Facility DEC ID: 7351200030

 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: 7-3512-00030/00023

 Mod 0 Effective Date: 05/17/2010 Expiration Date: 05/16/2015

 Mod 1 Effective Date: Expiration Date: 

Permit Issued To:OSWEGO HARBOR POWER LLC

 261 WASHINGTON BLVD

 OSWEGO, NY 13126

Contact: MARION GREENHALGH

 OSWEGO HARBOR POWER LLC

 261 WASHINGTON BLVD

 OSWEGO, NY 13126-1751

 (315) 349-2365

Facility: OSWEGO HARBOR POWER

 261 WASHINGTON BLVD

 OSWEGO, NY 13126

Contact: MARION GREENHALGH

 OSWEGO HARBOR POWER LLC

 261 WASHINGTON BLVD

 OSWEGO, NY 13126-1751

 (315) 349-2365

Description:

Mod 1 - This permit action adds permit conditions for 6NYCRR Part 249 (Best Available

Retrofit Technology - BART for NOx, SO2, and PM-10) requirements and changes necessary to

meet the updated 6NYCRR Part 227-2 (NOx Reasonably Available Control Technology RACT)

requirements. Also, Unit 3 can no longer operate and has been removed from the permit.

Additionally, conditions regaeding the burning of waste fuel have been removed to reflect the

end of that capability at the facility.

Oswego Harbor Power is an electric power producer and includes the following equipment:

1. Unit 5 - (Emission Unit 5) This unit is capable of firing natural gas or oil, and its maximum

heat input is 7,840 mmBTU/hr.

2. Unit 6 - (Emission Unit 6) This unit is capable of firing natural gas or oil, and its maximum

heat input is 7,840 mmBTU/hr.

3. Unit 9 - (Emission Unit 9) This unit is a package boiler capable of firing natural gas or oil

(residual or distillate). The maximum heat input is 78.3 mmBTU/hr firing natural gas and 74.9

mmBTU/hr firing oil.
 

Facility DEC ID: 7351200030

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 Renewal 1/Mod 1/DRAFT Page 2

4. Unit 10 - (Emission Unit 10) This unit is a package boiler used for station heating capable of

firing natural gas or distillate oil. The maximum heat input is 90.5 mmBTU/hr.

5. The facility has four residual oil storage tanks with a capacity of 16,254,000 gallons each.

6. The facility operates a lime feeder at the water treatment plant.

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: ELIZABETH A TRACY

 615 ERIE BLVD WEST

 SYRACUSE, NY 13204-2400

Authorized Signature: _________________________________ Date: ___ / ___ / _____
 

Facility DEC ID: 7351200030

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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.
 

Facility DEC ID: 7351200030

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 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

 Permit modifications, suspensions or revocations by the Department

 Facility Level

 Submission of application for permit modification or

 renewal-REGION 7 HEADQUARTERS
 

Facility DEC ID: 7351200030

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 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
 

Facility DEC ID: 7351200030

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submitted prior to actual transfer of ownership.

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 5: Permit modifications, suspensions or revocations by the Department

 Applicable State Requirement: 6 NYCRR 621.13

Item 5.1:

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.

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
 

Facility DEC ID: 7351200030

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 Renewal 1/Mod 1/DRAFT Page 7

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

the permitted activity.

 ** ** Facility Level  

Condition 6: Submission of application for permit modification or renewal-REGION 7 

 HEADQUARTERS

 Applicable State Requirement: 6 NYCRR 621.6 (a)

Item 6.1:

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

 NYSDEC Regional Permit Administrator 

 Region 7 Headquarters

 Division of Environmental Permits

 615 Erie Blvd West

 Syracuse, NY 13204-2400

 (315) 426-7400
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 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:OSWEGO HARBOR POWER LLC

 261 WASHINGTON BLVD

 OSWEGO, NY 13126

Facility: OSWEGO HARBOR POWER

 261 WASHINGTON BLVD

 OSWEGO, NY 13126

Authorized Activity By Standard Industrial Classification Code:

 4911 - ELECTRIC SERVICES

Permit Effective Date: Permit Expiration Date: 
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

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 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

 23 6 NYCRR Subpart 201-6: Emission Unit Definition

 1-4 6 NYCRR 211.1: Air pollution prohibited

 Emission Unit Level

 47 6 NYCRR Subpart 201-6: Process Definition By Emission Unit

 48 6 NYCRR Subpart 201-7: Emission Unit Permissible Emissions

 EU=U-00005

 1-5 6 NYCRR 227-2.6: Compliance Certification

 1-6 6 NYCRR 227-2.6: 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 (a): Compliance Certification

 1-11 6 NYCRR 249.3 (f): Compliance Certification

 EU=U-00005,Proc=P53

 55 : Compliance Certification

 56 : Compliance Certification

 EU=U-00006

 1-12 6 NYCRR 227-2.6: Compliance Certification

 1-13 6 NYCRR 227-2.6: Compliance Certification

 1-14 6 NYCRR 249.3 (a): Compliance Certification

 1-15 6 NYCRR 249.3 (a): Compliance Certification

 1-16 6 NYCRR 249.3 (a): Compliance Certification

 1-17 6 NYCRR 249.3 (a): Compliance Certification

 1-18 6 NYCRR 249.3 (f): Compliance Certification

 EU=U-00006,Proc=P63

 68 : Compliance Certification

 69 : Compliance Certification

 STATE ONLY ENFORCEABLE CONDITIONS

 Facility Level

 93 ECL 19-0301: Contaminant List

 1-19 6 NYCRR 211.2: Visible Emissions Limited

 Emission Unit Level

 EU=U-00005

 1-20 6 NYCRR 227-2.5 (b): Compliance Demonstration

 1-21 6 NYCRR 227-2.5 (c): Compliance Demonstration

 1-22 6 NYCRR 227-2.5 (c): Compliance Demonstration
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

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 EU=U-00006

 1-23 6 NYCRR 227-2.5 (b): Compliance Demonstration

 1-24 6 NYCRR 227-2.5 (c): Compliance Demonstration

 1-25 6 NYCRR 227-2.5 (c): Compliance Demonstration

 EU=U-00009

 1-26 6 NYCRR 227-2.5 (c): Compliance Demonstration

 EU=U-00010

 1-27 6 NYCRR 227-2.5 (c): Compliance Demonstration
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

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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: 7-3512-00030/00023 Facility DEC ID: 7351200030

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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.
 

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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: 7-3512-00030/00023 Facility DEC ID: 7351200030

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 (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
 

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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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 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 10 DRAFT

 The following conditions are subject to annual compliance certification 

 requirements for Title V permits only.

Condition 23: Emission Unit Definition

 Effective between the dates of 05/17/2010 and Permit Expiration Date

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 23.1(From Mod 1):

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

 Emission Unit: U-00005 

 Emission Unit Description: 

 Emission Unit U00005 consists of one steam generator, 

 Unit 5, a Foster Wheeler boiler that supplies steam to a 

 850 MW turbine. Unit 5 fires 1.5 wt% sulfur residual oil 

 (the federally-enforceable limit is 2.0 wt% sulfur 

 residual oil). Beginning January 1, 2014 the BART sulfur 

 limit will be 0.75 wt% (0.80 lb SO2/mmBtu). Particulate 

 emissions are controlled with an electrostatic 

 precipitator (S005C). NOx emissions are controlled with 

 overfire air and flue gas recirculation. Flue gas from 

 Unit 5 is vented through the No. 5 stack (00005). Unit 5 

 can be started up on either distillate oil or natural 

 gas.

 Building(s): 1

Item 23.2(From Mod 1):

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

 Emission Unit: U-00006 

 Emission Unit Description: 

 Emission Unit U00006 consists of one steam generator, 

 Unit 6, that provides steam to a turbine capable of 

 producing 850 MW net of electricity. This unit fires 0.75%

 sulfur residual oil and is capable of producing up to 245 

 MW by firing natural gas. The federally enforceable sulfur

 limit is 0.80 lbs SO2/mmBtu which is equivalent to 0.75 

 wt% sulfur. Unit 6 is subject to 40 CFR Part 60, subpart 

 D. Particulate emissions are controlled by an 

 electrostatic precipitator (S006C). NOx emissions are 

 controlled by overfire air and flue gas recirculation. 

 Natural gas or distillate oil may be used to ignite the 

 boiler during startup.

 Building(s): 1
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 11 DRAFT

Item 23.3(From Mod 1):

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

 Emission Unit: U-00009 

 Emission Unit Description: 

 Emission Unit U00009 consists of a package boiler 

 (Emission Source S0009) that is used for station heating. 

 This unit is capable of firing either oil (residual and 

 distillate) or natural gas. The maximum heat input is 78.3

 mmBtu/hr when firing natural gas, and 74.9 mmBtu/hr when 

 firing oil.

 Building(s): 1

Item 23.4(From Mod 1):

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

 Emission Unit: U-00010 

 Emission Unit Description: 

 Emission Unit U00010 consists of a model D370 boiler, 

 manufactured by Volcano. The boiler is equipped with low 

 NOx burners and meets the NOx RACT control requirements 

 found in 227-2.4(c)(i). This boiler can fire either 

 distillate oil or natural gas. The rated heat input on 

 gas is 90.5 mmBtu/hr; the rated heat input on oil is 87.2

 mmBtu/hr.

 Building(s): 1

Item 23.5(From Mod 0):

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

 Emission Unit: U-00007 

 Emission Unit Description: 

 Emission Unit U00007consists of storage tanks 1-4 (S00T1,

 S00T2, S00T3, and S00T4, respectively). The capacity of 

 each oil tank is 16,254,000 gallons. The tanks are not 

 subject to 6 NYCRR Part 229 or 40 CFR 60 Subparts K, Ka, 

 or Kb. The tanks are equipped with carbon adsorbers 

 (S0T1C, S0T2C, S0T3C, and S0T4C) for odor control.

Item 23.6(From Mod 0):

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

 Emission Unit: U-00008 

 Emission Unit Description: 

 Emission Source U00008 is the feeder, on the waste water 

 treatment plant (S0008), that delivers a caustic or lime 

 solution.

 Building(s): 2

Condition 1-4: Air pollution prohibited

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 211.1
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 12 DRAFT

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 47: Process Definition By Emission Unit

 Effective between the dates of 05/17/2010 and Permit Expiration Date

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 47.1(From Mod 1):

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

 Emission Unit: U-00005

 Process: P51 Source Classification Code: 1-01-004-01

 Process Description: 

 Process identification number P51 designates residual and

 distillate oil firing in Unit 5.

 Emission Source/Control: S0005 - Combustion 

 Design Capacity: 7,840 million Btu per hour

 Emission Source/Control: S005C - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

Item 47.2(From Mod 1):

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

 Emission Unit: U-00005

 Process: P52 Source Classification Code: 1-01-006-01

 Process Description: 

 Process identification number P52 designates natural gas 

 firing in Unit 5.

 Emission Source/Control: S0005 - Combustion 

 Design Capacity: 7,840 million Btu per hour

Item 47.3(From Mod 1):

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

 Emission Unit: U-00006

 Process: P61 Source Classification Code: 1-01-004-01

 Process Description: 
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 13 DRAFT

 Process identification number P61 designates residual oil

 firing in Unit 6. The boiler is subject to 40 CFR 60 

 Subpart D (NSPS). This process also allows co-firing of 

 natural gas in the boiler.

 Emission Source/Control: S0006 - Combustion 

 Design Capacity: 7,840 million Btu per hour

 Emission Source/Control: S006C - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

Item 47.4(From Mod 1):

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

 Emission Unit: U-00006

 Process: P62 Source Classification Code: 1-01-006-01

 Process Description: 

 Process identification number P62 designates natural gas 

 firing in Unit 6. This boiler is subject to 40 CFR 60 

 Subpart D (NSPS).

 Emission Source/Control: S0006 - Combustion 

 Design Capacity: 7,840 million Btu per hour

Item 47.5(From Mod 1):

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

 Emission Unit: U-00009

 Process: P91 Source Classification Code: 1-02-006-02

 Process Description: 

 Process identification number P91 identifies oil 

 (residual and distillate) combustion in the Zurn package 

 boiler.

 Emission Source/Control: S0009 - Combustion 

 Design Capacity: 78.3 million Btu per hour

Item 47.6(From Mod 1):

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

 Emission Unit: U-00009

 Process: P92 Source Classification Code: 1-02-005-01

 Process Description: 

 Process identification number P92 identifies natural gas 

 combustion in the Zurn package boiler.

 Emission Source/Control: S0009 - Combustion 

 Design Capacity: 78.3 million Btu per hour

Item 47.7(From Mod 1):

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

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 14 DRAFT

 Emission Unit: U-00010

 Process: GAS Source Classification Code: 1-01-007-02

 Process Description: 

 This process allows the use of natural gas to be fired in

 the Volcano D3 70 unit.

 Emission Source/Control: S0010 - Combustion 

Item 47.8(From Mod 1):

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

 Emission Unit: U-00010

 Process: OIL Source Classification Code: 1-01-007-02

 Process Description: 

 This process allows the use of distillate oil to be fired

 in the Volcano D3 70 unit.

 Emission Source/Control: S0010 - Combustion 

Item 47.9(From Mod 0):

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

 Emission Unit: U-00005

 Process: P53 Source Classification Code: 1-01-013-02

 Process End Date: 8/16/2011

 Process Description: 

 Process identification number P53 designates the 

 co-firing of Waste Fuel A (100,000 gallons/yr) with 

 residual oil in Unit 5 (i.e., S0005). The firing of 

 residual oil must meet the requirements as process P51.

 Emission Source/Control: S0003 - Combustion Removal Date: 01/01/2012

 Design Capacity: 1,015 million Btu per hour

 Emission Source/Control: S0005 - Combustion 

 Design Capacity: 7,840 million Btu per hour

 Emission Source/Control: S003C - Control Removal Date: 01/01/2012

 Control Type: SINGLE CYCLONE

 Emission Source/Control: S005C - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

Item 47.10(From Mod 0):

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

 Emission Unit: U-00006

 Process: P63 Source Classification Code: 1-01-013-02

 Process End Date: 8/16/2011

 Process Description: 

 Process identification number P63 designates the 

 co-firing of Waste Fuel A (100,000 gallons/yr) with 
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 15 DRAFT

 residual oil in Unit 6 (i.e., S0006). The firing of 

 residual oil must meet the requirements as process P61. 

 Waste fuel a may also be co-fired with natural gas.

 Emission Source/Control: S0006 - Combustion 

 Design Capacity: 7,840 million Btu per hour

 Emission Source/Control: S006C - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

Item 47.11(From Mod 0):

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

 Emission Unit: U-00007

 Process: PT1 Source Classification Code: 3-90-900-06

 Process Description: 

 Process PT1 identifies storing residual oil in Storage 

 Tank #1 with a capacity of 16,254,000 gallons.

 Emission Source/Control: S0T1C - Control 

 Control Type: ACTIVATED CARBON ADSORPTION

 Emission Source/Control: S00T1 - Process 

 Design Capacity: 16,254 1000 gallons

Item 47.12(From Mod 0):

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

 Emission Unit: U-00007

 Process: PT2 Source Classification Code: 3-90-900-06

 Process Description: 

 Process PT2 identifies storing residual oil in Storage 

 Tank #2 with a capacity of 16,254,000 gallons.

 Emission Source/Control: S0T2C - Control 

 Control Type: ACTIVATED CARBON ADSORPTION

 Emission Source/Control: S00T2 - Process 

 Design Capacity: 16,254 1000 gallons

Item 47.13(From Mod 0):

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

 Emission Unit: U-00007

 Process: PT3 Source Classification Code: 3-90-900-06

 Process Description: 

 Process PT3 identifies storing residual oil in Storage 

 Tank #3 with a capacity of 16,254,000 gallons.

 Emission Source/Control: S0T3C - Control 

 Control Type: ACTIVATED CARBON ADSORPTION
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 16 DRAFT

 Emission Source/Control: S00T3 - Process 

 Design Capacity: 16,254 1000 gallons

Item 47.14(From Mod 0):

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

 Emission Unit: U-00007

 Process: PT4 Source Classification Code: 3-90-900-06

 Process Description: 

 Process PT4 identifies storing residual oil in Storage 

 Tank #4 with a capacity of 16,254,000 gallons.

 Emission Source/Control: S0T4C - Control 

 Control Type: ACTIVATED CARBON ADSORPTION

 Emission Source/Control: S00T4 - Process 

 Design Capacity: 16,254 1000 gallons

Item 47.15(From Mod 0):

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

 Emission Unit: U-00008

 Process: PLS Source Classification Code: 3-05-104-96

 Process Description: 

 Process PLS identifies the lime feeder process at the 

 water treatment plant.

 Emission Source/Control: S0008 - Process 

Condition 48: Emission Unit Permissible Emissions

 Effective between the dates of 05/17/2010 and Permit Expiration Date

 Applicable Federal Requirement:6 NYCRR Subpart 201-7

Item 48.1:

The sum of emissions from all regulated processes specified in this permit for the emission unit

cited

shall not exceed the following Potential to Emit (PTE) rates for each regulated contaminant:

 Emission Unit: U-00010

 CAS No: 007446095 (From Mod 1)

 Name: SULFUR DIOXIDE

 PTE(s): 78,000 pounds per year

 CAS No: 0NY210000 (From Mod 1)

 Name: OXIDES OF NITROGEN

 PTE(s): 78,000 pounds per year

Condition 1-5: Compliance Certification

 Effective for entire length of Permit
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 17 DRAFT

 Applicable Federal Requirement:6 NYCRR 227-2.6

Item 1-5.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00005

Item 1-5.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 This condition is valid on and after July 1, 2014.

 the owner and operator of an emission source must:

 (a) calculate all 24-hour daily heat input-weighted 

 average NOx emission rates from block hourly arithmetic 

 emission rate averages calculated by the CEMS and 

 expressed in terms of pounds of NOx per million 

 Btu;

 (b) demonstrate compliance with the appropriate emission 

 limit under section 227-2.4 of this Subpart by using a 

 CEMS for measuring NOx and calculating a 24-hour daily 

 heat input-weighted average NOx emission rate. Facilities 

 that are subject to 40 CFR part 75 will calculate their 

 NOx emission rate using part 75 monitoring requirements. 

 Facilities that are not subject to 40 CFR part 75 may 

 calculate their NOx emission rate using either 40 CFR part

 60, appendix A, method 19 or 40 CFR part 75. A 30-day 

 rolling heat input-weighted average emission rate may be 

 used to demonstrate compliance with the appropriate 

 emission limit under section 227-2.4 of this Subpart from 

 October 1st to April 30th for emission sources other than 

 combustion turbines; and

 (c) determine the 24-hour daily heat input-weighted 

 average NOx emission rate based on the heat input-weighted

 average of the block hourly arithmetic average emission 

 rates during each 24-hour daily period from 12:00 AM to 

 12:00 AM the following day using CEMS data. The block 

 hourly heat input-weighted average emission rate must be 

 calculated for each one-hour period starting with the 

 period 12:00 AM to 1:00 AM and continuing through until 

 the last period 11:00 PM to 12:00 AM; or, starting with 

 the period 12:00 PM to 1:00 PM and continuing through the 

 last period 11:00 AM to 12:00 PM. The 30-day rolling heat 

 input-weighted average must be the average of the 24-hour 

 daily heat input-weighted NOx emission rate.

 (i) At a minimum, valid CEMS data must be obtained for 90 
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 18 DRAFT

 percent of the operating hours in each calendar quarter 

 that the subject facility is operating.

 (ii) All valid CEMS data must be used in calculating 

 emission rates even if the minimum data requirements of 

 subparagraph (i) of this paragraph are not met.

 (iii) The procedures under 40 CFR part 60, appendix B, 

 Performance Specification 2; and any additional criteria 

 specified by the department must be followed for the 

 installation, evaluation, and operation of the 

 CEMS.

 (iv) Along with any specific additional data requirements 

 mandated by the department for a particular emission 

 source, annual recertifications, quarterly accuracy, and 

 daily calibration drift tests must be performed in 

 accordance with 40 CFR part 60, appendix F or 40 CFR part 

 75, as applicable.

 (v) When NOx emissions data are not obtained because of 

 CEMS downtime, emission data shall be obtained by using 

 the 90th percentile value of all CEMS NOx emission data 

 collected over the last 180 days. Alternatively the owner 

 or operator of a facility subject to part CFR 75 may use 

 40 CFR part 75 data substitution procedures for periods 

 when no valid CEMS data is available.

 (4) CEMS recordkeeping and reporting requirements.

 (i) The owner or operator of an emission source must 

 notify the department of the planned initial start-up date

 of any new CEMS.

 (ii) Protocols, reports, summaries, compliance plans and 

 schedules, and any other information required to be 

 submitted to the department under provisions of this 

 Subpart must be sent (in either hardcopy or 

 electronically) as follows:

 (a) one copy to the Division of Air Resources, New York 

 State Department of Environmental Conservation, 625 

 Broadway, Albany, NY 12233; and

 (b) one copy to the regional air pollution control 

 engineer at the appropriate regional office of the 

 department.

 (iii) Emissions, monitoring, and operating parameter 

 records or measurements required by this Subpart, 

 quarterly and annual summaries, and any additional 

 parameters required by the department must be maintained 
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 19 DRAFT

 for at least five years and made available to the 

 department upon request.

 (iv) Following each calendar quarter, the owner or 

 operator must tabulate and summarize applicable emissions,

 monitoring, and operating parameter measurements recorded 

 during the preceding three months (including but not 

 limited to type and amount of fuel burned on a daily 

 basis, heat content of the fuel, total heating value of 

 the fuel consumed on a daily basis, the actual NOx 

 emission rate, the allowable NOx emission rate, and the 

 summation of the emission sources included in a system 

 averaging plan). These records must be submitted to the 

 department within 30 days following the end of each 

 calendar quarter in a format acceptable to the department 

 and must include:

 (a) the average NOx emission rates as specified under 

 paragraph (3) of this subdivision. (With the exception of 

 emission sources subject to paragraph (a)(4) of this 

 Section, emission sources are to record and tabulate block

 hourly average emission rates, but do not need to included

 the block hourly average emission rates in the quarterly 

 summaries);

 (b) identification of the operating hours when NOx 

 emissions data are not included in the calculation of the 

 average emission rate and the reasons for not including 

 that data; and

 (c) the results of accuracy assessments as required by 40 

 CFR part 60, appendix F and any additional data quality 

 information required by the department.

 (v) The owner or operator of an emission source must 

 submit the initial compliance test data, the performance 

 evaluation of the CEMS found in 40 CFR part 60, appendix 

 B, and the maximum heat input capacity.

Monitoring Frequency: CONTINUOUS

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

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

Condition 1-6: Compliance Certification

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 227-2.6

Item 1-6.1:

The Compliance Certification activity will be performed for:
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 20 DRAFT

 Emission Unit: U-00005

Item 1-6.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 This permit condition is valid through June 30, 

 2014.

 The owners and operators of this emission unit must 

 monitor NOx emissions using continuous emissions monitors 

 installed, operated and maintained in accordance with 40 

 CFR Part 75. Bias factors required under Part 75 are not 

 required when determining compliance. Hourly emissions 

 and heat input must be used to compute BTU-weighted 24 

 hour block averages or 30 - day rolling averages. During 

 periods of CEM downtime, emissions data substituted 

 pursuant to 40 CFR Part 75, Subpart D and Appendix C will 

 not be used for purposes of NOx RACT compliance. 

 

 Emissions reports must be submitted no later than 30 days 

 after the end of the calendar quarter. Such reports shall

 be in a format acceptable to the Department.

Monitoring Frequency: CONTINUOUS

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-00005

 Regulated Contaminant(s):

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

Item 1-7.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 This Unit is subject to the BART regional haze 

 requirements. As a result of the required BART analysis, 
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 21 DRAFT

 the current level of particulate control (ESP in its 

 current configuration) has been determined to meet the 

 BART requirements. Other conditions in this permit 

 containing particulate and opacity requirements will be 

 used to ensure compliance for the current control 

 technology. Monitoring and reporting shall also be 

 performed as per these other permit conditions.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

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-00005

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 1-8.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 The owners and operators of this facility shall not 

 purchase or obtain any fuel oil, for burning in this unit,

 that has a sulfur content exceeding 0.5 wt%. Exempted from

 this condition is any oil that was onsite or at the South 

 Oswego Terminal facility (ID # 7-3542-00024) as of August 

 4, 2010.

Process Material: FUEL OIL

Parameter Monitored: SULFUR CONTENT

Upper Permit Limit: 0.5 percent by weight

Monitoring Frequency: PER DELIVERY

Averaging Method: MAXIMUM - NOT TO BE EXCEEDED AT ANY 

 TIME (INSTANTANEOUS/DISCRETE OR GRAB)

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

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

Condition 1-9: Compliance Certification

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 249.3 (a)
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 22 DRAFT

Item 1-9.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00005

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 1-9.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 This Unit is subject to the BART regional haze 

 requirements. As a result of the required BART analysis, a

 limit for SO2 emissions has been established.

 On and after January 1, 2014, this Emission unit is 

 limited to burning fuel with a sulfur content of no more 

 than 0.75 wt%. The owners and operators of this unit will 

 comply with an equivalent emissions limit, 0.80 lb 

 SO2/mmBtu based on a 3-hour rolling average.

 SO2 emissions will be monitored and recorded continuously 

 using continuous emissions monitors installed, operated 

 and maintained in accordance with 40 CFR Part 75 and the 

 Acid Rain CEM monitoring Plan. The bias factors need not 

 be applied to the SO2 emissions rate determination. 

 

 The owners and operators of this unit must report to the 

 DEC emissions of SO2 on a calendar quarter basis. Such 

 reports must be submitted in a format acceptable to the 

 Department no later than 30 days after the end of each 

 quarter. For each period when emissions exceed the 

 allowable limit, the owners and operators must report the 

 magnitude of the exceedance, the duration of the 

 exceedance, the cause of the exceedance and the corrective

 action taken to correct the exceedance.

Manufacturer Name/Model Number: CEM meeting 40 CFR 75 requirements

Parameter Monitored: SULFUR DIOXIDE

Upper Permit Limit: 0.80 pounds per million Btus

Reference Test Method: 40 CFR 75

Monitoring Frequency: CONTINUOUS

Averaging Method: 3-HOUR ROLLING AVERAGE

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
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 23 DRAFT

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 1-10.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00005

 Regulated Contaminant(s):

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

Item 1-10.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 This Unit is subject to the BART regional haze 

 requirements. As a result of the required BART analysis, a

 determination was made that an economically feasible 

 control option, beyond current control, does not exist for

 this unit as it currently operates. An emission limitation

 has been established below the threshold that would make 

 an additional control option economically feasible. This 

 emission limitation has also been established to cover the

 economic feasibility threshold for the 6 NYCRR Part 227-2 

 NOx RACT control requirements that are required to be in 

 place by July 1, 2014.

 On and after January 1, 2014, this Emission unit is 

 limited to emitting no more than 383 tons of NOx per year,

 based on a 12 month rolling total. The owners and 

 operators of this emission unit shall calculate monthly 

 and 12 month totals for each calendar month. The CEM data 

 already required to be recorded for this emission unit 

 shall be used to calculate the monthly and 12 month 

 totals.

Parameter Monitored: OXIDES OF NITROGEN

Upper Permit Limit: 383 tons per year

Monitoring Frequency: MONTHLY

Averaging Method: 12-month 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 1-11: Compliance Certification

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 249.3 (f)
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 24 DRAFT

Item 1-11.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00005

Item 1-11.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The permit conditions (including monitoring and 

 reporting) 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 permit conditions is effective on 

 the date on which the requirements contained in these 

 permit conditions, as submitted to EPA as a revision to 

 New York State's Implementation Plan for Regional Haze, 

 are published in the Federal Register.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 55: Compliance Certification

 Effective between the dates of 05/17/2010 and Permit Expiration Date

 Applicable Federal Requirement:

 Expired by Mod 1

Item 55.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00005

 Process: P53

Item 55.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The facility owner or operator is allowed in Unit 5 to 

 burn 100,000 gallons of Waste Fuel A annually that meets 

 the specifications for lead (no greater than 250 ppm), 

 PCBs (less than 50 ppm), halogens (less than 1,000 ppm), 

 and gross heat content (equal to or greater than 125,000 

 BTU/gallon). Sampling and analysis of waste fuel must be 

 carried out in accordance with methods acceptable to the 

 Department. All Waste Fuel A must be generated on the 
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 25 DRAFT

 Oswego Harbor Power property and none shall be 

 imported.

 Records of waste fuels blended and burned at Oswego Harbor

 Power shall be maintained recording quantity of waste 

 burned, date sampling and analysis was performed, and date

 waste was transferred to day tank.

 The amount of waste fuel burned must be reported 

 semi-annually and records of waste fuel analysis must be 

 presented to the Department upon request.

Reference Test Method: See description.

Monitoring Frequency: PER BATCH OF PRODUCT/RAW MATERIAL 

 CHANGE

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2010.

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

Condition 56: Compliance Certification

 Effective between the dates of 05/17/2010 and Permit Expiration Date

 Applicable Federal Requirement:

 Expired by Mod 1

Item 56.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00005

 Process: P53

 Regulated Contaminant(s):

 CAS No: 000630-08-0 CARBON MONOXIDE

Item 56.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 The facility owner or operator is allowed to burn Waste 

 Fuel A in Unit 5. The combustion efficiency must be at or

 greater than 99.0% while burning waste fuel A.

 Within 120 days of the issue date of this renewal permit, 

 a demonstration must be made that the combustion 

 efficiency of Unit 5 is at least 99.0% while burning Waste

 Fuel A. A protocol for making such demonstration must be 

 submitted at least 30 days prior to the demonstration. A 

 report of the demonstration results must be made within 60

 days of the demonstration in accordance with 6NYCRR Part 
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 26 DRAFT

 202-1. If requested, the Department may allow alternate 

 timeframes for this demonstration.

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: WASTE OIL

Parameter Monitored: COMBUSTION EFFICIENCY

Lower Permit Limit: 99.0 percent

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: MINIMUM - NOT TO FALL BELOW STATED 

 VALUE AT ANY TIME

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 1-12: Compliance Certification

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 227-2.6

Item 1-12.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00006

Item 1-12.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 This permit condition is valid through June 30, 

 2014.

 The owners and operators of this emission unit must 

 monitor NOx emissions using continuous emissions monitors 

 installed, operated and maintained in accordance with 40 

 CFR Part 75. Bias factors required under Part 75 are not 

 required when determining compliance. Hourly emissions 

 and heat input must be used to compute BTU-weighted 24 

 hour block averages or 30 - day rolling averages. During 

 periods of CEM downtime, emissions data substituted 

 pursuant to 40 CFR Part 75, Subpart D and Appendix C will 

 not be used for purposes of NOx RACT compliance. 

 

 Emissions reports must be submitted no later than 30 days 

 after the end of the calendar quarter. Such reports shall

 be in a format acceptable to the Department.

Monitoring Frequency: CONTINUOUS

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

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

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 27 DRAFT

Condition 1-13: Compliance Certification

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 227-2.6

Item 1-13.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00006

Item 1-13.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 This condition is valid on and after July 1, 2014.

 the owner and operator of an emission source must:

 (a) calculate all 24-hour daily heat input-weighted 

 average NOx emission rates from block hourly arithmetic 

 emission rate averages calculated by the CEMS and 

 expressed in terms of pounds of NOx per million 

 Btu;

 (b) demonstrate compliance with the appropriate emission 

 limit under section 227-2.4 of this Subpart by using a 

 CEMS for measuring NOx and calculating a 24-hour daily 

 heat input-weighted average NOx emission rate. Facilities 

 that are subject to 40 CFR part 75 will calculate their 

 NOx emission rate using part 75 monitoring requirements. 

 Facilities that are not subject to 40 CFR part 75 may 

 calculate their NOx emission rate using either 40 CFR part

 60, appendix A, method 19 or 40 CFR part 75. A 30-day 

 rolling heat input-weighted average emission rate may be 

 used to demonstrate compliance with the appropriate 

 emission limit under section 227-2.4 of this Subpart from 

 October 1st to April 30th for emission sources other than 

 combustion turbines; and

 (c) determine the 24-hour daily heat input-weighted 

 average NOx emission rate based on the heat input-weighted

 average of the block hourly arithmetic average emission 

 rates during each 24-hour daily period from 12:00 AM to 

 12:00 AM the following day using CEMS data. The block 

 hourly heat input-weighted average emission rate must be 

 calculated for each one-hour period starting with the 

 period 12:00 AM to 1:00 AM and continuing through until 

 the last period 11:00 PM to 12:00 AM; or, starting with 

 the period 12:00 PM to 1:00 PM and continuing through the 

 last period 11:00 AM to 12:00 PM. The 30-day rolling heat 

 input-weighted average must be the average of the 24-hour 
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 28 DRAFT

 daily heat input-weighted NOx emission rate.

 (i) At a minimum, valid CEMS data must be obtained for 90 

 percent of the operating hours in each calendar quarter 

 that the subject facility is operating.

 (ii) All valid CEMS data must be used in calculating 

 emission rates even if the minimum data requirements of 

 subparagraph (i) of this paragraph are not met.

 (iii) The procedures under 40 CFR part 60, appendix B, 

 Performance Specification 2; and any additional criteria 

 specified by the department must be followed for the 

 installation, evaluation, and operation of the 

 CEMS.

 (iv) Along with any specific additional data requirements 

 mandated by the department for a particular emission 

 source, annual recertifications, quarterly accuracy, and 

 daily calibration drift tests must be performed in 

 accordance with 40 CFR part 60, appendix F or 40 CFR part 

 75, as applicable.

 (v) When NOx emissions data are not obtained because of 

 CEMS downtime, emission data shall be obtained by using 

 the 90th percentile value of all CEMS NOx emission data 

 collected over the last 180 days. Alternatively the owner 

 or operator of a facility subject to part CFR 75 may use 

 40 CFR part 75 data substitution procedures for periods 

 when no valid CEMS data is available.

 (4) CEMS recordkeeping and reporting requirements.

 (i) The owner or operator of an emission source must 

 notify the department of the planned initial start-up date

 of any new CEMS.

 (ii) Protocols, reports, summaries, compliance plans and 

 schedules, and any other information required to be 

 submitted to the department under provisions of this 

 Subpart must be sent (in either hardcopy or 

 electronically) as follows:

 (a) one copy to the Division of Air Resources, New York 

 State Department of Environmental Conservation, 625 

 Broadway, Albany, NY 12233; and

 (b) one copy to the regional air pollution control 

 engineer at the appropriate regional office of the 

 department.

 (iii) Emissions, monitoring, and operating parameter 
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 29 DRAFT

 records or measurements required by this Subpart, 

 quarterly and annual summaries, and any additional 

 parameters required by the department must be maintained 

 for at least five years and made available to the 

 department upon request.

 (iv) Following each calendar quarter, the owner or 

 operator must tabulate and summarize applicable emissions,

 monitoring, and operating parameter measurements recorded 

 during the preceding three months (including but not 

 limited to type and amount of fuel burned on a daily 

 basis, heat content of the fuel, total heating value of 

 the fuel consumed on a daily basis, the actual NOx 

 emission rate, the allowable NOx emission rate, and the 

 summation of the emission sources included in a system 

 averaging plan). These records must be submitted to the 

 department within 30 days following the end of each 

 calendar quarter in a format acceptable to the department 

 and must include:

 (a) the average NOx emission rates as specified under 

 paragraph (3) of this subdivision. (With the exception of 

 emission sources subject to paragraph (a)(4) of this 

 Section, emission sources are to record and tabulate block

 hourly average emission rates, but do not need to included

 the block hourly average emission rates in the quarterly 

 summaries);

 (b) identification of the operating hours when NOx 

 emissions data are not included in the calculation of the 

 average emission rate and the reasons for not including 

 that data; and

 (c) the results of accuracy assessments as required by 40 

 CFR part 60, appendix F and any additional data quality 

 information required by the department.

 (v) The owner or operator of an emission source must 

 submit the initial compliance test data, the performance 

 evaluation of the CEMS found in 40 CFR part 60, appendix 

 B, and the maximum heat input capacity.

Monitoring Frequency: CONTINUOUS

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

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

Condition 1-14: Compliance Certification

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 249.3 (a)
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 30 DRAFT

Item 1-14.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00006

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 1-14.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 This Unit is subject to the BART regional haze 

 requirements. As a result of the required BART analysis, a

 limit for SO2 emissions has been established.

 On and after January 1, 2014, this Emission unit is 

 limited to burning fuel with a sulfur content of no more 

 than 0.75 wt%. This emission unit is currently subject to 

 this limit for liquid fuels under 40 CFR 60.43. The owners

 and operators of this unit will comply with an equivalent 

 emissions limit, 0.80 lb SO2/mmBtu based on a 3-hour 

 rolling average.

 SO2 emissions will be monitored and recorded continuously 

 using continuous emissions monitors installed, operated 

 and maintained in accordance with 40 CFR Part 75 and the 

 Acid Rain CEM monitoring Plan. The bias factors need not 

 be applied to the SO2 emissions rate determination. 

 

 The owners and operators of this unit must report to the 

 DEC emissions of SO2 on a calendar quarter basis. Such 

 reports must be submitted in a format acceptable to the 

 Department no later than 30 days after the end of each 

 quarter. For each period when emissions exceed the 

 allowable limit, the owners and operators must report the 

 magnitude of the exceedance, the duration of the 

 exceedance, the cause of the exceedance and the corrective

 action taken to correct the exceedance.

Manufacturer Name/Model Number: CEM meeting 40 CFR 75 requirements

Parameter Monitored: SULFUR DIOXIDE

Upper Permit Limit: 0.80 pounds per million Btus

Reference Test Method: 40 CFR 75

Monitoring Frequency: CONTINUOUS

Averaging Method: 3-HOUR ROLLING AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

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

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 31 DRAFT

Condition 1-15: Compliance Certification

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 1-15.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00006

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 1-15.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 The owners and operators of this facility shall not 

 purchase or obtain any fuel oil, for burning in this unit,

 that has a sulfur content exceeding 0.5 wt%. Exempted from

 this condition is any oil that was onsite or at the South 

 Oswego Terminal facility (ID # 7-3542-00024) as of August 

 4, 2010.

Process Material: FUEL OIL

Parameter Monitored: SULFUR CONTENT

Upper Permit Limit: 0.5 percent by weight

Monitoring Frequency: PER DELIVERY

Averaging Method: MAXIMUM - NOT TO BE EXCEEDED AT ANY 

 TIME (INSTANTANEOUS/DISCRETE OR GRAB)

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

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

Condition 1-16: Compliance Certification

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 1-16.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00006

 Regulated Contaminant(s):

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

Item 1-16.2:

Compliance Certification shall include the following monitoring:
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 32 DRAFT

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 This Unit is subject to the BART regional haze 

 requirements. As a result of the required BART analysis, a

 determination was made that an economically feasible 

 control option, beyond current control, does not exist for

 this unit as it currently operates. An emission limitation

 has been established below the threshold that would make 

 an additional control option economically feasible. This 

 emission limitation has also been established to cover the

 economic feasibility threshold for the 6 NYCRR Part 227-2 

 NOx RACT control requirements that are required to be in 

 place by July 1, 2014.

 On and after January 1, 2014, this Emission unit is 

 limited to emitting no more than 665 tons of NOx per year,

 based on a 12 month rolling total. The owners and 

 operators of this emission unit shall calculate monthly 

 and 12 month totals for each calendar month. The CEM data 

 already required to be recorded for this emission unit 

 shall be used to calculate the monthly and 12 month 

 totals.

Parameter Monitored: OXIDES OF NITROGEN

Upper Permit Limit: 665 tons per year

Monitoring Frequency: MONTHLY

Averaging Method: 12-month 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 1-17: Compliance Certification

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 1-17.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00006

 Regulated Contaminant(s):

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

Item 1-17.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 This Unit is subject to the BART regional haze 
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 33 DRAFT

 requirements. As a result of the required BART analysis, 

 the current level of particulate control (ESP in its 

 current configuration) has been determined to meet the 

 BART requirements. Other conditions in this permit 

 containing particulate and opacity requirements will be 

 used to ensure compliance for the current control 

 technology. Monitoring and reporting shall also be 

 performed as per these other permit conditions.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 1-18: Compliance Certification

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 249.3 (f)

Item 1-18.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00006

Item 1-18.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The permit conditions (including monitoring and 

 reporting) 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 permit conditions is effective on 

 the date on which the requirements contained in these 

 permit conditions, as submitted to EPA as a revision to 

 New York State's Implementation Plan for Regional Haze, 

 are published in the Federal Register.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 68: Compliance Certification

 Effective between the dates of 05/17/2010 and Permit Expiration Date

 Applicable Federal Requirement:

 Expired by Mod 1

Item 68.1:

The Compliance Certification activity will be performed for:
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 34 DRAFT

 Emission Unit: U-00006

 Process: P63

Item 68.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The facility owner or operator is allowed in Unit 6 to 

 burn 100,000 gallons of Waste Fuel A annually that meets 

 the specifications for lead (no greater than 250 ppm), 

 PCBs (less than 50 ppm), halogens (less than 1,000 ppm), 

 and gross heat content (equal to or greater than 125,000 

 BTU/gallon). Sampling and analysis of waste fuel must be 

 carried out in accordance with methods acceptable to the 

 Department. All Waste Fuel A must be generated on the 

 Oswego Harbor Power property and none shall be 

 imported.

 Records of waste fuels blended and burned at Oswego Harbor

 Power shall be maintained recording quantity of waste 

 burned, date sampling and analysis was performed, and date

 waste was transferred to day tank.

 The amount of waste fuel burned must be reported 

 semi-annually and records of waste fuel analysis must be 

 presented to the Department upon request.

Reference Test Method: See description.

Monitoring Frequency: PER BATCH OF PRODUCT/RAW MATERIAL 

 CHANGE

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2010.

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

Condition 69: Compliance Certification

 Effective between the dates of 05/17/2010 and Permit Expiration Date

 Applicable Federal Requirement:

 Expired by Mod 1

Item 69.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00006

 Process: P63

 Regulated Contaminant(s):

 CAS No: 000630-08-0 CARBON MONOXIDE
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 35 DRAFT

Item 69.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 The facility owner or operator is allowed to burn Waste 

 Fuel A in Unit 6. The combustion efficiency must be at or

 greater than 99.0% while burning waste fuel A.

 Within 120 days of the issue date of this renewal permit, 

 a demonstration must be made that the combustion 

 efficiency of Unit 6 is at least 99.0% while burning Waste

 Fuel A. A protocol for making such demonstration must be 

 submitted at least 30 days prior to the demonstration. A 

 report of the demonstration results must be made within 60

 days of the demonstration in accordance with 6NYCRR Part 

 202-1. If requested, the Department may allow alternate 

 timeframes for this demonstration.

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: WASTE OIL

Parameter Monitored: COMBUSTION EFFICIENCY

Lower Permit Limit: 99.0 percent

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: MINIMUM - NOT TO FALL BELOW STATED 

 VALUE AT ANY TIME

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 36 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 93: Contaminant List

 Effective between the dates of 05/17/2010 and Permit Expiration Date

 Applicable State Requirement:ECL 19-0301

Item 93.1:

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

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

 CAS No: 007446-09-5

 Name: SULFUR DIOXIDE
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 37 DRAFT

 CAS No: 0NY035-16-0

 Name: SULFUR (S 035)

 CAS No: 0NY075-00-0

 Name: PARTICULATES

 CAS No: 0NY075-00-5

 Name: PM-10

 CAS No: 0NY210-00-0

 Name: OXIDES OF NITROGEN

Condition 1-19: Visible Emissions Limited

 Effective for entire length of Permit

 Applicable State Requirement:6 NYCRR 211.2

Item 1-19.1:

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.

 ** ** Emission Unit Level ****

Condition 1-20: Compliance Demonstration

 Effective for entire length of Permit

 Applicable State Requirement:6 NYCRR 227-2.5 (b)

Item 1-20.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00005

 Regulated Contaminant(s):

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

Item 1-20.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 This method can be used for NOx RACT compliance through 

 June 30, 2014. After this date other methods established 

 in this permit must be used.

 Part 227-2.5(b) allows system-wide NOx averaging. Oswego

 Harbor Power must comply with the Btu weighted NRG 

 system-wide averaging plan dated February 24, 2000. 
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 38 DRAFT

 Pursuant to Part 227-2.6(b)(5), Oswego Harbor Power will 

 use continuous emission monitors to certify compliance. 

 The CEMs must be installed, operated and maintained in 

 accordance with 40 CFR Part 75.

 During the ozone season, May 1 - September 15, compliance 

 must be demonstrated on a 24 hour average. During all 

 other times, compliance will be on a 30 day rolling 

 average.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

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

Condition 1-21: Compliance Demonstration

 Effective for entire length of Permit

 Applicable State Requirement:6 NYCRR 227-2.5 (c)

Item 1-21.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00005

 Regulated Contaminant(s):

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

Item 1-21.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 A NOx RACT analysis was performed to determine the 

 technical and economic feasibility of adding control 

 technologies to meet the control requirements of 6 NYCRR 

 Part 227-2.4. A determination was made for this unit that 

 no additional technically feasible controls were 

 economically feasible at the capacity this unit has been 

 running. In accordance with the provisions of 6 NYCRR Part

 227-2.5(c), an emission limitation has been established 

 below the threshold that would make an additional control 

 option economically feasible. This emission limitation has

 also been established to cover the economic feasibility 

 threshold for the 6 NYCRR Part 249 BART control 

 requirements that are required to be in place by January 

 1, 2014.

 On and after January 1, 2014, this Emission unit is 

 limited to emitting no more than 383 tons of NOx per year,
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 39 DRAFT

 based on a 12 month rolling total. The owners and 

 operators of this emission unit shall calculate monthly 

 and 12 month totals for each calendar month. The CEM data 

 already required to be recorded for this emission unit 

 shall be used to calculate the monthly and 12 month 

 totals.

Parameter Monitored: OXIDES OF NITROGEN

Upper Permit Limit: 383 tons per year

Monitoring Frequency: MONTHLY

Averaging Method: 12-month 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 1-22: Compliance Demonstration

 Effective for entire length of Permit

 Applicable State Requirement:6 NYCRR 227-2.5 (c)

Item 1-22.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00005

 Regulated Contaminant(s):

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

Item 1-22.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 This permit condition applies on and after July 1, 

 2014.

 A NOx RACT analysis was performed to determine the 

 technical and economic feasibility of adding control 

 technologies to meet the control requirements of 6 NYCRR 

 Part 227-2.4. A determination was made for this unit that 

 no additional technically feasible controls were 

 economically feasible at the capacity this unit has been 

 running. In accordance with the provisions of 6 NYCRR Part

 227-2.5(c), an alternative NOx RACT limit has been 

 developed for this unit.

 Unit 5 (emission unit U-00005) is limited to 0.25 lb 

 NOx/mmBtu on a 24 hour heat input weighted average basis, 

 regardless of fuel type. During the period October 1st to 

 April 30th, compliance may be demonstrated using a 30-day 

 rolling heat input weighted average. Emissions must be 

 continuously monitored using monitoring equipment that 
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 40 DRAFT

 meets the requirements of 40 CFR 75.

Manufacturer Name/Model Number: CEM meeting 40 CFR 75 requirements

Upper Permit Limit: 0.25 pounds per million Btus

Reference Test Method: 40 CFR 75

Monitoring Frequency: CONTINUOUS

Averaging Method: AVERAGING METHOD - SEE MONITORING 

 DESCRIPTION

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

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

Condition 1-23: Compliance Demonstration

 Effective for entire length of Permit

 Applicable State Requirement:6 NYCRR 227-2.5 (b)

Item 1-23.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00006

 Regulated Contaminant(s):

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

Item 1-23.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 This method can be used for NOx RACT compliance through 

 June 30, 2014. After this date other methods established 

 in this permit must be used.

 Part 227-2.5(b) allows system-wide NOx averaging. Oswego

 Harbor Power must comply with the Btu weighted NRG 

 system-wide averaging plan dated February 24, 2000. 

 Pursuant to Part 227-2.6(b)(5), Oswego Harbor Power will 

 use continuous emission monitors to certify compliance. 

 The CEMs must be installed, operated and maintained in 

 accordance with 40 CFR Part 75.

 During the ozone season, May 1 - September 15, compliance 

 must be demonstrated on a 24 hour average. During all 

 other times, compliance will be on a 30 day rolling 

 average.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

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

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 41 DRAFT

Condition 1-24: Compliance Demonstration

 Effective for entire length of Permit

 Applicable State Requirement:6 NYCRR 227-2.5 (c)

Item 1-24.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00006

 Regulated Contaminant(s):

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

Item 1-24.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 This permit condition applies on and after July 1, 

 2014.

 A NOx RACT analysis was performed to determine the 

 technical and economic feasibility of adding control 

 technologies to meet the control requirements of 6 NYCRR 

 Part 227-2.4. A determination was made for this unit that 

 no additional technically feasible controls were 

 economically feasible at the capacity this unit has been 

 running. In accordance with the provisions of 6 NYCRR Part

 227-2.5(c), an alternative NOx RACT limit has been 

 developed for this unit.

 Unit 6 (emission unit U-00006) is limited to 0.22 lb 

 NOx/mmBtu on a 24 hour heat input weighted average basis, 

 regardless of fuel type. During the period October 1st to 

 April 30th, compliance may be demonstrated using a 30-day 

 rolling heat input weighted average. Emissions must be 

 continuously monitored using monitoring equipment that 

 meets the requirements of 40 CFR 75.

Manufacturer Name/Model Number: CEM meeting 40 CFR 75 requirements

Upper Permit Limit: 0.22 pounds per million Btus

Reference Test Method: 40 CFR 75

Monitoring Frequency: CONTINUOUS

Averaging Method: AVERAGING METHOD - SEE MONITORING 

 DESCRIPTION

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

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

Condition 1-25: Compliance Demonstration

 Effective for entire length of Permit
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 42 DRAFT

 Applicable State Requirement:6 NYCRR 227-2.5 (c)

Item 1-25.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00006

 Regulated Contaminant(s):

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

Item 1-25.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 A NOx RACT analysis was performed to determine the 

 technical and economic feasibility of adding control 

 technologies to meet the control requirements of 6 NYCRR 

 Part 227-2.4. A determination was made for this unit that 

 no additional technically feasible controls were 

 economically feasible at the capacity this unit has been 

 running. In accordance with the provisions of 6 NYCRR Part

 227-2.5(c), an emission limitation has been established 

 below the threshold that would make an additional control 

 option economically feasible. This emission limitation has

 also been established to cover the economic feasibility 

 threshold for the 6 NYCRR Part 249 BART control 

 requirements that are required to be in place by January 

 1, 2014.

 On and after January 1, 2014, this Emission unit is 

 limited to emitting no more than 665 tons of NOx per year,

 based on a 12 month rolling total. The owners and 

 operators of this emission unit shall calculate monthly 

 and 12 month totals for each calendar month. The CEM data 

 already required to be recorded for this emission unit 

 shall be used to calculate the monthly and 12 month 

 totals.

Parameter Monitored: OXIDES OF NITROGEN

Upper Permit Limit: 665 tons per year

Monitoring Frequency: MONTHLY

Averaging Method: 12-month 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 1-26: Compliance Demonstration

 Effective for entire length of Permit
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 43 DRAFT

 Applicable State Requirement:6 NYCRR 227-2.5 (c)

Item 1-26.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00009

 Regulated Contaminant(s):

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

Item 1-26.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 This permit condition applies on and after July 1, 

 2014.

 A NOx RACT analysis was performed to determine the 

 technical and economic feasibility of adding control 

 technologies to meet the control requirements of 6 NYCRR 

 Part 227-2.4. A determination was made for this unit that 

 no additional technically feasible controls were 

 economically feasible at the capacity this unit has been 

 running. In accordance with the provisions of 6 NYCRR Part

 227-2.5(c), an alternative NOx RACT limit has been 

 developed for this unit.

 Unit 9 (emission unit U-00009) is limited to 0.135 lb 

 NOx/mmBtu on a one hour heat input weighted average basis,

 regardless of fuel type. A compliance test must be 

 performed within 90 days of the July 1, 2014 compliance 

 date. The requirements of 6 NYCRR Part 202-1 must be 

 followed. A compliance test protocol must be submitted at 

 least 30 days prior to the test; the conditions of the 

 testing and the locations of the sampling devices must be 

 acceptable to the Department; and the test schedule must 

 be coordinated with the Department, so that a Department 

 representative has the opportunity to witness the test. A 

 test report must be submitted no later than 60 days after 

 completion of the test.

Manufacturer Name/Model Number: CEM meeting 40 CFR 75 requirements

Upper Permit Limit: 0.135 pounds per million Btus

Reference Test Method: Method 7, 7E or 19 as appropriate

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 1-27: Compliance Demonstration

 Effective for entire length of Permit
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 44 DRAFT

 Applicable State Requirement:6 NYCRR 227-2.5 (c)

Item 1-27.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00010

 Regulated Contaminant(s):

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

Item 1-27.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 This permit condition applies on and after July 1, 

 2014.

 A NOx RACT analysis was performed to determine the 

 technical and economic feasibility of adding control 

 technologies to meet the control requirements of 6 NYCRR 

 Part 227-2.4. A determination was made for this unit that 

 no additional technically feasible controls were 

 economically feasible at the capacity this unit has been 

 running. In accordance with the provisions of 6 NYCRR Part

 227-2.5(c), an alternative NOx RACT limit has been 

 developed for this unit.

 Unit 10 (emission unit U-00010) is limited to 0.10 lb 

 NOx/mmBtu on a one hour heat input weighted average basis,

 regardless of fuel type. A compliance test must be 

 performed within 90 days of the July 1, 2014 compliance 

 date. The requirements of 6 NYCRR Part 202-1 must be 

 followed. A compliance test protocol must be submitted at 

 least 30 days prior to the test; the conditions of the 

 testing and the locations of the sampling devices must be 

 acceptable to the Department; and the test schedule must 

 be coordinated with the Department, so that a Department 

 representative has the opportunity to witness the test. A 

 test report must be submitted no later than 60 days after 

 completion of the test.

Manufacturer Name/Model Number: CEM meeting 40 CFR 75 requirements

Upper Permit Limit: 0.10 pounds per million Btus

Reference Test Method: Method 7, 7E or 19 as appropriate

Monitoring Frequency: SINGLE OCCURRENCE

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE
 

Permit ID: 7-3512-00030/00023 Facility DEC ID: 7351200030

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 45 DRAFT