Facility DEC ID: 3334600011

 DEC Permit Conditions

 Renewal 1/Mod 1/DRAFT Page 1

 PERMIT

 Under the Environmental Conservation Law (ECL)

 IDENTIFICATION INFORMATION

Permit Type: Air Title V Facility

Permit ID: 3-3346-00011/00017

 Mod 0 Effective Date: 09/08/2008 Expiration Date: 09/07/2013

 Mod 1 Effective Date: Expiration Date: 

Permit Issued To:DYNEGY NORTHEAST GENERATION INC

 992 RIVER RD

 NEWBURGH, NY 12550

Contact: MARK MCLEAN

 DYNEGY NORTHEAST GENERATION INC

 992 RIVER RD

 NEWBURGH, NY 12550

 (845) 563-4960

Facility: DANSKAMMER GENERATING STATION

 994 RIVER RD

 NEWBURGH, NY 12550

Contact: MARK MCLEAN

 DYNEGY NORTHEAST GENERATION INC

 992 RIVER RD

 NEWBURGH, NY 12550

 (845) 563-4960

Description:

BART Determination. 

Danskammer Unit 4 

NOx: Lowering the existing emission limit from 0.42 lb/mmBtu to 0.12

lb/mmBtu (24-hr avg. during ozone season, 30-day avg. during non-ozone

season) to meet NOx RACT/BART. Effective 7/1/2014. 

SO2: Lowering the existing emission limit from 1.1 lb/mmBtu to 0.5 lb/mmBtu

(24-hr avg.). Effective 7/1/2014. 

PM: Lowering existing limit from 0.1 lb/mmBtu to 0.06 lb/mmBtu (1-hr

average) Effective 7/1/2014.
 

Facility DEC ID: 3334600011

 DEC Permit Conditions

 Renewal 1/Mod 1/DRAFT Page 2

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: KENNETH R GRZYB

 NYSDEC REGION 3

 21 S PUTT CORNERS RD

 NEW PALTZ, NY 12561

Authorized Signature: _________________________________ 

Date: ___ / ___ / _____
 

Facility DEC ID: 3334600011

 DEC Permit Conditions

 Renewal 1/Mod 1/DRAFT Page 3

 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.
 

Facility DEC ID: 3334600011

 DEC Permit Conditions

 Renewal 1/Mod 1/DRAFT Page 4

 LIST OF CONDITIONS

 

 DEC GENERAL CONDITIONS

 General Provisions

 Facility Inspection by the Department

 Relationship of this Permit to Other Department Orders and

 Determinations

 Applications for permit renewals, modifications and transfers

 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: 3334600011

 DEC Permit Conditions

 Renewal 1/Mod 1/DRAFT Page 5

 DEC GENERAL CONDITIONS

 **** General Provisions  

 For the purpose of your Title V permit, the following section contains

 state-only enforceable terms and conditions.

 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 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

submitted prior to actual transfer of ownership.
 

Facility DEC ID: 3334600011

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 Renewal 1/Mod 1/DRAFT Page 6

Condition 1-1: Permit modifications, suspensions or revocations by the

Department

 Applicable State Requirement: 6 NYCRR 621.13

Item 1-1.1:

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 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

 Division of Environmental Permits

 21 South Putt Corners Road

 New Paltz, NY 12561-1696

 (845) 256-3054
 

Facility DEC ID: 3334600011

 DEC Permit Conditions

 Renewal 1/Mod 1/DRAFT Page 7
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 1 DRAFT

 Permit Under the Environmental Conservation Law (ECL)

 ARTICLE 19: AIR POLLUTION CONTROL - TITLE V PERMIT

 IDENTIFICATION INFORMATION

Permit Issued To:DYNEGY NORTHEAST GENERATION INC

 992 RIVER RD

 NEWBURGH, NY 12550

Facility: DANSKAMMER GENERATING STATION

 994 RIVER RD

 NEWBURGH, NY 12550

Authorized Activity By Standard Industrial Classification Code:

 4911 - ELECTRIC SERVICES

Permit Effective Date: Permit Expiration Date: 
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 2 DRAFT

 LIST OF CONDITIONS

 

 FEDERALLY ENFORCEABLE CONDITIONS

 Facility Level

 1-1 6 NYCRR 201-6.5 (a) (7): Fees

 1-2 6 NYCRR 215.2: Open Fires - Prohibitions

 1-3 6 NYCRR 202-1.1: Required Emissions Tests

 25 6 NYCRR Subpart 201-6: Emission Unit Definition

 1-4 6 NYCRR 211.1: Air pollution prohibited

 Emission Unit Level

 60 6 NYCRR Subpart 201-6: Process Definition By Emission Unit

 EU=U-D0004

 1-5 6 NYCRR 202-1.1: Required emission tests

 1-6 6 NYCRR 249.3 (a): Compliance Certification

 1-7 6 NYCRR 249.3 (a): Compliance Certification

 1-8 6 NYCRR 249.3 (a): Compliance Certification

 1-9 6 NYCRR 249.3 (a): Compliance Certification

 1-10 6 NYCRR 249.3 (f): Compliance Certification

 STATE ONLY ENFORCEABLE CONDITIONS

 Facility Level

 68 ECL 19-0301: Contaminant List

 1-11 6 NYCRR 201-1.4: Unavoidable noncompliance and violations

 1-12 6 NYCRR 211.2: Visible Emissions Limited

 72 : Recordkeeping and Reporting Requirements

 73 : Authorization and responsibilities of the NOx authorized account 

 representative to be included in existing permits.

 74 : Compliance Demonstration

 75 : Submission of NOx allowance transfers

 76 : Compliance Demonstration

 77 : Record keeping and Reporting Requirements

 78 : Submissions to the Department

 79 : Compliance Demonstration

 80 : Submission of SO2 allowance transfers

 81 : Monitoring and Reporting requirments
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

 Air Pollution Control Permit Conditions

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 FEDERALLY ENFORCEABLE CONDITIONS

 ** ** Facility Level  

 NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS

 The items listed below are not subject to the annual compliance certification

 requirements under Title V. Permittees may also have other obligations

 under regulations of general applicability.

Item A: 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.

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

 upset provision contained in any applicable requirement.

Item B: Public Access to Recordkeeping for Title V Facilities - 6

 NYCRR 201-1.10 (b)

 The Department will make available to the public any 

 permit application, compliance plan, permit, and 

 monitoring and compliance certification report pursuant to

 Section 503(e) of the Act, except for information entitled

 to confidential treatment pursuant to 6 NYCRR Part 616 - 

 Public Access to records and Section 114(c) of the Act.
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

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Item C: Timely Application for the Renewal of Title V Permits - 6

 NYCRR 201-6.3 (a) (4)

 Owners and/or operators of facilities having an issued 

 Title V permit shall submit a complete application at 

 least 180 days, but not more than eighteen months, prior 

 to the date of permit expiration for permit renewal 

 purposes.

Item D: Certification by a Responsible Official - 6 NYCRR 201-6.3

 (d) (12)

 Any application, form, report or compliance certification

 required to be submitted pursuant to the federally 

 enforceable portions of this permit shall contain a 

 certification of truth, accuracy and completeness by a 

 responsible official. This certification shall state that 

 based on information and belief formed after reasonable 

 inquiry, the statements and information in the document 

 are true, accurate, and complete.

Item E: Requirement to Comply With All Conditions - 6 NYCRR 

 201-6.5 (a) (2)

 The permittee must comply with all conditions of the 

 Title V facility permit. Any permit non-compliance 

 constitutes a violation of the Act and is grounds for 

 enforcement action; for permit termination, revocation and

 reissuance, or modification; or for denial of a permit 

 renewal application.

Item F: Permit Revocation, Modification, Reopening, Reissuance or

 Termination, and Associated Information Submission 

 Requirements - 6 NYCRR 201-6.5 (a) (3)

 This permit may be modified, revoked, reopened and 

 reissued, or terminated for cause. The filing of a request

 by the permittee for a permit modification, revocation and

 reissuance, or termination, or of a notification of 

 planned changes or anticipated noncompliance does not stay

 any permit condition.

Item G: Cessation or Reduction of Permitted Activity Not a 

 Defense - 6 NYCRR 201-6.5 (a) (5)

 It shall not be a defense for a permittee in an 

 enforcement action to claim that a cessation or reduction 

 in the permitted activity would have been necessary in 

 order to maintain compliance with the conditions of this 

 permit.

Item H: Property Rights - 6 NYCRR 201-6.5 (a) (6)

 This permit does not convey any property rights of any 

 sort or any exclusive privilege.
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

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Item I: Severability - 6 NYCRR 201-6.5 (a) (9)

 If any provisions, parts or conditions of this permit are

 found to be invalid or are the subject of a challenge, the

 remainder of this permit shall continue to be valid.

Item J: Permit Shield - 6 NYCRR 201-6.5 (g)

 All permittees granted a Title V facility permit shall be

 covered under the protection of a permit shield, except as

 provided under 6 NYCRR Subpart 201-6. Compliance with the

 conditions of the permit shall be deemed compliance with 

 any applicable requirements as of the date of permit 

 issuance, provided that such applicable requirements are 

 included and are specifically identified in the permit, or

 the Department, in acting on the permit application or 

 revision, determines in writing that other requirements 

 specifically identified are not applicable to the major 

 stationary source, and the permit includes the 

 determination or a concise summary thereof. Nothing herein

 shall preclude the Department from revising or revoking 

 the permit pursuant to 6 NYCRR Part 621 or from exercising

 its summary abatement authority. Nothing in this permit 

 shall alter or affect the following:

 i. The ability of the Department to seek to bring suit

 on behalf of the State of New York, or the Administrator 

 to seek to bring suit on behalf of the United States, to 

 immediately restrain any person causing or contributing to

 pollution presenting an imminent and substantial 

 endangerment to public health, welfare or the environment 

 to stop the emission of air pollutants causing or 

 contributing to such pollution;

 ii. The liability of a permittee of the Title V 

 facility for any violation of applicable requirements 

 prior to or at the time of permit issuance;

 iii. The applicable requirements of Title IV of the 

 Act;

 iv. The ability of the Department or the Administrator

 to obtain information from the permittee concerning the 

 ability to enter, inspect and monitor the facility.

Item K: Reopening for Cause - 6 NYCRR 201-6.5 (i)

 This Title V permit shall be reopened and revised under 

 any of the following circumstances:

 i. If additional applicable requirements under the Act

 become applicable where this permit's remaining term is 
 

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 three or more years, a reopening shall be completed not 

 later than 18 months after promulgation of the applicable 

 requirement. No such reopening is required if the 

 effective date of the requirement is later than the date 

 on which this permit is due to expire, unless the original

 permit or any of its terms and conditions has been 

 extended by the Department pursuant to the provisions of 

 Part 201-6.7 and Part 621.

 ii. The Department or the Administrator determines 

 that the permit contains a material mistake or that 

 inaccurate statements were made in establishing the 

 emissions standards or other terms or conditions of the 

 permit.

 iii. The Department or the Administrator determines 

 that the Title V permit must be revised or reopened to 

 assure compliance with applicable requirements.

 iv. If the permitted facility is an "affected source" 

 subject to the requirements of Title IV of the Act, and 

 additional requirements (including excess emissions 

 requirements) become applicable. Upon approval by the 

 Administrator, excess emissions offset plans shall be 

 deemed to be incorporated into the permit.

 Proceedings to reopen and issue Title V facility permits 

 shall follow the same procedures as apply to initial 

 permit issuance but shall affect only those parts of the 

 permit for which cause to reopen exists.

 Reopenings shall not be initiated before a notice of such

 intent is provided to the facility by the Department at 

 least thirty days in advance of the date that the permit 

 is to be reopened, except that the Department may provide

 a shorter time period in the case of an emergency.

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 
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

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Renewal 1/Mod 1/Changes Only Page 7 DRAFT

 (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.

 MANDATORY FEDERALLY ENFORCEABLE PERMIT CONDITIONS 

 SUBJECT TO ANNUAL CERTIFICATIONS AT ALL TIMES

 The following federally enforceable permit conditions are mandatory for all

 Title V permits and are subject to annual compliance certification 

 requirements at all times.

Condition 1-1: Fees

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 201-6.5 (a) (7)

Item 1-1.1:

The owner and/or operator of a stationary source shall pay fees to the Department consistent

with the fee schedule authorized by ECL 72-0303.

Condition 1-2: Open Fires - Prohibitions

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 215.2

Item 1-2.1: 

Except as allowed by Title 6 NYCRR Section 215.3, no person shall burn, cause, suffer, allow

or permit the burning of any materials in an open fire.

Item 1-2.2

Per Section 215.3, burning in an open fire, provided it is not contrary to other law or regulation,

will be allowed as follows:

(a) On-site burning in any town with a total population less than 20,000 of downed limbs and

branches (including branches with attached leaves or needles) less than six inches in diameter

and eight feet in length between May 15th and the following March 15th. For the purposes of

this subdivision, the total population of a town shall include the population of any village or

portion thereof located within the town. However, this subdivision shall not be construed to

allow burning within any village.

(b) Barbecue grills, maple sugar arches and similar outdoor cooking devices when actually used
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 8 DRAFT

for cooking or processing food.

(c) Small fires used for cooking and camp fires provided that only charcoal or untreated wood is

used as fuel and the fire is not left unattended until extinguished.

(d) On-site burning of agricultural wastes as part of a valid agricultural operation on contiguous

agricultural lands larger than five acres actively devoted to agricultural or horticultural use,

provided such waste is actually grown or generated on those lands and such waste is capable of

being fully burned within a 24-hour period.

(e) The use of liquid petroleum fueled smudge pots to prevent frost damage to crops.

(f) Ceremonial or celebratory bonfires where not otherwise prohibited by law, provided that only

untreated wood or other agricultural products are used as fuel and the fire is not left unattended

until extinguished.

(g) Small fires that are used to dispose of a flag or religious item, and small fires or other smoke

producing process where not otherwise prohibited by law that are used in connection with a

religious ceremony.

(h) Burning on an emergency basis of explosive or other dangerous or contraband materials by

police or other public safety organization.

(i) Prescribed burns performed according to Part 194 of this Title.

(j) Fire training, including firefighting, fire rescue, and fire/arson investigation training,

performed under applicable rules and guidelines of the New York State Department of State's

Office of Fire Prevention and Control. For fire training performed on acquired structures, the

structures must be emptied and stripped of any material that is toxic, hazardous or likely to emit

toxic smoke (such as asbestos, asphalt shingles and vinyl siding or other vinyl products) prior to

burning and must be at least 300 feet from other occupied structures. No more than one structure

per lot or within a 300 foot radius (whichever is bigger) may be burned in a training exercise.

(k) Individual open fires as approved by the Director of the Division of Air Resources as may be

required in response to an outbreak of a plant or animal disease upon request by the

commissioner of the Department of Agriculture and Markets, or for the destruction of invasive

plant and insect species.

(l) Individual open fires that are otherwise authorized under the environmental conservation law,

or by rule or regulation of the Department.

 MANDATORY FEDERALLY ENFORCEABLE PERMIT CONDITIONS 

 SUBJECT TO ANNUAL CERTIFICATIONS ONLY IF APPLICABLE

 The following federally enforceable permit conditions are mandatory for all 

 Title V permits and are subject to annual compliance certification 

 requirements only if effectuated during the reporting period.

 [NOTE: The corresponding annual compliance certification for 

 those conditions not effectuated during the reporting period shall 

 be specified as "not applicable".]

Condition 1-3: Required Emissions Tests

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 202-1.1

Item 1-3.1:

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.
 

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 The following conditions are subject to annual compliance certification 

 requirements for Title V permits only.

Condition 25: Emission Unit Definition

 Effective between the dates of 09/08/2008 and Permit Expiration Date

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 25.1(From Mod 1):

The facility is authorized to perform regulated processes under this permit for:

 Emission Unit: U-D0004 

 Emission Unit Description: 

 DANSKAMMER UNIT #4 IS A 235 MW COMBUSTION 

 ENGINEERING TANGENTIALLY FIRED STEAM 

 GENERATING BOILER. THE UNIT BEGAN 

 COMMERCIAL OPERATION IN 1967 (PRESSURIZED 

 COAL FIRING), BUT WAS CONVERTED TO RESIDUAL

 OIL FIRING IN 1970. THE UNIT OPERATED ON 

 OIL UNTIL A RECONVERSION TO COAL IN 1987. 

 THE UNIT RETAINS THE CAPABILITY TO BURN ALL

 THREE FUELS.

 Building(s): D4

Item 25.2(From Mod 0):

The facility is authorized to perform regulated processes under this permit for:

 Emission Unit: U-D0001 

 Emission Unit Description: 

 DANSKAMMER UNIT #1 IS A 65 MW COMBUSTION 

 ENGINEERING TAGENTIALLY FIRED STEAM 

 GENERATING BOILER. THE UNIT BEGAN 

 COMMERCIAL OPERATION IN 1951 WITH THE 

 ABILITY TO BURN BITUMINOUS COAL AND WAS 

 MODIFIED IN 1971 TO BURN NO 6 OIL AND 

 NATURAL GAS.

 Building(s): D1

Item 25.3(From Mod 0):

The facility is authorized to perform regulated processes under this permit for:

 Emission Unit: U-D0002 

 Emission Unit Description: 

 DANSKAMMER UNIT #2 IS A 65 MW COMBUSTION 

 ENGINEERING TANGENTIALLY FIRED STEAM 

 GENERATING BOILER. THE UNIT BEGAN 

 COMMERCIAL OPERATION IN 1954 WITH THE 
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

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 ABILITY TO BURN NATURAL GAS AND BITUMINOUS 

 COAL AND WAS MODIFIED IN 1971 TO BURN NO 6 

 OIL AND NATURAL GAS.

 Building(s): D2

Item 25.4(From Mod 0):

The facility is authorized to perform regulated processes under this permit for:

 Emission Unit: U-D0003 

 Emission Unit Description: 

 DANSKAMMER UNIT #3 IS A 135 MW COMBUSTION 

 ENGINEERING TANGENTIALLY FIRED STEAM 

 GENERATING BOILER. THE UNIT BEGAN 

 COMMERCIAL OPERATION IN 1959 (BURNING 

 BITUMINOUS COAL), BUT WAS CONVERTED TO 

 RESIDUAL OIL FIRING IN 1971. THE UNIT 

 OPERATED ON OIL UNTIL A RECONVERSION TO 

 COAL IN 1987. THE UNIT RETAINS THE 

 CAPABILITY TO BURN ALL THREE FUELS.

 Building(s): D3/D4

Item 25.5(From Mod 0):

The facility is authorized to perform regulated processes under this permit for:

 Emission Unit: U-D0007 

 Emission Unit Description: 

 EMISSION UNIT #7 IS COMPRISED OF THE 

 FACILITY'S COAL UNLOADING AND HANDLING 

 FACILITIES. COAL IS DELIVERED VIA RAIL AND

 MARINE VESSELS AND OFFLOADED TO A LARGE 

 OUTDOOR STORAGE PILE. THE COAL IS 

 TRANSFERRED FROM THIS ACTIVE PILE (VIA 

 COVERED CONVEYORS) TO COAL CRUSHERS AND 

 MILLS (OPERATED AT NEGATIVE PRESSURE) WHICH

 GRIND THE COAL AND FEED IT DIRECTLY INTO 

 THE FIRING AREAS OF UNITS #3 AND #4. A 

 RESERVE COAL PILE, MAINTAINED BY TRUCK, 

 SERVES AS AN ADDITIONAL SOURCE OF COAL IN 

 CASE OF INTERRUPTIONS IN COAL DELIVERIES OR

 SUPPLY.

 Building(s): D3/D4

Item 25.6(From Mod 0):

The facility is authorized to perform regulated processes under this permit for:

 Emission Unit: U-D0008 

 Emission Unit Description: 

 EMISSION UNIT #8 IS COMPRISED OF THE 

 FACILITY'S FLY AND BOTTOM ASH HANDLING 

 FACILITIES AND SOLID WASTE MANAGEMENT (SWM)

 FACILITY. IN ADDITION TO FLY AND BOTTOM 

 ASH, THE SWM FACILITY IS USED TO DISPOSE OF
 

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 Air Pollution Control Permit Conditions

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 WATER TREATMENT SLUDGES AND PYRITES. 

Condition 1-4: Air pollution prohibited

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 211.1

Item 1-4.1:

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.

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.

 ** ** Emission Unit Level  

Condition 60: Process Definition By Emission Unit

 Effective between the dates of 09/08/2008 and Permit Expiration Date

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 60.1(From Mod 1):

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-D0004

 Process: D40 Source Classification Code: 1-01-004-01

 Process Description: 

 THE COMBUSTION OF NO. 6 OIL. THE HEAT 

 INPUT RATING OF THE BOILER IS 2004 MMBTU/HR

 FOR NO 6 OIL FIRING. PARTICULATE 

 EMISSIONS ARE CONTROLLED BY A COLD SIDE 

 ELECTROSTATIC PRECIPITATOR. EMISSIONS OF 

 NOX ARE REDUCED THROUGH THE USE OF 

 SEPARATED OVERFIRE AIR, "BURNERS OUT OF 

 SERVICE" (BOOS), AND LOW NOX BURNERS.

 Emission Source/Control: SD004 - Combustion 

 Emission Source/Control: CD004 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

Item 60.2(From Mod 1):

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-D0004

 Process: D4C Source Classification Code: 1-01-002-12

 Process Description: 

 THE COMBUSTION OF COAL. THE HEAT INPUT 
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 12 DRAFT

 RATING OF THE BOILER IS 2512 MMBTU/HR FOR 

 COAL FIRING. PARTICULATE EMISSIONS ARE 

 CONTROLLED BY A COLD SIDE ELECTROSTATIC 

 PRECIPITATOR. EMISSIONS OF NOX ARE REDUCED

 THROUGH THE USE OF SEPARATED OVERFIRE AIR, 

 "BURNERS OUT OF SERVICE" (BOOS), AND LOW 

 NOX BURNERS.

 Emission Source/Control: SD004 - Combustion 

 Emission Source/Control: CD004 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

Item 60.3(From Mod 1):

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-D0004

 Process: D4G Source Classification Code: 1-01-006-01

 Process Description: 

 THE COMBUSTION OF NATURAL GAS. THE HEAT 

 INPUT RATING OF THE BOILER IS 2397 MMBTU/HR

 FOR NATURAL GAS FIRING. PARTICULATE 

 EMISSIONS ARE CONTROLLED BY A COLD SIDE 

 ELECTROSTATIC PRECIPITATOR. EMISSIONS OF 

 NOX ARE REDUCED THROUGH THE USE OF 

 SEPARATED OVERFIRE AIR, "BURNERS OUT OF 

 SERVICE" (BOOS), AND LOW NOX BURNERS.

 Emission Source/Control: SD004 - Combustion 

Item 60.4(From Mod 0):

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-D0001

 Process: D10 Source Classification Code: 1-01-004-01

 Process Description: 

 THE COMBUSTION OF NO. 6 OIL. THE HEAT 

 INPUT RATING OF THE BOILER IS 900 MMBTU/HR 

 FOR NO. 6 OIL FIRING. PARTICULATE EMISSIONS

 ARE CONTROLLED BY A COLD SIDE ELECTROSTATIC

 PRECIPITATOR. EMISSIONS OF NOX ARE REDUCED

 THROUGH THE USE OF LOW EXCESS AIR AND 

 COMBUSTION AIR MANIPULATION.

 Emission Source/Control: SD001 - Combustion 

 Emission Source/Control: CD001 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

Item 60.5(From Mod 0):

This permit authorizes the following regulated processes for the cited Emission Unit:
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 13 DRAFT

 Emission Unit: U-D0001

 Process: D1G Source Classification Code: 1-01-006-01

 Process Description: 

 THE COMBUSTION OF NATURAL GAS. THE HEAT 

 INPUT RATING OF THE BOILER IS 900 MMBTU/HR 

 FOR NATURAL GAS FIRING. EMISSIONS OF NOX 

 ARE REDUCED THROUGH THE USE OF LOW EXCESS 

 AIR COMBUSTION AIR MANIPULATION.

 Emission Source/Control: SD001 - Combustion 

Item 60.6(From Mod 0):

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-D0002

 Process: D20 Source Classification Code: 1-01-004-01

 Process Description: 

 THE COMBUSTION OF NO. 6 OIL. THE HEAT 

 INPUT RATING OF THE BOILER IS 900 MMBUT/HR 

 FOR NO 6 OIL FIRING. PARTICULATE EMISSIONS

 ARE CONTROLLED BY A COLD SIDE ELECTROSTATIC

 PRECIPITATOR. EMISSIONS OF NOX ARE REDUCED

 THROUGH THE USE OF COMBUSTION AIR 

 MANIPULATION THROUGH THE WINDBOX.

 Emission Source/Control: SD002 - Combustion 

 Emission Source/Control: CD002 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

Item 60.7(From Mod 0):

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-D0002

 Process: D2G Source Classification Code: 1-01-006-01

 Process Description: 

 THE COMBUSTION OF NATURAL GAS. THE HEAT 

 INPUT RATING OF THE BOILER IS 900 MMBTU/HR 

 FOR NATURAL GAS FIRING. EMISSIONS OF NOX 

 ARE REDUCTED THROUGH THE USE OF LOW EXCESS 

 AIR AND COMBUSTION AIR MANIPULATION.

 Emission Source/Control: SD002 - Combustion 

Item 60.8(From Mod 0):

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-D0003

 Process: D30 Source Classification Code: 1-01-004-01

 Process Description: 

 THE COMBUSTION OF NO. 6 OIL. THE HEAT 

 INPUT RATING OF THE BOILER IS 1034 MMBTU/HR
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 14 DRAFT

 FOR NO 6 OIL FIRING. PARTICULATE 

 EMISSIONS ARE CONTROLLED BY A COLD SIDE 

 ELECTROSTATIC RECIPITATOR. EMISSIONS OF 

 NOX ARE REDUCED THROUGH THE USE OF 

 SEPARATED OVERFIRE AIR, "BURNERS OUT OF 

 SERVICE" (BOOS), AND LOW NOX BURNERS.

 Emission Source/Control: SD003 - Combustion 

 Emission Source/Control: CD003 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

Item 60.9(From Mod 0):

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-D0003

 Process: D3C Source Classification Code: 1-01-002-12

 Process Description: 

 THE COMBUSTION OF COAL. THE HEAT INPUT 

 RATING OF THE BOILER IS 1348 MMBTU/HR FOR 

 COAL FIRING. PARTICULATE EMISSIONS ARE 

 CONTROLLED BY A COLD SIDE ELECTROSTATIC 

 PRECIPITATOR. EMISSIONS OF NOX ARE REDUCED

 THROUGH THE USE OF SEPARATED OVERFIRE AIR, 

 "BURNERS OUT OF SERVICE" (BOOS), AND LOW 

 NOX BURNERS.

 Emission Source/Control: SD003 - Combustion 

 Emission Source/Control: CD003 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

Item 60.10(From Mod 0):

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-D0003

 Process: D3G Source Classification Code: 1-01-006-01

 Process Description: 

 THE COMBUSTION OF NATURAL GAS. THE HEAT 

 INPUT RATING OF THE BOILER IS 1167 MMBTU/HR

 FOR NATURAL GAS FIRING. EMISSIONS OF NOX 

 ARE REDUCED THROUGH THE USE OF SEPARATED 

 OVERFIRE AIR, "BURNERS OUT OF SERVICE" 

 (BOOS), AND LOW NOX BURNERS.

 Emission Source/Control: SD003 - Combustion 

Item 60.11(From Mod 0):

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-D0007

 Process: C01 Source Classification Code: 3-05-010-44
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 15 DRAFT

 Process Description: 

 COAL IS DELIVERED TO THE SITE VIA RAILCARS

 AND/OR MARINE VESSELS. THE COAL IS 

 UNLOADED USING A SERIES OF CONVEYORS AND 

 TRANSFERRED TO THE FACILITY'S ACTIVE 

 STORAGE PILE.

 Emission Source/Control: CD011 - Control 

 Control Type: DUST SUPPRESSION BY WATER SPRAY

 Emission Source/Control: SDHND - Process 

 Design Capacity: 2,200 tons per hour

Item 60.12(From Mod 0):

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-D0007

 Process: C02 Source Classification Code: 3-05-010-43

 Process Description: 

 COAL IS LOADED (DROP LOADED) ON TO THE 

 FACILITY'S ACTIVE AND RESERVE STORAGE PILES

 VIA CONVEYOR BELT AND TRUCKS RESPECTIVELY.

 Emission Source/Control: SDHND - Process 

 Design Capacity: 2,200 tons per hour

Item 60.13(From Mod 0):

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-D0007

 Process: C03 Source Classification Code: 3-05-010-11

 Process Description: 

 COAL IS TRANSFERRED BY BULLDOZER TO 

 CONVEYOR HOPPER AND CONVEYED TO THE COAL 

 CRUSHER.

 Emission Source/Control: SDTRN - Process 

 Design Capacity: 2,000 tons per hour

Item 60.14(From Mod 0):

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-D0007

 Process: C04 Source Classification Code: 3-05-010-17

 Process Description: 

 COAL IS CRUSHED PRIOR TO BEING CONVEYED TO

 STORAGE BUNKERS. FROM THE STORAGE BUNKER 

 THE COAL IS CONVEYED TO COAL MILLS. 

 EMISSIONS FROM BOTH THE STORAGE BUNKERS AND

 CRUSHERS ARE CONTROLLED BY BAGHOUSES 

 (FABRIC FILTERS).
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 16 DRAFT

 Emission Source/Control: CD005 - Control 

 Control Type: FABRIC FILTER

 Emission Source/Control: CD006 - Control 

 Control Type: FABRIC FILTER

 Emission Source/Control: SDCRS - Process 

 Design Capacity: 2,200 tons per hour

 Emission Source/Control: SDSTO - Process 

Item 60.15(From Mod 0):

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-D0008

 Process: F01 Source Classification Code: 3-01-060-10

 Process Description: 

 THE TRANSFER OF ASH FROM THE ELECTROSTATIC

 PRECIPITATORS TO THE STORAGE SILOS.

 Emission Source/Control: CD007 - Control 

 Control Type: FABRIC FILTER

 Emission Source/Control: CD008 - Control 

 Control Type: FABRIC FILTER

 Emission Source/Control: SDVP1 - Process 

 Emission Source/Control: SDVP2 - Process 

Item 60.16(From Mod 0):

This permit authorizes the following regulated processes for the cited Emission Unit:

 Emission Unit: U-D0008

 Process: F02 Source Classification Code: 3-01-060-10

 Process Description: THE STORAGE OF ASH IN THE SILOS.

 Emission Source/Control: CD009 - Control 

 Control Type: FABRIC FILTER

 Emission Source/Control: CD010 - Control 

 Control Type: FABRIC FILTER

 Emission Source/Control: SDSL1 - Process 

 Emission Source/Control: SDSL2 - Process 

Condition 1-5: Required emission tests

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 202-1.1
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 17 DRAFT

Item 1-5.1:

This Condition applies to Emission Unit: U-D0004

Item 1-5.2:

An acceptable report of measured emissions shall be submitted, if requested by the

commissioner, to ascertain compliance or noncompliance with any air pollution code, rule,

or regulation.

Condition 1-6: Compliance Certification

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 1-6.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-D0004

 Regulated Contaminant(s):

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

Item 1-6.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 Effective 7/1/2014

 0.12 lb/mmBTU (30 day average during the non-ozone 

 season).

Manufacturer Name/Model Number: CEM

Upper Permit Limit: 0.12 pounds per million Btus

Reference Test Method: EPA Approved

Monitoring Frequency: CONTINUOUS

Averaging Method: 30-DAY AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

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

Condition 1-7: Compliance Certification

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 1-7.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-D0004

 Regulated Contaminant(s):
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 18 DRAFT

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 1-7.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 Effective 7/1/2014

 0.5 lb/mmBTU (24-hour average).

Manufacturer Name/Model Number: CEM

Upper Permit Limit: 0.5 pounds per million Btus

Reference Test Method: EPA Approved

Monitoring Frequency: CONTINUOUS

Averaging Method: 24 HOUR DAILY AVERAGE (ARITHMETIC 

 MEAN)

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

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

Condition 1-8: Compliance Certification

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 1-8.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-D0004

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 1-8.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 Effective 7/1/2014

0.07 lb/mmBTU

Upper Permit Limit: 0.06 pounds per million Btus

Reference Test Method: method 5

Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 1-9: Compliance Certification

 Effective for entire length of Permit
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 19 DRAFT

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 1-9.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-D0004

 Regulated Contaminant(s):

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

Item 1-9.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 Effective 7/1/2014

 0.12 lb/mmBTU (24-hour average during the ozone season).

Manufacturer Name/Model Number: CEM

Upper Permit Limit: 0.12 pounds per million Btus

Reference Test Method: EPA Approved

Monitoring Frequency: CONTINUOUS

Averaging Method: 24 HOUR DAILY AVERAGE (ARITHMETIC 

 MEAN)

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

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

Condition 1-10: Compliance Certification

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 249.3 (f)

Item 1-10.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-D0004

Item 1-10.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The emission limits in this permit for NOx, SO2, and/or 

 PM10 established under Part 249 are based on New York's 

 Best Available Retrofit Technology (BART) Rule (6 NYCRR 

 Part 249), are effective on the date of this permit's 

 issuance, and are state-enforceable. Federal 

 enforceability of these facility-specific requirements is 

 effective on the date on which these emission limits, as 

 submitted to EPA as a revision to New York State's 
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 20 DRAFT

 Implementation Plan for Regional Haze, are published in 

 the Federal Register.

Monitoring Frequency: SEMI-ANNUALLY

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

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

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 21 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: 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 applicable requirements and are not subject to 

compliance certification requirements unless otherwise noted or required 

 under 6 NYCRR Part 201.

Condition 68: Contaminant List

 Effective between the dates of 09/08/2008 and Permit Expiration Date

 Applicable State Requirement:ECL 19-0301

Item 68.1:

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

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

 CAS No: 007439-97-6

 Name: MERCURY
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 22 DRAFT

 CAS No: 007446-09-5

 Name: SULFUR DIOXIDE

 CAS No: 0NY075-00-0

 Name: PARTICULATES

 CAS No: 0NY210-00-0

 Name: OXIDES OF NITROGEN

Condition 1-11: Unavoidable noncompliance and violations

 Effective for entire length of Permit

 Applicable State Requirement:6 NYCRR 201-1.4

Item 1-11.1:

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

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
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 23 DRAFT

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 1-12: Visible Emissions Limited

 Effective for entire length of Permit

 Applicable State Requirement:6 NYCRR 211.2

Item 1-12.1:

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 72: Recordkeeping and Reporting Requirements

 Effective between the dates of 09/08/2008 and Permit Expiration Date

 Applicable State Requirement:

 Expired by Mod 1

Item 72.1:

Unless otherwise provided, the owners and operators of the NOx budget source and each NOx

budget unit at the source shall keep on site at the source each of the following documents for a

period of 5 years from the date the document is created. This period may be extended for cause,

at any time prior to the end of 5 years, in writing by the department:

1) The account certificate of representation for the NOx authorized account representative for

the source and each NOx budget unit at the source and all documents that demonstrate the truth

of the statements in the account certificate of representation, in accordance with NYCRR

237-2.4; provided that the certificate and documents shall be retained on site at the source

beyond such 5-year period until such documents are superseded because of the submission of a

new account certificate of representation changing the NOx authorized account representative.

2) All emissions monitoring information, in accordance with NYCRR 237-8.

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

or required under the ADR NOx Budget Trading Program.

4)Copies of all documents used to complete a NOx budget permit application and any other

submission under the ADR NOx Budget Trading Program or to demonstrate compliance with the

requirements of the ADR NOx Budget Trading Program.

The NOx authorized account representative of a NOx budget source and each NOx budget unit

at the source shall submit the reports and compliance certifications required under the ADR NOx
 

Permit ID: 3-3346-00011/00017 Facility DEC ID: 3334600011

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Renewal 1/Mod 1/Changes Only Page 24 DRAFT

Budget Trading Program, including those under NYCRR 237-4, 237-8, or 237-9.

Condition 73: Authorization and responsibilities of the NOx authorized 

 account representative to be included in existing 

 permits.

 Effective between the dates of 09/08/2008 and Permit Expiration Date

 Applicable State Requirement:

 Expired by Mod 1

Item 73.1: Except as provided under NYCRR 237-2.2, each NOx budget source,

including all NOx budget units at the source, shall have one and only one NOx authorized

account representative, with regard to all matters under the Acid Deposition Reduction (ADR)

NOx Budget Trading Program concerning the source or any NOx budget unit at the source.

 The NOx authorized account representative of the NOx budget source shall be selected by an

agreement binding on the owners and operators of the source and all NOx budget units at the

source. 

 Upon receipt by the department or its agent of a complete account certificate of

representation under NYCRR 237-2.4, the NOx authorized account representative of the source

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

each owner and operator of the NOx budget source represented and each NOx budget unit at the

source in all matters pertaining to the ADR NOx Budget Trading Program, not withstanding any

agreement between the NOx authorized account representative and such owners and operators.

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

account representative by the department or a court regarding the source or unit.

 

 Each submission under the ADR NOx Budget Trading Program shall be submitted, signed,

and certified by the NOx authorized account representative for each NOx budget source on

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

certification statement by the NOx authorized account representative: "I am authorized to make

this submission on behalf of the owners and operators of the NOx budget sources or NOx budget

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."

Condition 74: Compliance Demonstration

 Effective between the dates of 09/08/2008 and Permit Expiration Date

 Applicable State Requirement:

 Expired by Mod 1

Item 74.1:

The Compliance Demonstration activity will be performed for the Facility.

Item 74.2:

Compliance Demonstration shall include the following monitoring:
 

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Renewal 1/Mod 1/Changes Only Page 25 DRAFT

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 For each control period in which one or more NOx budget 

 units at a source are subject to the NOx budget emissions 

 limitation, the NOx authorized account representative of 

 the source shall submit to the department by the September

 30 following the relevant control period, a compliance 

 certification report for each source covering all such 

 units.

 The NOx authorized account representative shall include in

 the compliance certification report the following 

 elements, in a format prescribed by the department, 

 concerning each unit at the source and subject to the NOx 

 budget emissions limitation for the control period covered

 by the report:

 (1) identification of each NOx budget unit;

 (2) except in instances when the NOx budget unit seeks to 

 use future control period NOx allowances which may be 

 deducted pursuant to NYCRR 237-6.5(f), at the NOx 

 authorized account representative's option, the serial 

 numbers of the NOx allowances that are to be deducted from

 each unit's compliance account under NYCRR 237-6.5 for the

 control period;

 (3) at the NOx authorized account representative's option,

 for units sharing a common stack and having NOx emissions 

 that are not monitored separately or apportioned in 

 accordance with NYCRR 237-8, the percentage of NOx 

 allowances that is to be deducted from each unit's 

 compliance account under NYCRR 237-6.5(e); 

 (4) for units using future control period allowances for 

 compliance purposes pursuant to NYCRR 237-6.5(f), the 

 statement of intent and report required under NYCRR 

 237-6.5(f)(2); and

 (5) the compliance certification under NYCRR 237-4(c).

 In the compliance certification report the NOx authorized

 account representative shall certify, based on reasonable 

 inquiry of those persons with primary responsibility for 

 operating the source and the NOx budget units at the 

 source in compliance with the Acid Deposition Reduction 

 (ADR) NOx Budget Trading Program, whether each NOx budget 

 unit for which the compliance certification is submitted 

 was operated during the calendar year covered by the 

 report in compliance with the requirements of the ADR NOx 

 Budget Trading Program applicable to the unit, 
 

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 including:

 (a) whether the unit was operated in compliance with the 

 NOx budget emissions limitation;

 (b) whether the monitoring plan that governs the unit has 

 been maintained to reflect the actual operation and 

 monitoring of the unit, and contains all information 

 necessary to attribute NOx emissions to the unit, in 

 accordance with NYCRR 237-8;

 (c) whether all the NOx emissions from the unit, or a 

 group of units (including the unit) using a common stack, 

 were monitored or accounted for through the missing data 

 procedures and reported in the quarterly monitoring 

 reports, including whether conditional data were reported 

 in the quarterly reports in accordance with NYCRR 237-8. 

 If conditional data were reported, the owner or operator 

 shall indicate whether the status of all conditional data 

 has been resolved and all necessary quarterly report 

 resubmissions have been made;

 (d) whether the facts that form the basis for 

 certification under NYCRR 237-8 of each monitor at the 

 unit or a group of units (including the unit) using a 

 common stack, or for using an excepted monitoring method 

 or alternative monitoring method approved under NYCRR 

 237-8, if any, has changed; and

 (e) if a change is required to be reported in (4) above, 

 specify the nature of the change, the reason for the 

 change, when the change occurred, and how the unit's 

 compliance status was determined subsequent to the change,

 including what method was used to determine emissions when

 a change mandated the need for monitor recertification.

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 75: Submission of NOx allowance transfers

 Effective between the dates of 09/08/2008 and Permit Expiration Date

 Applicable State Requirement:

 Expired by Mod 1

Item 75.1:

The NOx authorized account representatives seeking recordation of a NOx allowance transfer

shall submit the transfer to the department or its agent. To be considered correctly submitted, the

NOx allowance transfer shall include the following elements in a format specified by the

department or its agent:

(a) the numbers identifying both the transferor and transferee accounts;
 

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(b) a specification by serial number of each NOx allowance to be transferred; and

(c) the printed name and signature of the NOx authorized account representative of the transferor

account and the date signed.

Condition 76: Compliance Demonstration

 Effective between the dates of 09/08/2008 and Permit Expiration Date

 Applicable State Requirement:

 Expired by Mod 1

Item 76.1:

The Compliance Demonstration activity will be performed for the Facility.

Item 76.2:

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 NOx authorized account representative of a NOx budget 

 unit, shall comply with the monitoring and reporting 

 requirements as provided in this NYCRR 237-8 and in 

 Subpart H of 40 CFR part 75. For purposes of complying 

 with such requirements, the definitions in NYCRR 237-1.2 

 and in 40 CFR 72.2 shall apply, and the terms "affected 

 unit," and "designated representative" in 40 CFR part 75 

 shall be replaced by the terms "NOx budget unit," and "NOx

 authorized account representative," respectively, as 

 defined in section 237-1.2. 

 For any NOx budget unit which is also a NOx budget unit 

 under Part 204 of this title, prior or contemporaneous 

 timely submissions in compliance with the requirements of 

 Subpart 204-8 may, when appropriate, be summarily 

 referenced by the owners and operators of the NOx budget 

 unit in order to demonstrate compliance with the 

 requirements of this Subpart:

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 77: Record keeping and Reporting Requirements

 Effective between the dates of 09/08/2008 and Permit Expiration Date

 Applicable State Requirement:

 Expired by Mod 1

Item 77.1:

Unless otherwise provided, the owners and operators of the SO2 budget source and each SO2
 

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budget unit at the source shall keep on site or at a site approved by the Department each of the

following documents for a period of 5 years from the date the document is created. This period

may be extended for cause, at any time prior to the end of 5 years, in writing by the department.

The account certificate of representation for the SO2 authorized account representative for the

source and each SO2 budget unit at the source and all documents that demonstrate the truth of

the statements in the account certificate of representation, in accordance with NYCRR 238-2.4;

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

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

certificate of representation changing the SO2 authorized account representative;

All emissions monitoring information, in accordance with NYCRR 238-8;

Copies of all reports, compliance certifications, and other submissions and all records made or

required under the ADR SO2 Budget Trading Program;

Copies of all documents used to complete an SO2 budget permit application and any other

submission under the ADR SO2 Budget Trading Program or to demonstrate compliance with the

requirements of the ADR SO2 Budget Trading Program;

The SO2 authorized account representative of an SO2 budget source and each SO2 budget unit

at the source shall submit the reports and compliance certifications required under the ADR SO2

Budget Trading Program, including those under NYCRR 238-4, or 238-8.

Condition 78: Submissions to the Department

 Effective between the dates of 09/08/2008 and Permit Expiration Date

 Applicable State Requirement:

 Expired by Mod 1

Item 78.1:

Each submission under the Acid Depositiion Reduction (ADR) SO2 Budget Trading Program

shall be submitted, signed, and certified by the SO2 authorized account representative for each

SO2 budget source on behalf of which the submission is made. Each such submission shall

include the following certification statement by the SO2 authorized account representative: 

"I am authorized to make this submission on behalf of the owners and operators of the SO2

budget sources or SO2 budget 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." 

Condition 79: Compliance Demonstration

 Effective between the dates of 09/08/2008 and Permit Expiration Date

 Applicable State Requirement:

 Expired by Mod 1
 

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Item 79.1:

The Compliance Demonstration activity will be performed for the Facility.

Item 79.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 For each control period in which one or more SO2 budget 

 units at a source are subject to the SO2 budget emissions 

 limitation, the SO2 authorized account representative of 

 the source shall submit to the Department by the March 1 

 following the relevant control period, a compliance 

 certification report for each source covering all such 

 units; as per NYCRR 238-4.

 The SO2 authorized account representative shall include in

 the compliance certification the following elements, in a

 format prescribed by the department, concerning each unit 

 at the source and subject to the SO2 budget emissions 

 limitation for the control period covered by the 

 report:

 (1) identification of each SO2 budget unit;

 (2) except in instances when the SO2 budget unit seeks to 

 use future control period SO2 allowances which may be 

 deducted pursuant to NYCRR 238-6.5(f), at the SO2 

 authorized account representative's option, the serial 

 numbers of the SO2 allowances that are to be deducted from

 each unit's compliance account under NYCRR 238-6.5 for the

 control period;

 (3) at the SO2 authorized account representative's option,

 for units sharing a common stack and having SO2 emissions 

 that are not monitored separately or apportioned in 

 accordance with NYCRR 238-8, the percentage of SO2 

 allowances that is to be deducted from each unit's 

 compliance account under NYCRR 238-6.5(e); 

 (4) for units using future control period allowances for 

 compliance purposes pursuant to NYCRR 238-6.5(f), the 

 statement of intent and report required under NYCRR 

 238-6.5(f)(2); and

 (5) the compliance certification under NYCRR 

 238-4.1(c).

 In the compliance certification report, the SO2 authorized

 account representative shall certify, based on reasonable 

 inquiry of those persons with primary responsibility for 

 operating the source and the SO2 budget units at the 
 

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 source in compliance with the ADR SO2 Budget Trading 

 Program, whether each SO2 budget unit for which the 

 compliance certification is submitted was operated during 

 the calendar year covered by the report in compliance with

 the requirements of the ADR SO2 Budget Trading Program 

 applicable to the unit, including:

 (a) whether the unit was operated in compliance with the 

 SO2 budget emissions limitation;

 (b) whether the monitoring plan that governs the unit has 

 been maintained to reflect the actual operation and 

 monitoring of the unit, and contains all information 

 necessary to attribute SO2 emissions to the unit, in 

 accordance with Subpart 238-8;

 (c) whether all the SO2 emissions from the unit, or a 

 group of units (including the unit) using a common stack, 

 were monitored or accounted for through the missing data 

 procedures and reported in the quarterly monitoring 

 reports, including whether conditional data were reported 

 in the quarterly reports in accordance with Subpart 238-8.

 If conditional data were reported, the owner or operator 

 shall indicate whether the status of all conditional data 

 has been resolved and all necessary quarterly report 

 resubmissions have been made;

 (d) whether the facts that form the basis for 

 certification under Subpart 238-8 of each monitor at the 

 unit or a group of units (including the unit) using a 

 common stack, or for using an excepted monitoring method 

 or alternative monitoring method approved under Subpart 

 238-8, if any, has changed; and

 (e) if a change is required to be reported under (4) 

 above, specify the nature of the change, the reason for 

 the change, when the change occurred, and how the unit's 

 compliance status was determined subsequent to the change,

 including what method was used to determine emissions when

 a change mandated the need for monitor 

 recertification.

 

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 80: Submission of SO2 allowance transfers

 Effective between the dates of 09/08/2008 and Permit Expiration Date

 Applicable State Requirement:
 

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Renewal 1/Mod 1/Changes Only Page 31 DRAFT

 Expired by Mod 1

Item 80.1:

The SO2 authorized account representatives seeking recordation of an SO2 allowance transfer

shall submit the transfer to the department or its agent. To be considered correctly submitted, the

SO2 allowance transfer shall include the following elements in a format specified by the

department or its agent:

(a) the numbers identifying both the transferor and transferee accounts;

(b) a specification by serial number of each SO2 allowance to be transferred; and

(c) the printed name and signature of the SO2 authorized account representative of the transferor

account and the date signed.

Condition 81: Monitoring and Reporting requirments

 Effective between the dates of 09/08/2008 and Permit Expiration Date

 Applicable State Requirement:

 Expired by Mod 1

Item 81.1: The owners and operators, and to the extent applicable, the SO2 authorized

account representative of an SO2 budget unit, shall comply with the monitoring and reporting

requirements as provided for in all applicable sections of 40 CFR part 75. For purposes of

complying with such requirements, the definitions in NYCRR 238-1.2 and in 40 CFR 72.2 shall

apply, and the terms "affected unit," and "designated representative" in 40 CFR part 75 shall be

replaced by the terms "SO2 budget unit," and "SO2 authorized account representative,"

respectively, as defined in NYCRR 238-1.2. 
 

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