STATE OF NEW HAMPSHIRE 

Department of Environmental Services 

Air Resources Division

Draft Title V Operating Permit

Permit No: TV-0055 

Date Issued: July 31, 2009 

This certifies that: 

Northeast Utilities 

Public Service of New Hampshire 

780 North Commercial Street 

Manchester, NH 03101 

has been granted a Title V Operating Permit for the following facility and location: 

Public Service of New Hampshire 

Merrimack Station 

97 River Rd. 

Bow, NH 03304-3314 

Facility ID No: 3301300026 

ORIS Code: 2364 

Application No: FY96-TV048, received on July 1, 1996, Original Title V Operating Permit application 

This Title V Operating Permit is hereby issued under the terms and conditions specified in the Title V application 

referenced above filed with the New Hampshire Department of Environmental Services under the signature of the 

following responsible official certifying to the best of their knowledge that the statements and information therein are true, 

accurate and complete. 

Responsible Official: Designated Representative: 

John MacDonald (603) 634-2236 John MacDonald (603) 634-2236 

 Alternate Designated Representative: 

Technical Contact: William Smagula (603) 634-2851 

Laurel Brown (603) 634-2331 Authorized Account Representative: 

 John MacDonald (603) 634-2236

Alternate Authorized Account Representative: 

William Smagula (603) 634-2851 

This Permit is issued by the New Hampshire Department of Environmental Services, Air Resources Division 

pursuant to its authority under New Hampshire RSA 125-C, D, J, and O, and in accordance with the provisions 

of the Code of Federal Regulations, Title 40, Part 70. 

This Permit is effective upon issuance and expires on XXXXXXXXXX YY, 2014. 

__________________________________ 

Director, Air Resources Division 
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TABLE OF CONTENTS

ABBREVIATIONS................................................................................................................................................. 4 

FACILITY SPECIFIC TITLE V OPERATING PERMIT CONDITIONS ............................................................ 6 

I. FACILITY DESCRIPTION OF OPERATIONS ........................................................................................................ 6 

II. PERMITTED ACTIVITIES............................................................................................................................... 6 

III. SIGNIFICANT ACTIVITIES IDENTIFICATION AND STACK CRITERIA................................................................ 6 

A. Significant Activity Identification........................................................................................................... 6

B. Stack Criteria ......................................................................................................................................... 8

IV. INSIGNIFICANT ACTIVITIES IDENTIFICATION................................................................................................ 9 

V. EXEMPT ACTIVITIES IDENTIFICATION.......................................................................................................... 9 

VI. POLLUTION CONTROL EQUIPMENT/METHOD IDENTIFICATION .................................................................... 9 

VII. ALTERNATIVE OPERATING SCENARIOS.................................................................................................. 10 

A. Trial Test Burns with Other Fuels (Temporary Permits FP-T-0054 & TP-B-0462) ........................... 10

B. Fly Ash Re-injection (Temporary Permit Nos. FP-T-0054, TP-B-0462):............................................ 12

C. Early Mercury Emission Reduction Methods (RSA 125-O:13): .......................................................... 12

VIII. APPLICABLE REQUIREMENTS................................................................................................................. 12 

A. State-only Enforceable Operational and Emission Limitations........................................................... 12

B. Federally Enforceable Operational and Emission Limitations ........................................................... 17

C. Annual SO2 Allowance Programs (40 CFR 72, 40 CFR 73, Env-A 611.07, and Env-A 2900)............ 27

D. Ozone Season NOx Budget Trading Program (Env-A 3200)............................................................... 28

E. Non-Ozone Season NOx Allowances and NOx RACT Orders (NOx RACT Orders ARD-97-001 and 

ARD-98-001) .................................................................................................................................................. 30

F. Multiple Pollutant Annual Budget Trading and Banking Program (Env-A 2900) [State-only 

enforceable] ................................................................................................................................................... 33

G. Discrete Emission Reduction Trading Program (Env-A 3100)............................................................ 36

H. Carbon Dioxide (CO2) Budget Trading Program (Env-A 4600) (State-only Enforceable)................. 37

I. Monitoring/Testing Requirements ........................................................................................................... 40

J. Recordkeeping Requirements............................................................................................................... 64

K. Reporting Requirements....................................................................................................................... 74

IX. REQUIREMENTS CURRENTLY NOT APPLICABLE........................................................................................ 88 

GENERAL TITLE V OPERATING PERMIT CONDITIONS............................................................................ 89 

X. ISSUANCE OF A TITLE V OPERATING PERMIT ............................................................................................ 89 

XI. TITLE V OPERATING PERMIT RENEWAL PROCEDURES.............................................................................. 89 

XII. APPLICATION SHIELD ............................................................................................................................ 89 

XIII. PERMIT SHIELD ..................................................................................................................................... 89 

XIV. REOPENING FOR CAUSE......................................................................................................................... 90 

XV. ADMINISTRATIVE PERMIT AMENDMENTS .............................................................................................. 91 

XVI. OPERATIONAL FLEXIBILITY ................................................................................................................... 91 

XVII. MINOR PERMIT AMENDMENTS .............................................................................................................. 93 

XVIII. SIGNIFICANT PERMIT AMENDMENTS .................................................................................................. 93 

XIX. TITLE V OPERATING PERMIT SUSPENSION, REVOCATION OR NULLIFICATION ....................................... 94 

XX. INSPECTION AND ENTRY........................................................................................................................ 94 

XXI. CERTIFICATIONS .................................................................................................................................... 94 

A. Compliance Certification Report ......................................................................................................... 94
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B. Certification of Accuracy Statement .................................................................................................... 95

XXII. ENFORCEMENT ...................................................................................................................................... 96 

XXIII. EMISSION-BASED FEE REQUIREMENTS............................................................................................... 96 

XXIV. DUTY TO PROVIDE INFORMATION...................................................................................................... 97 

XXV. PROPERTY RIGHTS ............................................................................................................................. 98 

XXVI. SEVERABILITY CLAUSE...................................................................................................................... 98 

XXVII. EMERGENCY CONDITIONS.................................................................................................................. 98 

XXVIII. PERMIT DEVIATION ..................................................................................................................... 99 

FEDERAL ACID RAIN REQUIREMENTS ....................................................................................................... 99 

XXIX. PHASE II ACID RAIN PERMIT APPLICATION........................................................................................ 99 

XXX. GENERAL ACID RAIN PROVISIONS ..................................................................................................... 99 
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ABBREVIATIONS 

AAL Ambient Air Limit 

AEL Alternative Emission Limit 

AP-42 Compilation of Air Pollutant Emission Factors

ARD Air Resources Division 

ASTM American Society for Testing and Materials 

ATS Allowance Tracking System 

BACT Best Available Control Technology 

BHP (or bhp) Brake Horse Power 

BTU British Thermal Units 

CAA Clean Air Act, 42 U.S.C. § 7401, et seq. 

CAM Compliance Assurance Monitoring 

CAS Chemical Abstracts Service 

CEMS Continuous Emission Monitoring System 

CFR Code of Federal Regulations 

CNG Compressed Natural Gas 

CO Carbon Monoxide 

CO2 Carbon Dioxide 

COMS Continuous Opacity Monitoring System 

DER Discrete Emission Reduction 

Env-A New Hampshire Code of Administrative Rules – Air Resources Division 

Env-Wm New Hampshire Code of Administrative Rules – Waste Management Division 

ECS Emission Control System 

ERC Emission Reduction Credit 

ETS Emissions Tracking System 

FR Federal Register 

gal/hr Gallons per hour 

HAP Hazardous Air Pollutant 

HHV High Heat Value 

HCl Hydrochloric acid 

hr Hour 

kscfm 1,000 standard cubic feet per minute 

kGal 1,000 gallons 

KVDC Kilovolt Direct Current 

KW Kilowatt 

LAER Lowest Achievable Emission Rate 

lb/hr Pounds per hour 

LNB Low NOx Burner 

LNG Liquid Natural Gas 

LPG Liquid Petroleum Gas (Propane) 

MACT Maximum Achievable Control Technology 

mg/L Milligrams per liter 

mmBtu Million British Thermal Units 

MMCF Million Cubic Feet 

MW Megawatt 

NAAQS National Ambient Air Quality Standard 
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ABBREVIATIONS (cont.)

NATS NOx Allowance Tracking System 

NESHAPs National Emissions Standards for Hazardous Air Pollutants 

NG Natural Gas 

NHDES (or DES) New Hampshire Department of Environmental Services 

NMOC Non-Methane Organic Compound 

NOx Oxides of Nitrogen 

NSPS New Source Performance Standard 

NSR New Source Review 

PCB Polychlorinated biphenyls 

PE Potential Emission 

PM Particulate Matter 

PM10 Particulate Matter less than 10 microns diameter 

ppm part per million 

ppmdv part per million by dry volume 

PSD Prevention of Significant Deterioration 

PSI Pounds per Square Inch 

PTE Potential to Emit 

PUC Public Utilities Commission 

RACT Reasonably Available Control Technology 

RTAP Regulated Toxic Air Pollutant 

SIP State Implementation Plan 

SO2 Sulfur Dioxide 

T-12M Tons during any consecutive 12-month period 

TAP Toxic Air Pollutant 

TSP Total Suspended Particulate Matter 

TPY Tons per Year 

USEPA United States Environmental Protection Agency

VER Voluntary Emission Reduction 

VOC Volatile Organic Compound 
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Facility Specific Title V Operating Permit Conditions 

I. Facility Description of Operations

PSNH - Merrimack Station is a fossil fuel-fired electricity generating facility, owned and operated by

Public Service of New Hampshire (PSNH), a subsidiary of Northeast Utilities. The facility is 

comprised of two utility boilers, two combustion turbines operating as load shaving units, an 

emergency generator, an emergency boiler, and coal handling systems including primary and 

secondary coal crushers, coal piles, coal conveyor systems, and coal unloading from railcars. The 

facility operations also include various activities that are classified as insignificant or exempt 

activities. 

The two utility boilers (MK1 and MK2) primarily burn bituminous coal; the two combustion 

turbines primarily burn No. 1 fuel oil or JP-4; the emergency generator burns No. 2 fuel oil or diesel

fuel, and the emergency boiler burns No. 2 fuel oil or low sulfur diesel fuel. PSNH – Merrimack 

Station ignites the two utility boilers with No. 2 fuel oil. 

Each utility boiler stack is equipped with continuous emissions monitoring systems (CEMS) and a 

continuous opacity monitoring system (COMS). PSNH – Merrimack Station emits NOx, SO2, CO, 

VOCs, PM, CO2, RTAPs, and HAPs. PSNH – Merrimack Station has installed control equipment 

and implemented operational changes to reduce emissions, including selective catalytic reduction 

(SCR) systems to control NOx emissions, and electrostatic precipitators (ESP) to control PM 

emissions. 

PSNH – Merrimack Station operates a fly ash re-injection system in each of the two Boilers. 

II. Permitted Activities

In accordance with all of the applicable requirements identified in this permit, the Permittee is 

authorized to operate the devices and or processes identified in Sections III, IV, V and VI within the

terms and conditions specified in this Permit. 

III. Significant Activities Identification and Stack Criteria

A. Significant Activity Identification 

The activities identified in the following table (Table 1) are subject to and regulated by this Title 

V Operating Permit: 
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Table 1 Significant Activity Identification 

Emission 

Unit 

Number 

Description of 

Emission Unit 

Maximum Gross Heat Input 

Rate or Maximum Power 

Output 

Maximum Operating Conditions 

MK1 Steam Generating Unit 1 

(Installed in 1960) 

Front wall firing 

Bituminous Coal: 1,238 mmBtu/hr A) Maximum fuel consumption rate of 

bituminous coal shall be limited to 

48.5 tons/hr, not to exceed 425,289 

tons during any consecutive 12-

month period1

B) No. 2 fuel oil consumption shall 

not exceed 14.5 million gallons 

during any consecutive 12 month 

period. 

MK2 Steam Generating Unit 2 

(Installed in 1968) 

Opposed wall firing 

Bituminous Coal: 3,473 mmBtu/hr A) Maximum fuel consumption rate of 

bituminous coal shall be limited to 

136.2 tons/hr, not to exceed 

1,193,078 tons during any 

consecutive 12-month period2. 

B) No. 2 fuel oil consumption shall 

not exceed 14.5 million gallons 

during any consecutive 12 month 

period. 

MKCT1 Combustion Turbine #1 

(Installed in 1968) 

One-end only firing

No. 1 fuel oil or JP-4: 319 mmBtu/hr Maximum fuel consumption rate shall 

not exceed 2,279 gal/hr3 . 

MKCT2 Combustion Turbine #2 

(Installed in 1969) 

One-end only firing

No. 1 fuel oil or JP-4: 319 mmBtu/hr Maximum fuel consumption rate shall 

not exceed 2,279 gal/hr4 . 

MKPCC Primary Coal Crusher 

(Installed in 1960)

NA Maximum operating rate of the Primary 

Coal Crusher shall be limited to 885 

ton/hr coal. 

 

MKSCC Secondary Coal Crusher 

(Installed in 1960) 

NA Maximum operating rate of the 

Secondary Coal Crusher shall be 

limited to 690 ton/hr coal. 

 

1

 The heating value of bituminous coal is assumed to be 12,750 Btu/lb. The fuel consumption limits may vary based on the actual heat 

content of the fuel burned. 

2

 The heating value of bituminous coal is assumed to be 12,750 Btu/lb. The fuel consumption limits may vary based on the actual heat 

content of the fuel burned. 

3

 The heating value of JP-4 and No. 1 fuel oil is assumed to be 140,000 Btu/gal. The fuel consumption limits may vary based on the 

actual heat content of the fuel burned. 

4

 The heating value of JP-4 and No. 1 fuel oil is assumed to be 140,000 Btu/gal. The fuel consumption limits may vary based on the 

actual heat content of the fuel burned. 
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Table 1 Significant Activity Identification 

Emission 

Unit 

Number 

Description of 

Emission Unit 

Maximum Gross Heat Input 

Rate or Maximum Power 

Output 

Maximum Operating Conditions 

MKEG Emergency Generator 

(Installed in 1988) 

Diesel fuel or No. 2 fuel oil: 

3.93 mmBtu/hr 

A) Maximum fuel consumption rate of 

diesel fuel shall not exceed 28.7 

gal/hr.5

B) Maximum fuel consumption rate of 

No. 2 fuel oil shall not exceed 28.1 

gal/hr.6

 

MKEB Emergency Boiler 

(Temporary – Each 

installation)

No. 2 fuel oil (with a maximum sulfur 

content of 0.4% by weight), or onroad low sulfur diesel oil (with a 

maximum sulfur content of 0.05% by 

weight): 96 mmBtu/hr 

A) Maximum fuel consumption rate of 

No. 2 fuel oil shall not exceed 520 

gal/hr and 11,760 gal/day7

; or 

B) Maximum fuel consumption rate of 

on-road low sulfur diesel oil shall 

not exceed 701 gal/hr 

B. Stack Criteria 

A. The following devices at the Facility shall have exhaust stacks that discharge vertically, 

without obstruction, and meet the criteria in Table 2: 

Table 2 – Stack Criteria 

Stack 

Number 

Emission 

Unit 

Number 

Emission Unit 

Description 

Minimum Stack 

Height (Feet) 

Above Ground 

Level 

Maximum 

Inside Stack 

Diameter (Feet) 

STMK1 MK1 Steam Generating Unit 

No. 1 

225 8.6 

STMK2 MK2 Steam Generating Unit 

No. 2 

317 14.5 

STMKCT1 MKCT1 Combustion Turbine #1 20 10.5 x 14 

STMKCT2 MKCT2 Combustion Turbine #2 20 10.5 x 14 

STMKEG MKEG Emergency Generator 12 0.5 

STMKEB MKEB Emergency Boiler 22.33 4.0 

B. Stack criteria described in Table 2 may be changed without prior approval from the 

Division provided that: 

1. An air quality impact analysis is performed either by the facility or the Division (if 

 

5

 The heating value of the fuel is assumed to be 137,000 Btu/gal. The fuel consumption limits vary based on the actual heat content of 

the fuel burned. 

6

 The heating value of No. 2 fuel oil is assumed to be 140,000 Btu/gal. The fuel consumption limits may vary based on the actual heat 

content of the fuel burned. 

7

 The heating value of No. 2 fuel oil is assumed to be 140,000 Btu/gal. The fuel consumption limits may vary based on the actual heat 

content of the fuel burned. 
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requested by the facility in writing) in accordance with Env-A 606, Air Pollution 

Dispersion Modeling Impact Analysis Requirements, and the “Guidance and 

Procedure for Performing Air Quality Impact Modeling in New Hampshire,” and 

2. The analysis demonstrates that emissions from the modified stack will continue to 

comply with all applicable emission limitations and ambient air limits. 

C. All air modeling data and analyses shall be kept on file at the facility for review by the 

Division upon request. 

D. The Owner or Operator shall provide written notification to the Division of the stack 

change within 15 days after making the change. Such notification shall include: 

 1. A description of the change; and 

 2. The date on which the change occurred. 

IV. Insignificant Activities Identification

All activities at this facility that meet the criteria identified in Env-A 609.04(d), shall be considered 

insignificant activities. Emissions from the insignificant activities shall be included in the total 

facility emissions for the emission-based fee calculation described in Section XXIII. of this Permit. 

V. Exempt Activities Identification

All activities identified in Env-A 609.03(c) shall be considered exempt activities and shall not be 

included in the total facility emissions for the emission based fee calculation described in Section 

XXIII of this permit. 

VI. Pollution Control Equipment/Method Identification

The devices and/or processes identified in Table 3 are considered pollution control equipment or 

techniques for each identified emissions unit: 

Table 3 – Pollution Control Equipment/Method Identification 

Pollution 

Control 

Equipment 

Number 

Description of Equipment/Method Emission Unit 

Number 

MK1-PC1 Electrostatic Precipitator (ESP) #1 on MK1 MK1 

MK1-PC2 ESP #2 on MK1 MK1 

MK1-PC3 Selective Catalytic Reduction (SCR) System MK1 

MK2-PC4 ESP #1 on MK2 MK2 

MK2-PC5 ESP #2 on MK2 MK2 

MK2-PC6 SCR System MK2 
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VII. Alternative Operating Scenarios

While operating under an alternative operating scenario, the Permittee shall comply with all 

applicable requirements specified in this permit, including but not limited to, state and federal 

operational and emission limitations specified in Section VIII.A and H, monitoring, and testing 

requirements specified in Section VIII. I, recordkeeping requirements specified in Section VIII. J and

reporting requirements specified in Section VIII.K. Pursuant to 40 CFR 70.6 (a)(9), the Permittee 

shall keep all applicable records pertaining to the alternative operating scenario during such 

operation. The Permittee shall keep a record of the scenario under which it is operating. 

A. Trial Test Burns with Other Fuels (Temporary Permits FP-T-0054 & TP-B-0462) 

Prior to the use of any fuel other than bituminous coal, No. 2 fuel oil or other fuels previously

reviewed and approved by DES, PSNH – Merrimack Station shall submit a proposal to DES, 

which shall include, but not be limited to the following: 

1. Type of fuel; 

2. Analysis data of the fuel proposed, which shall include proximate and ultimate analysis, 

volatile and semi-volatile analyses (i.e., EPA Method 8240, 8250, 8260, or 8270) and metals 

analysis (i.e., Method 3050 and mercury). 

3. Specification of baseline operating conditions at PSNH - Merrimack Station including coal 

feed rate, percent moisture of coal feed, oil firing rate, ESP and SCR operating conditions, 

and emissions values of SO2, NOx, particulate matter (TSP and PM10, if available), CO (if 

available), and opacity; 

4. A comprehensive test plan, which shall present the proposed operating conditions for the 

trial burn, to include but not be limited to the following: 

a) Length of fuel trial; 

b) New fuel rate; 

c) Means of measuring new fuel feed rate; 

d) Description of new fuel feed process; 

e) New fuel preparations prior to burning; 

f) Percent moisture of new fuel feed; 

g) Time table for operation stability; 

h) Coal feed rate; 

i) Coal percent moisture; 
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j) ESP and SCR operating conditions; 

k) Expected emission values of opacity, SO2, NOx , particulate matter (TSP and PM10, if 

available), and CO; 

l) The test plan shall also address the continuous tracking or operational data prior to the 

fuel trial, during the fuel trial, and for a short time after the fuel trial. SO2, NOx, and 

opacity can be monitored using the existing CEMs. 

m) A compliance stack test protocol for TSP emissions using US EPA Methods 1 through 4, 

Method 5, Method 17, or a DES approved alternative, when requested by DES. 

n) Operational parameters to be monitored and recorded, which shall include, but not be 

limited to steam flows, boiler temperatures, ammonia flow, and oxygen; 

o) The effects of the new fuel on flyash characteristics and resulting effect on the ESP and 

SCR operations; 

p) The effects of the new fuel on bottom ash characteristics; 

q) Specification and description of expected operational and combustion conditions when 

the trial burn has reached stable conditions with the new fuel feed; and 

r) A timetable or schedule with approximate dates of the trial test burn. 

5. Based on information regarding the proposed trial fuel burn provided by PSNH – Merrimack 

Station, the DES may request additional specific information on the proposed trial burn 

operations. In addition, metal emission stack testing may be required dependent upon DES 

review of the new fuel metal analysis. 

6. If the new fuel is to be consumed on a regular basis, PSNH – Merrimack Station shall apply 

for a Temporary Permit or apply for an amendment to this Title V Operating Permit, as 

determined by DES. If the new fuel results in a major modification, NSR or PSD program 

requirements may apply, as well as a public notice, and comment period. 

7. DES shall respond within 30 days of receipt of a proposal with approval, conditional 

approval, denial, or request for additional information. 

8. DES Waste Management Division may have additional requirements and concerns and shall 

be contacted by PSNH – Merrimack Station prior to the initiation of any trial burn, if 

applicable. 

9. A summary report shall be submitted to DES within 30 days after the end of the trial fuel 

burn, which should include a summary of operational results and trends, emission values to 

include CEM and stack test data, and proposed future use of the trial fuel. 
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B. Fly Ash Re-injection (Temporary Permit Nos. FP-T-0054, TP-B-0462): 

Fly ash has historically been, and is currently re-injected at PSNH – Merrimack Station as part of 

normal operation. As necessary, based on operational and/or technical drivers, including 

available options for storage and beneficial reuse, PSNH – Merrimack Station is authorized to 

cease fly ash re-injection, as an alternative operating scenario. 

C. Early Mercury Emission Reduction Methods (RSA 125-O:13): 

Prior to July 1, 2013, PSNH is authorized to test and implement mercury reduction control 

technologies or methods, including sorbent injection, to achieve early reductions in mercury 

emissions below the baseline mercury emissions, as an alternative operating scenario. Prior to 

any testing, PSNH shall submit a trial plan to DES for review and approval. The plan must 

contain, at a minimum, the following information: 

1. Description of the early mercury emission reduction control methodology. 

2. Expected values of mercury, SO2, and TSP emissions, and opacity. 

3. Compliance stack test protocol in accordance with Env-A 800 for TSP emissions testing 

using Method 1 through 4, Method 5, or a DES approved alternative or other pollutant 

testing, when requested by DES. If this testing is also to demonstrate the effectiveness of 

the mercury reduction method and amount of reduction, then compliance testing for mercury 

shall be conducted using a DES approved method. 

4. The effects of the methodology on fly ash characteristics, bottom ash characteristics, and 

ESP operation. 

5. Based on information regarding the proposed trial mercury emission reduction methodology, 

DES may request additional specific information on the proposed methodology. 

6. If the new methodology is to be used on a regular basis, PSNH must submit the necessary 

information for a permit application, as applicable. 

7. A summary report shall be submitted to DES within 60 days after stack testing is completed. 

The report shall include a summary of operational results and trends, emissions values 

including CEM, COM, and stack test data, and proposed future use of the methodology. 

VIII. Applicable Requirements

A. State-only Enforceable Operational and Emission Limitations 

The Permittee shall be subject to the state-only operational and emission limitations identified in 

Table 4 below. 
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Table 4 – State-Only Enforceable Operational and Emission Limitations 

Item 

No. 

Regulatory Cite Applicable 

Emission 

Unit 

Applicable Requirement 

1. Env-A 1403 All devices 

subject to 

RSA 125-I 

and Env-A 

1400 

All devices or processes, subject to RSA 125-I and Env-A 1400, shall 

comply with Env-A 1400 (Regulated Toxic Air Pollutants). 

2. Env-A 1403.01(d) All devices 

subject to 

RSA 125-I 

and Env-A 

1400 

Documentation for the demonstration of compliance shall be retained at 

the facility and shall be made available to DES for inspection upon 

request. 

3. Env-A 1404.01 All devices 

subject to 

RSA 125-I 

and Env-A 

1400 

A) The owner of a new or modified device or process requiring a permit 

under this chapter shall submit an application for a temporary permit 

in accordance with Env-A 607.03. 

B) Pursuant to RSA 125-I:5,I, the owner shall not operate the device or 

process until a temporary permit is issued. 

4. Env-A 1405.01 All devices 

subject to 

RSA 125-I 

and Env-A 

1400 

The owner of any device or process that emits an RTAP shall determine 

compliance with the AAL by using one of the methods provided in EnvA 1405. Upon request, the owner of any device or process that emits an 

RTAP shall provide documentation of compliance with the AAL to DES. 

5. Env-A 1405.02 MK1 & MK2 Ammonia slip stream emissions from the SCR units shall not exceed 10 

ppmdv at 3% oxygen (dry basis), as measured at the stack outlet. 

6. Env-A 1002.04 

Fugitive Dust 

Facility wide The Permittee shall prevent, abate, and control fugitive dust emissions, 

including fugitive coal dust using best management practices.8 

7. RSA 125-O:13,I. 

Compliance 

MK1 & MK2 The owner shall install and have operational scrubber technology to 

control mercury emissions at Merrimack Units 1 and 2 no later than July 

1, 2013. 

8. RSA 125-O:13,II. 

Compliance 

Affected 

sources as 

defined in 

RSA 125-

O:12, namely 

MK1, MK2, 

SR4, & SR6 

Beginning on July 1, 2013, total mercury emissions from the affected 

sources shall be at least 80 percent less on an annual basis than the 

baseline mercury input, as defined in RSA 125-O:12,III. 

9. RSA 125-O:13,III. 

Compliance 

MK1 & MK2 Prior to July 1, 2013, the owner shall test and implement, as practicable, 

mercury reduction control technologies or methods to achieve early 

reductions in mercury emissions below the baseline mercury emissions. 

The owner shall report the results of any testing to the DES and shall 

submit a plan for DES approval before commencing implementation of 

mercury reduction control technologies or methods. 

 

8

 To comply with this provision, PSNH – Merrimack Station shall use Best Management Practices to manage and minimize fugitive 

coal dust. See the Best Management Practice policies established in the PSNH Generation Environmental Management System Plan 

for Fugitive Plant Emissions. 
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Table 4 – State-Only Enforceable Operational and Emission Limitations 

Item 

No. 

Regulatory Cite Applicable 

Emission 

Unit 

Applicable Requirement 

10. RSA 125-O:13,V. 

Compliance 

MK1 & MK2 Mercury reductions (achieved by the scrubber technology) that are greater 

than 80 percent, shall be sustained in so far as the proven operational 

capability of the system, as installed allows. DES in consultation with the 

owner shall determine the maximum sustainable rate of mercury emission 

reductions for each of the boilers and incorporate such emission 

reductions rate as a permit condition of operational permits issued by 

DES for units MK1 & MK2. 

11. RSA 125-O:13,VI. 

Compliance 

MK1 & MK2 The purchase of mercury emissions allowances or credits from any 

established emissions allowance or credit program shall not be allowed 

for compliance with the mercury reduction requirements of RSA 125-

O:16,II. 

12. RSA 125-O:13,VII. 

Compliance 

MK1 & MK2 If the mercury reduction requirement of RSA 125-O:13,II. is not achieved 

in any year after the July 1, 2013 implementation date, and after full 

operation of the scrubber technology, then the owner may utilize early 

emissions reduction credits or over-compliance credits, or both, to make 

up any shortfall, and thereby be in compliance. 

13. RSA 125-O:13,VIII. 

Compliance 

MK1 & MK2 If the mercury reduction requirement of RSA 125-O:13,II. is not achieved 

in any year after the July 1, 2013 implementation date despite the owner’s 

installation and full operation of scrubber technology, consistent with 

good operational practice, and the owner’s exhaustion of any available 

early emissions reduction or over-compliance credits, then the owner 

shall be deemed in violation of this section unless it submits a plan to the 

DES, within 30 days of such non-compliance, and subsequently obtains 

approval of that plan for achieving compliance within one year from the 

date of such non-compliance. The DES may impose conditions for 

approval of such plan. 
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Table 4 – State-Only Enforceable Operational and Emission Limitations 

Item 

No. 

Regulatory Cite Applicable 

Emission 

Unit 

Applicable Requirement 

14. RSA 125-O:16,I. 

Economic 

Performance 

Incentives 

MK1 & MK2 A) DES shall issue to the owner early emissions reduction credits in the 

form of credits or fractions thereof for each pound of mercury or 

fraction thereof reduced below the baseline mercury emissions, on an 

annual basis, in the period prior to July 1, 2013. 

B) Ratios of early reduction credits to pounds of mercury reduced shall 

be as follows: 

i) 1.5 credits per pound reduced prior to July 1, 2008; 

ii) 1.25 credits per pound for reductions between July 1, 2008 and 

December 31, 2010; and 

iii) 1.1 credits per pound for reductions between January 1, 2011 and 

July 1, 2013. 

C) Reductions shall be calculated based upon the results of stack tests 

conducted, measurement by continuous emission monitoring, or other 

methodology approved by the DES to confirm emissions during the 

time of operation of mercury reduction technology. 

D) Early emissions reduction credits may be banked by the owner or 

utilized after July 1, 2013 to meet the reduction requirement of RSA 

125-O:13,II. as allowed under RSA 125-O:13,VII. 

E) Early emissions reduction credits are not sellable or transferable to 

non-affected sources; however, upon the July 1, 2013 compliance 

date, the owner may request a one-for-one conversion of early 

emissions reduction credits to over-compliance credits. 

F) Should a federal rule applicable to mercury emissions at one or more 

of the affected sources be enacted with an implementation date prior 

to July 1, 2013, then early reduction credits may only be earned for 

emissions reductions that exceed the level required by the federal rule 

of the affected sources in aggregate or the baseline mercury emissions 

level, whichever is lower, at the same ratios listed in B), above. 

G) Early emissions reduction credits shall not be used for compliance 

with the requirement of RSA 125-O:13,II. prior to the installation of 

scrubber technology, and shall not be used as a means to delay the 

installation of the scrubber technology. 
Draft PSNH – Merrimack Station Page 16 

97 River Road, Bow, NH 

TV-0055 

Table 4 – State-Only Enforceable Operational and Emission Limitations 

Item 

No. 

Regulatory Cite Applicable 

Emission 

Unit 

Applicable Requirement 

15. RSA 125-O:16,II. 

Economic 

Performance 

Incentives 

MK1 & MK2 A) DES shall issue to the owner over-compliance credits in the form of 

credits or fractions thereof for each pound of mercury or fraction 

thereof reduced in excess of the emissions reduction requirement of 

RSA 125-O:13,II., on an annual basis, following the compliance date 

of July 1, 2013. 

B) The ratios of over-compliance credits to excess pounds of mercury 

reduced shall be as follows: 

i) 0.5 credits per pound reduced for reductions between 80 and 85 

percent; 

ii) 1 credit per pound reduced for reductions between 85 and 90 

percent reduction; and 

iii) 1.5 credits per pound reduced for reductions of 90 percent or 

greater. 

C) Over-compliance credits may be banked for future use. The 

requirements of RSA 125-O:13,V. shall not alter the emissions levels 

at which over-compliance credits are earned. 

D) Should a federal rule applicable to mercury emissions at one or more 

of the affected sources be enacted, then over-compliance credits may 

only be earned for emissions reductions that exceed the level required 

by the federal rule of the affected sources in aggregate or the 

requirement of RSA 125-O:13,II., whichever is lower, at the same 

ratios listed in B), above. 

E) At the request of the owner of an affected source, over-compliance 

credits may be surrendered by the owner to the DES and SO2

allowances shall be transferred to the owner at a rate of 55 tons SO2

allowances for every one over-compliance credit. Transfer shall be 

limited to a maximum of 20,000 total tons SO2 allowances transferred 

in a given year, defined as the sum of all SO2 allowances received by 

the affected sources under RSA 125-O:4,IV(a)(2) and IV(a)(3), and 

under this subparagraph. SO2 allowances shall be credited to the 

affected sources’ accounts in the following year in accordance with 

RSA 125-O:4,IV(a)(4). 
Draft PSNH – Merrimack Station Page 17 

97 River Road, Bow, NH 

TV-0055 

B. Federally Enforceable Operational and Emission Limitations 

1. The Permittee shall be subject to the emission limitations summarized in Table 5 below for 

the listed fuel burning devices. 

Table 5 – Summary of Emissions Limitations 

Item 

No. 

Pollutant MK1 MK2 MKCT1 & 

MKCT2 

MKEB 

1. SO2 NA NA NA 38.96 lb/hr and 

40.0 tons per 

consecutive 12-

month period 

based on AP-42 

emission factors 

and fuel use 

records 

(NSR/PSD 

avoidance in TPB-0490) 

2. SO2 Emissions 

Cap for Schiller 

Station, 

Merrimack 

Station, and 

Newington 

Station 

Combined 

55,150 tons per calendar year NA NA 

3. NOx 1.22 lb/mmBtu 

of heat input on a 

7-day average by 

May 31, 1995; 

18.1 tons per 

calendar day 

when MK2 is not 

in full operation 

by May 31, 

1995; and 

29.1 tons per 

calendar day for 

combined NOx 

emissions from 

MK1 and MK2 

by May 31, 1999 

0.86 lb/mmBtu 

of heat input on 

an annual 

average basis 

beginning 

January 1, 2000; 

15.4 tons per 

calendar day by 

May 31, 1999; 

and 

29.1 tons per 

calendar day for 

combined NOx 

emissions from 

MK1 and MK2 

by May 31, 1999 

0.90 lb/mmBtu 

for each unit 

13.72 lb/hr and 

25.0 tons per 

consecutive 12-

month period 

based on AP-42 

emission factors 

and fuel use 

records 

(NSR/PSD 

avoidance in TPB-0490) 

4. CO NA NA NA 3.43 lb/hr and 

100.0 tons per 

consecutive 12-

month period 

based on EPA 

AP-42 emission 

factors and fuel 

use records 

(NSR/PSD 

avoidance in TPB-0490) 
Draft PSNH – Merrimack Station Page 18 

97 River Road, Bow, NH 

TV-0055 

Table 5 – Summary of Emissions Limitations 

Item 

No. 

Pollutant MK1 MK2 MKCT1 & 

MKCT2 

MKEB 

5. TSP/PM10 0.27 lb 

TSP/mmBtu and 

1,463.1 tons per 

consecutive 12-

month period 

0.227 lb 

TSP/mmBtu and 

3,458.6 tons per 

consecutive 12-

month period 

NA 0.30 lb/MMBtu 

TSP based on 

Env-A 2002.08; 

2.26 lb/hr PM10; 

and 15.0 tons 

PM10 per 

consecutive 12-

month period 

based on EPA 

AP-42 emission 

factors and fuel 

use records 

(NSR/PSD 

avoidance in TPB-0490) 

6. Opacity Normal 

Operation – Not 

to exceed 30% as 

an hourly 

average, except 

during periods of 

startup or shut 

down. Not to 

exceed 40% for 

any continuous 

6- minute period, 

except during 

periods of 

startup, 

shutdown, 

malfunction, or 

soot blowing. 

Startup, 

Shutdown, 

Malfunction, or 

Soot Blowing –

Not to exceed 

40% for more 

than 60 minutes 

in an 8 hour 

period. 

Normal 

Operation – Not 

to exceed 30% as 

an hourly 

average, except 

during periods of 

startup or shut 

down. Not to 

exceed 40% for 

any continuous 

6- minute period, 

except during 

periods of 

startup, 

shutdown, 

malfunction, or 

soot blowing. 

Startup, 

Shutdown, 

Malfunction, or 

Soot Blowing – 

Not to exceed 

40% for more 

than 60 minutes 

in an 8 hour 

period. 

Normal 

Operation – Not 

to exceed 40% 

for any 

continuous 6-

minute period. 

Normal 

Operation – Not 

to exceed 20% 

for any 

continuous 6-

minute period, 

except during 

periods of 

startup, 

shutdown, or 

malfunction. 

Startup, 

Shutdown, or 

Malfunction – 

Not to exceed 

27% for one 6-

minute period 

per hour. 
Draft PSNH – Merrimack Station Page 19 

97 River Road, Bow, NH 

TV-0055 

2. The Permittee shall be subject to the federally enforceable operational and emission 

limitations identified in Table 6 below: 

Table 6 – Federally Enforceable Operational and Emission Limitations 

Item 

No. 

Regulatory Cite Applicable 

Emission 

Unit 

Applicable Requirement 

1. Temporary Permit 

FP-T-0054 & 

Temporary Permit 

TP-B-0462 

MK1 & MK2 No. 2 fuel oil is used to light off fires in MK1 and MK2 before 

establishing the main coal fires. 

2. Env-A 1606.01(a) 

(formerly Env-A 

402.04(a) and (b)) 

Coal Sulfur Limits 

MK1 & MK2 For coal-burning devices placed in operation before April 15, 1970: 

A) The sulfur content of coal fired in MK1 and MK2 shall not exceed 

2.0 lb/mmBtu averaged over any consecutive 3-month period; and 

B) The sulfur content of coal fired in MK1 and MK2 shall not exceed 

2.8 lb/mmBtu. 

3. Env-A 1604.01(a) 

(formerly Env-A 

402.02(a)) & 40 

CFR 60 Subpart 

Dc §60.42c(d)

Sulfur Content 

Limits for Liquid 

Fuels 

MKEB & 

Facility Wide 

The maximum sulfur content of No. 2 fuel oil and JP-4 aviation fuel shall 

not exceed 0.40% sulfur by weight.9

4. Temporary Permit 

FP-T-0054 

MK1-Maximum 

Fuel Consumption 

Rates 

MK1 A) Coal: The maximum bituminous coal consumption rate for MK1 

shall be limited to 48.5 tons per hour and shall not exceed 425,289 

tons during any consecutive 12 month period.10

B) No. 2 Fuel Oil: The maximum No. 2 fuel oil consumption rate to 

MK1 shall be limited to 1,656 gallons per hour and shall not to 

exceed 14.5 million gallons during any consecutive 12 month 

period.11

 

 

9

 DES has streamlined the sulfur content limits for liquid fuel. The MKEB is required by 40 CFR 60 Subpart Dc §60.42c(d) to use 

fuel oil with a sulfur content less than 0.5% sulfur by weight. This requirement to use fuel oil with a sulfur content of less than 0.40% 

by weight is a more stringent requirement. 

10 The heating value of bituminous coal is assumed to be 12,750 Btu/lb. The fuel consumption limits vary based on the actual heat 

content of the fuel burned. 

11 The heating value of No. 2 fuel oil is assumed to be 140,000 Btu/gal. The fuel consumption limits may vary based on the actual 

heat content of the fuel burned. 
Draft PSNH – Merrimack Station Page 20 

97 River Road, Bow, NH 

TV-0055 

Table 6 – Federally Enforceable Operational and Emission Limitations 

Item 

No. 

Regulatory Cite Applicable 

Emission 

Unit 

Applicable Requirement 

5. Temporary Permit 

TP-B-0462 

MK2-Maximum 

Fuel Consumption 

Rates 

MK2 A) Coal: The maximum bituminous coal consumption rate for MK2 

shall be limited to 136.2 tons per hour and shall not exceed 1,193,078 

tons during any consecutive 12 month period.12

B) No. 2 Fuel Oil: The maximum No. 2 fuel oil consumption rate to 

MK2 shall be limited to 1,656 gallons per hour and shall not to 

exceed 14.5 million gallons during any consecutive 12 month 

period.13 

6. Temporary Permit 

FP-T-0054 

MK1-ESP Operation

MK1 A) All available sections of each ESP on Unit #1 (MK1-PC1 and MK1-

PC2) shall be in service at greater than 35 MW load. No more than a 

total of 7 sections in the two ESP units shall be out of service at 

greater than 35 MW load. If more than 7 sections are out of service 

at greater than 35 MW load, the owner or operator must notify (e.g., 

call or e-mail) DES within 24 hours of discovery unless the DES 

offices are closed then the next DES business day. At DES’ request, 

PSNH shall be required to conduct particulate matter testing if more 

than 7 sections are out of service. During startup and when Unit #1 is 

below 35 MW of generation, 16 of 22 fields in MK1-PC1 must be in 

service and 4 of 10 fields in MK1-PC2 must be in service. 

B) PSNH –Merrimack Station shall continuously operate and maintain 

the ESP systems to minimize particulate matter emissions to meet 

permit conditions and to maintain compliance with Env-A 2000. The 

operation and maintenance shall include normal rounds by a qualified 

operator for checking and cleaning of the hoppers and transport lines. 

PSNH – Merrimack Station shall inspect and perform necessary 

maintenance on the ESP during each planned outage. All critical 

maintenance activities performed and corrective actions taken on the 

ESP systems shall be recorded and shall be made available for review 

at the request of DES. 

 

12 The heating value of bituminous coal is assumed to be 12,750 Btu/lb. The fuel consumption limits may vary based on the actual 

heat content of the fuel burned. 

13 The heating value of No. 2 fuel oil is assumed to be 140,000 Btu/gal. The fuel consumption limits may vary based on the actual 

heat content of the fuel burned. 
Draft PSNH – Merrimack Station Page 21 

97 River Road, Bow, NH 

TV-0055 

Table 6 – Federally Enforceable Operational and Emission Limitations 

Item 

No. 

Regulatory Cite Applicable 

Emission 

Unit 

Applicable Requirement 

7. Temporary Permit 

TP-B-0462 

MK2-ESP Operation 

MK2 A) All available sections of each ESP on Unit #2 (MK2-PC4 and MK2-

PC5) shall be in service at greater than 120 MW of generation. If 

more than 8 sections are out of service at greater than 120 MW load, 

the owner or operator must notify (e.g., call or e-mail) DES within 24 

hours of discovery unless the DES offices are closed then the next 

DES business day. At DES’ request, PSNH shall be required to 

conduct particulate matter testing if more than 8 sections are out of 

service. During startup and when Unit #2 is below 120 MW of 

generation, 4 of 12 fields in MK2-PC4 must be in service and 12 of 

24 fields in MK2-PC5 must be in service. 

B) PSNH –Merrimack Station shall continuously operate and maintain 

the ESP systems to minimize particulate matter emissions to meet 

permit conditions and to maintain compliance with Env-A 2000. The 

operation and maintenance shall include normal rounds by a qualified 

operator for checking and cleaning of the hoppers and transport lines. 

PSNH – Merrimack Station shall inspect and perform necessary 

maintenance on the ESP during each planned outage. All critical 

maintenance activities performed and corrective actions taken on the 

ESP systems shall be recorded and shall be made available for review 

at the request of DES. 

8. Temporary Permit 

FP-T-0054 & 

Temporary Permit 

TP-B-0462 

Flyash Re-injection 

MK1 & MK2 Flyash is reinjected from the ash hoppers into the cyclone boilers for up 

to 24 hours per day and each day of the year. This is considered normal 

operation of the flyash injection system.14

9. Temporary Permits 

FP-T-0054 & 

TP-B-0462 

MK1 & MK2 

Opacity Limits 

MK1 & MK2 In accordance with Env-A 2002.01, during normal operation, the average 

opacity shall not exceed 40% for any continuous 6-minute period, except 

under the following conditions. In accordance with Env-A 2002.04(b), 

the average opacity may exceed 40% during periods of startup, shutdown, 

malfunction, soot blowing, grate cleaning, and cleaning of fires, for a 

non-overlapping set or sets of time up to 60 minutes in any 8-hour period. 

The hourly average opacity may not exceed 30% opacity except during 

the eight hours preceding the generator being phased on-line (boiler 

startup) or the eight hours after the generator being tripped off-line (boiler 

shutdown). PSNH – Merrimack Station shall track all 6-minute opacity 

exceedances and the cause for each exceedance and report these permit 

deviations to DES in accordance with Table 11, Item 19 and include them 

in the Semi-Annual Permit Deviation/Monitoring Report in accordance 

with Table 11, Item 18. 

 

14 Particulate matter emissions from the boiler are generally lower when flyash is not reinjected into the boiler. 
Draft PSNH – Merrimack Station Page 22 

97 River Road, Bow, NH 

TV-0055 

Table 6 – Federally Enforceable Operational and Emission Limitations 

Item 

No. 

Regulatory Cite Applicable 

Emission 

Unit 

Applicable Requirement 

10. Env-A 405.01 State 

Acid Rain 

Deposition Control 

Program & 

Temporary Permits 

FP-T-0054 and 

TB-B-0462 

MK1 & MK2 The total sulfur dioxide emissions from PSNH - Merrimack Station (MK1 

& MK2), Newington Station (Unit 1), and Schiller Station (Units 4, 5, & 

6) shall not exceed 55,150 tons per calendar year. 

11. Env-A 2002.06 

(formerly Env-A 

1202.05(b)) 

MK1 The maximum allowable total suspended particulate matter (TSP) 

emission rate from MK1, including emissions rates experienced during 

periods of flyash re-injection, shall be limited to 0.27 lb/mmBtu. The 

maximum TSP emission rate is obtained from use of the equation below: 

E = 0.880 * I-0.166 

Where: 

E = maximum allowable particulate matter emission rate in lb/mmBtu; 

and 

I = maximum gross heat input rate in mmBtu/hr. 

12. Temporary Permit 

FP-T-0054 

MK1 TSP Emission 

Limit 

MK1 Maximum TSP emissions from MK1 shall not exceed 1,463.1 tons 

during any consecutive 12 month period. 

13. Env-A 2003.06 

(formerly Env-A 

1202.05(b)) 

MK2 The maximum allowable total suspended particulate matter (TSP) 

emission rate from MK2, including emissions rates experienced during 

periods of flyash re-injection, shall be limited to 0.227 lb/mmBtu. The 

maximum TSP emission rate is obtained from use of the equation below: 

E = 0.880 * I-0.166 

Where: 

E = maximum allowable particulate matter emission rate in lb/mmBtu; 

and 

I = maximum gross heat input rate in mmBtu/hr. 

14. Temporary Permit 

TP-B-0462 

MK2 TSP Emission 

Limit 

MK2 Maximum TSP emissions from MK2 shall not exceed 3,458.6 tons 

during any consecutive 12 month period. 
Draft PSNH – Merrimack Station Page 23 

97 River Road, Bow, NH 

TV-0055 

Table 6 – Federally Enforceable Operational and Emission Limitations 

Item 

No. 

Regulatory Cite Applicable 

Emission 

Unit 

Applicable Requirement 

15. Env-A 

1211.03(c)(1)b.2. & 

Env-A 

1211.03(d)(1) 

MK2 NOx emissions limits for cyclone-fired boilers firing coal, or any 

combination of fuels utilizing coal with a maximum net power output of 

more than 320 megawatts at all times after December 31, 1989, shall 

comply with the NOx RACT emission limits specified in Env-A 

1211.03(d), i.e., 15.4 tons of NOx per 24-hour calendar day and either: 

A) Comply with the NOx RACT limit of 1.40 lb/mmBtu based on a 24-

hour calendar day average; 

B) Install, operate, and maintain SNCR technology with a minimum 

normalized stoichiometric ratio of 1:1; OR 

C) Install, operate, and maintain NOx RACT air pollution control 

equipment or an air pollution control process having equivalent or 

greater NOx removal efficiency as SNCR, approved by the Division 

and EPA. 

(Note that the facility has chosen Option C)) 

16. 40 CFR 

§76.6(a)(2)15

MK2 MK2 shall not discharge emissions of NOx to the atmosphere in excess of 

0.86 lb/mmBtu of heat input on an annual average basis. 

17. State Permits to 

Operate PO-B-0034 

& PO-B-0035 

MKCT1 & 

MKCT2 

Maximum fuel consumption rate of No.1 fuel oil or JP-4 shall not exceed 

2,279 gal/hr and 19.96 million gallons during any consecutive 12-month 

period for each CT.16

18. Env-A 2002.01 

(formerly Env-A 

1202.01) 

MKCT1 & 

MKCT2 

Average opacity from the CTs shall not be in excess of 40% for any 

continuous 6 minute period. 

19. State Permit to 

Operate PO-B-1788 

MKEG Maximum fuel consumption rate of No. 2 fuel oil shall not exceed 28.7 

gal/hr and 14,350 gallons during any consecutive 12 month period.17

20. Env-A 1211.02(j) 

(formerly Env-A 

1211.01(j)) 

MKEG Each emergency generator shall be limited to a maximum of 500 hours of 

operation during any consecutive 12-month period. The combined 

theoretical potential NOx emissions of all emergency generators at PSNH 

– Merrimack Station are limited to less than 25 tons for any consecutive 

12-month period. If either of these conditions is exceeded, all such 

emergency generators become immediately subject to Env-A 1211.11. 

21. Env-A 2002.02 MKEG Average opacity from the MKEG shall not be in excess of 20% for any 

continuous 6 minute period. 

 

15 Note that MK1 falls below the 1,060,000 lb/hr steam at full load applicability threshold for Phase I Group 2 Boilers and so is not 

subject to 40 CFR §76.6(a)(2), which is a NOx limit of 0.86 lb/mmBtu. 

16 The heating value of the fuel is assumed to be 140,000 Btu/gal. The fuel consumption limits may vary based on the actual heat 

content of the fuel burned. 

17 The heating value of the fuel is assumed to be 137,000 Btu/gal. The fuel consumption limits may vary based on the actual heat 

content of the fuel burned. 
Draft PSNH – Merrimack Station Page 24 

97 River Road, Bow, NH 

TV-0055 

Table 6 – Federally Enforceable Operational and Emission Limitations 

Item 

No. 

Regulatory Cite Applicable 

Emission 

Unit 

Applicable Requirement 

22. Env-A 2002.02, 

Env-A 2002.04, & 

40 CFR 60 

Subpart Dc 

Section 60.43c(c) 

and (d) 

MKEB Pursuant to Env-A 2002.02, and except for the exemptions allowed under 

Env-A 2002.04, the average opacity shall not exceed 20% for any 

continuous 6-minute period.18 (Streamlining opacity requirements.) 

23. Env-A 2002.08 

(formerly Env-A 

1202.07) 

MKEG The TSP emission rate shall not exceed 0.30 lb/mmBtu.

19

24. State Permits to 

Operate 

PO-BP-2416 & 

PO-BP-2417 

MKPCC & 

MKSCC 

A) Maximum operating rate of the primary crusher shall be limited to 

885 tons coal/hr. 

B) Maximum coal throughput of the secondary crusher shall be limited 

to 690 tons coal/hr. 

C) Based on the maximum coal usage allowed in MK1 and MK2’s State 

Permits to Operate, PO-B-0426 and PO-B-0427, the maximum 

annual coal throughput shall be limited to 1,618,367 tons during any 

consecutive 12-month period. 

25. State Permits to 

Operate 

PO-BP-2416 & 

PO-BP-2417 

MKPCC & 

MKSCC 

The primary crusher is located underground beneath the rail car track 

hopper and is fully enclosed to reduce fugitive emissions. The secondary 

coal crushers are fully enclosed in an aboveground building to reduce 

fugitive emissions. The coal crusher systems shall be inspected and 

maintained regularly. Any failures of these enclosures to prevent fugitive 

emissions shall be repaired, as necessary. 

26. Env-A 2103.02 

(formerly Env-A 

1203.05) 

MKPCC & 

MKSCC 

Visible fugitive emissions or visible stack emissions shall not exceed an 

average of 20% opacity for any continuous 6 minute period, except one 

period of 6 continuous minutes in any 60-minute period during startup, 

shutdown, or malfunction. 

27. 40 CFR 72, 73, 75, 

76, and 77. 

MK1 & MK2 PSNH – Merrimack Station shall comply with the applicable Federal 

Acid Rain Program provisions. 

 

18 The MKEB is subject to opacity regulations under 40 CFR 60 Subpart Dc, Sections 60.43c(c) and (d) which are the same as current 

requirements of Env-A 2002.02 and Env-A 2002.04. Hence these two permit limits are combined for streamlining in the permit. 

19 The Owner or Operator shall demonstrate compliance with this requirement by using an approved EPA AP-42 emission factor and 

EPA/DES approved heat input content (Btu/gal). This calculation shall be maintained on file at the facility. 
Draft PSNH – Merrimack Station Page 25 

97 River Road, Bow, NH 

TV-0055 

Table 6 – Federally Enforceable Operational and Emission Limitations 

Item 

No. 

Regulatory Cite Applicable 

Emission 

Unit 

Applicable Requirement 

28. 40 CFR 68 and 1990 

CAA Section 

112(r)(1) 

Accidental Release 

Program 

Requirements 

Facility wide The facility is subject to the Purpose and General Duty clause of the 1990 

Clean Air Act, Section 112(r)(1). General Duty includes the following 

responsibilities: 

(A) Identify potential hazards that may result from such releases using 

appropriate hazard assessment techniques; 

(B) Design and maintain a safe facility; 

(C) Take steps necessary to prevent releases; and 

(D) Minimize the consequences of accidental releases that do occur. 

The facility stores quantities of ammonia above the threshold level and 

has submitted a risk management plan to the Part 68 implementing 

agency as required by the 1990 Clean Air Act, Section 112(r)(7)(ii). 

Administrative controls will be established by PSNH – Merrimack 

Station in order to monitor that inventories of regulated substances 

(except for ammonia) are maintained below the specified threshold 

quantities. 

If, in the future, PSNH – Merrimack Station wishes to store quantities of 

other regulated substances above the threshold levels, a risk management 

plan shall be submitted to the Part 68 implementing agency in a timely 

manner, prior to exceeding threshold quantity levels. 

29. Temporary Permit 

TP-B-0490 

MKEB The maximum gross heat input rate of the Emergency Boiler is limited to 

less than or equal to 96.0 mmBtu/hr. 

30. RSA 125-C:6, 

RSA 125-C:11, 

Env-A 606.04, & 

Temporary Permit 

TP-B-0490

MKEB A) Maximum fuel consumption rate of No. 2 fuel oil shall not exceed 

520 gal/hr and 11,760 gal/day20; or 

B) Maximum fuel consumption rate of on-road low sulfur diesel oil shall 

not exceed 701 gal/hr. 

31. Temporary Permit 

TP-B-0490 

(NSR/PSD 

Avoidance) 

MKEB The owner or operator shall be limited to use less than 1,405,000 gallons 

of No. 2 fuel oil or 2,490,000 gallons of on-road low sulfur diesel oil or 

combination of these two fuels per consecutive 12-month period21 such 

that emissions from the Emergency Boiler stay below the significance 

levels for all criteria pollutants contained in Table 6, Item 36. 

32. RSA 125-C:6, 

RSA 125-C:11, 

Env-A 606.04, & 

Temporary Permit 

TP-B-0490 

MKEB A) The Emergency Boiler is allowed to operate for training purposes or 

performance testing with MK1 or MK2 in operation. 

B) The Emergency Boiler is allowed to operate with either or both 

Combustion Turbines #1 & #2 in operation and the Emergency 

Generator in operation. 

33. Temporary Permit 

TP-B-0490 

MKEB The Emergency Boiler can be replaced each year with a similar unit at or 

below the fuel consumption limits in Table 1 and which satisfies the stack 

height requirements in Table 2. 

 

20 The heating value of No. 2 fuel oil is assumed to be 140,000 Btu/gal. The heating value of on-road low sulfur diesel fuel is assumed 

to be 137,000 Btu/gal. The fuel consumption limits may vary based on the actual heat content of the fuel burned. 

21 The 1,405,000 gallons No. 2 fuel oil per consecutive 12-month period fuel use limit keeps the Emergency Boiler below the 40 ton 

per year significance level for SO2 emissions and the 2,490,000 gallons on-road low sulfur diesel oil per consecutive 12-month period 

fuel use limit keeps the Emergency Boiler below the 25 ton per year significance level for NOx emissions. 
Draft PSNH – Merrimack Station Page 26 

97 River Road, Bow, NH 

TV-0055 

Table 6 – Federally Enforceable Operational and Emission Limitations 

Item 

No. 

Regulatory Cite Applicable 

Emission 

Unit 

Applicable Requirement 

34. 40 CFR 60 

Subpart Dc 

§ 60.42c(i) 

MKEB The fuel oil sulfur limits apply at all times, including periods of startup, 

shutdown, and malfunction. 

35. Env-A 606.04 & 

40 CFR 60 

Subpart Dc 

§ 60.42c(d) 

MKEB The sulfur content of on-road low sulfur diesel oil shall not exceed 0.05 

percent sulfur by weight.22

 

36. Temporary Permit 

TP-B-0490 

(PSD/NSR 

Avoidance) 

MKEB Hourly23 and consecutive 12-month emissions from the Emergency 

Boiler shall be limited as provided in the Table below: 

Pollutant Short-term limit 

(lb/hr)24

Tons per 

consecutive 12-

month period25

NOx 13.72 25.0 

SO2 38.96 40.0 

CO 3.43 100.0 

PM10 2.26 15.0 

VOC 0.14 25.0 

37. 40 CFR 61 Subpart 

M, Env-A 504.01(e) 

and Env-A 1800 

Asbestos 

Management and 

Control 

Facility wide PSNH – Merrimack Station shall comply with the asbestos requirements 

of Env-A 1800 and 40 CFR 61.145 during demolition and/or renovation. 

 

38. 40 CFR 63 Subpart 

YYYY MACT for 

Stationary 

Combustion 

Turbines 

MKCT1 & 

MKCT2 

The MACT is applicable to the combustion turbines, but no emission 

limitations, operating requirements or monitoring, recordkeeping, or 

reporting requirements are specified for existing units. 

 

22 Note that the 0.05% sulfur by weight limit required by Env-A 606.04 (modeling for SO2 NAAQS) is more stringent than the 0.5% 

sulfur by weight limit specified in 40 CFR 60 Subpart Dc Section 60.42c(d). The facility can burn No. 2 fuel oil at less than 0.4% 

sulfur by weight and pass modeling for SO2. 

23 The TSP and PM10 emission limits have been streamlined. Env-A 2002.08 limits TSP emissions to 0.30 lb/mmBtu. The PM10 

hourly and annual emission limits of 2.26 lb/hr and 15 tpy are more stringent. 

24 Short term emissions limits of criteria pollutants in pounds per hour (lb/hr) are based on United States Environmental Protection 

Agency (EPA) AP-42 5th Edition January 1995, Section 1.3 Fuel Combustion (Updated 9/98) Tables 1.3-1, 1.3-2, and 1.3-3. The

facility will submit annual emissions for the Emergency Boiler based on these AP-42 emission factors multiplied by actual fuel use. 

25 Consecutive 12-month period emissions limits are the significance levels to keep the PSNH - Merrimack Station below major 

modification levels requiring Non-Attainment Review or Prevention of Significant Deterioration Review.
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C. Annual SO2 Allowance Programs (40 CFR 72, 40 CFR 73, Env-A 611.07, and Env-A 2900) 

1. SO2 Allowance Allocation 

a) In accordance with 40 CFR Part 73, SO2 allowances pursuant to the Federal Acid Rain 

Program for this facility are allocated as indicated in the following table: 

Table 7 – Federal Annual SO2 Allowance 

Allocations (tons) (40 CFR 73.10 Table 2) 

2000 - 2009 2010 and Beyond 

MK1 4288 4296 

MK2 9242 9257 

b) Pursuant to Env-A 2906.02 [State-only enforceable], Allocation of SO2 Allowances, for 

2007 and subsequent years, PSNH’s Schiller, Merrimack and Newington stations shall 

transfer the SO2 Allowances allocated pursuant to the Federal Acid Rain Program to 

DES, and DES shall transfer SO2 allowances (7,289 tons) calculated pursuant to Env-A 

2900 plus any potential bonus allowances calculated pursuant to Env-A 2906.07, Bonus 

Allocation of SO2 Allowances, back to PSNH’s Schiller, Merrimack, and Newington

stations. The amount of SO2 Allowances allocated to PSNH Merrimack shall be 

determined according to the methodology in Env-A 2906.05, Allowance Allocation 

Methodology. 

2. Compliance 

a) Pursuant to 40 CFR 73.35, the Permittee shall comply with the SO2 emission limitation 

requirements. 

b) At the end of each calendar year, the Permittee shall hold sufficient SO2 allowances 

equivalent to the SO2 emissions during that calendar year. 

3. General Provisions 

Pursuant to Env-A 611.07, SO2 allowances lawfully held or acquired by the Permittee shall 

be governed by the following: 

a) Emissions from the affected units shall not exceed any SO2 allowances held by the 

affected unit; 

b) The number of SO2 allowances held by the Permittee shall not be limited; 
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c) The Permittee shall not use SO2 allowances to avoid compliance with any other 

applicable requirement of either state or federal rules or of the provisions of the Clean Air 

Act; and 

d) Any SO2 allowances held by the Permittee shall be accounted for according to the 

procedures established in the applicable provisions of 40 CFR 72, 40 CFR 73, and 40 

CFR 76. 

4. Excess Emissions 

Pursuant to 40 CFR 72.9(e), if the Permittee has excess emissions, the Permittee shall submit 

a proposed offset plan as required under 40 CFR 77 and pay the penalty and any interest 

without demand pursuant to 40 CFR 77. 

5. Allowance Transfer 

The Permittee shall transfer allowances according to the procedures in 40 CFR 73.50. 

D. Ozone Season NOx Budget Trading Program (Env-A 3200) 

1. The NOx allowances shall be allocated to PSNH - Merrimack Station for each subsequent 

control periods according to the methodology in Env-A 3207.04, Allowance Allocation 

Methodology. 

2. Ozone Season NOx Emissions Cap 

a) Pursuant to Env-A 3200, PSNH - Merrimack Station shall not emit NOx emissions 

during any control period in excess of the amount of NOx allowances held in Merrimack 

Station’s NATS compliance account for that control period as of the allowance transfer 

deadline of November 30. 

b) Pursuant to Env-A 3200, PSNH - Merrimack Station may obtain additional NOx 

allowances to comply with the NOx Budget Program. 

3. Allowance Transfer and Use 

a) Pursuant to Env-A 3209.01, Marketable Emissions Authorization, an allowance shall be a 

marketable emissions authorization that may be bought, sold, or traded at any time during 

any year, not just the current year. 

b) Pursuant to Env-A 3209.02, Limited Authorization, an allowance shall only be used for 

compliance with the NOx Budget Program in a designated compliance year by being in a 

compliance account as of the allowance transfer deadline of November 30, or by being 

transferred into the compliance account by an allowance transfer submitted by the 

allowance transfer deadline. 
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c) PSNH - Merrimack Station shall comply with the NOx allowance transfer and use 

provisions pursuant to Env-A 3209, Allowance Transfer and Use. 

d) Pursuant to Env-A 3209.09, Price Disclosure, subject to a claim of confidentiality in 

accordance with Env-A 103, PSNH - Merrimack Station shall make available to any 

person, all information regarding transaction cost and allowance price. 

4. Allowance Banking 

a) Pursuant to Env-A 3210.01, Retention of Unused Allowances, the banking of allowances 

shall be permitted to allow the retention of unused allowances from one year to a future 

year in either a compliance account, an overdraft account, or a general account. 

b) Pursuant to Env-A 3210.02, Account Designation, unused allowances as of the end of the 

allowance transfer deadline shall be retained in the compliance, overdraft, or general 

account and designated as banked allowances after the NATS administrator has made all 

deductions for a given control period from the compliance account or overdraft account 

pursuant to Env-A 3215, End-of-Season Reconciliation.

c) Pursuant to Env-A 3210.03, Requirements for Use, banked allowances may be used in the 

current year on a 1-for-1 basis. 

5. End-of-Season Reconciliation 

a) Pursuant to Env-A 3206.01, Limited Authorization, PSNH - Merrimack Station shall, no 

later than November 30th of each calendar year, hold a quantity of NOx allowances in 

PSNH - Merrimack Station’s current year NATS account that is equal to or greater than 

the total NOx emitted from PSNH - Merrimack Station during the period May 1st through 

September 30th of the subject year. 

b) PSNH - Merrimack Station shall determine compliance and reconcile allowances by 

November 30th of each year for the control period of that year pursuant to Env-A 3215. 

6. Authorized Account Representative (Env-A 3211.04) 

a) Only the AAR or alternate AAR shall request transfers of allowances in a NATS account. 

b) The AAR or alternate AAR shall be responsible for all transactions and reports submitted 

to the NATS. 

c) The alternative AAR shall have the same authority as the primary representative, 

however, all correspondence from the NATS administrator shall be directed to the 

primary AAR. 

d) Pursuant to Env-A 3211.05 (f), PSNH - Merrimack Station shall replace an AAR by 

submitting a revised Account Certificate of Representation to the NATS administrator 

along with the information contained in Env-A 3211.05(b) and (c) and the name of the 

AAR who is being replaced. 
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7. Conversion of Allowances to DERs 

Pursuant to Env-A 3207.05, PSNH - Merrimack Station may convert unused allowances to 

DERs in accordance with Env-A 3206.02(e) for use as NSR offsets during the ozone season 

and the procedures for DER generation pursuant to Env-A 3103. Upon conversion, PSNH - 

Merrimack Station shall surrender those converted allowances as if they had been used for 

actual emissions. Under no circumstances, except as noted above, shall unused allowances 

be converted to, or used as, DERs or ERCs. 

8. Prohibition on Property Rights (Env-A 3207.07) 

a) Neither an allowance nor any future allocations, which are subject to modification by 

DES, shall constitute a security or other form of property. 

b) An allowance shall not be used prior to the control period for which the allowance is 

allocated. 

9. Excess Emissions and Enforcement Provisions (Env-A 3217) 

a) If emissions exceed the allowances held by PSNH - Merrimack Station by the allowance 

transfer deadline (November 30th), the NATS administrator shall automatically deduct 

three tons of allowances from the next control period for every ton of excess emissions 

from PSNH - Merrimack Station’s compliance account or overdraft account. 

b) In accordance with RSA 125-J:4-a., for purposes of enforcement of the NOx Budget 

Program, in determining the number of days of violation, any excess emissions for the 

control period shall presume that each day in the control period of 153 days, constitutes a 

day in violation unless PSNH - Merrimack Station can demonstrate, through use of 

verifiable emissions data that a lesser number of days should be considered. In addition, 

each ton of excess emissions shall constitute a separate violation. 

E. Non-Ozone Season NOx Allowances and NOx RACT Orders (NOx RACT Orders ARD-97-

001 and ARD-98-001) 

1. Pursuant to NOx RACT Order No. ARD-97-001, Condition D.1.a.ii., no later than May 31, 

1999, PSNH - Merrimack Station shall comply with a NOx emissions cap no greater than 

29.1 tons per calendar day for the combined NOx emissions from MK1 and MK2. This 

requirement shall not supersede future requirements for MK2 as listed in Env-A 1211.03(f) 

(formerly) (now it is Env-A 1211.03(d)) and any amendments, thereto. 

2. Pursuant to NOx RACT Order No. ARD-97-001, Condition D.1.b., when MK2 is not in full 

operation, PSNH - Merrimack Station shall comply with a NOx emissions cap of 18.1 tons 

per calendar day for the NOx emissions from MK1 by May 31, 1995. This cap applies 

indefinitely into the future, until such time that it is modified or rescinded by DES and 

approved by EPA as a State Implementation Plan revision. This requirement shall not 

supersede future requirements for MK1. “Full operation” shall be defined as a unit 
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operating with the CEM activated collecting valid data for all 24 hours on a calendar day. 

The CEM is activated and starts collecting valid data when fires are put in the boiler. 

3. Pursuant to NOx RACT Order No. ARD-97-001, Condition D.1.c., PSNH - Merrimack 

Station shall comply with a NOx emission rate limit of 1.22 lb/mmBtu based on a rolling 7-

day average for MK1 by May 31, 1995. This emission rate limit applies indefinitely into the 

future, until such time that it is modified or rescinded by DES and approved by EPA as a 

State Implementation Plan revision. This requirement shall not supersede future 

requirements for MK1. This rolling 7-day average shall be calculated by adding up 7 

consecutive 24-hour calendar day averages and dividing the sum by 7. Each 24-hour 

calendar day average shall be calculated using valid CEM data only. Hours when there are 

no fires in the boiler and the CEM is not activated shall not be included in the 24-hour 

calendar day average. The rolling 7-day average shall be calculated using days when there is 

valid CEM data only. Days when there are no fires in the boiler and the CEM is not 

activated shall not be included in the 7-day average. 

4. Pursuant to NOx RACT Order No. ARD-97-001, Condition D.1.d., PSNH – Merrimack 

Station shall demonstrate compliance with all of the above alternative emission limits (AEL) 

by monitoring the hourly emissions from MK1 and MK2 in accordance with Env-A 1211.22 

(formerly Env-A 1211.21). “Alternative emission limits” or AEL shall be defined as limits 

other than those listed in Env-A 1211, and the above limits in Items 1., 2., and 3. are not 

alternatives to each other. 

5. Pursuant to NOx RACT Order ARD-97-001, Condition D.1.e., within 30 days following the 

end of each calendar quarter, PSNH – Merrimack Station shall report any excess emissions 

(emissions greater than the above AEL) which occurred. 

6. Pursuant to NOx RACT Order ARD-97-001, Condition D.1.f., PSNH – Merrimack Station 

shall comply with the remainder of the original compliance plan as listed in C.5.b. – C.5.e. 

of the NOx RACT Order No. ARD-97-001 (Items 7 through 10 below). 

7. Pursuant to NOx RACT Order ARD-97-001, Condition C.5.b., PSNH – Merrimack Station 

shall comply with the requirement in Env-A 1211.03(c)(1)b.2. of maintaining an emission 

rate from MK2 at or below 1.40 lb/MMBtu based on a 24-hour calendar day average and 

with the requirements in Env-A 1211.03(d) of maintaining emissions from MK2 at or below 

35.4 tons/day and 12,921 tons/year during the period May 31, 1995 through May 31, 1999 

by the installation of Selective Catalytic Reduction (SCR). 

8. Pursuant to NOx RACT Order ARD-97-001, Condition C.5.c.i., PSNH – Merrimack Station 

shall initially comply with the requirement in Env-A 1211.13(b) of maintaining emission 

rates from MKCT1 and MKCT2 at or below 0.90 lb/MMBtu based on an hourly average; 

and Condition C.5.c.ii., based on the results of future periodic testing, PSNH – Merrimack 

Station shall maintain future compliance by emissions averaging (if necessary) between 

MK1, MK2, MKCT1, and MKCT2. 

9. Pursuant to NOx RACT Order ARD-97-001, Condition C.5.d., PSNH – Merrimack Station 

shall comply with Env-A 1211.11 for the MKEG (emergency generator). 
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10. Pursuant to NOx RACT Order ARD-97-001, Condition C.5.e., PSNH – Merrimack Station 

shall comply with the testing requirements in Env-A 1211.20 (formerly Env-A 1211.21), the 

monitoring requirements in Env-A 1211.21 (formerly Env-A 1211.22), and the 

recordkeeping and reporting requirements in Env-A 905 and Env-A 909, respectively 

(formerly Env-A 901.06 and Env-A 901.07, respectively). 

11. Pursuant to NOx RACT Order ARD-97-001, Condition E., the preamble to the USEPA’s 

proposed Model Open Market Trading Rule or OMTR (60 Federal Register 39668, August 

3, 1995) states: “b. Overcompliance With An Alternative Emission Limit - In many states, 

sources are given flexibility from RACT requirements when the State grants them an 

alternative emission limit (AEL) that is less stringent than the RACT standard. The OMTR 

would not allow sources to generate DER’s by reducing emissions below levels required by 

an AEL but still above levels required by the otherwise applicable RACT standard. Sources 

subject to AEL’s could, however, generate DER’s by reducing emissions below the levels 

associated with the otherwise applicable RACT standard.” 

a) PSNH - Merrimack Station shall not be allowed to generate DERs by reducing emissions 

below levels required by the above AEL, but PSNH - Merrimack Station shall be allowed 

to generate DERs by reducing emissions below the emissions limitations and emission 

rate limitations as listed in Env-A 1211. In the event that PSNH - Merrimack Station 

cannot meet the above AEL for some unforeseen reason (e.g., control equipment 

malfunction), PSNH - Merrimack Station may use DERs for compliance purposes. 

b) This Order grants approval to PSNH - Merrimack Station to quantify DERs in accordance 

with the protocols submitted by PSNH - Merrimack Station to comply with these AEL. 

Upon submittal by PSNH - Merrimack Station of a “Notice of Generation” and 

accompanying documentation, as described in Env-A 3100 which was proposed for 

adoption on October 10, 1996, PSNH - Merrimack Station shall be allowed to trade 142 

tons of NOx DERs created during the period June 22, 1995 through September 30, 1995 

to other sources in New Hampshire in accordance with Env-A 3100. PSNH - Merrimack 

Station may be allowed to trade additional tons of NOx DERs created during subsequent 

periods, upon submittal of additional “Notices of Generation” and accompanying 

documentation. 

12. Pursuant to NOx RACT Order No. ARD-98-001, Condition D.1.a., PSNH - Merrimack 

Station shall comply at all times with a maximum emission limit for MK2 of 15.4 tons of 

NOx per 24-hour calendar day by May 31, 1999. Ozone season Discrete Emissions 

Reductions (DERs) may be used to comply with this limit during the ozone season and nonozone season DERs may be used during the non-ozone season. 

13. Pursuant to NOx RACT Order No. ARD-98-001, Condition D.1.c., PSNH’s Schiller, 

Merrimack, and Newington Stations (MK1, MK2, NT1, SR4, SR5, and SR6) shall comply 

with a combined NOx emissions cap of 8208 tons for the non-ozone season beginning on 

October 1st and ending on April 30th. Ozone season DERs and non-ozone season DERS 

may be used to comply with this non-ozone season limit. Previously generated (1995 

through 1998) DERs may be used to comply with this emissions cap. For the purpose of 

compliance with this RACT Order, DERs may be generated from PSNH’s Newington and 
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Schiller Stations, in accordance with the PSNH Discrete Emissions Reductions Protocol 

dated April 10, 1998, submitted by PSNH and listed in Items 17 and 18 below to comply 

with this emissions cap. 

14. Pursuant to NOx RACT Order No. ARD-98-001, Condition D.1.d., beginning in 2003, 

PSNH Merrimack Station shall comply during the 153-day ozone season with an emission 

limit in terms of a seasonal NOx emissions cap of 3,727 tons minus any tons allocated to 

new sources and minus 100 tons allocated to a set-aside account dedicated to fulfilling 

alternative I/M requirements (while such requirements are in effect in New Hampshire) per 

calendar season for the combined NOx emissions from MK1, MK2, NT1, SR4, SR5, and 

SR6 during the 2003 and post-2003 ozone seasons in accordance with Env-A 3200 upon 

adoption. Consistent with the OTC Model NOx Budget Trading Program, compliance may 

be achieved by allowance trading within the Ozone Transport Region (OTR). The specific 

methodology for allocating allowances among applicable budget sources for 2003 and 

beyond shall be determined by NHDES – Air Resources Division and implemented as an 

amendment to Env-A 3200 prior to 2003. 

15. Pursuant to NOx RACT Order No. ARD-98-001, Condition D.1.f., PSNH Merrimack 

Station shall demonstrate compliance with the alternative emission limits in this RACT 

Order by monitoring the hourly emissions from MK1, MK2, NT1, SR4, SR5, and SR6 in 

accordance with Env-A 1211.21 (formerly Env-A 1211.22) and Env-A 3200. Alternative 

emission limits shall be defined as limits other than those listed in Env-A 1211 and RACT 

Order No. ARD-97-001, and the above limits are not alternatives to each other. 

16. Pursuant to NOx RACT Order No. ARD-98-001, Condition D.1.g., within 30 days 

following the end of each calendar quarter, PSNH Merrimack Station shall report any excess 

emissions (emissions greater than the above alternative emission limits) which occurred. 

F. Multiple Pollutant Annual Budget Trading and Banking Program (Env-A 2900) [Stateonly enforceable] 

1. SO2 Allowance Allocation 

Pursuant to Env-A 2900, Multiple Pollutant Annual Budget Trading and Banking Program, 

and subsequent revisions, DES shall allocate SO2 Allowances to PSNH - Merrimack Station 

according to the methodology in Env-A 2906.05, Allowance Allocation Methodology for 

2007 and subsequent years. 

2. NOx Allowance Allocation 

a) Pursuant to Env-A 2900, Multiple Pollutant Annual Budget Trading and Banking 

Program, and subsequent revisions, DES shall allocate NOx Allowances to PSNH - 

Merrimack Station according to the methodology in Env-A 2906.05, Allowance 

Allocation Methodology for 2007 and subsequent years. 

b) Pursuant to Env-A 2900 [State enforceable only], Multiple Pollutant Annual Budget 

Trading and Banking Program, and subsequent revisions, for 2007 and subsequent years, 
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DES shall calculate the difference between the annual NOx budget (no more than 3,644 

tons) and the ozone season NOx allowances allocated pursuant to Env-A 3200. 

c) Pursuant to Env-A 2900 [State enforceable only], Multiple Pollutant Annual Budget 

Trading and Banking Program, and subsequent revisions, for 2007 and subsequent years, 

DES shall allocate annual NOx allowances equivalent to the difference between the 

annual NOx budget and the ozone season NOx allowances to PSNH’s Schiller, 

Merrimack, and Newington stations. 

3. Allowance Transfer and Use 

a) Pursuant to Env-A 2907.01, Marketable Emissions Authorization, an allowance shall be a 

marketable emissions authorization that may be bought, sold, or traded at any time during 

any year, not just the current year. 

b) Pursuant to Env-A 2907.02, Limited Authorization, an allowance shall only be used for 

compliance with the Multiple Pollutant Annual Budget Trading and Banking Program in 

a designated compliance year by being in a compliance or overdraft account as of the 

allowance transfer deadline, or by being transferred into the compliance account by an 

allowance transfer submitted by the allowance transfer deadline. 

c) PSNH - Merrimack Station shall comply with the allowance transfer and use provisions 

pursuant to Env-A 2907, Allowance Transfer and Use, and Env-A 2909, Allowance 

Tracking System. 

d) Pursuant to Env-A 2907.08, Price Disclosure, subject to a claim of confidentiality in 

accordance with Env-A 103, PSNH - Merrimack Station shall make available to any 

person, all information regarding transaction cost and allowance price. 

e) Pursuant to Env-A 2907.09, Use of Allowances by Utilities and RSA 125-J:5, X, the use 

of allowances by a utility as defined in RSA 362:2, shall be subject to such additional 

conditions as ordered pursuant to applicable law by the PUC. 

4. Allowance Banking 

a) Pursuant to Env-A 2908.01, Retention of Unused Allowances, the banking of allowances 

shall be permitted to allow the retention of unused allowances from one year to a future 

year in either a compliance account, an overdraft account, or a general account. 

b) Pursuant to Env-A 2908.02, Account Designation, unless otherwise permitted pursuant to 

Env-A 2909.03, General Accounts, unused allowances as of the end of the allowance 

transfer deadline shall be retained in the compliance, overdraft, or general account and 

designated as banked allowances after the ATS administrator has made all deductions for 

a given year from the compliance account or overdraft account pursuant to Env-A 2913, 

Compliance Certification.

5. Authorized Account Representative (Env-A 2909.04) 
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a) Only the AAR or alternate AAR shall request transfers of allowances in an ATS account. 

b) The AAR or alternate AAR shall be responsible for all transactions and reports submitted 

to the ATS. 

c) The alternative AAR shall have the same authority as the primary representative, 

however, all correspondence from the ATS administrator shall be directed to the primary 

AAR. 

d) Pursuant to Env-A 2909.05 (f), PSNH - Merrimack Station shall replace an AAR by 

submitting a revised Account Certificate of Representation to the ATS administrator 

along with the information contained in Env-A 2909.05(b) and (c) and the name of the 

AAR who is being replaced. 

6. End-of-Year Reconciliation 

a) Pursuant to Env-A 2904.01, Limited Authorization, PSNH - Merrimack Station shall, no 

later than January 30th of each calendar year, hold respective quantities of SO2, NOx, and 

CO2 allowances in the PSNH - Merrimack Station’s respective ATS accounts equal to or 

greater than the respective total SO2, NOx, and CO2 emitted from PSNH - Merrimack 

Station during the previous year. 

b) Pursuant to Env-A 2912.01, Determination of Compliance, monitored emissions data as 

reported by PSNH - Merrimack Station to the ETS administrator, and as adjusted by the 

administrator to be in accordance with Env-A 2910, Emissions Monitoring, combined 

with allowance allocations and transfers recorded in the ATS, shall provide the basis for a 

determination of compliance. 

c) PSNH - Merrimack Station shall determine compliance and reconcile allowances by 

January 30th of each year beginning in 2008 pursuant to Env-A 2913. 

d) Pursuant to Env-A 2912.02, Request for Deduction of Allowances, each year prior to 

January 30th, the AAR shall request the ATS administrator to deduct previous year 

allowances from the compliance account or overdraft account equivalent to the number of 

available allowances to cover the emissions during the previous year. The AAR shall 

identify the compliance account or overdraft account from which the deductions shall be 

made and shall identify the serial number of the allowances to be deducted. If the AAR 

does not specify a serial number, allowances useable for that compliance year shall be 

deducted in the order of their arrival into PSNH - Merrimack Station’s account, with 

allocated allowances being deducted first, followed by the deduction of transferred 

allowances. 

e) Pursuant to Env-A 2912.04, Procurement of Additional Allowances, if the emissions of 

PSNH - Merrimack Station in the previous year exceed the allowances in PSNH - 

Merrimack Station’s compliance account and overdraft account, PSNH - Merrimack 

Station shall obtain additional allowances by January 30th so that the total number of 

allowances in PSNH - Merrimack Station’s compliance account and overdraft account, 

including allowance transfers properly submitted to the ATS administrator by January 
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30th, equals or exceeds the previous year annual emissions rounded to the nearest whole 

ton. 

7. Excess Emissions and Enforcement Provisions (Env-A 2914) 

a) If emissions from PSNH – Merrimack Station exceed allowances held in PSNH - 

Merrimack Station’s compliance account or overdraft account for the year as of the 

allowance transfer deadline (January 30th), the Allowance Tracking System administrator 

shall automatically deduct allowances from PSNH – Merrimack Station’s compliance 

account or overdraft account for the next year at a rate of three allowances for every one 

ton of excess emissions. 

b) In accordance with RSA 125-O:7, for purposes of enforcement of the Multiple Pollutant 

Annual Budget Trading and Banking Program, in determining the number of days of 

violation, any excess emissions for the year shall create a presumption that each day in 

the year of 365 days, constitutes a day in violation unless PSNH - Merrimack Station can 

demonstrate, through use of verifiable emissions data that a lesser number of days should 

be considered. In addition, each ton of excess emissions shall constitute a separate 

violation. 

8. Conversion of Allowances to DERs 

a) Pursuant to Env-A 2904.01 (d), allowances shall not be considered offsets, although NOx 

allowances which are not used to satisfy the requirements of Env-A 2900, and which are 

not banked, may be converted to non-ozone season NOx DERs in accordance with Env-A 

3100. 

b) Pursuant to Env-A 2904.02, Conversion of Allowances to DERs or VERs if PSNH - 

Merrimack Station converts unused NOx allowances to NOx DERs in accordance with 

Env-A 2904.01(d) and the procedures for DER generation pursuant to Env-A 3103, or 

converts unused CO2 allowances to VERs in accordance with Env-A 3800, PSNH - 

Merrimack Station shall surrender those converted allowances as if they had been used 

for actual emissions. 

9. Prohibition on Property Rights (Env-A 2904.04) 

a) Neither an allowance nor any future allocations, which are subject to modification by 

DES, shall constitute a security or other form of property. 

b) An allowance shall not be used prior to the year for which the allowance is allocated. 

G. Discrete Emission Reduction Trading Program (Env-A 3100) 

PSNH - Merrimack Station shall be allowed to bank DERs for PSNH - Merrimack Station’s own 

future use or trade with others in accordance with Env-A 3100. 
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H. Carbon Dioxide (CO2) Budget Trading Program (Env-A 4600) (State-only Enforceable) 

1. CO2 Allowance Requirements (Env-A 4605.01) 

a. The Owner or Operator of each CO2 budget source and each CO2 budget unit at the 

source shall hold CO2 allowances available for compliance deductions under Env-A 

4605.04, as of the CO2 allowance transfer deadline, in the source’s compliance account, 

in an amount not less than the total CO2 emissions from fossil fuel-fired generation for 

the control period from all CO2 budget units at the source, as determined in accordance 

with Env-A 4605, Env-A 4607, Env-A 4609.18, and Condition VIII.H.1.c, below. 

b. CO2 allowances shall be held in, deducted from, or transferred among CO2 allowance 

tracking system accounts in accordance with Env-A 4606, Env-A 4607, Env-A 4608, and 

Env-A 4700. 

c. For the purpose of determining compliance with Env-A 4600, total tons of CO2 emissions 

for a control period26 shall be calculated as the sum of all recorded hourly emissions, or 

the tonnage equivalent of the recorded hourly emissions rates, in accordance with Env-A 

4609, with any remaining fraction of a ton equal to or greater than 0.50 ton rounded up to 

equal one ton and any fraction of a ton less than 0.50 ton rounded down to equal zero 

tons. 

2. CO2 Allowance Limitations (Env-A 4605.02) 

a. A CO2 allowance shall be a limited authorization to emit one ton of CO2 in accordance 

with the CO2 budget trading program. 

b. A CO2 allowance shall not be deducted, in order to comply with the requirements of EnvA 4605.01(a), for a control period that ends prior to the year for which the CO2 allowance 

was allocated. 

c. A CO2 offset allowance shall not be deducted, in order to comply with the requirements 

of Env-A 4605.01(a), beyond the applicable percent limitations set out in Env-A 

4605.04(b). 

d. Subject to Env-A 4605.02(e) and (f), no provision of the CO2 budget trading program, the 

CO2 budget permit application, or the CO2 budget permit shall be construed to limit the 

authority of the department to terminate or limit such authorization. 

e. A CO2 allowance shall not constitute a property right. 

3. Allowances Available for Compliance Deduction (Env-A 4605.04) 

a. CO2 allowances that meet the following criteria shall be available to be deducted for 

compliance with the requirements of Env-A 4605 for a control period: 

i. For CO2 allowances other than CO2 offset allowances, the allowances are from 

allocation years that fall within a prior control period or the same control period for 

which the allowances will be deducted; and 

ii. The CO2 allowances are: 

 

26 Control period means compliance period as defined in New Hampshire RSA 125-O:20, IV. 
Draft PSNH – Merrimack Station Page 38 

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TV-0055 

1. Held in the CO2 budget source’s compliance account as of the CO2 allowance 

transfer deadline for that control period; or 

2. Transferred into the compliance account by a CO2 allowance transfer correctly 

submitted for recordation under Env-A 4608.01 by the CO2 allowance transfer 

deadline for that control period; 

b. As provided in RSA 125-O:22, II, a CO2 budget source may use offset allowances for up 

to 3.3 percent of its compliance obligation, subject to the following: 

i. If the Department determines that there has been a stage one trigger event, the CO2

budget source may use up to 5 percent; and 

ii. If the Department determines that there has been a stage 2 trigger event, the CO2

budget source may use up to 10 percent. 

c. CO2 allowances shall not be available for current compliance if the allowances were 

deducted for excess CO2 emissions for a prior control period under Env-A 4605.08. 

d. Allowances deducted for the purpose of compliance shall not be available for any other 

purpose. 

4. Excess CO2 Emissions Requirements (Env-A 4605.07) 

The Owner or Operator of a CO2 budget source that has excess CO2 emissions in any control 

period shall: 

a. Forfeit the CO2 allowances required for deduction under Env-A 4605.08, provided CO2

offset allowances shall not be used to cover any part of such excess CO2 emissions; and 

b. Pay any fine, penalty, or assessment or comply with any other remedy imposed under 

RSA 125-O:22, V. 

5. Deductions for Excess CO2 Emissions (Env-A 4605.08) 

a. As provided by RSA 125-O:22, V, the deduction of CO2 allowances for excess CO2

emissions shall be equal to 3 times the number of the source’s excess CO2 emissions. 

b. Within 14 calendar days of receipt of notice from the regional organization27 that a 

shortage exists, the source shall transfer sufficient allowances into its compliance account 

to cover the shortage. 

c. No CO2 offset allowances shall be deducted to account for the source’s excess CO2

emissions. 

d. Any CO2 allowance deduction required under 5.a, above, shall not affect the liability of 

the owner(s) and operator(s) of the CO2 budget source or the CO2 units at the source for 

any fine, penalty, or assessment, and shall not affect the obligation of the owner(s) and 

operator(s) to comply with any other remedy, for the same violation, as ordered under 

applicable state law. 

6. Determination of Violations and Deduction of Allowances (Env-A 4605.11) 

 

27 Regional organization as defined in NH RSA 125-O:20, XIII 
Draft PSNH – Merrimack Station Page 39 

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a. For purposes of determining the number of days of violation, if a CO2 budget source has 

excess CO2 emissions for a control period, each day in the control period shall constitute 

a day of violation unless the owner(s) and operator(s) of the unit demonstrate that a lesser 

number of days should be considered; and 

b. Each ton of excess CO2 emissions shall constitute a separate violation. 

7. Submission of CO2 Allowance Transfers (Env-A 4608.01) 

a. Any CO2 AAR seeking recordation of a CO2 allowance transfer shall submit the transfer 

request to the regional organization in accordance with Env-A 4608.01(b). 
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I. Monitoring/Testing Requirements 

1. The Permittee is subject to the monitoring/testing requirements as contained in Table 9 

below: 

Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

1. MK1 & 

MK2 

NOx 

Emissions 

For MK1 and MK2, the owner or operator shall 

install, certify, operate and maintain, a NOxdiluent continuous emission monitoring system 

(consisting of a NOx pollutant concentration 

monitor and an O2 or CO2 diluent gas monitor) 

with an automated data acquisition and handling 

system for measuring and recording NOx 

concentration (in ppm) averaged on an hourly 

and 24-hour calendar day basis, O2 or CO2

concentration (in percent O2 or CO2) and NOx 

mass emission rate (in lb/mmBtu) averaged on 

an hourly, 24-hour calendar day, and annual 

basis for each unit. The owner or operator shall 

account for total NOx emissions, both NO and 

NO2, either by monitoring for both NO and NO2

or by monitoring for NO only and adjusting the 

emissions data to account for NO2. The owner 

or operator shall calculate hourly, quarterly, and 

annual NOx emission rates (in lb/mmBtu) by 

combining the NOx concentration (in ppm), 

diluent concentration (in percent CO2), and 

percent moisture according to the procedures in 

40 CFR 75 Appendix F. 

Continuously Env-A 808.02 

(a) (new) and 

40 CFR 75 

§ 75.10(a)(2), 

§ 75.12, and 

Env-A 1211.03 

(f) 

2. MK1, 

MK2, 

MKCT1, 

& MKCT2 

NOx Mass 

Emissions 

For MK1, MK2, MKCT1, and MKCT2, the 

owner or operator shall calculate hourly NOx 

mass emissions (in lbs) by multiplying the 

hourly NOx emission rate (in lbs/mmBtu) by the 

hourly heat input rate (in mmBtu/hr) and the unit 

or stack operating time. The owner or operator 

shall also calculate quarterly and cumulative 

year-to-date NOx mass emissions and (in tons) 

by summing the hourly NOx mass emissions 

according to the procedures in 40 CFR 75 

Appendix F Section 8. 

Hourly, 

quarterly, and 

cumulative 

year-to-date 

40 CFR 75 

§75.71, and 

§75.72 and 

Env-A 3212 

and Env-A 

2910 
Draft PSNH – Merrimack Station Page 41 

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TV-0055 

Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

3. MK1, 

MK2, 

MKCT1, 

& MKCT2 

Ozone Season 

NOx Emission 

Rate and NOx 

mass 

emissions 

The owner or operator, when required, shall 

determine the ozone season NOx emission rate 

(in lb/mmBtu) by dividing ozone season NOx 

mass emissions (in lbs) by heat input. The 

owner or operator shall also calculate cumulative 

NOx mass emissions for the ozone season (in 

tons) by summing the hourly NOx mass 

emissions according to the procedures in 40 

CFR 75 Appendix F Section 8. 

During the 

ozone season 

Env-A 3212.01 

and 40 CFR 75 

§75.75(b) and 

§75.72 

4. MKCT1 & 

MKCT2 

CO2, SO2, 

opacity 

monitoring, 

recordkeeping, 

and reporting 

exemptions 

The requirements of 40 CFR 75 Subpart H for 

CO2, SO2, opacity monitoring, recordkeeping, 

and reporting do not apply to units that are 

subject to a State or Federal NOx mass emission 

reduction program only and are not affected 

units with an Acid Rain Program emission 

limitation (i.e., MKCT1 & MKCT2). 

NA 40 CFR 75 

§75.70(a)(2) 

5. MK1 & 

MK2 

General CEM 

Requirements 

A) Pursuant to 40 CFR 75.5 (b), the Permittee 

must operate MK1 and MK2 in compliance 

with the requirements of 40 CFR 75.2 

through 75.75 and 40 CFR 75 Appendices 

A through I. 

B) Pursuant to 40 CFR 75.5 (d), the Permittee 

shall account for all emissions of SO2, NOx, 

and CO2 in accordance with 40 CFR 75.10 

through 75.19. 

C) Pursuant to 40 CFR 75.5 (e), the Permittee 

shall not disrupt the continuous emission 

monitoring system or other approved 

emission monitoring method, and thereby 

not monitor or record SO2, NOx, and CO2, 

except for periods of recertification, or 

periods when calibration, quality assurance, 

or maintenance is performed pursuant to 40 

CFR 75.21 and 40 CFR 75 Appendix B. 

D) The CEMS shall meet the most stringent 

requirements of 40 CFR 75 and Env-A 808 

(new). 

Continuously 40 CFR 75 

§75.5 and EnvA 808 (new) 
Draft PSNH – Merrimack Station Page 42 

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Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

6. MK1 & 

MK2 

CEMS 

Performance 

and Audit 

Requirements 

The Permittee shall ensure that each CEMS 

meets the following requirements: 

A) Each CEMS meets equipment, installation, 

and performance specifications in 40 CFR 

75 Appendix A; 

B) Each CEMS is maintained according to the 

quality assurance and quality control 

procedures in 40 CFR 75 Appendix B; and 

C) Each CEMS shall record SO2 and NOx 

emissions in the appropriate units of 

measurement. 

D) The permittee shall comply with the most 

stringent CEM audit requirements contained 

in 40 CFR 75 and Env-A 808.07, General 

Audit Requirements, Env-A 808.08, Audit 

Requirements for Gaseous CEM Systems, 

and Env-A 808.09, Audit Requirements for 

Opacity CEM Systems.

As specified by 

regulation 

40 CFR 75 

§75.10(b) and 

Env-A 808.07, 

808.08, and 

808.09 and 40 

CFR 75 

Appendices A 

and B 

7. MK1 & 

MK2 

Valid 

Averaging 

Periods for 

Gaseous and 

Opacity CEM 

Systems 

The number of hours of valid CEM data 

required for determining a valid averaging 

period for the different emission standard 

periods shall be: 

A) For a 3-hour emission standard period, 2 

hours of valid data; 

B) For a 4-hour emission standard period, 3 

hours of valid data; 

C) For an 8-hour emission standard period, 6 

hours of valid data; 

D) For a 12-hour emission standard period, 9 

hours of valid data, and 

E) For a 24-hour emission standard period, 18 

hours of valid data. 

As applicable Env-A 808.14 

(formerly EnvA 805.09) 
Draft PSNH – Merrimack Station Page 43 

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Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

8. MK1 & 

MK2 

SO2 Emissions The owner or operator shall install, certify, 

operate and maintain, an SO2 CEMS automated 

data acquisition and handling system for 

measuring and recording SO2 concentration (in 

ppm) averaged on an hourly and 24-hour 

calendar day basis, volumetric gas flow (in scfh), 

and SO2 mass emissions (in lb/hr averaged over 

one hour and each 24-hour calendar day, and 

tons/consecutive 12-month period and 

tons/calendar year) for each unit. The owner or 

operator shall also measure and record the SO2

emission rate (in lb/mmBtu) averaged over each 

24-hour calendar day. The owner or operator 

shall demonstrate compliance with the State 

Acid Rain Program emission caps by using the 

CEMS data. 

Continuously Env-A 808.02 

(a)(1) (new) 

and 40 CFR 75 

§75.10 (a)(1) 

9 MK1 & 

MK2 

CO2

Emissions 

The owner or operator shall install, certify, 

operate and maintain, a CO2 CEMS automated 

data acquisition and handling system. The 

owner or operator shall measure and record CO2

emissions in lb/hr over each 24-hour calendar 

day and CO2 concentration in percent on an 

hourly average and over each 24-hour calendar 

day. 

The owner or operator shall use applicable 

procedures specified in 40 CFR 75 Appendix G 

to calculate CO2 emissions. Please note that 

equation G-1 of 40 CFR 75 Appendix G shall 

not be used to determine CO2 emissions under 

Env-A 4609. 

Continuously 40 CFR 75 

§75.10(a)(3), 

40 CFR 75 

Appendix G, & 

Env-A 4609 

10. MK1 & 

MK2 

Heat input rate 

measurement 

The owner or operator shall determine the heat 

input rate (in mmBtu/hr) to each unit for every 

hour or part of an hour any fuel is combusted 

following the procedures in 40 CFR 75 

Appendix F. 

Hourly 40 CFR 75 

§75.10(c) 

Federally 

Enforceable & 

Env-A 2910.02 

11. MK1 & 

MK2 

Stack 

Volumetric 

Flow Rate 

The owner or operator shall install, certify, 

operate and maintain, a CEMS automated data 

acquisition and handling system to measure and 

record stack volumetric flow rate (in kscfm) on 

an hourly average and over each 24-hour 

calendar day. 

Continuously 40 CFR 75 

§75.10(a) & 

Env-A 2910.02 
Draft PSNH – Merrimack Station Page 44 

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Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

12. MK1 & 

MK2 

Stack 

Volumetric 

Flow 

Measuring 

Device 

The owner or operator shall meet the following 

requirements for the stack volumetric flow 

measuring device: 

A) All differential pressure flow monitors shall 

have an automatic blow-back purge system 

installed and in wet conditions, shall have 

the capability for drainage of the sensing 

lines; and 

B) The stack flow monitoring system shall have 

the capability for manual calibration of the 

transducer while the system is on-line and 

for a zero check. 

Continuously Env-A 

808.03(d) 

13. MK1 & 

MK2 

Opacity The owner or operator shall install, certify, 

operate and maintain, a continuous opacity 

monitoring system with the automated data 

acquisition and handling system for measuring 

and recording the opacity of emissions (in 

percent opacity) for each 6-minute period for 

each unit. As necessary, the owner or operator 

shall also use US EPA Method 9 to estimate 

opacity. 

Continuously 40 CFR 75 

§75.10(a)(4) 

and Env-A 

805.02 (old) 

and Env-A 

808.02 (a) 

(new) and 

807.02 (new) 

14. MK1, 

MK2, 

MKCT1, 

& MKCT2 

Net Electrical 

Output 

The owner or operator shall monitor and/or 

calculate net electrical output. 

Annually Env-A 

2910.02, 

Env-A 

3207.04, and 

40 CFR 75 

15. MK1, 

MK2, 

MKCT1, 

& MKCT2 

Ozone Season 

Heat Input 

The owner or operator shall calculate ozone 

season heat input for purposes of providing data 

needed for determining allocations by summing 

each unit’s hourly heat input determined 

according to the procedures in 40 CFR 75 for all 

hours in which the unit operated during the 

ozone season 

Hourly during 

ozone season 

Env-A 3212.01 

and 40 CFR 75 

§75.75(a) 
Draft PSNH – Merrimack Station Page 45 

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Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

16. MK1 & 

MK2 

CEM Hourly 

Operating 

Requirements 

& Valid Hour 

of CEM Data 

Pursuant to Env-A 808.01, 808.03, and 40 CFR 

75.10(d), the Permittee shall ensure that the 

CEMS and components meet the following 

hourly operating requirements: 

A) The Permittee shall ensure that each CEM is 

capable of completing a minimum of one 

cycle of operation (sampling, analyzing, and 

data recording) for each successive 15-

minute interval pursuant to Env-A 40 CFR 

75.10(d) and pursuant to Env-A 

808.03(c)(2) for each successive 5-minute 

period for gaseous emissions, unless a 

longer time period is approved in 

accordance with Env-A 809 

B) The Permittee shall reduce all SO2

concentrations, volumetric flow, SO2 mass 

emissions, CO2 concentration, CO2 mass 

emissions (if applicable), NOx 

concentration, and NOx emission rate data 

collected by the monitors to hourly averages. 

C) The Permittee shall use all valid 

measurements or data points collected 

during an hour to calculate the hourly 

averages. All data points collected during an 

hour shall be, to the extent practicable, 

evenly spaced over the hour. 

D) Failure of an SO2 or CO2 pollutant 

concentration monitor, NOx concentration 

monitor, flow monitor, or NOx-diluent 

CEMS to acquire the minimum number of 

data points for calculation of an hourly 

average shall result in the failure to obtain a 

valid hour of data and the loss of such 

component data for the entire hour. 

E) For a NOx-diluent monitoring system, an 

hourly average NOx emission rate in 

lb/mmBtu is valid only if the minimum 

number of data points is acquired by both 

the NOx pollutant concentration monitor 

and the diluent monitor (CO2). 

F) If a valid hour of data is not obtained, the 

Permittee shall estimate and record 

emissions, moisture, or flow data for the 

missing hour by means of the automated 

data acquisition and handling system, in 

accordance with the applicable procedure 

for missing data. 

 

Hourly 40 CFR 75 

§75.10(d) and 

Env-A 

808.01(i) and 

808.03 
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Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

16. MK1 & 

MK2 

CEM Hourly 

Operating 

Requirements 

& Valid Hour 

of CEM Data 

(continued) 

G) Pursuant to Env-A 808.01(i), a valid hour of 

CEM emissions data means a minimum of 

42 minutes of CEM readings taken in any 

calendar hour, during which the CEM is not 

in an out of control period and the facility is 

in operation.28

 

H) Pursuant to Env-A 808.03(a), the owner or 

operator shall average and record the CEM 

data for gaseous emissions for each calendar 

hour. 

I) Pursuant to Env-A 808.03(c)(1), all CEM 

systems shall include a means to display 

instantaneous values of percent opacity and 

gaseous emission concentrations. 

Hourly 40 CFR 75 

§75.10(d) and 

Env-A 

808.01(i) and 

808.03 

 

28 The applicable requirements in 40 CFR 75 are less stringent than the applicable requirements in Env-A 808. 40 CFR 75 requires 

hourly averages to be computed using at least one data point in each fifteen-minute quadrant of an hour, where the unit combusted fuel 

during that quadrant of an hour. 40 CFR 75 allows an hourly average to be computed from at least two data points separated by a 

minimum of 15 minutes (where the unit operates for more than one quadrant of an hour) if data are unavailable as a result of the 

performance of calibration, quality assurance, or preventive maintenance activities pursuant to 40 CFR 75.21 and 40 CFR Appendix B 

or backups of data from the data acquisition and handling system, or recertification, pursuant to 40 CFR 75.20. 
Draft PSNH – Merrimack Station Page 47 

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Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

17. MK1 & 

MK2 

COMS Hourly 

Operating 

Requirements 

Pursuant to 40 CFR 75.10(d), the Permittee shall 

ensure that each COMS and components meet 

the following hourly operating requirements: 

A) The Permittee shall ensure that each 

continuous opacity monitoring system is 

capable of completing a minimum of one 

cycle of sampling and analyzing (and 

recording pursuant to Env-A 808.03(c)(2) 

unless a longer time period is approved in 

accordance with Env-A 809) for each 

successive 10-second period and one cycle 

of data recording for each successive 6-

minute period. 

B) The Permittee shall reduce all opacity data 

to 6-minute averages calculated in 

accordance with the provisions of 40 CFR 

51 Appendix M, except where the SIP or 

operating permit requires a different 

averaging period, in which case the State 

requirement shall satisfy this Acid Rain 

Program requirement as shown below. 

C) Pursuant to Env-A 808.03(b)(1), the owner 

or operator shall average the opacity data to 

result in consecutive, non-overlapping 6-

minute averages; and 

D) Pursuant to Env-A 808.03(b)(2), for units 

subject to the Env-A 2002.04(b) exemption, 

the total number of minutes in any 8-hour 

period where the opacity, as averaged in 

non-overlapping 6-minute periods, exceeds 

the applicable opacity standard. 

E) Pursuant to Env-A 808.03(c)(1), all CEM 

systems shall include a means to display 

instantaneous values of percent opacity and 

gaseous emission concentrations. 

Sampling for 

successive 10-

second period 

and recording 

for successive 

6-minute period 

40 CFR 75 

§75.10(d) and 

Env-A 

808.03(b) and 

(c) 

18. MK1 & 

MK2 

Minimum 

measurement 

capability 

requirement 

The Permittee shall ensure that each CEMS is 

capable of accurately measuring, recording, and 

reporting data, and shall not incur an exceedance 

of the full scale range, except as provided in 40 

CFR 75 Appendix A Sections 2.1.1.5, 2.1.2.5, 

and 2.1.4.3. 

As specified by 

regulation 

40 CFR 75 

§75.10(f) 

19. MK1 & 

MK2 

Specific 

provisions for 

monitoring 

SO2 emissions 

(SO2

emissions and 

flow monitors) 

The owner or operator shall meet the general 

operating requirements in 40 CFR 75.10 for an 

SO2 continuous emission monitoring system and 

a flow monitoring system. 

As specified by 

regulation 

40 CFR 75 

§75.11(a), (b) 
Draft PSNH – Merrimack Station Page 48 

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Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

20. MK1 & 

MK2 

Specific 

provisions for 

monitoring 

NOx 

emissions – 

Coal-fired 

Units 

A) Pursuant to 40 CFR 75.12, 75.71, and 75.72 

and Env-A 3212, the Permittee shall meet 

the specific provisions for NOx-diluent 

CEMS, including the following: 

1) Meet general operating requirements in 

40 CFR 75.10 for a NOx continuous 

emission monitoring system. The 

diluent gas monitor in the NOx CEMS 

may measure either O2 or CO2

concentration in the flue gases. 

2) Comply with moisture correction 

procedures according to 40 CFR 

75.12(b) 

3) Comply with NOx emission rate 

procedures contained in 40 CFR 

75.12(c). 

B) The Permittee shall meet the annual and 

ozone season monitoring requirements 

according to 40 CFR 75.74, as applicable. 

Continuously 40 CFR 75 

§75.12, 75.71, 

and 75.72 and 

Env-A 3212 

21. MKCT1 & 

MKCT2 

NOx Mass 

Emissions - 

Specific 

Provisions for 

Monitoring 

NOx 

Emissions for 

Alternative 

Monitoring 

System 

The owner or operator shall meet the 

requirements of 40 CFR 75.12 including using 

the procedures of 40 CFR 75 Appendix E for 

estimating hourly NOx emission rate, using the 

procedures of 40 CFR Appendix D for 

determining hourly heat input, except for the 

heat input apportionment provisions of 40 CFR 

75 Appendix D Section 2.1.2 to meet the NOx 

mass reporting provisions. If in the years after 

certification of the monitoring system, a unit’s 

operation exceed a capacity factor of 20 percent 

in any calendar year or exceed a capacity factor 

of 10.0 percent averaged over three years, or 

exceed a capacity factor of 20.0 percent in any 

ozone season or exceed an ozone season 

capacity factor of 10.0 percent averaged over 

three years, the owner or operator shall install, 

certify, and operate a NOx CEMS and also meet 

the requirements of 40 CFR 75.71(c) no later 

than December 31 of the following calendar 

year. 

Hourly 40 CFR 75 

Appendix E 

Section 1.1 and 

40 CFR 75 

§75.12(d)(2) 

and 75.71(d) 

22. MK1 & 

MK2 

Specific 

provisions for 

monitoring 

CO2 emissions 

The owner or operator shall comply with the 

applicable CO2 monitoring provisions of 40 

CFR 75 §75.13(a), (b), and (c) for the CO2

CEMS and flow monitoring systems. 

Continuously 40 CFR 75 

§75.13(a)-(c) 
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Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

23. MK1 & 

MK2 

Specific 

provisions for 

monitoring 

opacity 

Pursuant to 40 CFR 75.14, the continuous 

opacity monitoring and recording system shall 

meet all the design, installation, equipment, and 

performance specifications of 40 CFR 60, 

Appendix B, Performance Specification 1, and 

all the operational and quality assurance 

requirements of Env-A 808 (new). 

Continuously 40 CFR 75 

§75.14 and 

Env-A 808 

(new) 

24. MK1 & 

MK2 

Reference 

Test Methods 

for 

Certification 

or Recertification of 

CEMS or 

COMS 

The Permittee shall use the reference test 

method listed in 40 CFR 75.22 and included in 

Appendix A to 40 CFR 60 to conduct 

monitoring system tests for certification or 

recertification of CEMS and expected 

monitoring systems under 40 CFR 75 Appendix 

E and quality assurance and quality control 

procedures. 

During 

certification 

and 

recertification 

tests 

40 CFR 75 

§75.22 
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Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

25. MK1 & 

MK2 

Out of control 

periods 

A) Pursuant to 40 CFR 75.21(e)(2), whenever a 

CEMS or COMS fails a quality assurance 

audit or any other audit, the system is out-ofcontrol, and the Permittee shall follow the 

procedures for out-of-control periods in 40 

CFR 75.24. 

B) Pursuant to Env-A 3212.10 and 2910.06, 

whenever any monitoring system fails to 

meet the quality assurance requirements of 

40 CFR 75 Appendix B, the permittee shall 

substitute the data using the applicable 

procedures in 40 CFR 75, Subpart D, 

Appendix D or E. 

C) Pursuant to 75.24, if an out-of-control 

period occurs to a monitor or CEMS, the 

owner or operator shall take corrective 

action and repeat the tests applicable to the 

out of control parameter as described in 40 

CFR 75 Appendix B. 

1) For daily calibration error tests, an out 

of control period occurs when the 

calibration error of a pollutant 

concentration monitor exceeds 5.0% 

based upon the span value, the 

calibration error of a diluent gas monitor 

exceeds 1.0% O2 or CO2, or the 

calibration error of a flow monitor 

exceeds 6.0% based upon the span 

value, which is twice the applicable 

specification in 40 CFR 75 Appendix A. 

2) For quarterly linearity checks, an out of 

control period occurs when the error in 

linearity at any of the three gas 

concentrations (low, mid-range, and 

high) exceeds the applicable 

specification in 40 CFR 75 Appendix A. 

3) For relative accuracy test audits 

(RATAs), cylinder gas audit (CGAs), 

and relative accuracy audits (RAAs), an 

out of control period occurs when the 

sampling is completed and the CEMS 

fails the accuracy criteria until 

successful completion of the same audit 

after corrective action has occurred. 

As specified by 

regulation 

40 CFR 75 

§75.21(e)(2) 

and 75.24 and 

Env-A 3212.10 

and 2910.06 

and 808.01(g) 
Draft PSNH – Merrimack Station Page 51 

97 River Road, Bow, NH 

TV-0055 

Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

25. MK1 & 

MK2 

Out of control 

periods 

(continued) 

D) Pursuant to Env-A 3212.10, whenever both 

an audit of a monitoring system and a review 

of the initial certification or recertification 

application reveal that any system or 

component should not have been certified or 

recertified because it did not meet a 

particular performance specification or other 

requirement pursuant to Env-A 800 or the 

applicable provisions of 40 CFR Part 75, 

both at the time of the initial certification or 

recertification application submission and at 

the time of the audit, the department shall 

issue a notice of disapproval of the 

certification status of such system or 

component. 

E) For the purposes of this section, an audit 

shall be either a field audit or an audit of any 

information submitted to the department or 

the administrator. 

F) The data measured and recorded by the 

system or component shall not be considered 

valid quality-assured data from the date of 

issuance of the notification of the 

disapproval of certification status until the 

date and time that the owner or operator 

completes subsequently approved initial 

certification or recertification tests in 

accordance with Env-A 3212.07(t). 

G) The owner or operator shall follow the initial 

certification or recertification procedures for 

each disapproved system. 

As specified by 

regulation 

40 CFR 75 

§75.21(e)(2) 

and 75.24 and 

Env-A 3212.10 

and 2910.06 

and 808.01(g) 
Draft PSNH – Merrimack Station Page 52 

97 River Road, Bow, NH 

TV-0055 

Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

26. MK1 & 

MK2 

Out of Control 

Periods for 

Opacity 

Out of control period for a CEMS measuring 

opacity is as follows: 

A) The time period beginning with the 

completion of the daily calibration drift 

(CD) check where the CD exceeds 2% 

opacity for 5 consecutive days, and ending 

with the CD check after corrective action 

has occurred that results in the performance 

specification drift limits being met; 

B) The time period beginning with the 

completion of a daily CD check preceding 

the daily CD check that results in the CD 

being greater than 5% opacity and ending 

with the CD check after corrective action 

has occurred that results in the performance 

specification drift limits being met; or 

C) The time period beginning with the 

completion of a quarterly opacity audit 

where the CEMS fails the calibration error 

test as specified in 40 CFR 60, Appendix B, 

Specification 1 and ending with successful 

completion of the same audit where the 

CEMS passes the calibration error test 

established after corrective action has 

occurred. 

As specified by 

regulation 

Env-A 

808.01(g)(2) 
Draft PSNH – Merrimack Station Page 53 

97 River Road, Bow, NH 

TV-0055 

Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

27. MK1, 

MK2, 

MKCT1 & 

MKCT2 

Data 

Availability 

and Missing 

Data 

Substitution 

Procedures 

A) The Permittee shall follow the procedures in 

40 CFR 75.30 through 75.37, 75.70(f), 

75.74, and 40 CFR 75 Appendix E when a 

valid, quality-assured hour of data is not 

measured or recorded. 

B) For MKCT1 & MKCT2, the Permittee shall 

provide substitute data pursuant to 40 CFR 

75.74 and 40 CFR 75 Appendix E Section 

2.5, when the QA/QC control parameters are 

exceeded or missing. 

C) Pursuant to Env-A 808.02(c)(2), the 

permittee shall comply with the minimum 

percentage data availability requirements 

pursuant to Env-A 808.10(a)-(d) to meet the 

requirements of Env-A 3200, NOx Budget 

Program. 

D) Pursuant to Env-A 808.10, if the permittee 

cannot meet the percentage data availability 

requirements, the permittee shall also follow 

the provisions of Env-A 808.10(e) – (g). 

E) Pursuant to 40 CFR 75.24(e), if COMS is 

out of control, the permittee shall follow the 

data availability requirements of Env-A 

808.10. 

As specified by 

regulation 

40 CFR 75 

§75.30 through 

75.37 and 

75.50(f) and 

75.24(e) and 

75.74 and 

40 CFR 75 

Appendix E 

Section 2.5 & 

Env-A 808.10 

& 808.02(c)(2) 

28. MK1, 

MK2, 

MKCT1 & 

MKCT2 

NOx Mass 

Emissions - 

General 

Provisions 

A) Pursuant to Env-A 3200, NOx Budget 

Program, the permittee shall comply with 

the provisions of 40 CFR 75 Subparts A, C, 

D, E, F, and G and Appendices A through G 

applicable to NOx concentration, flow rate, 

NOx emission rate and heat input, as set 

forth and referenced in Subpart H. 

B) The requirements of Subpart H for CO2, 

SO2, opacity monitoring, recordkeeping, and 

reporting do not apply to units that are 

subject to a State or federal NOx mass 

emission reduction program only and are not 

affected units with an Acid Rain Program 

emission limitation (i.e., MKCT1 & 

MKCT2).

As specified by 

regulation 

Env-3212.01 

and 40 CFR 75 

§75.70(a) 
Draft PSNH – Merrimack Station Page 54 

97 River Road, Bow, NH 

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Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

29. MK1, 

MK2, 

MKCT1, 

MKCT2 

NOx Mass 

Emissions 

Provisions - 

Prohibitions 

A) No owner or operator of an affected unit 

shall use any alternative monitoring system, 

reference method, or any other alternative 

for the required CEMS without approval 

through petition process in § 75.70(h). 

(MKCT1 and MKCT2 did get approval 

of use of Appendix E.)

B) No owner or operator of an affected unit 

shall operate the unit so as to discharge NOx 

emissions without accounting for all 

emissions in accordance with the provisions 

of Subpart H, except as provided in § 75.74. 

C) No owner or operator of an affected unit 

shall disrupt the CEMS or any other 

approved emission monitoring method, and 

thereby avoid monitoring and recording 

NOx mass emissions, except for periods of 

re-certification or periods when calibration, 

quality assurance testing, or maintenance is 

performed in accordance with the provisions 

of Subpart H applicable to the monitoring 

systems under § 75.71, except as provided in 

§ 75.74. 

D) No owner or operator of an affected unit 

shall retire or permanently discontinue use 

of the CEMS, or any other approved 

emission monitoring system except under 

one of the following circumstances: 

1) During period that the unit is covered by 

a retired unit exemption that is in effect 

under the State or federal NOx mass 

emission reduction program that adopts 

the requirements of Subpart H; 

2) The owner or operator is monitoring 

NOx emissions from the affected unit 

with another certified monitoring system 

approved, in accordance with the 

provisions of § 75.70(d); or 

3) The designated representative submits 

notification of the date of certification 

testing of a replacement monitoring 

system in accordance with § 75.61. 

Continuously 40 CFR 75 

§75.70(c) 
Draft PSNH – Merrimack Station Page 55 

97 River Road, Bow, NH 

TV-0055 

Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

30. MK1, 

MK2, 

MKCT1, 

MKCT2 

CEMS and 

COMS and 

Alternative 

Monitoring 

Certification 

Pursuant to 40 CFR 75.20 and 40 CFR 75.70(d) 

and Env-A 3212.07 and Env-A 3212.10, the 

Permittee shall recertify the CEMS and COMS 

and alternative monitoring system whenever the 

Permittee makes a replacement, modification, or 

change to the systems or to the facility that could

significantly affect the ability of the systems to 

accurately measure and record the requisite data. 

The Permittee must submit an application for 

recertification of the monitoring system to EPA 

and DES, except pursuant to Env-A 3212.11, 

notifications for MKCT1 & MKCT2 shall only 

be sent to DES. 

Whenever the 

Permittee 

makes a 

replacement, 

modification, or 

change to the 

systems or to 

the facility that 

could 

significantly 

affect the 

ability of the 

systems to 

accurately 

measure and 

record the 

requisite data 

40 CFR 75 

§75.20, 

75.70(d), and 

40 CFR 75 

Appendix E 

Section 1.2 and 

Env-A 809, 

3212.02, 

3212.06, 

3212.07, 

3212.09, 

3212.10 and 

2910.04 

31. MK1 & 

MK2 

QA/QC 

Requirements 

A) Pursuant to 40 CFR 75.21 (a)(1) and 40 

CFR 75.70, the Permittee shall operate, 

maintain, and calibrate each CEMS 

according to the quality assurance and 

quality control procedures in 40 CFR 75 

Appendix B. 

B) Pursuant to 40 CFR 75.21(b), the Permittee 

shall operate, calibrate, and maintain each 

COMS according to the procedures 

specified in the SIP, pursuant to 40 CFR 51 

Appendix M. 

C) Pursuant to 40 CFR 75.21(c), the Permittee 

shall ensure that all calibration gases used to 

quality assure the operation of the 

instrumentation shall meet the definition in 

40 CFR 72.2. 

D) Pursuant to 40 CFR 75.21(d) and (e), the 

Permittee shall comply with the provisions 

concerning consequences of audits and audit 

decertification. 

E) Within and prior to the ozone season, the 

Permittee shall meet the quality assurance 

requirements contained in 40 CFR 75.74, as 

applicable. 

As specified by 

regulation 

40 CFR 75 

§75.21, 75.70, 

and 75.74 

32. MKCT1 & 

MKCT2 

QA/QC 

Requirements 

for Alternative 

Monitoring 

Systems 

The owner or operator shall comply with the 

QA/QC procedures of 40 CFR 75 Appendix E 

and 40 CFR 75.74(c), as applicable. Pursuant to 

40 CFR 75.74(b), the owner or operator may 

choose whether to meet the QA/QC 

requirements on an annual basis or an ozone 

season basis. 

Annually or 

ozone season 

basis 

40 CFR 75 

§75.70(e) and 

40 CFR 75 

Appendix E 

and 40 CFR 75 

§75.74(b) and 

(c) 
Draft PSNH – Merrimack Station Page 56 

97 River Road, Bow, NH 

TV-0055 

Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

33. MKCT1, 

MKCT2, 

MK1 & 

MK2 

NOx Mass 

Emissions – 

Petitions for 

Alternatives 

The owner or operator may submit a petition to 

DES and EPA requesting an alterative to any 

requirement of 40 CFR 75 Subpart H. Such a 

petition shall meet the requirements of § 75.66 

and any additional requirements established by 

Env-A 3200 or other applicable State or Federal 

NOx mass emission reduction program that 

adopts the requirements of 40 CFR 75 Subpart 

H. Pursuant to 40 CFR 75.70(h)(3)(i), the 

owner or operator filed a petition for an alternate

monitoring method for MKCT1 and MKCT2 

using Appendix E, which was approved by the 

USEPA and DES. 

Upon request 

by permittee 

40 CFR 75 

§75.70(h) and 

40 CFR 75 

Subpart E and 

40 CFR 75 

Appendix E & 

Env-A 3212.09 

34. MKCT1, 

MKCT2 

NOx Mass 

EmissionsAlternative 

Monitoring 

System 

The owner or operator shall comply with the 

provisions of 40 CFR 75 Appendix E and Env-A 

3212.09 as an alternative to continuous emission 

monitoring system requirements. 

During the 

ozone season 

40 CFR 75 

Appendix E 

and Env-A 

3212.09 

35. MKCT1, 

MKCT2 

NOx Mass 

Emissions – 

NOx Emission 

Rate and Heat 

Input– Oilfired Peaking 

Units 

The owner or operator of an affected unit that 

qualifies as a peaking unit and as either gas-fired

or oil-fired shall either: 

A) Meet the requirements of 40 CFR 75.71(c); 

or 

B) Use the procedures in 40 CFR 75 Appendix 

D for determining hourly heat input and the 

procedure specified in 40 CFR 75 Appendix 

E for estimating hourly NOx emission rate. 

The heat input apportionment provisions in 

Section 2.1.2 of Appendix D shall not be 

used to meet the NOx mass reporting 

provisions of Subpart H. In addition, if after 

certification of an excepted monitoring 

system under Appendix E, the operation of a 

unit that reports emissions on an annual 

basis under 40 CFR 75.74(a) exceeds a 

capacity factor of 20.0 percent in any 

calendar year or exceeds an annual capacity 

factor of 10.0 percent averaged over 3 years, 

or the operation of a unit that reports 

emissions on an ozone season basis under 40 

CFR 75.74(b) exceeds a capacity factor of 

20.0 percent in any ozone season or exceeds 

an ozone season capacity factor of 10.0 

percent averaged over three years, the owner 

or operator shall meet the requirements of 40 

CFR 75.71(c) or, if applicable 40 CFR 

75.71(e) by no later than December 31 of 

the following calendar year. 

As specified by 

regulation 

40 CFR 75 

§75.71(d) 
Draft PSNH – Merrimack Station Page 57 

97 River Road, Bow, NH 

TV-0055 

Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

36. MK1, 

MK2, 

MKCT1, 

MKCT2 

NOx Mass 

Emissions – 

Annual and 

Ozone Season 

Monitoring 

The owner or operator shall meet the 

requirements of 40 CFR 75 Subpart H during 

the entire calendar year for MK1 and MK2 and 

on an ozone season basis except as specified for 

MKCT1 & MKCT2. 

During the 

calendar year 

for MK1 and 

MK2 and 

during the 

ozone season 

for MKCT1 & 

MKCT2 

40 CFR 75 

§75.74(a) and 

(b) 

37. MKCT1 & 

MKCT2 

NOx RACT 

Compliance 

Testing 

The owner or operator shall conduct stack 

testing using US EPA Method 20 to determine 

the NOx emissions. The owner or operator shall 

calculate and record the NOx emission rate in 

lb/MMBtu on a 24-hour calendar average, lb/hr 

on a 24-hour calendar average, and 

tons/consecutive 12-month period using the 

stack test results and operating hours. 

Once every 3 

years and upon 

written request 

by DES and/or 

EPA 

Env-A 

1211.13(f) 

Env-A 

803.02(c) 

(formerly EnvA 1211.21) and 

40 CFR 70.6 

(a)(3)(i)(B) 

38. MK1 & 

MK2 

Ammonia slip 

testing 

The owner or operator shall conduct stack 

testing at a NOx emission rate, in lb/MMBtu, as 

specified by DES, using a DES-approved 

method to determine the ammonia slip. 

At least once 

every 5 years or 

upon request by 

DES and/or 

EPA 

40 CFR 70.6 

(a)(3)(i)(B) 

39. MK1-PC3 

& 

MK2-PC6 

Ammonia 

Consumption 

The owner or operator shall track ammonia 

consumption daily using an ammonia flow meter 

installed with the SCR systems. Daily records 

shall be submitted to DES in the quarterly 

reports in accordance with Table 11, Item 6. 

The owner or operator shall keep monthly total 

ammonia consumption records for submittal to 

DES with the annual emissions report due by 

April 15th of the following year. 

Daily and 

monthly 

Temporary 

Permits 

FP-T-0054 & 

TP-B-0462 

40. MK1-PC1, 

MK1-PC2, 

MK2-PC4 

& 

MK2-PC5 

# of Fields 

Out of Service 

for each ESP 

unit 

The owner or operator shall continuously 

monitor and record the total number of fields out 

of service for each electrostatic precipitator. 

Report any occurrences of fields out of service to 

DES in accordance with Table 11, Items 18 and 

19. 

Continuously 40 CFR 

70.6(a)(3)(i)(B) 

41. MK1-PC1, 

MK1-PC2, 

MK2-PC4 

& 

MK2-PC5 

Inlet gas 

temperature to 

each ESP 

The owner or operator shall continuously 

measure and record the inlet gas temperature to 

the ESP using a DES-approved temperature 

monitoring system. 

Continuously 40 CFR 70.6 

(a)(3)(i)(B)
Draft PSNH – Merrimack Station Page 58 

97 River Road, Bow, NH 

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Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

42. Facility 

Wide 

Sulfur Content 

of Liquid 

Fuels 

Conduct testing in accordance with appropriate 

ASTM test methods or retain delivery tickets or 

other documentation in accordance with Table 

10, Item #4 in order to demonstrate compliance 

with the sulfur content limitation provisions 

specified in this permit for liquid fuels. 

For each 

delivery of 

liquid fuel to 

the facility 

Env-A 806.02, 

Env-A 806.05, 

40 CFR 60 

Subpart Dc 

§60.42c(h)(1), 

§60.48c(f)(1), 

& 

§60.44c(h) 

43. MK1 & 

MK2 

Sulfur Content 

of Bituminous 

Coal 

Documentation from the fuel supplier or testing 

in accordance with appropriate ASTM test 

methods that certify the weight-percent of sulfur 

for each delivery of bituminous coal 

Each delivery 

of fuel 

Env-A 806.04 

44. MKCT1, 

MKCT2, 

MKSCC, 

MKEG, 

MKEB 

Opacity USEPA Method 9 As necessary as 

determined by 

PSNH, DES, 

and/or EPA 

40 CFR 70.6 

(a)(3)(i)(B) 

45. MKEG Operating 

Hours 

The owner or operator shall maintain a log of the 

operating hours of the emergency generator. 

Continuously 40 CFR 70.6 

(a)(3)(i)(B) 

46. MKPCC & 

MKSCC 

Coal 

Throughput 

The owner or operator shall maintain records of 

the monthly coal received and coal burned (coal 

throughput). 

Monthly 40 CFR 70.6 

(a)(3)(i)(B) & 

State Permits to 

Operate No. 

PO-BP-2416 & 

2417 

47. MK1 & 

MK2 

Coal Feed 

Rate - Periodic 

Monitoring 

E Belt scales for MK1 and MK2 shall be 

verified or calibrated once per year. 

Annually 40 CFR 70.6 

(a)(3)(i)(B) 

48. MK1 & 

MK2 

TSP Testing The owner or operator shall conduct stack 

testing using US EPA Methods 1-5 or 1-4 and 

17 or other method approved by DES to 

determine the TSP emissions. The owner or 

operator shall calculate and record the TSP 

emission rate in lb/MMBtu on a 24-hour 

calendar day average and tons/consecutive 12-

month period using stack test results and 

operating hours. The owner or operator may use 

other EPA-approved emission calculating 

methods to calculate TSP emissions. 

Testing at least 

once every 5 

years and upon 

request by DES 

and/or EPA 

Env-A 802 & 

40 CFR 70.6 

(a)(3)(i)(B) 
Draft PSNH – Merrimack Station Page 59 

97 River Road, Bow, NH 

TV-0055 

Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

49. MK1 & 

MK2 

PM10 Testing The owner or operator shall conduct stack 

testing using US EPA Method 201a and 202, or 

other method approved by DES to determine 

PM10 emissions. The owner or operator shall 

calculate and record the PM10 emission rate in 

tons/consecutive 12-month period using stack 

test results and operating hours. The owner or 

operator may use other EPA-approved emission 

calculating methods to calculate PM10 emissions. 

 

Testing at least 

once every 5 

years and upon 

request by DES 

and/or EPA 

Env-A 802 & 

40 CFR 70.6 

(a)(3)(i)(B) 

50. MKEB Performance 

Test 

Each time the owner or operator brings an 

Emergency Boiler into the facility for operation, 

it is required to conduct an initial performance 

test as required by 40 CFR 60.8 for opacity, 

within 60 days of achieving maximum 

production rate or within 180 days of initial 

startup. Method 9 (6-minute average of 24 

observations) shall be used for determining the 

opacity of stack emissions. Testing will be 

conducted at the maximum permitted operating 

rate, 520 gal/hr while firing No. 2 fuel oil, or 

701 gal/hr while firing on-road low sulfur diesel 

fuel. A DES representative must be present to 

observe the testing. 

Each time an 

Emergency 

Boiler is 

installed 

40 CFR 60 

Subpart Dc 

§60.45c(a) & 

Env-A 802 

51. MKEB Fuel flow 

meter, 

recorder, & 

totalizer 

A) Fuel Consumption: A fuel oil flow meter 

(gal/hr) and chart recorder and totalizer 

(gal/day) shall be installed and continuously 

operated on the fuel oil inlet line to the 

Emergency Boiler to measure the 

instantaneous fuel oil consumption and daily 

total consumption for the Emergency Boiler. 

B) Calibration or verification: The owner or 

operator shall calibrate or verify these 

devices in accordance with the 

manufacturers and or supplier's 

recommendations. 

Continuously Temporary 

Permit 

TP-B-0490 

52. Facility 

wide 

Inventories of 

Regulated 

Substances 

The owner or operator shall monitor the quantity 

of regulated substances to ensure that the facility

is in compliance with the requirements of 40 

CFR 68. 

Continuously 40 CFR 68 and 

1990 CAA 

Section 

112(r)(1) 
Draft PSNH – Merrimack Station Page 60 

97 River Road, Bow, NH 

TV-0055 

Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

53. MK1 & 

MK2 

Mercury 

Monitoring 

Prior to the availability and operation of 

continuous emissions monitoring (CEM) 

systems for mercury, stack tests or another 

methodology approved by the Department shall 

be conducted twice per year to determine 

mercury emissions levels from each of the 

boilers. Any stack tests performed shall employ 

a federally recognized and approved 

methodology, proposed by the owner and 

employing a test protocol approved by the 

Department. When a federal performance 

specification takes affect, and a mercury CEM 

system capable of meeting the federal 

specifications becomes available, a mercury 

CEM system, approved by the department shall 

be installed in MK1 & MK2 and at other 

affected sources as deemed appropriate by the 

Department. 

Twice per year Env-A 802 & 

RSA 125-O:15 

(State-Only 

Enforceable) 
Draft PSNH – Merrimack Station Page 61 

97 River Road, Bow, NH 

TV-0055 

Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

54. MK1 & 

MK2 

Baseline 

Mercury Input 

Baseline mercury input shall be determined as 

follows: 

A) No later than August 1, 2006, and 

continuing for 12 months thereafter, a 

representative monthly sample of the coal 

used traditionally (not to include trial or test 

coal blends) by each affected source shall be 

collected from each of the units identified in 

b. below and analyzed to determine the 

average mercury content of the fuel for each 

unit expressed in pounds of mercury input 

per ton of coal combusted at each affected 

source. The mercury content of the coal 

derived from these analyses for each 

affected source shall be multiplied by the 

average annual throughput of coal for the 

period 2003, 2004, and 2005 (average tons 

of coal combusted per year) for each 

respective affected source to yield the 

average pounds of mercury input per year 

into each affected source. The sum of these 

annual input pound averages from each 

affected source shall equal the baseline 

mercury input. 

B) Determination of the mercury content of the 

coal shall follow appropriate ASTM testing 

procedures (ASTM D3684-01). For 

purposes of baseline mercury input 

determination, coal sampling shall occur at 

Merrimack Unit 1 and Unit 2, and at either 

Schiller Unit 4 or Unit 6, which shall serve 

to represent all Schiller units. At least 4 of 

the samples taken from each of these units 

shall correspond with the stack testing done 

at each of these units under RSA 125-

O:14,II. 

As specified RSA 125-

O:14,I. 

(State-Only 

Enforceable) 
Draft PSNH – Merrimack Station Page 62 

97 River Road, Bow, NH 

TV-0055 

Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

55. MK1 & 

MK2 

Baseline 

Mercury 

Emissions 

Baseline mercury emissions shall be determined 

as follows: 

A) A minimum of 4 stack tests shall be 

conducted at each of the units specified in b. 

below, using appropriate testing protocols, 

to determine statistically valid average 

mercury emissions rate for each unit 

expressed in pounds of mercury emitted per 

ton of coal combusted at each affected 

source. The rate for each affected source 

shall be multiplied by the average annual 

coal throughput for the period 2003, 2004, 

and 2005 (average tons of coal combusted 

per year) for each respective affected source 

to yield the average pounds of mercury 

emitted per year from each affected source. 

The sum of these annual emitted pound 

averages from each affected source shall 

equal the baseline mercury emissions. 

B) For purposes of the baseline mercury 

emissions determination, stack tests shall be 

conducted at Merrimack Unit 1 and Unit 2, 

and at either Schiller Unit 4 or Unit 6, which 

shall serve to represent all Schiller Units. If 

mercury emissions improvements are made 

or are being made during the testing period, 

the stack tests shall be conducted without 

the improvements running at the time of the 

tests. 

As specified RSA 125-

O:14,II. 

(State-Only 

Enforceable) 

56. MK1 & 

MK2 

Mercury 

Emission 

Monitoring 

A) Prior to the availability and operation of 

CEMS, and subsequent to the baseline 

emissions testing under RSA 125-O:14, II, 

stack tests or another methodology approved 

by DES shall be conducted twice per year to 

determine mercury emissions levels from the 

affected sources. 

B) Any stack tests performed shall employ a 

federally recognized and approved 

methodology, proposed by the Owner and 

employing a test protocol approved by DES. 

When a federal performance specification takes 

effect and a mercury CEMS capable of meeting 

the federal specifications becomes available, a 

mercury CEMS, approved by DES, shall be 

installed on STMK3 as deemed appropriate by 

DES. 

Twice per year 

or until a 

mercury CEMS 

is in operation 

and approved 

by DES 

RSA 125-O:15 
Draft PSNH – Merrimack Station Page 63 

97 River Road, Bow, NH 

TV-0055 

Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

57. MK1 & 

MK2 

SO2, NOx, 

CO, PM, 

VOCs 

Emissions 

(tons/month 

and tons/

consecutive

12-month 

period)

Pursuant to the 40 CFR 52.21 (b)(21)(v) (dated 

July 1, 2002)29, for an electric utility steam 

generating unit (other than a new unit or the 

replacement of an existing unit), actual SO2, 

NOx, CO, PM, VOC emissions of the unit 

following the physical or operational change 

shall equal the representative actual annual 

emissions of the unit, provided PSNH maintains 

and submits to DES on an annual basis for a 

period of 5 years from the date the unit resumes 

regular operation, information demonstrating 

that the physical or operational change did not 

result in an emissions increase. A longer period, 

not to exceed 10 years, may be required by DES, 

if it determines such a period to be more 

representative of normal source post-change 

operations. Pursuant to 40 CFR 52.21(b)(33) 

(dated July 1, 2002), representative actual 

annual emission means the average rate, in tons 

per year, at which the source is projected to emit 

a pollutant for the two-year period after the 

physical change or change in the method of 

operation of a unit (or a different consecutive 

two-year period within 10 years after that 

change, where DES determines that such period 

is more representative of normal source 

operations), considering the effect any such 

change will have on increasing or decreasing the 

hourly emissions rate and on projected capacity 

utilization. In projecting future emissions, DES 

shall consider all relevant information, including 

but not limited to, historical operational data, the 

company’s own representations, filings with the 

State or Federal regulatory authorities, and 

compliance plans under Title IV of the CAA; 

and exclude, in calculating any increase in 

emissions that results from the particular 

physical change or change in the method of 

operation at an electric utility steam generating 

unit, that portion of the unit’s emissions 

following the change that could have been 

accommodated during the representative 

baseline period and is attributable to an increase 

in projected capacity utilization at the unit that is 

Monthly 40 CFR 70.6 

(a)(3)(i)(B) and 

40 CFR 52.21 

(b)(21) and 

(33), dated July 

1, 2002 

 

29 See the letter dated January 31, 2008 from William H. Smagula, PSNH to Robert R. Scott, DES-Air Resources Division and the 

letter March 31, 2008 from Craig A. Wright, DES-Air Resources Division to William H. Smagula, PSNH concerning conditional new 

source review applicability determination concerning modifications at PSNH-Merrimack Station. 
Draft PSNH – Merrimack Station Page 64 

97 River Road, Bow, NH 

TV-0055 

Table 9 – Monitoring/Testing Requirements

Item 

No. 

Device Parameter Method of Compliance Frequency of 

Method 

Regulatory 

Cite 

unrelated to the particular change, including any 

increased utilization due to the rate of electricity 

demand growth for the utility system as a 

whole. In order to calculate annual emissions as 

required pursuant to 40 CFR 52.21 (dated July 

1, 2002), PSNH shall monitor emissions of SO2, 

NOx, CO, PM, and VOCs for a period of 5 years 

or more beginning in 2002. 

J. Recordkeeping Requirements 

The Permittee is subject to the Recordkeeping requirements as contained in Table 10 below: 

Table 10 – Applicable Recordkeeping Requirements30

Item 

No. 

Recordkeeping Requirement Frequency of 

Recordkeeping 

Applicable 

Emission Unit 

Regulatory Cite 

1. Record Retention: The Permittee shall retain 

the records required by this permit on file for a 

minimum of 5 years, except the certificate of 

representation for the designated 

representatives shall be kept beyond the 5-year 

period.31 

Minimum of 5 year 

retention of records 

as specified 

Facility Wide 40 CFR 

§72.9(f)(1), 

40 CFR §75.57, 

 40 CFR 

70.6(a)(3)(ii)(B), 

Env-A 3213, and 

Env-A 

902.01(a)(new) 

2. Monitoring Plan and QA/QC Plan: 

A) The Permittee shall prepare and maintain a 

monitoring plan for the CEMS and COMS, 

which contains sufficient information to 

demonstrate that all unit SO2 emissions, 

NOx emissions, CO2 emissions and opacity 

are monitored and reported. 

B) The Permittee shall prepare and maintain 

monitoring plans for other approved 

monitoring methods, which contain 

sufficient information to demonstrate that 

all unit NOx emissions are monitored and 

Whenever a change 

occurs that could 

affect monitoring 

method or annually, 

whichever is more 

frequent 

MK1 & MK2, 

MKCT1& 

MKCT2 

40 CFR §75.53 (a), 

(b), (e), and (f), 

§75.73(c), 

Env-A 808.04, 

Env-A 808.06, 

Env-A 3212.13, 

and 

Env-A 2910.09 

 

30 On April 23, 1999 DES promulgated new Env-A 900 rules to streamline the recordkeeping and reporting requirement sections of 

the New Hampshire Code of Administrative Rules. Until such time that the new Env-A 900 rules are approved and adopted into the 

State Implementation Plan (SIP) by EPA, all Title V permits will be incorporating the old Env-A 900 rules (which became effective on 

November 11, 1992), unless the new Env-A 900 rules are more stringent. These recordkeeping and reporting requirements shall fall 

under the Permit Shield provisions as contained in Section XIII of this permit. 

31 Note that the record retention requirement for five years contained in Env-A 902.01 and Env-A 3213 are more stringent than the 

three year record retention required in some sections of 40 CFR 75. 
Draft PSNH – Merrimack Station Page 65 

97 River Road, Bow, NH 

TV-0055 

Table 10 – Applicable Recordkeeping Requirements30

Item 

No. 

Recordkeeping Requirement Frequency of 

Recordkeeping 

Applicable 

Emission Unit 

Regulatory Cite 

reported. 

C) The Permittee shall update the monitoring 

plan whenever the Permittee makes a 

replacement, modification or change that 

could affect the CEMS or COMS or other 

approved monitoring method. 

D) The Permittee shall review the QA/QC plan 

and all data generated by its 

implementation at least once each year. 

E) The Permittee shall revise or update the 

QA/QC plan, as necessary, based on the 

results of the annual review by conducting 

the following: 

1) Documenting any changes made to the 

CEM or the monitoring method or 

changes to any information provided in 

the monitoring plan; 

2) Including a schedule of, and 

describing, all maintenance activities 

that are required by the CEM 

manufacturer or that might have an 

effect on the operation of the system; 

3) Describing how the audits and testing 

required by this part will be performed; 

and 

4) Including examples of the reports that 

will be used to document the audits and 

tests required by this part; 

5) Make the revised QA/QC plan 

available for on-site review by the 

division at any time; and 

6) Within 30 days of completion of the 

annual QA/QC plan review, certify in 

writing that the owner or operator will 

continue to implement the source’s 

existing QA/QC plan or submit in 

writing any changes to the plan and the 

reasons for each change. 

F) The QA/QC plan shall be considered an 

update to the CEM monitoring plan 

required by Env-A 808.04. 

G) Pursuant to Env-A 3212.13(a) and Env-A 

2910.09, the units subject to acid rain 

emission limitations (MK1 & MK2) shall 

comply with the requirements of 40 CFR 

75.62, except the monitoring plan shall also 

include all of the information required by 

40 CFR 75, Subpart H. 
Draft PSNH – Merrimack Station Page 66 

97 River Road, Bow, NH 

TV-0055 

Table 10 – Applicable Recordkeeping Requirements30

Item 

No. 

Recordkeeping Requirement Frequency of 

Recordkeeping 

Applicable 

Emission Unit 

Regulatory Cite 

H) Pursuant to Env-A 3212.13(b), a unit not 

subject to acid rain emission limitations 

(MKCT1 & MKCT2) shall comply with 

the requirements of 40 CFR 75.62, except 

the monitoring plan shall only include the 

information required by 40 CFR 75, 

Subpart H. 

I) Pursuant to 40 CFR 75.73(c)(3), the 

monitoring plan for a unit not subject to 

acid rain emission limitations (MKCT1 & 

MKCT2) shall include the provisions of 40 

CFR 75.53(e)(1), 75.53(f)(1)(i), (f)(2)(i), 

and (f)(4) in electronic format and 40 CFR 

75.53(e)(2), 75.53(f)(1)(ii), and (f)(2)(ii) in 

hardcopy format. 

3. CEM, COMS and Other Approved Monitoring 

Methods Recordkeeping Requirements: 

A) The Permittee shall record and maintain the 

information required pursuant to 40 CFR 

75.57, 75.58, 75.59, and 75.73(b), which 

includes the certification, quality assurance, 

and quality control records. 

B) The Permittee shall record and maintain 

CEMS and COMS records according to the 

most stringent requirements of Env-A 808 

and 40 CFR 75. 

As specified by 

regulation 

MK1, MK2, 

MKCT1, 

MKCT2 

40 CFR §75.57, 

75.58,75.59, and 

75.73, Env-A 3212, 

Env-A 903.04 (a) 

(new), and 

Env-A 800 

4. Liquid Fuel Oil Recordkeeping Requirements

In lieu of sulfur testing pursuant to Table 9, 

Item #45, the owner or operator may maintain 

fuel delivery tickets that contain the following 

information: 

A) The date of delivery; 

B) The quantity of delivery; 

C) The name, address and telephone number 

of the company making the delivery; and 

D) For #1 or #2 fuel oil, diesel fuel, or JP-4 

aviation fuel, a written statement or other 

documentation from the fuel supplier that 

the sulfur content of the fuel as delivered 

does not exceed state or federal standards 

for that fuel. 

For each delivery of 

liquid fuel to the 

facility 

Facility Wide Env-A 806.05 

(new) and 

40 CFR 

70.6(a)(3)(ii)(A) 

5. Delivery Ticket and Sulfur Analysis Records 

for Coal: The permittee shall maintain delivery 

tickets from each coal supplier for each 

shipment of coal received. The delivery tickets 

shall be in a form suitable for inspection and 

available to the DES and/or EPA upon request. 

 Each delivery ticket shall indicate the 

Each delivery of 

Coal 

MK1 & MK2 Env-A 806.05 

(new) & 40 CFR 

70.6(a)(3)(ii)(A) 
Draft PSNH – Merrimack Station Page 67 

97 River Road, Bow, NH 

TV-0055 

Table 10 – Applicable Recordkeeping Requirements30

Item 

No. 

Recordkeeping Requirement Frequency of 

Recordkeeping 

Applicable 

Emission Unit 

Regulatory Cite 

following: 

A) The name of the fuel supplier; 

B) The address of the fuel supplier; 

C) The telephone number of the fuel supplier; 

D) The type of fuel delivered; 

E) The quantity of coal delivered; 

F) The date of delivery; 

G) The maximum percent sulfur by weight of 

the coal delivered or the lb sulfur/MMBtu 

of coal; 

H) Identification of the mine from which the 

coal originated; 

I) The weight percent ash content of the coal; 

and 

J) The gross heat content of the coal (Btu per 

pound). 

If the delivery tickets do not contain sulfur 

content of fuel delivered, the Permittee shall 

provide other documentation from the fuel 

supplier with the above information or perform 

testing in accordance with appropriate ASTM 

test methods to determine compliance with the 

sulfur content limitation provisions in Env-A 

1606 for solid fuels. 

6. Solid Fuel Utilization Records: The Permittee 

shall maintain the following monthly records or 

records for an alternative period as approved by 

DES in accordance with Env-A 912, of the 

bituminous coal characteristics and utilization: 

A) Fuel consumption; 

B) Fuel type; 

C) Ash content; 

D) Sulfur content as percent sulfur by weight 

of fuel and pounds per million Btu gross 

heat content; and 

E) Btu content per pound of fuel. 

Monthly or 

alternative period as 

approved by DES 

in accordance with 

Env-A 912 

MK1 & MK2 Env-A 903.03(a)(1) 

(formerly Env-A 

901.03(a)(2)) 
Draft PSNH – Merrimack Station Page 68 

97 River Road, Bow, NH 

TV-0055 

Table 10 – Applicable Recordkeeping Requirements30

Item 

No. 

Recordkeeping Requirement Frequency of 

Recordkeeping 

Applicable 

Emission Unit 

Regulatory Cite 

7. Liquid Fuel Utilization Records: The Permittee 

shall maintain the following monthly records or 

records for an alternative period as approved by 

DES in accordance with Env-A 912, of the 

liquid fuel characteristics and utilization by 

device: 

A) Fuel consumption; 

B) Fuel type; 

C) Viscosity (based on generally accepted 

values); 

D) Sulfur content as percent sulfur by weight 

of fuel; 

E) Btu content per gallon of fuel; and 

F) Hours of operation of each fuel combustion 

device while operating with each type of 

liquid fuel, so the distribution of fuel 

among each combustion device can be 

estimated. 

Monthly or 

alternative period as 

approved by DES 

in accordance with 

Env-A 912 

Facility Wide Env-A 903.03(a)(3) 

and (b) (formerly 

Env-A 901.03(a)(1) 

and (c)) 

8. General Recordkeeping Requirements for 

Process Operations: Keep monthly records of 

raw material utilization (coal) for each of the 

crusher systems and coal fed to MK1 and MK2. 

Monthly and 

consecutive 12 

month periods 

PCC, SCC, 

MK1, MK2 

Env-A 903.02 & 

State Permits to 

Operate 

PO-BP-2416 & 

PO-BP-2417 
Draft PSNH – Merrimack Station Page 69 

97 River Road, Bow, NH 

TV-0055 

Table 10 – Applicable Recordkeeping Requirements30

Item 

No. 

Recordkeeping Requirement Frequency of 

Recordkeeping 

Applicable 

Emission Unit 

Regulatory Cite 

9. General NOx Recordkeeping Requirements:

The Permittee shall record and maintain the 

following information for fuel burning devices: 

A) Facility information, including the 

following: 

1) Source name; 

2) Source identification; 

3) Physical address; and 

4) Mailing address. 

B) Identification of fuel burning devices; 

C) Operating schedule for each fuel burning 

device identified in Condition B) above: 

1) Days per calendar week during the 

normal operating schedule; 

2) Hours per day during the normal 

operating schedule and for a typical 

ozone season day; and 

3) Hours per year during the normal 

operating schedule. 

D) Type and amount of fuel burned for each 

fuel-burning device during normal 

operating conditions and for a typical ozone 

season day, if different from normal 

operating conditions, on an hourly basis in 

mmBtu/hr. 

E) Theoretical potential NOx emissions for the 

calculation year for each fuel burning 

device: 

1) Annual emissions, in tons per year; and 

2) Typical ozone season day emissions, in 

pounds per day. 

F) Actual NOx emissions for each fuel 

burning device: 

1) Annual emissions, in tons per year; and 

2) Typical ozone season day emissions, in 

pounds per day. 

G) Emission factors and the origin of the 

emission factors used to calculate the NOx 

emissions. 

Annually and as 

applicable 

Facility Wide Env-A 905.02 

(formerly Env-A 

901.08(c)(1)-(5)) 
Draft PSNH – Merrimack Station Page 70 

97 River Road, Bow, NH 

TV-0055 

Table 10 – Applicable Recordkeeping Requirements30

Item 

No. 

Recordkeeping Requirement Frequency of 

Recordkeeping 

Applicable 

Emission Unit 

Regulatory Cite 

10. Recordkeeping Requirements for Sources or 

Devices with Add-On NOx Air Pollution 

Control Equipment: The Permittee shall record 

and maintain the following information: 

A) Air pollution control device identification 

number, type, model number, and 

manufacturer; 

B) Installation date; 

C) Unit(s) controlled; 

D) Type and location of the capture system, 

capture efficiency percent, and method of 

determination; 

E) Emission test results, including inlet NOx 

concentration (ppm), outlet NOx 

concentration (ppm), method of 

concentration determination, and date of 

determination; 

F) Information as to whether the air pollution 

control device is always in operation when 

the fuel burning device it is serving is in 

operation; and 

G) Destruction or removal efficiency of the air 

pollution control equipment, including the 

following information: 

1) Destruction or removal efficiency, in 

percent; 

2) Current primary and secondary 

equipment control information codes 

from EPA AIRS Air Facility 

Subsystem List for each piece of 

control equipment; 

3) Date tested; and 

4) Method of determining destruction or 

removal efficiency, if not tested. 

Maintain at the 

facility at all times 

MK1 & MK2 Env-A 905.03 

(formerly Env-A 

901.08(c)(6)) 

11. Boiler Operating Hour Records: The owner or 

operator shall maintain a log to record the 

number of hours of operation of MK1 and 

MK2 each month. This log may be part of the 

existing work management system. 

Monthly MK1 & MK2 Env-A 906 & 

Temporary Permits 

FP-T-0054 & 

TP-B-0462 

12. Emergency Generator Operating Records:

The owner or operator shall record and 

maintain monthly and consecutive 12-month 

records of the operating hours of the emergency 

generator. 

Monthly MKEG Env-A 906 & State 

Permit to Operate 

PO-B-1788 
Draft PSNH – Merrimack Station Page 71 

97 River Road, Bow, NH 

TV-0055 

Table 10 – Applicable Recordkeeping Requirements30

Item 

No. 

Recordkeeping Requirement Frequency of 

Recordkeeping 

Applicable 

Emission Unit 

Regulatory Cite 

13. Coal Crusher Records: The Permittee shall 

maintain the following information, which may 

be included in the facility work management 

system: 

A) The monthly visible emission observation 

results for the secondary crusher; 

B) A log of repairs made to the coal crusher 

enclosure. The log shall include the 

following: 

1) The date a problem was observed; 

2) The date of the repair; 

3) A description of the problem; and 

4) The corrective actions taken. 

As specified MKPCC & 

MKSCC 

State Permits to 

Operate No. POBP-2416 & PO-BP2417 

14. Certificate of Representation: The Permittee 

shall complete and retain a certificate of 

representation for a designated representative or 

an alternate designated representative including 

the elements pursuant to 40 CFR 72.24, 

Certificate of representation. 

Maintain at the 

facility at all times 

MK1 & MK2 40 CFR §72.24 

15. Regulated Toxic Air Pollutant Records: The 

Permittee shall maintain records in accordance 

with the applicable method used to demonstrate 

compliance pursuant to Env-A 1405. 

Maintain at facility 

at all times 

All devices 

subject to RSA 

125-I and Env-A 

1400 

Env-A 902.01 (c) 

State-Only 

Enforceable 

16. Monitoring Records: The Permittee shall 

maintain records of monitoring results as 

specified in Table 9 of this Permit including the 

following: 

A) Visible emission/opacity test results for the 

MKSCC, MKCT1, and MKCT2; 

B) NOx , SO2 , CO2, and continuous emissions 

monitoring data for MK1 & MK2; 

C) Continuous opacity monitoring data for 

MK1 & MK2; 

D) Stack volumetric flow rate (in kscfm) for 

MK1 & MK2; 

E) Inlet gas temperature to each ESP; 

F) Daily ammonia consumption of each SCR; 

G) Coal throughput for the MKPCC & 

MKSCC (primary and secondary coal 

crushers) 

H) Net electrical output; 

I) Coal E Belt scale calibrations/verifications 

for MK1 and MK2; 

J) Quantities of regulated substances facilitywide. 

Maintain at facility 

at all times 

As specified for 

each monitoring 

record 

40 CFR 

70.6(a)(3)(ii) 
Draft PSNH – Merrimack Station Page 72 

97 River Road, Bow, NH 

TV-0055 

Table 10 – Applicable Recordkeeping Requirements30

Item 

No. 

Recordkeeping Requirement Frequency of 

Recordkeeping 

Applicable 

Emission Unit 

Regulatory Cite 

17. Operating Scenario Records: PSNH shall 

maintain a record of the scenarios under which 

it is operating. PSNH shall specify whether 

operation is under normal conditions or an 

alternative operating scenario listed in Section 

VII. PSNH shall specify which alternative 

operating scenario is in use. 

Whenever 

operation method 

changes from 

normal operation to 

a specific 

alternative 

operating scenario 

Facility wide 40 CFR 70.6 (a)(9) 

18. Multi-pollutant Budget and Trading Program 

Recordkeeping Requirements: The permittee 

shall comply with the recordkeeping 

requirements of the multi-pollutant budget and 

trading program. 

As required by the 

rule

MK1 & MK2 Env-A 2900 

State-Only 

Enforceable 

19. Fuel supplier certification shall include the 

following for No. 2 fuel oil or on-road low 

sulfur diesel oil: (1) the name of the oil 

supplier; and (2) a statement from the oil 

supplier that the oil complies with the 

specifications under the definition of distillate 

oil in 40 CFR 60 Subpart Dc Section 60.41c 

(i.e., fuel oil 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, 89, 90, 92, 

96, or 98, “Standard Specification for Fuel 

Oils”) or complies with the specification for onroad low sulfur diesel oil of less than 0.05% 

sulfur by weight, for each load. 

As specified by the 

rule 

MKEB 40 CFR 60 

Subpart Dc 

§60.48c(f)(1) 

20. The owner or operator shall record and 

maintain records of the amounts of each fuel 

combusted during each day in the Emergency 

Boiler. 

Each day of 

operation 

MKEB 40 CFR 60 

Subpart Dc 

§60.48c(g) 

21. The owner or operator shall maintain records of

the occurrence and duration of any startup, 

shutdown, or malfunction in the operation of 

the Emergency Boiler. 

As stated in 

regulation 

MKEB 40 CFR 60 

Subpart A 

§60.7(b) 

22. The owner or operator shall maintain a file of 

all fuel flow (gal/hr) and totalizer 

measurements (gal/day) for the Emergency 

Boiler; all fuel flow meter and totalizer 

calibration checks; adjustments and 

maintenance performed on these systems or 

devices; and all other information required by 

this part recorded in a permanent form suitable 

for inspection. 

Maintain at facility 

at all times 

MKEB 40 CFR 60 

Subpart A 

§60.7(f) 
Draft PSNH – Merrimack Station Page 73 

97 River Road, Bow, NH 

TV-0055 

Table 10 – Applicable Recordkeeping Requirements30

Item 

No. 

Recordkeeping Requirement Frequency of 

Recordkeeping 

Applicable 

Emission Unit 

Regulatory Cite 

23. CO2 Budget Trading Program Recordkeeping 

Requirements

Unless otherwise provided, the Owner or 

Operator of the CO2 budget source and each 

CO2 budget unit at the source shall keep on site 

each of the following documents for a period of 

10 years from the date the document is created: 

A) The account certificate of representation for 

the CO2 AAR for the source and each CO2 

budget unit at the source and all documents 

that demonstrate the truth of the statements 

in the account certificate of representation 

prepared in accordance with Env-A 

4604.05, provided that the certificate and 

documents shall be retained on site at the 

source beyond such 10-year period until 

such documents are superseded because of 

the submission of a new account certificate 

of representation changing the CO2 AAR; 

B) All emissions monitoring information, in 

accordance with Env-A 4609 and 40 CFR 

75; 

C) Copies of all reports, compliance 

certifications and other submissions and all 

records made or required under Env-A 

4600; and 

D) Copies of all documents used to complete a 

CO2 budget permit application and any 

other submission under the CO2 Budget 

Trading Program or to demonstrate 

compliance with the requirements of Env-A 

4600. 

Retain for a 

minimum of 10 

years 

MK1 & MK2 Env-A 4605.03(a) 

24. Representative Actual Annual Emissions Test 

Recordkeeping Requirements:

PSNH shall maintain records of SO2, NOx, 

CO, PM, and VOC emissions in tons/month 

and tons per consecutive 12-month period for 

MK1 and MK2. 

Monthly MK1 & MK2 40 CFR 

52.21(b)(21) and 

(33), dated July 1, 

2002 and 40 CFR 

70.6(a)(3)(ii) and 

Env-A 906
Draft PSNH – Merrimack Station Page 74 

97 River Road, Bow, NH 

TV-0055 

Table 10 – Applicable Recordkeeping Requirements30

Item 

No. 

Recordkeeping Requirement Frequency of 

Recordkeeping 

Applicable 

Emission Unit 

Regulatory Cite 

25. ESP Monitoring Records:

The owner or operator shall maintain records of 

monitoring results as specified in Table 9, Item 

40 of this Permit, including the following: 

A) Fields out of service for each ESP unit, 

B) The time the field stopped operating, 

C) The reason for the field being out of 

service, 

D) The time the field was returned to service, 

and 

E) Corrective actions taken to return the field 

to service. 

Daily MK1-PC1, 

MK1-PC2, 

MK2-PC4 & 

MK2-PC5 

40 CFR 

70.6(a)(3)(ii) 

K. Reporting Requirements 

The Permittee is subject to the federally enforceable reporting requirements identified in Table 

11 below: 
Draft PSNH – Merrimack Station Page 75 

97 River Road, Bow, NH 

TV-0055 

Table 11 – Applicable Reporting Requirements 

Item 

No. 

Reporting Requirement Frequency of 

Reporting 

Applicable 

Emission 

Unit 

Regulatory 

Cite 

1. CEMS Recertification Notifications and Reports: 

A) The Permittee shall notify EPA and DES by 

telephone or in writing and not later than 21 days 

prior to the first scheduled day of full recertification 

testing and at least 7 calendar days prior to the first 

scheduled day of partial recertification testing (when 

all of the tests are not required). In emergency 

situations when equipment fails with lost data, the

Permittee may provide notice within 2 business days

following the date when testing is scheduled. If the 

testing is rescheduled, the Permittee may notify DES 

and EPA by telephone or other means within 2 

business days prior to the scheduled test date or the 

revised test date, whichever is earlier. 

B) Within 45 calendar days after completing all 

recertification tests, the Permittee shall submit to EPA 

and DES the electronic and hardcopy information 

contained in 40 CFR 75.63. 

C) Pursuant to Env-A 3212.14 and Env-A 2910.10, the 

permittee shall submit an application to DES within

45 days after completing all initial certification or 

recertification tests including the information required 

under 40 CFR 75, Subpart H. 

D) Pursuant to Env-A 2910.07, the permittee shall also

submit written notification required pursuant to 40

CFR 75.61 to the ATS administrator. 

E) Pursuant to Env-A 3212.09, the permittee shall 

comply with the notification requirements of Env-A 

3212.07 for MKCT1 & MKCT2. 

7 days prior to 

partial 

recertification, 

21 days prior to 

full 

recertification, 

and 45 days after 

all recertification 

tests32

MK1 & 

MK2 

40 CFR 

§75.61 (a)(1), 

75.70, 75.63, and 

75.73(d) and 

Env-A 3212 

and 2910 

2. Relative Accuracy Test Audit (RATA) Notification and 

Reports: 

A) The Permittee shall submit written notice to EPA and 

DES no later than 21 calendar days prior to the first 

scheduled day of testing. If the testing is rescheduled, 

the Permittee may notify DES and EPA by telephone 

or other means no later than 24-hours in advance of

the new testing date. Pursuant to Env-A 808.07, 

PSNH shall notify DES at least 30 days prior to the

performance of the RATA. DES shall require 

rescheduling of the RATA if staff necessary to 

observe the RATA are not available. 

21 calendar days 

prior to RATA 

MK1 & 

MK2 

40 CFR 

§75.61 (a)(5), 

§75.73(d), 

Env-A 3212.11, 

Env-A 2910, 

Env-A 808.05, 

and 

Env-A 808.07(c) 

and (d) 

 

32 “For Items 1, 2, and 3, PSNH – Merrimack Station shall comply with the more stringent notification and reporting requirements 

specified in Env-A 800 instead of those specified in 40 CFR 75, with the exception of notification and/or reporting required by Env-A 

2900 or Env-A 3200 which shall be done at the frequencies specified in 40 CFR 75. Env-A 808 requires at least 30 days notification 

to DES prior to the scheduled date of a CEM certification, Relative Accuracy Test Audit, or Performance Specification testing and 

requires that the final report be submitted to DES within 30 days of the completion of the testing”. 
Draft PSNH – Merrimack Station Page 76 

97 River Road, Bow, NH 

TV-0055 

Table 11 – Applicable Reporting Requirements 

Item 

No. 

Reporting Requirement Frequency of 

Reporting 

Applicable 

Emission 

Unit 

Regulatory 

Cite 

B) If requested, the Permittee shall submit the quality 

assurance RATA reports to EPA and DES by the later 

of 45 days after completing a quality assurance 

RATA or 15 days of receiving the request. 

C) Pursuant to Env-A 808.05, the permittee shall submit 

to DES a written report summarizing the performance

specification testing within 30 days of the completion 

of the test. 

D) Pursuant to Env-A 3212.11, for MKCT1 & MKCT2, 

the permittee shall submit written notification to DES 

only. 

E) Pursuant to Env-A 2910.07, the permittee shall also

submit written notification required pursuant to 40

CFR 75.61 to the ATS administrator. 

3. Performance Specification Testing Reports: 

A) DES shall be notified of the date or dates of the 

performance specification testing at least 30 days 

prior to the scheduled dates. 

B) The owner or operator shall submit to DES a written

report summarizing the testing within 30 days of the 

completion of the test. 

30-day notice to 

DES prior to 

test; test report 

to DES 30 days 

after the test 

MK1 & 

MK2 

Env-A 808.05 

4. General Audit Notification Requirements: The owner or 

operator shall notify DES at least 2 weeks prior to any 

planned audit or test procedure except for RATAs, where 

the owner or operator shall provide at least 30 days notice 

prior to the performance of the RATA. 

2 weeks prior to 

any planned 

audit or test 

procedure and at 

least 30 days 

prior to the 

RATA. 

MK1 & 

MK2 

Env-A 808.07(c) 

and (e) 
Draft PSNH – Merrimack Station Page 77 

97 River Road, Bow, NH 

TV-0055 

Table 11 – Applicable Reporting Requirements 

Item 

No. 

Reporting Requirement Frequency of 

Reporting 

Applicable 

Emission 

Unit 

Regulatory 

Cite 

5. Monitoring and QA/QC Plan Submittals: 

A) Electronic copy: The Owner or Operator shall submit a 

complete, electronic, up-to-date monitoring plan to EPA 

and DES as follows: 

1) No later than 21 days prior to the initial certification 

tests; 

2) At the time of recertification application submission; 

3) In each electronic quarterly report (Item #6 of Table 

11); and 

4) Whenever an update of the electronic monitoring plan 

information is required under 40 CFR 75.53(b). 

B) Hardcopy: The Owner or Operator shall submit all of the 

hardcopy information required by 40 CFR 75.53 to EPA 

and DES prior to initial certification. Thereafter, the 

Owner or Operator shall submit hardcopy information only 

if that portion of the monitoring plan is revised. The 

Owner or Operator shall submit the required hardcopy 

information as follows: no later than 21 days prior to the 

initial certification test; with any certification or 

recertification application, if a hardcopy monitoring plan 

change is associated with the certification or recertification 

event; and within 30 days of any other event with which a 

hardcopy monitoring plan change is associated, pursuant to 

40 CFR 75.53(b). Electronic submittal of all monitoring 

plan information, including hardcopy portions, is 

permissible provided that a paper copy of the hardcopy 

portions can be furnished upon request. 

C) Contents: The monitoring plan shall contain the 

information specified in 40 CFR 75.53. 

D) Format: The designated representative shall submit each 

monitoring plan in a format specified by EPA.

As specified MK1, MK2, 

MKCT1, & 

MKCT2 

40 CFR §75.62, 

§75.73(d) and 

(e), 

Env-A 808.04, 

Env-A 808.06, 

Env-A 3212, and 

Env-A 2910 

6. Quarterly Reports: 

A) The Permittee shall submit to DES and EPA in 

electronic format or other format as approved by DES 

and/or EPA 30 calendar days after the end of the 

calendar quarter the information contained in 40 CFR 

75.64(a), 40 CFR 75.73(f), 40 CFR 75.74, Env-A 

2912, Env-A 3212, Env-A 3214, Env-A 808.11(new), 

and Env-A 808.13 (new) and the following 

information: 

1) Opacity, SO2, NOx, and CO2 emissions as 

calculated by the CEMS. 

2) The 24-hour averages of the following shall be 

reported, whether or not an excess emission has 

occurred: 

30 calendar days 

after the end of 

the calendar 

quarter for MK1 

and MK2, 30 

calendar days 

after the end of 

the 2nd and 3rd

calendar quarter 

for MKCT1 & 

MKCT2 

MK1, MK2, 

MKCT1, & 

MKCT2 

40 CFR §75.64, 

§75.73(f), 

§75.57(f), 

§75.74, 40 CFR 

70.6(a)(3)(iii), 

Env-A 2910, 

Env-A 2911, 

Env-A 3212, 

Env-A 3214, 

Env-A 

808.11(new), 

Env-A 808.13 

(new) & 

Temporary 
Draft PSNH – Merrimack Station Page 78 

97 River Road, Bow, NH 

TV-0055 

Table 11 – Applicable Reporting Requirements 

Item 

No. 

Reporting Requirement Frequency of 

Reporting 

Applicable 

Emission 

Unit 

Regulatory 

Cite 

a. SO2 lb/mmBtu, SO2 ppm, and SO2 lb/hr; 

b. NOx lb/mmBtu, NOx ppm, and NOx lb/hr; 

c. Percent CO2 and CO2 lb/hr as measured by 

continuous monitor/recorder; 

d. Stack volumetric flow rate (in kscfm); 

e. Load (in MW); 

f. Steam flow (in klbs/hr); 

g. Heat input (mmBtu/hr); 

h. Opacity (in percent); 

i. Fuel flow (in tons/day); 

j. Hours of operation (in hours/day); and 

k. Ammonia usage (in gallons/day). 

3) Excess emission data recorded by the CEM 

system, including the following: 

a. The date and time of the beginning and 

ending of each of excess emissions; 

b. The magnitude of each excess emission; 

c. The specific cause of the excess emission; 

and 

d. The corrective action taken. 

4) If no excess emissions have occurred, a statement 

to that effect; 

5) For gaseous emission monitoring systems, the 

daily averages of the measurements made and 

emissions rates calculated. 

6) A statement as to whether the CEM system was 

inoperative, repaired, or adjusted during the 

reporting period; 

7) If the CEM system was inoperative, repaired, or 

adjusted during the reporting period, the 

following information: 

a. The date and time of the beginning and 

ending of each period when the CEM was 

inoperative; 

b. The reason why the CEM was not operating; 

c. The corrective action taken; and 

d. The percent data availability calculated in 

accordance with Env-A 808.10 for each flow, 

diluent, or pollutant analyzer in the CEM 

system; 

8) The date and time beginning and ending each 

period when the source of emissions which the 

CEM system is monitoring was not operating; 

9) When calibration gas is used, the following 

information: 

a. The calibration gas concentration; 

b. If a gas bottle was changed during the 

Permits TP-B0462 & TP-B--

0054 
Draft PSNH – Merrimack Station Page 79 

97 River Road, Bow, NH 

TV-0055 

Table 11 – Applicable Reporting Requirements 

Item 

No. 

Reporting Requirement Frequency of 

Reporting 

Applicable 

Emission 

Unit 

Regulatory 

Cite 

quarter: 

i) The date of the calibration gas bottle 

change; 

ii) The gas bottle concentration before the 

change; and 

iii) The gas bottle concentration after the 

change; and 

c. The expiration date for all calibration gas 

bottles used. 

10) Excess emissions of SO2 shall be defined as an 

annual SO2 emission, which exceeds the state 

acid rain emission limitation, as calculated from 

CEM data. 

B) The designated representative shall affirm that the

component/system identification codes and formulas 

in the quarterly electronic reports represent current 

operating conditions. 

C) The designated representative shall submit a 

certification in support of each quarterly emissions 

monitoring 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. 

D) The certification shall indicate whether the 

monitoring data submitted were recorded in 

accordance with the applicable requirements of this

part including the quality control and quality 

assurance procedures and specifications of 40 CFR 

75, and any such requirements, procedures and 

specifications of an applicable excepted or approved 

alternative monitoring method. 

E) For a unit with add-on emission controls, the 

designated representative shall also include a 

certification, for all hours where data are substituted 

following the provisions of 40 CFR 75.34(a)(1), that 

the add-on emission controls were operating within 

the range of parameters listed in the monitoring plan 

and that the substitute values recorded during the 

quarter do not systematically underestimate SO2 or 

NOx emissions, pursuant to 40 CFR 75.34. 

F) For a unit that is reporting on a control period basis, 

the designated representative shall also include a 

certification that the NOx emission rate and NOx 

concentration values substituted for missing data 

under 40 CFR 75 Subpart D are calculated using only

values from a control period and do not systematically 

underestimate NOx emissions. 
Draft PSNH – Merrimack Station Page 80 

97 River Road, Bow, NH 

TV-0055 

Table 11 – Applicable Reporting Requirements 

Item 

No. 

Reporting Requirement Frequency of 

Reporting 

Applicable 

Emission 

Unit 

Regulatory 

Cite 

G) Pursuant to Env-A 3212.15(b), for MKCT1 & 

MKCT2, the owner or operator shall either meet all of 

the requirements of 40 CFR 75 related to monitoring

and reporting NOx mass emissions during the entire 

year or submit quarterly reports only for the periods 

from the earlier of May 1 or the date and hour that the 

owner or operator successfully completes all of the

recertification tests required in accordance with 40 

CFR 75.74 through September 30 of each year in 

accordance with 40 CFR 75.74(b). 

H) Pursuant to Env-A 3212.15(e) and Env-A 

2910.11(a)(3), the quarterly reports shall be submitted 

in the manner specified in 40 CFR 75, Subpart H and

40 CFR 75.64. 

I) Pursuant to Env-A 3212.15(f) and Env-A 

2910.11(a)(4), for MK1 & MK2, the quarterly reports

shall include all of the data and information required 

in 40 CFR Subpart H and 40 CFR Subpart G. 

J) Pursuant to Env-A 3212.15(g), for MKCT1 & 

MKCT2, the quarterly reports shall include all of the 

data and information required in 40 CFR Subpart H. 

K) Pursuant to Env-A 3214.01 and Env-A 2911.01, the 

owner or operator shall also submit emissions and 

operations information in electronic format as part of 

the quarterly reports. 

L) Pursuant to Env-A 3214.02, the owner or operator 

shall also submit to the NETS administrator in the 

quarterly reports, NOx emissions in lb/hr for every

hour during the control period and cumulative 

quarterly and seasonal NOx emission data in pounds. 

M) Pursuant to Env-A 2911.02, the owner or operator 

shall also submit to the ETS administrator in the 

quarterly reports, SO2, NOx and CO2 emissions in 

lb/hr for every hour during the year and cumulative

quarterly and annual SO2, NOx and CO2 emissions 

data in pounds. 

7. Excess Emissions Requirements

If either of these devices has excess emissions of NOx or 

SO2 in any calendar year, then the owner or operator shall 

submit a proposed offset plan, as required under 40 CFR 

77. The owner or operator of an affected source that has 

excess emissions in any calendar year shall: 

A) Pay without demand the penalty required, and pay 

upon demand the interest on that penalty, as required 

by 40 CFR 77.6; and 

B) Comply with the terms of an approved offset plan, as 

required by 40 CFR 77.3. 

Within 60 days 

after the end of 

any calendar 

year where a 

unit has excess 

emissions of 

sulfur dioxide or 

nitrogen oxide 

MK1 & 

MK2 

40 CFR §72.9(e) 
Draft PSNH – Merrimack Station Page 81 

97 River Road, Bow, NH 

TV-0055 

Table 11 – Applicable Reporting Requirements 

Item 

No. 

Reporting Requirement Frequency of 

Reporting 

Applicable 

Emission 

Unit 

Regulatory 

Cite 

8. Offset Plans for Excess SO2 Emissions: The Permittee 

shall submit an offset plan no later than 60 days after the 

end of any calendar year during which a unit has excess 

SO2 emissions. The offset plan shall contain the 

information pursuant to 40 CFR 77.3. 

Within 60 days 

after the end of 

any calendar 

year where a 

unit has excess 

emissions of 

sulfur dioxide 

MK1 & 

MK2 

40 CFR §77.3 

9. Quarterly Audit Reports: Pursuant to Env-A 808.07 

(new), the Permittee shall submit to DES, a written

summary report of the results of all required audits that 

were performed in that quarter, in accordance with the 

following: 

A) For gaseous CEM audits, the report format shall 

conform to that presented in 40 CFR 60, Appendix F,

Procedure 1, Section 7; and 

B) For opacity CEM audits, the report format shall 

conform to that presented in EPA-600/8-87-025, 

April 1992, “Technical Assistance Document: 

Performance Audit Procedures for Opacity Monitors.”

Quarterly, no 

later than 30 

calendar days 

after the end of 

the quarter for 

which reporting 

is required 

MK1 & 

MK2 

Env-A 808.07 

(new) 

10. Net Thermal and Electrical Output Reporting: The 

facility shall report the net thermal and electrical output of 

each affected source for each month of the calendar year 

to DES. 

Annually (no 

later than April 

15th of the 

following year) 

MK1, MK2, 

MKCT1, & 

MKCT2 

Env-A 

2906.05(g) & 

Env-A 

3207.04(h) 

11. Coal Quarterly Reports: Quarterly reports shall be 

submitted to DES, which include the following 

information for each coal shipment. The data shall be 

summarized on a monthly basis. Submittal of the 

“Monthly Report of Cost and Quality of Fuel for Electric 

Plants”, will satisfy the requirements of this condition. 

A) The shipment date; 

B) The weight of coal received in tons; 

C) Identification of the mine from which the coal came

from; 

D) The ash content in weight percent of the coal; 

E) The sulfur lb/mmBtu content of coal or the weight 

percent of sulfur in the coal; and 

F) The gross heat content of the coal in Btu/lb. 

Within 30 days 

after each 

calendar quarter 

MK1 & 

MK2 

Env-A 910 & 

Temporary 

Permits 

FP-T-0054 & 

TP-B-0462 
Draft PSNH – Merrimack Station Page 82 

97 River Road, Bow, NH 

TV-0055 

Table 11 – Applicable Reporting Requirements 

Item 

No. 

Reporting Requirement Frequency of 

Reporting 

Applicable 

Emission 

Unit 

Regulatory 

Cite 

12. Performance Test Reports: The Permittee shall submit a 

report to DES documenting the results of the compliance 

stack emission test. The compliance stack emission test 

report shall contain the following information: 

A) All the information required for the pre-test protocol 

as described in Env-A 802.04; 

B) All test data; 

C) All calibration data; 

D) Process data agreed by DES and the Permittee to be 

collected; 

E) All test results; 

F) A description of any discrepancies or problems that

occurred during testing or sample analysis; 

G) An explanation of how discrepancies or problems 

were treated and their effect on the final results; and 

H) A list and description of all equations used in the test 

report, including sample calculations for each 

equation used. 

No later than 60 

days after a 

performance test 

Facility wide Env-A 802.11 

(new) 

13. Quarterly Fuel Usage Report: Monthly fuel usage 

information by device, fuel type, and sulfur content shall 

be submitted in writing to the DES. 

Within 30 days 

after the end of a 

calendar quarter 

Facility 

Wide 

Env-A 910 & 

Temporary 

Permits 

FP-T-0054 & 

TP-B-0462 

14. NOx Reporting Requirements: The Permittee shall 

submit reports of the NOx records kept pursuant to the 

Section VIII. I. Table 10. 

Annually (no 

later than April 

15th of the 

following year) 

MK1, MK2, 

MKCT1, 

MKCT2, 

MKEG, & 

MKEB 

Env-A 909.03 

(formerly Env-A 

901.09) 

15. State Acid Deposition Control Program Reporting 

Requirements: The Permittee shall submit an annual 

report of the fuel utilization information pursuant to EnvA 903.03 and Section VIII. I. Table 10. 

Annually (no 

later than April 

15th of the 

following year) 

MK1 & 

MK2 

Env-A 907.02 

State-Only 

Enforceable 

16. Ammonia Consumption of SCR Systems: Submit 

monthly ammonia consumption for each SCR System 

(MK1-PC3 and MK2-PC6) during the calendar year. 

Annually (no 

later than April 

15th of the 

following year) 

MK1-PC3 & 

MK2-PC6 

40 CFR 

70.6(a)(3)(iii) & 

Temporary 

Permits 

FP-T-0054 & 

TP-B-0462 

17. Regulated Toxic Air Pollutant Reports: The Permittee 

shall report actual emissions speciated by individual 

regulated toxic air pollutants, including a breakdown of 

VOC emission compounds. 

Annually (no 

later than April 

15th of the 

following year) 

All devices 

subject to 

RSA 125-I 

and Env1400 

Env-A 907.01 

(new) 

State-Only 

Enforceable 
Draft PSNH – Merrimack Station Page 83 

97 River Road, Bow, NH 

TV-0055 

Table 11 – Applicable Reporting Requirements 

Item 

No. 

Reporting Requirement Frequency of 

Reporting 

Applicable 

Emission 

Unit 

Regulatory 

Cite 

18. Semi-Annual Permit Deviation/Monitoring Reports: The 

Permittee shall submit a permit deviation/monitoring 

report of the data specified in Table 9 of this Permit every 

6 months. All required reports must be certified by a 

responsible official consistent with 40 CFR 70.5(d). The 

report shall contain a summary of the following 

information, unless this information was provided to DES 

pursuant to another requirement: 

A) Visible emission/opacity test results; 

B) Summary showing monthly average sulfur content of 

the liquid and solid fuels from testing and/or delivery 

ticket and/or other documentation certifications for 

liquid and solid fuel sulfur content; 

C) Results of any recent stack testing conducted at the 

facility; 

D) Fuel consumption for MK1 & MK2; 

E) Coal throughput for the coal crushers; 

F) Any fields out of service in any of the ESP’s during 

the reporting period, including the time the field 

stopped operating, the reason for the field being out 

of service, the time the field was returned to service, 

and any corrective action taken; and 

G) All instances of deviations from Permit requirements. 

Semiannually 

(by July 31st and 

January 31st of 

each calendar 

year) 

Facility wide 40 CFR 

70.6(a)(3)(iii)(A) 

19. ESP Reports:

A) Within 24 hours of discovery of more than 7 fields 

out of service on MK1-PC1 and MK1-PC2 combined, 

the owner or operator shall notify (e.g., via call or 

email, etc.) DES on the next business day of the 

number of fields out of service in any of the ESPs. 

B) Within 24 hours of discovery of more than 8 fields 

out of service on MK2-PC4 and MK2-PC5 combined, 

the owner or operator shall notify (e.g., via call or 

email, etc.) DES on the next business day of the 

number of fields out of service in any of the ESPs. 

Each occurrence MK1-PC1, 

MK1-PC2, 

MK2-PC4 & 

MK2-PC5 

40 CFR 70.6 

(a)(3)(iii)(B) 

20. Prompt Reporting of Permit Deviations: The Permittee 

shall promptly report deviations from permit requirements 

by phone, fax or e-mail in accordance with Section 

XXVIII of this permit and Env-A 911 (new). 

Within 24 hours 

of discovery of 

occurrence 

Facility wide Env-A 911 & 

40 CFR 70.6 

(a)(3)(iii)(B) 

21. Certification by the Designated Representative or the 

Alternate Designated Representative: Any document 

submitted under the Acid Rain program shall be signed 

and certified by the designated representative or the 

alternate designated representative and include the

statements pursuant to 40 CFR 72.21 (a)(1) and (2). 

With each 

submittal 

MK1 & 

MK2 

40 CFR §72.21 
Draft PSNH – Merrimack Station Page 84 

97 River Road, Bow, NH 

TV-0055 

Table 11 – Applicable Reporting Requirements 

Item 

No. 

Reporting Requirement Frequency of 

Reporting 

Applicable 

Emission 

Unit 

Regulatory 

Cite 

22. Certification by a Responsible Official: Any application 

form, report, or compliance certification submitted to the 

DES and/or EPA shall contain certification by a 

responsible official of truth, accuracy, and completeness 

as outlined in Section XXI.B of this permit. 

With each 

submittal 

Facility wide 40 CFR 70.5 (d) 

23. Emissions Reporting and Emissions Fees: The Permittee 

shall submit reports of actual emissions of all significant 

and insignificant activities and payment of emissionsbased fees in accordance with Env-A 700 and Section

XXIII of this permit. 

Quarterly 

payment on the 

15th day of the 

2

nd quarter after 

actual emissions 

occurred; 

Reporting of 

actual annual 

emissions done 

annually by 

April 15th the 

following year 

Facility wide Env-A 907.01 

(new) & Env-A 

705.03 & 705.04 

24. NOx Budget Program Annual Compliance Certification: 

For each control period (May 1 to September 30 of each 

year), the AAR for each budget source shall submit an 

annual compliance certification to DES containing the 

information specified in Env-A 3216.03. 

November 30th

each calendar 

year 

MK1, MK2, 

MKCT1, 

MKCT2 

Env-A 3216 

State-Only 

Enforceable 

25. Multi-pollutant Budget and Trading Program Annual 

Compliance Certification: The Permittee shall submit an 

annual compliance certification to DES for the prior year 

containing all of the information listed in Env-A 

2913.03(a) through (e). 

By January 30th

of each year, 

beginning in 

2007 

MK1 & 

MK2 

Env-A 2913.01, 

2913.02, & 

2913.03 

State-Only 

Enforceable 

26. Annual Title V Compliance Certification: The Permittee 

shall submit an annual compliance certification in 

accordance with Section XXI of this permit. 

Annually 

(no later than 

April 15th of the 

following year) 

Facility wide 40 CFR 

70.6(c)(1) 
Draft PSNH – Merrimack Station Page 85 

97 River Road, Bow, NH 

TV-0055 

Table 11 – Applicable Reporting Requirements 

Item 

No. 

Reporting Requirement Frequency of 

Reporting 

Applicable 

Emission 

Unit 

Regulatory 

Cite 

27. NSPS Subpart Dc Initial Notification Requirements for 

the Emergency Boiler: Each time the owner or operator 

brings in an Emergency Boiler to the PSNH Merrimack

Station, the owner or operator shall furnish the EPA and 

DES written notification of the date of construction or 

reconstruction, anticipated startup, and actual startup, as 

provided by 40 CFR 60, Subpart A, Section 60.7. This 

notification shall include: 

A) The design heat input capacity of the boiler and 

identification of fuels to be combusted in the boiler; 

B) If applicable, a copy of any federally enforceable 

requirement that limits the annual capacity factor for 

the boiler (e.g., a copy of this permit); and 

C) The annual capacity factor at which the facility 

anticipates operating the boiler based on all fuels

combined and each individual fuel. 

Notification of the date of construction/installation of the 

boiler is commenced is due no later than 30 days after 

such date. 

Notification of the anticipated initial startup of the boiler, 

must be postmarked not more than 60 days nor less than 

30 days prior to the initial startup date. 

Notification of the actual date of initial startup of the 

boiler is commenced must be postmarked within 15 days 

after the initial startup date. 

As stated for 

each installation 

of an Emergency 

Boiler 

MKEB 40 CFR 60 

Subpart Dc 

§60.48c(a) 

28. NSPS Subpart Dc Performance Test Report for the

Emergency Boiler: Each time the owner or operator 

brings in an Emergency Boiler for operation, the owner or 

operator shall submit to EPA and DES results of the

performance test for opacity and the fuel supplier 

certification for the first load of No. 2 fuel oil or on-road 

low sulfur diesel oil for consumption in the Emergency 

Boiler. 

Within 60 days 

of completion of 

testing 

MKEB 40 CFR 60 

Subpart Dc 

§60.48c(b) 
Draft PSNH – Merrimack Station Page 86 

97 River Road, Bow, NH 

TV-0055 

Table 11 – Applicable Reporting Requirements 

Item 

No. 

Reporting Requirement Frequency of 

Reporting 

Applicable 

Emission 

Unit 

Regulatory 

Cite 

29. NSPS Subpart Dc Semi-annual Fuel Report for the

Emergency Boiler: In accordance with 40 CFR 60 

Subpart Dc Sections 60.48c(d) and (j), the owner or

operator is required to submit semi-annual reports to EPA 

and DES, postmarked within 30 days following the end of 

the reporting period. Semi-annual reports shall include: 

A) Calendar dates covered in the reporting period; 

B) Each 30-day average sulfur content (weight percent)

of No. 2 fuel oil or on-road low sulfur diesel oil fired 

during the reporting period, reasons for any noncompliance the fuel sulfur content limits, and 

corrective actions taken; and 

C) If fuel supplier certification is used to demonstrate 

compliance, records of fuel supplier certification as 

described under Section 60.48c(f)(1), as applicable. 

D) In addition to records of fuel supplier certifications, 

the report shall include a certified statement signed by 

the owner or operator of the boiler that the records of 

fuel supplier certification submitted represent all of 

the fuel combusted during the reporting period. 

Semi-annually, 

within 30 days 

following the 

end of the 

reporting period 

to DES and EPA 

MKEB 40 CFR 60 

Subpart Dc 

§60.48c(d), (e), 

& (j) 

30. RSA 125-O Mercury Emissions Reporting Requirement

The owner shall report by June 30, 2007, and annually 

thereafter, to the legislative oversight committee on 

electric utility restructuring, established under RSA 374-

F:5, and the chairpersons of the House science, 

technology, and energy committee, and the Senate energy 

and economic development committee, on the progress

and status of complying with the requirements of RSA 

125-O:13,I. and III., relative to achieving early reductions 

in mercury emissions and also installing and operating the 

scrubber technology, including any updated cost 

information. The last report required shall be after the 

Department has made a determination, under RSA 125-

O:13,V., on the maximum sustainable rate of mercury

emissions reductions by the scrubber technology. 

By June 30, 

2007, and 

annually 

thereafter 

MK1 & 

MK2 

RSA 125-

O:13,IX. 

(State-Only 

Enforceable) 

31. CO2 Budget Trading Program Reports

The CO2 AAR shall submit quarterly reports as follows: 

A) The CO2 AAR shall report the CO2 mass emissions data 

for the CO2 budget unit, in an electronic format prescribed 

by the Administrator unless otherwise prescribed by the 

regional organization, for each calendar quarter beginning 

with the calendar quarter covering January 1, 2009 through 

March 31, 2009; 

B) The CO2 AAR shall submit each quarterly report to the 

regional organization within 30 days following the end of 

the calendar quarter covered by the report, in the manner 

specified in Subpart H of 40 CFR 75 and 40 CFR 75.64; 

Quarterly (no later 

than 30 days 

following the end 

of each quarterly 

reporting period) 

MK1 & MK2 Env-A 4609.16(c)
Draft PSNH – Merrimack Station Page 87 

97 River Road, Bow, NH 

TV-0055 

Table 11 – Applicable Reporting Requirements 

Item 

No. 

Reporting Requirement Frequency of 

Reporting 

Applicable 

Emission 

Unit 

Regulatory 

Cite 

C) Quarterly reports shall be submitted for each CO2 budget 

unit which include all of the data and information required 

in Subpart G of 40 CFR 75, except for opacity, NOx, and 

SO2 provisions; and 

D) The CO2 AAR shall include a compliance certification 

with, and 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 both 

40 CFR 75 and Env-A 4600, including the quality 

assurance procedures and specifications; and 

2) The CO2 concentration values substituted for missing 

data under Subpart D of 40 CFR 75 do not 

systematically underestimate CO2 emissions.

32. Each submission under the CO2 budget trading program shall be 

submitted, signed, and certified by the CO2 AAR for each CO2

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

such submission shall include the certification statement by the 

CO2 AAR as specified in Env-A 4604.01(e). 

N/A MK1 & MK2 Env-A 4604.01(e)

33. Compliance Certification Report

A) For each control period in which a CO2 budget source is 

subject to the requirements of Env-A 4605, the CO2 AAR 

of the source shall submit to the Department by March 1 

following the relevant control period, a compliance

certification report. 

B) The CO2 AAR shall include in the compliance certification 

report under (a), above, the following elements, in a format 

prescribed by the Department: 

1) Identification of the source and each CO2 budget unit 

at the source; 

2) At the CO2 AAR’s option, the serial numbers of the 

CO2 allowances that are to be deducted from the 

source’s compliance account under Env-A 4605.06 for

the control period, including the serial numbers of any 

CO2 offset allowances that are to be deducted subject 

to the limitations of Env-A 4605.04; and 

3) The compliance certification specified in (c), below. 

C) In the compliance certification report required by A), 

above, the CO2 AAR shall certify, based on reasonable 

inquiry of those individuals with primary responsibility for 

operating the source and the CO2 budget units at the source 

in compliance with the CO2 Budget Trading Program, 

whether the source and each CO2 budget unit at the source 

for which the compliance certification is submitted was 

operated during the calendar years covered by the report in 

compliance with the requirements of the CO2 Budget 

Trading Program, including: 

March 1 following 

the relevant 

control period

MK1 & MK2 Env-A 4605.09
Draft PSNH – Merrimack Station Page 88 

97 River Road, Bow, NH 

TV-0055 

Table 11 – Applicable Reporting Requirements 

Item 

No. 

Reporting Requirement Frequency of 

Reporting 

Applicable 

Emission 

Unit 

Regulatory 

Cite 

1) Whether the source was operated in compliance with 

the requirements of Env-A 4605; 

2) Whether the monitoring plan applicable to each unit at 

the source has been maintained to reflect the actual 

operation and monitoring of the unit, and contains all 

information necessary to attribute CO2 emissions to 

the unit, in accordance with Env-A 4609; 

3) Whether all CO2 emissions from the units at the 

source were monitored or accounted for through the 

missing data procedures specified in 40 CFR 75 

Subpart D, or 40 CFR 75 appendix D or appendix E 

and reported in the quarterly monitoring reports, 

including whether conditional data were reported in

the quarterly reports in accordance with Env-A 4609. 

If conditional data were reported, the Owner or 

Operator shall indicate whether the status of all 

conditional data has been resolved and all necessary 

quarterly report resubmissions have been made; 

4) Whether the facts that form the basis for certification 

under Env-A 4609 of each monitor at each unit at the 

source, or for using an excepted monitoring method or 

alternative monitoring method approved under Env-A 

4609, if any, have changed; and 

5) If a change is required to be reported under (c)(iv), 

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

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

compliance status was determined subsequent to the 

change, including what method was used to determine

emissions when a change mandated the need for 

monitor recertification.

34. Representative Actual Annual Emissions Reporting 

Requirements:

PSNH shall submit to DES annually, SO2, NOx, CO, PM, and 

VOC emissions in tons/month and consecutive 12-month 

period for MK1 and MK2. 

Annually (no later 

than April 15th the 

following year) 

MK1 & MK2 40 CFR 

52.21(b)(21) and 

(33), dated July 1, 

2002 and Env-A 

910 (new)

IX. Requirements Currently Not Applicable

The Permittee did not identify any requirements that are not applicable to the facility. 
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General Title V Operating Permit Conditions 

X. Issuance of a Title V Operating Permit

A. This Permit is issued in accordance with the provisions of Part Env-A 609. In accordance with 

40 CFR 70.6(a)(2), this Permit shall expire on the date specified on the cover page of this Permit, 

which shall not be later than the date five (5) years after issuance of this Permit. 

B. Permit expiration terminates the Permittee's right to operate the Permittee's emission units, 

control equipment or associated equipment covered by this permit, unless a timely and complete 

renewal application is received by the Department at least 6 months before the expiration date. 

XI. Title V Operating Permit Renewal Procedures

Pursuant to Env-A 609.07(b), an application for renewal of this Permit shall be considered timely if 

it is received by the Department at least six months prior to the designated expiration date of the 

current Title V operating permit. 

XII. Application Shield

Pursuant to Env-A 609.08, if an applicant submits a timely and complete application for the issuance 

or renewal of a Permit, the failure to have a Permit shall not be considered a violation of this part 

until the Director takes final action on the application. 

XIII. Permit Shield

A. Pursuant to Env-A 609.09(a), a permit shield shall provide that: 

1. For any applicable requirement or any state requirement found in the New Hampshire Rules 

Governing the Control of Air Pollution specifically included in this Permit, compliance with 

the conditions of this Permit shall be deemed compliance with said applicable requirement or 

said state requirement as of the date of permit issuance; and 

2. For any potential applicable requirement or any potential state requirement found in the New 

Hampshire Rules Governing the Control of Air Pollution specifically identified in this Title 

V Operating Permit Section IX as not applicable to the stationary source or area source, the 

Permittee need not comply with the specifically identified federal or state requirements. 

B. The permit shield identified in Section XIII.A. of this Permit shall apply only to those conditions 

incorporated into this Permit in accordance with the provisions of Env-A 609.09(b). It shall not 

apply to certain conditions as specified in Env-A 609.09(c) that may be incorporated into this 

Permit following permit issuance by DES. 
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C. If a Title V Operating Permit and amendments thereto issued by the DES does not expressly 

include or exclude an applicable requirement or a state requirement found in the NH Rules 

Governing the Control of Air Pollution, that applicable requirement or state requirement shall not 

be covered by the permit shield and the Permittee shall comply with the provisions of said 

requirement to the extent that it applies to the Permittee. 

D. If the DES determines that this Title V Operating Permit was issued based upon inaccurate or 

incomplete information provided by the applicant or Permittee, any permit shield provisions in 

said Title V Operating Permit shall be void as to the portions of said Title V Operating Permit 

which are affected, directly or indirectly, by the inaccurate or incomplete information. 

E. Pursuant to Env-A 609.09(f), nothing contained in Section XIII of this Permit shall alter or affect 

the ability of the DES to reopen this Permit for cause in accordance with Env-A 609.19 or to 

exercise its summary abatement authority. 

F. Pursuant to Env-A 609.09(g), nothing contained in this section or in any title V operating permit 

issued by the DES shall alter or affect the following: 

1. The ability of the DES to order abatement requiring immediate compliance with applicable 

requirements upon finding that there is an imminent and substantial endangerment to public 

health, welfare, or the environment; 

2. The state of New Hampshire's ability to bring an enforcement action pursuant to RSA 125-

C:15,II; 

3. The provisions of section 303 of the CAA regarding emergency orders including the authority 

of the EPA Administrator under that section; 

4. The liability of an owner or operator of a source for any violation of applicable requirements 

prior to or at the time of permit issuance; 

5. The applicable requirements of the acid rain program, consistent with section 408(a) of the 

CAA; 

6. The ability of the DES or the EPA Administrator to obtain information about a stationary 

source, area source, or device from the owner or operator pursuant to section 114 of the 

CAA; or 

7. The ability of the DES or the EPA Administrator to enter, inspect, and/or monitor a stationary 

source, area source, or device. 

XIV. Reopening for Cause
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The Director shall reopen and revise a Title V Operating Permit for cause if any of the circumstances 

contained in Env-A 609.19(a) exist. In all proceedings to reopen and reissue a Title V Operating 

Permit, the Director shall follow the provisions specified in Env-A 609.19(b) through (g). 

XV. Administrative Permit Amendments

A. Pursuant to Env-A 612.01, the Permittee may implement the changes addressed in the request for 

an administrative permit amendment as defined in Part Env-A 100 immediately upon submittal 

of the request. 

B. Pursuant to Env-A 612.01, the Director shall take final action on a request for an administrative 

permit amendment in accordance with the provisions of Env-A 612.01(b) and (c). 

XVI. Operational Flexibility

A. Pursuant to Env-A 612.02, the Permittee subject to and operating under this Title V Operating 

Permit may make changes involving trading of emissions, off-permit changes, and section 

502(b)(10) changes at the permitted stationary source or area source without filing a Title V 

Operating Permit application for and obtaining an amended Title V Operating Permit, provided 

that all of the following conditions are met, as well as conditions specified in Section XVI. B 

through E of this permit, as applicable. DES has included permit terms authorizing the generation 

of DERs. 

1. The change is not a modification under any provision of Title I of the CAA; 

2. The change does not cause emissions to exceed the emissions allowable under the Title V 

operating permit, whether expressed therein as a rate of emissions or in terms of total 

emissions; 

3. The owner or operator has obtained any temporary permit required by Env-A 600; 

4. The owner or operator has provided written notification to the director and administrator of 

the proposed change and such written notification includes: 

a) The date on which each proposed change will occur or has occurred; 

b) A description of each such change; 

c) Any change in emissions that will result; 

d) A request that the operational flexibility procedures be used; and 

e) The signature of the responsible official, consistent with Env-A 605.04(b); 
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5. The change does not exceed any emissions limitations established under any of the 

following: 

a) The New Hampshire Code of Administrative Rules, Env-A 100-4300; 

b) The CAA; or 

c) This Title V Operating Permit; and 

6. The Permittee, DES, and EPA have attached each written notice required above to their copy 

of this Title V Operating Permit. 

B. For changes involving the trading of emissions, the Permittee must also meet the following 

conditions: 

1. The Title V Operating Permit issued to the stationary source or area source already contains 

terms and conditions including all terms and conditions which determine compliance 

required under 40 CFR 70.6(a) and (c) and which allow for the trading of emissions 

increases and decreases at the permitted stationary source or area source solely for the 

purpose of complying with a federally-enforceable emissions cap that is established in the 

permit independent of otherwise applicable requirements; 

2. The owner or operator has included in the application for the Title V Operating Permit 

proposed replicable procedures and proposed permit terms which ensure that the emissions 

trades are quantifiable and federally enforceable for changes to the Title V Operating Permit 

which qualify under a federally- enforceable emissions cap that is established in the Title V 

Operating Permit independent of the otherwise applicable requirements; 

3. The Director has not included in the emissions trading provision any devices for which 

emissions are not quantifiable or for which there are no replicable procedures to enforce 

emissions trades; and 

4. The written notification required above is made at least 7 days prior to the proposed change 

and includes a statement as to how any change in emissions will comply with the terms and 

conditions of the Title V Operating Permit. 

C. For off-permit changes, the Permittee must also meet the following conditions: 

1. Each off-permit change meets all applicable requirements and does not violate any existing 

permit term or condition; 
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2. The written notification required above is made contemporaneously with each off-permit 

change, except for changes that qualify as insignificant under the provisions of Env-A 

609.04; 

3. The change is not subject to any requirements under Title IV of the CAA and the change is 

not a Title I modification; 

4. The Permittee keeps a record describing the changes made at the source which result in 

emissions of a regulated air pollutant subject to an applicable requirement, but not otherwise 

regulated under this Permit, and the emissions resulting from those changes; and 

5. The written notification required above includes a list of the pollutants emitted and any 

applicable requirement that would apply as a result of the change. 

D. For section 502(b)(10) changes, the Permittee must also meet the following conditions: 

1. The written notification required above is made at least 7 days prior to the proposed change; 

and 

2. The written notification required above includes any permit term or condition that is no 

longer applicable as a result of the change. 

E. Pursuant to Env-A 612.02(f), the off-permit change and section 502(b)(10) change shall not 

qualify for the permit shield under Env-A 609.09. 

XVII. Minor Permit Amendments

A. Pursuant to Env-A 612.05 prior to implementing a minor permit modification, the Permittee shall 

submit a written request to the Director in accordance with the requirements of Env-A 612.05(b). 

B. The Director shall take final action on the minor permit amendment request in accordance with 

the provisions of Env-A 612.05(c) through (g). 

C. Pursuant to Env-A 612.05(h), the permit shield specified in Env-A 609.09 shall not apply to 

minor permit amendments under Section XVII. of this Permit. 

D. Pursuant to Env-A 612.05(a), the Permittee shall be subject to the provisions of RSA 125-C:15 if 

the change is made prior to the filing with the Director a request for a minor permit amendment. 

XVIII. Significant Permit Amendments

A. Pursuant to Env-A 612.06, a change at the facility shall qualify as a significant permit 

amendment if it meets the criteria specified in Env-A 612.06(a)(1) through (5). 
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B. Prior to implementing the significant permit amendment, the Permittee shall submit a written 

request to the Director which includes all the information as referenced in Env-A 612.06(b) and 

(c) and shall be issued an amended Title V Operating Permit from the DES. The Permittee shall 

be subject to the provisions of RSA 125-C:15 if a request for a significant permit amendment is 

not filed with the Director and/or the change is made prior to the issuance of an amended Title V 

Operating Permit. 

C. The Director shall take final action on the significant permit amendment in accordance with the 

Procedures specified in Env-A 612.06(d), (e) and (f). 

XIX. Title V Operating Permit Suspension, Revocation or Nullification

A. Pursuant to RSA 125-C:13, the Director may suspend or revoke any final permit issued 

hereunder if, following a hearing, the Director determines that: 

1. The Permittee has committed a violation of any applicable statute or state requirement found 

in the New Hampshire Rules Governing the Control of Air Pollution, order or permit 

condition in force and applicable to it; or 

2. The emissions from any device to which this Permit applies, alone or in conjunction with 

other sources of the same pollutants, presents an immediate danger to the public health. 

B. The Director shall nullify any Permit, if following a hearing in accordance with RSA 541-A:30, 

II, a finding is made that the Permit was issued in whole or in part based upon any information 

proven to be intentionally false or misleading. 

XX. Inspection and Entry

EPA and DES personnel shall be granted access to the facility covered by this Permit, in accordance 

with RSA 125-C:6,VII, for the purposes of: inspecting the proposed or permitted site; investigating a 

complaint; and assuring compliance with any applicable requirement or state requirement found in 

the NH Rules Governing the Control of Air Pollution and/or conditions of any Permit issued 

pursuant to Chapter Env-A 600. 

XXI. Certifications

A. Compliance Certification Report 

In accordance with 40 CFR 70.6(c) the Responsible Official shall certify, for the previous 

calendar year, that the facility is in compliance with the requirements of this permit. The report 

shall be submitted annually, no later than April 15th of the following year. The report shall be 

submitted to the DES and to the U.S. Environmental Protection Agency - New England Region.

The report shall be submitted in compliance with the submission requirements below. 
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 In accordance with 40 CFR 70.6(c)(5), the report shall describe: 

1. The terms and conditions of the Permit that are the basis of the certification; 

2. The current compliance status of the source with respect to the terms and conditions of this 

Permit, and whether compliance was continuous or intermittent during the reporting period; 

3. The methods used for determining compliance, including a description of the monitoring, 

record keeping, and reporting requirements and test methods; and 

4. Any additional information required by the DES to determine the compliance status of the 

source. 

B. Certification of Accuracy Statement

All documents submitted to the DES shall contain a certification of accuracy statement by the 

responsible official of truth, accuracy, and completeness. Such certification shall be in 

accordance with the requirements of 40 CFR 70.5(d) and contain the following language: 

"I am authorized to make this submission on behalf of the facility for 

which the submission is made. Based on information and belief formed 

after reasonable inquiry, I certify that the statements and information in the 

enclosed documents 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." 

All reports submitted to DES (except those submitted as emission based fees as outlined in 

Section XXIII of this Permit) shall be submitted to the following address: 

New Hampshire Department of Environmental Services 

Air Resources Division 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

ATTN: Section Supervisor, Compliance Bureau 

All reports submitted to EPA shall be submitted to the following address: 

Office of Environmental Stewardship 

Director Air Compliance Program 
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United States Environmental Protection Agency 

1 Congress Street 

Suite 1100 (SEA) 

Boston, MA 02114-2023 

ATTN: Air Compliance Clerk 

XXII. Enforcement

Any noncompliance with a permit condition constitutes a violation of RSA 125-C:15, and, as to the 

conditions in this permit which are federally enforceable, a violation of the Clean Air Act, 42 U.S.C.

Section 7401 et seq., and is grounds for enforcement action, for permit termination or revocation, or 

for denial of an operating permit renewal application by the DES and/or EPA. Noncompliance may 

also be grounds for assessment of administrative, civil or criminal penalties in accordance with RSA 

125-C:15 and/or the Clean Air Act. This Permit does not relieve the Permittee from the obligation to 

comply with any other provisions of RSA 125-C, the New Hampshire Rules Governing the Control 

of Air Pollution, or the Clean Air Act, or to obtain any other necessary authorizations from other 

governmental agencies, or to comply with all other applicable Federal, State, or Local rules and 

regulations, not addressed in this Permit. 

In accordance with 40 CFR 70.6 (a)(6)(ii) a Permittee shall not claim as a defense in an enforcement 

action that it would have been necessary to halt or reduce the permitted activity in order to maintain

compliance with the conditions of this Permit.

XXIII. Emission-Based Fee Requirements

A. The Permittee shall pay an emission-based fee quarterly for this facility as calculated each 

calendar year pursuant to Env-A 705.03. 

B. The Permittee shall determine the total actual annual emissions from the facility to be included in 

the emission-based multiplier specified in Env-A 705.03(a) for each calendar year in accordance 

with the methods specified in Env-A 616. 

C. The Permittee shall calculate the annual emission-based fee for each calendar year in accordance 

with the procedures specified in Env-A 705.03 and the following equation:

Where: 

FEE = The annual emission-based fee for each calendar year as specified in Env-A 705. 

E = The emission-based multiplier is based on the calculation of total annual 

emissions as specified in Env-A 705.02 and the provisions specified in Env-A 

705.03(a). 

DPT = The dollar per ton fee the DES has specified in Env-A 705.03(b). 

CPIm= The Consumer Price Index Multiplier as calculated in Env-A 705.03(c). 

FEE * E = DPT * CPIm* ISF
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ISF = The Inventory Stabilization Factor as specified in Env-A 705.03(d). 

D. The Permittee shall contact the DES each calendar year for the value of the Inventory 

Stabilization Factor. 

E. The Permittee shall contact the DES each calendar year for the value of the Consumer Price 

Index Multiplier. 

F. The Permittee shall submit, to the DES, payment of the emission-based fee and a summary of the 

calculations referenced in Sections XXIII.B. and C. of this Permit for each calendar year. The 

total emission-based fee shall be paid in four equal installments on a quarterly basis. The 

quarterly payments shall be made in accordance with Env-A 705.04 on the 15th day of the 

following months: 

1. July of the year to which the fee applies (e.g., January, February, March 2009 emissionbased fees are due July 15, 2009); 

2. October of the year to which the fee applies (e.g., April, May, June 2009 emission-based 

fees are due on October 15, 2009). 

3. January of the following year (e.g., July, August, September 2009 emission-based fees are 

due on January 15, 2010); 

4. April of the following year (e.g., October, November, December 2009 emission-based fees 

are due on April 15, 2010). 

The Permittee shall pay any remaining balance of the total annual emission-based fee no later 

than April 15th of the following year. 

The emission-based fee and summary of the calculations shall be submitted to the following 

address: 

New Hampshire Department of Environmental Services 

Air Resources Division 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

ATTN.: Emissions Inventory 

G. The DES shall notify the Permittee of any under payments or over payments of the annual 

emission-based fee in accordance with Env-A 705.05.

XXIV. Duty To Provide Information

In accordance with 40 CFR 70.6 (a)(6)(v), upon the DES's written request, the Permittee shall 

furnish, within a reasonable time, any information necessary for determining whether cause exists for 

modifying, revoking and reissuing, or terminating the Permit, or to determine compliance with the 
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Permit. Upon request, the Permittee shall furnish to the DES copies of records that the Permittee is 

required to retain by this Permit. The Permittee may make a claim of confidentiality as to any 

information submitted pursuant to this condition in accordance with Part Env-A 103 at the time such 

information is submitted to DES. DES shall evaluate such requests in accordance with the 

provisions of Part Env-A 103. 

XXV. Property Rights

Pursuant to 40 CFR 70.6 (a)(6)(iv), this Permit does not convey any property rights of any sort, or 

any exclusive privilege. 

XXVI. Severability Clause

Pursuant to 40 CFR 70.6 (a)(5), the provisions of this Permit are severable, and if any provision of 

this Permit, or the application of any provision of this Permit to any circumstances is held invalid, 

the application of such provision to other circumstances, and the remainder of this Permit, shall not 

be affected thereby. 

XXVII. Emergency Conditions

Pursuant to 40 CFR 70.6 (g), the Permittee shall be shielded from enforcement action brought for 

noncompliance with technology based33 emission limitations specified in this Permit as a result of an 

emergency

34. In order to use emergency as an affirmative defense to an action brought for 

noncompliance, the Permittee shall demonstrate the affirmative defense through properly signed, 

contemporaneous operating logs, or other relevant evidence that: 

A. An emergency occurred and that the Permittee can identify the cause(s) of the emergency; 

B. The permitted facility was at the time being properly operated; 

C. During the period of the emergency, the Permittee took all reasonable steps as expeditiously as 

possible, to minimize levels of emissions that exceeded the emissions standards, or other 

requirements in this Permit; and 

 

 

33

 Technology based emission limits are those established on the basis of emission reductions achievable with 

various control measures or process changes (e.g., a new source performance standard) rather than those established 

to attain health based air quality standards. 

 

34

 An "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the 

control of the source, including acts of God, which situation would require immediate corrective action to restore 

normal operation, and that causes the source to exceed a technology based limitation under the permit, due to 

unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to 

the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper 

operations, operator error or decision to keep operating despite knowledge of any of these things.
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D. The Permittee submitted notice of the emergency to the DES within two (2) business days of the 

time when emission limitations were exceeded due to the emergency. This notice must contain a 

description of the emergency, any steps taken to mitigate emission, and corrective actions taken. 

XXVIII. Permit Deviation 

In accordance with 40 CFR 70.6(a)(3)(iii)(B), the Permittee shall report to the DES all instances of 

deviations from Permit requirements, by telephone, fax, or e-mail (pdeviations@des.state.nh.us) 

within 24 hours of discovery of such deviation. This report shall include the deviation itself, 

including those attributable to upset conditions as defined in this Permit, the probable cause of such

deviations, and any corrective actions or preventative measures taken. 

Within 10 days of discovery of the permit deviation, the Permittee shall submit a written report 

including the above information as well as the following: preventive measures taken to prevent 

future occurrences; date and time the permitted device returned to normal operation; specific device, 

process or air pollution control equipment that contributed to the permit deviation; type and quantity

of excess emissions emitted to the atmosphere due to permit deviation; and an explanation of the 

calculation or estimation used to quantify excess emissions. 

Said Permit deviation shall also be submitted in writing to the DES in the semi-annual summary 

report of monitoring and testing requirements due July 31st and January 31st of each calendar year. 

Deviations are instances where any Permit condition is violated and has not already been reported as 

an emergency pursuant to Section XXVII of this Permit. 

Reporting a Permit deviation is not an affirmative defense for action brought for noncompliance. 

Federal Acid Rain Requirements 

XXIX. Phase II Acid Rain Permit Application

The attached Phase II Acid Rain Permit application, dated May 15, 2009, is hereby incorporated by 

reference into this permit. The Permittee shall comply with the requirements set forth in the Phase II 

Acid Rain Permit Application and this permit. 

XXX. General Acid Rain Provisions

The Permittee shall comply with the applicable provisions of 40 CFR 72, Permit Regulations; 40 

CFR 73, Sulfur Dioxide Allowance System; 40 CFR 75, Continuous Emission Monitoring; 40 CFR 

76, Acid Rain Nitrogen Oxides Emission Reduction Program; and 40 CFR 77, Excess Emissions. 

H:\Permitting\Source Files\PSNH\Merrimack\FY96 TV-OP-055\tvdraft5_29_09.doc