE LIMITED TO 2000 HOURS 

 PER YEAR. THE BOILER WILL OPERATE 

 PRIMARILY TO ASSIST WITH STARTUPS AND 

 SHUTDOWNS OF THE TURBINES.

 Building(s): GEN01

Item 93.4:

The facility is authorized to perform regulated processes under this permit for:

 Emission Unit: U-00004 

 Emission Unit Description: 

 Emergency Diesel Generator operating less than 500 hours 

 per year.
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 71 DRAFT

Item 93.5:

The facility is authorized to perform regulated processes under this permit for:

 Emission Unit: U-00005 

 Emission Unit Description: 

 Emergency Fire water Pump

Item 93.6:

The facility is authorized to perform regulated processes under this permit for:

 Emission Unit: U-00006 

 Emission Unit Description: 

 Two Fuel Gas Heaters

Condition 94: Visible Emissions Limited

 Effective for entire length of Permit

 Applicable State Requirement:6 NYCRR 211.2

Item 94.1:

Except as permitted by a specific part of this Subchapter and for open fires for which a restricted

burning permit has been issued, no person shall cause or allow any air contamination source to

emit any material having an opacity equal to or greater than 20 percent (six minute average)

except for one continuous six-minute period per hour of not more than 57 percent opacity.

Condition 95: CO2 Budget Trading Program - Excess emission requirements

 Effective for entire length of Permit

 Applicable State Requirement:6 NYCRR 242-1.5

Item 95.1:

The owners and operators of a CO2 budget source that has excess emissions in any control

period shall:

(1) forfeit the CO2 allowances required for deduction under 6 NYCRR Part 242-6.5(d)(1),

provided CO2 offset allowances may not be used to cover any part of such excess emissions; and

(2) pay any fine, penalty, or assessment or comply with any other remedy imposed under 6

NYCRR Part 242-6.5(d)(2).

Condition 96: Compliance Demonstration

 Effective for entire length of Permit

 Applicable State Requirement:6 NYCRR 242-1.5

Item 96.1:

The Compliance Demonstration activity will be performed for the Facility.

Item 96.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owners and operators and, to the extent applicable, 

 the CO2 authorized account representative of each CO2 

 budget source and each CO2 budget unit at the source shall
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 72 DRAFT

 comply with the monitoring requirements of Subpart 242-8. 

 The emissions measurements recorded and reported in 

 accordance with Subpart 242-8 of this Part shall be used 

 to determine compliance by the unit with the following CO2

 requirements:

 (1) The owners and operators of each CO2 budget source and

 each CO2 budget unit at the source shall hold CO2 

 allowances available for compliance deductions under 

 Section 242-6.5, as of the CO2 allowance transfer 

 deadline, in the source's compliance account in an amount 

 not less than the total CO2 emissions for the control 

 period from all CO2 budget units at the source, as 

 determined in accordance with Subparts 242-6 and 

 242-8.

 (2) Each ton of CO2 emitted in excess of the CO2 budget 

 emissions limitation shall constitute a separate violation

 of this Part and applicable state law.

 (3) A CO2 budget unit shall be subject to the requirements

 specified in item 1 starting on the later, of January 1, 

 2009 or the date on which the unit commences 

 operation.

 (4) CO2 allowances shall be held in, deducted from, or 

 transferred among CO2 Allowance Tracking System accounts 

 in accordance with Subparts 242-5, 242-6, and 242-7, and 

 Section 242-10.7.

 (5) A CO2 allowance shall not be deducted, in order to 

 comply with the requirements specified in item 1, for a 

 control period that ends prior to the allocation year for 

 which the CO2 allowance was allocated. A CO2 offset 

 allowance shall not be deducted, in order to comply with 

 the requirements under item 1, beyond the applicable 

 percent limitations set out in 6NYCRR Part 

 242-6.5(a)(3).

 (6) A CO2 allowance under the CO2 Budget Trading Program 

 is a limited authorization by the Department or a 

 participating state to emit one ton of CO2 in accordance 

 with the CO2 Budget Trading Program. No provision of the 

 CO2 Budget Trading Program, the CO2 budget permit 

 application, or the CO2 budget permit or any provision of 

 law shall be construed to limit the authority of the 

 Department or a participating state to terminate or limit 

 such authorization.

 (7) A CO2 allowance under the CO2 Budget Trading Program 

 does not constitute a property right.
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 73 DRAFT

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 6 calendar month(s).

Condition 97: Compliance Demonstration

 Effective for entire length of Permit

 Applicable State Requirement:6 NYCRR 242-1.5

Item 97.1:

The Compliance Demonstration activity will be performed for the Facility.

Item 97.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owners and operators of the CO2 budget source and 

 each CO2 budget unit at the source shall keep on site at 

 the source each of the following documents for a period of

 10 years from the date the document is created. This 

 period may be extended for cause, at any time prior to the

 end of 10 years, in writing by the department.

 (i) The account certificate of representation for the CO2 

 authorized account representative for the source and each 

 CO2 budget unit at the source and all documents that 

 demonstrate the truth of the statements in the account 

 certificate of representation, in accordance with 6 NYCRR 

 Part 242-2.4, provided that the certificate and documents 

 shall be retained on site at the source beyond such 

 10-year period until such documents are superseded because

 of the submission of a new account certificate of 

 representation.

 (ii) All emissions monitoring information, in accordance 

 with Subpart 242-8 and 40 CFR 75.57.

 (iii) Copies of all reports, compliance certifications, 

 and other submissions and all records made or required 

 under the CO2 Budget Trading Program.

 (iv) Copies of all documents used to complete a CO2 budget

 permit application and any other submission under the CO2 

 Budget Trading Program or to demonstrate compliance with 

 the requirements of the CO2 Budget Trading Program.

 The CO2 authorized account representative of a CO2 budget 

 source and each CO2 budget unit at the source shall submit

 the reports and compliance certifications required under 
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 74 DRAFT

 the CO2 Budget Trading Program, including those under 

 Subpart 242-4.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 6 calendar month(s).

 ** ** Emission Unit Level ****

Condition 98: Emission Point Definition By Emission Unit

 Effective for entire length of Permit

 Applicable State Requirement:6 NYCRR Subpart 201-5

Item 98.1:

The following emission points are included in this permit for the cited Emission Unit:

 Emission Unit: U-00001

 Emission Point: EP001 

 Height (ft.): 275 Diameter (in.): 228

 NYTMN (km.): 4584.693 NYTME (km.): 546.98

Item 98.2:

The following emission points are included in this permit for the cited Emission Unit:

 Emission Unit: U-00002

 Emission Point: EP002 

 Height (ft.): 275 Diameter (in.): 228

 NYTMN (km.): 4584.655 NYTME (km.): 546.991

Item 98.3:

The following emission points are included in this permit for the cited Emission Unit:

 Emission Unit: U-00003

 Emission Point: EP003 

 Height (ft.): 275 Diameter (in.): 228

 NYTMN (km.): 4584.655 NYTME (km.): 546.991

Item 98.4:

The following emission points are included in this permit for the cited Emission Unit:

 Emission Unit: U-00004

 Emission Point: EP004 

 Height (ft.): 50 Diameter (in.): 18
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 75 DRAFT

 NYTMN (km.): 4584.651 NYTME (km.): 547.129

Item 98.5:

The following emission points are included in this permit for the cited Emission Unit:

 Emission Unit: U-00005

 Emission Point: EP006 

 Height (ft.): 50 Diameter (in.): 6

 NYTMN (km.): 4584.669 NYTME (km.): 546.815

Item 98.6:

The following emission points are included in this permit for the cited Emission Unit:

 Emission Unit: U-00006

 Emission Point: EP005 

 Height (ft.): 125 Diameter (in.): 24

 NYTMN (km.): 4584.58 NYTME (km.): 546.958

Condition 99: Process Definition By Emission Unit

 Effective for entire length of Permit

 Applicable State Requirement:6 NYCRR Subpart 201-5

Item 99.1:

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-00001

 Process: P1A Source Classification Code: 2-01-002-01

 Process Description: 

 REPRESENTS NATURAL GAS FIRING IN THE 

 CLASS-F COMBUSTION TURBINE, WHICH IS RATED 

 AT 2,234 mmBTU/hr AT -5 DEGREES F (MAXIMUM 

 HEAT INPUT SCENARIO). DRY LOW-NOX 

 COMBUSTION TECHNOLOGY, SELECTIVE CATALYTIC 

 REDUCTION (SCR) AND OXIDATION CATALYST WILL

 BE USED TO MINIMIZE EMISSIONS OF NOX, CO, 

 AND VOC. THE QUANTITY PER HOUR THROUGHPUT 

 LISTED BELOW REPRESENTS THE MAXIMUM FIRING 

 RATE (2,234 MMBtu/hr AT -5 DEGREES F) AND 

 THE QUANTITY PER YEAR THROUGHPUT REPRESENTS

 THE TURBINE AT THE FIRING RATE AT THE 

 ANNUAL AVERAGE AMBIENT TEMPERATURE OF 51 

 DEGREES F (1,998 MMBtu/hr). NATURAL GAS 

 HIGHER HEATING VALUE IS ASSUMED TO BE 1,048

 BTU/CUBIC FOOT.

 Emission Source/Control: CT001 - Combustion 

 Design Capacity: 2,234 million Btu per hour

 Emission Source/Control: DLN01 - Control 
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 76 DRAFT

 Control Type: DRY LOW NOx BURNER

 Emission Source/Control: OXY01 - Control 

 Control Type: CATALYTIC OXIDATION

 Emission Source/Control: SCR01 - Control 

 Control Type: SELECTIVE CATALYTIC REDUCTION (SCR)

Item 99.2:

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-00001

 Process: P2A Source Classification Code: 2-01-002-01

 Process Description: 

 REPRESENTS COMBINED NATURAL GAS FIRING IN 

 THE CLASS-F COMBUSTION TURBINE, WHICH IS 

 RATED AT 2,234 mmBTU/hr AT -5 DEGREES F 

 (MAXIMUM HEAT INPUT SCENARIO) AND NATURAL 

 GAS FIRING IN THE DUCT BURNER, WHICH IS 

 RATED AT 500 mmBTU/hr. DRY LOW-NOX 

 COMBUSTION TECHNOLOGY, SELECTIVE CATALYTIC 

 REDUCTION (SCR) AND OXIDATION CATALYST WILL

 BE USED TO MINIMIZE EMISSIONS OF NOX, CO, 

 AND VOC. THE QUANTITY PER HOUR THROUGHPUT 

 LISTED BELOW REPRESENTS THE MAXIMUM FIRING 

 RATE (2,234 MMBtu/hr AT -5 DEGREES F) OF 

 THE TURBINE PLUS THE DUCT BURNER AT RATED 

 CAPACITY (500 mmBTU/hr) AND THE QUANTITY 

 PER YEAR THROUGHPUT REPRESENTS 8,760 HOURS 

 OF NATURAL GAS FIRING IN THE TURBINE AT THE

 ANNUAL AVERAGE AMBIENT TEMPERATURE OF 51 

 DEGREES F (1,998 MMBtu/hr). NATURAL GAS 

 HIGHER HEATING VALUE IS ASSUMED TO BE 1,048

 BTU/CUBIC FOOT.

 Emission Source/Control: CT001 - Combustion 

 Design Capacity: 2,234 million Btu per hour

 Emission Source/Control: DB001 - Combustion 

 Design Capacity: 500 million Btu per hour

 Emission Source/Control: DLN01 - Control 

 Control Type: DRY LOW NOx BURNER

 Emission Source/Control: OXY01 - Control 

 Control Type: CATALYTIC OXIDATION

 Emission Source/Control: SCR01 - Control 

 Control Type: SELECTIVE CATALYTIC REDUCTION (SCR)

Item 99.3:

This permit authorizes the following regulated processes for the cited Emission Unit:
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 77 DRAFT

 Emission Unit: U-00001

 Process: P3A Source Classification Code: 2-01-001-01

 Process Description: 

 REPRESENTS FUEL OIL FIRING IN THE CLASS-F 

 COMBUSTION TURBINE, WHICH IS RATED AT 2,145

 mmBTU/hr AT -5 DEGREES F (MAXIMUM HEAT 

 INPUT SCENARIO). DRY LOW-NOX COMBUSTION 

 TECHNOLOGY, STEAM OR WATER INJECTION, 

 SELECTIVE CATALYTIC REDUCTION (SCR) AND 

 OXIDATION CATALYST WILL BE USED TO MINIMIZE

 EMISSIONS OF NOX, CO, AND VOC. THE 

 QUANTITY PER HOUR THROUGHPUT LISTED BELOW 

 REPRESENTS THE MAXIMUM FIRING RATE (2,145 

 MMBtu/hr AT -5 DEGREES F) AND THE QUANTITY 

 PER YEAR THROUGHPUT REPRESENTS 720 HOURS OF

 FUEL OIL FIRING AT THE FIRING RATE AT -5 

 DEGREES F AMBIENT TEMPERATURE. FUEL OIL 

 HIGHER HEATING VALUE IS ASSUMED TO BE 

 139,728 BTU/GALLON.

 Emission Source/Control: CT001 - Combustion 

 Design Capacity: 2,234 million Btu per hour

 Emission Source/Control: DLN01 - Control 

 Control Type: DRY LOW NOx BURNER

 Emission Source/Control: OXY01 - Control 

 Control Type: CATALYTIC OXIDATION

 Emission Source/Control: SCR01 - Control 

 Control Type: SELECTIVE CATALYTIC REDUCTION (SCR)

 Emission Source/Control: ST101 - Control 

 Control Type: STEAM OR WATER INJECTION

Item 99.4:

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-00002

 Process: P01 Source Classification Code: 2-01-002-01

 Process Description: 

 REPRESENTS NATURAL GAS FIRING IN THE 

 CLASS-F COMBUSTION TURBINE, WHICH IS RATED 

 AT 2,234 mmBTU/hr AT -5 DEGREES F (MAXIMUM 

 HEAT INPUT SCENARIO). DRY LOW-NOX 

 COMBUSTION TECHNOLOGY, SELECTIVE CATALYTIC 

 REDUCTION (SCR) AND OXIDATION CATALYST WILL

 BE USED TO MINIMIZE EMISSIONS OF NOX, CO, 

 AND VOC. THE QUANTITY PER HOUR THROUGHPUT 

 LISTED BELOW REPRESENTS THE MAXIMUM FIRING 

 RATE (2,234 MMBtu/hr AT -5 DEGREES F) AND 
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 78 DRAFT

 THE QUANTITY PER YEAR THROUGHPUT REPRESENTS

 THE TURBINE AT THE FIRING RATE AT THE 

 ANNUAL AVERAGE AMBIENT TEMPERATURE OF 51 

 DEGREES F (1,998 MMBtu/hr). NATURAL GAS 

 HIGHER HEATING VALUE IS ASSUMED TO BE 1,048

 BTU/CUBIC FOOT.

 Emission Source/Control: CT002 - Combustion 

 Design Capacity: 2,234 million Btu per hour

 Emission Source/Control: DLN02 - Control 

 Control Type: DRY LOW NOx BURNER

 Emission Source/Control: OXY02 - Control 

 Control Type: CATALYTIC OXIDATION

 Emission Source/Control: SCR02 - Control 

 Control Type: SELECTIVE CATALYTIC REDUCTION (SCR)

Item 99.5:

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-00002

 Process: P02 Source Classification Code: 2-01-002-01

 Process Description: 

 REPRESENTS COMBINED NATURAL GAS FIRING IN 

 THE CLASS-F COMBUSTION TURBINE, WHICH IS 

 RATED AT 2,234 mmBTU/hr AT -5 DEGREES F 

 (MAXIMUM HEAT INPUT SCENARIO) AND NATURAL 

 GAS FIRING IN THE DUCT BURNER, WHICH IS 

 RATED AT 500 mmBTU/hr. DRY LOW-NOX 

 COMBUSTION TECHNOLOGY, SELECTIVE CATALYTIC 

 REDUCTION (SCR) AND OXIDATION CATALYST WILL

 BE USED TO MINIMIZE EMISSIONS OF NOX, CO, 

 AND VOC. THE QUANTITY PER HOUR THROUGHPUT 

 LISTED BELOW REPRESENTS THE MAXIMUM FIRING 

 RATE (2,234 MMBtu/hr AT -5 DEGREES F) OF 

 THE TURBINE PLUS THE DUCT BURNER AT RATED 

 CAPACITY (500 mmBTU/hr) AND THE QUANTITY 

 PER YEAR THROUGHPUT REPRESENTS 8,760 HOURS 

 OF NATURAL GAS FIRING IN THE TURBINE AT THE

 ANNUAL AVERAGE AMBIENT TEMPERATURE OF 51 

 DEGREES F (1,998 MMBtu/hr). NATURAL GAS 

 HIGHER HEATING VALUE IS ASSUMED TO BE 1,048

 BTU/CUBIC FOOT.

 Emission Source/Control: CT002 - Combustion 

 Design Capacity: 2,234 million Btu per hour

 Emission Source/Control: DB002 - Combustion 

 Design Capacity: 500 million Btu per hour
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 79 DRAFT

 Emission Source/Control: DLN02 - Control 

 Control Type: DRY LOW NOx BURNER

 Emission Source/Control: OXY02 - Control 

 Control Type: CATALYTIC OXIDATION

 Emission Source/Control: SCR02 - Control 

 Control Type: SELECTIVE CATALYTIC REDUCTION (SCR)

Item 99.6:

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-00002

 Process: P03 Source Classification Code: 2-01-001-01

 Process Description: 

 REPRESENTS FUEL OIL FIRING IN THE CLASS-F 

 COMBUSTION TURBINE, WHICH IS RATED AT 2,145

 mmBTU/hr AT -5 DEGREES F (MAXIMUM HEAT 

 INPUT SCENARIO). DRY LOW-NOX COMBUSTION 

 TECHNOLOGY, STEAM OR WATER INJECTION, 

 SELECTIVE CATALYTIC REDUCTION (SCR) AND 

 OXIDATION CATALYST WILL BE USED TO MINIMIZE

 EMISSIONS OF NOX, CO, AND VOC. THE 

 QUANTITY PER HOUR THROUGHPUT LISTED BELOW 

 REPRESENTS THE MAXIMUM FIRING RATE (2,145 

 MMBtu/hr AT -5 DEGREES F) AND THE QUANTITY 

 PER YEAR THROUGHPUT REPRESENTS 720 HOURS OF

 FUEL OIL FIRING AT THE FIRING RATE AT -5 

 DEGREES F AMBIENT TEMPERATURE. FUEL OIL 

 HIGHER HEATING VALUE IS ASSUMED TO BE 

 139,728 BTU/GALLON.

 Emission Source/Control: CT002 - Combustion 

 Design Capacity: 2,234 million Btu per hour

 Emission Source/Control: DLN02 - Control 

 Control Type: DRY LOW NOx BURNER

 Emission Source/Control: OXY02 - Control 

 Control Type: CATALYTIC OXIDATION

 Emission Source/Control: SCR02 - Control 

 Control Type: SELECTIVE CATALYTIC REDUCTION (SCR)

 Emission Source/Control: ST102 - Control 

 Control Type: STEAM OR WATER INJECTION

Item 99.7:

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-00003

 Process: P3B Source Classification Code: 1-02-006-02
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 80 DRAFT

 Process Description: 

 REPRESENTS NATURAL GAS FIRING IN THE 

 AUXILIARY BOILER, WHICH IS RATED AT 73.5 

 MMBTU/HR. TOTAL NATURAL GAS USAGE WILL NOT

 EXCEED 2,000 FULL LOAD BOILER HOURS PER 

 YEAR. NATURAL GAS HIGHER HEATING VALUE IS 

 ASSUMED TO BE 1,048 BTU/CUBIC FOOT

 Emission Source/Control: AUX01 - Combustion 

 Design Capacity: 73.5 million Btu per hour

 Emission Source/Control: FGR01 - Control 

 Control Type: FLUE GAS RECIRCULATION

 Emission Source/Control: LNB01 - Control 

 Control Type: LOW NOx BURNER

Item 99.8:

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-00004

 Process: P04

 Process Description: Emergency generator firing diesel fuel

 Emission Source/Control: EG001 - Combustion 

 Design Capacity: 15.43 million BTUs per hour

Item 99.9:

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-00005

 Process: P05

 Process Description: Fire pump firing diesel fuel.

 Emission Source/Control: FP001 - Combustion 

 Design Capacity: 2.27 million Btu per hour

Item 99.10:

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-00006

 Process: P06

 Process Description: gas heater operating on natural gas

 Emission Source/Control: FGH01 - Combustion 

 Design Capacity: 5.02 million Btu per hour

 Emission Source/Control: FHG02 - Combustion 

 Design Capacity: 5.02 million Btu per hour

Condition 100: Compliance Demonstration

 Effective for entire length of Permit
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 81 DRAFT

 Applicable State Requirement:6 NYCRR 251.3 (a)

Item 100.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-00001 Emission Point: EP001

 Emission Unit: U-00002 Emission Point: EP002

 Regulated Contaminant(s):

 CAS No: 000124-38-9 CARBON DIOXIDE

Item 100.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 Owners or operators of boilers that are permitted to fire

 greater than 70 percent fossil fuel, combined cycle 

 combustion turbines, or stationary internal combustion 

 engines that fire only gaseous fuel, except for those 

 emission sources directly attached to a gasifier, are 

 required to meet an emission rate of 925 pounds of CO2 

 per MW hour gross electrical output (output-based limit). 

 These emission limits are measured on a 12-month rolling 

 average basis, calculated by dividing the annual total of 

 CO2 emissions over the relevant 12-month period by the 

 annual total (gross) MW generated (output-based limit). 

 The owner or operator must maintain all records associated

 with these requirements on site or at a location 

 acceptable to the Department for a minimum of five years.

Manufacturer Name/Model Number: CO2 Continous Monitor

Parameter Monitored: CARBON DIOXIDE

Upper Permit Limit: 925 pounds per megawatt hour

Monitoring Frequency: CONTINUOUS

Averaging Method: 12 MONTH AVERAGE - ROLLED MONTHLY

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

Subsequent reports are due every 3 calendar month(s).
 

Permit ID: 3-3356-00136/00001 Facility DEC ID: 3335600136

 Air Pollution Control Permit Conditions

 Page 82 DRAFT
Appendix 3B

CPV Valley Air Quality Permitting Addendum
CPV Valley Energy Center

630 MW Combined Cycle Facility

PSD and Part 201 Air Permit Application

Supplement

Prepared for:

CPV Valley, LLC

Prepared by:

TRC Environmental Corporation

Wannalancit Mills

650 Suffolk Street

Lowell, Massachusetts 01854

January 2012
TABLE OF CONTENTS

Section Page

1.7 Introduction.............................................................................................................. 1-11

3.12 Proposed Equations for PM-2.5 Emissions Tracking..............................................3-24

4.10 Greenhouse Gas BACT Analysis ..............................................................................4-32

4.11 BACT/LAER Update................................................................................................4-39

5.7 Supplemental Modeling Analyses for New NAAQS and PSD Increments ..............5-26

LIST OF APPENDICES

Appendix A1: NYSDEC Supplemental Application Forms

A1.1 PM-2.5 Emissions Tracking

A1.2 The Anciliary Equipment

Appendix G1: Air Quality Modeling Protocol (Supplements 1 and 2)

G1.1 NYSDEC Comments on the Protocol Supplements

G1.2 Responses to NYSDEC Comments

Appendix H1: Multi-Source NOx Emission Inventory

LIST OF TABLES

Table 4-1: Summary of Proposed BACT/LAER – Combustion Turbine/Duct Burner

Table 4-2: Summary of Proposed BACT/LAER – Auxiliary Boiler

Table 4-3 Summary of Proposed BACT/LAER – Fuel Gas Heater

Table 4-4 Summary of Proposed BACT/LAER – Emergency Diesel Fire Pump

Table 4-5 Summary of Proposed BACT/LAER – Emergency Diesel Generator

Table 5-14 Multi-Source NOx Emission Inventory

Table 5-15 Maximum Project 1-Hour SO2 Impacts

Table 5-16 Maximum Project 1-Hour NOx Impacts

Table 5-17 Maximum Project 24-Hour PM-2.5 Impacts

Table 5-18 Maximum Project PM-2.5 PSD Increment Impacts

Table 5-19 Cumulative 1-Hour Average NO2 Modeling Results for the Initial Receptor

Table 5-20 Cumulative 1-Hour Average NO2 Modeling Results for the Refined Receptor Grid
January 2012 Supplement 1-11 CPV Valley Energy Center

CPV VALLEY, LLC

CPV VALLEY ENERGY CENTER

PSD AND PART 201 AIR PERMIT APPLICATION SUPPLEMENT

INTRODUCTION

1.7 Introduction

This document is a Supplement to the November 2008 “PSD and Part 201 Air Permit

Application” for a nominal 630-megawatt (MW) combined cycle electric generating facility 

known as the CPV Valley Energy Center (the Project or the Facility) located in the Town of 

Wawayanda, Orange County, New York. The Supplement is being submitted to the New York 

State Department of Environmental Conservation (NYSDEC) to satisfy the latest regulatory 

requirements for Prevention of Significant Deterioration (PSD) and Part 201 air permits under 

Title 6 of the New York Codes, Rules and Regulations (6 NYCRR).

As a stand-alone document, this Supplement is comprised of the Sections and Appendices that 

are listed below. However, the Sections and Appendices of this Supplement are also numbered 

for possible insertion into the corresponding Sections and Appendices of the November 2008 

Application.

Section 1.7: Introduction

Section 3.12: Proposed Equations for PM-2.5 Emissions Tracking

Section 4.10: Greenhouse Gas BACT Analysis

Section 4.11: BACT/LAER Update

Section 5.7: Supplemental Modeling Analyses for New NAAQS and PSD Increments

Appendix A1: NYSDEC Supplemental Application Forms

A1.1 PM-2.5 Emissions Tracking

A1.2 The Anciliary Equipment

Appendix G1: Air Quality Modeling Protocol (Supplements 1 and 2)

G1.1 NYSDEC Comments on the Protocol Supplements

G1.2 Responses to NYSDEC Comments

Appendix H1: Multi-Source NOx Emission Inventory
January 2012 Supplement 3-24 CPV Valley Energy Center

CPV VALLEY, LLC

CPV VALLEY ENERGY CENTER

PROPOSED EQUATIONS FOR TRACKING PM-2.5 EMISSIONS

3.12 Proposed Equations for Tracking PM-2.5 Emissions

Monthly facility-wide emissions of PM-2.5 will be calculated as the sum of monthly PM-2.5 

emissions from individual emission units or source groups. Emissions will be calculated based 

on heat input (or, equivalently, from fuel use) and emission factors as described below. Annual 

facility-wide emissions will then be determined at the end of each month on a rolling 12-month 

basis in order to demonstrate compliance with the 95 ton per year cap.

The source groups included in the emissions cap along with their associated source indices and 

PM-2.5 emission factors, as used in subsequent equations, are listed in the following table. The 

table also lists, for each source group, the parameter that will be monitored and the monitoring 

frequency. Continuous monitoring of heat input to the combustion turbines, auxiliary boiler 

and gas heater(s) will be provided by a digital data acquisition system (DAS).

Emission Units 

or Category

Operating 

Load Fuel

Source 

Group 

(i)

Emission 

Factor

(lb/mmBtu)

Parameter 

Monitored

Monitoring 

Frequency

Combustion 

Turbines Only 

(no duct firing)

≥ 80% Gas 1 0.0056 Heat Input Continuous 

(DAS)

Combustion 

Turbines Only 

(no duct firing)

< 80% Gas 2 0.0073 Heat Input Continuous 

(DAS)

Combustion 

Turbines + Duct 

Firing

≥ 80% Gas 3 0.0064 Heat Input Continuous 

(DAS)

Combustion 

Turbines Only ≥ 85% Oil 4 0.00247 Heat Input Continuous (DAS)

Combustion 

Turbines Only < 85% Oil 5 0.0368 Heat Input Continuous (DAS)

Auxiliary Boiler All Gas 6 0.0063 Heat Input Continuous 

(DAS)

Gas Heater(s) All Gas 7 0.0076 Heat Input Continuous 

(DAS)

Emergency 

Diesel Generator All Oil 8 0.0091 Fuel Use Weekly

Emergency Fire 

Pump All Oil 9 0.0429 Fuel Use Weekly
January 2012 Supplement 3-25 CPV Valley Energy Center

The proposed emission factors are based on information presented in the air permit application. 

For the combustion turbines, the proposed emission factors represent the maximum PM-2.5 

emission factor over the specified normal operating loads for the associated fuel and category.

For each source group (i), the PM-2.5 emissions in tons (Qij) for month j will be calculated as 

follows: Qij = EFi x Hij / 2000, where:

 EFi = PM-2.5 emission factor (lb/mmBtu) for source group i 

 Hij = monthly heat input (mmBtu) for source group i in month j

In cases where fuel use (gallons of oil or standard cubic feet of gas) for a source group is 

monitored directly rather than heat input, the equivalent heat input will be determined by 

multiplying the monthly fuel usage for the source group by the corresponding fuel heating value 

(mmBtu/gallon or mmBtu/scf), using the higher heating value (HHV) basis for the fuel.

The total facility PM-2.5 emissions in month j (Qj) will be calculated by summing over all source 

groups (i = 1 to 9) as follows: Qj = ∑ EFi x Hij / 2000 = ∑ Qij.

The facility-wide PM-2.5 emissions over the past 12 months (Qann) ending in month j will be 

determined by summing the facility-wide PM-2.5 emissions for the most recent 12 months (k = 

0 to 11) as follows:

Qann = ∑ Qj-k

After each month, compliance will be demonstrated with the proposed 95 ton/year PM-2.5 

emission limit by showing that Qann < 95.

As part of assuring compliance with the proposed rolling 12-month PM-2.5 emission limit of 95 

tons per year, CPV Valley, LLC proposes to conduct periodic testing to demonstrate that 

emissions from the combustion turbines comply with the lb/mmBtu emission factors for PM2.5. CPV Valley, LLC proposes to test the combustion turbines once per year for the first two 

years of operation and once per 5-year permit term thereafter.

The pollutant emission factors will be based on permit limits for each operating condition, but 

stack test based factors may be used if future stack testing indicates a lower lb/MMBtu than the 

permit limits. In this case, the DAHS system will be updated to include these new stack test 

results.
January 2012 Supplement 4-32 CPV Valley Energy Center

CPV VALLEY, LLC

CPV VALLEY ENERGY CENTER

GREENHOUSE GAS BACT ANALYSIS

4.10 Greenhouse Gas BACT Analysis

4.10.1 Overview

On June 3, 2010, EPA issued a final rule that “tailors” the applicability provisions of PSD for 

greenhouse gas (GHG) emissions. Under the tailoring rule, application of PSD to GHGs will be 

implemented in multiple steps. The first step began on January 2, 2011 and ended on June 30, 

2011. Under step 1, PSD applied to GHG emissions from a new source only if the source is 

already subject to PSD due to emissions of criteria pollutants and the potential GHG emissions 

from the project would be equal to or greater than 100,000 tons/year on a CO2e basis. Projects 

which are not subject to PSD review for criteria pollutants and that receive permits and 

commence construction prior to July 1, 2011 will not be subject to PSD for GHGs. The second 

step started on July 1, 2011 and requires a new source (facility) that is solely considered a

“major” source due to GHG emissions to obtain a PSD permit. 

For PSD purposes, GHGs are considered a single air pollutant defined as the aggregate group of 

the following six gases:

 Carbon dioxide (CO2)

 Methane (CH4)

 Nitrous oxide (N2O)

 Hydrofluorocarbons (HFCs)

 Perfluorocarbons (PFCs)

 Sulfur hexafluoride (SF6)

Because potential GHG emissions from the Project will be greater than 100,000 tons/year, the 

proposed facility is subject to PSD permitting requirements for GHG emissions.

4.10.1.1 Best Available Control Technology Analysis Guidance

A control technology analysis has been performed for the planned CPV Valley Energy Center

facility based upon guidance presented in the draft USEPA Guidance Document entitled New 

Source Review Workshop Manual, (October, 1990) and the USEPA’s PSD and Title V 

Permitting Guidance for Greenhouse Gases document (March, 2011). 

4.10.1.2 Applicability of Control Technology Requirements

Control technology requirements are generally based upon the potential emissions from the new 

or modified source and the attainment status of the area in which the source is to be located. 
January 2012 Supplement 4-33 CPV Valley Energy Center

Pollutants subject to PSD review are subject to a BACT analysis. As previously stated, the 

proposed CPV Valley Energy Center is subject to BACT for GHG emissions.

4.10.2 Approach Used in BACT Analysis

BACT is defined as the optimum level of control applied to pollutant emissions based upon 

consideration of energy, economic and environmental factors. The BACT analyses may include 

reductions achieved through the application of processes, systems, and techniques for the 

control of each air pollutant. EPA has placed potentially applicable control alternatives 

identified and evaluated in the BACT analysis into the following three categories:

(1) Inherently lower-emitting processes/practices/designs,

(2) Add-on controls, and;

(3) Combinations of (1) and (2).

4.10.2.1 Inherently lower-emitting processes/practices/designs

Lower-polluting processes (including design considerations) should be considered based on 

demonstrations made on the basis of manufacturing identical or similar products from identical 

or similar raw materials or fuels. 

4.10.2.2 Change in raw materials

This emissions limiting technique typically applies to industrial processes that use chemicals, 

such as solvents, where substitution with a lower emitting chemical may be technically feasible. 

In the case of the proposed CPV Valley Energy Center Project, the “raw material” is the fuel 

combusted for the generation of electricity. The Project proposes to primarily use natural gas, 

which is the fuel with the lowest pollutant emissions. Ultra low sulfur distillate oil will be used 

as a backup fuel with limited hours of operation (720 hours/year/turbine). The duct burners 

will exclusively fire natural gas.

4.10.2.3 Process Modifications

Process modifications may be implemented if a change in the process methods or conditions can 

result in lower emissions. In the case of the Project, the “process” is the combustion turbines 

firing natural gas. The current “F” class combustion turbine technology in combined cycle mode 

is among the most efficient fossil fuel power plant designs currently available. Therefore, 

process modifications beyond what is already proposed are not technologically feasible.
January 2012 Supplement 4-34 CPV Valley Energy Center

4.10.2.4 Technically Feasible Add-on Control Options

The first step is identification of available technically feasible control technology options, 

including consideration of transferable and innovative control measures that may not have 

previously been applied to the source type under analysis. The minimum requirement for a 

BACT proposal is an option that meets federal NSPS limits or other minimum state or local 

requirements that would prevail in the absence of BACT decision-making, such as RACT or 

NYSDEC emission standards. After elimination of technically infeasible control technologies, 

the remaining options are ranked by control effectiveness.

If there is only a single feasible option, or if the applicant is proposing the most stringent 

alternative, then no further analysis is required. If two or more technically feasible options are 

identified, the next three steps are applied to identify and compare the economic, energy, and 

environmental impacts of the options. Technical considerations and site-specific sensitive 

issues will often play a role in BACT determinations. Generally, if the most stringent technology 

is rejected as BACT, the next most stringent technology is evaluated, and so on.

In order to identify options for each class of equipment, a search of the USEPA’s 

RACT/BACT/LAER Clearinghouse (RBLC) has been performed. Individual searches have been 

performed for each pollutant (subject to BACT/LAER) emitted from each emissions unit. The 

most recently issued permits for combustion turbines in New York and others not yet on the 

RBLC were also analyzed.

4.10.2.5 Economic (Cost-Effectiveness) Analysis

This analysis consists of an estimation of costs and the calculation of the cost-effectiveness of 

each control technology, on a dollar per ton of pollution removed basis. Annual emissions of an 

option are subtracted from base case emissions to calculate tons of pollutant controlled per year. 

The base case may be uncontrolled emissions or the maximum emission rate allowable without 

BACT considerations that would generally correspond to an NSPS or RACT level. Annual costs, 

in dollars per year, are calculated by adding annual operation and maintenance costs to the 

annualized capital cost of an option. Cost-effectiveness ($/ton) of an option is simply the 

equivalent annual cost ($/yr) divided by the annual reduction in emissions (ton/yr).

It should be noted that no economic analysis is required if either the most effective option is 

proposed or if there are no technically feasible control options. 

4.10.2.6 Energy Impact Analysis

Two forms of energy impacts that may be associated with a control option can normally be 

quantified. Increases in energy consumption resulting from increased heat rate may be shown 
January 2012 Supplement 4-35 CPV Valley Energy Center

as incremental Btu's or fuel consumed per year. Also, the installation of a control option may 

reduce the output and/or reliability of the proposed equipment. This reduction would also 

result in a loss of revenue from reduced (electrical output) power sales.

4.10.2.7 Environmental Impact Analysis

The primary focus of the environmental impact analysis is the reduction in ambient 

concentrations of the pollutant being emitted. Increases or decreases in emissions of other 

criteria or non-criteria pollutants may occur with some technologies, and should also be 

identified. Non-air related impacts, such as solid waste disposal and increased water 

consumption/ treatment, may be an issue for some projects and control options.

4.10.3 BACT Analysis for Greenhouse Gas (GHG) Emissions

The main sources of GHG emissions for the CPV Valley Energy Center project are the 

combustion turbines, duct burners, auxiliary boiler and fuel gas heaters. GHG emissions are 

also generated from the operation of the diesel engines, which are intended for limited operation 

(black start and fire protection). 

4.10.3.1 Review of GHG BACT Database

4.10.3.1.1 Combined Cycle Combustion Turbines and Duct Burners

A search of the RBLC for “carbon dioxide” did not yield any results for combined cycle 

combustion turbines with or without duct firing. CPV is aware of two similar projects, the 

Calpine Russell City Energy Center in Hayward, California, and the Cricket Valley Energy Center 

in Dover, New York, whose air permits contain CO2e limits for each facility’s natural gas fired 

combined cycle turbines, and efficiency limits ranging from 7,605 to 7,730 Btu/kW-hr 

(operating at 100% load, ISO conditions and without duct firing). 

4.10.3.1.2 Auxiliary Boiler

A search of the RBLC for “carbon dioxide” did not yield any results for auxiliary boilers similar 

in size to that proposed for the CPV Valley Energy Center Project.

4.10.3.1.3 Fuel Gas Heaters

A search of the RBLC for “carbon dioxide” did not yield any results for natural gas fired heaters 

similar to that proposed for the CPV Valley Energy Center Project.
January 2012 Supplement 4-36 CPV Valley Energy Center

4.10.3.1.4 Emergency Diesel Engines

A search of the RBLC for “carbon dioxide” did not yield any results for emergency diesel engines 

similar to those proposed for the CPV Valley Energy Center Project.

4.10.3.2 Identification of GHG Control Options and Technical Feasibility

4.10.3.2.1 Combined Cycle Combustion Turbines and Duct Burners

The following control technologies for GHG were evaluated: Carbon Capture and Sequestration 

(CCS) and Good Operation and Maintenance for Thermal Efficiency.

Carbon Capture and Sequestration (CCS) – The second of the five steps in a top-down 

BACT analysis is to eliminate technologically infeasible control technologies. A control is 

feasible if it is both “available” and “applicable”. A technology is considered “available” if the 

source owner may obtain it through commercial channels, or it is otherwise available within the 

common sense meaning of the term. Technologies that have not yet been applied to (or 

permitted for) full scale operations should not be considered as available. An available 

technology is “applicable” if it can be reasonably installed and operated on the source type under 

consideration. Innovative controls that have not been demonstrated on any source type similar 

to the proposed source need not be considered in the BACT analysis. 

EPA has classified CCS as an add-on pollution control technology that is “available” for large 

CO2-emitting facilities including fossil fuel fired power plants. Carbon sequestration is a geoengineering technique used to remove the CO2 from an exhaust gas stream and store it 

permanently in underground reservoirs (typically depleted oil or gas reservoirs) or other 

geological features. The technology captures CO2 before it enters the atmosphere, compresses 

the CO2 to a near liquid state, and transports it via pipeline to a site where it is injected deep 

underground. The deep geological formations that receive and hold CO2 must be far below fresh 

water aquifers and below an impermeable cap rock or seal so they cannot contaminate 

groundwater or escape into the atmosphere. Ideal geological formations for sequestration 

include depleted oil and gas fields and deep ocean masses. The vicinity surrounding the 

proposed CPV Valley Energy Center does not contain saline aquifers, depleted oil or gas 

reservoirs, or deep coal beds and therefore is not suitable for the injection of CO2 underground. 

Alternative sequestration techniques include converting CO2 to baking soda or algae based 

carbon capture. The long term storage of CO2 is a relatively new concept and has mostly been 

demonstrated on a pilot-scale. In addition, capturing, scrubbing and compressing CO2 requires 

much energy and would increase the fuel needs of the plant. Due to the narrow margins that 

often exist in the electrical generating business, an energy-intensive CO2 removal process can 
January 2012 Supplement 4-37 CPV Valley Energy Center

significantly affect the economics of a power plant and it would have a significant impact on the 

economic viability of the planned CPV Valley Energy Center Project. 

Power plants similar in size to the proposed CPV Valley Energy Center may require a 

significantly larger site area to accommodate the additional process facilities associated with 

CO2 capture. Such facilities could include CO2 compressors, scrubbers, oxygen production 

plants or other carbon capture equipment. Depending upon the capture technology employed, 

the site area for the capture equipment may approach the size of the site area of the power 

generating plant itself.1 

While current technologies could be used to capture CO2 from new fossil fuel fired power plants, 

they have not been demonstrated at the scale necessary to establish confidence for power plant 

application.2 Further, the technology has not been demonstrated as suitable for the proposed 

site location. Therefore, CCS is not considered to be technically feasible for the project.

Thermal Efficiency – Contrary to other pollutants, CO2 is not the byproduct of incomplete 

combustion and contaminants in the fuel supply. It is the essential product of the chemical 

reaction between fuel and oxygen and inherent in any fossil-fuel combustion technology. 

Therefore, the only way to reduce the amount of CO2 generated is to minimize the amount of 

fuel combustion required to produce the desired amount of electricity. This is achieved by 

operating the units efficiently. Maintaining a high combustion efficiency of a power generation 

facility is a key economic factor in the viability of a power generation facility. Therefore, there is 

already an inherent and significant economic incentive to maintain good combustion efficiency, 

which reduces the overall combustion of fuel. In addition, natural gas generates a lower amount 

of CO2 when combusted in comparison to other fossil fuels. The combustion turbines at the CPV 

Valley Energy Center will operate primarily on natural gas, which is the fuel with the lowest 

GHG emissions. Therefore, the combination of the high thermal efficiency of the facility and its 

primary use of natural gas constitute a control technology for GHG emissions.

4.10.3.2.2 Auxiliary Boiler

The only feasible option for reducing GHG emissions from the auxiliary boiler is to use natural 

gas, which is the fuel with the lowest pollutant emissions. The proposed auxiliary boiler will 

utilize natural gas only.

 

1

P. Parfomak, “Community Acceptance of Carbon Capture and Sequestration Infrastructure: Siting Challenges” (July 29, 2008).

2

See Report of the Interagency Task Force on Carbon Capture and Storage, p.50 

(http://www.epa.gov/climatechange/policy/ccs_task_force.html).
January 2012 Supplement 4-38 CPV Valley Energy Center

4.10.3.2.3 Fuel Gas Heaters

The only feasible option for reducing GHG emissions from the fuel gas heaters is to use natural 

gas, which is the fuel with the lowest pollutant emissions. The CPV Valley Energy Center 

Project’s fuel gas heaters will utilize natural gas only.

4.10.3.2.4 Emergency Diesel Engines

The only feasible option for reducing GHG emissions from the emergency diesel generator and 

fire pump is to limit the hours of operation to 500 hours/year.

4.10.3.3 Determination of BACT for GHG

4.10.3.3.1 Combined Cycle Combustion Turbines and Duct Burners

To minimize GHG emissions, CPV Valley Energy Center proposes to operate the combustion 

turbines in combined cycle mode with natural gas as the primary fuel and proposes a heat rate 

limit of 7,605 Btu/kW-hr (57.4% efficiency (LHV)) at full load ISO conditions without duct 

firing (based on net output). Compliance with the heat rate limit will be determined through 

stack testing prior to commercial operation.

Total annual CO2e emissions from the two combined cycle units will be limited to 2,183,223

tons/year (or 1,091,611.5 tons/year/unit). This limit reflects full load 8,760 hours of operation

per year per turbine with the maximum amount of duct firing and backup fuel oil firing

proposed. Compliance with the annual limit will be demonstrated through the use of a CO2

CEM along with fuel usage and emission factors for methane and nitrous oxide.

4.10.3.3.2 Auxiliary Boiler

The Project proposes to exclusively use natural gas as the fuel and limit its operation to 2,000

hours per year. 

4.10.3.3.3 Fuel Gas Heaters

The Project proposes to exclusively use natural gas as the fuel for the fuel gas heaters. 

4.10.3.3.4 Emergency Diesel Engines

The Project proposes to limit the operating hours of each engine to 500 per year. 
January 2012 Supplement 4-39 CPV Valley Energy Center

CPV VALLEY, LLC

CPV VALLEY ENERGY CENTER

BACT/LAER UPDATE

4.11 BACT/LAER Analysis Update

4.11.1 Overview

This section of the Supplement updates Section 4.0 of the November 2008 “PSD and Part 201 

Air Permit Application” for the proposed CPV Valley Energy Center. As such, it presents 

updated Lowest Achievable Emission Rate (LAER) and Best Available Control Technology 

(BACT) determinations for the control of the nitrogen oxides (NOx), volatile organic compounds

(VOC), carbon monoxide (CO), particulate matter/particulate matter less than or equal to 10 

microns in diameter (PM/PM-10), sulfur dioxide (SO2) and sulfuric acid (H2SO4) emissions 

from the Project’s combined cycle combustion turbines and duct burners, auxiliary boiler, fuel 

gas heaters and emergency diesel engines. For each pollutant and type of equipment, the U.S. 

Environmental Protection Agency’s (USEPA’s) RACT/BACT/LAER Clearinghouse (RBLC) was

searched and recently issued permits were reviewed to determine if any new projects have been 

permitted with lower emission levels since November 2008.

The results of this research have confirmed, with one exception, the BACT/LAER emission rate 

determinations that were made in November 2008. The one exception pertains to the 

emergency generator. Its NOx emission rate needs to be reduced slightly from 4.97 to 4.78

grams per horsepower-hour (g/hp-hr), to meet the presently applicable New Source 

Performance Standard (NSPS) for such equipment.

4.11.2 Nitrogen Oxides

4.11.2.1 Review of NOx RBLC and Permit Databases

4.11.2.1.1 Combined Cycle Combustion Turbines and Duct Burners

A recent search of the RBLC and available permits for natural gas fired combined cycle 

combustion turbine projects did not identify any new permits with NOx emission limits less than 

the 2.0 parts per million (ppm) proposed for the Project. 

In the event that natural gas is unavailable, the Project will burn ultra-low sulfur distillate oil 

(ULSD) as a backup fuel. Operation on ULSD will be limited to a fuel consumption amount 

equivalent to 30 days per year or 720 hours per year of full load operation for each turbine. No 

new projects with lower emission limits than the oil firing NOx limit of 6.0 ppm proposed for the 

project were identified. As stated in the original submittal, there are four projects with NOx
January 2012 Supplement 4-40 CPV Valley Energy Center

emission limits lower than 6.0 ppm. The Sam Rayburn Generation Station in Nursery, Texas is 

listed in the RBLC as having a NOx emission limit of 5 ppm. Additionally, the Towantic Energy, 

LLC, the Lake Road Generating Company, L.P. and the PDC El Paso Milford, LLC facilities are 

listed in the RBLC as having NOx emission limits of 5.9 ppm. CPV Valley is still unable to verify 

if any of these four facilities have achieved these emission limits in practice. 

4.11.2.1.2 Auxiliary Boiler

A recent search of the RBLC and available permits for comparable natural gas-fired boilers 

between 10 and 100 million British thermal units per hour (mmBtu/hr) in size did not identify 

any new permits (since November 2008) with NOx emission limits less than what was originally 

proposed for the Project. There have been, however, boilers similar in size to the proposed unit 

which have installed SCR, but these units operate year-round, unlike the auxiliary boiler 

proposed for the Project which will only operate for a maximum of 2,000 hours/year.

4.11.2.1.3 Fuel Gas Heaters

A recent search of the RBLC and available permits for comparable natural gas-fired dew 

point/fuel/efficiency/recuperator heaters did not identify any new permits (since November 

2008) with NOx emission limits less than what was originally proposed for the Project.

4.11.2.1.4 Emergency Diesel Engines 

A recent search of the RBLC and available permits for comparable emergency diesel engines and 

fire pumps did not identify any new permits (since November 2008) with NOx emission limits 

less than what was originally proposed for the Project.

4.11.2.2 Determination of LAER for NOx

4.11.2.2.1 Combined Cycle Combustion Turbines and Duct Burners

CPV Valley proposes dry low NOx (DLN) controls during natural gas firing and water injection 

during oil firing. These technologies will be used in combination with selective catalytic 

combustion (SCR), in order to achieve LAER for NOx emissions from the Project’s combinedcycle units. The proposed NOx emission limit for the turbines is 2.0 ppm (3-hour average) while 

firing natural gas with and without duct firing and 6.0 ppm (3-hour average) when firing ULSD. 

4.11.2.2.2 Auxiliary Boiler

Based on the update presented above, the Project is proposing to use flue gas recirculation in 

combination with low-NOx burners to achieve NOx emissions of 0.045 lb/mmBtu. 
January 2012 Supplement 4-41 CPV Valley Energy Center

4.11.2.2.3 Fuel Gas Heaters 

Based on the update presented above, the Project is proposing to use forced draft low NOx

burner (LNB) controls for the natural gas-fired fuel gas heaters. This will result in a NOx

emission limit of 0.058 lb/mmBtu. Based on this proposed emission rate, the heaters will 

contribute a total of 2.53 tons of NOx per year, based on its relatively low firing rate. By 

controlling the fuel gas heater’s NOx emissions using the forced draft LNB design, CPV Valley is 

implementing LAER control technology. 

4.11.2.2.4 Emergency Diesel Engines

Although add-on controls, such as SCR, have been employed to reduce emissions from diesel 

engines with greater annual operating capacity factors, such controls are ruled out by the limited 

annual operation of the emergency engines. Thus, CPV Valley proposes limited hours of 

operation and good combustion practices as LAER to achieve a NOx emission rate of 0.859 

lb/mmBtu for the emergency diesel fire pump and 4.78 g/hp-hr for the emergency diesel 

generator. For the emergency generator, the proposed NOx emission rate limit has been 

reduced slightly (from 4.97 to 4.78 g/hp-hr) to meet the presently applicable NSPS for such 

equipment.

4.11.3 Volatile Organic Compounds

4.11.3.1 Review of VOC RBLC and Permit Databases

4.11.3.1.1 Combined Cycle Combustion Turbines and Duct Burners

A recent search of the RBLC and available permits for natural gas and oil fired combined cycle 

combustion turbine projects did not identify any new permits with VOC emission limits less 

than those proposed for the Project. 

4.11.3.1.2 Auxiliary Boiler

A recent search of the RBLC and available permits for natural gas-fired boilers between 10 and 

100 mmBtu/hr in size did not identify any new permits with VOC emission limits less than what 

was originally proposed for the Project. 
January 2012 Supplement 4-42 CPV Valley Energy Center

4.11.3.1.3 Fuel Gas Heaters

A recent search of the RBLC and available permits did not yield any new permits with lower 

limits than that proposed for the Project. All limits listed in the RBLC are based on units 

employing either good combustion techniques or clean fuels.

4.11.3.1.4 Emergency Diesel Engines

A recent search of the RBLC and available permits for comparable emergency diesel engines and 

fire pumps did not identify any new permits (since November 2008) with VOC emission limits 

less than what was originally proposed for the Project.

4.11.3.2 Determination of LAER for VOC

4.11.3.2.1 Combined Cycle Combustion Turbines and Duct Burners

The Project is proposing to install an oxidation catalyst designed to reduce VOC emissions when 

firing natural gas to 0.7 ppm and 1.8 ppm without and with duct firing, respectively. The Project 

also proposes to reduce VOC emissions with an oxidation catalyst to 0.7 ppm when firing ULSD. 

4.11.3.2.2 Auxiliary Boiler

The auxiliary boiler is proposed to employ good combustion practices and a restriction on 

annual operating hours. It is proposed that these control methods represent LAER for VOC 

emissions by limiting VOC emissions to 0.004 lb/mmBtu. 

4.11.3.2.3 Fuel Gas Heaters 

The burners selected for the proposed Project use modern design and combustion controls to 

optimize fuel combustion. It is proposed that the use of good combustion control represents 

VOC LAER for the fuel gas heater, resulting in a maximum VOC emission rate of 

0.011 lb/mmBtu. The proposed limit holds potential VOC emissions for this equipment to no 

more than 0.24 tons/year. 

4.11.3.2.4 Emergency Diesel Engines

The application of good combustion practices and limited operating hours is proposed in order 

to achieve LAER for the emergency diesel fire pump and emergency diesel generator. The 

maximum VOC emissions from the emergency diesel fire pump and emergency generator are 

0.3612 lb/mmBtu and 0.0331 lb/mmBtu, respectively. Potential VOC emissions from these 

pieces of equipment are less than 0.5 tons/year total.
January 2012 Supplement 4-43 CPV Valley Energy Center

4.11.4 Carbon Monoxide

4.11.4.1 Review of CO RBLC and Permit Databases

4.11.4.1.1 Combined Cycle Combustion Turbines and Duct Burners

A recent search of the RBLC and available permits for natural gas fired combined cycle 

combustion turbine projects did not identify any new permits with CO emission limits less than 

the 2.0 ppm proposed for the Project. However, one project which was previously identified 

with a CO limit of 0.9 ppm was not in operation at the time of the original submittal. Since that 

time, the Kleen Energy facility in Middletown, Connecticut commenced commercial operation in 

late July 2011. Since the facility has been in operation for less than one year, not enough data 

exists to determine if the facility is operating in compliance with this low CO limit. On the 

contrary, significant data exists demonstrating that 2.0 ppm CO has been achieved in practice. 

Therefore, CPV Valley is proposing a 2.0 ppm limit (with and without duct firing) for natural gas 

operation.

A recent search of the RBLC and available permits for oil-fired combustion turbines indicated 

that the most stringent CO emission rate is 2.0 ppm (without duct firing) achieved through the 

use of an oxidation catalyst. 

4.11.4.1.2 Auxiliary Boiler

A recent search of the RBLC and available permits for natural gas-fired boilers between 10 and 

100 mmBtu/hr in size did not identify any new permits with CO emission limits less than what 

was originally identified. 

4.11.4.1.3 Fuel Gas Heaters

A recent search of the RBLC and available permits for similar units did not identify any new 

permits with CO emission limits less than what was originally identified. 

4.11.4.1.4 Emergency Diesel Engines

A recent search of the RBLC and available permits for comparable emergency diesel engines and 

fire pumps did not identify any new permits (since November 2008) with CO emission limits 

less than what was originally proposed for the Project.
January 2012 Supplement 4-44 CPV Valley Energy Center

4.11.4.2 Determination of BACT for CO

4.11.4.2.1 Combined Cycle Combustion Turbine and Duct Burner

The Project is proposing to install an oxidation catalyst designed to reduce CO emissions to 

2.0 ppm during natural gas and ULSD firing without the duct burner operating. 

For oil firing, the Project proposes an oxidation catalyst to achieve BACT. The proposed permit 

limit is 2.0 ppm for the combustion turbine operating without the duct burner and 3.4 ppm for 

the combustion turbine operating with duct burner firing. This constitutes the lowest permitted 

emission rate for a turbine, regardless of operational status. 

4.11.4.2.2 Auxiliary Boiler

The Project is continuing to propose the use of good combustion practices to achieve CO 

emissions of 0.07 lb/mmBtu. A control cost analysis for an oxidation catalyst was presented in 

the original application in Appendix F and remains valid. This analysis shows that for this 

boiler’s limited operation, an oxidation catalyst is cost-prohibitive for the Project at 

approximately $31,000/ton CO controlled and thus is not considered BACT for this Project. 

4.11.4.2.3 Fuel Gas Heater

The Project is proposing to use good combustion practices and clean fuels to achieve CO 

emissions of 0.084 lb/mmBtu. The results of the RBLC and recent air permit search identify the 

Caithness Bellport Energy Center in Brookhaven, New York as the latest permit issued for a 

similar emission unit in USEPA Region 2. This project has been permitted with a CO emission 

rate of 0.084 lb/mmBtu (same as the proposed Project). Therefore, the proposed CO controls 

and emission rate represent BACT for the CPV Valley fuel gas heaters.

4.11.4.2.4 Emergency Diesel Engines

Existing permits show that add-on control technology is not practical for control of CO 

emissions from emergency equipment. Therefore, the Project is proposing BACT for CO 

emissions through good combustion practices and limiting operating hours. The proposed 

emission rate from the emergency diesel fire pump is 0.753 lb/mmBtu and the proposed CO 

emission rate from the emergency diesel generator is 0.136 lb/mmBtu.
January 2012 Supplement 4-45 CPV Valley Energy Center

4.11.5 PM/PM-10

4.11.5.1 Review of PM/ PM-10 RBLC and Permit Databases

4.11.5.1.1 Combined Cycle Combustion Turbines and Duct Burners

A recent search of the RBLC and available permits for natural gas and oil fired combined cycle 

combustion turbine projects did not identify any new permits with PM/PM-10 emission limits 

less than those identified in the original application. 

As stated in our application, a review of approximately 280 natural gas-fired and 70 fuel oilfired combined cycle facilities from the USEPA’s RBLC and recently issued air permit searches 

(see Appendix E) lists PM/PM-10 emission limits ranging from 0.0013 to 0.1400 lb/mmBtu for 

natural gas and PM/PM-10 emission limits ranging from 0.005 to 0.126 lb/mmBtu for fuel oil. 

For natural gas firing, the lowest PM/PM-10 permit limits were found at a New York facility, the 

Calpine Wawayanda plant, which was permitted in July 2002 with a PM/PM-10 emission limit 

of 0.0013 lb/mmBtu at partial load and 0.0093 lb/mmBtu at full load. Another New York 

facility burning natural gas, the KeySpan Spagnoli Road Energy Center, was permitted with a

PM/PM-10 emission limit of 0.0182 lb/mmBtu in April 2003 (almost a year after the 

Wawayanda permit was issued). 

For oil firing, the lowest PM/PM-10 permit limit at a New York facility, the ConEd East River 

Repowering Project, was permitted in August 2001 with a PM/PM-10 emission limit of 0.033 

lb/mmBtu. Another New York facility burning fuel oil, the Mirant Bowline, LLC Facility, was 

permitted with a PM/PM-10 emission limit of 0.058 lb/mmBtu in March 2002 (more than 6 

months after the ConEd East River Project permit was issued). 

In fact, the permits for natural gas- and fuel oil-fired combined cycle combustion turbine 

projects issued in New York do not follow any sort of emissions versus permit date trend (i.e., 

later permit date = lower PM/PM-10 emission rate). Note also that two of the four projects 

(Calpine Wawayanda and KeySpan Spagnoli Road) identified above have not been built. Thus, 

the available control technologies, good combustion practices and low-sulfur fuels, should be 

considered the driving factors for proposing BACT.

4.11.5.1.2 Auxiliary Boiler

A recent search of the RBLC and available permits shows that typically good combustion 

practices and low-sulfur fuel have been used as BACT for gas-fired boilers. 
January 2012 Supplement 4-46 CPV Valley Energy Center

4.11.5.1.3 Fuel Gas Heaters

A recent search of the RBLC and available permits for similar units did not yield any new 

permits with PM/PM-10 emission limits less than what was originally identified in the 

November 2008 application. 

4.11.5.1.4 Emergency Diesel Engines

A recent search of the RBLC and available permits shows that only good combustion practices 

and low-sulfur fuels have been used as BACT for diesel engines. 

4.11.5.2 Determination of BACT for PM/PM-10 

4.11.5.2.1 Combined Cycle Combustion Turbines and Duct Burners

Good combustion techniques and low-sulfur fuels have been proposed to limit PM/PM-10 

emissions. Proposed emission limits for PM/PM-10 when firing natural gas in the combustion 

turbines are 0.0073 lb/mmBtu for the operation of each combustion turbine only and 0.0062 

lb/mmBtu for the operation of each combustion turbine and duct burner together. The 

proposed emission limits for PM/PM-10 when firing fuel oil in each combustion turbine is 

0.068 lb/mmBtu for the combustion turbine only and 0.0368 lb/mmBtu for each combustion 

turbine and duct burner together. These values are within the range of recent BACT 

determinations for combustion turbines without and with duct burners. 

4.11.5.2.2 Auxiliary Boiler

The Project proposes the exclusive use of clean-burning fuels in conjunction with good 

combustion practices as BACT. The proposed PM/PM-10 emission limit for the auxiliary boiler 

is 0.0063 lb/mmBtu. 

4.11.5.2.3 Fuel Gas Heaters

The Project proposes the exclusive use of clean-burning pipeline quality natural gas in 

conjunction with good combustion practices as BACT. The proposed BACT PM/PM-10 limit for 

the fuel gas heaters is 0.0076 lb/mmBtu. 

4.11.5.2.4 Emergency Diesel Engines

The Project proposes to use ULSD, employ good combustion practices, and limit operating 

hours as BACT for PM/PM-10. The PM/PM-10 emission rates from the emergency diesel fire 
January 2012 Supplement 4-47 CPV Valley Energy Center

pump and the emergency diesel generator are proposed as 0.04 lb/mmBtu and 0.009 

lb/mmBtu, respectively.

4.11.6 Sulfur Dioxide and Sulfuric Acid Mist

SO2 emissions are formed from the oxidation of the sulfur in the fuel. H2SO4 emissions, in 

addition to being a function of the fuel sulfur content, are also related to the amount of oxidation 

of fuel sulfur to SO3. Sulfuric acid is produced when SO2 is converted to SO3 in the presence of a 

catalyst and is then further combined with water to form H2SO4 (sulfuric acid). Note that to be 

available to react with water to form sulfuric acid, the SO3 would have to avoid first reacting with 

ammonia slip (and forming ammonia salts). During the combustion process, most of the sulfur 

is converted to SO2. For the combustion turbines, twenty percent of the SO2 is assumed to be 

converted to SO3, as a result of the combined effects of the combustion process and additional 

oxidation by the SCR and oxidation catalysts, and eventually to H2SO4 and/or ammonium 

sulfate salts.

4.11.6.1 Review of SO2 and H2SO4 RBLC and Permit Databases

A recent search of the RBLC and available permits indicated only one option for SO2 and H2SO4

control. For all units where SO2 and H2SO4 control was identified, the only option considered 

was the combustion of low-sulfur fuels. No other controls have been implemented on a gas and 

oil fired combustion turbine, boiler/heater or diesel engine. 

4.11.6.1.1 Combined Cycle Combustion Turbines and Duct Burners

A recent search of the RBLC and available permits for natural gas and oil fired combined cycle 

combustion turbine projects did not identify any new permits with SO2/H2SO4 emission limits 

less than those identified in the original application. 

4.11.6.1.2 Auxiliary Boiler

A recent search of the RBLC and available permits for natural gas fired boilers did not identify 

any new permits with emission limits less than those identified in the original application. 

4.11.6.1.3 Fuel Gas Heaters

A recent search of the RBLC and available permits indicated that the use of low sulfur fuels 

represents BACT for both SO2 and H2SO4 emissions.
January 2012 Supplement 4-48 CPV Valley Energy Center

4.11.6.1.4 Emergency Diesel Engines

A recent search of the RBLC and available permits for comparable emergency diesel engines and 

fire pumps did not identify any new permits (since November 2008) with emission limits less 

than what was originally proposed for the Project.

4.11.6.2 Determination of BACT for SO2 and H2SO4

4.11.6.2.1 Combined Cycle Combustion Turbines and Duct Burners

When firing natural gas, CPV Valley proposes to use low-sulfur fuel (0.8 grains/100 scf) to meet 

BACT for SO2 and H2SO4. SO2 emissions will be limited to 0.0022 lb/mmBtu and H2SO4

emissions will be limited to 0.0007 lb/mmBtu. 

For oil firing, the Project proposes ULSD (15 ppm) as BACT for SO2 and H2SO4. SO2 emissions 

will be limited to 0.0015 lb/mmBtu. Sulfuric acid emissions will be limited to 0.0005 

lb/mmBtu.

4.11.6.2.2 Auxiliary Boiler

The Project proposes to fire natural gas in the auxiliary boiler to meet BACT for SO2 and H2SO4. 

The proposed SO2 emission limit is 0.0022 lb/mmBtu; the proposed H2SO4 BACT emission 

limit is 0.0002 lb/mmBtu. 

4.11.6.2.3 Fuel Gas Heaters

The Project proposes to fire pipeline quality natural gas in the fuel gas heaters to meet BACT for 

SO2 and H2SO4. The proposed SO2 BACT emission limit is 0.0022 lb/mmBtu. The proposed 

H2SO4 BACT emission limit is 0.0002 lb/mmBtu.

4.11.6.2.4 Emergency Diesel Engines

The use of ULSD is proposed as BACT for the control of SO2 and H2SO4. The proposed SO2

BACT limit for the emergency diesel engines is 0.0014 lb/mmBtu. The proposed H2SO4 BACT 

emission limit for the emergency diesel fire pump and the emergency diesel generator is 

0.00003 lb/mmBtu.

4.11.7 Summary of Control Technology Proposals

Tables 4-1 through 4-5 provide a summary of the control technology proposals presented for the 

regulated pollutants.
January 2012 Supplement 4-49 CPV Valley Energy Center

Table 4-1: Summary of Proposed BACT/LAER – Combustion Turbine/Duct Burner

Pollutant Limit Method Basis

NOx 2.0 ppm (CT – gas firing with & without DB)

6.0 ppm (CT– oil firing)

DLN & SCR

Water Injection & SCR

LAER

VOC 0.7 ppm (CT – gas firing)

0.7 ppm (CT– oil firing)

1.8 ppm (CT– gas firing with DB)

Good combustion 

controls & oxidation 

catalyst 

LAER

CO 2.0 ppm (CT – gas firing)

2.0 ppm (CT– oil firing)

3.4 ppm (CT– gas firing with DB)

Good combustion 

controls & oxidation 

catalyst 

BACT

PM/PM-10 0.0073 lb/mmBtu (gas firing with & without DB)

0.0368 lb/mmBtu (oil firing)

Low-sulfur fuels BACT

SO2 0.0022 lb/mmBtu (gas firing with & without DB)

0.0015 lb/mmBtu (oil firing)

Low-sulfur fuels BACT

H2SO4 0.0007 lb/mmBtu (gas firing with & without DB)

0.0005 lb/mmBtu (oil firing)

Low-sulfur fuels BACT

Table 4-2: Summary of Proposed BACT/LAER – Auxiliary Boiler

Pollutant Limit Method Basis

NOx 0.0450 lb/mmBtu LNB & FGR LAER

VOC 0.0038 lb/mmBtu Good combustion 

controls LAER

CO 0.0721 lb/mmBtu Good combustion 

controls BACT

PM/PM-10 0.0063 lb/mmBtu Low-sulfur fuel BACT

SO2 0.0022 lb/mmBtu Low-sulfur fuel BACT

H2SO4 0.0002 lb/mmBtu Low-sulfur fuel BACT
January 2012 Supplement 4-50 CPV Valley Energy Center

Table 4-3: Summary of Proposed BACT/LAER – Fuel Gas Heater

Pollutant Limit Method Basis

NOx 0.058 lb/mmBtu Forced draft LNB LAER

VOC 0.011 lb/mmBtu Good combustion controls LAER

CO 0.084 lb/mmBtu Good combustion controls BACT

PM/PM-10 0.0076 lb/mmBtu Low-sulfur fuel BACT

SO2 0.0022 lb/mmBtu Low-sulfur fuel BACT

H2SO4 0.0002 lb/mmBtu Low-sulfur fuel BACT

Table 4-4: Summary of Proposed BACT/LAER – Emergency Diesel Fire Pump

Pollutant Limit Method Basis

NOx 0.857 lb/mmBtu Good combustion controls LAER

VOC 0.3612 lb/mmBtu Good combustion controls LAER

CO 0.75 lb/mmBtu Good combustion controls BACT

PM/PM-10 0.043 lb/mmBtu Low-sulfur fuel BACT

SO2 0.0014 lb/mmBtu Low-sulfur fuel BACT

H2SO4 0.00003 lb/mmBtu Low-sulfur fuel BACT

Table 4-5: Summary of Proposed BACT/LAER – Emergency Diesel Generator

Pollutant Limit Method Basis

NOx 4.78 g/hp-hr * Good combustion controls LAER

VOC 0.0331 lb/mmBtu Good combustion controls LAER

CO 0.45 g/hp-hr Good combustion controls BACT

PM/PM-10 0.03 g/hp-hr Low-sulfur fuel BACT

SO2 0.0014 lb/mmBtu Low-sulfur fuel BACT

H2SO4 0.00003 lb/mmBtu Low-sulfur fuel BACT

* This proposed NOx emission limit has been reduced (from 4.97 g/hp-hr), to meet the presently 

applicable NSPS for such equipment.
January 2012 Supplement 5-26 CPV Valley Energy Center

CPV VALLEY, LLC

CPV VALLEY ENERGY CENTER

SUPPLEMENTAL AIR QUALITY MODELING ANALYSES FOR

THE NEW NAAQS AND PSD INCREMENTS

5.7 Supplemental Air Quality Modeling Analyses

5.7.1 Overview

This section of the Supplement updates Section 5.0 of the November 2008 “PSD and Part 201 

Air Permit Application” for the proposed CPV Valley Energy Center. As such, it provides

demonstrations of compliance with new regulatory requirements, i.e., new (or revised) National 

Ambient Air Quality Standards (NAAQS) and Prevention of Significant Deterioration (PSD) 

increments, which have become applicable to the Project since November 2008. The new (or 

revised) NAAQS pertain to nitrogen dioxide (NO2), sulfur dioxide (SO2) and lead (Pb). The new 

PSD increments pertain to particulate matter less than or equal to 2.5 micrometers in diameter 

(PM-2.5).

Appendix G1 of the Supplement provides detailed discussions of the additional modeling 

analyses that have been performed to demonstrate compliance with the new NAAQS and PSD 

increments. Contained in Appendix G1 are an “Air Quality Modeling Protocol (Supplements 1 

and 2),” “NYSDEC Comments on the Protocol Supplements” (Appendix G1.1), and “Responses 

to NYSDEC Comments” (Appendix G.1.2). As described in detail therein, the supplemental 

modeling analyses have been performed in accordance with the applicable regulatory 

requirements, modeling guidance, and approved modeling procedures.

The documents in Appendix G1 anticipated that supplemental AERMOD modeling analyses 

would be required to demonstrate compliance with the new 1-hour average NAAQS for NO2 and 

SO2, while the information needed to demonstrate compliance with the new 24-hour and annual 

average PSD increments for PM-2.5 and the revised rolling three-month average NAAQS for Pb 

would be available from the pre-processed or post-processed AERMOD model output files that 

were produced in November 2008. It was subsequently determined that the highest second 

high (H2H) 24-hour average PM-2.5 concentrations that are needed to assess compliance with 

the 24-hour average PSD increment were not obtainable from any of the available model output 

files (because those files did not contain the values needed for comparison to that statistic). 

Therefore, supplemental modeling analyses have also been performed to demonstrate 

compliance with the 24-hour and annual average PSD increments for PM-2.5.
January 2012 Supplement 5-27 CPV Valley Energy Center

The following subsections summarize the procedures and input data used for the supplemental 

modeling analyses. Any changes made to November 2008 modeling procedures and input data 

are identified, and appropriate references are provided to relevant information that is contained 

in the November 2008 Application or elsewhere in this Supplement.

5.7.2 Modeling Procedures and Input Data

5.7.2.1 Source Data

The Project sources that were subject to the supplemental modeling analyses have remained 

unchanged since November 2008. With two exceptions, the stack parameter data used to model 

those sources have also remained unchanged from the data contained in Tables 2-3 through 2-9 

of the November 2008 Air Quality Modeling Protocol (Revised). The first exception pertains to 

the nitrogen oxides (NOx) emission rates for the turbine startup operating scenarios, which were 

instead obtained from Table B-5 in Appendix B of the November 2008 Application, because 

Table 2-4 of that Protocol does not contain those emission rates. The second exception pertains 

to a small reduction in the NOx emission rate of the emergency generator (see subsection 

4.11.2.2.4 of this Supplement).

As anticipated in Appendix G-1 (Section 5.8) of this Supplement, multi-source modeling 

analyses were required to demonstrate compliance with the new 1-hour average NAAQS for 

NO2. Table 5-14 summarizes the inventory of additional nearby NOx emission sources that were 

modeled. Additional details regarding those additional modeled sources are provided in 

Appendix H1 of this Supplement.

5.7.2.2 Model Selection and Options

The same model (AERMOD) has been used to perform all of the compliance demonstration 

modeling analyses for the Project, but the latest version (11103) of AERMOD (released on April 

7, 2011) was used to perform the additional modeling analyses that are described in this 

Supplement. As was the case for the November 2008 modeling analyses, the regulatory default 

model option was used for the supplemental modeling analyses. However, additional model 

options were used in the AERMOD modeling analyses that were performed to demonstrate 

compliance with the 1-hour average NAAQS for NO2. Details regarding the selection and use of 

those additional model options are provided in Appendix G1 of this Supplement.

5.7.2.3 Receptor Grid

The initial receptor grid used in all the supplemental modeling analyses for the Project remained 

unchanged from that used in the November 2008 modeling analyses. However, an additional 
January 2012 Supplement 5-28 CPV Valley Energy Center

refined receptor grid was also developed for the multi-source modeling analyses that have been 

used to demonstrate compliance with the 1-hour average NO2 NAAQS (see Section 5.7.3.5).

5.7.2.4 Meteorological Data

The same five years of meteorological data (2002-2006), from Orange County Airport in 

Montgomery, New York, were used to perform all of the compliance demonstration modeling 

analyses for the Project, but those data were first re-processed using the latest version (11059) of 

the AERMET preprocessor prior to their input to the latest version (11103) of AERMOD, which 

was used for the additional modeling analyses that are described in this Supplement. All other 

aspects of the meteorological data input remained unchanged from that used in the November 

2008 modeling analyses. Additional details regarding the meteorological data re-processing are 

provided in Appendix G1 of this Supplement.

5.7.3 AERMOD Results

5.7.3.1 Project SO2 Impacts

As discussed in Section 5.2 of Appendix G1 of this Supplement, the requirement to demonstrate

compliance with the 1-hour average NAAQS for SO2 will be satisfied if the 5-year average of the 

maximum 1-hour impact at each receptor for the Project (by itself) is below the 1-hour average 

significant impact level (SIL) for SO2. Table 5-15 summarizes the results of the AERMOD

modeling analyses that were performed to determine the Project’s maximum 1-hour average SO2

impact at each receptor in each of the five years. The table shows that the maximum 5-year 

average of the Project’s maximum 1-hour impact at each receptor is below the 1-hour average 

SO2 SIL. The AERMOD modeling results in Table 5-15 therefore demonstrate compliance with 

the 1-hour average NAAQS for SO2.

5.7.3.2 Project NO2 Impacts

As discussed in Section 5.2 of Appendix G1 of this Supplement, the requirement to demonstrate

compliance with the 1-hour average NAAQS for NO2 will be satisfied if the 5-year average of the 

maximum 1-hour impact at each receptor for the Project (by itself) is below the 1-hour average 

SIL for NO2. Table 5-16 summarizes the results of the AERMOD modeling analyses that were 

performed to determine the Project’s maximum 1-hour average NO2 impact at each receptor in 

each of the five years. The table shows that the maximum 5-year average of the Project’s 

maximum 1-hour impact at each receptor is above the 1-hour average NO2 SIL. Therefore, for 

the reasons discussed in Sections 5.6 and 5.8 of Appendix G1 of this Supplement, the AERMOD 

modeling results in Table 5-16 necessitated multi-source NOx modeling analyses to demonstrate 

compliance with the 1-hour average NAAQS for NO2.
January 2012 Supplement 5-29 CPV Valley Energy Center

Table 5-16 shows that the largest predicted impacts are attributable to the ancillary equipment 

and the turbine startup and shutdown period operating scenarios. However, the modeling 

results that include the ancillary equipment and the turbine startup and shutdown periods are 

very conservative because they assume that the emission rates associated with those operating 

conditions will occur during every hour of the five year period modeled. In reality, those 

emission rates will only occur during a few dozen or at most a few hundred hours (when the 

emergency equipment is tested and when the turbines are started up and shut down) each year. 

Therefore, the modeling results that are shown for the turbines operating alone are much more 

representative of the actual maximum impacts that can be expected to occur.

5.7.3.3 Project PM-2.5 Impacts

As stated in Section 5.7.1 above, the PM-2.5 concentrations that are needed to assess compliance 

with the 24-hour average PSD increment were not obtainable from the November 2008 

AERMOD model output files, so supplemental modeling analyses have also been performed for 

PM-2.5. Table 5-17 summarizes the initial results of the supplemental AERMOD modeling 

analyses that were performed to demonstrate compliance with the 24-hour average PSD 

increment for PM-2.5. Since the Project’s maximum predicted 24-hour average PM-2.5 impact 

exceeds the corresponding SIL of 1.2 μg/m3, the H2H total impact of the Project plus all other 

PM-2.5 increment affecting sources must be less than the corresponding PSD increment of 9 

μg/m3 (Section 2 of Appendix G1 in this Supplement).

NYSDEC has not received (or deemed complete) any air permit application for a major source 

(or major modification) in the region surrounding the Project since the October 20, 2010 major 

source baseline date (40 CFR 51.166(b)(14)(i)(c)) for PM-2.5, nor has NYSDEC received (or 

deemed complete) any air permit application for a minor source (or modification) in the region 

surrounding the Project since the October 20, 2011 minor source baseline date (40 CFR 

51.166(b)(14)(ii)(c)) for PM-2.5. Since there are no other PM-2.5 PSD increment affecting 

sources in the region surrounding the Project, the compliance demonstration requirement is 

satisfied if the H2H 24-hour and maximum annual average impacts of the Project by itself are 

less than the PM-2.5 PSD increments. Table 5-18 shows that the impacts of the Project by itself 

are well below the corresponding PM-2.5 PSD increments for those averaging periods.

5.7.3.4 Project Pb Impacts

As discussed above (Section 5.7.1) and in Appendix G1 (Section 3) of this Supplement, when that 

Appendix to this Supplement was prepared it was anticipated that the information needed to 

demonstrate compliance with the revised rolling three-month average NAAQS for Pb would be 

available from the AERMOD model output files produced in November 2008. As expected, 
January 2012 Supplement 5-30 CPV Valley Energy Center

those model output files contain sufficient information to demonstrate that the maximum 

impacts of the Project comply with the revised rolling three-month average NAAQS for Pb. The 

November 2008 modeling analyses predicted a maximum 24-hour average Project Pb impact of 

0.009 μg/m3. Since the Project’s maximum impact would be much smaller over a three-month 

averaging period, that maximum impact would be much less than the revised 0.15 μg/m3 Pb 

NAAQS for that averaging period.

5.7.3.5 Cumulative NO2 Impacts

The required cumulative impact modeling analyses for NO2 were conducted in accordance with 

the procedures described above (in Section 5.7.2) and in Appendix G1 of this Supplement. The 

analyses for the refined receptor grid were performed for the two oil firing operating scenarios 

that produced the maximum predicted 1-hour average NOx impacts for the Project turbines

alone in Table 5-16: 1) case SF01, and 2) the warm startup case, and they included the emissions 

of the ancillary sources.

The results of the cumulative impact modeling analyses include the impacts of the Project

emissions, the approved multi-source inventory of all other permitted sources of NOx emissions 

in the region and NO2 background concentrations that reflect the existing ambient air quality in 

the region. The modeling was conducted to demonstrate that the total combined impacts of the 

Project and the other permitted sources in the region, plus the background concentrations, will 

comply with the 1-hour average NAAQS for NO2.

Two sets of cumulative impact modeling analyses were required to determine whether the 

impacts of the Project meet the regulatory requirements for a demonstration of compliance with 

the 1-hour average NO2 NAAQS. The results of the first set of cumulative impact modeling 

analyses demonstrated compliance with the 1-hour average NO2 NAAQS at all but one modeled 

receptor, which is located 4.9 km to the east southeast of the Project in the vicinity of the Al Turi 

landfill LFGTE facility. As such, at all other receptors, the first set of cumulative impact 

modeling analyses demonstrate that the Project will not cause or make a significant contribution 

to any violations of the 1-hour average NO2 NAAQS.

Table 5-19 summarizes the results of the first set of cumulative impact modeling analyses for the 

1-hour average NO2 NAAQS. More specifically, for the one initial receptor where violations were 

predicted, the table shows the source contributions to the maximum total 1-hour average NO2

concentrations for three Project operating scenarios (i.e., the turbines operating alone, the 

turbines plus ancillary equipment and the turbines during startup and shutdown periods) plus 

the approved inventory of nearby permitted sources and the background concentration 

combined. The modeling results in Table 5-19 show that the Project’s contributions to those

maximum predicted total 1-hour average NO2 concentrations are zero or insignificant (i.e., well 
January 2012 Supplement 5-31 CPV Valley Energy Center

below the SIL), as are the Project’s contributions to all other predicted concentrations that 

violate the 1-hour average NO2 NAAQS at that receptor.

The second set of cumulative impact modeling analyses was performed for the area surrounding 

the receptor located in the vicinity of the Al Turi facility, using a refined grid of 441 receptors 

(spaced at 100 meter intervals over the 2 km by 2 km area centered on that facility) as input to 

the model. The second set of cumulative impact modeling analyses shows that the Project does 

not cause or make a significant contribution to any predicted 1-hour average NO2 NAAQS 

violation at any receptor located within the vicinity of the Al Turi facility.

Table 5-20 summarizes the cumulative impact modeling analyses for the receptors located in the 

vicinity of the Al Turi facility. The table shows the results of the cumulative impact modeling 

analyses for the maximum predicted 1-hour average NO2 concentrations at those receptors.1 It 

also shows the maximum predicted 1-hour average NO2 concentrations that are associated with 

the maximum predicted Project contributions to any of the predicted violations of the 1-hour 

average NAAQS at those receptors.

The modeling results in Table 5-20 show that the Project’s contributions to the maximum 

predicted total 1-hour average NO2 concentrations are insignificant (i.e., below the SIL). The 

table also illustrates that the Project makes insignificant contributions to all other predicted 

violations of the 1-hour average NO2 NAAQS at all other receptors located in the vicinity of the 

Al Turi facility.

The modeling results that are summarized in Tables 5-19 and 5-20 show that the Project meets 

the regulatory requirements for a demonstration of compliance with the 1-hour average NO2

NAAQS.

 

1

Per the statistical form of the NAAQS, that maximum predicted 1-hour average concentration is actually the highest 

(from among all the modeled receptors) five-year average of the eighth high daily maximum 1-hour average 

concentrations predicted at each receptor (for each of the five modeled years).
Table 5-14: Multi-Source NOx

 Emission Inventory

DEC ID Facility Name

SOURCE 

ID

Emission 

Point ID

AERMOD 

ID

UTM E 

(km)

UTM N 

(km)

BASE 

ELEVATION 

(m)

EMISSION 

RATE (g/s)

STA

HEIG

(m

3330900064 GENPAK LLC MIDDLETOWN MAIN PLANT USILO1 1 GENPAK 548.463 4586.643 152 0.0562 12.

3333000113 MID-HUDSON PSYCHIATRIC CENTER U10000 0002A PYSC2AB 550.835 4584.057 134 0.791 18.

U10000 0002B PYSC2AB 550.835 4584.057 134 0.791 18.

U10000 0002C PYSC2C 550.835 4584.057 134 0.396 18.

3333000184 AL TURI LANDFILL & LFGTE FACILITY 0U0001 5 TURI05 551.956 4583.902 123 0.596 4.2

0U0003 10 TURI10 551.903 4583.909 131 0.382 12.

0U0001 12 TURI1213 551.997 4583.964 126 0.596 9.1

0U0001 13 TURI1213 551.997 4583.964 126 0.596 9.1

3335200039 BALL METAL BEVERAGE CONTAINER CORP U10100 AAEP1 BALL 553.197 4590.096 160 1.15 14.

3335200145 REVERE SMELTING & REFINING CORP 1SRFKD 1 REV01 553.486 4590.049 157 0.970 61.

10LEAD 2 REV10 553.403 4589.939 158 1.30 30.

4BOILR 15 REVR15 553.522 4590.197 160 0.154 11.

10LEAD 17 REVR17 553.457 4589.992 158 6.30 18.

3335200291 PHILLIPSBURG FACILITY 1PHILL DRUM1 PHIL 554.652 4589.592 140 2.77 9.1

3335200326 ORANGE REGIONAL MEDICAL CENTER U3BLRS B0001 MEDB01 552.846 4588.009 128 0.429 12.

U3BLRS B0002 MEDB02 552.849 4588.008 128 0.429 12.

U3BLRS B0003 MEDB03 552.852 4588.007 128 0.357 12.

3333000037 ORANGE COUNTY SANITARY LANDFILL LDFILL 550.157 4582.252 120 0.0454 6.1

3333800085 MINISINK COMPRESSOR STATION U00001 1 MINI0102 537.500 4576.200 198 0.340 15.

U10002 2 MINI0102 537.500 4576.200 198 0.340 15.

Coordinates refined using Google Earth/GIS imagery for BPIP analysis
Table 5-14: Multi-Source NOx

 Emission Inventory (continued)

Facility Name DEC ID Emission Unit ID Emission Point ID Bldg Width (m) Bldg Le

Genpak 3330900064 USILO1 1 177 24

Mid Hudson Pyschiatric 3333000113 U10000 0002A 12.0 1

3333000113 U10000 0002B 12.0 1

3333000113 U10000 0002C 12.0 1

Al Turi 3333000184 0U0001 5 12.0 2

3333000184 0U0003 10 8.00 1

3333000184 0U0001 12 2.44 1

3333000184 0U0001 13 17.0 2

Ball Metal 3335200039 U10100 AAEP1 134 2

Revere Smelting + Refining 3335200145 4BOILR 15 64.0 1

3335200145 10LEAD 17 31.0 3

Phillipsburg Facility 3335200291 1PHILL DRUM1 12.0 2

Orange Regional Medical 3335200326 U3BLRS B0001 108 1

3335200326 U3BLRS B0002 108 1

3335200326 U3BLRS B0003 108 1

Minisink 3333800085 U00001 1 20.7 2

3333800085 U10002 2 20.7 2
Table 5-15: Maximum Project 1-Hour SO2

 Impacts

Case ID Fuel Turbine Load Ambient Temp (F)

Duct Firing 

(MMBtu/hr) Evap Cooling

Highest 1st High 1-Hour 

SO2 Impact (μg/m3) *

SF01 Oil BASE -5 --- Off 3.84

SF02 Oil 85% -5 --- Off 3.69

SF03 Oil 70% -5 --- Off 3.45

SF04 Oil BASE 51 --- Off 3.45

SF05 Oil 85% 51 --- Off 3.59

SF06 Oil 70% 51 --- Off 3.14

SF07 Oil BASE 90 --- On 3.34

SF08 Oil BASE 90 --- Off 3.23

SF09 Oil 85% 90 --- Off 3.30

SF10 Oil 70% 90 --- Off 2.79

3.91

SUFC Oil 3.43

SUFW Oil 3.43

SUFH Oil 3.43

3.43

3.91

SIL * 7.9

Case ID Fuel Turbine Load Ambient Temp (F)

Duct Firing 

(MMBtu/hr) Evap Cooling

Highest 1st High 1-Hour 

SO2 Impact (μg/m3) *

SG01 Gas BASE -5 --- Off 5.72

SG02 Gas BASE -5 500 Off 7.08

SG03 Gas 80% -5 --- Off 6.39

SG04 Gas 60% -5 --- Off 4.85

SG05 Gas BASE 51 185.37 Off 6.51

SG06 Gas BASE 51 500 Off 7.24

SG07 Gas BASE 51 --- Off 5.67

SG08 Gas 80% 51 --- Off 5.83

SG09 Gas 60% 51 --- Off 4.14

SG10 Gas BASE 90 500 On 7.17

SG11 Gas BASE 90 --- On 5.55

SG12 Gas BASE 90 500 Off 6.74

SG13 Gas BASE 90 --- Off 5.48

SG14 Gas 80% 90 --- Off 5.29

SG15 Gas 60% 90 --- Off 3.72

7.31

SUGC GAS 4.70

SUGW GAS 4.70

SUGH GAS 4.70

4.71

7.31

SIL * 7.9

* Maximum 5-Year Average Impact

Maximum Impact *

Worst case: Turbines plus ancillary sources 

Worst case: Startup emissions plus ancillary sources 

Worst case: Startup emissions plus ancillary sources 

Worst case: Turbines plus ancillary sources 

HOT STARTUP

COLD STARTUP

WARM STARTUP

HOT STARTUP

COLD STARTUP

WARM STARTUP

Maximum Impact *
Table 5-16: Maximum Project 1-Hour NOx

 Impacts

Case ID Fuel Turbine Load Ambient Temp (F)

Duct Firing 

(MMBtu/Hr) Evap Cooling

Highest 1st High 1-Hour 

NOx Impact (μg/m3) *

SF01 Oil BASE -5 --- Off 60.4

SF02 Oil 85% -5 --- Off 57.9

SF03 Oil 70% -5 --- Off 54.5

SF04 Oil BASE 51 --- Off 54.2

SF05 Oil 85% 51 --- Off 56.5

SF06 Oil 70% 51 --- Off 49.4

SF07 Oil BASE 90 --- On 52.6

SF08 Oil BASE 90 --- Off 50.8

SF09 Oil 85% 90 --- Off 52.0

SF10 Oil 70% 90 --- Off 44.0

236

SUFC Oil 110

SUFW Oil 124

SUFH Oil 118

236

236

SIL * 7.5

Case ID Fuel Turbine Load Ambient Temp (F)

Duct Firing 

(MMBtu/Hr) Evap Cooling

Highest 1st High 1-Hour 

NOx Impact (μg/m3) *

SG01 Gas BASE -5 --- Off 19.7

SG02 Gas BASE -5 500 Off 24.7

SG03 Gas 80% -5 --- Off 19.8

SG04 Gas 60% -5 --- Off 16.4

SG05 Gas BASE 51 185.37 Off 22.6

SG06 Gas BASE 51 500 Off 25.3

SG07 Gas BASE 51 --- Off 19.6

SG08 Gas 80% 51 --- Off 18.1

SG09 Gas 60% 51 --- Off 14.2

SG10 Gas BASE 90 500 Off 25.0

SG11 Gas BASE 90 --- Off 19.1

SG12 Gas BASE 90 500 Off 23.0

SG13 Gas BASE 90 --- Off 18.3

SG14 Gas 80% 90 --- Off 16.4

SG15 Gas 60% 90 --- Off 12.8

236

SUGC GAS 48.0

SUGW GAS 55.4

SUGH GAS 51.5

236

236

SIL * 7.5

* Maximum 5-Year Average Impact

Maximum Impact *

Worst case: Turbines plus ancillary sources

Worst case: Turbines plus ancillary sources

Worst case: Startup emissions plus ancillary sources 

HOT STARTUP

COLD STARTUP

COLD STARTUP

WARM STARTUP

HOT STARTUP

WARM STARTUP

Worst case: Startup emissions plus ancillary sources

Maximum Impact *
Table 5-17: Maximum Project 24-hour PM-2.5 Impacts

Case ID Fuel Turbine Load Ambient Temp (F)

Duct Firing 

(MMBtu/hr) Evap Cooling

Highest 1st High PM-2.5 24- 

Hour Impact (μg/m3) *

SF01 Oil BASE -5 --- Off 5.01

SF02 Oil 85% -5 --- Off 5.77

SF03 Oil 70% -5 --- Off 8.74

SF04 Oil BASE 51 --- Off 5.31

SF05 Oil 85% 51 --- Off 6.07

SF06 Oil 70% 51 --- Off 8.22

SF07 Oil BASE 90 --- On 5.30

SF08 Oil BASE 90 --- Off 5.17

SF09 Oil 85% 90 --- Off 5.83

SF10 Oil 70% 90 --- Off 7.25

SUFC Oil n/a

SUFW Oil n/a

SUFH Oil n/a

8.74

SIL * 1.2

Case ID Fuel Turbine Load Ambient Temp (F)

Duct Firing 

(MMBtu/hr) Evap Cooling

Highest 1st High PM-2.5 24- 

Hour Impact (μg/m3) *

SG01 Gas BASE -5 --- Off 1.26

SG02 Gas BASE -5 500 Off 1.85

SG03 Gas 80% -5 --- Off 1.47

SG04 Gas 60% -5 --- Off 1.51

SG05 Gas BASE 51 185.37 Off 1.64

SG06 Gas BASE 51 500 Off 2.09

SG07 Gas BASE 51 --- Off 1.33

SG08 Gas 80% 51 --- Off 1.54

SG09 Gas 60% 51 --- Off 1.44

SG10 Gas BASE 90 500 Off 2.26

SG11 Gas BASE 90 --- Off 1.43

SG12 Gas BASE 90 500 Off 2.01

SG13 Gas BASE 90 --- Off 1.31

SG14 Gas 80% 90 --- Off 1.52

SG15 Gas 60% 90 --- Off 1.38

SUGC GAS n/a

SUGW GAS n/a

SUGH GAS n/a

2.26

SIL * 1.2

* In any of the 5 years modeled

Maximum Impact *

HOT STARTUP

COLD STARTUP

WARM STARTUP

HOT STARTUP

COLD STARTUP

WARM STARTUP

Maximum Impact *
Table 5-18: Maximum Project PM-2.5 PSD Increment Impacts

Case ID Fuel Turbine Load Ambient Temp (F)

Duct Firing 

(MMBtu/hr) Evap Cooling

Highest 2nd High PM2.5 24-Hour Impact 

(μg/m3) *

Highest 1st High 

PM-2.5 Annual 

Impact (μg/m3) *

SF01 Oil BASE -5 --- Off 3.03 0.118

SF02 Oil 85% -5 --- Off 2.89 0.118

SF03 Oil 70% -5 --- Off 3.97 0.118

SF04 Oil BASE 51 --- Off 3.08 0.118

SF05 Oil 85% 51 --- Off 2.82 0.118

SF06 Oil 70% 51 --- Off 3.90 0.118

SF07 Oil BASE 90 --- On 2.76 0.118

SF08 Oil BASE 90 --- Off 2.69 0.118

SF09 Oil 85% 90 --- Off 2.76 0.118

SF10 Oil 70% 90 --- Off 3.82 0.118

SUFC Oil n/a n/a

SUFW Oil n/a n/a

SUFH Oil n/a n/a

3.97 0.118

PSD Increment * 9 4

Case ID Fuel Turbine Load Ambient Temp (F)

Duct Firing 

(MMBtu/hr) Evap Cooling

Highest 2nd High PM2.5 24-Hour Impact 

(μg/m3) *

Highest 1st High 

PM-2.5 Annual 

Impact (μg/m3) *

SG01 Gas BASE -5 --- Off 0.744 0.118

SG02 Gas BASE -5 500 Off 1.11 0.118

SG03 Gas 80% -5 --- Off 0.732 0.118

SG04 Gas 60% -5 --- Off 0.872 0.118

SG05 Gas BASE 51 185.37 Off 0.821 0.118

SG06 Gas BASE 51 500 Off 1.07 0.118

SG07 Gas BASE 51 --- Off 0.686 0.118

SG08 Gas 80% 51 --- Off 0.793 0.118

SG09 Gas 60% 51 --- Off 0.914 0.118

SG10 Gas BASE 90 500 Off 1.06 0.118

SG11 Gas BASE 90 --- Off 0.714 0.118

SG12 Gas BASE 90 500 Off 1.01 0.118

SG13 Gas BASE 90 --- Off 0.689 0.118

SG14 Gas 80% 90 --- Off 0.888 0.118

SG15 Gas 60% 90 --- Off 1.00 0.118

SUGC GAS n/a n/a

SUGW GAS n/a n/a

SUGH GAS n/a n/a

1.11 0.118

PSD Increment * 9 4

* In any of the 5 years modeled

Maximum Impact *

Maximum Impact *

HOT STARTUP

COLD STARTUP

WARM STARTUP

HOT STARTUP

COLD STARTUP

WARM STARTUP
Highest 8th High Predicted NO2

 Concentrations (μg/m3) *

Project Other Sources Background Total

Fuel Oil 0.00 174 67.8 242

Gas 0.00 174 67.8 242

SU-SD 0.00 174 67.8 242

Turbines Plus Ancillary 2.44E-03 174 67.8 242

SIL * 7.50 --- --- ---

NAAQS * --- --- --- 188

* 5-Year Average

Source Contributions to the 

Table 5-19: Cumulative 1-Hour Average NO2 Modeling Results for the

Initial Receptor
Highest 8th High Predicted NO2

 Concentration (μg/m3) *

Project ** Other Sources Background Total

Maximum Total Impact 

(Case ID SF01) 0.0195 236 55.1 291

Maximum Total Impact 

(Warm Startup) 0.0372 236 55.1 291

Maximum Project 

Contribution (Case ID 

SF01)

7.03 114 72.4 193

Maximum Project 

Contribution (Warm 

Startup)

7.16 114 72.4 194

SIL * 7.5 --- --- ---

NAAQS * --- --- --- 188

* 5-Year Average

** for the specified oil firing operating scenarios

Source Contributions to the 

Table 5-20: Cumulative 1-Hour Average NO2 Modeling Results for the 

Refined Receptor Grid