Alabama Ptlwer Cothpany. J .H. Miller, Jr. Steam-Electric Generating Plant 

Permit No. -t-07-0011-03 

3. FGD Operation 

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The permittee shall have installed and commenced operation of a Flue Gas 

Desulfurization System (FGD), also called a scrubber, on each of Plant Miller Units 3 

and 4 by December 31, 2011. 

The permittee shall operate each FGD on Plant Miller Units 3 and 4 on a year round 

basis consistent with the technological limitations, manufacturers' specifications, and 

good engineering and maintenance practices for the FGD and so as to minimize S02 

emissions to the extent reasonably practicable. 

[n determining 30-day Average Removal Efficiencies for S02 under the Partial Consent 

Decree, the permittee shall use 40 CFR Part 60 appendix A. Method 19, Section 12.5.3 

and data from CEMS operated in accordance with 40 hf& Part 75 using S02 CEMS 

data from both the inlet and outlet of the control device; however, the missing data 

substitution procedures in 40 QER.Part 75 shall not apply to such determinations. For 

each 30-day period which begins on or after December3 l, 2011, the permittee shall 

comply with a 30-Day Rolling Average Removal Efficiency of 95% for S02 for each of 

Plant Miller Units 3 and 4. However, in the event the permittee chooses to combust coal 

with a sulfur content greater than I% sulfur by weight, a 30-Day Rolling Average 

Removal Efficiency of not less than 90% shall be established. In the event the permittee 

chooses to revert to combusting coal with a sulfur content less than I% sulfur by weight, 

the permittee shall revert to complying with the 30-Day Rolling Average Removal 

Efficiency of 95% beginning with the first 30-day period available after the change in 

coal. 

For the purposes of compliance with these limits: 

A "30-Day Rolling Average Removal Efficiency" means the percent reduction of the 

pollutant in question achieved by a unit's pollution control device over a 30-day period 

as determined by 40 CFR Part 60 Appendix A. Method 19, Section 12.5.3. A new 30-

Day Rolling Average Removal Efficiency shall be calculated for each new Operating 

Day. Each 30-0ay Rolling Average Removal Efficiency shall exclude all emissions that 

occur during any period of malfunction (as defined in 40 CFR 60.2) of the FGD. An 

"Operating Day" means any calendar day on which a Unit fires Fossil Fuel 

Only in the event the permittee chooses to combust coal with a sulfur content greater 

than I% ~ulfur by weight, the permittee shall evaluate the 30-Day Rolling Average 

Removal Efficiency that it can consistently achieve at Plant Nfiller Units 3 and 4 over a 

12-month period (the "502 Trial Period") that shall begin when the permittee first begins 

combusting such coal. During the S02 Trial Period. and until the new 30-Day Rolling 

Average Removal Efficiency is established, the permittee 'ihall comply with a JO-Day 

Rolling Average Removal Efficiency of at least 90%. 

Promptly after it has been finally determined, the 30-Day Rolling Average Removal 

Efficiency for Plant Miller Units 3 and 4 that shall apply under this permit for the future 

operation of the Plant Miller Units 3 and 4 (when cornbusting the type of coal 

combusted during the S02 Trial Period) shall be jointly submitted to the court by the 

parties as a modification co the Decree -;o long as the Partial Consent Decree remains 

Page 24 

Partial Consent 

Decree, 

Paragraph 40 

Partial Consent 

Decree, 

Paragraph 41 

Partial Consent 

Decree, 

Paragraphs 42 

and43 

Partial Consent 

Decree, 

Paragraphs 5 

and 22 

Partial Consent 

Decree, 

Paragraph 44 

Partial Consent 

Decree. 

Paragraph 49 

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