Facility DEC ID: 2620200032

 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: 2-6202-00032/00013

 Mod 0 Effective Date: 05/16/2008 Expiration Date: 05/15/2013

 Mod 1 Effective Date: 05/16/2008 Expiration Date: No expiration date.

 Mod 2 Effective Date: 10/14/2011 Expiration Date: 05/15/2013

 Mod 3 Effective Date: 03/20/2012 Expiration Date: 05/15/2013

Permit Issued To:CONSOLIDATED EDISON COMPANY OF NEW YORK INC

 4 IRVING PL

 NEW YORK, NY 10003-3502

Contact: FEMI OGUNSOLA

 CONSOLIDATED EDISON CO OF NY INC

 4 IRVING PL - 15FL NE

 NEW YORK, NY 10003-3502

 (212) 460-1223

Facility: CON ED-59TH ST STATION

 850 12TH AVE

 NEW YORK, NY 10019

Contact: FEMI OGUNSOLA

 CONSOLIDATED EDISON CO OF NY INC

 4 IRVING PL - 15FL NE

 NEW YORK, NY 10003-3502

 (212) 460-1223

Description:

Con Edison 59th Street Station operates two (2) very large boilers(114,& 115),

each rated at 805 MMBtu/hr boilers, three (3) large boilers, each rated at 180

MMBtu/hr boilers, and one (1) 220 MMBtu/hr combustion turbine. The boilers

burn residual oil as well as natural gas. The combustion turbine burns distillate

oil and natural gas. All boilers are used to generate steam only. 

This modification is to include emission limits for Oxideds of Nitrogen(NOx),

Sulfur Dioxide(SO2) and Particulate Matter (PM) established under 6 NYCRR

Paer 249, based on New York's Best Available Retrofit Technology(BART)

Rule. The boilers 114 and 115 are BART- eligible sources, and the emission

limits are based on the Con Edison's BART analysis.
 

Facility DEC ID: 2620200032

 DEC Permit Conditions

 Renewal 1/Mod 3/FINAL Page 2

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

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

Special Conditions included as part of this permit.

Permit Administrator: JOHN F CRYAN

 NYSDEC

 47-40 21ST ST

 LONG ISLAND CITY, NY 11101-5407

Authorized Signature: _________________________________ Date: ___ / ___ / _____
 

Facility DEC ID: 2620200032

 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: 2620200032

 DEC Permit Conditions

 Renewal 1/Mod 3/FINAL Page 4

 LIST OF CONDITIONS

 

 DEC GENERAL CONDITIONS

 General Provisions

 Facility Inspection by the Department

 Relationship of this Permit to Other Department Orders and

 Determinations

 Applications for permit renewals, modifications and transfers

 Permit modifications, suspensions or revocations by the Department

 Permit modifications, suspensions or revocations by the Department

 Permit modifications, suspensions or revocations by the Department

 Facility Level

 Submission of application for permit modification or renewal -

 REGION 2 HEADQUARTERS
 

Facility DEC ID: 2620200032

 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
 

Facility DEC ID: 2620200032

 DEC Permit Conditions

 Renewal 1/Mod 3/FINAL Page 6

submitted prior to actual transfer of ownership.

Condition 2-1: Permit modifications, suspensions or revocations by the

Department

 Applicable State Requirement: 6 NYCRR 621.13

Item 2-1.1:

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

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

suspension or revocation include:

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

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

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

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

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

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

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

the permitted activity.

Condition 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 2-2: Permit modifications, suspensions or revocations by the

Department

 Applicable State Requirement: 6 NYCRR 621.13

Item 2-2.1:

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;
 

Facility DEC ID: 2620200032

 DEC Permit Conditions

 Renewal 1/Mod 3/FINAL Page 7

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 Level  

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

 HEADQUARTERS

 Applicable State Requirement: 6 NYCRR 621.6 (a)

Item 5.1:

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

 NYSDEC Regional Permit Administrator 

 Region 2 Headquarters

 Division of Environmental Permits

 1 Hunters Point Plaza, 4740 21st Street

 Long Island City, NY 11101-5407 

 (718) 482-4997 
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 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:CONSOLIDATED EDISON COMPANY OF NEW YORK INC

 4 IRVING PL

 NEW YORK, NY 10003-3502

Facility: CON ED-59TH ST STATION

 850 12TH AVE

 NEW YORK, NY 10019

Authorized Activity By Standard Industrial Classification Code:

 4911 - ELECTRIC SERVICES

 4961 - STEAM SUPPLY

Mod 0 Permit Effective Date: 05/16/2008 Permit Expiration Date: 05/15/2013

Mod 2 Permit Effective Date: 10/14/2011 Permit Expiration Date: 05/15/2013

Mod 3 Permit Effective Date: 03/20/2012 Permit Expiration Date: 05/15/2013
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 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

 2-1 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

 2-2 6 NYCRR 215.2: Open Fires - Prohibitions

 10 6 NYCRR 200.7: Maintenance of Equipment

 11 6 NYCRR 201-1.7: Recycling and Salvage

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

 Contaminants to the air

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

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

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

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

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

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

 2-3 6 NYCRR 202-1.1: Required Emissions Tests

 21 6 NYCRR 211.3: Compliance Certification

 22 40 CFR Part 68: Accidental release provisions.

 23 40CFR 82, Subpart F: Recycling and Emissions Reduction

 24 6 NYCRR 200.3: False statement

 25 6 NYCRR Subpart 201-3: Statement of Applicability to Regulation

 26 6 NYCRR Subpart 201-6: Emission Unit Definition

 27 6 NYCRR 201-6.5 (g): Non Applicable requirements

 34 6 NYCRR Part 207: Submittal of Episode Action Plans

 2-4 6 NYCRR 211.1: Air pollution prohibited

 35 6 NYCRR 225-1.4: Temporary variances.

 36 6 NYCRR 225-1.8: Compliance Certification

 37 6 NYCRR 225.1 (a) (3): Compliance Certification

 38 6 NYCRR 225.1 (a) (3): Compliance Certification

 39 6 NYCRR 227-1.3: Compliance Certification

 40 6 NYCRR 227-2.5 (b): Compliance Certification

 41 6 NYCRR 227-2.6 (c) (2): Compliance Certification

 42 6 NYCRR 227-2.6 (c) (2): Compliance Certification

 43 6 NYCRR 243-1.6 (a): Permit Requirements

 44 6 NYCRR 243-1.6 (b): Monitoring requirements

 45 6 NYCRR 243-1.6 (c): NOx Ozone Season Emission Requirements

 46 6 NYCRR 243-1.6 (d): Excess emission requirements

 47 6 NYCRR 243-1.6 (e): Recordkeeping and reporting requirements
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 3 FINAL

 48 6 NYCRR 243-2.1: Authorization and responsibilities of CAIR 

 designated representative

 49 6 NYCRR 243-2.4: Certificate of representation

 51 6 NYCRR 243-8.1: General requirements

 52 6 NYCRR 243-8.1: Prohibitions

 50 6 NYCRR 243-8.3: Out of control periods

 53 6 NYCRR 243-8.5 (d): Quarterly reports

 54 6 NYCRR 243-8.5 (e): Compliance certification

 3-1 6 NYCRR 249.3 (d): Compliance Certification

 Emission Unit Level

 55 6 NYCRR Subpart 201-6: Emission Point Definition By Emission Unit

 56 6 NYCRR Subpart 201-6: Process Definition By Emission Unit

 EU=5-90005

 57 6 NYCRR 227-1.3: Compliance Certification

 EU=5-90005,EP=GT001

 58 6 NYCRR 227.2 (b) (1): Compliance Certification

 EU=5-90005,EP=GT001,Proc=GTN,ES=GT001

 2-5 6 NYCRR 227-1.3 (a): Compliance Certification

 EU=5-90020

 61 6 NYCRR 225-1.7 (c): Compliance Certification

 62 6 NYCRR 225-1.7 (e): Sulfur in fuel exception reporting

 63 6 NYCRR 227-1.3: Compliance Certification

 64 6 NYCRR 227-2.6 (a) (1): Testing, monitoring, and reporting 

 requirements for very large boilers.

 3-2 6 NYCRR 249.3 (a): Compliance Certification

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

 3-4 6 NYCRR 249.3 (a): Compliance Certification

 3-5 6 NYCRR 249.3 (f): Compliance Certification

 EU=5-90020,EP=00001

 65 6 NYCRR 227.2 (b) (1): Compliance Certification

 STATE ONLY ENFORCEABLE CONDITIONS

 Facility Level

 66 ECL 19-0301: Contaminant List

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

 2-7 6 NYCRR 211.2: Visible Emissions Limited

 Emission Unit Level

 EU=5-90005

 2-8 6 NYCRR 201-6.6 (a): Compliance Demonstration
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 4 FINAL

 FEDERALLY ENFORCEABLE CONDITIONS

 ** ** Facility Level  

 NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS

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

 requirements under Title V. Permittees may also have other obligations

 under regulations of general applicability.

Item A: Emergency Defense - 6 NYCRR 201-1.5

 An emergency constitutes an affirmative defense to an 

 action brought for noncompliance with emissions 

 limitations or permit conditions for all facilities in New

 York State.

 (a) The affirmative defense of emergency shall be 

 demonstrated through properly signed, contemporaneous 

 operating logs, or other relevant evidence that:

 (1) An emergency occurred and that the facility owner 

 and/or

 operator can identify the cause(s) of the 

 emergency;

 (2) The equipment at the permitted facility causing the

 emergency was at the time being properly operated;

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

 and/or operator took all reasonable steps to minimize 

 levels of emissions that exceeded the emission standards, 

 or other requirements in the permit; and

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

 Department

 within two working days after the event occurred. This 

 notice must contain a description of the emergency, any 

 steps taken to mitigate emissions, and corrective actions 

 taken.

 (b) In any enforcement proceeding, the facility owner 

 and/or operator seeking to establish the occurrence of an 

 emergency has the burden of proof.

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

 upset provision contained in any applicable requirement.

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

 NYCRR 201-1.10 (b)

 The Department will make available to the public any 

 permit application, compliance plan, permit, and 

 monitoring and compliance certification report pursuant to

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

 to confidential treatment pursuant to 6 NYCRR Part 616 - 

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

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 5 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: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 6 FINAL

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

 If any provisions, parts or conditions of this permit are

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

 remainder of this permit shall continue to be valid.

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

 All permittees granted a Title V facility permit shall be

 covered under the protection of a permit shield, except as

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

 conditions of the permit shall be deemed compliance with 

 any applicable requirements as of the date of permit 

 issuance, provided that such applicable requirements are 

 included and are specifically identified in the permit, or

 the Department, in acting on the permit application or 

 revision, determines in writing that other requirements 

 specifically identified are not applicable to the major 

 stationary source, and the permit includes the 

 determination or a concise summary thereof. Nothing herein

 shall preclude the Department from revising or revoking 

 the permit pursuant to 6 NYCRR Part 621 or from exercising

 its summary abatement authority. Nothing in this permit 

 shall alter or affect the following:

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

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

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

 immediately restrain any person causing or contributing to

 pollution presenting an imminent and substantial 

 endangerment to public health, welfare or the environment 

 to stop the emission of air pollutants causing or 

 contributing to such pollution;

 ii. The liability of a permittee of the Title V 

 facility for any violation of applicable requirements 

 prior to or at the time of permit issuance;

 iii. The applicable requirements of Title IV of the 

 Act;

 iv. The ability of the Department or the Administrator

 to obtain information from the permittee concerning the 

 ability to enter, inspect and monitor the facility.

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

 This Title V permit shall be reopened and revised under 

 any of the following circumstances:

 i. If additional applicable requirements under the Act

 become applicable where this permit's remaining term is 
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 7 FINAL

 three or more years, a reopening shall be completed not 

 later than 18 months after promulgation of the applicable 

 requirement. No such reopening is required if the 

 effective date of the requirement is later than the date 

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

 permit or any of its terms and conditions has been 

 extended by the Department pursuant to the provisions of 

 Part 201-6.7 and Part 621.

 ii. The Department or the Administrator determines 

 that the permit contains a material mistake or that 

 inaccurate statements were made in establishing the 

 emissions standards or other terms or conditions of the 

 permit.

 iii. The Department or the Administrator determines 

 that the Title V permit must be revised or reopened to 

 assure compliance with applicable requirements.

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

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

 additional requirements (including excess emissions 

 requirements) become applicable. Upon approval by the 

 Administrator, excess emissions offset plans shall be 

 deemed to be incorporated into the permit.

 Proceedings to reopen and issue Title V facility permits 

 shall follow the same procedures as apply to initial 

 permit issuance but shall affect only those parts of the 

 permit for which cause to reopen exists.

 Reopenings shall not be initiated before a notice of such

 intent is provided to the facility by the Department at 

 least thirty days in advance of the date that the permit 

 is to be reopened, except that the Department may provide

 a shorter time period in the case of an emergency.

Item L: Permit Exclusion - ECL 19-0305

 The issuance of this permit by the Department and the 

 receipt thereof by the Applicant does not and shall not be

 construed as barring, diminishing, adjudicating or in any 

 way affecting any legal, administrative or equitable 

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

 demands whatsoever that the Department may have against 

 the Applicant for violations based on facts and 

 circumstances alleged to have occurred or existed prior to

 the effective date of this permit, including, but not 

 limited to, any enforcement action authorized pursuant to 

 the provisions of applicable federal law, the 

 Environmental Conservation Law of the State of New York 

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

 Codes, Rules and Regulations of the State of New York 
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 8 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 05/16/2008 and 05/15/2013

 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 2-1: Fees

 Effective between the dates of 10/14/2011 and 05/15/2013

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

Item 2-1.1:

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 3: Recordkeeping and reporting of compliance monitoring

 Effective between the dates of 05/16/2008 and 05/15/2013

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

Item 3.1:
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 9 FINAL

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

reports:

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

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

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

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

procedures if required;

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

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

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

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

201.

Condition 4: Monitoring, Related Recordkeeping, and Reporting 

 Requirements.

 Effective between the dates of 05/16/2008 and 05/15/2013

 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 05/16/2008 and 05/15/2013

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

Item 5.1:

The Compliance Certification activity will be performed for the Facility.

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 
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 10 FINAL

 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.

 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 
 

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 used. A written notice, certified by a responsible 

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

 be submitted within 10 working days of an occurrence for 

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

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

 must also be identified in the 6 month monitoring report 

 required above.

 If the permittee seeks to have a violation excused as 

 provided in 201-1.4, the permittee shall report such 

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

 case may reports of any deviation be on a less frequent 

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

 above. In order to have a violation of a federal 

 regulation (such as a new source performance standard or 

 national emissions standard for hazardous air pollutants) 

 excused, the specific federal regulation must provide for 

 an affirmative defense during start-up, shutdowns, 

 malfunctions or upsets. 

 In the case of any condition contained in this permit 

 with a reporting requirement of "Upon request by 

 regulatory agency" the permittee shall include in the 

 semiannual report, a statement for each such condition 

 that the monitoring or recordkeeping was performed as 

 required or requested and a listing of all instances of 

 deviations from these requirements.

 In the case of any emission testing performed during the 

 previous six month reporting period, either due to a 

 request by the Department, EPA, or a regulatory 

 requirement, the permittee shall include in the semiannual

 report a summary of the testing results and shall indicate

 whether or not the Department or EPA has approved the 

 results.

 All semiannual reports shall be submitted to the 

 Administrator (or his or her representative) as well as 

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

 pollution control engineer (RAPCE) in the regional office 

 and one copy to the Bureau of Compliance Monitoring and 

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

 addresses for the above referenced persons are contained 

 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
 

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 Effective between the dates of 05/16/2008 and 05/15/2013

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

Item 6.1:

The Compliance Certification activity will be performed for the Facility.

Item 6.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Compliance certifications shall contain the following 

 information:

 - the identification of each term or condition of the 

 permit that is the basis of the certification;

 - the compliance status;

 - whether compliance was continuous or intermittent;

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

 of the facility, currently and over the reporting period 

 consistent with the monitoring and related recordkeeping 

 and reporting requirements of this permit;

 - such other facts as the Department may require to 

 determine the compliance status of the facility as 

 specified in any special permit terms or conditions; 

 and

 - such additional requirements as may be specified 

 elsewhere in this permit related to compliance 

 certification.

 Compliance certifications shall be submitted annually. 

 Certification reports are due 30 days after the 

 anniversary date of four consecutive calendar quarters. 

 The first report is due 30 days after the calendar quarter

 that occurs just prior to the permit anniversary date, 

 unless another quarter has been acceptable by the 

 Department.

 All compliance certifications shall be submitted to the 

 Administrator (or his or her representative) as well as 

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

 pollution control engineer (RAPCE) in the regional office 

 and one copy to the Bureau of Compliance Monitoring and 

 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
 

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 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 1/30/2009.

Subsequent reports are due on the same day each year

Condition 7: Compliance Certification

 Effective between the dates of 05/16/2008 and 05/15/2013

 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. Statements are to be mailed to: New York State 

 Department of Environmental Conservation, Division of Air 

 Resources, Bureau of Air Quality Planning, 625 Broadway, 

 Albany NY 12233-3251

Monitoring Frequency: ANNUALLY

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due by April 15th for previous calendar year

Condition 8: Recordkeeping requirements

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 202-2.5

Item 8.1:

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

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

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

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

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

department upon request during normal business hours.

Condition 9: Open Fires Prohibited at Industrial and Commercial Sites

 Effective between the dates of 05/16/2008 and 05/15/2013

 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 2-2: Open Fires - Prohibitions

 Effective between the dates of 10/14/2011 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 215.2

Item 2-2.1: 

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

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

Item 2-2.2

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

will be allowed as follows:

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

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

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

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

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

allow burning within any village.

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

for cooking or processing food.

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

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

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

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

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

being fully burned within a 24-hour period.

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

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

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
 

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police or other public safety organization.

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

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

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

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

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

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

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

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

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

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

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

plant and insect species.

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

or by rule or regulation of the Department.

 MANDATORY FEDERALLY ENFORCEABLE PERMIT CONDITIONS 

 SUBJECT TO ANNUAL CERTIFICATIONS ONLY IF APPLICABLE

 The following federally enforceable permit conditions are mandatory for all 

 Title V permits and are subject to annual compliance certification 

 requirements only if effectuated during the reporting period.

 [NOTE: The corresponding annual compliance certification for 

 those conditions not effectuated during the reporting period shall 

 be specified as "not applicable".]

Condition 10: Maintenance of Equipment

 Effective between the dates of 05/16/2008 and 05/15/2013

 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 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 201-1.7

Item 11.1:

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
 

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 Effective between the dates of 05/16/2008 and 05/15/2013

 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 05/16/2008 and 05/15/2013

 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 05/16/2008 and 05/15/2013

 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 05/16/2008 and 05/15/2013

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

Item 15.1:

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

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.
 

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Condition 16: General Condition - Right to Inspect

 Effective between the dates of 05/16/2008 and 05/15/2013

 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 05/16/2008 and 05/15/2013

 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 05/16/2008 and 05/15/2013

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

Item 18.1:

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
 

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(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 2-3: Required Emissions Tests

 Effective between the dates of 10/14/2011 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 202-1.1

Item 2-3.1:

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

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

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

Condition 21: Compliance Certification

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 211.3

Item 21.1:

The Compliance Certification activity will be performed for the Facility.

Item 21.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 Except as permitted by a specific part of Title 6 of the 

 NYCRR, 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.

 Operators of air contamination sources that are not exempt

 from permitting and where a continuous opacity monitor is 

 not utilized for measuring smoke emissions, shall be 

 required to perform the following:

 1) Observe the stack(s) or vent(s) once per day for 

 visible emissions. This observation(s) must be conducted 
 

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 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 each 

 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, then a 

 Method 9 analysis (based upon a 6-minute mean) of the 

 affected emission point(s) must be conducted within two 

 (2) business days of such occurrence. The results of the 

 Method 9 analysis must be recorded in the logbook. The 

 operator must contact the Regional Air Pollution Control 

 Engineer within one (1) business day of performing the 

 Method 9 analysis if the opacity standard is contravened. 

 Upon notification, any corrective actions or future 

 compliance schedules shall be presented to the Department 

 for acceptance.

 **  NOTE ** Steam plumes generally form after leaving the 

 top of the stack (this is known as a detached plume). The

 distance between the stack and the beginning of the 

 detached plume may vary, however, there is (normally) a 

 distinctive distance between the plume and stack. Steam 

 plumes are white in color and have a billowy consistency. 

 Steam plumes dissipate within a short distance of the 

 stack (the colder the air the longer the steam plume will 

 last) and leave no dispersion trail downwind of the 

 stack.

Parameter Monitored: OPACITY

Upper Permit Limit: 20 percent

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 6 MINUTE AVERAGE

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 22: Accidental release provisions.

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:40 CFR Part 68

Item 22.1:

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

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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 23: Recycling and Emissions Reduction

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:40CFR 82, Subpart F

Item 23.1:

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 24: False statement

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 200.3

Item 24.1:

No person shall make a false statement in connection with applications, plans, specifications

and/or reports submitted pursuant to this Subchapter.

Condition 25: Statement of Applicability to Regulation

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR Subpart 201-3

Item 25.1:

The requirements of 6 NYCRR Subpart 201-3 apply to all exempt and trivial activities at this

facility.
 

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Condition 26: Emission Unit Definition

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 26.1(From Mod 3):

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

 Emission Unit: 5-90020 

 Emission Unit Description: 

 Very large boilers 114 and 115 and large boilers 116, 117

 and 118. All boilers have the capability to burn residual

 oil and natural gas. All boilers are used to generate 

 steam only.

 Building(s): BOILERHS

Item 26.2(From Mod 2):

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

 Emission Unit: 5-90005 

 Emission Unit Description: 

 One (1) simple cycle combustion turbine utilized to 

 generate electricity. The turbine burns distillate oil and

 natural gas.

 Building(s): BOILERHS

Condition 27: Non Applicable requirements

 Effective between the dates of 05/16/2008 and 05/15/2013

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

Item 27.1:

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 34: Submittal of Episode Action Plans

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR Part 207

Item 34.1:

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 2-4: Air pollution prohibited

 Effective between the dates of 10/14/2011 and 05/15/2013
 

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 Applicable Federal Requirement:6 NYCRR 211.1

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 35: Temporary variances.

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 225-1.4

Item 35.1:

Upon application by an air contamination source owner or a fuel supplier the commissioner may

issue an order granting a temporary variance from the provisions of 6 NYCRR Part 225-1 where

it can be shown, to the commissioner's satisfaction, that there is an insufficient supply of

conforming fuel, either:

(1) of the proper type required for use in a particular air contamination source; or

(2) generally throughout an area of the State.

Condition 36: Compliance Certification

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 225-1.8

Item 36.1:

The Compliance Certification activity will be performed for the Facility.

Item 36.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 An owner or operator of a facility which purchases and 

 fires coal and/or fuel oil shall compile and retain 

 records of the following information: 

 a. fuel analyses and data on the quantities of all 

 residual and distillate oil and coal received, burned or 

 sold;

 b. the names of all purchasers of all residual and 

 distillate oil and coal sold;

 c. any results of stack sampling, stack monitoring and 

 other procedures used to ensure compliance with the 

 provisions of 6 NYCRR Part 225-1.

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

 sulfur content, specific gravity and heating value of any 
 

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 residual oil, distillate oil or coal received, burned or 

 sold. Ash content shall also be included in the fuel 

 analyses for any residual oil or coal received, burned or 

 sold.

 These records shall be retained for a minimum period of 

 three years. If the facility is subject to Title V 

 requirements the minimum record retention period shall be 

 five years. The records shall be made available for 

 inspection by department staff during normal business 

 hours. In addition, copies of such records shall be 

 furnished to department staff upon request. All required 

 sampling, compositing and analysis of fuel samples must be

 done in accordance with methods acceptable to the 

 department.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: 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 37: Compliance Certification

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 225.1 (a) (3)

Item 37.1:

The Compliance Certification activity will be performed for the Facility.

Item 37.2:

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 sulfur content greater than 0.20 

 percent by weight. 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

Monitoring Frequency: PER DELIVERY

Reporting Requirements: SEMI-ANNUALLY (ANNIVERSARY)

 Initial Report Due: 12/15/2008 for the period 05/16/2008 through 11/15/2008

Condition 38: Compliance Certification
 

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 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 225.1 (a) (3)

Item 38.1:

The Compliance Certification activity will be performed for the Facility.

Item 38.2:

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

 residual oil which has sulfur content greater than 0.30 

 percent by weight. 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: NUMBER 6 OIL

Parameter Monitored: SULFUR CONTENT

Upper Permit Limit: 0.30 percent by weight

Monitoring Frequency: PER DELIVERY

Reporting Requirements: SEMI-ANNUALLY (ANNIVERSARY)

 Initial Report Due: 12/15/2008 for the period 05/16/2008 through 11/15/2008

Condition 39: Compliance Certification

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 227-1.3

Item 39.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 39.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 In response to New York State Department of Environmental

 Conservation opacity regulations, Con Edison installed 

 and certified Lear Siegler RM41 transmissometers on 

 applicable Fossil Power stacks during the early 1980s. In

 1994 and 1995, as part of Con Edison¿s Continuous 

 Emissions Monitoring System (CEMS) program, existing 

 equipment at all facilities was replaced with new 

 state-of-the-art Land Model 4500 units. New recorders 

 were installed and digital opacity indicators were placed 
 

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 in control rooms so that Station operators would have 

 real-time opacity readings. Con-Edison¿s opacity 

 monitors shall be operated and maintained in accordance 

 with the requirements of 40 CFR Part 

 75.

 

 1. Opacity Incident Reporting:

 Con Edison shall prepare opacity incident reports 

 consistent with the requirements of this paragraph. The 

 term "opacity incident" as used in this condition means 

 smoke emissions which exhibit greater than 20% opacity 

 (6-minute average).

 Opacity incident report shall be maintained by Con Edison 

 for a period of three years and shall be made available 

 for inspection by the Department on demand. To provide a

 consistent and permanent record of all reportable opacity 

 events, incident reporting was initiated in 1994. The 

 reports consist of documenting incident events by way of 

 Incident Reports in Con Edison¿s Central information 

 database system. Incident Reports identify personnel on 

 duty, a brief summary of the incident and as necessary a 

 sequence of events, a preliminary cause analysis and 

 associated corrective action requirements. All opacity 

 Incident Reports are available electronically to cognizant

 Con Edison departments and personnel for their 

 information, review and use. Incident Reports form the 

 basis for more detailed root cause analysis, corrective 

 actions, design modifications and project/program 

 development and implementation. 

 2. Opacity Reporting Compliance Audits: 

 Con Edison shall conduct monthly opacity reporting 

 compliance audits consistent with the requirements of this

 paragraph. Monthly opacity reporting compliance audits 

 have been performed since April, 1994 and shall continue 

 to be performed to ensure compliance with applicable 

 regulatory reporting requirements. Audits include a 

 detailed review of all opacity charts or recording device 

 data for the prior month, confirmation that all indicated 

 events were properly reported and documented, charts 

 properly marked, survey sheets completed and all 

 documentation retained. Comprehensive audit reports shall

 continue to be prepared to identify all relevant 

 observations. Items tabulated include missing chart hours

 and survey sheets, events greater than 20% opacity, events

 greater than 40% opacity, total incidents, incidents 

 reported and events covered by Incident Reports. 

 
 

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 3. Awareness, Communications and Training: 

 Con Edison shall comply with the opacity awareness, 

 communications and training provisions of this paragraph. 

 Several significant initiatives have been undertaken to 

 ensure and reinforce personnel understanding of the 

 regulatory and operational requirements associated with 

 this opacity. Awareness has been heightened by 

 consistently and effectively communicating mandates 

 throughout all levels of Con Edison¿s Steam Operations 

 organization. Opacity audit results, significant or 

 unusual exceedances , trends, goals, new developments 

 and/or opacity reduction initiatives shall be included as

 agenda items, when appropriate, at a variety of meetings, 

 including the monthly meeting of the Steam Operations Vice

 President with the Plant Managers, the Steam Operations 

 Program Managers¿ Meeting, and/or the Operations and 

 Maintenance Managers Meeting in order to promote 

 continuing improvement in opacity awareness and 

 compliance. Some of the opacity exceedances will be 

 included in the review and discussion agenda of each 

 monthly Incident Report Review Meeting, which is attended 

 by key Steam Operations managers from each station, as 

 well as EH&S and Central Engineering personnel. 

 At the local generating station level, opacity 

 understanding and awareness shall be communicated on an 

 ongoing basis from station management to supervisory and 

 operating and maintenance personnel. Such communications 

 shall be reinforced by operator interaction with personnel

 assigned as Opacity Auditors. Formal operator training is

 required of all personnel in order to receive their Air 

 Pollution Control Certificates. A formal Air Pollution 

 Control Refresher Course has been developed by the Company

 and shall be given to all control room operators by 

 December 1998. It shall provide training in opacity 

 regulatory requirements, fundamentals of combustion, and 

 the balance between NOx control and opacity and continuous

 emissions monitoring interface. 

 

 

 4. Preventive Maintenance: 

 Con Edison shall conduct, on an ongoing basis, a 

 preventive maintenance program as described in this 

 paragraph. Review of opacity-related Incident Reports by 

 Con Edison has identified equipment deficiencies, both in 

 design and maintenance. The consistent and repetitive 

 nature of maintenance-related deficiencies has indicated 

 the need for a comprehensive boiler component opacity 

 reduction preventive maintenance program. The program has

 been fully operational since mid-1996. It consists of 
 

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 three phases defined as follows: 

 Phase 1 - identify essential program elements including 

 repetitive deficiencies;

 Phase 2 - develop procedures for each identified 

 element;

 Phase 3 - consists of ongoing implementation of preventive

 maintenance. 

 The primary elements of Con Edison¿s ongoing preventive 

 maintenance program for opacity reductions consist of 

 regular inspection, calibration, and/or servicing of the 

 following equipment in each of the generating 

 stations:

 ¿ CEMS stack opacity monitoring equipment;

 ¿ Boiler control and instrumentation;

 ¿ Fuel oil and gas meters;

 ¿ Fuel oil pumps and strainers;

 ¿ Boiler fireside tubes (to minimize ash build-up);

 ¿ Air preheaters (to minimize ash 

 build-up);

 ¿ Control-air air compressors;

 ¿ Fuel oil regulators;

 ¿ Atomizing steam regulators;

 ¿ Fan dampers and actuators; and

 ¿ Oil guns and tips.

 This program may be revised by adding appropriate new 

 maintenance requirements and deleting ineffective or 

 obsolete maintenance activities based on operating 

 experience or changes in equipment operation. The 

 Department shall be notified of all significant additions 

 and deletions to the preventive maintenance program via 

 Con Edison¿s quarterly report to the 

 Department.

 5. Root Cause Analysis and Corrective Actions: 

 Con Edison shall conduct root cause analyses as described 

 in this paragraph and shall take all corrective actions 

 that are deemed necessary to maintain full compliance with

 the State¿s opacity requirements. A comprehensive Root 

 Cause Analysis program, including deficiency 

 categorization and correction of categorized deficiencies 

 was implemented in April 1995. Incident categories 

 include oil, air, atomizing steam, ignition, burner and 

 combustion control system deficiencies. Analysis, 

 categorization and corrective action development shall be 

 performed monthly by the facility¿s Boiler System Engineer

 and other station personnel. Corrections due to equipment

 failure, malfunction and marginal design shall be 

 accomplished by corrective maintenance and simple design 
 

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 basis enhancement activities. Correction of operation 

 deviations include focused training, minimized soot 

 blowing and increased boiler fireside washes. Significant

 design basis deficiencies shall be corrected by the 

 development and implementation of design basis enhancement

 projects, including, but not limited to, fuel switching 

 and ignition and control system retrofits. 

 

 6. Quarterly Reports: 

 Con Edison shall submit to the Department quarterly 

 reports each May 15, August 15, November 15 and February 

 15, which describe activities and progress that Con Edison

 has made during the preceding quarter in carrying out the 

 requirements of paragraphs 1 through 5 above in this 

 condition. Penalties will not be assessed for excess 

 opacity emission events attributable soley to equipment 

 malfunctions or boiler start-ups or shut-downs, (as those 

 terms are defined in 40 CFR § 60.2); provided that, Con 

 Edison identifies those events in its quarterly excess 

 emission reports, certifies that the events were not 

 preventable and the Department does not dispute Con 

 Edison¿s claim that such events were not preventable. 

 When requested by the Department, Con Edison shall make 

 available to the Department any incident reports and root 

 cause analysis that it prepared for such events. Con 

 Edison shall expressly identify in its quarterly excess 

 emission reports instances of excess opacity attributable 

 to soot blowing, operator error, or careless operation of 

 properly functioning equipment. 

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 40: Compliance Certification

 Effective between the dates of 05/16/2008 and 05/15/2013

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

Item 40.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

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

Item 40.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES
 

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Monitoring Description: 

 Con Edison's system-wide averaging of NOx emissions from 

 its facilities shall be performed in accordance with the 

 most current version of the NOx RACT Compliance Plan and 

 the NOx RACT Operating Plan, approved by the Department. 

 

 The most current version of the NOx RACT Compliance and 

 Operating Plans are attached to this permit and constitute

 an enforceable part of the permit. 

Monitoring Frequency: CONTINUOUS

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2008.

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

Condition 41: Compliance Certification

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 227-2.6 (c) (2)

Item 41.1:

The Compliance Certification activity will be performed for the Facility.

Item 41.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner or operator shall submit a compliance test 

 protocol to the Department for approval at least 90 days 

 prior to emission testing. The conditions of the testing 

 and the locations of the sampling devices must be 

 acceptable to the the Department.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY

Condition 42: Compliance Certification

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 227-2.6 (c) (2)

Item 42.1:

The Compliance Certification activity will be performed for the Facility.

Item 42.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES
 

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Monitoring Description: 

 Owners or operators of:

 1) simple cycle combustion turbines shall utilize stack 

 test Method 20 from 40 CFR Part 60, Appendix A; 

 2) combined cycle combustion turbine with a heat input 

 rating of less than or equal to 250 mmBtu/hr shall utilize

 stack test Method, 7, 7E, 19, or 20 from 40 CFR Part 6, 

 Appendix A; or

 3) another stack test Method approved by the 

 Department.

 Owners or operators of simple cycle combustion turbines or

 combined cycle combustion turbine with a heat input rate 

 of 250 mmBtu/hr or less shall be required to perform 

 either a stack test or other Department approved method, 

 to determine compliance with their NOx limit, once per the

 term of their permit.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY

Condition 43: Permit Requirements

 Effective between the dates of 05/16/2008 and 05/15/2013

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

Item 43.1:

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 44: Monitoring requirements

 Effective between the dates of 05/16/2008 and 05/15/2013

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

Item 44.1:

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 45: NOx Ozone Season Emission Requirements

 Effective between the dates of 05/16/2008 and 05/15/2013

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

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Item 45.1:

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

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

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

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

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

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

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

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

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

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

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

each control period thereafter.

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

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

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

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

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

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

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

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

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

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

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

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

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

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 46: Excess emission requirements

 Effective between the dates of 05/16/2008 and 05/15/2013

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

Item 46.1:

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
 

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

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

Condition 47: Recordkeeping and reporting requirements

 Effective between the dates of 05/16/2008 and 05/15/2013

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

Item 47.1:

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 48: Authorization and responsibilities of CAIR designated 

 representative

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 243-2.1

Item 48.1:

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
 

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

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

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

notwithstanding any agreement between the CAIR designated representative and such owners

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

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

source or unit.

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

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

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

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

CAIR NOx Ozone Season units at the source.

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

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

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

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

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

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

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

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

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

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

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

possibility of fine or imprisonment."

Condition 49: Certificate of representation

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 243-2.4

Item 49.1:

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 51: General requirements

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 243-8.1

Item 51.1:

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
 

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

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

requirements as a CAIR NOx Ozone Season unit.

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

CAIR NOx Ozone Season unit shall:

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

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

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

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

75.72);

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

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

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

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

(a)(1) of this section.

Condition 52: Prohibitions

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 243-8.1

Item 52.1:

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
 

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(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).

Condition 50: Out of control periods

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 243-8.3

Item 50.1:

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.

Condition 53: Quarterly reports

 Effective between the dates of 05/16/2008 and 05/15/2013

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

Item 53.1:

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 54: Compliance certification
 

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 Effective between the dates of 05/16/2008 and 05/15/2013

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

Item 54.1:

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

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

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

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

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

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

specifications;

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

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

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

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

NOx emissions; and

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

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

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

systematically underestimate NOx emissions.

Condition 3-1: Compliance Certification

 Effective between the dates of 03/20/2012 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 249.3 (d)

Item 3-1.1:

The Compliance Certification activity will be performed for the facility:

The Compliance Certification applies to:

 Emission Unit: 5-90020

 Process: NG1

 Emission Unit: 5-90020

 Process: RO1

Item 3-1.2:

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.

Monitoring Frequency: SINGLE OCCURRENCE

Reporting Requirements: ONCE / BATCH OR MONITORING OCCURRENCE
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 37 FINAL

   Emission Unit Level ** **

Condition 55: Emission Point Definition By Emission Unit

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 55.1(From Mod 2):

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

 Emission Unit: 5-90005

 Emission Point: GT001 

 Height (ft.): 119 Diameter (in.): 144

 NYTMN (km.): 4513.957 NYTME (km.): 584.959 Building: BOILERHS

Item 55.2(From Mod 0):

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

 Emission Unit: 5-90020

 Emission Point: 00001 

 Height (ft.): 507 Diameter (in.): 198

 NYTMN (km.): 4513.94 NYTME (km.): 585.005 Building: BOILERHS

Condition 56: Process Definition By Emission Unit

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 56.1(From Mod 3):

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

 Emission Unit: 5-90020

 Process: NG1 Source Classification Code: 1-02-006-01

 Process Description: 

 This process includes: Two (2) tangentially fired boilers

 (114 and 115) rated at 805 MMBtu/hr each and covers the 

 combustion of natural gas in these boilers. NOx emissions

 are controlled with the use of off-stoichiometric firing.

 Emission Source/Control: 00114 - Combustion 

 Design Capacity: 805 million Btu per hour

 Emission Source/Control: 00115 - Combustion 

 Design Capacity: 805 million Btu per hour

Item 56.2(From Mod 3):

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

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 38 FINAL

 Emission Unit: 5-90020

 Process: RO1 Source Classification Code: 1-02-004-01

 Process Description: 

 This process includes: Two (2) tangentially fired boilers

 (114 and 115) rated at 805 MMBtu/hr each and covers the 

 combustion of residual oil in these boilers. NOx 

 emissions are controlled with the use of 

 off-stoichiometric firing.

 Emission Source/Control: 00114 - Combustion 

 Design Capacity: 805 million Btu per hour

 Emission Source/Control: 00115 - Combustion 

 Design Capacity: 805 million Btu per hour

Item 56.3(From Mod 2):

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

 Emission Unit: 5-90005

 Process: GTD Source Classification Code: 2-01-001-01

 Process Description: 

 This process includes: one (1) combustion turbine, rated 

 at 220 MMBtu/hr. This process covers the combustion of 

 distillate oil in this turbine.

 Emission Source/Control: GT001 - Combustion 

 Design Capacity: 220 million Btu per hour

Item 56.4(From Mod 2):

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

 Emission Unit: 5-90005

 Process: GTN Source Classification Code: 2-01-002-01

 Process Description: 

 This process includes: one (1) combustion turbine, rated 

 at 220 MMBtu/hr. This process covers the combustion of 

 natural gas in this turbine.

 Emission Source/Control: GT001 - Combustion 

 Design Capacity: 220 million Btu per hour

Item 56.5(From Mod 2):

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

 Emission Unit: 5-90020

 Process: NG2 Source Classification Code: 1-02-006-01

 Process Description: 

 This process includes: Three (3) normally fired boilers 

 (116, 117 and 118) rated at 180 MMBtu/hr each and covers 

 the combustion of natural gas in these boilers. NOx 

 emissions are controlled with the use of Low Excess air.
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 39 FINAL

 Emission Source/Control: 00116 - Combustion 

 Design Capacity: 180 million Btu per hour

 Emission Source/Control: 00117 - Combustion 

 Design Capacity: 180 million Btu per hour

 Emission Source/Control: 00118 - Combustion 

 Design Capacity: 180 million Btu per hour

Item 56.6(From Mod 2):

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

 Emission Unit: 5-90020

 Process: RO2 Source Classification Code: 1-02-004-01

 Process Description: 

 This process includes: Three (3) normally fired boilers 

 (116, 117 and 118) rated at 180 MMBtu/hr each and covers 

 the combustion of residual oil in these boilers. NOx 

 emissions are controlled with the use of Low Excess air.

 Emission Source/Control: 00116 - Combustion 

 Design Capacity: 180 million Btu per hour

 Emission Source/Control: 00117 - Combustion 

 Design Capacity: 180 million Btu per hour

 Emission Source/Control: 00118 - Combustion 

 Design Capacity: 180 million Btu per hour

Condition 57: Compliance Certification

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 227-1.3

Item 57.1:

The Compliance Certification activity will be performed for:

 Emission Unit: 5-90005

Item 57.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 For the oil-fired Combustion Turbine, 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 when operating on oil
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 40 FINAL

 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 mean) of 

 the affected emission point must be conducted within two 

 (2) business days of such occurrence. The results of the 

 Method 9 analysis must be recorded in the logbook. The 

 operator must contact the Regional Air Pollution Control 

 Engineer within one (1) business day of performing the 

 Method 9 analysis if the opacity standard is contravened. 

 Upon notification, any corrective actions or future 

 compliance schedules shall be presented to the Department 

 for acceptance.

 ** NOTE ** Steam plumes generally form after leaving the 

 top of the stack (this is known as a detached plume). The

 distance between the stack and the beginning of the 

 detached plume may vary, however, there is (normally) a 

 distinctive distance between the plume and stack. Steam 

 plumes are white in color and have a billowy consistency. 

 Steam plumes dissipate within a short distance of the 

 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 58: Compliance Certification

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 227.2 (b) (1)

Item 58.1:

The Compliance Certification activity will be performed for:

 Emission Unit: 5-90005 Emission Point: GT001
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 41 FINAL

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 58.2:

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.

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 2-5: Compliance Certification

 Effective between the dates of 10/14/2011 and 05/15/2013

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

Item 2-5.1:

The Compliance Certification activity will be performed for:

 Emission Unit: 5-90005 Emission Point: GT001

 Process: GTN Emission Source: GT001

Item 2-5.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 42 FINAL

 No person shall operate a stationary combustion 

 installation which exhibits greater than 20 percent 

 opacity (six minute average), except for one-six-minute 

 period per hour of not more than 27 percent opacity. 

 The Department reserves the right to perform or require 

 the performance of a Method 9 opacity evaluation at any 

 time during facility operation.

 The permittee will conduct observations of visible 

 emissions from the emission unit, process, etc. to which 

 this condition applies at the monitoring frequency stated 

 below while the process is in operation. The permittee 

 will investigate, in a timely manner, any instance where 

 there is cause to believe that visible emissions have the 

 potential to exceed the opacity standard. 

 The permittee shall investigate the cause, make any 

 necessary corrections, and verify that the excess visible 

 emissions problem has been corrected. If visible 

 emissions with the potential to exceed the standard 

 continue, the permittee will conduct a Method 9 assessment

 within the next operating day of the sources associated 

 with the potential noncompliance to determine the degree 

 of opacity and will notify the NYSDEC if the method 9 test

 indicates that the opacity standard is not met.

 Records of visible emissions observations (or any 

 follow-up method 9 tests), investigations and corrective 

 actions will be kept on-site. Should the Department 

 determine that permittee's record keeping format is 

 inadequate to demonstrate compliance with this condition, 

 it shall provide written notice to the permittee stating 

 the inadequacies, and permittee shall have 90 days to 

 revise its prospective record keeping format in a manner 

 acceptable to the Department.

Parameter Monitored: OPACITY

Upper Permit Limit: 20 percent

Reference Test Method: EPA Method 9

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 6-MINUTE AVERAGE (METHOD 9)

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

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

Condition 61: Compliance Certification

 Effective between the dates of 05/16/2008 and 05/15/2013

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

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 43 FINAL

Item 61.1:

The Compliance Certification activity will be performed for:

 Emission Unit: 5-90020

Item 61.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

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

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

 must measure the gross heat content and ash content of 

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

 the average electrical output (daily) and hourly 

 generation rate. This information must be retained by the

 source owner for a period of five years.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED

Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY

Condition 62: Sulfur in fuel exception reporting

 Effective between the dates of 05/16/2008 and 05/15/2013

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

Item 62.1:

This Condition applies to Emission Unit: 5-90020

Item 62.2:

Source owners subject to 6 NYCRR Part 225-1.7 must submit a written report of the fuel sulfur

content excceding the applicable sulfur-in-fuel limitation, or of measured emissions exceeding

the applicable equivalent emission rate, and the nature and cause of such excesses if known, for

the calendar quarter.

Condition 63: Compliance Certification

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 227-1.3

Item 63.1:

The Compliance Certification activity will be performed for:

 Emission Unit: 5-90020

Item 63.2:

Compliance Certification shall include the following monitoring:
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 44 FINAL

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 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 Continuous Opacity 

 Monitoring System (COMS) data. The owner shall install, 

 operate in accordance with manufacturer's instructions, 

 and properly maintain, a COMS in the stack satisfying the 

 crtieria in Appendix B of 40 CFR part 60.

 The owner shall submit an accurate excess emissions and 

 monitoring system performance report to the Department for

 each calendar year quarter. All reports shall be 

 certified by a responsible corporate official as true, 

 accurate and complete and postmarked by the 60th day 

 following the end of each calendar year quarter. The 

 quarterly excess emissions report shall be submitted in a 

 form acceptable to the Department and shall include the 

 following minimum information:

 (1) The magnitude, date and time of each six minute block 

 average during which the average opacity of emissions 

 exceeds 20 percent, except for one six minute block 

 average per hour not to exceed 27 percent;

 (2) For each period of excess emissions, specific 

 identification of the cause and corrective action 

 taken;

 (3) Identification of all periods of COMS downtime, 

 including the date, time and duration of each inoperable 

 period, and the cause and corrective action for each COMS 

 downtime period;

 (4) The total time in which the COMS are required to 

 record data during the reporting period;

 (5) The total number of exceedences and the duration of 

 exceedences expressed as a percentage of the total time 

 which the COMS are required to record data.

Manufacturer Name/Model Number: Land, Model# 4500

Parameter Monitored: OPACITY

Upper Permit Limit: 20 percent

Reference Test Method: 40 CFR 60 APP B

Monitoring Frequency: CONTINUOUS

Averaging Method: 6 MINUTE AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2008.

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

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 45 FINAL

Condition 64: Testing, monitoring, and reporting requirements for very 

 large boilers.

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 227-2.6 (a) (1)

Item 64.1:

This Condition applies to:

 Emission Unit: 590020

 Process: NG1 Emission Source: 00114

 Emission Unit: 590020

 Process: NG1 Emission Source: 00115

 Emission Unit: 590020

 Process: RO1 Emission Source: 00114

 Emission Unit: 590020

 Process: RO1 Emission Source: 00115

Item 64.1:

This Condition applies to Emission Unit: 5-90020

Item 64.2.3:

The owner/operator shall measure NOx emissions with a continuous emissions monitoring

system (CEMS) as described in 6NYCRR 227-2.6(b).

Condition 3-2: Compliance Certification

 Effective between the dates of 03/20/2012 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 3-2.1:

The Compliance Certification activity will be performed for:

 Emission Unit: 5-90020

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 3-2.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 This condition applies to the two very large boilers, 114

 and 115 firing residual oil and natural gas. This 

 condition is necessary to ensure compliance with BART 
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 46 FINAL

 requirements under EPA's Regional Haze Program.

 

 Sulfur content of residual oil used in these boilers shall

 not be greater 0.30 percent by weight. A log of the 

 sulfur content in oil per delivery must be maintained on 

 site. 

 Usage of natural gas ensures that the SO2 emission rate 

 will remain below the EPA's presumptive BART limit of 

 0.15 pounds per million btu.

 Facility shall record the usage of natural gas and 

 residual oil in these boilers . All records shall be kept 

 at the facility for a minimum of five years, and must be 

 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.

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 7/30/2012.

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

Condition 3-3: Compliance Certification

 Effective between the dates of 03/20/2012 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 3-3.1:

The Compliance Certification activity will be performed for:

 Emission Unit: 5-90020

 Regulated Contaminant(s):

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

Item 3-3.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 This condition applies to the two very large boilers, 114

 and 115 firing residual oil and natural gas. This 

 condition is necessary to ensure compliance with BART 

 requirements under EPA's Regional Haze Program.
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 47 FINAL

 

 The average NOx emission of boilers 114 and 115 shall not

 be greater than 0.32 lbs/mmbtu.

 All the records shall be kept at the facility for a 

 minimum of five years, and must be 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.

Manufacturer Name/Model Number: CEM

Upper Permit Limit: 0.32 pounds per million Btus

Reference Test Method: EPA approved

Monitoring Frequency: CONTINUOUS

Averaging Method: 30 DAY ROLLING AVERAGE, 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 3-4: Compliance Certification

 Effective between the dates of 03/20/2012 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 3-4.1:

The Compliance Certification activity will be performed for:

 Emission Unit: 5-90020

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 3-4.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Particulate matter(PM) emissions of boilers 114 and 115

 are limited to 0.1 lbs/mmbtu. This condition is necessary

 to ensure compliance with BART requirements under EPA's 

 Regional Haze Program.

 

 The facility shall record the boiler consumption of 

 natural gas and residual oil a daily basis. The compliance

 with the PM emission limit during oil firing shall be 

 verified by performing stack test, using department 

 approved methods, once during the permit term, and for 
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 48 FINAL

 natural gas, by using AP 42 emission factors.

 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. 

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 7/30/2012.

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

Condition 3-5: Compliance Certification

 Effective between the dates of 03/20/2012 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 249.3 (f)

Item 3-5.1:

The Compliance Certification activity will be performed for the facility:

The Compliance Certification applies to:

 Emission Unit: 5-90020

 Process: NG1

 Emission Unit: 5-90020

 Process: RO1

Item 3-5.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The emission limits 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: 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).
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 49 FINAL

Condition 65: Compliance Certification

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable Federal Requirement:6 NYCRR 227.2 (b) (1)

Item 65.1:

The Compliance Certification activity will be performed for:

 Emission Unit: 5-90020 Emission Point: 00001

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 65.2:

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.

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: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 50 FINAL

 STATE ONLY ENFORCEABLE CONDITIONS

   Facility Level ** **

 NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS

This section contains terms and conditions which are not federally enforceable. Permittees

may also have other obligations under regulations of general applicability

Item A: General Provisions for State Enforceable Permit Terms and

 Condition - 6 NYCRR Part 201-5

 Any person who owns and/or operates stationary sources 

 shall operate and maintain all emission units and any 

 required emission control devices in compliance with all 

 applicable Parts of this Chapter and existing laws, and 

 shall operate the facility in accordance with all 

 criteria, emission limits, terms, conditions, and 

 standards in this permit. Failure of such person to 

 properly operate and maintain the effectiveness of such 

 emission units and emission control devices may be 

 sufficient reason for the Department to revoke or deny a 

 permit.

 The owner or operator of the permitted facility must 

 maintain all required records on-site for a period of five

 years and make them available to representatives of the 

 Department upon request. Department representatives must 

 be granted access to any facility regulated by this 

 Subpart, during normal operating hours, for the purpose of

 determining compliance with this and any other state and 

 federal air pollution control requirements, regulations or

 law.

 STATE ONLY APPLICABLE REQUIREMENTS

The following conditions are state applicable requirements and are not subject to 

compliance certification requirements unless otherwise noted or required 

 under 6 NYCRR Part 201.

Condition 66: Contaminant List

 Effective between the dates of 05/16/2008 and 05/15/2013

 Applicable State Requirement:ECL 19-0301

Item 66.1:

Emissions of the following contaminants are subject to contaminant specific requirements in this

permit(emission limits, control requirements or compliance monitoring conditions).

 CAS No: 007446-09-5

 Name: SULFUR DIOXIDE
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

Renewal 1/Mod 3/Active Page 51 FINAL

 CAS No: 0NY075-00-0

 Name: PARTICULATES

 CAS No: 0NY210-00-0

 Name: OXIDES OF NITROGEN

Condition 2-6: Unavoidable noncompliance and violations

 Effective between the dates of 10/14/2011 and 05/15/2013

 Applicable State Requirement:6 NYCRR 201-1.4

Item 2-6.1:

At the discretion of the commissioner a violation of any applicable emission standard for

necessary scheduled equipment maintenance, start-up/shutdown conditions and malfunctions or

upsets may be excused if such violations are unavoidable. The following actions and

recordkeeping and reporting requirements must be adhered to in such circumstances.

(a) The facility owner and/or operator shall compile and maintain records of all

equipment maintenance or start-up/shutdown activities when they can be expected to result in an

exceedance of any applicable emission standard, and shall submit a report of such activities to

the commissioner's representative when requested to do so in writing or when so required by a

condition of a permit issued for the corresponding air contamination source except where

conditions elsewhere in this permit which contain more stringent reporting and notification

provisions for an applicable requirement, in which case they supercede those stated here. Such

reports shall describe why the violation was unavoidable and shall include the time, frequency

and duration of the maintenance and/or start-up/shutdown activities and the identification of air

contaminants, and the estimated emission rates. If a facility owner and/or operator is subject to

continuous stack monitoring and quarterly reporting requirements, he need not submit reports for

equipment maintenance or start-up/shutdown for the facility to the commissioner's

representative.

(b) In the event that emissions of air contaminants in excess of any emission standard

in 6 NYCRR Chapter III Subchapter A occur due to a malfunction, the facility owner and/or

operator shall report such malfunction by telephone to the commissioner's representative as soon

as possible during normal working hours, but in any event not later than two working days after

becoming aware that the malfunction occurred. Within 30 days thereafter, when requested in

writing by the commissioner's representative, the facility owner and/or operator shall submit a

written report to the commissioner's representative describing the malfunction, the corrective

action taken, identification of air contaminants, and an estimate of the emission rates. These

reporting requirements are superceded by conditions elsewhere in this permit which contain

reporting and notification provisions for applicable requirements more stringent than those

above.

(c) The Department may also require the owner and/or operator to include in reports

described under (a) and (b) above an estimate of the maximum ground level concentration of

each air contaminant emitted and the effect of such emissions depending on the deviation of the

malfunction and the air contaminants emitted.

(d) In the event of maintenance, start-up/shutdown or malfunction conditions which

result in emissions exceeding any applicable emission standard, the facility owner and/or

operator shall take appropriate action to prevent emissions which will result in contravention of

any applicable ambient air quality standard. Reasonably available control technology, as
 

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

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determined by the commissioner, shall be applied during any maintenance, start-up/shutdown or

malfunction condition subject to this paragraph.

(e) In order to have a violation of a federal regulation (such as a new source performance

standard or national emissions standard for hazardous air pollutants) excused, the specific

federal regulation must provide for an affirmative defense during start-up, shutdowns,

malfunctions or upsets.

Condition 2-7: Visible Emissions Limited

 Effective between the dates of 10/14/2011 and 05/15/2013

 Applicable State Requirement:6 NYCRR 211.2

Item 2-7.1:

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.

   Emission Unit Level ** **

Condition 2-8: Compliance Demonstration

 Effective between the dates of 10/14/2011 and 05/15/2013

 Applicable State Requirement:6 NYCRR 201-6.6 (a)

Item 2-8.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: 5-90005

Item 2-8.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 Operating Limits for Combustion Turbine – Emission Unit 

 5-90005, Processes GTD and GTN 

 This condition becomes effective on the commencement of 

 gas-burning operating capability of the combustion 

 turbine.

 The facility is authorized to operate the combustion 

 turbine as stated in this condition: 

 (a)Except as provided in (c) and (d) below, the combustion

 turbine shall be operated with a limitation of a maximum 

 of four (4) hours of operation per day (consecutive or 

 otherwise).
 

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 (b)Except as further provided in (d) below, the combustion

 turbine shall burn natural gas for its normal operation 

 and testing. However, this restriction does not apply 

 when testing the combustion turbine to confirm its 

 capability to run on distillate oil is required, or during

 stack testing required once per term of this permit, when 

 the combustion turbine shall also fire distillate 

 oil.

 (c)Periodic testing of the combustion turbine is subject 

 to a maximum of four (4) hours per day except during: (i)

 the once per term particulate matter emission testing as 

 required by this permit; and (ii) the initial startup, 

 tuning, testing and commissioning of the combustion 

 turbine after it is converted to burn natural 

 gas.

 (d)The four (4) hour operating limitation shall not apply 

 during the following events:

 1.When an emergency black start is needed for the 

 Station;

 2.When an emergency black start is needed for the Con 

 Edison Energy Control Center;

 3.During the summer (peak load) months, during an 

 emergency condition or to avoid an emergency condition in 

 the Con Edison 49th Street load pocket;

 4.During the non-summer months, during an emergency 

 condition or to avoid an emergency condition in the 49th 

 Street load pocket when one major piece of equipment is 

 off-line for maintenance and two major pieces of equipment

 fail;

 5.When the NYISO or Con Edison operate in a “condition 

 yellow” (i.e., when the system is one contingency from 

 requiring voltage reduction or load shedding to maintain 

 system integrity); or 

 6.When NYISO declares an emergency or when Con Edison or 

 NYISO declares a maximum generation condition.

 In the event of a condition specified in paragraphs (d)1 

 or 2 above, the combustion turbine shall be permitted to 

 run using distillate oil. In the event of a condition 

 specified in paragraphs (d)3 , 4, 5 or 6 above, the 

 combustion turbine shall be permitted to run using 

 distillate oil for any period when the gas supply to the 

 combustion turbine is curtailed.

 The data from the unit's NOx RACT monitoring system shows 

 the daily operating hours of the combustion turbine. The 

 facility will also keep an operating log at the facility 

 to verify the hours of operation of the CT.
 

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 Air Pollution Control Permit Conditions

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Work Practice Type: HOURS PER DAY OPERATION

Upper Permit Limit: 4 hours

Monitoring Frequency: DAILY

Averaging Method: 24 HOUR MAXIMUM

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

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

Permit ID: 2-6202-00032/00013 Facility DEC ID: 2620200032

 Air Pollution Control Permit Conditions

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