Facility DEC ID: 2640300014

 DEC Permit Conditions

 Renewal 1/Mod 3/FINAL Page 1

 PERMIT

 Under the Environmental Conservation Law (ECL)

 IDENTIFICATION INFORMATION

Permit Type: Air Title V Facility

Permit ID: 2-6403-00014/00031

 Mod 0 Effective Date: 01/31/2008 Expiration Date: 01/30/2013

 Mod 1 Effective Date: 02/01/2010 Expiration Date: 01/30/2013

 Mod 2 Effective Date: 06/15/2010 Expiration Date: 01/30/2013

 Mod 3 Effective Date: 03/20/2012 Expiration Date: 01/30/2013

Permit Issued To:ARTHUR KILL POWER LLC

 4401 VICTORY BLVD

 STATEN ISLAND, NY 10314

Contact: CHRIS COLUCCI

 NRG ARTHUR KILL GENERATING INC

 4401 VICTORY BLVD

 STATEN ISLAND, NY 10314

 (718) 390-2775

Facility: ARTHUR KILL GENERATING STATION

 4401 VICTORY BLVD

 STATEN ISLAND, NY 10314

Contact: ALLAN FILIPPI

 NRG ARTHUR KILL GENERATION INC

 4401 VICTORY BLVD

 STATEN ISLAND, NY 10314

 (718) 390-2734

Description:

This modification requires the facility to demonstrate compliance with the

emission limits and the monitoring requirements of EPA's new regulation for

BART (Best Avalable Retrofit Technology).
 

Facility DEC ID: 2640300014

 DEC Permit Conditions

 Renewal 1/Mod 3/FINAL Page 2

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

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

Special Conditions included as part of this permit.

Permit Administrator: JOHN F CRYAN

 NYSDEC

 47-40 21ST ST

 LONG ISLAND CITY, NY 11101-5407

Authorized Signature: _________________________________ Date: ___ / ___ / _____
 

Facility DEC ID: 2640300014

 DEC Permit Conditions

 Renewal 1/Mod 3/FINAL Page 3

 Notification of Other State Permittee Obligations

Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification

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

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

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

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

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

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

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

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

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

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

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

 provision under federal or state laws.

Item B: Permittee's Contractors to Comply with Permit

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

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

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

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

 violations of the Environmental Conservation Law as those prescribed for the

 permittee.

Item C: Permittee Responsible for Obtaining Other Required Permits

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

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

 are authorized by this permit.

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

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

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

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

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

Facility DEC ID: 2640300014

 DEC Permit Conditions

 Renewal 1/Mod 3/FINAL Page 4

 LIST OF CONDITIONS

 

 DEC GENERAL CONDITIONS

 General Provisions

 Facility Inspection by the Department

 Relationship of this Permit to Other Department Orders and

 Determinations

 Applications for permit renewals, modifications and transfers

 Permit modifications, suspensions or revocations by the Department

 Permit modifications, suspensions or revocations by the Department

 Permit modifications, suspensions or revocations by the Department

 Facility Level

 Submission of application for permit modification or renewal -

 REGION 2 HEADQUARTERS
 

Facility DEC ID: 2640300014

 DEC Permit Conditions

 Renewal 1/Mod 3/FINAL Page 5

 DEC GENERAL CONDITIONS

 **** General Provisions  

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

 state-only enforceable terms and conditions.

 GENERAL CONDITIONS - Apply to ALL Authorized Permits.

Condition 1: Facility Inspection by the Department

 Applicable State Requirement: ECL 19-0305

Item 1.1:

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

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

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

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

SAPA 401(3).

Item 1.2:

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

inspection to the permit area when requested by the Department.

Item 1.3:

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

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

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

permit.

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

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

Item 2.1:

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

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

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

Condition 3: Applications for permit renewals, modifications and transfers

 Applicable State Requirement: 6 NYCRR 621.11

Item 3.1:

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

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

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

Department must be in writing.

Item 3.2:

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

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

Permits. 

Item 3.3:

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

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

submitted prior to actual transfer of ownership.
 

Facility DEC ID: 2640300014

 DEC Permit Conditions

 Renewal 1/Mod 3/FINAL Page 6

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

Department

 Applicable State Requirement: 6 NYCRR 621.13

Item 1-1.1:

The Department reserves the right to modify, suspend, or revoke this permit in accordance with

6NYCRR Part 621. The grounds for modification, suspension or revocation include:

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

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

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

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

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

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

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

the permitted activity.

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

 Applicable State Requirement: 6 NYCRR 621.13

Item 4.1:

The Department reserves the right to modify, suspend, or revoke this permit in accordance with

6NYCRR Part 621. The grounds for modification, suspension or revocation include:

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

papers;

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

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

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

conditions, relevant technology or applicable law or regulations since the issuance of the

existing permit;

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

commissioner, any provisions of the Environmental Conservation Law or regulations of

the Department related to the permitted activity.

Condition 3-1: Permit modifications, suspensions or revocations by the

Department

 Applicable State Requirement: 6 NYCRR 621.13

Item 3-1.1:

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

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

suspension or revocation include:

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

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

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

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

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

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

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

the permitted activity.
 

Facility DEC ID: 2640300014

 DEC Permit Conditions

 Renewal 1/Mod 3/FINAL Page 7

 ** ** Facility Level  

Condition 5: Submission of application for permit modification or renewal - REGION 2 

 HEADQUARTERS

 Applicable State Requirement: 6 NYCRR 621.6 (a)

Item 5.1:

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

 NYSDEC Regional Permit Administrator 

 Region 2 Headquarters

 Division of Environmental Permits

 1 Hunters Point Plaza, 4740 21st Street

 Long Island City, NY 11101-5407 

 (718) 482-4997 
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 1 FINAL

 Permit Under the Environmental Conservation Law (ECL)

 ARTICLE 19: AIR POLLUTION CONTROL - TITLE V PERMIT

 IDENTIFICATION INFORMATION

Permit Issued To:ARTHUR KILL POWER LLC

 4401 VICTORY BLVD

 STATEN ISLAND, NY 10314

Facility: ARTHUR KILL GENERATING STATION

 4401 VICTORY BLVD

 STATEN ISLAND, NY 10314

Authorized Activity By Standard Industrial Classification Code:

 4911 - ELECTRIC SERVICES

Mod 0 Permit Effective Date: 01/31/2008 Permit Expiration Date: 01/30/2013

Mod 1 Permit Effective Date: 02/01/2010 Permit Expiration Date: 01/30/2013

Mod 2 Permit Effective Date: 06/15/2010 Permit Expiration Date: 01/30/2013

Mod 3 Permit Effective Date: 03/20/2012 Permit Expiration Date: 01/30/2013
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 2 FINAL

 LIST OF CONDITIONS

 

 FEDERALLY ENFORCEABLE CONDITIONS

 Facility Level

 1 6 NYCRR 200.6: Acceptable Ambient Air Quality

 3-1 6 NYCRR 201-6.5 (a) (7): Fees

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

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

 monitoring

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

 Reporting Requirements.

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

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

 7 6 NYCRR 202-2.1: Compliance Certification

 8 6 NYCRR 202-2.5: Recordkeeping requirements

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

 Sites

 2-1 6 NYCRR 215.2: Open Fires - Prohibitions

 10 6 NYCRR 200.7: Maintenance of Equipment

 11 6 NYCRR 201-1.7: Recycling and Salvage

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

 Contaminants to the air

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

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

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

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

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

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

 2-2 6 NYCRR 202-1.1: Required Emissions Tests

 19 6 NYCRR 202-1.1: Required Emissions Tests

 20 6 NYCRR 211.3: Visible Emissions Limited

 21 40 CFR Part 68: Accidental release provisions.

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

 23 6 NYCRR Subpart 201-6: Emission Unit Definition

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

 3-2 6 NYCRR 202-1.2: Notification

 3-3 6 NYCRR 202-1.3: Acceptable procedures - Stack test report submittal

 25 6 NYCRR Part 207: Submittal of Episode Action Plans

 3-4 6 NYCRR 211.1: Air pollution prohibited

 26 6 NYCRR 225-1.2 (a) (2): Compliance Certification

 27 6 NYCRR 225-1.2 (a) (2): Compliance Certification

 28 6 NYCRR 225-1.7 (c): Compliance Certification

 29 6 NYCRR 225-1.8: Compliance Certification

 30 6 NYCRR 227-1.3: Compliance Certification

 31 6 NYCRR 227-2.5 (b): Compliance Certification

 1-1 6 NYCRR 243-1.6 (a): Permit Requirements

 1-2 6 NYCRR 243-1.6 (b): Monitoring requirements

 1-3 6 NYCRR 243-1.6 (c): NOx Ozone Season Emission Requirements

 1-4 6 NYCRR 243-1.6 (d): Excess emission requirements

 1-5 6 NYCRR 243-1.6 (e): Recordkeeping and reporting requirements
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 3 FINAL

 1-6 6 NYCRR 243-2.1: Authorization and responsibilities of CAIR 

 designated representative

 1-7 6 NYCRR 243-2.4: Certificate of representation

 1-8 6 NYCRR 243-8.1: General requirements

 1-9 6 NYCRR 243-8.1: Prohibitions

 1-10 6 NYCRR 243-8.5 (d): Quarterly reports

 1-11 6 NYCRR 243-8.5 (e): Compliance certification

 1-12 6 NYCRR Subpart 244-1: CAIR NOx Annual Trading Program General 

 Conditions

 1-13 6 NYCRR Subpart 244-2: Designated CAIR Representative

 1-14 6 NYCRR Subpart 244-8: Compliance Certification

 1-15 6 NYCRR Subpart 245-1: CAIR SO2 Trading Program General Provisions

 1-16 6 NYCRR Subpart 245-2: Designated CAIR Representative

 1-17 6 NYCRR Subpart 245-8: Compliance Certification

 3-5 40CFR 63.11196(a)(1), Subpart JJJJJJ: Compliance date for 

 management practices

 3-6 40CFR 63.11201(b), Subpart JJJJJJ: Compliance Certification

 3-7 40CFR 63.11201(b), Subpart JJJJJJ: Compliance Certification

 3-8 40CFR 63.11205(a), Subpart JJJJJJ: Good air pollution control practices

 3-9 40CFR 63.11225(a), Subpart JJJJJJ: Notifications

 32 40 CFR Part 72: Facility Subject to Title IV Acid Rain Regulations 

 and Permitting

 Emission Unit Level

 33 6 NYCRR Subpart 201-6: Emission Point Definition By Emission Unit

 34 6 NYCRR Subpart 201-6: Process Definition By Emission Unit

 EU=A-K0001

 3-10 6 NYCRR 227-2.4 (a) (1) (i): Compliance Certification

 35 6 NYCRR 227-2.6 (a) (1): Testing, monitoring, and reporting 

 requirements for very large boilers.

 3-11 6 NYCRR 249.3 (a): Compliance Certification

 3-12 6 NYCRR 249.3 (a): Compliance Certification

 3-13 6 NYCRR 249.3 (a): Compliance Certification

 3-14 6 NYCRR 249.3 (a): Compliance Certification

 3-15 6 NYCRR 249.3 (d): Compliance Certification

 3-16 6 NYCRR 249.3 (f): Compliance Certification

 EU=A-K0003

 3-17 6 NYCRR 227-2.4 (c) (1) (i): Compliance Certification

 36 6 NYCRR 227-2.6 (c): Compliance Certification

 37 40CFR 60.48c, NSPS Subpart Dc: Recordkeeping and reporting.

 EU=A-K0003,Proc=NG3,ES=00040

 38 6 NYCRR 227-2.4 (c) (1) (i): This is the optional condition for gas 

 or distillate fired midsized boilers. If they opt not to use this method

 then 227-2.4(c)(2) applies.

 EU=A-K0005

 39 6 NYCRR 204-1.6: Permits requirements.

 40 6 NYCRR 204-2.1: Submissions to the Department.

 41 6 NYCRR 204-4.1: Compliance Certification

 42 6 NYCRR 204-7.1: Submission of NOx allowance transfers.
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 4 FINAL

 43 6 NYCRR 204-8.2: Requirements for recertification of monitoring systems.

 44 6 NYCRR 204-8.2: Compliance Certification

 45 6 NYCRR 204-8.3: Out of control periods.

 46 6 NYCRR 204-8.4: Compliance Certification

 47 6 NYCRR 204-8.7: Compliance Certification

 48 6 NYCRR 227-1.3: Compliance Certification

 49 6 NYCRR 227-2.6 (c): Compliance Certification

 EU=A-K0005,EP=GT001

 50 6 NYCRR 227.2 (b) (1): Compliance Certification

 EU=A-K0013,EP=EG001

 51 6 NYCRR 227.2 (b) (1): Compliance Certification

 EU=A-K0013,EP=EG002

 52 6 NYCRR 227.2 (b) (1): Compliance Certification

 STATE ONLY ENFORCEABLE CONDITIONS

 Facility Level

 53 ECL 19-0301: Contaminant List

 2-3 6 NYCRR 201-1.4: Unavoidable noncompliance and violations

 54 6 NYCRR 201-1.4: Unavoidable noncompliance and violations

 2-4 6 NYCRR 211.2: Air pollution prohibited

 55 6 NYCRR 211.2: Air pollution prohibited

 3-18 6 NYCRR 211.2: Visible Emissions Limited

 1-18 6 NYCRR 242-1.5: CO2 Budget Trading Program - Excess emission 

 requirements

 1-19 6 NYCRR 242-1.5: Compliance Demonstration

 1-20 6 NYCRR 242-1.5: Compliance Demonstration

 Emission Unit Level

 EU=A-K0001

 3-19 6 NYCRR 227-2.4 (a) (1) (ii): Compliance Demonstration

 EU=A-K0003

 3-20 6 NYCRR 227-2.4 (c) (1) (ii): Compliance Demonstration
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 5 FINAL

 FEDERALLY ENFORCEABLE CONDITIONS

 ** ** Facility Level  

 NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS

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

 requirements under Title V. Permittees may also have other obligations

 under regulations of general applicability.

Item A: Emergency Defense - 6 NYCRR 201-1.5

 An emergency constitutes an affirmative defense to an 

 action brought for noncompliance with emissions 

 limitations or permit conditions for all facilities in New

 York State.

 (a) The affirmative defense of emergency shall be 

 demonstrated through properly signed, contemporaneous 

 operating logs, or other relevant evidence that:

 (1) An emergency occurred and that the facility owner 

 and/or

 operator can identify the cause(s) of the 

 emergency;

 (2) The equipment at the permitted facility causing the

 emergency was at the time being properly operated;

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

 and/or operator took all reasonable steps to minimize 

 levels of emissions that exceeded the emission standards, 

 or other requirements in the permit; and

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

 Department

 within two working days after the event occurred. This 

 notice must contain a description of the emergency, any 

 steps taken to mitigate emissions, and corrective actions 

 taken.

 (b) In any enforcement proceeding, the facility owner 

 and/or operator seeking to establish the occurrence of an 

 emergency has the burden of proof.

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

 upset provision contained in any applicable requirement.

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

 NYCRR 201-1.10 (b)

 The Department will make available to the public any 

 permit application, compliance plan, permit, and 

 monitoring and compliance certification report pursuant to

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

 to confidential treatment pursuant to 6 NYCRR Part 616 - 

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

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 6 FINAL

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

 NYCRR 201-6.3 (a) (4)

 Owners and/or operators of facilities having an issued 

 Title V permit shall submit a complete application at 

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

 to the date of permit expiration for permit renewal 

 purposes.

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

 (d) (12)

 Any application, form, report or compliance certification

 required to be submitted pursuant to the federally 

 enforceable portions of this permit shall contain a 

 certification of truth, accuracy and completeness by a 

 responsible official. This certification shall state that 

 based on information and belief formed after reasonable 

 inquiry, the statements and information in the document 

 are true, accurate, and complete.

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

 201-6.5 (a) (2)

 The permittee must comply with all conditions of the 

 Title V facility permit. Any permit non-compliance 

 constitutes a violation of the Act and is grounds for 

 enforcement action; for permit termination, revocation and

 reissuance, or modification; or for denial of a permit 

 renewal application.

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

 Termination, and Associated Information Submission 

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

 This permit may be modified, revoked, reopened and 

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

 by the permittee for a permit modification, revocation and

 reissuance, or termination, or of a notification of 

 planned changes or anticipated noncompliance does not stay

 any permit condition.

Item G: Cessation or Reduction of Permitted Activity Not a 

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

 It shall not be a defense for a permittee in an 

 enforcement action to claim that a cessation or reduction 

 in the permitted activity would have been necessary in 

 order to maintain compliance with the conditions of this 

 permit.

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

 This permit does not convey any property rights of any 

 sort or any exclusive privilege.
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 7 FINAL

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

 If any provisions, parts or conditions of this permit are

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

 remainder of this permit shall continue to be valid.

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

 All permittees granted a Title V facility permit shall be

 covered under the protection of a permit shield, except as

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

 conditions of the permit shall be deemed compliance with 

 any applicable requirements as of the date of permit 

 issuance, provided that such applicable requirements are 

 included and are specifically identified in the permit, or

 the Department, in acting on the permit application or 

 revision, determines in writing that other requirements 

 specifically identified are not applicable to the major 

 stationary source, and the permit includes the 

 determination or a concise summary thereof. Nothing herein

 shall preclude the Department from revising or revoking 

 the permit pursuant to 6 NYCRR Part 621 or from exercising

 its summary abatement authority. Nothing in this permit 

 shall alter or affect the following:

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

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

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

 immediately restrain any person causing or contributing to

 pollution presenting an imminent and substantial 

 endangerment to public health, welfare or the environment 

 to stop the emission of air pollutants causing or 

 contributing to such pollution;

 ii. The liability of a permittee of the Title V 

 facility for any violation of applicable requirements 

 prior to or at the time of permit issuance;

 iii. The applicable requirements of Title IV of the 

 Act;

 iv. The ability of the Department or the Administrator

 to obtain information from the permittee concerning the 

 ability to enter, inspect and monitor the facility.

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

 This Title V permit shall be reopened and revised under 

 any of the following circumstances:

 i. If additional applicable requirements under the Act

 become applicable where this permit's remaining term is 
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 8 FINAL

 three or more years, a reopening shall be completed not 

 later than 18 months after promulgation of the applicable 

 requirement. No such reopening is required if the 

 effective date of the requirement is later than the date 

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

 permit or any of its terms and conditions has been 

 extended by the Department pursuant to the provisions of 

 Part 201-6.7 and Part 621.

 ii. The Department or the Administrator determines 

 that the permit contains a material mistake or that 

 inaccurate statements were made in establishing the 

 emissions standards or other terms or conditions of the 

 permit.

 iii. The Department or the Administrator determines 

 that the Title V permit must be revised or reopened to 

 assure compliance with applicable requirements.

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

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

 additional requirements (including excess emissions 

 requirements) become applicable. Upon approval by the 

 Administrator, excess emissions offset plans shall be 

 deemed to be incorporated into the permit.

 Proceedings to reopen and issue Title V facility permits 

 shall follow the same procedures as apply to initial 

 permit issuance but shall affect only those parts of the 

 permit for which cause to reopen exists.

 Reopenings shall not be initiated before a notice of such

 intent is provided to the facility by the Department at 

 least thirty days in advance of the date that the permit 

 is to be reopened, except that the Department may provide

 a shorter time period in the case of an emergency.

Item L: Permit Exclusion - ECL 19-0305

 The issuance of this permit by the Department and the 

 receipt thereof by the Applicant does not and shall not be

 construed as barring, diminishing, adjudicating or in any 

 way affecting any legal, administrative or equitable 

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

 demands whatsoever that the Department may have against 

 the Applicant for violations based on facts and 

 circumstances alleged to have occurred or existed prior to

 the effective date of this permit, including, but not 

 limited to, any enforcement action authorized pursuant to 

 the provisions of applicable federal law, the 

 Environmental Conservation Law of the State of New York 

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

 Codes, Rules and Regulations of the State of New York 
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 9 FINAL

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

 way affect pending or future enforcement actions under the

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

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

 All terms and conditions in this permit required by the 

 Act or any applicable requirement, including any 

 provisions designed to limit a facility's potential to 

 emit, are enforceable by the Administrator and citizens 

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

 specifically designated any terms and conditions that are 

 not required under the Act or under any of its applicable 

 requirements as being enforceable under only state 

 regulations.

 MANDATORY FEDERALLY ENFORCEABLE PERMIT CONDITIONS 

 SUBJECT TO ANNUAL CERTIFICATIONS AT ALL TIMES

 The following federally enforceable permit conditions are mandatory for all

 Title V permits and are subject to annual compliance certification 

 requirements at all times.

Condition 1: Acceptable Ambient Air Quality

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 200.6

Item 1.1:

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

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

combination with emissions from other air contamination sources would contravene any

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

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

emission control required.

Condition 3-1: Fees

 Effective between the dates of 03/20/2012 and 01/30/2013

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

Item 3-1.1:

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

with the fee schedule authorized by ECL 72-0303.

Condition 2: Fees

 Effective between the dates of 01/31/2008 and 01/30/2013

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

Item 2.1:
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 10 FINAL

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

with the fee schedule authorized by ECL 72-0302.

Condition 3: Recordkeeping and reporting of compliance monitoring

 Effective between the dates of 01/31/2008 and 01/30/2013

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

Item 3.1:

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

reports:

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

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

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

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

procedures if required;

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

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

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

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

201.

Condition 4: Monitoring, Related Recordkeeping, and Reporting 

 Requirements.

 Effective between the dates of 01/31/2008 and 01/30/2013

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

Item 4.1:

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

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

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

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

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

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

reports required by the permit. 

Condition 5: Compliance Certification

 Effective between the dates of 01/31/2008 and 01/30/2013

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

Item 5.1:

The Compliance Certification activity will be performed for the Facility.
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

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Item 5.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 To meet the requirements of this facility permit with 

 respect to reporting, the permittee must:

 Submit reports of any required monitoring at a minimum 

 frequency of every 6 months, based on a calendar year 

 reporting schedule. These reports shall be submitted to 

 the Department within 30 days after the end of a reporting

 period. All instances of deviations from permit 

 requirements must be clearly identified in such reports. 

 All required reports must be certified by the responsible 

 official for this facility.

 Notify the Department and report permit deviations and 

 incidences of noncompliance stating the probable cause of 

 such deviations, and any corrective actions or preventive 

 measures taken. Where the underlying applicable 

 requirement contains a definition of prompt or otherwise 

 specifies a time frame for reporting deviations, that 

 definition or time frame shall govern. Where the 

 underlying applicable requirement fails to address the 

 time frame for reporting deviations, reports of deviations

 shall be submitted to the permitting authority based on 

 the following schedule:

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

 toxic air pollutant (as identified in an applicable 

 regulation) that continue for more than an hour in excess 

 of permit requirements, the report must be made within 24 

 hours of the occurrence.

 (2) For emissions of any regulated air pollutant, 

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

 that continue for more than two hours in excess of permit 

 requirements, the report must be made within 48 

 hours.

 (3) For all other deviations from permit requirements, 

 the report shall be contained in the 6 month monitoring 

 report required above.

 (4) This permit may contain a more stringent reporting 

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

 above. If more stringent reporting requirements have been

 placed in this permit or exist in applicable requirements 

 that apply to this facility, the more stringent reporting 

 requirement shall apply.
 

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 Air Pollution Control Permit Conditions

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 If any of the above conditions are met, the source must 

 notify the permitting authority by telephone during normal

 business hours at the Regional Office of jurisdiction for 

 this permit, attention Regional Air Pollution Control 

 Engineer (RAPCE) according to the timetable listed in 

 paragraphs (1) through (4) of this section. For 

 deviations and incidences that must be reported outside of

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

 Spill Hotline phone number at 1-800-457-7362 shall be 

 used. A written notice, certified by a responsible 

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

 be submitted within 10 working days of an occurrence for 

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

 reported under paragraph (1) through (4) of this section 

 must also be identified in the 6 month monitoring report 

 required above.

 If the permittee seeks to have a violation excused as 

 provided in 201-1.4, the permittee shall report such 

 violations as required under 201-1.4(b). However, in no 

 case may reports of any deviation be on a less frequent 

 basis than those described in paragraphs (1) though (4) 

 above. In order to have a violation of a federal 

 regulation (such as a new source performance standard or 

 national emissions standard for hazardous air pollutants) 

 excused, the specific federal regulation must provide for 

 an affirmative defense during start-up, shutdowns, 

 malfunctions or upsets. 

 In the case of any condition contained in this permit 

 with a reporting requirement of "Upon request by 

 regulatory agency" the permittee shall include in the 

 semiannual report, a statement for each such condition 

 that the monitoring or recordkeeping was performed as 

 required or requested and a listing of all instances of 

 deviations from these requirements.

 In the case of any emission testing performed during the 

 previous six month reporting period, either due to a 

 request by the Department, EPA, or a regulatory 

 requirement, the permittee shall include in the semiannual

 report a summary of the testing results and shall indicate

 whether or not the Department or EPA has approved the 

 results.

 All semiannual reports shall be submitted to the 

 Administrator (or his or her representative) as well as 

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

 pollution control engineer (RAPCE) in the regional office 

 and one copy to the Bureau of Compliance Monitoring and 

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

 addresses for the above referenced persons are contained 
 

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 in the monitoring condition for 6 NYCRR Part 201-6.5(e), 

 contained elsewhere in this permit.

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2008.

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

Condition 6: Compliance Certification

 Effective between the dates of 01/31/2008 and 01/30/2013

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

Item 6.1:

The Compliance Certification activity will be performed for the Facility.

Item 6.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Compliance certifications shall contain the following 

 information:

 - the identification of each term or condition of the 

 permit that is the basis of the certification;

 - the compliance status;

 - whether compliance was continuous or intermittent;

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

 of the facility, currently and over the reporting period 

 consistent with the monitoring and related recordkeeping 

 and reporting requirements of this permit;

 - such other facts as the Department may require to 

 determine the compliance status of the facility as 

 specified in any special permit terms or conditions; 

 and

 - such additional requirements as may be specified 

 elsewhere in this permit related to compliance 

 certification.

 Compliance certifications shall be submitted annually. 

 Certification reports are due 30 days after the 

 anniversary date of four consecutive calendar quarters. 

 The first report is due 30 days after the calendar quarter

 that occurs just prior to the permit anniversary date, 

 unless another quarter has been acceptable by the 

 Department.

 All compliance certifications shall be submitted to the 

 Administrator (or his or her representative) as well as 

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

 pollution control engineer (RAPCE) in the regional office 

 and one copy to the Bureau of Compliance Monitoring and 
 

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 Air Pollution Control Permit Conditions

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

 send annual compliance certifications to Chief of the 

 Stationary Source Compliance Section, the Region 2 EPA 

 representative for the Administrator, at the following 

 address:

 USEPA Region 2

 Air Compliance Branch

 290 Broadway

 New York, NY 10007-1866

 

 The address for the RAPCE is as follows:

 Hunters Point Plaza

 47-40 21st Street

 Long Island City, NY 11101-5407

 The address for the BCME is as follows:

 NYSDEC 

 Bureau of Compliance Monitoring

 and Enforcement

 625 Broadway

 Albany, NY 12233-3258

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2008.

Subsequent reports are due on the same day each year

Condition 7: Compliance Certification

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 202-2.1

Item 7.1:

The Compliance Certification activity will be performed for the Facility.

Item 7.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Emission statements shall be submitted on or before April

 15th each year for emissions of the previous calendar 

 year.

Monitoring Frequency: ANNUALLY

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due by April 15th for previous calendar year

Condition 8: Recordkeeping requirements
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

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 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 202-2.5

Item 8.1:

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

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

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

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

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

department upon request during normal business hours.

Condition 9: Open Fires Prohibited at Industrial and Commercial Sites

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR Part 215

Item 9.1:

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

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

Condition 2-1: Open Fires - Prohibitions

 Effective between the dates of 06/15/2010 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 215.2

Item 2-1.1: 

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

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

Item 2-1.2

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

will be allowed as follows:

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

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

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

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

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

allow burning within any village.

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

for cooking or processing food.

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

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

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

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

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

being fully burned within a 24-hour period.

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

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

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

until extinguished.

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

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

religious ceremony.

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

police or other public safety organization.

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

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

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

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

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

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

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

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

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

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

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

plant and insect species.

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

or by rule or regulation of the Department.

 MANDATORY FEDERALLY ENFORCEABLE PERMIT CONDITIONS 

 SUBJECT TO ANNUAL CERTIFICATIONS ONLY IF APPLICABLE

 The following federally enforceable permit conditions are mandatory for all 

 Title V permits and are subject to annual compliance certification 

 requirements only if effectuated during the reporting period.

 [NOTE: The corresponding annual compliance certification for 

 those conditions not effectuated during the reporting period shall 

 be specified as "not applicable".]

Condition 10: Maintenance of Equipment

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 200.7

Item 10.1:

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

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

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

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

effectively.

Condition 11: Recycling and Salvage

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 201-1.7

Item 11.1:
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

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

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

ECL.

Condition 12: Prohibition of Reintroduction of Collected Contaminants to

 the air

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 201-1.8

Item 12.1:

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

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

them to the outdoor atmosphere.

Condition 13: Exempt Sources - Proof of Eligibility

 Effective between the dates of 01/31/2008 and 01/30/2013

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

Item 13.1:

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

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

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

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

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

sources or units subject to this Subpart, during normal operating hours, for the purpose of

determining compliance with this and any other State and Federal air pollution control

requirements, regulations, or law.

Condition 14: Trivial Sources - Proof of Eligibility

 Effective between the dates of 01/31/2008 and 01/30/2013

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

Item 14.1:

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

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

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

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

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

emission sources or units subject to this Subpart, during normal operating hours, for the purpose

of determining compliance with this and any other State and Federal air pollution control

requirements, regulations, or law.

Condition 15: Standard Requirement - Provide Information

 Effective between the dates of 01/31/2008 and 01/30/2013

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

Item 15.1:

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

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

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

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

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

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

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

Condition 16: General Condition - Right to Inspect

 Effective between the dates of 01/31/2008 and 01/30/2013

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

Item 16.1:

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

 and other documents as may be required by law to:

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

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

under the conditions of the permit;

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

conditions of the permit;

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

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

and

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

compliance with the permit or applicable requirements.

Condition 17: Standard Requirements - Progress Reports

 Effective between the dates of 01/31/2008 and 01/30/2013

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

Item 17.1:

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

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

the department. Such progress reports shall contain the following:

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

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

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

and any preventive or corrective measures adopted.

Condition 18: Off Permit Changes

 Effective between the dates of 01/31/2008 and 01/30/2013

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

Item 18.1:
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

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

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

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

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

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

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

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

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

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

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

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

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

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

change.

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

made pursuant to this paragraph.

Condition 2-2: Required Emissions Tests

 Effective between the dates of 06/15/2010 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 202-1.1

Item 2-2.1:

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

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

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

Condition 19: Required Emissions Tests

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 202-1.1

Item 19.1:

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

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

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

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

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

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

Condition 20: Visible Emissions Limited

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 211.3

Item 20.1:

Except as permitted by a specific part of this Subchapter and for open fires for which a restricted

burning permit has been issued, no person shall cause or allow any air contamination source to

emit any material having an opacity equal to or greater than 20 percent (six minute average)
 

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

Condition 21: Accidental release provisions.

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:40 CFR Part 68

Item 21.1:

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

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

apply:

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

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

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

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

in 40 CFR §68.10(a) or,

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

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

should be submitted to:

Risk Management Plan Reporting Center

C/O CSC

8400 Corporate Dr

Carrollton, Md. 20785

Condition 22: Recycling and Emissions Reduction

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:40CFR 82, Subpart F

Item 22.1:

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

 The following conditions are subject to annual compliance certification 

 requirements for Title V permits only.

Condition 23: Emission Unit Definition

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 23.1(From Mod 3):

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

 Emission Unit: A-K0001 
 

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 Emission Unit Description: 

 Very large boilers 20 and 30. Boiler 20 is face fired and

 Boiler 30 is tangentially fired.

 Building(s): BOILERHS

 BOILERHS

Item 23.2(From Mod 3):

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

 Emission Unit: A-K0003 

 Emission Unit Description: 

 One house boiler rated at 65 MMBtu/hr. This boiler 

 combusts natural gas and is equipped with a flue gas 

 recirculation system.

 Building(s): BOILERHS

Item 23.3(From Mod 2):

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

 Emission Unit: A-K0001 

 Emission Unit Description: 

 Very large boilers 20 and 30. Boiler 20 is face fired and

 Boiler 30 is tangentially fired.

 Building(s): BOILERHS

 BOILERHS

Item 23.4(From Mod 0):

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

 Emission Unit: A-K0005 

 Emission Unit Description: 

 One combustion turbine rated at 235 MMBtu/hr which can 

 combust distillate or natural gas.The combustion turbine 

 is equipped with a diesel starter engine.

 Building(s): GTFAC

Item 23.5(From Mod 0):

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

 Emission Unit: A-K0013 

 Emission Unit Description: 

 Emission unit consists of two emergency diesel-fired 

 generators. They are added to accommodate placing a 

 condition in the permit to address an archival particulate

 limit of 0.10 lbs/MMBtu on each unit, found in a previous 

 version of the Part 227 regulation (5/1/72 - SIP approved 

 9/22/72). The generators are housed in the Turbine Room. 

 Each generator is tested once per week for approximately 

 one hour. The generators will be operated less than 500 

 hours per year.

 Building(s): TURBINERM
 

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Condition 24: Non Applicable requirements

 Effective between the dates of 01/31/2008 and 01/30/2013

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

Item 24.1:

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

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

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

any such requirements as non-applicable.

Condition 3-2: Notification

 Effective between the dates of 03/20/2012 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 202-1.2

Item 3-2.1:

A person who is required by the commissioner to submit a stack test report shall notify the

commissioner, in writing, not less than 30 days prior to the test, of the time and date of the test.

Such notification shall also include the acceptable procedures to be used to stack test including

sampling and analytical procedures. Such person shall allow the commissioner, or his

representative, free access to observe stack testing being conducted by such person.

Condition 3-3: Acceptable procedures - Stack test report submittal

 Effective between the dates of 03/20/2012 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 202-1.3

Item 3-3.1:

Emission test reports must be submitted in triplicate to the commissioner within 60 days after the

completion of the tests, unless additional time is requested in writing.

Condition 25: Submittal of Episode Action Plans

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR Part 207

Item 25.1:

An episode action plan must be submitted for approval by the Department in accordance with the

requirements of 6NYCRR Part 207. The plan shall contain detailed steps which will be taken by

the facility to reduce air contaminant emissions during each stage of an air pollution episode. 

Once approved, the facility shall take whatever actions are prescribed by the episode action plan

when an air pollution episode is in effect.

Condition 3-4: Air pollution prohibited

 Effective between the dates of 03/20/2012 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 211.1

Item 3-4.1:

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

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

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

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

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

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

Condition 26: Compliance Certification

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 225-1.2 (a) (2)

Item 26.1:

The Compliance Certification activity will be performed for the Facility.

Item 26.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 No person shall sell, offer for sale, purchase or use any

 distillate oil which has a sulfur content greater than the

 limit presented below. A log of the sulfur content in oil

 per delivery must be maintained on site for a minimum of 

 five years after the date of the last entry.

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: DISTILLATES - NUMBER 1 AND NUMBER 2 OIL

Parameter Monitored: SULFUR CONTENT

Upper Permit Limit: 0.20 percent by weight

Reference Test Method: ASTM Method D4294

Monitoring Frequency: PER DELIVERY

Averaging Method: MAXIMUM - NOT TO BE EXCEEDED AT ANY 

 TIME (INSTANTANEOUS/DISCRETE OR GRAB)

Reporting Requirements: MONTHLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 3/1/2008.

Subsequent reports are due every 1 calendar month(s).

Condition 27: Compliance Certification

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 225-1.2 (a) (2)

Item 27.1:

The Compliance Certification activity will be performed for the Facility.

Item 27.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

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 OPERATIONS

Monitoring Description: 

 No person shall sell, offer for sale, purchase or use any

 residual oil which has a sulfur content greater than the 

 limit presented below. A log of the sulfur content in oil

 per delivery must be maintained on site for a minimum of 

 five years after the date of the last entry.

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: RESIDUAL FUEL (#4, #5 AND/OR #6 FUEL OIL)

Parameter Monitored: SULFUR CONTENT

Upper Permit Limit: 0.30 percent by weight

Reference Test Method: ASTM Method D4294

Monitoring Frequency: PER DELIVERY

Averaging Method: MAXIMUM - NOT TO BE EXCEEDED AT ANY 

 TIME (INSTANTANEOUS/DISCRETE OR GRAB)

Reporting Requirements: MONTHLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 3/1/2008.

Subsequent reports are due every 1 calendar month(s).

Condition 28: Compliance Certification

 Effective between the dates of 01/31/2008 and 01/30/2013

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

Item 28.1:

The Compliance Certification activity will be performed for the Facility.

Item 28.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Measurements must be made daily of the rate of each fuel 

 burned. Also, for each fuel shipment, the facility must 

 measure the gross heat content, ash content, and sulfur 

 content. The average daily electrical output and hourly 

 generation rate must be recorded. Quarterly reports of 

 exceedances of Sulfur must be filed with the Department. 

 All records must be retained by the source owner for a 

 period of three years.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 4/30/2008.

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

Condition 29: Compliance Certification

 Effective between the dates of 01/31/2008 and 01/30/2013
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

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Renewal 1/Mod 3/Active Page 25 FINAL

 Applicable Federal Requirement:6 NYCRR 225-1.8

Item 29.1:

The Compliance Certification activity will be performed for the Facility.

Item 29.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 An owner or operator of a facility which purchases and 

 fires fuel shall submit reports to the commissioner 

 containing a fuel analysis, information on the quantity of

 the fuel received, burned, and results of any stack 

 sampling, stack monitoring and any other procedures to 

 ensure compliance with the provisions of 6 NYCRR Part 

 225-1. All records shall be available for a minimum of 

 three years.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: MONTHLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 3/1/2008.

Subsequent reports are due every 1 calendar month(s).

Condition 30: Compliance Certification

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 227-1.3

Item 30.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 30.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 This Condition addresses the Arthur Kill Generating 

 Station (the ¿Facility¿). 

 1. Opacity Monitors

 Permittee's opacity monitors shall be properly operated 

 and maintained in accordance with the requirements of 40 

 CFR Part 75, 6 NYCRR Part 227, the manufacturer's 

 recommendations and Permittee's Quality Assurance/Quality 
 

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 Control program.

 2. Opacity Incident Reporting

 A. Permittee shall prepare an Opacity Incident Report 

 (OIR) for each excess opacity event. An excess opacity 

 emission event, as used in this condition, means smoke 

 emissions of one or more six minute periods in which the 

 average opacity exceeds 20%, which are caused by the same 

 circumstance, except that one event in every hour may be 

 excluded if the average opacity during the six-minute 

 period does not exceed 27%.

 B. Each OIR shall include a description of the event, the 

 start and end times, the duration, a sequence of events, 

 the maximum value, a preliminary cause analysis including 

 the reason code and corrective action requirements 

 including the corrective action code. These reports will 

 be generated and maintained in the Facility¿s CEMS Data 

 Acquisition System computer and identified as Exceedance 

 Data Exception Reports. The OIRs will be maintained for a

 period of five years and shall be made available to the 

 New York State Department of Environmental Conservation 

 (the ¿Department¿) on demand.

 C. If the Facility experiences two or more unexcused 

 excess opacity events in a calendar quarter, Permittee 

 shall submit a written report of excess emissions for that

 calendar quarter in which the excess opacity events 

 occurred which includes an opacity summary as well as an 

 opacity excursion report in accordance with 6 NYCRR 

 §227-1.4. Such reports shall include, at a minimum, the 

 required information set forth at 6 NYCRR §227-1.4(b), and

 a summary page providing: the total number of reported 

 exceedances; the total number of unexcused exceedances; 

 monitor downtime expressed as a percentage of operating 

 time; and compliance rates, based on both total reported 

 and unexcused exceedances, expressed (to the hundreth) as 

 a percentage of operating time.

 3. Opacity Reporting Compliance Audits

 If the Facility experiences two or more unexcused excess 

 opacity events per calendar month, Permittee shall conduct

 a monthly opacity reporting compliance audit for that 

 month consistent with the requirements of this 

 paragraph.

 If required, such audits include a detailed review of all 

 opacity data for the prior month and confirmation that all

 indicated events were properly reported and documented, 

 survey sheets completed and all documentation retained. 
 

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 Comprehensive audit reports shall be prepared to identify 

 all relevant observations. Items to be tabulated include 

 missing survey sheets, events greater than 20% opacity, 

 events greater than 40% opacity, total incidents, and 

 incidents reported.

 4. Awareness, Communications and Training

 Permittee shall comply with the opacity awareness, 

 communications and training provisions of this 

 paragraph.

 If the Facility experiences two or more unexcused excess 

 opacity events in one calendar month, opacity audit 

 results and initiatives shall be made formal agenda items 

 at regular meetings conducted by the plant personnel. 

 Opacity reduction program activities shall also be 

 discussed at the same meetings.

 Opacity understanding and awareness shall be communicated 

 on an on-going basis from station management to 

 supervisory and operating and maintenance personnel. 

 Permittee shall provide training in opacity regulatory 

 requirements, fundamentals of combustion, and the balance 

 between NOx control, and opacity and continuous emissions 

 monitoring interface.

 5. Preventive Maintenance

 Permitteee submitted a preventive maintenance program, 

 which is incorporated into and is an enforceable part of 

 this Condition. The Department shall be notified of all 

 significant additions and deletions to the preventive 

 maintenance program.

 

 6. Root Cause Analysis and Corrective Actions

 Permittee shall conduct root cause analyses and shall take

 all corrective actions that are deemed necessary to 

 maintain the Facility in full compliance with the State¿s 

 opacity requirements.

 7. Quarterly Reports

 Beginning 45 days after the effective date of this permit,

 Permittee shall submit to the Department quarterly reports

 60 days following the end of the calendar quarter (May 30,

 August 30, November 30 and February 28) which describe the

 activities and progress that the Permittee has made during

 the preceding quarter in carrying out the requirements of 

 paragraphs 1 through 7 of this Condition
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

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Renewal 1/Mod 3/Active Page 28 FINAL

 

 ARTHUR KILL STATION

 OPACITY PREVENTIVE MAINTENANCE PROGRAM

 PURPOSE:

 In order to minimize opacity incidents, preventive 

 maintenance will be performed on a periodic basis to 

 reduce or eliminate equipment malfunctions that could lead

 to an opacity incident.

 BACKGROUND:

 In addition to performing opacity audits, awareness and 

 training and root cause and corrective analysis an 

 effective opacity preventive maintenance program can 

 reduce the number of opacity incidents. Routine 

 maintenance can reduce the number and length of opacity 

 incidents.

 PROGRAM:

 The elements of the preventive maintenance program are 

 listed on the table below. Some items only pertain to 

 when oil is being burned. Those groups indicated as 

 responsible for that element will perform these elements 

 on a periodic basis. Any deficiencies will be corrected 

 or added to the major overhaul list for correction during 

 an outage.

 DOCUMENTATION:

 Completed checklists will be kept on file at the facility 

 and made available for agency inspection for a period of 

 five years.

 ARTHUR KILL GENERATING STATION OPACITY PM

PROGRAM - OIL 

 OPERATION 

 Element Unit Description Responsibility Check

Date

 Performed Completed

 Fireside 20 Inspect 

 Operations 

 20 Clean Vendor 

 30 Inspect Operations 

 30 Clean Vendor 

 Burners 20 Air Slide Insp/Lube 

 Operations 

 20 Air slide & Baffle Insp Operations 

 30 Burner Tilt Drive Insp Operations 
 

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 30 ATC Insp/Lube Operations

 

 20 Gas Ignitor Operation Operations 

 30 Gas Ignitor Operation Operations 

 ID Fans 30 ID Fan Vane Adjustment Operations 

 20 ID Fan Vane Adjustment Operations 

 20 ID Fan Disch Damper Insp Operations

 20 ID Fan Inlet Duct Insp Operations

 30 ID Fan Inlet Duct Insp Operations

 FD Fans 20 FD Fan Air Duct Insp 

 Operations

 30 FD Fan Air Duct Insp Operations

 Regulators 20 Fuel Gas Regulator PM I&C

 30 Fuel Gas Regulator PM I&C

 20 Fuel Oil Regulator PM I&C

 30 Fuel Oil Regulator PM I&C

 Alarms & Trips 20 Atomizing Steam I&C

 30 Atomizing Steam I&C

 20 Fuel Pressure I&C

 30 Fuel Pressure 

 I&C

 Controls 20 Steam/Air Flow 

 I&C

 30 Steam/Air Flow I&C

 Control Air 20 PM Air Dryer Vendor

 30 PM Air Dryer Vendor

 20 PM Control Air Compressor Vendor

 30 PM Control Air Compressor Vendor

 Fuel Flow 20 Calibrate & PM 

 Vendor

 30 Calibrate & PM Vendor

 Opacity Monitor Stack Calibrate & PM 

 Vendor

 

 ARTHUR KILL GENERATING STATION OPACITY PM 

 PROGRAM - GAS OPERATION

 

 Element Unit Description Responsibility

 

 

 Burners 20 Air Slide & Baffle Insp Ops/Maint

 30 Burner Inspection 

Ops/Maint

 20 Gas Igniter Operation 
 

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Ops

 30 Gas Igniter Operation 

Ops

 Fans 20 FD Vane Inspection 

Ops/Maint

 20 ID Vane Inspection 

Ops/Maint

 30 FD Vane Inspection 

Ops/Maint

 30 ID Vane Inspection 

Ops/Maint

 Regulators 20 Fuel Gas Regulator 

I&C/Vendor

 30 Fuel Gas Regulator 

I&C/Vendor

 Alarms/Trips 20 Fuel Gas Pressure I&C

 30 Fuel Gas Pressure 

I&C

 Controls 20 Steam/Air Flow 

I&C

 30 Steam/Air Flow 

I&C

 Opacity Monitor Stack Calibrate & PM 

Vendor

 

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 31: Compliance Certification

 Effective between the dates of 01/31/2008 and 01/30/2013

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

Item 31.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

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

Item 31.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 NRG Energy Inc.'s system-wide averaging of NOx emissions 

 from its facilities in New York State, including the 

 Arthur Kill Generation Station, must be performed in 

 accordance with the most current version of the NOx RACT 

 System-wide Compliance Plan (the "Plan"), submitted by NRG

 Energy Inc., and approved by the Department. Records will
 

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Renewal 1/Mod 3/Active Page 31 FINAL

 be kept in accordance with the Plan and compliance will be

 demonstrated on a 24 hour basis during the Ozone season 

 and on a 30 day rolling average for the rest of the year. 

 The "Plan" is attached to this permit and constitutes an 

 enforceable part of the permit. 

 

 

 

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 4/30/2008.

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

Condition 1-1: Permit Requirements

 Effective between the dates of 02/01/2010 and 01/30/2013

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

Item 1-1.1:

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

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

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

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

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

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

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

in compliance with such CAIR permit.

Condition 1-2: Monitoring requirements

 Effective between the dates of 02/01/2010 and 01/30/2013

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

Item 1-2.1:

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

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

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

Condition 1-3: NOx Ozone Season Emission Requirements

 Effective between the dates of 02/01/2010 and 01/30/2013

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

Item 1-3.1:

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

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

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

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

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

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

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

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

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

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

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

each control period thereafter.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

source.

Condition 1-4: Excess emission requirements

 Effective between the dates of 02/01/2010 and 01/30/2013

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

Item 1-4.1:

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

of the CAIR NOx Ozone Season emissions limitation, then:

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

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

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

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

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

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

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Condition 1-5: Recordkeeping and reporting requirements

 Effective between the dates of 02/01/2010 and 01/30/2013

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

Item 1-5.1:

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

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

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

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

department or the Administrator.

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

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

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

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

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

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

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

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

period shall apply.

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

or required under the CAIR NOx Ozone Season Trading Program.

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

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

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

Condition 1-6: Authorization and responsibilities of CAIR designated 

 representative

 Effective between the dates of 02/01/2010 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 243-2.1

Item 1-6.1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 34 FINAL

notwithstanding any agreement between the CAIR designated representative and such owners

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

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

source or unit.

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

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

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

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

CAIR NOx Ozone Season units at the source.

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

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

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

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

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

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

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

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

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

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

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

possibility of fine or imprisonment."

Condition 1-7: Certificate of representation

 Effective between the dates of 02/01/2010 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 243-2.4

Item 1-7.1:

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

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

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

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

Condition 1-8: General requirements

 Effective between the dates of 02/01/2010 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 243-8.1

Item 1-8.1:

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

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

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

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

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

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

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

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

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

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

requirements as a CAIR NOx Ozone Season unit.
 

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

CAIR NOx Ozone Season unit shall:

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

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

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

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

75.72);

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

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

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

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

(a)(1) of this section.

Condition 1-9: Prohibitions

 Effective between the dates of 02/01/2010 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 243-8.1

Item 1-9.1:

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

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

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

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

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

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

75.

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

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

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

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

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

and 40 CFR Part 75.

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

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

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

circumstances:

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

effect;

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

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

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

parameter as the retired or discontinued monitoring system; or

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

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

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

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Condition 1-10: Quarterly reports

 Effective between the dates of 02/01/2010 and 01/30/2013

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

Item 1-10.1:

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

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

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

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

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

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

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

quarter beginning with:

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

covering May 1, 2008 through June 30, 2008;

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

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

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

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

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

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

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

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

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

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

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

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

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

data, and other information required by this Subpart.

Condition 1-11: Compliance certification

 Effective between the dates of 02/01/2010 and 01/30/2013

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

Item 1-11.1:

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

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

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

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

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

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

specifications;
 

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

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

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

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

NOx emissions; and

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

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

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

systematically underestimate NOx emissions.

Condition 1-12: CAIR NOx Annual Trading Program General Conditions

 Effective between the dates of 02/01/2010 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR Subpart 244-1

Item 1-12.1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CAIR designated representative.

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

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

the three year period shall apply.
 

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

made or required under the CAIR NOx Annual Trading Program.

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

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

the requirements of the CAIR NOx Annual Trading Program.

Condition 1-13: Designated CAIR Representative

 Effective between the dates of 02/01/2010 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR Subpart 244-2

Item 1-13.1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

imprisonment." [244-2.1(e)]

Condition 1-14: Compliance Certification

 Effective between the dates of 02/01/2010 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR Subpart 244-8

Item 1-14.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

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

Item 1-14.2:

Compliance Certification shall include the following monitoring:
 

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Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Monitoring and Reporting NOX emissions

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

 applicable, the CAIR designated representative shall 

 comply with all recordkeeping and reporting requirements 

 in this condition, the applicable recordkeeping and 

 reporting requirements under 40 CFR 75, and the 

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

 (2) The CAIR designated representative shall submit 

 quarterly reports of the the NOx mass emissions data and 

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

 quarterly report in a format prescribed by the 

 Administrator, for each calendar quarter beginning with 

 the calendar quarter corresponding to the earlier of the 

 date of provisional certification or the applicable 

 deadline for initial certification under 6NYCRR Part 

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

 quarter of 2007, in which case reporting shall commence in

 the quarter covering January 1, 2008 through March 31, 

 2008.

 (3) The CAIR designated representative shall submit each 

 quarterly report to the Administrator within 30 days 

 following the end of the calendar quarter covered by the 

 report. Quarterly reports shall be submitted in the manner

 specified in 40 CFR 75.73(f).

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

 Rain emissions limitation or the CAIR NOx Ozone Season 

 Trading Program, CAIR SO2 Trading Program, or the Mercury 

 Reduction Program for Coal-Fired Electric Utility Steam 

 Generating Units (6NYCRR Part 246), quarterly reports 

 shall include the applicable data and information required

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

 in addition to the NOx mass emission data, heat input 

 data, and other information required by this 

 Subpart.

 (5) 'Compliance certification.' The CAIR designated 

 representative shall submit to the Administrator a 

 compliance certification (in a format prescribed by the 

 Administrator) in support of each quarterly report based 

 on reasonable inquiry of those persons with primary 

 responsibility for ensuring that all of the unit's 

 emissions are correctly and fully monitored. The 

 certification shall state that:

 (i) the monitoring data submitted were recorded in 
 

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 accordance with the applicable requirements of 6NYCRR Part

 244 and 40 CFR Part 75, including the quality assurance 

 procedures and specifications; and

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

 all hours where NOx data are substituted in accordance 

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

 operating within the range of parameters listed in the 

 quality assurance/quality control program under appendix B

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

 systematically underestimate NOx emissions.

 (6) Whenever any monitoring system fails to meet the 

 quality-assurance and quality-control requirements or data

 validation requirements of 40 CFR part 75, data shall be 

 substituted using the applicable missing data procedures 

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

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

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

 modification, or change in any certified continuous 

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

 that may significantly affect the ability of the system to

 accurately measure or record NOx mass emissions or heat 

 input rate or to meet the quality-assurance and 

 quality-control requirements of 40 CFR 75.21 or appendix B

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

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

 Furthermore, whenever the owner or operator makes a 

 replacement, modification, or change to the flue gas 

 handling system or the unit's operation that may 

 significantly change the stack flow or concentration 

 profile, the owner or operator shall recertify each 

 continuous emission monitoring system whose accuracy is 

 potentially affected by the change, in accordance with 40 

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

 monitoring system that require recertification include 

 replacement of the analyzer, complete replacement of an 

 existing continuous emission monitoring system, or change 

 in location or orientation of the sampling probe or site. 

 Any fuel flowmeter system, and any excepted NOx monitoring

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

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

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

 

Monitoring Frequency: CONTINUOUS

Averaging Method: ANNUAL TOTAL

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 4/30/2010.
 

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

Condition 1-15: CAIR SO2 Trading Program General Provisions

 Effective between the dates of 02/01/2010 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR Subpart 245-1

Item 1-15.1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[(245-1.6(d)]

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

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

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

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

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

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

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

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

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

CAIR designated representative.

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

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

the three-year period shall apply.

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

made or required under the CAIR SO2 Trading Program.

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

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

requirements of the CAIR SO2 Trading Program.

Condition 1-16: Designated CAIR Representative

 Effective between the dates of 02/01/2010 and 01/30/2013
 

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 Applicable Federal Requirement:6 NYCRR Subpart 245-2

Item 1-16.1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[245-2.1(e)]

Condition 1-17: Compliance Certification

 Effective between the dates of 02/01/2010 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR Subpart 245-8

Item 1-17.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 1-17.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Monitoring and Reporting SO2 emissions:

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

 the Clean Air Interstate Rule (CAIR) designated 
 

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

 monitoring, recordkeeping, and reporting requirements as 

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

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

 requirements, the definitions in section 245-1.2 and 40 

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

 "designated representative," and "continuous emission 

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

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

 designated representative," and "continuous emission 

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

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

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

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

 recordkeeping, and reporting requirements as a CAIR SO2 

 unit. [245-8.1]

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

 [245-8.1(a)]

 (i) install all monitoring systems required under this

 Subpart for monitoring SO2 mass emissions and individual 

 unit heat input (including all systems required to monitor

 SO2 concentration, stack gas moisture content, stack gas 

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

 applicable, in accordance with 40 CFR 75.11 and 40 CFR 

 75.16);

 (ii) successfully complete all certification tests 

 required under Part 245-8.2 and meet all other 

 requirements of this section and 40 CFR Part 75 applicable

 to the monitoring systems under this section; and

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

 the monitoring systems under paragraph of this 

 section.

 3) The owner or operator shall meet the monitoring system

 certification and other requirements of section 

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

 The owner or operator shall record, report, and 

 quality-assure the data from the monitoring systems under 

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

 [245-8.1(b)]

 (i) For the CAIR SO2 unit that commences commercial 

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

 (ii) For the CAIR SO2 unit that commences commercial 

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

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

 days or 180 calendar days, whichever occurs first, after 

 the date on which the unit commences commercial 

 operation.

 4) Whenever the owner or operator makes a replacement, 

 modification, or change in any certified continuous 
 

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

 that may significantly affect the ability of the system to

 accurately measure or record SO2 mass emissions or heat 

 input rate or to meet the quality-assurance and 

 quality-control requirements of 40 CFR 75.21 or appendix B

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

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

 Furthermore, whenever the owner or operator makes a 

 replacement, modification, or change to the flue gas 

 handling system or the unit's operation that may 

 significantly change the stack flow or concentration 

 profile, the owner or operator shall recertify each 

 continuous emission monitoring system whose accuracy is 

 potentially affected by the change, in accordance with 40 

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

 monitoring system that require recertification include: 

 replacement of the analyzer, complete replacement of an 

 existing continuous emission monitoring system, or change 

 in location or orientation of the sampling probe or site. 

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

 subject to the recertification requirements in 40 CFR 

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

 5) Whenever any monitoring system fails to meet the 

 quality-assurance and quality-control requirements or data

 validation requirements of 40 CFR Part 75, data shall be 

 substituted using the applicable missing data procedures 

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

 [245-8.3(a)]

 6) The CAIR designated representative shall comply with 

 all recordkeeping and reporting requirements in section 

 245-8.3, the applicable recordkeeping and reporting 

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

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

 [245-8.5(a)]

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

 with requirements of 40 CFR 75.62 for monitoring plans. 

 [245-8.5(b)]

 8) The CAIR designated representative shall submit an 

 application to the department within 45 days after 

 completing all initial certification or recertification 

 tests required under section 245-8.2, including the 

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

 ]

 9) The CAIR designated representative shall submit 

 quarterly reports of the SO2 mass emissions data and heat 

 input data for each CAIR SO2 unit, in an electronic 

 quarterly report in a format prescribed by the 
 

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 Administrator, for each calendar quarter beginning with: 

 [245-8.5(d)(1)]

 i) the calendar quarter covering January 1, 2009 

 through March 31, 2009 for a unit that commences 

 commercial operation before July 1, 2008; or

 ii) for a unit that commences commercial operation on 

 or after July 1, 2008, the calendar quarter corresponding 

 to the earlier of the date of provisional certification or

 the applicable deadline for initial certification under 

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

 fourth quarter of 2008, in which case reporting shall 

 commence in the quarter covering January 1, 2009 through 

 March 31, 2009.

 10) The CAIR designated representative shall submit each 

 quarterly report to the Administrator within 30 days 

 following the end of the calendar quarter covered by the 

 report. Quarterly reports shall be submitted in the manner

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

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

 Rain emissions limitation or the CAIR NOX Annual Trading 

 Program, CAIR NOX Ozone Season Trading Program, or the 

 Mercury Reduction Program for Coal-Fired Electric Utility 

 Steam Generating Units (6 NYCRR Part 246), quarterly 

 reports shall include the applicable data and information 

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

 applicable, in addition to the SO2 mass emission data, 

 heat input data, and other information required by this 

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

 12) The CAIR designated representative shall submit to 

 the Administrator a compliance certification (in a format 

 prescribed by the Administrator) in support of each 

 quarterly report based on reasonable inquiry of those 

 persons with primary responsibility for ensuring that all 

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

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

 i) the monitoring data submitted were recorded in 

 accordance with the applicable requirements of this 

 Subpart and 40 CFR Part 75, including the quality 

 assurance procedures and specifications; and

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

 for all hours where SO2 data are substituted in accordance

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

 operating within the range of parameters listed in the 

 quality assurance/quality control program under appendix B

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

 systematically underestimate SO2 emissions.

Monitoring Frequency: CONTINUOUS

Averaging Method: ANNUAL TOTAL
 

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Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 4/30/2010.

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

Condition 3-5: Compliance date for management practices

 Effective between the dates of 03/20/2012 and 01/30/2013

 Applicable Federal Requirement:40CFR 63.11196(a)(1), Subpart JJJJJJ

Item 3-5.1:

The owner or operator of an existing affected boiler that is subject to a work practice or

management practice standard of a tune-up must achieve compliance with the work practice or

management standard no later than March 21, 2012.

Condition 3-6: Compliance Certification

 Effective between the dates of 03/20/2012 and 01/30/2013

 Applicable Federal Requirement:40CFR 63.11201(b), Subpart JJJJJJ

Item 3-6.1:

The Compliance Certification activity will be performed for the Facility.

Item 3-6.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner or operator of existing coal, biomass, or oil 

 fired boilers must have a one-time energy assessment 

 performed by a qualified energy assessor. An energy 

 assessment completed on or after January 1, 2008, that 

 meets or is amended to meet the energy assessment 

 requirements in this table satisfies the energy assessment

 requirement.

 The energy assessment must include:

 (1) A visual inspection of the boiler system,

 (2) An evaluation of operating characteristics of the 

 facility, specifications of energy using systems, 

 operating and maintenance procedures, and unusual 

 operating constraints,

 (3) Inventory of major systems consuming energy from 

 affected boiler(s),

 (4) A review of available architectural and engineering 

 plans, facility operation and maintenance procedures and 

 logs, and fuel usage,
 

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 (5) A list of major energy conservation measures,

 (6) A list of the energy savings potential of the energy 

 conservation measures identified,

 (7) A comprehensive report detailing the ways to improve 

 efficiency, the cost of specific improvements, benefits, 

 and the time frame for recouping those investments.

Monitoring Frequency: SINGLE OCCURRENCE

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Condition 3-7: Compliance Certification

 Effective between the dates of 03/20/2012 and 01/30/2013

 Applicable Federal Requirement:40CFR 63.11201(b), Subpart JJJJJJ

Item 3-7.1:

The Compliance Certification activity will be performed for the Facility.

Item 3-7.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner or operator of a new or existing coal-fired 

 boiler greater than 10 mmBtu and new and existing 

 biomass-fired and oil-fired boilers must conduct a tune-up

 of the boiler biennially according to the following 

 procedures.

 (1) As applicable, inspect the burner, and clean or 

 replace any components of the burner as necessary (the 

 owner or operator may delay the burner inspection until 

 the next scheduled unit shutdown, but must inspect each 

 burner at least once every 36 months).

 (2) Inspect the flame pattern, as applicable, and adjust 

 the burner as necessary to optimize the flame pattern. The

 adjustment should be consistent with the manufacturer’s 

 specifications, if available.

 (3) Inspect the system controlling the air-to-fuel ratio, 

 as applicable, and ensure that it is correctly calibrated 

 and functioning properly.

 (4) Optimize total emissions of carbon monoxide. This 

 optimization should be consistent with the manufacturer’s 
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 48 FINAL

 specifications, if available.

 (5) Measure the concentrations in the effluent stream of 

 carbon monoxide in parts per million, by volume, and 

 oxygen in volume percent, before and after the adjustments

 are made (measurements may be either on a dry or wet 

 basis, as long as it is the same basis before and after 

 the adjustments are made).

 (6) Maintain onsite and submit biennial report containing 

 the information in paragraphs (i) through (iii).

 (i) The concentrations of CO in the effluent stream in 

 parts per million, by volume, and oxygen in volume 

 percent, measured before and after the tune-up of the 

 boiler.

 (ii) A description of any corrective actions taken as a 

 part of the tune-up of the boiler.

 (iii) The type and amount of fuel used over the 12 months 

 prior to the biennial tune-up of the boiler.

 (7) If the unit is not operating on the required date for 

 a tune-up, the tune-up must be conducted within one week 

 of startup.

Monitoring Frequency: EVERY TWO YEARS

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Condition 3-8: Good air pollution control practices

 Effective between the dates of 03/20/2012 and 01/30/2013

 Applicable Federal Requirement:40CFR 63.11205(a), Subpart JJJJJJ

Item 3-8.1:

At all times the owner or operator must operate and maintain any affected source, including

associated air pollution control equipment and monitoring equipment, in a manner consistent

with safety and good air pollution control practices for minimizing emissions. The general duty

to minimize emissions does not require any further efforts to reduce emissions if levels required

by this standard have been achieved. Determination of whether such operation and maintenance

procedures are being used will be based on information available to the Administrator that may

include, but is not limited to, monitoring results, review of operation and maintenance

procedures, review of operation and maintenance records, and inspection of the source.

Condition 3-9: Notifications

 Effective between the dates of 03/20/2012 and 01/30/2013
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 49 FINAL

 Applicable Federal Requirement:40CFR 63.11225(a), Subpart JJJJJJ

Item 3-9.1:

The owner or operator must submit the notifications specified in paragraphs (1) through (5) to

the delegated authority.

(1) The owner or operator must submit all of the notifications in 40 CFR 63.7(b): 63.8(e) and (f);

63.9(b) through (e); and 63.9(g) and (h) that apply by the dates specified in those sections.

(2) As specified in 40 CFR 63.9(b)(2), the owner or operator must submit the Initial Notification

no later than 120 calendar days after May 20, 2011 or within 120 days after the source becomes

subject to the standard.

(3) If the owner or operator is required to conduct a performance stack test he/she must submit a

Notification of Intent to conduct a performance test at least 60 days before the performance stack

test is scheduled to begin.

(4) The owner or operator must submit the Notification of Compliance Status in accordance with

40 CFR 63.9(h) no later than 120 days after the applicable compliance date specified in 40 CFR

63.11196 unless he/she must conduct a performance stack test. If the owner or operator must

conduct a performance stack test, he/she must submit the Notification of Compliance Status

within 60 days of completing the performance stack test. In addition to the information required

in 40 CFR 63.9(h)(2), the notification must include the following certification(s) of compliance,

as applicable, and signed by a responsible official:

(i) ‘‘This facility complies with the requirements in § 63.11214 to conduct an initial tune-up of

the boiler.’’

(ii) ‘‘This facility has had an energy assessment performed according to § 63.11214(c).’’

(iii) For an owner or operator that installs bag leak detection systems: ‘‘This facility has

prepared a bag leak detection system monitoring plan in accordance with § 63.11224 and will

operate each bag leak detection system according to the plan.’’

(iv) For units that do not qualify for a statutory exemption as provided in section 129(g)(1) of the

Clean Air Act: ‘‘No secondary materials that are solid waste were combusted in any affected

unit.’’

(5) If the owner or operator is using data from a previously conducted emission test to serve as

documentation of conformance with the emission standards and operating limits of this subpart

consistent with 40 CFR 63.7(e)(2)(iv), he/she must submit the test data in lieu of the initial

performance test results with the Notification of Compliance Status required under paragraph

(4).

Condition 32: Facility Subject to Title IV Acid Rain Regulations and 

 Permitting

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:40 CFR Part 72

Item 32.1: This facility is subject to the Title IV Acid Rain Regulations found in 40 CFR
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 50 FINAL

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

 ** ** Emission Unit Level  

Condition 33: Emission Point Definition By Emission Unit

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 33.1(From Mod 2):

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

 Emission Unit: A-K0001

 Emission Point: 00002 

 Height (ft.): 502 Diameter (in.): 232

 NYTMN (km.): 4493.677 NYTME (km.): 567.758 Building: BOILERHS

Item 33.2(From Mod 0):

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

 Emission Unit: A-K0003

 Emission Point: 00003 

 Height (ft.): 42 Diameter (in.): 36

 NYTMN (km.): 4493.785 NYTME (km.): 567.713 Building: BOILERRM

Item 33.3(From Mod 0):

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

 Emission Unit: A-K0005

 Emission Point: GT001 

 Height (ft.): 47 Length (in.): 120 Width (in.): 252

 NYTMN (km.): 4493.699 NYTME (km.): 567.72 Building: GTFAC

Item 33.4(From Mod 0):

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

 Emission Unit: A-K0013

 Emission Point: EG001 

 Height (ft.): 20 Diameter (in.): 8

 NYTMN (km.): 4493.71 NYTME (km.): 567.675 Building: BOILERHS

 Emission Point: EG002 

 Height (ft.): 14 Diameter (in.): 12

 NYTMN (km.): 4493.697 NYTME (km.): 567.667 Building: BOILERHS

Condition 34: Process Definition By Emission Unit

 Effective between the dates of 01/31/2008 and 01/30/2013
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 51 FINAL

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 34.1(From Mod 3):

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

 Emission Unit: A-K0001

 Process: NG2 Source Classification Code: 1-01-006-04

 Process Description: 

 This process includes one tangentially fired boiler 

 (Boiler 30). This boiler is rated at 5502 MMBtu/hr. This

 process covers the combustion of natural gas in this 

 boiler.

 Emission Source/Control: 00030 - Combustion 

 Design Capacity: 5,502 million Btu per hour

Item 34.2(From Mod 3):

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

 Emission Unit: A-K0003

 Process: NG3 Source Classification Code: 1-01-006-02

 Process Description: 

 This process includes one House Boiler rated at 65 

 MMBtu/hr. This process covers the combustion of natural 

 gas in this boiler.

 Emission Source/Control: 00040 - Combustion 

 Design Capacity: 65 million Btu per hour

 Emission Source/Control: FG040 - Control 

 Control Type: FLUE GAS RECIRCULATION

Item 34.3(From Mod 2):

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

 Emission Unit: A-K0001

 Process: BC1 Source Classification Code: 3-01-009-99

 Process Description: 

 This process is for the chemical cleaning of the boiler 

 tubes for Boiler 20. The boiler tubes will be cleaned 

 using EDTA method and the nonhazardous solution 

 subsequently incinerated in one of the boilers. This 

 process is considered ordinary maintenance of the boiler 

 and is a trivial activity under 6NYCRR 201-3.3(c)(45) - 

 Maintenance and Construction activities. No reporting is 

 required for this process. However, the facility will 

 maintain records of boiler chemical cleaning activities.

 Emission Source/Control: 00020 - Combustion 

 Design Capacity: 3,717 million Btu per hour
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 52 FINAL

Item 34.4(From Mod 2):

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

 Emission Unit: A-K0001

 Process: BC2 Source Classification Code: 3-01-009-99

 Process Description: 

 This process is for the chemical cleaning of the boiler 

 tubes for Boiler 30. The boiler tubes will be cleaned 

 using EDTA method and the nonhazardous solution 

 subsequently incinerated in one of the boilers. This 

 process is considered ordinary maintenance of the boiler 

 and is a trivial activity under 6NYCRR 201-3.3(c)(45) - 

 Maintenance and Construction activities. No reporting is 

 required for this process. However, the facility will 

 maintain records of boiler chemical cleaning activities.

 Emission Source/Control: 00030 - Combustion 

 Design Capacity: 5,502 million Btu per hour

Item 34.5(From Mod 2):

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

 Emission Unit: A-K0001

 Process: NG1 Source Classification Code: 1-01-006-01

 Process Description: 

 This process includes one face fired boiler (Boiler 20). 

 This boiler is rated at 3717 MMBtu/hr. This process 

 covers the combustion of natural gas in this boiler.

 Emission Source/Control: 00020 - Combustion 

 Design Capacity: 3,717 million Btu per hour

Item 34.6(From Mod 2):

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

 Emission Unit: A-K0001

 Process: RO1 Source Classification Code: 1-01-004-01

 Process Description: 

 This process includes one face fired boiler (Boiler 20). 

 This boiler is rated at 3717 MMBtu/hr. This process 

 covers the combustion of residual oil in this boiler.

 Emission Source/Control: 00020 - Combustion 

 Design Capacity: 3,717 million Btu per hour

Item 34.7(From Mod 2):

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

 Emission Unit: A-K0001

 Process: RO2 Source Classification Code: 1-01-004-04

 Process Description: 

 This process includes one tangentially fired boiler 
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 53 FINAL

 (Boiler 30). This boiler is rated at 5502 MMBtu/hr. This

 process covers the combustion of residual oil in this 

 boiler.

 Emission Source/Control: 00030 - Combustion 

 Design Capacity: 5,502 million Btu per hour

Item 34.8(From Mod 0):

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

 Emission Unit: A-K0005

 Process: GTD Source Classification Code: 2-01-001-01

 Process Description: 

 This process includes one combustion turbine rated at 235

 MMBtu/hr. This process covers combustion of distillate 

 fuel oil.

 Emission Source/Control: GT001 - Combustion 

 Design Capacity: 235 million Btu per hour

Item 34.9(From Mod 0):

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

 Emission Unit: A-K0005

 Process: GTN Source Classification Code: 2-01-002-01

 Process Description: 

 This process includes one combustion turbine rated at 235

 MMBtu/hr. This process covers combustion of natural gas.

 Emission Source/Control: GT001 - Combustion 

 Design Capacity: 235 million Btu per hour

Item 34.10(From Mod 0):

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

 Emission Unit: A-K0013

 Process: EMG Source Classification Code: 2-01-001-02

 Process Description: 

 This process includes firing distillate oil in the two 

 emergency generators. Each generator is tested once per 

 week for approximately one hour. The generators will be 

 operated less than 500 hours per year.

 Emission Source/Control: 00AK2 - Combustion 

 Design Capacity: 402 horsepower (electric)

 Emission Source/Control: 00AK3 - Combustion 

 Design Capacity: 805 horsepower (electric)

Condition 3-10: Compliance Certification

 Effective between the dates of 03/20/2012 and 01/30/2013
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 54 FINAL

 Applicable Federal Requirement:6 NYCRR 227-2.4 (a) (1) (i)

Item 3-10.1:

The Compliance Certification activity will be performed for:

 Emission Unit: A-K0001

 Regulated Contaminant(s):

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

Item 3-10.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 This condition applies to natural gas/oil fired very 

 large boilers and is applicable until June 30th 2014. The

 owner or operator shall install, calibrate, maintain, and 

 operate a CEMS for the monitoring of NOx in accordance 

 with the requirements of this subpart.

 Compliance with the emission limit will be based on a 

 24-hour heat input weighted average from May 1st through 

 September 30th. Compliance with the emission limit will 

 be based on a 30-day rolling heat input weighted average 

 from October 1st through April 30th. 

 Owners or operators required to use 40 CFR Part 75 

 monitoring reference methods are required to do so. Any 

 other owners or operators may use either 40 CFR Part 60 or

 40 CFR Part 75 monitoring reference methods.

 The owner or operator will maintain records on-site for a 

 minimum of five years.

Manufacturer Name/Model Number: NOx Analyzer

Parameter Monitored: OXIDES OF NITROGEN

Upper Permit Limit: 0.25 pounds per million Btus

Reference Test Method: See monitoring description

Monitoring Frequency: CONTINUOUS

Averaging Method: AVERAGING METHOD - SEE MONITORING 

 DESCRIPTION

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 4/30/2012.

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

Condition 35: Testing, monitoring, and reporting requirements for very 

 large boilers.

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 227-2.6 (a) (1)
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 55 FINAL

Item 35.1:

This Condition applies to Emission Unit: A-K0001

Item 35.2:

The owner/operator shall measure NOx emissions with a continuous emissions monitoring

system (CEMS) as described in 6NYCRR 227-2.6(b).

Condition 3-11: Compliance Certification

 Effective between the dates of 03/20/2012 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 3-11.1:

The Compliance Certification activity will be performed for:

 Emission Unit: A-K0001

Item 3-11.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The facility will monitor the consumption of fuel and 

 maintain on a daily basis records of amounts of the fuel 

 used for the purpose of calculating the particulates 

 emissions. 

 The facility will maintain records on-site for a minimum 

 of five years. These records must be made available to 

 NYSDEC upon request.

Monitoring Frequency: DAILY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Condition 3-12: Compliance Certification

 Effective between the dates of 03/20/2012 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 3-12.1:

The Compliance Certification activity will be performed for:

 Emission Unit: A-K0001

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 56 FINAL

Item 3-12.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 This condition is necessary to ensure compliance with the

 BART requirements under EPA's Regional Haze program. 

 This Emission Unit consists of Natural gas/oil fired very 

 large boilers. Boiler # 30 will combust Natural Gas only,

 and no oil.

 Continued use of Natural Gas firing will ensure that the 

 SO2 emission rate from Boiler # 30 will remain below the 

 EPA's presumptive limit of 0.15 pound per million Btu for 

 BART. Compliance with this limit will be demonstrated 

 through the continued reporting of fuel use records under 

 40 CFR Part 75 Appendix D.

 The owner or operator will maintain records on-site for a 

 minimum of five years.

 The compliance deadline, with the emission limitation 

 listed in this condition, is January 1, 2014. Compliance 

 with the monitoring, record keeping, or reporting 

 requirements listed in this condition begins on January 1,

 2014.

Reference Test Method: 40 CFR Part 75

Monitoring Frequency: SEMI-ANNUALLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Condition 3-13: Compliance Certification

 Effective between the dates of 03/20/2012 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 3-13.1:

The Compliance Certification activity will be performed for:

 Emission Unit: A-K0001

 Regulated Contaminant(s):

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

Item 3-13.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 57 FINAL

 This condition is necessary to ensure compliance with the

 BART requirements under EPA's Regional Haze program. 

 This Emission Unit consists of Natural gas/oil fired very 

 large boilers. The owner or operator shall install, 

 calibrate, maintain, and operate a CEMS for the monitoring

 of NOx in accordance with the requirements of this 

 subpart. Boiler # 30 will combust Natural Gas only, and 

 no oil.

 Compliance with the emission limit will be based on a 

 24-hour heat input weighted average from May 1st through 

 September 30th. Compliance with the emission limit will 

 be based on a 30-day rolling heat input weighted average 

 from October 1st through April 30th. 

 The owner or operator will maintain records on-site for a 

 minimum of five years.

 The compliance deadline, with the emission limitation 

 listed in this condition, is January 1, 2014. Compliance 

 with the monitoring, record keeping, or reporting 

 requirements listed in this condition begins on January 1,

 2014. 

Manufacturer Name/Model Number: NOx Analyzer

Upper Permit Limit: 0.15 pounds per million Btus

Reference Test Method: EPA Approved

Monitoring Frequency: CONTINUOUS

Averaging Method: AVERAGING METHOD - SEE MONITORING 

 DESCRIPTION

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Condition 3-14: Compliance Certification

 Effective between the dates of 03/20/2012 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 3-14.1:

The Compliance Certification activity will be performed for:

 Emission Unit: A-K0001

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 3-14.2:

Compliance Certification shall include the following monitoring:
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 58 FINAL

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 This condition is necessary to ensure compliance with the

 BART requirements under EPA's Regional Haze program. The 

 facility's annual emissions of Particulates are being 

 limited to a maximum of 359 tons per year. 

 The emissions from this Unit will be calculated by 

 multiplying the fuel usage with the AP-42 emission factor 

 for Natural Gas combustion.

 An approved maintenance plan will be provided by the owner

 to ensure efficient operation of this Unit and to minimize

 PM emissions and opacity.

 The owner or operator will maintain records on-site for a 

 minimum of five years. These records must be made 

 available to NYSDEC upon request. 

 The compliance deadline, with the emission limitation 

 listed in this condition, is January 1, 2014. Compliance 

 with the monitoring, record keeping, or reporting 

 requirements listed in this condition begins on January 1,

 2014.

Reference Test Method: AP-42

Monitoring Frequency: SEMI-ANNUALLY

Averaging Method: ANNUAL TOTAL ROLLED DAILY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Condition 3-15: Compliance Certification

 Effective between the dates of 03/20/2012 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 249.3 (d)

Item 3-15.1:

The Compliance Certification activity will be performed for:

 Emission Unit: A-K0001

Item 3-15.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Control equipment or other emission reduction methods 

 approved by the department as BART must be installed and 

 operating no later than January 1, 2014.
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 59 FINAL

Monitoring Frequency: SINGLE OCCURRENCE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 3-16: Compliance Certification

 Effective between the dates of 03/20/2012 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 249.3 (f)

Item 3-16.1:

The Compliance Certification activity will be performed for:

 Emission Unit: A-K0001

Item 3-16.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The permit conditions (including monitoring and 

 reporting) in this permit for NOx, SO2, and/or PM10 

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

 Available Retrofit Technology (BART) Rule (6 NYCRR Part 

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

 and are state-enforceable. Federal enforceability of 

 these facility-specific requirements is effective on the 

 date on which these emission limits, as submitted to EPA 

 as a revision to New York State's Implementation Plan for 

 Regional Haze, are published in the Federal Register.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 3-17: Compliance Certification

 Effective between the dates of 03/20/2012 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 227-2.4 (c) (1) (i)

Item 3-17.1:

The Compliance Certification activity will be performed for:

 Emission Unit: A-K0003

 Regulated Contaminant(s):

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

Item 3-17.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 This condition applies to natural gas only fired mid-size
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 60 FINAL

 boilers and is applicable until June 30th 2014. The owner

 or operator shall submit a testing protocol to the 

 Department for approval a minimum of 30 days prior to any 

 stack testing.

 The owner or operator will maintain records on-site for a 

 minimum of five years.

Parameter Monitored: OXIDES OF NITROGEN

Upper Permit Limit: 0.10 pounds per million Btus

Reference Test Method: 40 CFR 60 Appendix A - method 7, 7E, or 19

Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Condition 36: Compliance Certification

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 227-2.6 (c)

Item 36.1:

The Compliance Certification activity will be performed for:

 Emission Unit: A-K0003

 Regulated Contaminant(s):

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

Item 36.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner/operator of the mid-size boiler, Emission 

 Source 00040, must perform a stack test to determine the 

 emission of oxides of nitrogen from the boiler. All stack

 test procedures must comply with the provisions of 6NYCRR 

 227-2.6(c). 

Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 37: Recordkeeping and reporting.

 Effective between the dates of 01/31/2008 and 01/30/2013

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

Item 37.1:

This Condition applies to Emission Unit: A-K0003
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 61 FINAL

Item 37.2:

The facility shall maintain reports and records

in accordance with the provisions of this

section 40 CFR 60-Dc.48c.

Condition 38: This is the optional condition for gas or distillate fired

 midsized boilers. If they opt not to use this method then

 227-2.4(c)(2) applies.

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 227-2.4 (c) (1) (i)

Item 38.1:

This Condition applies to Emission Unit: A-K0003

 Process: NG3 Emission Source: 00040

Item 38.2:

Boilers firing natural gas and/or distillate oil shall utilize low NOx Burners. 

Condition 39: Permits requirements.

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 204-1.6

Item 39.1:

This Condition applies to Emission Unit: A-K0005

Item 39.2: The NOx authorized account representative of each NOx budget unit shall submit to

the Department a complete NOx Budget permit application (as defined under Section 204-3.3)

by May 1, 2002.

Condition 40: Submissions to the Department.

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 204-2.1

Item 40.1:

This Condition applies to Emission Unit: A-K0005

Item 40.2: Each submission under the NOx Budget Trading Program shall be submitted, signed

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

behalf of which the submission is made. Each submission shall include a certification statement

(as stated in paragraph 204-2.4(a)(4)) by the NOx authorized account representative.

Condition 41: Compliance Certification

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 204-4.1
 

Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 62 FINAL

Item 41.1:

The Compliance Certification activity will be performed for:

 Emission Unit: A-K0005

Item 41.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 For each control period in which one or more NOx Budget 

 units at a source are subject to the NOx Budget emissions 

 limitation, the NOx authorized account representative of 

 the source shall submit to the Department and the 

 Administrator by November 30 of that year, a compliance 

 certification report for each source covering all such 

 units.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 42: Submission of NOx allowance transfers.

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 204-7.1

Item 42.1:

This Condition applies to Emission Unit: A-K0005

Item 42.2: The NOx authorized account representatives seeking recordation of a NOx

allowance transfer shall submit the transfer to the Administrator. To be considered

correctly submitted, the NOx allowance transfer shall include the following elements in a

format specified by the Administrator:

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

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

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

transferor account and the date signed.

Condition 43: Requirements for recertification of monitoring systems.

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 204-8.2

Item 43.1:

This Condition applies to Emission Unit: A-K0005

Item 43.2: Whenever the owner or operator makes a replacement, modification, or change in a

certified monitoring system that the Administrator or the Department determines significantly

affects the ability of the system to accurately measure or record NOx mass emissions or heat
 

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input or to meet the requirements of 40 CFR 75.21 or Appendix B to 40 CFR Part 75, the owner

or operator shall recertify the monitoring system according to 40 CFR 75.20(b). Furthermore,

whenever the owner or operator makes a replacement, modification, or change to the flue gas

handling system or the unit's operation that the Administrator or the Department determines to

significantly change the flow or concentration profile, the owner or operator shall recertify the

continuous emissions monitoring system according to 40 CFR 75.20(b). Examples of changes

which require recertification include: replacement of the analyzer, change in location or

orientation of the sampling probe or site, or changing of flow rate monitor polynomial

coefficients. 

Condition 44: Compliance Certification

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 204-8.2

Item 44.1:

The Compliance Certification activity will be performed for:

 Emission Unit: A-K0005

Item 44.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner or operator of a NOx Budget unit under 

 paragraphs (b)(2) or (b)(3) of this section must 

 determine, record and report NOx mass, heat input (if 

 required for purposes of allocations) and any other values

 required to determine NOx Mass (e.g. NOx emission rate and

 heat input or NOx concentration and stack flow) using the 

 provisions of 40 CFR 75.70(g), from the date and hour that

 the unit starts operating until all required certification

 tests are successfully completed.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 45: Out of control periods.

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 204-8.3

Item 45.1:

This Condition applies to Emission Unit: A-K0005

Item 45.2: Whenever any monitoring system fails to meet the quality assurance requirements of

Appendix B of 40 CFR Part 75, data shall be substituted using the applicable procedures in

Subpart D, Appendix D, or Appendix E of 40 CFR Part 75.
 

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Condition 46: Compliance Certification

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 204-8.4

Item 46.1:

The Compliance Certification activity will be performed for:

 Emission Unit: A-K0005

Item 46.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The Authorized Account Representative for a NOx Budget 

 unit shall submit written notice to the Department and the

 USEPA Administrator in accordance with the requirements of

 this subpart as follows:

 All monitoring plans or monitoring plan modifications; 

 compliance certifications, recertifications and quarterly 

 QA/QC reports; and, petitions for alternative monitoring, 

 shall be submitted to the USEPA Administrator (or his/her 

 representatives) as well as two copies to the Department (

 one copy to the Regional Air Pollution Control Engineer 

 (RAPCES) in the regional office and one one copy to the 

 Bureau of Compliance Monitoring and Enforcement (BCME) in 

 the DEC central office. All Authorized Account 

 Representative changes shall be sent to the NYSDEC central

 office. 

 All quarterly emission data shall be electronically filed 

 with the USEPA Clean Air Markets Division with a copy 

 (disc or hard copy) to the NYSDEC offices.

 The address for the USEPA Administrator is as 

 follows:

 USEPA Clean Air Markets Division

 401 M Street SW (6204J)

 Washington D.C. 20460

 CEM Coordinator

 USEPA-Region 2

 2890 Woodbridge Avenue

 Edison, N.J. 08837

 The address for the BCME is as follows:

 NYSDEC

 Bureau of Compliance Monitoring and Enforcement
 

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 625 Broadway, 2nd Floor

 Albany N.Y. 12233-3258

 ACR changes should be sent to the attention of: 

 

 NYSDEC

 Stationary Source Planning Section

 Bureau of Air Quality Planning

 625 Broadway, 2nd Floor

 Albany NY 12233-3251

 The address for the RAPCE is as follows:

 Hunters Point Plaza

 47-20 21st Street

 Long Island City, NY 11101-5407

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 47: Compliance Certification

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 204-8.7

Item 47.1:

The Compliance Certification activity will be performed for:

 Emission Unit: A-K0005

Item 47.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner or operator of a unit that elects to monitor 

 and report NOx Mass emissions using a NOx concentration 

 system and a flow system shall also monitor and report 

 heat input at the unit level using the procedures set 

 forth in 40 CFR Part 75.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 48: Compliance Certification

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 227-1.3

Item 48.1:

The Compliance Certification activity will be performed for:
 

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 Emission Unit: A-K0005

Item 48.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Whenever oil is fired in the Combustion Turbine, the 

 stack opacity shall not exceed 20 percent (six minute 

 average), except for one six-minute period per hour of 

 not more than 27 percent opacity. Compliance with this 

 standard shall be determined with EPA Reference Method 9. 

 For the turbine, the following shall be performed:

 1) Observe the stack for the turbine (Emission Point 

 00005) when operating on oil once per day for visible 

 emissions. This observation(s) must be conducted during 

 daylight hours except during adverse weather conditions 

 (fog, rain, or snow).

 2) The results of each observation must be recorded in a 

 bound logbook or other format acceptable to the 

 Department. The following data must be recorded for the 

 stack:

 - weather condition

 - was a plume observed?

 This logbook must be retained at the facility for five (5)

 years after the date of the last entry.

 3) If the operator observes any visible emissions (other 

 than steam - see below) two consecutive days firing oil, 

 then a Method 9 analysis (based upon a 6-minute average) 

 of the affected emission point must be conducted within 

 two (2) business days of such occurrence. The results of 

 the Method 9 analysis must be recorded in the logbook. 

 The operator must contact the Regional Air Pollution 

 Control Engineer within one (1) business day of performing

 the Method 9 analysis if the opacity standard is 

 contravened. Upon notification, any corrective actions or

 future compliance schedules shall be presented to the 

 Department for acceptance.

 **  NOTE ** Steam plumes generally form after leaving the 

 top of the stack (this is known as a detached plume). The

 distance between the stack and the beginning of the 

 detached plume may vary, however, there is (normally) a 

 distinctive distance between the plume and stack. Steam 

 plumes are white in color and have a billowy consistency. 

 Steam plumes dissipate within a short distance of the 
 

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 stack (the colder the air the longer the steam plume will 

 last) and leave no dispersion trail downwind of the 

 stack.

Monitoring Frequency: DAILY

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 49: Compliance Certification

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 227-2.6 (c)

Item 49.1:

The Compliance Certification activity will be performed for:

 Emission Unit: A-K0005

 Regulated Contaminant(s):

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

Item 49.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner/operator of the Combustion Turbine, Emission 

 Source GT001, must perform a stack test to determine the 

 emission of oxides of nitrogen from the turbine. All 

 stack test procedures must comply with the provisions of 

 6NYCRR 227-2.6(c). 

Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE

Condition 50: Compliance Certification

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 227.2 (b) (1)

Item 50.1:

The Compliance Certification activity will be performed for:

 Emission Unit: A-K0005 Emission Point: GT001

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 50.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING
 

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Monitoring Description: 

 Particulate emission limit for a stationary combustion 

 installation firing oil. The owner or operator shall 

 complete the following once per term of this permit:

 1) submit, to the Department, an acceptable protocol for 

 the testing of particulate emission limit cited in this 

 condition,

 2) perform a stack test, based upon the approved test 

 protocol, to determine compliance with the particulate 

 emission limit cited in this condition, and

 3) all records shall be maintained at the facility for a 

 minimum of five years.

Parameter Monitored: PARTICULATES

Upper Permit Limit: 0.10 pounds per million Btus

Reference Test Method: Method 5

Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2008.

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

Condition 51: Compliance Certification

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 227.2 (b) (1)

Item 51.1:

The Compliance Certification activity will be performed for:

 Emission Unit: A-K0013 Emission Point: EG001

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 51.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 Particulate emission limit for a stationary combustion 

 installation firing oil. The owner or operator shall 

 complete the following once per term of this permit:

 1) submit, to the Department, an acceptable protocol for 

 the testing of particulate emission limit cited in this 

 condition,
 

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 2) perform a stack test, based upon the approved test 

 protocol, to determine compliance with the particulate 

 emission limit cited in this condition, and

 3) all records shall be maintained at the facility for a 

 minimum of five years.

Parameter Monitored: PARTICULATES

Upper Permit Limit: 0.10 pounds per million Btus

Reference Test Method: Method 5

Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2008.

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

Condition 52: Compliance Certification

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable Federal Requirement:6 NYCRR 227.2 (b) (1)

Item 52.1:

The Compliance Certification activity will be performed for:

 Emission Unit: A-K0013 Emission Point: EG002

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 52.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 Particulate emission limit for a stationary combustion 

 installation firing oil. The owner or operator shall 

 complete the following once per term of this permit:

 1) submit, to the Department, an acceptable protocol for 

 the testing of particulate emission limit cited in this 

 condition,

 2) perform a stack test, based upon the approved test 

 protocol, to determine compliance with the particulate 

 emission limit cited in this condition, and

 3) all records shall be maintained at the facility for a 

 minimum of five years.
 

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Parameter Monitored: PARTICULATES

Upper Permit Limit: 0.10 pounds per million Btus

Reference Test Method: Method 5

Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2008.

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

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 STATE ONLY ENFORCEABLE CONDITIONS

   Facility Level ** **

 NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS

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

may also have other obligations under regulations of general applicability

Item A: General Provisions for State Enforceable Permit Terms and

 Condition - 6 NYCRR Part 201-5

 Any person who owns and/or operates stationary sources 

 shall operate and maintain all emission units and any 

 required emission control devices in compliance with all 

 applicable Parts of this Chapter and existing laws, and 

 shall operate the facility in accordance with all 

 criteria, emission limits, terms, conditions, and 

 standards in this permit. Failure of such person to 

 properly operate and maintain the effectiveness of such 

 emission units and emission control devices may be 

 sufficient reason for the Department to revoke or deny a 

 permit.

 The owner or operator of the permitted facility must 

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

 years and make them available to representatives of the 

 Department upon request. Department representatives must 

 be granted access to any facility regulated by this 

 Subpart, during normal operating hours, for the purpose of

 determining compliance with this and any other state and 

 federal air pollution control requirements, regulations or

 law.

 STATE ONLY APPLICABLE REQUIREMENTS

The following conditions are state applicable requirements and are not subject to 

compliance certification requirements unless otherwise noted or required 

 under 6 NYCRR Part 201.

Condition 53: Contaminant List

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable State Requirement:ECL 19-0301

Item 53.1:

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

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

 CAS No: 007446-09-5

 Name: SULFUR DIOXIDE
 

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 CAS No: 0NY075-00-0

 Name: PARTICULATES

 CAS No: 0NY210-00-0

 Name: OXIDES OF NITROGEN

Condition 2-3: Unavoidable noncompliance and violations

 Effective between the dates of 06/15/2010 and 01/30/2013

 Applicable State Requirement:6 NYCRR 201-1.4

Item 2-3.1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

continuous stack monitoring and quarterly reporting requirements, he need not submit reports for

equipment maintenance or start-up/shutdown for the facility to the commissioner's

representative.

(b) In the event that emissions of air contaminants in excess of any emission standard

in 6 NYCRR Chapter III Subchapter A occur due to a malfunction, the facility owner and/or

operator shall report such malfunction by telephone to the commissioner's representative as soon

as possible during normal working hours, but in any event not later than two working days after

becoming aware that the malfunction occurred. Within 30 days thereafter, when requested in

writing by the commissioner's representative, the facility owner and/or operator shall submit a

written report to the commissioner's representative describing the malfunction, the corrective

action taken, identification of air contaminants, and an estimate of the emission rates. These

reporting requirements are superceded by conditions elsewhere in this permit which contain

reporting and notification provisions for applicable requirements more stringent than those

above.

(c) The Department may also require the owner and/or operator to include in reports

described under (a) and (b) above an estimate of the maximum ground level concentration of

each air contaminant emitted and the effect of such emissions depending on the deviation of the

malfunction and the air contaminants emitted.

(d) In the event of maintenance, start-up/shutdown or malfunction conditions which

result in emissions exceeding any applicable emission standard, the facility owner and/or

operator shall take appropriate action to prevent emissions which will result in contravention of

any applicable ambient air quality standard. Reasonably available control technology, as
 

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determined by the commissioner, shall be applied during any maintenance, start-up/shutdown or

malfunction condition subject to this paragraph.

(e) In order to have a violation of a federal regulation (such as a new source performance

standard or national emissions standard for hazardous air pollutants) excused, the specific

federal regulation must provide for an affirmative defense during start-up, shutdowns,

malfunctions or upsets.

Condition 54: Unavoidable noncompliance and violations

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable State Requirement:6 NYCRR 201-1.4

Item 54.1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

continuous stack monitoring and quarterly reporting requirements, he need not submit reports for

equipment maintenance or start-up/shutdown for the facility to the commissioner's

representative.

(b) In the event that emissions of air contaminants in excess of any emission standard

in 6 NYCRR Chapter III Subchapter A occur due to a malfunction, the facility owner and/or

operator shall report such malfunction by telephone to the commissioner's representative as soon

as possible during normal working hours, but in any event not later than two working days after

becoming aware that the malfunction occurred. Within 30 days thereafter, when requested in

writing by the commissioner's representative, the facility owner and/or operator shall submit a

written report to the commissioner's representative describing the malfunction, the corrective

action taken, identification of air contaminants, and an estimate of the emission rates. These

reporting requirements are superceded by conditions elsewhere in this permit which contain

reporting and notification provisions for applicable requirements more stringent than those

above.

(c) The Department may also require the owner and/or operator to include in reports

described under (a) and (b) above an estimate of the maximum ground level concentration of

each air contaminant emitted and the effect of such emissions depending on the deviation of the

malfunction and the air contaminants emitted.

(d) In the event of maintenance, start-up/shutdown or malfunction conditions which

result in emissions exceeding any applicable emission standard, the facility owner and/or
 

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operator shall take appropriate action to prevent emissions which will result in contravention of

any applicable ambient air quality standard. Reasonably available control technology, as

determined by the commissioner, shall be applied during any maintenance, start-up/shutdown or

malfunction condition subject to this paragraph.

(e) In order to have a violation of a federal regulation (such as a new source performance

standard or national emissions standard for hazardous air pollutants) excused, the specific

federal regulation must provide for an affirmative defense during start-up, shutdowns,

malfunctions or upsets.

Condition 2-4: Air pollution prohibited

 Effective between the dates of 06/15/2010 and 01/30/2013

 Applicable State Requirement:6 NYCRR 211.2

Item 2-4.1:

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

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

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

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

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

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

Condition 55: Air pollution prohibited

 Effective between the dates of 01/31/2008 and 01/30/2013

 Applicable State Requirement:6 NYCRR 211.2

Item 55.1:

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

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

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

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

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

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

Condition 3-18: Visible Emissions Limited

 Effective between the dates of 03/20/2012 and 01/30/2013

 Applicable State Requirement:6 NYCRR 211.2

Item 3-18.1:

Except as permitted by a specific part of this Subchapter and for open fires for which a restricted

burning permit has been issued, no person shall cause or allow any air contamination source to

emit any material having an opacity equal to or greater than 20 percent (six minute average)

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

Condition 1-18: CO2 Budget Trading Program - Excess emission requirements

 Effective between the dates of 02/01/2010 and 01/30/2013

 Applicable State Requirement:6 NYCRR 242-1.5
 

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Item 1-18.1:

The owners and operators of a CO2 budget source that has excess emissions in any control

period shall:

(1) forfeit the CO2 allowances required for deduction under 6 NYCRR Part 242-6.5(d)(1),

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

(2) pay any fine, penalty, or assessment or comply with any other remedy imposed under 6

NYCRR Part 242-6.5(d)(2).

Condition 1-19: Compliance Demonstration

 Effective between the dates of 02/01/2010 and 01/30/2013

 Applicable State Requirement:6 NYCRR 242-1.5

Item 1-19.1:

The Compliance Demonstration activity will be performed for the Facility.

Item 1-19.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owners and operators and, to the extent applicable, 

 the CO2 authorized account representative of each CO2 

 budget source and each CO2 budget unit at the source shall

 comply with the monitoring requirements of Subpart 242-8. 

 The emissions measurements recorded and reported in 

 accordance with Subpart 242-8 of this Part shall be used 

 to determine compliance by the unit with the following CO2

 requirements:

 (1) The owners and operators of each CO2 budget source and

 each CO2 budget unit at the source shall hold CO2 

 allowances available for compliance deductions under 

 Section 242-6.5, as of the CO2 allowance transfer 

 deadline, in the source's compliance account in an amount 

 not less than the total CO2 emissions for the control 

 period from all CO2 budget units at the source, as 

 determined in accordance with Subparts 242-6 and 

 242-8.

 (2) Each ton of CO2 emitted in excess of the CO2 budget 

 emissions limitation shall constitute a separate violation

 of this Part and applicable state law.

 (3) A CO2 budget unit shall be subject to the requirements

 specified in item 1 starting on the later, of January 1, 

 2009 or the date on which the unit commences 

 operation.

 (4) CO2 allowances shall be held in, deducted from, or 

 transferred among CO2 Allowance Tracking System accounts 

 in accordance with Subparts 242-5, 242-6, and 242-7, and 
 

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 Section 242-10.7.

 (5) A CO2 allowance shall not be deducted, in order to 

 comply with the requirements specified in item 1, for a 

 control period that ends prior to the allocation year for 

 which the CO2 allowance was allocated. A CO2 offset 

 allowance shall not be deducted, in order to comply with 

 the requirements under item 1, beyond the applicable 

 percent limitations set out in 6NYCRR Part 

 242-6.5(a)(3).

 (6) A CO2 allowance under the CO2 Budget Trading Program 

 is a limited authorization by the Department or a 

 participating state to emit one ton of CO2 in accordance 

 with the CO2 Budget Trading Program. No provision of the 

 CO2 Budget Trading Program, the CO2 budget permit 

 application, or the CO2 budget permit or any provision of 

 law shall be construed to limit the authority of the 

 Department or a participating state to terminate or limit 

 such authorization.

 (7) A CO2 allowance under the CO2 Budget Trading Program 

 does not constitute a property right.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2010.

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

Condition 1-20: Compliance Demonstration

 Effective between the dates of 02/01/2010 and 01/30/2013

 Applicable State Requirement:6 NYCRR 242-1.5

Item 1-20.1:

The Compliance Demonstration activity will be performed for the Facility.

Item 1-20.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owners and operators of the CO2 budget source and 

 each CO2 budget unit at the source shall keep on site at 

 the source each of the following documents for a period of

 10 years from the date the document is created. This 

 period may be extended for cause, at any time prior to the

 end of 10 years, in writing by the department.

 (i) The account certificate of representation for the CO2 
 

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 authorized account representative for the source and each 

 CO2 budget unit at the source and all documents that 

 demonstrate the truth of the statements in the account 

 certificate of representation, in accordance with 6 NYCRR 

 Part 242-2.4, provided that the certificate and documents 

 shall be retained on site at the source beyond such 

 10-year period until such documents are superseded because

 of the submission of a new account certificate of 

 representation.

 (ii) All emissions monitoring information, in accordance 

 with Subpart 242-8 and 40 CFR 75.57.

 (iii) Copies of all reports, compliance certifications, 

 and other submissions and all records made or required 

 under the CO2 Budget Trading Program.

 (iv) Copies of all documents used to complete a CO2 budget

 permit application and any other submission under the CO2 

 Budget Trading Program or to demonstrate compliance with 

 the requirements of the CO2 Budget Trading Program.

 The CO2 authorized account representative of a CO2 budget 

 source and each CO2 budget unit at the source shall submit

 the reports and compliance certifications required under 

 the CO2 Budget Trading Program, including those under 

 Subpart 242-4.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2010.

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

   Emission Unit Level ** **

Condition 3-19: Compliance Demonstration

 Effective between the dates of 03/20/2012 and 01/30/2013

 Applicable State Requirement:6 NYCRR 227-2.4 (a) (1) (ii)

Item 3-19.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: A-K0001

 Regulated Contaminant(s):

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

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Item 3-19.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 This condition applies to natural gas/oil fired very 

 large boilers. The owner or operator shall install, 

 calibrate, maintain, and operate a CEMS for the monitoring

 of NOx in accordance with the requirements of this 

 subpart.

 Compliance with the emission limit will be based on a 

 24-hour heat input weighted average from May 1st through 

 September 30th. Compliance with the emission limit will 

 be based on a 30-day rolling heat input weighted average 

 from October 1st through April 30th. 

 Owners or operators required to use 40 CFR Part 75 

 monitoring reference methods are required to do so. Any 

 other owners or operators may use either 40 CFR Part 60 or

 40 CFR Part 75 monitoring reference methods.

 The owner or operator will maintain records on-site for a 

 minimum of five years.

 The compliance deadline, with the emission limitation 

 listed in this condition, is July, 1 2014. Compliance 

 with the monitoring, record keeping, or reporting 

 requirements listed in this condition begins on July, 1 

 2014.

Manufacturer Name/Model Number: NOx Analyzer

Parameter Monitored: OXIDES OF NITROGEN

Upper Permit Limit: 0.15 pounds per million Btus

Reference Test Method: See monitoring description

Monitoring Frequency: CONTINUOUS

Averaging Method: AVERAGING METHOD - SEE MONITORING 

 DESCRIPTION

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 4/30/2012.

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

Condition 3-20: Compliance Demonstration

 Effective between the dates of 03/20/2012 and 01/30/2013

 Applicable State Requirement:6 NYCRR 227-2.4 (c) (1) (ii)

Item 3-20.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: A-K0003
 

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 Regulated Contaminant(s):

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

Item 3-20.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 This condition applies to natural gas only fired mid-size

 boilers. The owner or operator shall submit a testing 

 protocol to the Department for approval a minimum of 30 

 days prior to any stack testing.

 The owner or operator will maintain records on-site for a 

 minimum of five years.

 The compliance deadline, with the emission limitation 

 listed in this condition, is July, 1 2014. Compliance 

 with the monitoring, record keeping, or reporting 

 requirements listed in this condition begins on July, 1 

 2014.

Parameter Monitored: OXIDES OF NITROGEN

Upper Permit Limit: 0.05 pounds per million Btus

Reference Test Method: 40 CFR 60 Appendix A - Method 7, 7E, or 19

Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

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