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 ISL AND 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 HEADQUARTERSFacility 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 6NY CRR 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) 482-4997Permit 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: 01/30/2013Permit 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 Cond ition - 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 requirementsPermit 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 responsibi lities 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: Reco rdkeeping and reporting.
EU=A-K0003,Proc=NG3,ES=00040 38 6 NYCRR 227-2.4 (c) (1) (i): This is the optional cond ition 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 DemonstrationPermit 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 ** ** Fac ility 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: Em ergency Defens e - 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 faci lities 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: Seve rability - 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: Reopen ing 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 isPermit 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 YorkPermit 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

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 11 FINAL 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.Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 12 FINAL 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 containedPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 13 FINAL 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 andPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 14 FINAL 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 requirementsPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 15 FINAL 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 onlyPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 16 FINAL 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

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 17 FINAL 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, anyPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 18 FINAL 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 Renewal 1/Mod 3/Active Page 19 FINAL 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)Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 20 FINAL 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 quan tities 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 Federa l 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-K0001Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 21 FINAL 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): TURBINERMPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 22 FINAL 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 suchPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 23 FINAL 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 SPECIFICPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 24 FINAL 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 01/30/2013Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions 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/QualityPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 26 FINAL 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.Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 27 FINAL 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 ConditionPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions 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 OperationsPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 29 FINAL 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 OperationPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 30 FINAL 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 willPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions 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 eachPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 32 FINAL 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.Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 33 FINAL 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,Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

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

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 35 FINAL '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).Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 36 FINAL 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;Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 37 FINAL (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 Federa l 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 unti l 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.Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 38 FINAL (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 Federa l 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 Federa l 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:Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 39 FINAL 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 inPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 40 FINAL 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.Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 41 FINAL 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 Federa l 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 01/30/2013Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 42 FINAL Applicable Federa l 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 r eceipt 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 Federa l 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) designatedPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 43 FINAL 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 continuousPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 44 FINAL 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 thePermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 45 FINAL 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 TOTALPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 46 FINAL 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,Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 47 FINAL (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’sPermit 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 01/30/2013Permit 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 CFRPermit 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 Federa l 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 01/30/2013Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 51 FINAL Applicable Federa l 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 hourPermit 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 boilerPermit 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 01/30/2013Permit 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 DIOXIDEPermit 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 n ecessary 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 n ecessary 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 n ecessary 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-sizePermit 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-K0003Permit 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 204-4.1Permit 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 heatPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 63 FINAL 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.Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 64 FINAL 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 EnforcementPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 65 FINAL 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:Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 66 FINAL 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 thePermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 67 FINAL 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 TESTINGPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 68 FINAL 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,Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 69 FINAL 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.Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 70 FINAL 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).Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 71 FINAL STATE ONLY ENFORCEABLE CONDITIONS   Fac ility 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 DIOXIDEPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 72 FINAL 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, asPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 73 FINAL 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/orPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 74 FINAL 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 242-1.5Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 75 FINAL 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, andPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 76 FINAL 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 CO2Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 77 FINAL 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 NITROGENPermit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 78 FINAL 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-K0003Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 79 FINAL 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).Permit ID: 2-6403-00014/00031 Facility DEC ID: 2640300014

Air Pollution Control Permit Conditions Renewal 1/Mod 3/Active Page 80 FINAL