Facility DEC ID: 7351200030

 DEC Permit Conditions

 Renewal 1/Mod 1/FINAL 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: 05/16/2012 Expiration Date: 05/16/2015

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

 DEC Permit Conditions

 Renewal 1/Mod 1/FINAL 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

 DEC Permit Conditions

 Renewal 1/Mod 1/FINAL Page 3

 Notification of Other State Permittee Obligations

Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification

 The permittee expressly agrees to indemnify and hold harmless the Department of

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

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

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

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

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

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

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

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

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

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

 provision under federal or state laws.

Item B: Permittee's Contractors to Comply with Permit

 The permittee is responsible for informing its independent contractors, employees,

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

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

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

 violations of the Environmental Conservation Law as those prescribed for the

 permittee.

Item C: Permittee Responsible for Obtaining Other Required Permits

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

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

 are authorized by this permit.

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

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

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

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

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

Facility DEC ID: 7351200030

 DEC Permit Conditions

 Renewal 1/Mod 1/FINAL 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

 DEC Permit Conditions

 Renewal 1/Mod 1/FINAL 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

 DEC Permit Conditions

 Renewal 1/Mod 1/FINAL Page 6

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

 DEC Permit Conditions

 Renewal 1/Mod 1/FINAL 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/Active Page 1 FINAL

 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

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

Mod 1 Permit Effective Date: 05/16/2012 Permit Expiration Date: 05/16/2015
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 2 FINAL

 LIST OF CONDITIONS

 

 FEDERALLY ENFORCEABLE CONDITIONS

 Facility Level

 1 6 NYCRR 200.6: Acceptable Ambient Air Quality

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

 2 6 NYCRR 201-6.5 (a) (7): Fees

 3 6 NYCRR 201-6.5 (c): Recordkeeping and reporting of compliance 

 monitoring

 4 6 NYCRR 201-6.5 (c) (2): Monitoring, Related Recordkeeping, and 

 Reporting Requirements.

 5 6 NYCRR 201-6.5 (c) (3) (ii): Compliance Certification

 6 6 NYCRR 201-6.5 (e): Compliance Certification

 7 6 NYCRR 202-2.1: Compliance Certification

 8 6 NYCRR 202-2.5: Recordkeeping requirements

 9 6 NYCRR Part 215: Open Fires Prohibited at Industrial and Commercial 

 Sites

 1-2 6 NYCRR 215.2: Open Fires - Prohibitions

 10 6 NYCRR 200.7: Maintenance of Equipment

 11 6 NYCRR 201-1.7: Recycling and Salvage

 12 6 NYCRR 201-1.8: Prohibition of Reintroduction of Collected 

 Contaminants to the air

 13 6 NYCRR 201-3.2 (a): Exempt Sources - Proof of Eligibility

 14 6 NYCRR 201-3.3 (a): Trivial Sources - Proof of Eligibility

 15 6 NYCRR 201-6.5 (a) (4): Standard Requirement - Provide Information

 16 6 NYCRR 201-6.5 (a) (8): General Condition - Right to Inspect

 17 6 NYCRR 201-6.5 (d) (5): Standard Requirements - Progress Reports

 18 6 NYCRR 201-6.5 (f) (6): Off Permit Changes

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

 19 6 NYCRR 202-1.1: Required Emissions Tests

 20 6 NYCRR 211.3: Visible Emissions Limited

 21 40 CFR Part 68: Accidental release provisions.

 22 40CFR 82, Subpart F: Recycling and Emissions Reduction

 23 6 NYCRR Subpart 201-6: Emission Unit Definition

 24 6 NYCRR 201-6.5 (g): Non Applicable requirements

 1-4 6 NYCRR 211.1: Air pollution prohibited

 25 6 NYCRR 225-1.8: Compliance Certification

 26 6 NYCRR 227-1.3: Compliance Certification

 27 6 NYCRR 243-1.6 (a): Permit Requirements

 28 6 NYCRR 243-1.6 (b): Monitoring requirements

 29 6 NYCRR 243-1.6 (c): NOx Ozone Season Emission Requirements

 30 6 NYCRR 243-1.6 (d): Excess emission requirements

 31 6 NYCRR 243-1.6 (e): Recordkeeping and reporting requirements

 32 6 NYCRR 243-2.1: Authorization and responsibilities of CAIR 

 designated representative

 33 6 NYCRR 243-2.4: Certificate of representation

 34 6 NYCRR 243-8.1: General requirements

 35 6 NYCRR 243-8.5 (d): Quarterly reports

 36 6 NYCRR 243-8.5 (e): Compliance certification

 37 6 NYCRR Subpart 244-1: CAIR NOx Annual Trading Program General 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 3 FINAL

 Conditions

 38 6 NYCRR Subpart 244-2: Designated CAIR Representative

 39 6 NYCRR Subpart 244-8: Compliance Certification

 40 6 NYCRR Subpart 245-1: CAIR SO2 Trading Program General Provisions

 41 6 NYCRR Subpart 245-2: Designated CAIR Representative

 42 6 NYCRR Subpart 245-8: Compliance Certification

 43 40CFR 60, NSPS Subpart A: Compliance Certification

 44 40 CFR Part 64: Compliance Certification

 45 40 CFR Part 72: Compliance Certification

 Emission Unit Level

 46 6 NYCRR Subpart 201-6: Emission Point Definition By Emission Unit

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

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

 EU=U-00005

 49 6 NYCRR 207.3 (d): Episode action plans.

 50 6 NYCRR 225-1.5: Compliance Certification

 51 6 NYCRR 225-1.7 (c): Compliance Certification

 EU=U-00005

 52 6 NYCRR 227-1.2 (a) (1): Compliance Certification

 53 6 NYCRR 227-2.5 (b): Compliance Certification

 1-5 6 NYCRR 227-2.6: Compliance Certification

 1-6 6 NYCRR 227-2.6: Compliance Certification

 54 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,EP=00005

 57 6 NYCRR 227-1.3 (a): Compliance Certification

 58 6 NYCRR 227-1.4 (b): Compliance Certification

 EU=U-00006

 59 6 NYCRR 207.3 (d): Episode action plans.

 60 6 NYCRR 225-1.5: Compliance Certification

 61 6 NYCRR 227-1.2 (a) (1): Compliance Certification

 62 6 NYCRR 227-2.5 (b): Compliance Certification

 1-12 6 NYCRR 227-2.6: Compliance Certification

 1-13 6 NYCRR 227-2.6: Compliance Certification

 63 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

 64 40CFR 60.43(a)(1), NSPS Subpart D: Compliance Certification

 65 40CFR 60.44(a)(1), NSPS Subpart D: Compliance Certification

 66 40CFR 60.44(a)(2), NSPS Subpart D: Compliance Certification
 

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Renewal 1/Mod 1/Active Page 4 FINAL

 67 40CFR 60.44(b), NSPS Subpart D: Compliance Certification

 EU=U-00006,EP=00006

 70 6 NYCRR 227-1.3 (a): Compliance Certification

 71 6 NYCRR 227-1.4 (b): Compliance Certification

 EU=U-00009

 72 6 NYCRR 227-1.3: Compliance Certification

 73 6 NYCRR 227-2.5 (b): Compliance Certification

 EU=U-00009,Proc=P91

 74 6 NYCRR 225-1.2 (d): Compliance Certification

 75 6 NYCRR 227.2 (b) (1): Compliance Certification

 EU=U-00010

 *76 6 NYCRR Subpart 201-7: Capping Monitoring Condition

 *77 6 NYCRR Subpart 201-7: Capping Monitoring Condition

 78 6 NYCRR 227-1.3: Compliance Certification

 79 40CFR 60.48c(g), NSPS Subpart Dc: Compliance Certification

 EU=U-00010,Proc=GAS

 80 6 NYCRR 227-2.4 (c) (2): Compliance Certification

 EU=U-00010,Proc=OIL

 81 6 NYCRR 227-2.4 (c) (2): Compliance Certification

 82 6 NYCRR 227.2 (b) (1): Compliance Certification

 83 40CFR 60.42c(h), NSPS Subpart Dc: Exemption from the averaging period.

 84 40CFR 60.42c(i), NSPS Subpart Dc: Enforceability.

 85 40CFR 60.43c(c), NSPS Subpart Dc: Compliance Certification

 86 40CFR 60.43c(d), NSPS Subpart Dc: Enforceability of particulate 

 matter and opacity standards.

 87 40CFR 60.44c(h), NSPS Subpart Dc: Alternative compliance methods for

 sulfur dioxide.

 88 40CFR 60.45c(a), NSPS Subpart Dc: Compliance Certification

 89 40CFR 60.46c(e), NSPS Subpart Dc: Exemption from sulfur dioxide 

 monitoring requirements.

 90 40CFR 60.48c(d), NSPS Subpart Dc: Compliance Certification

 91 40CFR 60.48c(e)(11), NSPS Subpart Dc: Compliance Certification

 92 40CFR 60.48c(f)(1), NSPS Subpart Dc: Compliance Certification

 STATE ONLY ENFORCEABLE CONDITIONS

 Facility Level

 93 ECL 19-0301: Contaminant List

 94 6 NYCRR 201-1.4: Unavoidable noncompliance and violations

 95 6 NYCRR 211.2: Air pollution prohibited

 1-19 6 NYCRR 211.2: Visible Emissions Limited

 96 6 NYCRR Part 242: Compliance Demonstration

 Emission Unit Level

 EU=U-00005

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

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 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 5 FINAL

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

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

 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

 NOTE: * preceding the condition number indicates capping.
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 6 FINAL

 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.
 

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 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 7 FINAL

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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 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 8 FINAL

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 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 9 FINAL

 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 
 

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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: Acceptable Ambient Air Quality

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 200.6

Item 1.1:

Notwithstanding the provisions of 6 NYCRR Chapter III, Subchapter A, no person shall allow or

permit any air contamination source to emit air contaminants in quantities which alone or in

combination with emissions from other air contamination sources would contravene any

applicable ambient air quality standard and/or cause air pollution. In such cases where

contravention occurs or may occur, the Commissioner shall specify the degree and/or method of

emission control required.

Condition 1-1: Fees

 Effective between the dates of 05/16/2012 and 05/16/2015

 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 2: Fees

 Effective between the dates of 05/17/2010 and 05/16/2015

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

Item 2.1:
 

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

with the fee schedule authorized by ECL 72-0302.

Condition 3: Recordkeeping and reporting of compliance monitoring

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 201-6.5 (c)

Item 3.1:

The following information must be included in any required compliance monitoring records and

reports:

(i) The date, place, and time of sampling or measurements;

(ii) The date(s) analyses were performed;

(iii)The company or entity that performed the analyses;

(iv) The analytical techniques or methods used including quality assurance and quality control

procedures if required;

(v) The results of such analyses including quality assurance data where required; and

(vi) The operating conditions as existing at the time of sampling or measurement.

Any deviation from permit requirements must be clearly identified in all records and reports. 

Reports must be certified by a responsible official, consistent with Section 201-6.3 of this Part

201.

Condition 4: Monitoring, Related Recordkeeping, and Reporting 

 Requirements.

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 201-6.5 (c) (2)

Item 4.1:

Compliance monitoring and recordkeeping shall be conducted according to the terms and

conditions contained in this permit and shall follow all quality assurance requirements found in

applicable regulations. Records of all monitoring data and support information must be retained

for a period of at least 5 years from the date of the monitoring, sampling, measurement, report,

or application. Support information includes all calibration and maintenance records and all

original strip-chart recordings for continuous monitoring instrumentation, and copies of all

reports required by the permit. 

Condition 5: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 201-6.5 (c) (3) (ii)

Item 5.1:

The Compliance Certification activity will be performed for the Facility.
 

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Item 5.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 To meet the requirements of this facility permit with 

 respect to reporting, the permittee must:

 Submit reports of any required monitoring at a minimum 

 frequency of every 6 months, based on a calendar year 

 reporting schedule. These reports shall be submitted to 

 the Department within 30 days after the end of a reporting

 period. All instances of deviations from permit 

 requirements must be clearly identified in such reports. 

 All required reports must be certified by the responsible 

 official for this facility.

 Notify the Department and report permit deviations and 

 incidences of noncompliance stating the probable cause of 

 such deviations, and any corrective actions or preventive 

 measures taken. Where the underlying applicable 

 requirement contains a definition of prompt or otherwise 

 specifies a time frame for reporting deviations, that 

 definition or time frame shall govern. Where the 

 underlying applicable requirement fails to address the 

 time frame for reporting deviations, reports of deviations

 shall be submitted to the permitting authority based on 

 the following schedule:

 (1) For emissions of a hazardous air pollutant (as 

 identified in an applicable regulation) that continue for 

 more than an hour in excess of permit requirements, the 

 report must be made within 24 hours of the 

 occurrence.

 (2) For emissions of any regulated air pollutant, 

 excluding those listed in paragraph (1) of this section, 

 that continue for more than two hours in excess of permit 

 requirements, the report must be made within 48 

 hours.

 (3) For all other deviations from permit requirements, 

 the report shall be contained in the 6 month monitoring 

 report required above.

 (4) This permit may contain a more stringent reporting 

 requirement than required by paragraphs (1), (2) or (3) 

 above. If more stringent reporting requirements have been

 placed in this permit or exist in applicable requirements 

 that apply to this facility, the more stringent reporting 

 requirement shall apply.
 

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 If above paragraphs (1) or (2) are met, the source must 

 notify the permitting authority by telephone during normal

 business hours at the Regional Office of jurisdiction for 

 this permit, attention Regional Air Pollution Control 

 Engineer (RAPCE) according to the timetable listed in 

 paragraphs (1) and (2) of this section. For deviations 

 and incidences that must be reported outside of normal 

 business hours, on weekends, or holidays, the DEC Spill 

 Hotline phone number at 1-800-457-7362 shall be used. A 

 written notice, certified by a responsible official 

 consistent with 6 NYCRR Part 201-6.3(d)(12), must be 

 submitted within 10 working days of an occurrence for 

 deviations reported under (1) and (2). All deviations 

 reported under paragraphs (1) and (2) of this section must

 also be identified in the 6 month monitoring report 

 required above.

 The provisions of 6 NYCRR 201-1.4 shall apply if the 

 permittee seeks to have a violation excused unless 

 otherwise limited by regulation. In order to have a 

 violation of a federal regulation (such as a new source 

 performance standard or national emissions standard for 

 hazardous air pollutants) excused, the specific federal 

 regulation must provide for an affirmative defense during 

 start-up, shutdowns, malfunctions or upsets. 

 Notwithstanding any recordkeeping and reporting 

 requirements in 6 NYCRR 201-1.4, reports of any deviations

 shall not be on a less frequent basis than the reporting 

 periods described in paragraphs (1) and (4) above. 

 In the case of any condition contained in this permit 

 with a reporting requirement of "Upon request by 

 regulatory agency" the permittee shall include in the 

 semiannual report, a statement for each such condition 

 that the monitoring or recordkeeping was performed as 

 required or requested and a listing of all instances of 

 deviations from these requirements.

 In the case of any emission testing performed during the 

 previous six month reporting period, either due to a 

 request by the Department, EPA, or a regulatory 

 requirement, the permittee shall include in the semiannual

 report a summary of the testing results and shall indicate

 whether or not the Department or EPA has approved the 

 results.

 All semiannual reports shall be submitted to the 

 Administrator (or his or her representative) as well as 

 two copies to the Department (one copy to the regional air

 pollution control engineer (RAPCE) in the regional office 

 and one copy to the Bureau of Quality Assurance (BQA) in 

 the DEC central office). Mailing addresses for the above 
 

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 referenced persons are contained in the monitoring 

 condition for 6 NYCRR Part 201-6.5(e), contained elsewhere

 in this permit.

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 6: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 201-6.5 (e)

Item 6.1:

The Compliance Certification activity will be performed for the Facility.

Item 6.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Compliance certifications shall contain the following 

 information:

 - the identification of each term or condition of the 

 permit that is the basis of the certification;

 - the compliance status;

 - whether compliance was continuous or intermittent;

 - the method(s) used for determining the compliance status

 of the facility, currently and over the reporting period 

 consistent with the monitoring and related recordkeeping 

 and reporting requirements of this permit;

 - such other facts as the Department may require to 

 determine the compliance status of the facility as 

 specified in any special permit terms or conditions; 

 and

 - such additional requirements as may be specified 

 elsewhere in this permit related to compliance 

 certification.

 Compliance certifications shall be submitted annually. 

 Certification reports are due 30 days after the 

 anniversary date of four consecutive calendar quarters. 

 The first report is due 30 days after the calendar quarter

 that occurs just prior ro the permit anniversary date, 

 unless another quarter has been acceptable by the 

 Department.

 All compliance certifications shall be submitted to the 

 Administrator (or his or her representative) as well as 

 two copies to the Department (one copy to the regional air

 pollution control engineer (RAPCE) in the regional office 
 

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 and one copy to the Bureau of Compliance Monitoring and 

 Enforcement (BCME) in the DEC central office). Please 

 send annual compliance certifications to Chief of the 

 Stationary Source Compliance Section, the Region 2 EPA 

 representative for the Administrator, at the following 

 address:

 USEPA Region 2

 Air Compliance Branch

 290 Broadway

 New York, NY 10007-1866

 

 The address for the RAPCE is as follows:

 615 Erie Boulevard, West

 Syracuse, NY 13204-2400

 The address for the BCME is as follows:

 NYSDEC 

 Bureau of Compliance Monitoring

 and Enforcement

 625 Broadway

 Albany, NY 12233-3258

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2010.

Subsequent reports are due on the same day each year

Condition 7: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 202-2.1

Item 7.1:

The Compliance Certification activity will be performed for the Facility.

Item 7.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Emission statements shall be submitted on or before April

 15th each year for emissions of the previous calendar 

 year.

Monitoring Frequency: ANNUALLY

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due by April 15th for previous calendar year

Condition 8: Recordkeeping requirements
 

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 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 202-2.5

Item 8.1:

(a) The following records shall be maintained for at least five years:

 (1) a copy of each emission statement submitted to the department; and

 (2) records indicating how the information submitted in the emission

statement was determined, including any calculations, data, measurements, and estimates used.

(b) These records shall be made available at the facility to the representatives of the

department upon request during normal business hours.

Condition 9: Open Fires Prohibited at Industrial and Commercial Sites

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR Part 215

Item 9.1:

No person shall burn, cause, suffer, allow or permit the burning in an open fire of garbage,

refuse, rubbish for salvage, or rubbish generated by industrial or commercial activities.

Condition 1-2: Open Fires - Prohibitions

 Effective between the dates of 05/16/2012 and 05/16/2015

 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

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
 

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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 10: Maintenance of Equipment

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 200.7

Item 10.1:

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

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

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

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

effectively.

Condition 11: Recycling and Salvage

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 201-1.7

Item 11.1:
 

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Where practical, any person who owns or operates an air contamination source shall recycle or

salvage air contaminants collected in an air cleaning device according to the requirements of the

ECL.

Condition 12: Prohibition of Reintroduction of Collected Contaminants to

 the air

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 201-1.8

Item 12.1:

No person shall unnecessarily remove, handle or cause to be handled, collected air contaminants

from an air cleaning device for recycling, salvage or disposal in a manner that would reintroduce

them to the outdoor atmosphere.

Condition 13: Exempt Sources - Proof of Eligibility

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 201-3.2 (a)

Item 13.1:

The owner and/or operator of an emission source or unit that is eligible to be exempt may be

required to certify that it operates within the specific criteria described in this Subpart. The

owner or operator of any such emission source must maintain all required records on-site for a

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

Department representatives must be granted access to any facility which contains emission

sources or units subject to 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.

Condition 14: Trivial Sources - Proof of Eligibility

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 201-3.3 (a)

Item 14.1:

The owner and/or operator of an emission source or unit that is listed as being trivial in this Part

may be required to certify that it operates within the specific criteria described in this Subpart.

The owner or operator of any such emission source must maintain all required records on-site for

a period of five years and make them available to representatives of the department upon

request. Department representatives must be granted access to any facility which contains

emission sources or units subject to 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.

Condition 15: Standard Requirement - Provide Information

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 201-6.5 (a) (4)

Item 15.1:

The owner and/or operator shall furnish to the department, within a reasonable time, any
 

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information that the department may request in writing to determine whether cause exists for

modifying, revoking and reissuing, or terminating the permit or to determine compliance with

the permit. Upon request, the permittee shall also furnish to the department copies of records

required to be kept by the permit or, for information claimed to be confidential, the permittee

may furnish such records directly to the administrator along with a claim of confidentiality, if the

administrator initiated the request for information or otherwise has need of it.

Condition 16: General Condition - Right to Inspect

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 201-6.5 (a) (8)

Item 16.1:

The department or an authorized representative shall be allowed upon presentation of credentials

 and other documents as may be required by law to:

(i) enter upon the permittee's premises where a facility subject to the permitting requirements of

this Subpart is located or emissions-related activity is conducted, or where records must be kept

under the conditions of the permit;

(ii) have access to and copy, at reasonable times, any records that must be kept under the

conditions of the permit;

(iii) inspect at reasonable times any emission sources, equipment (including monitoring and air

pollution control equipment), practices, and operations regulated or required under the permit;

and

(iv) sample or monitor at reasonable times substances or parameters for the purpose of assuring

compliance with the permit or applicable requirements.

Condition 17: Standard Requirements - Progress Reports

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 201-6.5 (d) (5)

Item 17.1:

Progress reports consistent with an applicable schedule of compliance are to be submitted at

least semiannually, or at a more frequent period if specified in the applicable requirement or by

the department. Such progress reports shall contain the following:

(i) dates for achieving the activities, milestones, or compliance required in the schedule of

compliance, and dates when such activities, milestones or compliance were achieved; and

(ii) an explanation of why any dates in the schedule of compliance were not or will not be met,

and any preventive or corrective measures adopted.

Condition 18: Off Permit Changes

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 201-6.5 (f) (6)

Item 18.1:
 

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No permit revision will be required for operating changes that contravene an express permit

term, provided that such changes would not violate applicable requirements as defined under this

Part or contravene federally enforceable monitoring (including test methods), recordkeeping,

reporting, or compliance certification permit terms and conditions. Such changes may be made

without requiring a permit revision, if the changes are not modifications under any provision of

title I of the act and the changes do not exceed the emissions allowable under the permit

(whether expressed therein as a rate of emissions or in terms of total emissions) provided that the

facility provides the administrator and the department with written notification as required below

in advance of the proposed changes within a minimum of seven days. The facility owner or

operator, and the department shall attach each such notice to their copy of the relevant permit.

(i) For each such change, the written notification required above shall include a brief description

of the change within the permitted facility, the date on which the change will occur, any change

in emissions, and any permit term or condition that is no longer applicable as a result of the

change.

(ii) The permit shield described in section 6 NYCRR 201-6.6 shall not apply to any change

made pursuant to this paragraph.

Condition 1-3: Required Emissions Tests

 Effective between the dates of 05/16/2012 and 05/16/2015

 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.

Condition 19: Required Emissions Tests

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 202-1.1

Item 19.1:

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.

Such person shall bear the cost of measurement and preparing the report of measured emissions.

Failure of such person to submit a report acceptable to the commissioner within the time stated

shall be sufficient reason for the commissioner to suspend or deny a certificate to operate.

Condition 20: Visible Emissions Limited

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 211.3

Item 20.1:

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)
 

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except for one continuous six-minute period per hour of not more than 57 percent opacity.

Condition 21: Accidental release provisions.

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:40 CFR Part 68

Item 21.1:

If a chemical is listed in Tables 1,2,3 or 4 of 40 CFR §68.130 is present in a process in quantities

greater than the threshold quantity listed in Tables 1,2,3 or 4, the following requirements will

apply:

a) The owner or operator shall comply with the provisions of 40 CFR Part 68 and;

b) The owner or operator shall submit at the time of permit issuance (if not previously

submitted) one of the following, if such quantities are present: 

1) A compliance schedule for meeting the requirements of 40 CFR Part 68 by the date provided

in 40 CFR §68.10(a) or,

2) A certification statement that the source is in compliance with all requirements of 40 CFR

Part 68, including the registration and submission of the Risk Management Plan. Information

should be submitted to:

Risk Management Plan Reporting Center

C/O CSC

8400 Corporate Dr

Carrollton, Md. 20785

Condition 22: Recycling and Emissions Reduction

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:40CFR 82, Subpart F

Item 22.1:

The permittee shall comply with all applicable provisions of 40 CFR Part 82.

 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 05/16/2015

 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 
 

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 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

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: 
 

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 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 24: Non Applicable requirements

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 201-6.5 (g)

Item 24.1:

This section contains a summary of those requirements that have been specifically identified as

being not applicable to this facility and/or emission units, emission points, processes and/or

emission sources within this facility. The summary also includes a justification for classifying

any such requirements as non-applicable.

Condition 1-4: Air pollution prohibited

 Effective between the dates of 05/16/2012 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 211.1

Item 1-4.1:

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

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

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

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

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

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

Condition 25: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 225-1.8

Item 25.1:

The Compliance Certification activity will be performed for the Facility.

Item 25.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 An owner or operator of a facility which purchases and 

 fires coal and/or fuel oil shall compile and retain 

 records of the following information: 

 a. fuel analyses and data on the quantities of all 

 residual and distillate oil and coal received, burned or 

 sold;

 b. the names of all purchasers of all residual and 

 distillate oil and coal sold;

 c. any results of stack sampling, stack monitoring and 

 other procedures used to ensure compliance with the 

 provisions of 6 NYCRR Part 225-1.

 Fuel analyses must contain, as a minimum, data on the 

 sulfur content, specific gravity and heating value of any 

 residual oil, distillate oil or coal received, burned or 

 sold. Ash content shall also be included in the fuel 

 analyses for any residual oil or coal received, burned or 

 sold.

 These records shall be retained for a minimum period of 

 three years. If the facility is subject to Title V 

 requirements the minimum record retention period shall be 

 five years. The records shall be made available for 

 inspection by department staff during normal business 

 hours. In addition, copies of such records shall be 

 furnished to department staff upon request. All required 

 sampling, compositing and analysis of fuel samples must be

 done in accordance with methods acceptable to the 

 department.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 26: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015
 

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 Applicable Federal Requirement:6 NYCRR 227-1.3

Item 26.1:

The Compliance Certification activity will be performed for the facility:

The Compliance Certification applies to:

 Emission Unit: U-00005

 Emission Unit: U-00006

Item 26.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 1. Objective

 The purpose of this permit condition is to continue the 

 Oswego Harbor Power (hereafter Oswego or Station) Opacity 

 Reduction Program established in the previous opacity 

 Consent Order (Case No. CO-7-19990722-26). At all times, 

 including periods of startup, shutdown and malfunction, 

 the Station shall maintain and operate the facility, 

 including associated air pollution control equipment, in a

 manner consistent with good air pollution control 

 practices for minimizing emissions.

 2. Exempt and Excusable Activities

 During no fire activities, facility operators must make 

 reasonable efforts to control opacity, and must document 

 any excess opacity emission incidents in accordance with 

 the methods specified in this permit condition. The term 

 "reasonable efforts" includes but is not limited to pre 

 and post cleaning of equipment as necessary to minimize 

 dust entrainment.

 In addition to the specific category of excused excess 

 opacity emission incidents described above, there may be 

 other excess opacity emission incidents that are 

 determined to be unavoidable. In accordance with the 

 requirements of 6 NYCRR 201-1.4, in order to be eligible 

 for any claim that an excess opacity emission incident was

 unavoidable, including those attributable to startup, 

 shutdown or malfunction, the Station shall report such 

 incident by telephone, email or fax to the Regional Air 

 Pollution Control Engineer as soon as possible after the 

 occurrence of the incident, during normal working hours, 

 but in no event shall such report be made any later than 

 two (2) working days after the occurrence of the incident.

 Within two (2) working days of the initial report, The 
 

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 Respondent shall submit a written report, by mail, fax or 

 email, to the Commissioner's representative, describing 

 the incident in detail. Such description shall include 

 but shall not be limited to the time and duration of the 

 incident, the reason(s) for its occurrence, why the 

 occurrence was unavoidable, and the corrective action(s) 

 taken in response.

 3. Opacity Incident Reporting ("OIR")

 The station shall maintain an OIR log for recording 

 relevant equipment and operational information for each 

 excess opacity emission incident. An excess opacity 

 emission incident is defined as one or more six-minute 

 periods in which the average opacity exceeds 20%, except 

 for one six-minute period per hour of not more than 27%, 

 which are caused by the same set of circumstances. The 

 OIR log shall be completed before the end of each 

 operating shift and shall at a minimum include the 

 following categories of information:

 a. identification of the process and/or equipment 

 involved;

 b. the excess opacity emission incident start time;

 c. the six-minute average opacity measurements during the

 excess opacity emissions incident

 d. the mode of operation (for example, cold 

 startup);

 e. a description of the excess opacity emission incident 

 and, as necessary, a sequence of all events that led up 

 to/caused the incident(s);

 f. a description of the preliminary cause of the excess 

 opacity emission incident;

 g. the corrective action taken, together with the date 

 and time of same;

 h. the result(s) of the corrective action taken;

 I. The excess opacity emissions incident end time; 

 and

 j. the status of air cleaning equipment, including but 

 not limited to precipitator voltage or amperage.

 OIR logs shall be maintained by the Station for a period 

 of five years and shall be made available for inspection 
 

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 by the Department on demand. The information contained 

 within the OIR logs shall form the basis for more detailed

 root cause analysis, as set forth in item 5 of the Opacity

 Reduction Program, which will then be used to determine 

 what type of excess opacity emission incidents are 

 unavoidable, if any, and the corrective actions, design 

 modifications and project/program development and 

 implementation that may be appropriate to eliminate future

 opacity incidents.

 4. Excess Emissions and Monitoring System Performance 

 Reporting

 The Station shall submit an accurate excess opacity 

 emission incident and monitoring system performance report

 for each calendar year quarter in accordance with the 

 requirements of 6NYCRR 227-1.4. All report shall be 

 certified by a responsible corporate official as true, 

 accurate and complete, and shall be postmarked by the 60th

 day following the end of each calendar quarter. Each 

 report shall contain the following:

 a. a summary page providing the total number of 

 exceedences; total number of unexcused exceedences; 

 monitor down time expressed as percentage of operating 

 time; compliance rates, based on both total reported and 

 unexcused exceedences expressed (to the hundredth) as a 

 percentage of operating time;

 b. the magnitude, date and time of each six-minute block 

 average during which the average opacity of emissions 

 exceeds 20 percent, except for one six-minute block 

 average per hour not to exceed 27 percent;

 c. for each excess opacity emission incident, specific 

 identification of the cause and corrective action 

 taken;

 d. identification of all periods of COMS down time, 

 including the date, time and duration of each inoperable 

 period, and the cause(s) and corrective action (s) for 

 each period of COMS down time;

 e. the total time in which the COMS are required to 

 record data during the reporting period ("time combustion 

 installation is in service"); and

 f. the total number of excess opacity emission incidents 

 and the duration of said incidents expressed as a 

 percentage of the total time in which the COMS are 

 required to record data.
 

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 5. Root Cause Analysis and Corrective Actions

 The Station shall identify the causes of excess opacity 

 emission incidents by means of root cause analysis. By 

 April 15 of each calendar year, the quarterly opacity 

 reports from the prior calendar year shall be reviewed to 

 identify any consistent patterns for excess opacity 

 emissions incidents and to determine if past corrective 

 actions have resulted in improvements. Excess opacity 

 emission incident patterns that are identified shall be 

 investigated. Corrective actions (e.g., revised 

 maintenance procedures, equipment upgrades, etc.) shall be

 developed and an implementation schedule for each 

 corrective actions submitted to the Department by June 15 

 of each year, for the Department's approval. The Station 

 may proceed with the proposed corrective actions 

 implementation schedule upon the Department's written 

 notice of approval of such schedule. If the Department 

 fails to issue written notice of approval or objection to 

 the proposed corrective actions implementation schedule it

 shall be deemed approved by the15th day after receipt of 

 the proposed schedule and the Station may proceed with the

 corrective actions implementation schedule on the 15th day

 after the Department received the proposed schedule. A 

 report detailing the progress of the approved corrective 

 action implementation schedule shall be submitted to the 

 Department on a semi-annual basis, with each Respondent's 

 Title V semi- annual compliance monitoring 

 report.

 

 The existence of the above Opacity Reduction Program does 

 not relieve the Station from complying with the opacity 

 limits for unexcused occurrences. Each unexcused 

 occurrence may be subject to enforcement action.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 27: Permit Requirements

 Effective between the dates of 05/17/2010 and 05/16/2015

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

Item 27.1:

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

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

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

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

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

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

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

in compliance with such CAIR permit.

Condition 28: Monitoring requirements

 Effective between the dates of 05/17/2010 and 05/16/2015

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

Item 28.1:

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

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

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

Condition 29: NOx Ozone Season Emission Requirements

 Effective between the dates of 05/17/2010 and 05/16/2015

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

Item 29.1:

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

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

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

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

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

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

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

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

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

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

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

each control period thereafter.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

source.

Condition 30: Excess emission requirements

 Effective between the dates of 05/17/2010 and 05/16/2015

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

Item 30.1:

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

of the CAIR NOx Ozone Season emissions limitation, then:

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

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

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

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

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

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

Condition 31: Recordkeeping and reporting requirements

 Effective between the dates of 05/17/2010 and 05/16/2015

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

Item 31.1:

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

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

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

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

department or the Administrator.

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

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

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

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

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

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

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

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

period shall apply.

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

or required under the CAIR NOx Ozone Season Trading Program.

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

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

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

Condition 32: Authorization and responsibilities of CAIR designated 
 

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 representative

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 243-2.1

Item 32.1:

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

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

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

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

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

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

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

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

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

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

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

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

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

notwithstanding any agreement between the CAIR designated representative and such owners

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

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

source or unit.

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

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

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

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

CAIR NOx Ozone Season units at the source.

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

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

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

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

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

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

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

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

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

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

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

possibility of fine or imprisonment."

Condition 33: Certificate of representation

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 243-2.4

Item 33.1:

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

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

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

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

Condition 34: General requirements

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 243-8.1

Item 34.1:

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

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

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

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

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

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

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

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

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

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

requirements as a CAIR NOx Ozone Season unit.

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

CAIR NOx Ozone Season unit shall:

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

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

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

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

75.72);

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

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

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

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

(a)(1) of this section.

Condition 35: Quarterly reports

 Effective between the dates of 05/17/2010 and 05/16/2015

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

Item 35.1:

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

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

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

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

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

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

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

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quarter beginning with:

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

covering May 1, 2008 through June 30, 2008;

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

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

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

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

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

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

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

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

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

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

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

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

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

data, and other information required by this Subpart.

Condition 36: Compliance certification

 Effective between the dates of 05/17/2010 and 05/16/2015

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

Item 36.1:

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

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

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

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

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

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

specifications;

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

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

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

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

NOx emissions; and

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

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

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

systematically underestimate NOx emissions.

Condition 37: CAIR NOx Annual Trading Program General Conditions

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR Subpart 244-1
 

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Item 37.1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CAIR designated representative.

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

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

the three year period shall apply.

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

made or required under the CAIR NOx Annual Trading Program.

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

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

the requirements of the CAIR NOx Annual Trading Program.

Condition 38: Designated CAIR Representative

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR Subpart 244-2

Item 38.1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

imprisonment." [244-2.1(e)]

Condition 39: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR Subpart 244-8

Item 39.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

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

Item 39.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Monitoring and Reporting NOX emissions

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

 applicable, the CAIR designated representative shall 

 comply with all recordkeeping and reporting requirements 

 in this condition, the applicable recordkeeping and 

 reporting requirements under 40 CFR 75, and the 

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

 (2) The CAIR designated representative shall submit 

 quarterly reports of the the NOx mass emissions data and 

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

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 quarterly report in a format prescribed by the 

 Administrator, for each calendar quarter beginning with 

 the calendar quarter corresponding to the earlier of the 

 date of provisional certification or the applicable 

 deadline for initial certification under 6NYCRR Part 

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

 quarter of 2007, in which case reporting shall commence in

 the quarter covering January 1, 2008 through March 31, 

 2008.

 (3) The CAIR designated representative shall submit each 

 quarterly report to the Administrator within 30 days 

 following the end of the calendar quarter covered by the 

 report. Quarterly reports shall be submitted in the manner

 specified in 40 CFR 75.73(f).

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

 Rain emissions limitation or the CAIR NOx Ozone Season 

 Trading Program, CAIR SO2 Trading Program, or the Mercury 

 Reduction Program for Coal-Fired Electric Utility Steam 

 Generating Units (6NYCRR Part 246), quarterly reports 

 shall include the applicable data and information required

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

 in addition to the NOx mass emission data, heat input 

 data, and other information required by this 

 Subpart.

 (5) 'Compliance certification.' The CAIR designated 

 representative shall submit to the Administrator a 

 compliance certification (in a format prescribed by the 

 Administrator) in support of each quarterly report based 

 on reasonable inquiry of those persons with primary 

 responsibility for ensuring that all of the unit's 

 emissions are correctly and fully monitored. The 

 certification shall state that:

 (i) the monitoring data submitted were recorded in 

 accordance with the applicable requirements of 6NYCRR Part

 244 and 40 CFR Part 75, including the quality assurance 

 procedures and specifications; and

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

 all hours where NOx data are substituted in accordance 

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

 operating within the range of parameters listed in the 

 quality assurance/quality control program under appendix B

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

 systematically underestimate NOx emissions.

 (6) Whenever any monitoring system fails to meet the 

 quality-assurance and quality-control requirements or data

 validation requirements of 40 CFR part 75, data shall be 
 

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 substituted using the applicable missing data procedures 

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

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

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

 modification, or change in any certified continuous 

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

 that may significantly affect the ability of the system to

 accurately measure or record NOx mass emissions or heat 

 input rate or to meet the quality-assurance and 

 quality-control requirements of 40 CFR 75.21 or appendix B

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

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

 Furthermore, whenever the owner or operator makes a 

 replacement, modification, or change to the flue gas 

 handling system or the unit's operation that may 

 significantly change the stack flow or concentration 

 profile, the owner or operator shall recertify each 

 continuous emission monitoring system whose accuracy is 

 potentially affected by the change, in accordance with 40 

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

 monitoring system that require recertification include 

 replacement of the analyzer, complete replacement of an 

 existing continuous emission monitoring system, or change 

 in location or orientation of the sampling probe or site. 

 Any fuel flowmeter system, and any excepted NOx monitoring

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

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

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

 

Monitoring Frequency: CONTINUOUS

Averaging Method: ANNUAL TOTAL

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2010.

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

Condition 40: CAIR SO2 Trading Program General Provisions

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR Subpart 245-1

Item 40.1:

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

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

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

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

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

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

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

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

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

2) The owners and operators shall hold in their compliance account, CAIR SO2 allowances

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

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

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

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

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

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

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

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

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

[(245-1.6(d)]

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

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

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

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

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

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

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

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

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

CAIR designated representative.

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

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

the three-year period shall apply.

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

made or required under the CAIR SO2 Trading Program.

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

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

requirements of the CAIR SO2 Trading Program.

Condition 41: Designated CAIR Representative

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR Subpart 245-2

Item 41.1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[245-2.1(e)]

Condition 42: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR Subpart 245-8

Item 42.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 42.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Monitoring and Reporting SO2 emissions:

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

 the Clean Air Interstate Rule (CAIR) designated 

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

 monitoring, recordkeeping, and reporting requirements as 

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

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

 requirements, the definitions in section 245-1.2 and 40 

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

 "designated representative," and "continuous emission 

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

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

 designated representative," and "continuous emission 

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

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

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

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

 recordkeeping, and reporting requirements as a CAIR SO2 
 

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 unit. [245-8.1]

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

 [245-8.1(a)]

 (i) install all monitoring systems required under this

 Subpart for monitoring SO2 mass emissions and individual 

 unit heat input (including all systems required to monitor

 SO2 concentration, stack gas moisture content, stack gas 

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

 applicable, in accordance with 40 CFR 75.11 and 40 CFR 

 75.16);

 (ii) successfully complete all certification tests 

 required under Part 245-8.2 and meet all other 

 requirements of this section and 40 CFR Part 75 applicable

 to the monitoring systems under this section; and

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

 the monitoring systems under paragraph of this 

 section.

 3) The owner or operator shall meet the monitoring system

 certification and other requirements of section 

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

 The owner or operator shall record, report, and 

 quality-assure the data from the monitoring systems under 

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

 [245-8.1(b)]

 (i) For the CAIR SO2 unit that commences commercial 

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

 (ii) For the CAIR SO2 unit that commences commercial 

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

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

 days or 180 calendar days, whichever occurs first, after 

 the date on which the unit commences commercial 

 operation.

 4) Whenever the owner or operator makes a replacement, 

 modification, or change in any certified continuous 

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

 that may significantly affect the ability of the system to

 accurately measure or record SO2 mass emissions or heat 

 input rate or to meet the quality-assurance and 

 quality-control requirements of 40 CFR 75.21 or appendix B

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

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

 Furthermore, whenever the owner or operator makes a 

 replacement, modification, or change to the flue gas 

 handling system or the unit's operation that may 

 significantly change the stack flow or concentration 

 profile, the owner or operator shall recertify each 

 continuous emission monitoring system whose accuracy is 

 potentially affected by the change, in accordance with 40 

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

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 monitoring system that require recertification include: 

 replacement of the analyzer, complete replacement of an 

 existing continuous emission monitoring system, or change 

 in location or orientation of the sampling probe or site. 

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

 subject to the recertification requirements in 40 CFR 

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

 5) Whenever any monitoring system fails to meet the 

 quality-assurance and quality-control requirements or data

 validation requirements of 40 CFR Part 75, data shall be 

 substituted using the applicable missing data procedures 

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

 [245-8.3(a)]

 6) The CAIR designated representative shall comply with 

 all recordkeeping and reporting requirements in section 

 245-8.3, the applicable recordkeeping and reporting 

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

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

 [245-8.5(a)]

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

 with requirements of 40 CFR 75.62 for monitoring plans. 

 [245-8.5(b)]

 8) The CAIR designated representative shall submit an 

 application to the department within 45 days after 

 completing all initial certification or recertification 

 tests required under section 245-8.2, including the 

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

 ]

 9) The CAIR designated representative shall submit 

 quarterly reports of the SO2 mass emissions data and heat 

 input data for each CAIR SO2 unit, in an electronic 

 quarterly report in a format prescribed by the 

 Administrator, for each calendar quarter beginning with: 

 [245-8.5(d)(1)]

 i) the calendar quarter covering January 1, 2009 

 through March 31, 2009 for a unit that commences 

 commercial operation before July 1, 2008; or

 ii) for a unit that commences commercial operation on 

 or after July 1, 2008, the calendar quarter corresponding 

 to the earlier of the date of provisional certification or

 the applicable deadline for initial certification under 

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

 fourth quarter of 2008, in which case reporting shall 

 commence in the quarter covering January 1, 2009 through 

 March 31, 2009.

 10) The CAIR designated representative shall submit each 
 

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 quarterly report to the Administrator within 30 days 

 following the end of the calendar quarter covered by the 

 report. Quarterly reports shall be submitted in the manner

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

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

 Rain emissions limitation or the CAIR NOX Annual Trading 

 Program, CAIR NOX Ozone Season Trading Program, or the 

 Mercury Reduction Program for Coal-Fired Electric Utility 

 Steam Generating Units (6 NYCRR Part 246), quarterly 

 reports shall include the applicable data and information 

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

 applicable, in addition to the SO2 mass emission data, 

 heat input data, and other information required by this 

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

 12) The CAIR designated representative shall submit to 

 the Administrator a compliance certification (in a format 

 prescribed by the Administrator) in support of each 

 quarterly report based on reasonable inquiry of those 

 persons with primary responsibility for ensuring that all 

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

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

 i) the monitoring data submitted were recorded in 

 accordance with the applicable requirements of this 

 Subpart and 40 CFR Part 75, including the quality 

 assurance procedures and specifications; and

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

 for all hours where SO2 data are substituted in accordance

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

 operating within the range of parameters listed in the 

 quality assurance/quality control program under appendix B

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

 systematically underestimate SO2 emissions.

Monitoring Frequency: CONTINUOUS

Averaging Method: ANNUAL TOTAL

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2010.

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

Condition 43: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:40CFR 60, NSPS Subpart A

Item 43.1:

The Compliance Certification activity will be performed for the facility:

The Compliance Certification applies to:

 Emission Unit: U-00006
 

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 Emission Unit: U-00010

Item 43.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Except as applicable under 40 CFR 75, Emission Units 

 U00006 and U00010 are subject to the applicable general 

 provisions of 40 CFR 60. The facility owner is 

 responsible for complying with all applicable technical, 

 administrative, monitoring and reporting requirements.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 44: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:40 CFR Part 64

Item 44.1:

The Compliance Certification activity will be performed for the facility:

The Compliance Certification applies to:

 Emission Unit: U-00005

 Emission Unit: U-00006

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 44.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 This facility owner/operator is required to apply 

 Compliance Assurance Monitoring (CAM) to Units 5 and 6 in 

 regard to particulate emissions. A CAM plan was submitted 

 with the Title V renewal application for this facility. 

 The Department approves of the terms and implementation of

 the submitted CAM plan. CAM must be implemented in 

 accordance with the approved plan upon issuance of this 

 permit.

 Should the Department deem it necessary to have changes 

 made to the CAM plan, such changes shall be made and 

 implemented by the facility owner/operator within the 

 timeframes specified by the Department. The facility 
 

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 Air Pollution Control Permit Conditions

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 owner/operator may also submit, for Department review and 

 approval, changes to the CAM plan. Approved changes to the

 CAM plan must be implemented within the timeframes 

 established by the Department.

 Should the Department determine that a Quality Improvement

 Plan (QIP) is required, the facility owner operator shall 

 develop and implement such plan within the timeframes 

 established by the Department. Should the Department deem 

 it necessary to have changes made to a developed QIP, such

 changes shall be made and implemented by the facility 

 owner/operator within the timeframes specified by the 

 Department. The facility owner/operator may also submit, 

 for Department review and approval, changes to the QIP 

 plan. Approved changes to the QIP must be implemented 

 within the timeframes established by the Department.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 45: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:40 CFR Part 72

Item 45.1:

The Compliance Certification activity will be performed for the Facility.

Item 45.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Emission Unit 00005 (Boilers 3 and 5) and Emission Unit 

 00006 are affected units under the Acid Rain Program. 

 Boilers 1, 2 and 4 are retired units under 40 CFR Part 

 72.8. The owners must comply with the Title IV Acid Rain 

 Permit including all monitoring and reporting 

 requirements.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

 ** ** Emission Unit Level  

Condition 46: Emission Point Definition By Emission Unit

 Effective between the dates of 05/17/2010 and 05/16/2015
 

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 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 46.1(From Mod 0):

The following emission points are included in this permit for the cited Emission Unit:

 Emission Unit: U-00005

 Emission Point: 00005 

 Height (ft.): 700 Diameter (in.): 360

 NYTMN (km.): 4812.823 NYTME (km.): 376.231

Item 46.2(From Mod 0):

The following emission points are included in this permit for the cited Emission Unit:

 Emission Unit: U-00006

 Emission Point: 00006 

 Height (ft.): 700 Diameter (in.): 288

 NYTMN (km.): 4812.823 NYTME (km.): 376.231

Item 46.3(From Mod 0):

The following emission points are included in this permit for the cited Emission Unit:

 Emission Unit: U-00007

 Emission Point: 000T1 

 Height (ft.): 10 Diameter (in.): 17

 NYTMN (km.): 4812.823 NYTME (km.): 376.231 Building: 1

 Emission Point: 000T2 

 Height (ft.): 10 Diameter (in.): 17

 NYTMN (km.): 4812.823 NYTME (km.): 376.231 Building: 1

 Emission Point: 000T3 

 Height (ft.): 10 Diameter (in.): 17

 NYTMN (km.): 4812.823 NYTME (km.): 376.231 Building: 1

 Emission Point: 000T4 

 Height (ft.): 10 Diameter (in.): 17

 NYTMN (km.): 4812.823 NYTME (km.): 376.231 Building: 1

Item 46.4(From Mod 0):

The following emission points are included in this permit for the cited Emission Unit:

 Emission Unit: U-00008

 Emission Point: 00008 

 Height (ft.): 65 Diameter (in.): 25

 NYTMN (km.): 4812.823 NYTME (km.): 376.231 Building: 1

Item 46.5(From Mod 0):

The following emission points are included in this permit for the cited Emission Unit:
 

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 Emission Unit: U-00009

 Emission Point: 00009 

 Height (ft.): 134 Diameter (in.): 41

 NYTMN (km.): 4812.823 NYTME (km.): 376.231 Building: 1

Item 46.6(From Mod 0):

The following emission points are included in this permit for the cited Emission Unit:

 Emission Unit: U-00010

 Emission Point: 00010 

 Height (ft.): 200 Diameter (in.): 42

 NYTMN (km.): 4812.823 NYTME (km.): 376.231 Building: 1

Condition 47: Process Definition By Emission Unit

 Effective between the dates of 05/17/2010 and 05/16/2015

 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
 

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

 Process Description: 

 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):
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 48 FINAL

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

 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-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 47.10(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 47.11(From Mod 0):
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 49 FINAL

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

 Emission Source/Control: S00T3 - 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: 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 47.13(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 05/16/2015

 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
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 50 FINAL

 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 49: Episode action plans.

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 207.3 (d)

Item 49.1:

This Condition applies to Emission Unit: U-00005

Item 49.2:

Any person who owns an air contamination source for which an episode action plan has

been issued or approved shall take whatever actions are prescribed by this episode action

plan when an air pollution episode is in effect.

Condition 50: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 225-1.5

Item 50.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00005

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 50.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 Title 6 NYCRR Part 225-1.2 limits the sulfur content of 

 the fuel oil burned in this facility to no greater than 

 1.5% sulfur, by weight. (This limit is state-enforceable 

 only. The federally applicable limit is 2.0% sulfur by 

 weight.) Pursuant to Title 6 NYCRR Part 225-1.5(b), the 

 owners and operators of this unit will comply with an 

 equivalent emissions limit, 1.6 lb SO2/mmBtu based on a 3 

 hour rolling average. (The applicable 

 federally-enforceable limit will be 2.1 lb SO2/mmBtu.) 

 Oswego Harbor Power LLC may use fuels with a sulfur 

 content greater than that allowed provided they are either

 blended down to a lower sulfur content and/or co-fired 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 51 FINAL

 with other fuels allowing total heat input of all fuels 

 combined to determine compliance. 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. 

 Pursuant to Part 225, 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. The 

 owners and operators of this unit must report to the 

 Department, no later than 30 days after the end of each 

 calendar quarter, the availability of the monitoring 

 systems in a format acceptable to the Department.

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

Parameter Monitored: SULFUR DIOXIDE

Upper Permit Limit: 1.6 pounds per million Btus

Reference Test Method: 40 CFR 75

Monitoring Frequency: CONTINUOUS

Averaging Method: 3-HOUR BLOCK AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2010.

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

Condition 51: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 225-1.7 (c)

Item 51.1:

The Compliance Certification activity will be performed for the facility:

The Compliance Certification applies to:

 Emission Unit: U-00005

 Emission Unit: U-00006

 Emission Unit: U-00009

 Emission Unit: U-00010

Item 51.2:

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/Active Page 52 FINAL

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Part 225-1.7(c) requires that measurements must be made 

 daily of the rate of each fuel burned. Also, the facility

 must measure the gross heat content and ash content of 

 each fuel burned (determined at least once per week), and 

 the average electrical output (daily) and hourly 

 generation rate. This information must be retained by the

 source owner for a period of five years.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED

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 52: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 227-1.2 (a) (1)

Item 52.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00005

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 52.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 No person shall cause or allow an emission into the 

 outdoor atmosphere of particulates in excess of 0.10 pound

 per million BTU heat input from any combustion 

 installation with a maximum heat input exceeding 250 

 million Btu per hour using oil.

 A particulate emissions test shall be conducted once per 

 permit term using 40 CFR Part 60, Appendix A, Method 5.

Upper Permit Limit: 0.10 pounds per million Btus

Reference Test Method: METHOD 5 OR OTHER

Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 53 FINAL

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 53: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

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

Item 53.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00005

 Regulated Contaminant(s):

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

Item 53.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 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.

The initial report is due 7/30/2010.

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

Condition 1-5: Compliance Certification

 Effective between the dates of 05/16/2012 and 05/16/2015

 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:
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 54 FINAL

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 

 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 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 55 FINAL

 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 

 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 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 56 FINAL

 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.

The initial report is due 7/30/2012.

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

Condition 1-6: Compliance Certification

 Effective between the dates of 05/16/2012 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 227-2.6

Item 1-6.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00005

Item 1-6.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 57 FINAL

 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.

The initial report is due 7/30/2012.

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

Condition 54: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 227-2.6

Item 54.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00005

Item 54.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owners or operators of this Unit 5 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. 

 The procedures of 40 CFR Part 75, Appendix E will be used 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 58 FINAL

 to assess compliance with the NOx RACT regulations for 

 Unit 3, provided the owners and operators have an approved

 Acid Rain CEM Monitoring plan from EPA. 

 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.

The initial report is due 7/30/2010.

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

Condition 1-7: Compliance Certification

 Effective between the dates of 05/16/2012 and 05/16/2015

 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, 

 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 (6 NYCRR Part 227-1.2(a)(1) 

 particulate matter emissions limited to 0.10 lb/mmBtu) 

 requirements and opacity (6 NYCRR Part 227-1.3 opacity 

 limited to 20% based on a six-minute average period, 

 except for one six-minute period per hour of not more than

 27%) 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
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 59 FINAL

 Effective between the dates of 05/16/2012 and 05/16/2015

 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.

The initial report is due 7/30/2012.

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

Condition 1-9: Compliance Certification

 Effective between the dates of 05/16/2012 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

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:
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 60 FINAL

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.

The initial report is due 7/30/2012.

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

Condition 1-10: Compliance Certification

 Effective between the dates of 05/16/2012 and 05/16/2015

 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
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 61 FINAL

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.

The initial report is due 7/30/2012.

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

Condition 1-11: Compliance Certification

 Effective between the dates of 05/16/2012 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 249.3 (f)

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: 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 62 FINAL

 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 57: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

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

Item 57.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00005 Emission Point: 00005

Item 57.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 No owner or operator of a combustion installation shall 

 emit greater than 20 percent opacity except for one six 

 minute period per hour, not to exceed 27 percent, based 

 upon the six minute average utilizing a continuous opacity

 monitor (COM).

Parameter Monitored: OPACITY

Upper Permit Limit: 20 percent

Monitoring Frequency: CONTINUOUS

Averaging Method: 6 MINUTE AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2010.

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

Condition 58: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 227-1.4 (b)
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 63 FINAL

Item 58.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00005 Emission Point: 00005

Item 58.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner or operator of a stationary combustion 

 installation which utilizes a continuous opacity 

 monitoring system (COMS) shall include the following in 

 their quarterly excess emission reports:

 1) Magnitude, date, and time of each exceedence;

 2) For each period of excess emissions, specific 

 identification of the cause and corrective action 

 taken;

 3) Date, time, and duration of each period of COMS 

 downtime, and the corrective action for each period of 

 downtime;

 4) Total time the COMS is required to record data during 

 the reporting period;

 5) The total number of exceedences and the duration of 

 exceedences expressed as a percentage of the total time in

 which the COMS are required to record data; and

 6) Such other requirements as the Department may deem 

 necessary in order to enforce Article 19 of the 

 Environmental Conservation Law (ECL).

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2010.

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

Condition 59: Episode action plans.

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 207.3 (d)

Item 59.1:

This Condition applies to Emission Unit: U-00006

Item 59.2:

Any person who owns an air contamination source for which an episode action plan has
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 64 FINAL

been issued or approved shall take whatever actions are prescribed by this episode action

plan when an air pollution episode is in effect.

Condition 60: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 225-1.5

Item 60.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00006

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 60.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 Title 6 NYCRR Part 225-1.2 limits the sulfur content of 

 the fuel oil burned in this facility to no greater than 

 0.75% sulfur, by weight. Pursuant to Title 6 NYCRR Part

 225-1.5(b), 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. Oswego 

 Harbor Power LLC may use fuels with a sulfur content 

 greater than that allowed provided they are either blended

 down to a lower sulfur content and/or co-fired with other 

 fuels allowing total heat input of all fuels combined to 

 determine compliance. 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. 

 Pursuant to Part 225, 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. The 

 owners and operators of this unit must report to the 

 Department, no later than 30 days after the end of each 

 calendar quarter, the availability of the monitoring 

 systems in a format acceptable to the Department.
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 65 FINAL

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

Parameter Monitored: SULFUR DIOXIDE

Upper Permit Limit: 0.8 pounds per million Btus

Reference Test Method: 40 CFR 75

Monitoring Frequency: CONTINUOUS

Averaging Method: 3-HOUR BLOCK AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2010.

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

Condition 61: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 227-1.2 (a) (1)

Item 61.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00006

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 61.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 Pursuant to 6 NYCRR 227-1 and 40 CFR 60.42(a)(1), no 

 person shall cause or allow an emission into the outdoor 

 atmosphere of particulates in excess of 0.10 pound per 

 million BTU heat input from any combustion installation 

 with a maximum heat input exceeding 250 million Btu per 

 hour using oil.

 A particulate emissions test shall be conducted once per 

 permit term using 40 CFR Part 60, Appendix A, Method 5.

Upper Permit Limit: 0.10 pounds per million Btus

Reference Test Method: METHOD 5 OR OTHER

Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 62: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

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

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 66 FINAL

Item 62.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00006

 Regulated Contaminant(s):

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

Item 62.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 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. 

 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.

The initial report is due 7/30/2010.

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

Condition 1-12: Compliance Certification

 Effective between the dates of 05/16/2012 and 05/16/2015

 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 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 67 FINAL

 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.

The initial report is due 7/30/2012.

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

Condition 1-13: Compliance Certification

 Effective between the dates of 05/16/2012 and 05/16/2015

 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. 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 68 FINAL

 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 

 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.
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 69 FINAL

 (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 

 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 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 70 FINAL

 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.

The initial report is due 7/30/2012.

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

Condition 63: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 227-2.6

Item 63.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00006

Item 63.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owners or operators of this Unit 6 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.

The initial report is due 7/30/2010.
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 71 FINAL

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

Condition 1-14: Compliance Certification

 Effective between the dates of 05/16/2012 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

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
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 72 FINAL

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.

The initial report is due 7/30/2012.

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

Condition 1-15: Compliance Certification

 Effective between the dates of 05/16/2012 and 05/16/2015

 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.

The initial report is due 7/30/2012.

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

Condition 1-16: Compliance Certification

 Effective between the dates of 05/16/2012 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 1-16.1:

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/Active Page 73 FINAL

 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:

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.

The initial report is due 7/30/2012.

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

Condition 1-17: Compliance Certification

 Effective between the dates of 05/16/2012 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 1-17.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00006
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 74 FINAL

 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 

 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 (6 NYCRR Part 227-1.2(a)(1) 

 particulate matter emissions limited to 0.10 lb/mmBtu) 

 requirements and opacity (6 NYCRR Part 227-1.3 opacity 

 limited to 20% based on a six-minute average period, 

 except for one six-minute period per hour of not more than

 27%) 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 between the dates of 05/16/2012 and 05/16/2015

 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, 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 75 FINAL

 are published in the Federal Register.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 64: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:40CFR 60.43(a)(1), NSPS Subpart D

Item 64.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00006

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 64.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 Pursuant to 40 CFR 60.43, emissions of sulfur dioxide 

 from this unit are limited to no more than 0.80 lb 

 SO2/mmBtu derived from liquid fossil fuel. Compliance 

 shall be based on the total heat input from all fossil 

 fuels burned, including gaseous fuels. 

 Emissions of sulfur dioxide shall be monitored using CEMs 

 installed and operated in accordance with 40 CFR Part 75. 

 Maintenance of the CEMs in accordance with Part 75 

 fulfills the monitoring requirements of Part 60. Bias 

 adjustment factors are not required to be used when 

 determining compliance with Part 60 requirements. 

 Emissions data substituted pursuant to the missing data 

 provisions of Part 75 shall not be used for 

 compliance.

 Reports of emissions are required to be submitted to the 

 EPA and the Department. Such reports must be postmarked 

 by the 30th day following the end of each calendar 

 quarter, and follow the format specified in 40 CFR 60.7. 

 Excess emissions are defined as any three-hour period 

 during which the average emissions (arithmetic average of 

 three contiguous one-hour periods) of sulfur dioxide as 

 measured by a 

 CEM.

 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 76 FINAL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Upper Permit Limit: 0.8 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.

The initial report is due 7/30/2010.

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

Condition 65: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:40CFR 60.44(a)(1), NSPS Subpart D

Item 65.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00006
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 77 FINAL

 Regulated Contaminant(s):

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

Item 65.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 Gaseous fossil fuel combustion:

 Pursuant to 40 CFR 60.44, no owner or operator subject to 

 the provisions of this subpart shall cause to be 

 discharged into the atmosphere from any affected facility 

 any gases that contain NOX, expressed as NO2 in excess of 

 0.20 lb/MMBtu derived from gaseous fossil 

 fuel.

 Emissions shall be monitored using CEMs installed and 

 operated in accordance with 40 CFR Part 75. Operation and

 maintenance of the CEMs in accordance with Part 75 

 fulfills the monitoring requirements under 40 CFR Part 60 

 for NOx. Bias adjustment factors need not be used for 

 reporting compliance. Data reported during monitor 

 downtime using the missing data substitution procedures of

 Part 75 shall not be used for compliance.

 Reports of emissions and monitor downtime must be 

 submitted to the EPA and the Department following the 

 format of 40 CFR 60.7. Reports must be postmarked by the 

 30th day following the end of each calendar quarter. 

 Excess emissions are defined as any three hour period 

 during which the average emissions (arithmetic average of 

 three contiguous one-hour periods) exceed the applicable 

 standard.

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

Upper Permit Limit: 0.20 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.

The initial report is due 7/30/2010.

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

Condition 66: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:40CFR 60.44(a)(2), NSPS Subpart D

Item 66.1:

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/Active Page 78 FINAL

 Emission Unit: U-00006

 Regulated Contaminant(s):

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

Item 66.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 Liquid fossil fuel combustion:

 Pursuant to 40 CFR 60.44, no owner or operator subject to 

 the provisions of this subpart shall cause to be 

 discharged into the atmosphere from any affected facility 

 any gases that contain NOX, expressed as NO2 in excess of 

 0.30 lb/MMBtu derived from liquid fossil 

 fuel.

 Emissions shall be monitored using CEMs installed and 

 operated in accordance with 40 CFR Part 75. Operation and

 maintenance of the CEMs in accordance with Part 75 

 fulfills the monitoring requirements under 40 CFR Part 60 

 for NOx. Bias adjustment factors need not be used for 

 reporting compliance. Data reported during monitor 

 downtime using the missing data substitution procedures of

 Part 75 shall not be used for compliance.

 Reports of emissions and monitor downtime must be 

 submitted to the EPA and the Department following the 

 format of 40 CFR 60.7. Reports must be postmarked by the 

 30th day following the end of each calendar quarter. 

 Excess emissions are defined as any three hour period 

 during which the average emissions (arithmetic average of 

 three contiguous one-hour periods) exceed the applicable 

 standard.

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

Upper Permit Limit: 0.30 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.

The initial report is due 7/30/2010.

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

Condition 67: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:40CFR 60.44(b), NSPS Subpart D
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 79 FINAL

Item 67.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00006

 Regulated Contaminant(s):

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

Item 67.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 No owner or operator subject to the provisions of this 

 subpart shall cause to be discharged into the atmosphere 

 from any affected facility any gases that contain NOX, 

 expressed as NO2 in excess of the standard determined 

 using the following equation for the simultaneous burning 

 of fossil fuels:

 PSnox = { x(0.20) + y(0.30) + z(0.70)} / (x + y + 

 z)

 Where: PSnox = the prorated standard for NOX (in 

 lb/mmBtu) when burning different fossil fuels 

 simultaneously,

 x = the fraction of total heat input from 

 gaseous fossil fuel,

 y = the fraction of total heat input from 

 liquid fossil fuel,

 z = the fraction of total heat input from 

 solid fossil fuel.

 

 Emissions shall be monitored using CEMs installed and 

 operated in accordance with 40 CFR Part 75. Operation and

 maintenance of the CEMs in accordance with Part 75 

 fulfills the monitoring requirements under 40 CFR Part 60 

 for NOx. Bias adjustment factors need not be used for 

 reporting compliance. Data reported during monitor 

 downtime using the missing data substitution procedures of

 Part 75 shall not be used for compliance.

 Reports of emissions and monitor downtime must be 

 submitted to the EPA and the Department following the 

 format of 40 CFR 60.7. Reports must be postmarked by the 

 30th day following the end of each calendar quarter. 

 Excess emissions are defined as any three hour period 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 80 FINAL

 during which the average emissions (arithmetic average of 

 three contiguous one-hour periods) exceed the applicable 

 standard.

Monitoring Frequency: CONTINUOUS

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2010.

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

Condition 70: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

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

Item 70.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00006 Emission Point: 00006

Item 70.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 No owner or operator of a combustion installation shall 

 emit greater than 20 percent opacity except for one six 

 minute period per hour, not to exceed 27 percent, based 

 upon the six minute average utilizing a continuous opacity

 monitor (COM).

Parameter Monitored: OPACITY

Upper Permit Limit: 20 percent

Monitoring Frequency: CONTINUOUS

Averaging Method: 6 MINUTE AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2010.

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

Condition 71: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 227-1.4 (b)

Item 71.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00006 Emission Point: 00006

Item 71.2:
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 81 FINAL

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner or operator of a stationary combustion 

 installation which utilizes a continuous opacity 

 monitoring system (COMS) shall include the following in 

 their quarterly excess emission reports:

 1) Magnitude, date, and time of each exceedence;

 2) For each period of excess emissions, specific 

 identification of the cause and corrective action 

 taken;

 3) Date, time, and duration of each period of COMS 

 downtime, and the corrective action for each period of 

 downtime;

 4) Total time the COMS is required to record data during 

 the reporting period;

 5) The total number of exceedences and the duration of 

 exceedences expressed as a percentage of the total time in

 which the COMS are required to record data; and

 6) Such other requirements as the Department may deem 

 necessary in order to enforce Article 19 of the 

 Environmental Conservation Law (ECL).

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2010.

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

Condition 72: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 227-1.3

Item 72.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00009

Item 72.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 No person shall operate this emission unit in excess of 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 82 FINAL

 20 percent opacity (six minute average), except for one 

 six-minute period per hour of not more than 27 percent 

 opacity. 

 The owner or operator shall conduct opacity observations 

 according to EPA Method 9 upon request from the 

 Department. 

 At least once per semi-annual calendar period (January 1 

 to June 30, July 1 to December 31), the owner or operator 

 shall observe the emissions points while the devices are 

 in operation burning oil. The owner or operator shall 

 record the date, the time, the weather conditions (rain, 

 snow, cloudy, clear), and whether there is any visible 

 plume (excluding condensed water vapor). To the extent 

 practicable, the observer shall position him or herself 

 with the sun behind his or her back. Such testing is not 

 required if fuel oil is combusted for less than 168 hours 

 in the semi-annual period.

 In the event that visible emissions are observed, the 

 owner or operator shall contact the Department by phone as

 soon as practicable, but in no event later than two 

 business days after conducting the observation. Within 30 

 days, when requested by the Department in writing, the 

 owner or operator must submit to the Department a report 

 describing the emissions.

 All records of observations must be maintained at the 

 facility for a period of five years.

 A report must be submitted to the Department semiannually 

 (calendar basis) stating whether the monitoring has been 

 conducted. Reports must be submitted no later than 30 

 days after the end of each semi-annual period.

Parameter Monitored: OPACITY

Upper Permit Limit: 20 percent

Reference Test Method: EPA Method 9

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 6-MINUTE AVERAGE (METHOD 9)

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2010.

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

Condition 73: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

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

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 83 FINAL

Item 73.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00009

 Regulated Contaminant(s):

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

Item 73.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 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. 

 

 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.

 Reporting on the system averaging must be submitted 

 quarterly, within 30 days of the end of each calendar 

 quarter.

 Emissions from this Emission Unit 00009 will be estimated 

 using results from the most recent stack test, unless 

 another emission factor is approved by the 

 Department.

 A compliance test must be conducted once during the term 

 of the permit, while burning distillate oil, except a test

 is not required if there are no semi-annual (calendar) 

 periods during the term of the permit with at least 168 

 operating hours while burning distillate oil. Testing and 

 reporting shall be conducted in accordance with 6NYCRR 

 Part 202-1.

 A compliance test must be conducted once during the term 

 of the permit, while burning natural gas, except a test is

 not required if there are no semi-annual (calendar) 

 periods during the term of the permit with at least 168 

 operating hours while burning natural gas. Testing and 

 reporting shall be conducted in accordance with 6NYCRR 

 Part 202-1.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 84 FINAL

Condition 74: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 225-1.2 (d)

Item 74.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00009

 Process: P91

 Regulated Contaminant(s):

 CAS No: 0NY035-16-0 SULFUR (S 035)

Item 74.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 The sulfur in fuel content is restricted to no more than 

 to 1.5% sulfur by weight. The facility owner/operator, its

 contractor, or the supplier must analyze sulfur in fuel 

 content of fuel oil upon receipt of delivery. (This limit 

 is state-enforceable only. The federal limit is 2.0% 

 sulfur by weight.)

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: OIL (NOT ELSEWHERE CLASSIFIED)

Parameter Monitored: SULFUR (S 035)

Upper Permit Limit: 1.5 percent by weight

Reference Test Method: 40 CFR 75 APPENDIX D

Monitoring Frequency: PER DELIVERY

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED

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 75: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 227.2 (b) (1)

Item 75.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00009

 Process: P91
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 85 FINAL

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 75.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 Pursuant to Section 110 of the Federal Clean Air Act, the

 EPA approved, as part of New York's State Implementation 

 Plan, a regulation for the control of particulate matter. 

 The Department has since revised this rule, changing the 

 applicability criteria and the numerical limits. The 

 revisions, however, have not been approved by the EPA. 

 This condition requires compliance with the rule as it is 

 contained in the federally-approved SIP. This requirement 

 was previously cited as 6NYCRR Part 227.2(b)(1) and is 

 listed in the table of EPA-approved New York State 

 regulations sited under 40 CFR 52.1679 Subpart HH.

 The requirement is stated as follows:

 No person shall cause, permit or allow a two hour average 

 emission into the outdoor atmosphere of particulates in 

 excess of 0.10 pound per million Btu heat input from any 

 oil fired stationary combustion installation. Upon 

 written application, the commissioner may exempt a person 

 from the provisions of this section, when in view of the 

 properties of the emissions, isolated conditions, stack 

 height and other factors, it is clearly demonstrated that 

 the emissions thus permitted will not cause a 

 contravention of established ambient air quality 

 standards.

 Compliance testing must be performed once during the term 

 of the permit, except a test is not required if there are 

 no semi-annual (calendar) periods during the term of the 

 permit with at least 168 operating hours while burning 

 oil.

Parameter Monitored: PARTICULATES

Upper Permit Limit: 0.10 pounds per million Btus

Reference Test Method: EPA Method 5

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 76: Capping Monitoring Condition

 Effective between the dates of 05/17/2010 and 05/16/2015
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 86 FINAL

 Applicable Federal Requirement:6 NYCRR Subpart 201-7

Item 76.1:

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

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

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

otherwise be subject to:

 40 CFR 52.21

Item 76.2:

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

limits, terms, conditions and standards in this permit.

Item 76.3:

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

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

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

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

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

Item 76.4:

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

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

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

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

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

applicable requirement.

Item 76.5:

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

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

the Act.

Item 76.6:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00010

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 76.7:

Compliance Certification shall include the following monitoring:

 Capping: Yes

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 Emissions of sulfur dioxide from this emission unit shall

 not exceed 39 tons per rolling 12 month period. Emissions

 shall be computed as the product of the fuel oil 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 87 FINAL

 combusted, in pounds fuel/month; the lower of the 

 allowable sulfur content, 0.005 pounds sulfur per pound of

 fuel, or the actual sulfur content; and the factor of 2 

 (to convert S to SO2).

 1. The amount of fuel fired shall be determined using 

 fuel flow meters, converted to mass using the density of 

 fuel oil at the temperature of measurement.

 2. Purchase records of the amounts of fuel combusted 

 shall also be maintained. 

 3. The owner or operator shall compute the SO2 emissions 

 for each month, as well as the annual SO2 emissions for 

 each prior 12 month rolling period.

 4. The owner or operator shall submit to the Department, 

 on a semi-annual calendar year basis, a report stating 

 whether such measurements and calculations have been made 

 for each prior six month period.

 5. The owner or operator shall submit to the Department, 

 on an annual calendar year basis, a report stating whether

 the facility was in compliance with the annual emission 

 limit. The report shall be due no later than January 30 

 of each year, and shall report the amount of SO2 emitted 

 during each 12 month rolling period completed in the prior

 calendar year.

 6. If the annual emissions during any 12 month rolling 

 period exceed 39 tons, the owner or operator shall submit 

 to the Department a report of such excess emissions within

 30 days after the end of that 12 month rolling period.

Parameter Monitored: SULFUR DIOXIDE

Upper Permit Limit: 39 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.

The initial report is due 7/30/2010.

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

Condition 77: Capping Monitoring Condition

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR Subpart 201-7

Item 77.1:

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

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

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

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 88 FINAL

otherwise be subject to:

 6 NYCRR Subpart 231-2

 40 CFR 52.21

Item 77.2:

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

limits, terms, conditions and standards in this permit.

Item 77.3:

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

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

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

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

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

Item 77.4:

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

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

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

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

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

applicable requirement.

Item 77.5:

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

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

the Act.

Item 77.6:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00010

 Regulated Contaminant(s):

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

Item 77.7:

Compliance Certification shall include the following monitoring:

 Capping: Yes

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 Emissions of NOX from this emission unit shall not exceed

 39 tons per rolling 12 month period. Emissions shall be 

 computed as the product of the heat input, in mmBtu/hr, 

 and the actual emissions rate, determined from emissions 

 testing, multiplied by 1.1, as follows:

 1. Actual emissions rates firing oil and gas are 

 determined from emissions testing at three operating loads
 

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 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 89 FINAL

 for each fuel. From the results of the most recent test 

 at three operating loads, the highest emission rate shall 

 be used to compute NOx emissions.

 2. The heat input to the boiler shall be computed as the 

 product of the amount of fuel fired each month (gallons of

 oil per month or cubic feet of gas per month) and the 

 gross heating value of the fuel (Btu/gallon for oil or 

 Btu/cubic foot for gas) as determined by vendor receipts, 

 vendor fuel analyses, or station analyses.

 3. The amount of fuel fired shall be determined using 

 fuel flow meters. 

 4. Purchase records of the amounts of fuel combusted 

 shall also be maintained. 

 5. The owner or operator shall compute the NOx emissions 

 for each month using the following formula:

 (Actual emission rate firing oil, lb/mmBtu)x(1.1)x(total 

 heat input from oil, mmBtu) + (Actual emission rate firing

 gas, lb/mmBtu)x(1.1)x(total heat input from gas, 

 mmBtu).

 6. The owner or operator shall compute the annual NOx 

 emissions for each prior 12 month rolling period.

 7. The owner or operator shall submit to the Department, 

 on a semi-annual calendar year basis, a report stating 

 whether such measurements and calculations have been made 

 for each prior six month period.

 8. The owner or operator shall submit to the Department, 

 on an annual calendar year basis, a report stating whether

 the facility was in compliance with the annual emission 

 limit. The report shall be due no later than January 30 

 of each year, and shall report the amount of NOx emitted 

 during each 12 month rolling period completed in the prior

 calendar year.

 9. If the annual emissions during any 12 month rolling 

 period exceed 39 tons, the owner or operator shall submit 

 to the Department a report of such excess emissions within

 30 days after the end of that 12 month rolling period.

Parameter Monitored: OXIDES OF NITROGEN

Upper Permit Limit: 39 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.
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 90 FINAL

The initial report is due 7/30/2010.

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

Condition 78: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 227-1.3

Item 78.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00010

Item 78.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 No person shall operate this emission unit in excess of 

 20 percent opacity (six minute average), except for one 

 six-minute period per hour of not more than 27 percent 

 opacity. 

 The owner or operator shall conduct opacity observations 

 according to EPA Method 9 upon request from the 

 Department. 

 At least once per semi-annual calendar period (January 1 

 to June 30, July 1 to December 31), the owner or operator 

 shall observe the emissions points while the device is in 

 operation burning oil. The owner or operator shall record

 the date, the time, the weather conditions (rain, snow, 

 cloudy, clear), and whether there is any visible plume 

 (excluding condensed water vapor). To the extent 

 practicable, the observer shall position him or herself 

 with the sun behind his or her back. Such testing is not 

 required if fuel oil is combusted for less than 168 hours 

 in the semi-annual period.

 In the event that visible emissions are observed, the 

 owner or operator shall contact the Department by phone as

 soon as practicable, but in no event later than two 

 business days after conducting the observation. Within 30 

 days, when requested by the Department in writing, the 

 owner or operator must submit to the Department a report 

 describing the emissions.

 All records of observations must be maintained at the 

 facility for a period of five years.

 A report must be submitted to the Department semiannually 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 91 FINAL

 (calendar basis) stating whether the monitoring has been 

 conducted. Reports must be submitted no later than 30 

 days after the end of each semi-annual period.

Parameter Monitored: OPACITY

Upper Permit Limit: 20 percent

Reference Test Method: EPA Method 9

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 6-MINUTE AVERAGE (METHOD 9)

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2010.

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

Condition 79: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

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

Item 79.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00010

Item 79.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 (1) Except as provided under paragraph (2), the owner or 

 operator of each affected facility shall record and 

 maintain records of the amount of each fuel combusted 

 during each operating day.

 (2) As an alternative to meeting the requirements of 

 paragraph (1), the owner or operator of an affected 

 facility that combusts only natural gas, wood, fuels using

 fuel certification in §60.48c(f) to demonstrate compliance

 with the SO2standard, fuels not subject to an emissions 

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

 may elect to record and maintain records of the amount of 

 each fuel combusted during each calendar month.

 Records of fuel usage shall be reported to the Department 

 or EPA upon request.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 80: Compliance Certification
 

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 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 227-2.4 (c) (2)

Item 80.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00010

 Process: GAS

 Regulated Contaminant(s):

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

Item 80.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 Emissions of oxides of nitrogen from this unit shall not 

 exceed 0.10 pounds per million Btu while burning natural 

 gas, determined with a one hour average in accordance with

 the provisions of section 227-2.6(a)(4).

 A compliance test must be conducted once during the term 

 of the permit except a test is not required if there are 

 no semi-annual (calendar) periods during the term of the 

 permit with at least 168 operating hours while burning 

 natural gas.

 The owner or operator of this source conducting an 

 emission test must:

 (1) submit a compliance test protocol to the department 

 for approval at least 30 days prior to emission testing. 

 The conditions of the testing and the locations of the 

 sampling devices must be acceptable to the department; 

 and

 (2) utilize the following procedures set forth in 40 CFR 

 part 60, Appendix A or any other method acceptable to the 

 department and the administrator for determining 

 compliance with the appropriate NOx limit in section 

 227-2.4 of this Subpart, and must, in addition, follow the

 procedures set forth in Part 202 of this Title:

 (i) for large and mid-size boilers, utilize Method 7, 7E, 

 or 19 from 40 CFR part 60, Appendix A or another reference

 method approved by the department;

Parameter Monitored: OXIDES OF NITROGEN

Upper Permit Limit: 0.10 pounds per million Btus
 

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Reference Test Method: EPA Method 7, 7E, or 19

Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 81: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 227-2.4 (c) (2)

Item 81.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00010

 Process: OIL

 Regulated Contaminant(s):

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

Item 81.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 Emissions of oxides of nitrogen from this unit shall not 

 exceed 0.12 pounds per million Btu while burning 

 distillate oil, determined with a one hour average in 

 accordance with the provisions of section 

 227-2.6(a)(4).

 A compliance test must be conducted once during the term 

 of the permit except a test is not required if there are 

 no semi-annual (calendar) periods during the term of the 

 permit with at least 168 operating hours while burning 

 distillate oil.

 The owner or operator of this source conducting an 

 emission test must:

 (1) submit a compliance test protocol to the department 

 for approval at least 30 days prior to emission testing. 

 The conditions of the testing and the locations of the 

 sampling devices must be acceptable to the department; 

 and

 (2) utilize the following procedures set forth in 40 CFR 

 part 60, Appendix A or any other method acceptable to the 

 department and the administrator for determining 

 compliance with the appropriate NOx limit in section 

 227-2.4 of this Subpart, and must, in addition, follow the

 procedures set forth in Part 202 of this Title:
 

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 (i) for large and mid-size boilers, utilize Method 7, 7E, 

 or 19 from 40 CFR part 60, Appendix A or another reference

 method approved by the department;

Parameter Monitored: OXIDES OF NITROGEN

Upper Permit Limit: 0.12 pounds per million Btus

Reference Test Method: EPA Method 7, 7E, or 19

Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 82: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:6 NYCRR 227.2 (b) (1)

Item 82.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00010

 Process: OIL

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 82.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 Pursuant to Section 110 of the Federal Clean Air Act, the

 EPA approved, as part of New York's State Implementation 

 Plan, a regulation for the control of particulate matter. 

 The Department has since revised this rule, changing the 

 applicability criteria and the numerical limits. The 

 revisions, however, have not been approved by the EPA. 

 This condition requires compliance with the rule as it is 

 contained in the federally-approved SIP. This requirement 

 was previously cited as 6NYCRR Part 227.2(b)(1) and is 

 listed in the table of EPA-approved New York State 

 regulations sited under 40 CFR 52.1679 Subpart HH.

 The requirement is stated as follows:

 No person shall cause, permit or allow a two hour average 

 emission into the outdoor atmosphere of particulates in 

 excess of 0.10 pound per million Btu heat input from any 

 oil fired stationary combustion installation. Upon 

 written application, the commissioner may exempt a person 

 from the provisions of this section, when in view of the 

 properties of the emissions, isolated conditions, stack 
 

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 height and other factors, it is clearly demonstrated that 

 the emissions thus permitted will not cause a 

 contravention of established ambient air quality 

 standards.

 Compliance testing must be performed once during the term 

 of the permit, except a test is not required if there are 

 no semi-annual (calendar) periods during the term of the 

 permit with at least 168 operating hours while burning 

 oil.

Parameter Monitored: PARTICULATES

Upper Permit Limit: 0.10 pounds per million Btus

Reference Test Method: EPA Method 5

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 83: Exemption from the averaging period.

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:40CFR 60.42c(h), NSPS Subpart Dc

Item 83.1:

This Condition applies to Emission Unit: U-00010

 Process: OIL

Item 83.2:

Compliance with emission limits and/or fuel oil sulfur limitations shall be based on a

certification from the fuel supplier as stated in paragraph 40 CFR 60-Dc.48c(f)(1), (2),

or (3) as applicable.

Condition 84: Enforceability.

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:40CFR 60.42c(i), NSPS Subpart Dc

Item 84.1:

This Condition applies to Emission Unit: U-00010

 Process: OIL

Item 84.2:

The sulfur dioxide emission limits, percentage

reductions, and fuel oil sulfur limitations shall

apply at all times, including periods of

startup, shutdown, and malfunction.

Condition 85: Compliance Certification
 

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 Effective between the dates of 05/17/2010 and 05/16/2015

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

Item 85.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00010

 Process: OIL

Item 85.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 On and after the date on which the initial performance 

 test is completed or required to be completed under §60.8 

 of this part, whichever date comes first, no owner or 

 operator of an affected facility that combusts oil and has

 a heat input capacity of 30 million BTU per hour or 

 greater shall cause to be discharged into the atmosphere 

 from an affected facility any gases that exhibit greater 

 than 20 percent opacity (6-minute average), except for one

 6-minute period per hour of not more than 27 percent 

 opacity.

 The owner or operator shall conduct opacity observations 

 according to EPA Method 9 upon request from the 

 Department. 

 At least once per semi-annual calendar period (January 1 

 to June 30, July 1 to December 31), the owner or operator 

 shall observe the emissions points while the device is in 

 operation burning oil. The owner or operator shall record

 the date, the time, the weather conditions (rain, snow, 

 cloudy, clear), and whether there is any visible plume 

 (excluding condensed water vapor). To the extent 

 practicable, the observer shall position him or herself 

 with the sun behind his or her back. Such testing is not 

 required if fuel oil is combusted for less than 168 hours 

 in the semi-annual period.

 In the event that visible emissions are observed, the 

 owner or operator shall contact the Department by phone as

 soon as practicable, but in no event later than two 

 business days after conducting the observation. Within 30 

 days, when requested by the Department in writing, the 

 owner or operator must submit to the Department a report 

 describing the emissions.

 All records of observations must be maintained at the 
 

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 facility for a period of five years.

 A report must be submitted to the Department semiannually 

 (calendar basis) stating whether the monitoring has been 

 conducted. Reports must be submitted no later than 30 

 days after the end of each semi-annual period.

Parameter Monitored: OPACITY

Upper Permit Limit: 20 percent

Reference Test Method: EPA Method 9

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 6-MINUTE AVERAGE (METHOD 9)

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2010.

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

Condition 86: Enforceability of particulate matter and opacity 

 standards.

 Effective between the dates of 05/17/2010 and 05/16/2015

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

Item 86.1:

This Condition applies to Emission Unit: U-00010

 Process: OIL

Item 86.2:

The particulate matter and opacity standards

of section 40 CFR 60-Dc.43c apply at all

times, except during periods of startup,

shutdown, and malfunction.

Condition 87: Alternative compliance methods for sulfur dioxide.

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:40CFR 60.44c(h), NSPS Subpart Dc

Item 87.1:

This Condition applies to Emission Unit: U-00010

 Process: OIL

Item 87.2:

Facilities demonstrating compliance through

vender certification shall follow the

compliance procedures listed in paragraphs

40 CFR 60-Dc.48c(f)(1), (2), or (3), as

applicable.

Condition 88: Compliance Certification
 

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 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:40CFR 60.45c(a), NSPS Subpart Dc

Item 88.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00010

 Process: OIL

Item 88.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 The owner or operator of an affected facility subject to 

 the opacity standards under 40 CFR 60.43c shall conduct a 

 performance test once during the term of the permit and as

 requested by the Department or EPA to determine compliance

 with the standards. EPA Method 9 (six minute average of 

 24 observation) shall be used for determining the opacity 

 of stack emissions. As required by 40 CFR 60.48c and 

 6NYCRR Part 202-1, the owner or operator shall submit to 

 the EPA and the Department the performance test data from 

 any performance tests.

 The "once during the term of the permit" performance test 

 is not required if there are no semi-annual (calendar) 

 periods during the term of the permit with at least 168 

 operating hours while burning oil.

Parameter Monitored: OPACITY

Upper Permit Limit: 20 percent

Reference Test Method: EPA Method 9

Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT

Averaging Method: 6-MINUTE AVERAGE (METHOD 9)

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 89: Exemption from sulfur dioxide monitoring requirements.

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:40CFR 60.46c(e), NSPS Subpart Dc

Item 89.1:

This Condition applies to Emission Unit: U-00010

 Process: OIL

Item 89.2:

Facilities subject to paragraphs 40 CFR 60-Dc.42c(h)(1), (2), or (3) showing compliance

through vendor certification shall be exempt from section 40 CFR 60-Dc.46c.
 

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Condition 90: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

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

Item 90.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00010

 Process: OIL

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 90.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner or operator of each affected facility subject 

 to the SO2 emission limits, fuel oil sulfur limits, or 

 percent reduction requirements under §60.42c shall submit

 semi-annual reports to the Administrator.

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 91: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:40CFR 60.48c(e)(11), NSPS Subpart Dc

Item 91.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00010

 Process: OIL

Item 91.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner or operator shall keep records and submit 

 semi-annual reports to the USEPA and the Department. Such

 reports shall include records of fuel supplier 

 certifications and a certified statement signed by the 

 owner or operator of this unit that the records of fuel 

 supplier certifications submitted represent all of the 
 

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 fuel combusted during the reporting period.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

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 92: Compliance Certification

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable Federal Requirement:40CFR 60.48c(f)(1), NSPS Subpart Dc

Item 92.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00010

 Process: OIL

Item 92.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Fuel supplier certification shall include the following 

 information for distillate oil:

 i) The name of the oil supplier;

 ii) A statement from the oil supplier that the oil 

 complies with the specifications under the definition of 

 distillate oil in §60.41c (§60.41c defines distillate oil 

 as fuel that complies with the specifications for fuel oil

 numbers 1 or 2, as defined by the American Society for 

 Testing and Materials in ASTM D396-78, A standard 

 Specification for Fuel Oils); and

 (iii) The sulfur content or maximum sulfur content of the 

 oil.

Monitoring Frequency: PER DELIVERY

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).
 

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 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 05/16/2015

 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
 

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 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 94: Unavoidable noncompliance and violations

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable State Requirement:6 NYCRR 201-1.4

Item 94.1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

continuous stack monitoring and quarterly reporting requirements, he need not submit reports for

equipment maintenance or start-up/shutdown for the facility to the commissioner's

representative.

(b) In the event that emissions of air contaminants in excess of any emission standard

in 6 NYCRR Chapter III Subchapter A occur due to a malfunction, the facility owner and/or

operator shall report such malfunction by telephone to the commissioner's representative as soon

as possible during normal working hours, but in any event not later than two working days after

becoming aware that the malfunction occurred. Within 30 days thereafter, when requested in

writing by the commissioner's representative, the facility owner and/or operator shall submit a

written report to the commissioner's representative describing the malfunction, the corrective

action taken, identification of air contaminants, and an estimate of the emission rates. These

reporting requirements are superceded by conditions elsewhere in this permit which contain

reporting and notification provisions for applicable requirements more stringent than those

above.

(c) The Department may also require the owner and/or operator to include in reports

described under (a) and (b) above an estimate of the maximum ground level concentration of

each air contaminant emitted and the effect of such emissions depending on the deviation of the
 

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malfunction and the air contaminants emitted.

(d) In the event of maintenance, start-up/shutdown or malfunction conditions which

result in emissions exceeding any applicable emission standard, the facility owner and/or

operator shall take appropriate action to prevent emissions which will result in contravention of

any applicable ambient air quality standard. Reasonably available control technology, as

determined by the commissioner, shall be applied during any maintenance, start-up/shutdown or

malfunction condition subject to this paragraph.

(e) In order to have a violation of a federal regulation (such as a new source performance

standard or national emissions standard for hazardous air pollutants) excused, the specific

federal regulation must provide for an affirmative defense during start-up, shutdowns,

malfunctions or upsets.

Condition 95: Air pollution prohibited

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable State Requirement:6 NYCRR 211.2

Item 95.1:

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.

Condition 1-19: Visible Emissions Limited

 Effective between the dates of 05/16/2012 and 05/16/2015

 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.

Condition 96: Compliance Demonstration

 Effective between the dates of 05/17/2010 and 05/16/2015

 Applicable State Requirement:6 NYCRR Part 242

Item 96.1:

The Compliance Demonstration activity will be performed for the Facility.

Item 96.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 1. As of midnight, March 1 or, if that March 1 is not a 
 

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 business day, midnight of the first business day 

 thereafter, the owners or operators shall hold (in the 

 compliance account) CO2 allowances available for 

 compliance deduction in an amount not less than the total 

 CO2 emissions for the Control Period as such term is 

 defined in 6 NYCRR 242-1.2(b)(40) for all CO2 budget units

 at the source.

 2. CO2 allowances shall not be deducted, in order to 

 comply with 6 242-1.5(c)(1), for a Control Period that 

 ends prior to the allocation year for which the CO2 

 allowance was allocated. 

 3. The owner or operator of a CO2 budget source that has 

 excess emissions in any Control Period shall forfeit the 

 CO2 allowances required for deduction under 6 NYCRR 

 242-6.5(d)(1), provided CO2 offset allowances may not be 

 used to cover any part of such excess emissions; and pay

 any fine, penalty, or assessment or comply with any other 

 remedy imposed under 6 NYCRR 242-6.5(d)(2).

 4. Each CO2 budget source shall have only one authorized 

 account representative and may have one alternate CO2 

 authorized account representative, as specified in 242-2. 

 Each submission under the CO2 Budget Trading Program shall

 be submitted, signed, and certified by the CO2 authorized 

 account representative (or alternate AAR) and include the 

 following statement: "I am authorized to make this 

 submission on behalf of the owners and operators of the 

 CO2 budget sources or CO2 budget units for which the 

 submission is made. I certify under penalty of law that I

 have personally examined, and am familiar with, the 

 statements and information submitted in this document and 

 all its attachments. Based on my inquiry of those 

 individuals with primary responsibility for obtaining the 

 information, I certify that the statements and information

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

 and complete. I am aware that there are significant 

 penalties for submitting false statements and information 

 or omitting required statements and information, including

 the possibility of fine or imprisonment." 

 5. A CO2 authorized account representative (or his or her

 alternate) may delegate, to one or more natural persons, 

 his or her authority to make an electronic submission to 

 the department or its agent. In order to delegate 

 authority to make an electronic submission, the CO2 

 authorized account representative (or alternate) must 

 submit to the department a notice of delegation as 

 specified in 6 NYCRR 242-2.6. 

 6. For each control period to which a CO2 budget source 
 

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 is subject to the CO2 requirements of 6 NYCRR 242-1.5, the

 CO2 authorized account representative (or alternate) shall

 submit to the DEC, by March 1 following the relevant 

 Control Period, a compliance certification report. The 

 report shall be in a format prescribed by the department 

 and include

 i) identification of the source and each CO2 budget unit 

 at the source;

 ii) at the CO2 authorized account representative's (or 

 alternate's) option, the serial numbers of the CO2 

 allowances to be deducted; and 

 iii) the compliance certification of 6 NYCRR 242-4.1(c). 

 

 7. No owner or operator of a CO2 budget unit shall 

 operate the unit so as to discharge, or allow to be 

 discharged, CO2 emissions to the atmosphere without 

 accounting for all such emissions in accordance with 6 

 NYCRR 242 and 40 CFR Part 75. 

 8. The owners and operators and, to the extent 

 applicable, the CO2 authorized account representative (or 

 alternate) of a CO2 budget unit shall comply with the 

 monitoring, recordkeeping and reporting requirements as 

 provided in 6 NYCRR 242; and 40 CFR Part 75. The owner 

 or operator of each CO2 budget unit must install all 

 monitoring systems necessary to monitor CO2 mass emissions

 in accordance with 40 CFR Part 75, except for equation G1.

 Equation G1 in appendix G shall not be used to determine 

 CO2 emissions under 6 NYCRR 242. The owners or operators 

 must successfully complete all certification tests 

 required under 6 NYCRR 242-8.2 and 40 CFR Part 75 and 

 record, report and quality-assure the data from the 

 monitoring systems.

 9. No owner or operator of a CO2 budget unit shall use 

 any alternative monitoring system, alternative reference 

 method or any other alternative for the required 

 continuous emission monitoring system without obtaining 

 prior written approval.

 10. No owner or operator of a CO2 budget unit shall 

 disrupt the continuous emission monitoring system except 

 for periods of recertification or periods when 

 calibration, quality assurance testing, or maintenance is 

 performed in accordance with the applicable provisions of 

 6 NYCRR 242 and 40 CFR Part 75. 

 11. The CO2 authorized account representative shall 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 106 FINAL

 submit quarterly reports to the department or its agent 

 within 30 days following the end of the calendar quarter 

 covered by the report. Quarterly reports shall be 

 submitted in the manner specified in Subpart H of 40 CFR 

 Part 75 and 40 CFR 75.64. Quarterly reports shall be 

 submitted for each CO2 budget unit (or groups of units 

 using a common stack) and shall include all of the data 

 and information required in subpart G of 40 CFR Part 75 

 except for opacity, NOx and SO2 provisions. Each 

 quarterly report shall contain the certification required 

 in 6 NYCRR 242-8.5(d)(3).

 12. On a calendar year annual basis the owner or operator

 shall submit to the DEC a report stating whether he or she

 has complied with this condition.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

 ** ** Emission Unit Level ****

Condition 1-20: Compliance Demonstration

 Effective between the dates of 05/16/2012 and 05/16/2015

 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. 

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

 use continuous emission monitors to certify compliance. 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 107 FINAL

 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.

The initial report is due 7/30/2012.

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

Condition 1-21: Compliance Demonstration

 Effective between the dates of 05/16/2012 and 05/16/2015

 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,

 based on a 12 month rolling total. The owners and 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 108 FINAL

 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.

The initial report is due 7/30/2012.

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

Condition 1-22: Compliance Demonstration

 Effective between the dates of 05/16/2012 and 05/16/2015

 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/Active Page 109 FINAL

 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.

The initial report is due 7/30/2012.

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

Condition 1-23: Compliance Demonstration

 Effective between the dates of 05/16/2012 and 05/16/2015

 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.
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 110 FINAL

The initial report is due 7/30/2012.

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

Condition 1-24: Compliance Demonstration

 Effective between the dates of 05/16/2012 and 05/16/2015

 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.

The initial report is due 7/30/2012.

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/Active Page 111 FINAL

Condition 1-25: Compliance Demonstration

 Effective between the dates of 05/16/2012 and 05/16/2015

 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.

The initial report is due 7/30/2012.

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

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 112 FINAL

Condition 1-26: Compliance Demonstration

 Effective between the dates of 05/16/2012 and 05/16/2015

 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
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 113 FINAL

Condition 1-27: Compliance Demonstration

 Effective between the dates of 05/16/2012 and 05/16/2015

 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/Active Page 114 FINAL
 

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

 Air Pollution Control Permit Conditions

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