Facility DEC ID: 8261400205

 DEC Permit Conditions

 Renewal 1/Mod 1/FINAL Page 1

 PERMIT

 Under the Environmental Conservation Law (ECL)

 IDENTIFICATION INFORMATION

Permit Type: Air Title V Facility

Permit ID: 8-2614-00205/01827

 Mod 0 Effective Date: 03/13/2009 Expiration Date: 03/12/2014

 Mod 1 Effective Date: 05/25/2012 Expiration Date: 03/12/2014

Permit Issued To:EASTMAN KODAK CO

 343 STATE ST

 ROCHESTER, NY 14650

Contact: DANIEL GONZALEZ

 KODAK OPERATIONS AT EASTMAN BUSINESS PARK

 1669 LAKE AVE

 ROCHESTER, NY 14652-4804

 (585) 588-3561

Facility: KODAK OPERATIONS AT EASTMAN BUSINESS PARK

 1669 LAKE AVE

 ROCHESTER, NY 14652

Contact: EDWARD R SILER

 SUEZ-DEGS OF ROCHESTER LLC

 3896 DEWEY AVE STE 325

 ROCHESTER, NY 14616

 (585) 588-6982

Description:

Modification of the Title V Facility Permit issued March 13, 2009 for the Eastman

Kodak Company - Eastman Business Park Boilers, operated by SUEZ-Duke Energy

Generation Services of Rochester (SDEGS) under a Title V Permit which is separate

from the Title V Permit for Kodak manufacturing activities.

This Modified Permit reflects that the coal fired Kodak Boilers 41, 42, and 43 are

subject to 6 NYCRR Part 249 Best Available Retrofit Technology, to restrict emissions

of visibility-impairing pollutants by requiring installation of BART on sources

identified under the rule.

This Permit also includes conditions based on a plan the Department accepted as

meeting Part 249 requirements, that Kodak submitted with an evaluation of Boilers 41,

42, and 43. 

The plan includes:

The permanent shutdown of Boiler 41 by December 31, 2013;
 

Facility DEC ID: 8261400205

 DEC Permit Conditions

 Renewal 1/Mod 1/FINAL Page 2

Either the permanent shutdown of Boiler 42, or conversion of Boiler 42 from coal fired

to natural gas fired, by the compliance date specified in 40 CFR 63 Subpart DDDDD,

but no later than August 16, 2017; and 

The installation of emission control equipment on Boiler 43, sufficient to meet

requirements of 40 CFR 63 Subpart DDDDD.

The boilers are also subject to the 40 CFR 64 CAM rule for Part 227-1 particulate

emission limits. This Permit includes CAM requirements for particulates from Boilers

41 and 44, similar to those for Boilers 42 and 43 included in the Modified Permit

issued in January 2007. CAM requirements for Boilers 41 and 44 were derived from

testing in 2009 to establish opacity limits, and specify opacity monitoring as a

surrogate parameter for Part 227-1 particulate limits.

New conditions have also been added to this Permit for compliance record keeping for

40 CFR 63 Subpart DDDDD requirements, and the 6 NYCRR Part 243 CAIR NOx

Ozone Season Trading Program.

Finally, conditions for the 6 NYCRR Part 204 NOx Budget Rule, which has been

repealed, have been eliminated.

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: SCOTT SHEELEY

 NYS DEC

 6274 E AVON-LIMA RD

 AVON, NY 14414

Authorized Signature: _________________________________ Date: ___ / ___ / _____
 

Facility DEC ID: 8261400205

 DEC Permit Conditions

 Renewal 1/Mod 1/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: 8261400205

 DEC Permit Conditions

 Renewal 1/Mod 1/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

 Facility Level

 Submission of application for permit modification or

 renewal-REGION 8 HEADQUARTERS

 Submission of application for permit modification or

 renewal-REGION 8 HEADQUARTERS
 

Facility DEC ID: 8261400205

 DEC Permit Conditions

 Renewal 1/Mod 1/FINAL Page 5

 DEC GENERAL CONDITIONS

 **** General Provisions  

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

 state-only enforceable terms and conditions.

 GENERAL CONDITIONS - Apply to ALL Authorized Permits.

Condition 1: Facility Inspection by the Department

 Applicable State Requirement: ECL 19-0305

Item 1.1:

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

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

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

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

SAPA 401(3).

Item 1.2:

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

inspection to the permit area when requested by the Department.

Item 1.3:

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

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

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

permit.

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

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

Item 2.1:

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

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

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

Condition 3: Applications for permit renewals, modifications and transfers

 Applicable State Requirement: 6 NYCRR 621.11

Item 3.1:

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

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

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

Department must be in writing.

Item 3.2:

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

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

Permits. 

Item 3.3:

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

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

submitted prior to actual transfer of ownership.
 

Facility DEC ID: 8261400205

 DEC Permit Conditions

 Renewal 1/Mod 1/FINAL Page 6

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

Department

 Applicable State Requirement: 6 NYCRR 621.13

Item 1-1.1:

The Department reserves the right to 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.

 ** ** Facility Level  

Condition 1-2: Submission of application for permit modification or

renewal-REGION 8 

 HEADQUARTERS

 Applicable State Requirement: 6 NYCRR 621.6 (a)

Item 1-2.1:

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

 NYSDEC Regional Permit Administrator 

 Region 8 Headquarters

 Division of Environmental Permits

 6274 Avon-Lima Road

 Avon, NY 14414-9519
 

Facility DEC ID: 8261400205

 DEC Permit Conditions

 Renewal 1/Mod 1/FINAL Page 7

 (585) 226-2466

Condition 5: Submission of application for permit modification or renewal-REGION 8 

 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 8 Headquarters

 Division of Environmental Permits

 6274 Avon-Lima Road

 Avon, NY 14414-9519

 (716) 226-2466
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 1 FINAL

 Permit Under the Environmental Conservation Law (ECL)

 ARTICLE 19: AIR POLLUTION CONTROL - TITLE V PERMIT

 IDENTIFICATION INFORMATION

Permit Issued To:EASTMAN KODAK CO

 343 STATE ST

 ROCHESTER, NY 14650

Facility: KODAK OPERATIONS AT EASTMAN BUSINESS PARK

 1669 LAKE AVE

 ROCHESTER, NY 14652

Authorized Activity By Standard Industrial Classification Code:

 3861 - PHOTOGRAPH EQUIPMENT & SUPPLIES

 4931 - ELEC & OTHER SERVICES COMBINED

Mod 0 Permit Effective Date: 03/13/2009 Permit Expiration Date: 03/12/2014

Mod 1 Permit Effective Date: 05/25/2012 Permit Expiration Date: 03/12/2014
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 2 FINAL

 LIST OF CONDITIONS

 

 FEDERALLY ENFORCEABLE CONDITIONS

 Facility Level

 1 6 NYCRR 200.6: Acceptable Ambient Air Quality

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

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

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

 monitoring

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

 Reporting Requirements.

 1-2 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

 1-3 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

 1-4 6 NYCRR 202-1.1: Required Emissions Tests

 19 6 NYCRR 202-1.1: Required Emissions Tests

 21 40 CFR Part 68: Accidental release provisions.

 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 201-1.1 (b): Operation of Combustion Installation Units by 

 Duke Energy SUES-DEGS of Rochester, L.L.C.

 26 6 NYCRR Subpart 201-6: Emission Unit Definition

 27 6 NYCRR Subpart 201-6: Compliance Certification

 28 6 NYCRR 201-6.5 (f): Compliance Certification

 37 6 NYCRR Part 207: Submittal of Episode Action Plans

 1-5 6 NYCRR 211.1: Air pollution prohibited

 38 6 NYCRR 212.5 (e): Sources meeting Federal requirements, satisfy 

 Part 212 compliance for regulated contaminant

 1-6 6 NYCRR Subpart 243-1: Compliance Certification

 1-7 6 NYCRR Subpart 243-2: CAIR Representative

 1-8 6 NYCRR Subpart 243-8: Monitoring and reporting NOx emissions

 39 40CFR 60, NSPS Subpart A: Compliance Certification

 1-9 40CFR 63, Subpart DDDDD: Compliance Certification

 Emission Unit Level

 40 6 NYCRR Subpart 201-6: Emission Point Definition By Emission Unit
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 3 FINAL

 41 6 NYCRR Subpart 201-6: Process Definition By Emission Unit

 EU=U-00015

 42 6 NYCRR 201-6.5 (f): Building 321 Boilers Maintenance Mode

 43 6 NYCRR Subpart 202-1: Compliance Certification

 44 6 NYCRR 225-1.2 (d): Compliance Certification

 45 6 NYCRR 225-1.2 (d): Compliance Certification

 46 6 NYCRR 225-1.5 (a): Compliance Certification

 47 6 NYCRR 225-1.5 (a): Compliance Certification

 48 6 NYCRR 225-1.7: Compliance Certification

 49 6 NYCRR 227-1.3 (a): Compliance Certification

 50 6 NYCRR 227-1.4 (b): Compliance Certification

 51 6 NYCRR 227-1.4 (c): Stack Monitoring

 52 6 NYCRR 227-1.4 (d): Stack Monitoring

 53 6 NYCRR Subpart 227-2: Compliance Certification

 54 6 NYCRR Subpart 227-2: Compliance Certification

 55 6 NYCRR Subpart 227-2: Compliance Certification

 56 6 NYCRR 227-2.6: Compliance Certification

 1-10 6 NYCRR 249.3 (f): Compliance Certification

 1-11 40 CFR Part 64: Compliance Certification

 1-12 40 CFR Part 64: Compliance Certification

 58 40 CFR Part 64: Compliance Certification

 59 40 CFR Part 64: Compliance Certification

 EU=U-00015,Proc=K07

 60 6 NYCRR 227-2.4 (c) (1) (iv): Compliance Certification

 61 6 NYCRR 227.2 (b) (1): Compliance Certification

 EU=U-00015,Proc=K12

 62 6 NYCRR 227-1.2 (a) (1): Compliance Certification

 63 6 NYCRR 227-2.6 (a) (1): Testing, monitoring, and reporting 

 requirements for very large boilers.

 EU=U-00015,Proc=K13

 64 6 NYCRR 227-2.4 (a) (2): Compliance Certification

 65 6 NYCRR 227-2.6 (a) (1): Testing, monitoring, and reporting 

 requirements for very large boilers.

 66 40CFR 52.21(r)(6), Subpart A: Compliance Certification

 67 40CFR 52.21(r)(6), Subpart A: Compliance Certification

 68 40CFR 52.21(r)(6), Subpart A: Compliance Certification

 69 40CFR 52.21(r)(6), Subpart A: Compliance Certification

 70 40CFR 52.21(r)(6), Subpart A: Compliance Certification

 71 40CFR 52.21(r)(6), Subpart A: Compliance Certification

 72 40CFR 52.21(r)(6), Subpart A: Compliance Certification

 73 40CFR 52.21(r)(6), Subpart A: Compliance Certification

 74 40CFR 52.21(r)(6), Subpart A: Compliance Certification

 75 40CFR 52.21(r)(6), Subpart A: Compliance Certification

 EU=U-00015,Proc=K13,ES=321AG

 76 6 NYCRR 227-1.2 (a) (4): Compliance Certification

 EU=U-00015,Proc=K13,ES=321AH
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 4 FINAL

 77 6 NYCRR 227-1.2 (a) (4): Compliance Certification

 EU=U-00015,Proc=K13,ES=321AI

 78 6 NYCRR 227-1.2 (a) (4): Compliance Certification

 EU=U-00015,Proc=K14

 79 6 NYCRR 227-2.6 (a) (1): Testing, monitoring, and reporting 

 requirements for very large boilers.

 80 40CFR 52.21, Subpart A: Compliance Certification

 81 40CFR 52.21, Subpart A: Compliance Certification

 82 40CFR 60.42(a)(1), NSPS Subpart D: Compliance Certification

 83 40CFR 60.42(a)(2), NSPS Subpart D: Compliance Certification

 84 40CFR 60.43(a)(1), NSPS Subpart D: Standard for sulfur dioxide.

 85 40CFR 60.44(a)(2), NSPS Subpart D: Standard for nitrogen oxides.

 86 40CFR 60.45(a), NSPS Subpart D: Compliance Certification

 87 40CFR 60.45(g), NSPS Subpart D: Compliance Certification

 EU=U-00015,Proc=K15

 88 6 NYCRR 225-1.2 (a) (1): Compliance Certification

 89 6 NYCRR 225-1.2 (a) (1): Compliance Certification

 90 6 NYCRR 227-2.4 (a) (1): Compliance Certification

 91 6 NYCRR 227-2.6 (a) (1): Testing, monitoring, and reporting 

 requirements for very large boilers.

 92 40CFR 52.21, Subpart A: Compliance Certification

 93 40CFR 52.21, Subpart A: Compliance Certification

 94 40CFR 60.42(a)(1), NSPS Subpart D: Compliance Certification

 95 40CFR 60.42(a)(2), NSPS Subpart D: Compliance Certification

 96 40CFR 60.43(a)(2), NSPS Subpart D: Sulfur dioxide standard.

 97 40CFR 60.44(a)(3), NSPS Subpart D: Standard for nitrogen oxides.

 98 40CFR 60.45(a), NSPS Subpart D: Compliance Certification

 99 40CFR 60.45(g), NSPS Subpart D: Compliance Certification

 EU=U-00035,Proc=K25

 100 6 NYCRR 229.3 (e) (2) (v): VOL storage tanks less than 10000 gallons

 101 6 NYCRR 229.5 (d): Compliance Certification

 EU=U-00035,Proc=PTC

 102 6 NYCRR Part 226: Compliance Certification

 EU=U-00051,EP=32102,Proc=K18,ES=32111

 103 6 NYCRR 212.4 (c): Compliance Certification

 104 40CFR 52.21, Subpart A: Compliance Certification

 EU=U-00051,EP=32102,Proc=K18,ES=321AA

 105 6 NYCRR 212.6 (a): Compliance Certification

 EU=U-00051,EP=32106,Proc=K18,ES=321AD

 106 6 NYCRR 212.4 (c): Compliance Certification

 107 6 NYCRR 212.6 (a): Compliance Certification

 EU=U-00051,EP=32107,Proc=K18,ES=32106

 108 6 NYCRR 212.4 (c): Compliance Certification
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 5 FINAL

 EU=U-00051,EP=32107,Proc=K18,ES=321AE

 109 6 NYCRR 212.6 (a): Compliance Certification

 EU=U-00051,EP=M9001,Proc=K18,ES=M9001

 110 6 NYCRR 212.4 (c): Compliance Certification

 EU=U-00051,EP=M9001,Proc=K18,ES=M90AA

 111 6 NYCRR 212.6 (a): Compliance Certification

 STATE ONLY ENFORCEABLE CONDITIONS

 Facility Level

 112 ECL 19-0301: Contaminant List

 1-13 6 NYCRR 201-1.4: Unavoidable noncompliance and violations

 114 6 NYCRR 211.2: Air pollution prohibited

 1-14 6 NYCRR 211.2: Visible Emissions Limited

 Emission Unit Level

 EU=U-00015

 115 6 NYCRR 227-1.4 (a): Compliance Demonstration

 116 6 NYCRR 237-1.4 (c) (1): Compliance Demonstration

 117 6 NYCRR 242-1.4 (b): Compliance Demonstration

 EU=U-00015,Proc=K12

 1-15 6 NYCRR Part 249: Compliance Demonstration

 1-16 6 NYCRR Part 249: Compliance Demonstration

 EU=U-00051,EP=32106

 118 6 NYCRR 212.4 (a): Emissions from new emission sources and/or 

 modifications
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 6 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: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 7 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: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 8 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: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 9 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: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 10 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 03/13/2009 and 03/12/2014

 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 1-1: Fees

 Effective between the dates of 05/25/2012 and 03/12/2014

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

Item 1-1.1:

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

with the fee schedule authorized by ECL 72-0303.

Condition 2: Fees

 Effective between the dates of 03/13/2009 and 03/12/2014

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

Item 2.1:
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 11 FINAL

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

with the fee schedule authorized by ECL 72-0302.

Condition 3: Recordkeeping and reporting of compliance monitoring

 Effective between the dates of 03/13/2009 and 03/12/2014

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

Item 3.1:

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

reports:

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

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

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

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

procedures if required;

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

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

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

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

201.

Condition 4: Monitoring, Related Recordkeeping, and Reporting 

 Requirements.

 Effective between the dates of 03/13/2009 and 03/12/2014

 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 1-2: Compliance Certification

 Effective between the dates of 05/25/2012 and 03/12/2014

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

 Replaces Condition(s) 5

Item 1-2.1:

The Compliance Certification activity will be performed for the Facility.
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 12 FINAL

Item 1-2.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 To meet the requirements of this facility permit with 

 respect to reporting, the permittee must:

 Submit reports of any required monitoring at a minimum 

 frequency of every 6 months, based on a calendar year 

 reporting schedule. These reports shall be submitted to 

 the Department within 30 days after the end of a reporting

 period. All instances of deviations from permit 

 requirements must be clearly identified in such reports. 

 All required reports must be certified by the responsible 

 official for this facility.

 Notify the Department and report permit deviations and 

 incidences of noncompliance stating the probable cause of 

 such deviations, and any corrective actions or preventive 

 measures taken. Where the underlying applicable 

 requirement contains a definition of prompt or otherwise 

 specifies a time frame for reporting deviations, that 

 definition or time frame shall govern. Where the 

 underlying applicable requirement fails to address the 

 time frame for reporting deviations, reports of deviations

 shall be submitted to the permitting authority based on 

 the following schedule:

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

 identified in an applicable regulation) that continue for 

 more than an hour in excess of permit requirements, the 

 report must be made within 24 hours of the 

 occurrence.

 (2) For emissions of any regulated air pollutant, 

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

 that continue for more than two hours in excess of permit 

 requirements, the report must be made within 48 

 hours.

 (3) For all other deviations from permit requirements, 

 the report shall be contained in the 6 month monitoring 

 report required above.

 (4) This permit may contain a more stringent reporting 

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

 above. If more stringent reporting requirements have been

 placed in this permit or exist in applicable requirements 

 that apply to this facility, the more stringent reporting 

 requirement shall apply.
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 13 FINAL

 If above paragraphs (1) or (2) 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) and (2) of this section. For deviations 

 and incidences that must be reported outside of normal 

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

 Hotline phone number at 1-800-457-7362 shall be used. A 

 written notice, certified by a responsible official 

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

 submitted within 10 working days of an occurrence for 

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

 reported under paragraphs (1) and (2) of this section must

 also be identified in the 6 month monitoring report 

 required above.

 The provisions of 6 NYCRR 201-1.4 shall apply if the 

 permittee seeks to have a violation excused unless 

 otherwise limited by regulation. 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. 

 Notwithstanding any recordkeeping and reporting 

 requirements in 6 NYCRR 201-1.4, reports of any deviations

 shall not be on a less frequent basis than the reporting 

 periods described in paragraphs (1) and (4) above. 

 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 Quality Assurance (BQA) in 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 14 FINAL

 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.

Monitoring Frequency: SEMI-ANNUALLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Condition 6: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 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: 

 Requirements for compliance certifications with terms and

 conditions contained in this facility permit include the 

 following:

 i. Compliance certifications shall contain:

 - 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.

 ii. The responsible official must include in the annual 

 certification report all terms and conditions contained in

 this permit which are identified as being subject to 

 certification, including emission limitations, standards, 

 or work practices. That is, the provisions labeled herein

 as "Compliance Certification" are not the only provisions 

 of this permit for which an annual certification is 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 15 FINAL

 required.

 iii. 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.

 iv. 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 Quality Assurance 

 (BQA) in the DEC central office). Please send annual 

 compliance certifications to Chief of the Stationary 

 Source Compliance Section, the Region 2 EPA representative

 for the Administrator, at the following address:

 USEPA Region 2

 Air Compliance Branch

 290 Broadway

 New York, NY 10007-1866

 

 The address for the RAPCE is as follows:

 6274 East Avon-Lima Road

 Avon, NY 14414-9519

 The address for the BQA is as follows:

 NYSDEC 

 Bureau of Quality Assurance

 625 Broadway

 Albany, NY 12233-3258

Monitoring Frequency: ANNUALLY

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2010.

Subsequent reports are due on the same day each year

Condition 7: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 202-2.1

Item 7.1:

The Compliance Certification activity will be performed for the Facility.

Item 7.2:
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 16 FINAL

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Emission statements shall be submitted on or before April

 15th each year for emissions of the previous calendar 

 year.

Monitoring Frequency: ANNUALLY

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due by April 15th for previous calendar year

Condition 8: Recordkeeping requirements

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 202-2.5

Item 8.1:

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

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

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

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

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

department upon request during normal business hours.

Condition 9: Open Fires Prohibited at Industrial and Commercial Sites

 Effective between the dates of 03/13/2009 and 03/12/2014

 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 1-3: Open Fires - Prohibitions

 Effective between the dates of 05/25/2012 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 215.2

Item 1-3.1: 

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 1-3.2

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
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 17 FINAL

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

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 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 200.7
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 18 FINAL

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 03/13/2009 and 03/12/2014

 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

 Effective between the dates of 03/13/2009 and 03/12/2014

 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 03/13/2009 and 03/12/2014

 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 03/13/2009 and 03/12/2014

 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
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 19 FINAL

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 03/13/2009 and 03/12/2014

 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.

Condition 16: General Condition - Right to Inspect

 Effective between the dates of 03/13/2009 and 03/12/2014

 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 03/13/2009 and 03/12/2014

 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:
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 20 FINAL

(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 03/13/2009 and 03/12/2014

 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

(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 1-4: Required Emissions Tests

 Effective between the dates of 05/25/2012 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 202-1.1

Item 1-4.1:

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

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

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

Condition 19: Required Emissions Tests

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 202-1.1

Item 19.1:

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

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

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

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 21 FINAL

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

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

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

Condition 21: Accidental release provisions.

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40 CFR Part 68

Item 21.1:

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

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

apply:

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

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

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

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

in 40 CFR §68.10(a) or,

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

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

should be submitted to:

Risk Management Plan Reporting Center

C/O CSC

8400 Corporate Dr

Carrollton, Md. 20785

Condition 22: Accidental release provisions.

 Effective between the dates of 03/13/2009 and 03/12/2014

 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

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:
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 22 FINAL

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 03/13/2009 and 03/12/2014

 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 03/13/2009 and 03/12/2014

 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: Operation of Combustion Installation Units by Duke Energy 

 SUES-DEGS of Rochester, L.L.C.

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 201-1.1 (b)

Item 25.1:

SUEZ-DEGS of Rochester, L.L.C. (S-DEGS), formerly named Trigen Cinergy Solutions of

Rochester (TCSoR), the operator of Eastman Kodak Company's combustion installation units, is

responsible for compliance and primarily liable for non-compliance with the terms and

conditions included in Emission Units U00015, U00035, and U00051 and all requirements of

the Environmental Conservation Law and regulations applicable to the processes, emission

sources and emission points at Buildings 31 and 321 at Kodak Park Division. Upon submission

by Eastman Kodak Company of a corporate resolution or other appropriate documentation

demonstrating that Eastman Kodak Company authorizes a duly designated Responsible Official

of SUEZ-DEGS of Rochester to sign, execute and/or certify any permit applications, reports

and/or certification of statements required to be submitted pursuant to this permit, the

Environmental Conservation Law and/or applicable regulations with respect to the processes,

emission sources, emission points, at Buildings 31 and 321 at Kodak Park Division,

SUEZ-DEGS of Rochester shall be responsible for submission of all such reports, applications,

or certifications with respect to the processes, emission sources and emission points at Buildings

31 and 321 at Kodak Park Division. 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 23 FINAL

Condition 26: Emission Unit Definition

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 26.1(From Mod 1):

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

 Emission Unit: U-00015 

 Emission Unit Description: 

 BUILDING 31 AND 321 STATIONARY COMBUSTION 

 INSTALLATIONS, INCLUDING PACKAGE ABD BUILT 

 UP BOILERS USED FOR THE GENERATION OF 

 PROCESS STEAM AND ELECTRICITY

 Building(s): 031

 321

Item 26.2(From Mod 0):

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

 Emission Unit: U-00035 

 Emission Unit Description: 

 UTILITIES SUPPLY SIDE MISCELLANEOUS 

 STORAGE VESSELS

 Building(s): 031

 321

Item 26.3(From Mod 0):

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

 Emission Unit: U-00051 

 Emission Unit Description: 

 COAL AND ASH HANDLING SYSTEMS INCLUDING 

 FUGITIVE EMISSIONS FROM THE KPS COAL PILE 

 AND EXEMPT ACTIVITIES FROM BUILDING 31

 Building(s): 321

 M90

Condition 27: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 27.1:

The Compliance Certification activity will be performed for the Facility.

Item 27.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 24 FINAL

 All records required by this permit must be kept at the 

 facility for the term of this permit, and must be made 

 available to the Department upon request.

 The Department reserves the right to inspect this facility

 as deemed necessary to determine compliance with this 

 permit. Such inspections may be performed without prior 

 notification. Routine inspections will be made during 

 reasonable business hours, however, NYSDEC reserves the 

 right to enter the facility at any time if there is cause 

 to believe that the facility is in non-compliance. 

 

 All copies of reports and notification required under this

 section must be submitted to the NYSDEC Region 8 Office 

 and the NYSDEC Bureau of Stationary Sources in Albany. 

 Unless stated otherwise, such reports or notification 

 shall be submitted within thirty days after the end of 

 each calendar year quarter. The addresses for the above 

 offices are as follows:

 NYSDEC Region 8 Office 

 Attn: Air Quality Engineer 

 6274 East Avon Lima Road 

 Avon, NY 14414 

 NYSDEC 

 Bureau of Stationary Sources

 Division of Air Resources

 625 Broadway, 2nd Floor

 Albany, NY 12233-3254

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 28: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

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

Item 28.1:

The Compliance Certification activity will be performed for the Facility.

Item 28.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Operational Flexibility Plan

 I. Protocol Objective
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 25 FINAL

 The objective of this condition is to maximize operational

 flexibility at Kodak Park by building into the Title V 

 Permit the capability to make certain changes using a 

 protocol. As provided under 6 NYCRR Part 201-6.5(f)(2), 

 changes made under an approved protocol are not subject to

 the Title V permit modification provisions under 6 NYCRR 

 Part 201-6.7. 

 II. Changes Reviewed under the Protocol

 The following types of physical changes or changes in the 

 method of operation which otherwise would require a permit

 modification, may be reviewed under this protocol except 

 as otherwise limited under section III.A.:

 1. New emission sources, 

 2. 6 NYCRR Part 200 "modifications",

 3. Emission point relocations, and

 4. Changes that otherwise could be handled under the 

 minor permit modification process in 6 NYCRR Part 

 201-6.7.

 

 III. Protocol 

 A. Criteria

 1. Changes shall be evaluated under this protocol in 

 accordance with the following criteria:

 a. All underlying federal and state requirements with 

 which the new or changed emission source must comply must 

 exist in the Title V permit. The new or changed source 

 will be associated with an existing emissions unit, 

 process, emission source or emission point that has the 

 necessary regulatory citations. Existing permit conditions

 may be amended to reference or include the new or changed 

 emission source and any related information, and/or, 

 subject to DEC approval, new conditions proposed, to 

 provide the appropriate monitoring parameters.

 b. Any new or changed emission source shall not be part 

 of a source project that results in a significant net 

 emissions increase that exceeds the NSR thresholds 

 identified in 6 NYCRR Part 231-2 or 40 CFR 52.21. 

 SUEZ-DEGS will submit documentation of major NSR program 

 non-applicability for NYSDEC review and approval 

 consistent with the advance notification provisions of 

 Section III.B. below.

 

 c. The protocol shall not be used to make physical 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 26 FINAL

 changes or changes in the method of operation of existing 

 emission sources that would require a new federally 

 enforceable cap either to avoid major New Source Review 

 requirements or to address and comply with other Clean Air

 Act requirements such as RACT. Such changes must be 

 addressed via the significant permit modification 

 provisions.

 B. Notification Requirements for Changes Reviewed under 

 Protocol

 

 1. SUEZ-DEGS shall notify the Department in writing at 

 least 30 calendar days in advance of making changes 

 reviewed under the protocol which meet the criteria of 

 A.1. a-d, above.

 

 2. Notifications made in accordance with this protocol 

 will include the following documentation:

 a. Identification of the Title V permit emission unit, 

 process(es), emission sources, and emission points 

 affected by the proposed change with applicable revisions

 shown in a revised Emission Unit Matrix;

 b. Description of the proposed change;

 c. If appropriate, the identification and description of 

 emissions control technology and compliance terms;

 d. Documentation of the project's or emission source's 

 compliance with respect to all state and/or federally 

 applicable requirements according to an established 

 procedure which includes the following steps: 

 i. For new emission sources, identify all contaminants and

 calculate the emission rate potential and maximum 

 projected actual annual emission rates after the proposed

 change. For changes to existing emission sources, 

 emission rate potential and maximum projected actual 

 annual emission rates shall be provided for all 

 contaminants affected by the change.

 ii. Indicate the environmental rating for each contaminant

 identified in III.B.1.d.i as previously established by the

 Department or proposed based on the current DAR-1 Ambient 

 Guideline Concentration Table or toxicological 

 review.

 iii. Provide the rationale for determining that major NSR

 does not apply which may include: 1) an explanation that 

 the change is not a source project or modification under 

 40 CFR 52.21, 2) calculations that demonstrate that the 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 27 FINAL

 emissions increase from the project alone is not 

 significant or, 3) calculations that demonstrate that the 

 net emissions increase for the contemporaneous period is 

 not significant.

 iv. Model facility-wide emissions, including emissions 

 from the proposed project, using the approved dispersion 

 model known as the Kodak Air Resources Evaluation System 

 (KARES) or another model approved in advance by the 

 Department. Maximum projected actual annual emission 

 rates consistent with current permitting will be used in 

 the model.

 

 v. Identify and evaluate the applicability of all 

 regulations likely to be triggered by the new or changed 

 emission source, using the emissions information, 

 environmental ratings, modeling results and knowledge of 

 operations. 

 e. Any other relevant information used for the evaluation 

 of the proposed project or emission source under the 

 Protocol. 

 

 C. Review and Approval of Changes

 1. SUEZ-DEGS will be permitted to proceed with the change

 30 days from the Department's receipt of the notification 

 or upon prior Departmental approval, whichever is first, 

 unless the Department determines that a more detailed 

 review (in accordance with #3 below) or a permit 

 modification (in accordance with #2 below) is required.

 

 2. The Department may require a permit modification, in 

 order to impose new applicable requirements or additional 

 permit conditions if it determines that changes proposed 

 pursuant to notification do not meet the criteria under 

 III.A or that the change may have a significant air 

 quality impact or be otherwise potentially significant 

 under SEQRA (6NYCRR Part 617).

 3. The Department may require that the permittee not 

 undertake the proposed change until it completes a more 

 detailed review of the proposed change, which may include 

 potential air quality impacts and/or applicable 

 requirements. The Department's determination shall include

 a listing of information required for further review, if 

 necessary.

 4. The Department shall respond to the permittee in 

 writing with a determination under #2 or 3 above within 15

 days of receipt of the notification from the permittee. 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 28 FINAL

 

 D. Additional Compliance Obligations for Changes Made 

 Under this Protocol

 1. Upon commencement of the change, SUEZ-DEGS shall 

 comply with all applicable requirements and permit 

 conditions, including any amended or proposed in 

 accordance with III.A.1.a above.

 2. SUEZ-DEGS shall provide with the semi-annual 

 monitoring report, a summary of the changes made in 

 accordance with this protocol during the corresponding 

 period and a statement of the compliance status of 

 each.

 

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 37: Submittal of Episode Action Plans

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR Part 207

Item 37.1:

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 1-5: Air pollution prohibited

 Effective between the dates of 05/25/2012 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 211.1

Item 1-5.1:

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 38: Sources meeting Federal requirements, satisfy Part 212 

 compliance for regulated contaminant

 Effective between the dates of 03/13/2009 and 03/12/2014
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 29 FINAL

 Applicable Federal Requirement:6 NYCRR 212.5 (e)

Item 38.1:

A process emission source, subject to the Federal new source performance standards in 40 CFR

Part 60, the national emission standards for hazardous air pollutants in 40 CFR part 61, or to the

polychlorinated biphenyl disposal criteria in 40 CFR Part 761 satisfies the requirements of this

Part for the contaminant regulated by the Federal standard if the source owner can demonstrate

that the source is in compliance with the respective Federal regulation.

Condition 1-6: Compliance Certification

 Effective between the dates of 05/25/2012 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR Subpart 243-1

Item 1-6.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

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

Item 1-6.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 1. Nitrogen oxides ozone season emission requirements

 a) As of midnight of November 30, or midnight of the 

 first business day thereafter if November 30 is not a 

 business day, the owners and operators shall hold, in 

 their compliance account, CAIR NOx ozone season allowances

 available for compliance deductions for the previous 

 control period (May 1 through September 30), in an amount

 not less than the total tons of nitrogen oxides emissions

 from all CAIR NOx ozone season units at the source during 

 that control period. 

 

 (b) A CAIR NOx ozone season allowance shall not be 

 deducted, for compliance with the requirements under 

 paragraph (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. 

 

 (c) 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.

 (d) 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 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 30 FINAL

 source.

 (e) 'Excess emissions requirements.' If a CAIR NOx ozone 

 season source emits nitrogen oxides during any control 

 period in excess of the CAIR NOx ozone season emissions 

 limitation, 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 6NYCRR Part 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. Each ton of such excess emissions 

 and each day of such control period shall constitute a 

 separate violation of this permit, the Act, and applicable

 State law. 

 2. 'Record keeping and Reporting Requirements.'

 Unless otherwise provided, the owners and operators of the

 CAIR NOx ozone season source and each CAIR NOx ozone 

 season unit shall keep on site each of the following 

 documents for a period of five years from the date the 

 document is created. This period may be extended for 

 cause, at any time before the end of five years, in 

 writing by the department or the Administrator:

 (i) The certificate of representation under 6NYCRR Part 

 243-2.4 for the CAIR NOx ozone sesason designated 

 representative for the source and all documents that 

 demonstrate the truth of the statements in the certificate

 of representation; provided that the certificate and 

 documents shall be retained on site at the source beyond 

 such five year period until such documents are superseded 

 because of the submission of a new certificate of 

 representation under 6NYCRR Part 243-2.4 changing the CAIR

 NOx ozone season designated representative.

 (ii) All emissions monitoring information, in accordance 

 with 6NYCRR Part 234-8, provided that to the extent 

 that 6NYCRR Part 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.
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 31 FINAL

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 1-7: CAIR Representative

 Effective between the dates of 05/25/2012 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR Subpart 243-2

Item 1-7.1:

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

representative and may have one alternate representative, as per 6NYCRR Part 243-2.2, with

regard to all matters under the CAIR NOx Ozone Season Trading Program. The CAIR

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

of the source and act in accordance with the certification statement in 6NYCRR Part

243-2.4(a)(4)(iv). Upon receipt by the Administrator of a complete certificate of representation

under 6NYCRR Part 243-2.4, the CAIR designated representative of the source shall represent

and, by his or her representations, actions, inactions, or submissions, legally bind each owner

and operator of the CAIR NOx Ozone Season source represented 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. [243-2.1(a), (b) & (c)] 

(2) 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." [243-2.1(e)]

Condition 1-8: Monitoring and reporting NOx emissions

 Effective between the dates of 05/25/2012 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR Subpart 243-8

Item 1-8.1:

Monitoring and Reporting NOx emissions

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

 designated representative shall comply with all recordkeeping and 

 reporting requirements in this condition, the applicable recordkeeping

 and reporting requirements under 40 CFR 75, and the requirements of 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 32 FINAL

 6NYCRR Part 243-2.1(e)(1). 

 (2) The CAIR designated representative shall submit quarterly reports 

 of the the NOx mass emissions data and heat input data for each CAIR 

 NOx unit, in an electronic quarterly report in a format prescribed by 

 the Administrator, for each calendar quarter beginning with the 

 calendar quarter covering January 1, 2008 through March 31, 

 2008.

 (3) The CAIR designated representative shall submit each quarterly 

 report to the Administrator within 30 days following the end of the 

 calendar quarter covered by the report. Quarterly reports shall be 

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

 (4) For CAIR Nox 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 (6NYCRR Part 246), quarterly 

 reports shall include the applicable data and information required by 

 Subparts F through I of 40 CFR Part 75 as applicable, in addition to 

 the NOx mass emission data, heat input data, and other information 

 required by this Subpart.

 (5) 'Compliance certification.' The CAIR designated representative 

 shall submit to the Administrator a compliance certification (in a 

 format prescribed by the Administrator) in support of each quarterly 

 report based on reasonable inquiry of those persons with primary 

 responsibility for ensuring that all of the unit's emissions are 

 correctly and fully monitored. The certification shall state 

 that:

 (i) the monitoring data submitted were recorded in accordance with the

 applicable requirements of 6NYCRR Part 243 and 40 CFR Part 75, 

 including the quality assurance procedures and specifications; 

 and

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

 where NOx data are substituted in accordance with 40 CFR 75.34(a)(1), 

 the add-on emission controls were operating within the range of 

 parameters listed in the quality assurance/quality control program 

 under appendix B to 40 CFR Part 75 and the substitute data values do 

 not systematically underestimate NOx emissions.

 (6) Whenever any monitoring system fails to meet the quality-assurance

 and quality-control requirements or data validation requirements of 40

 CFR part 75, data shall be substituted using the applicable missing 

 data procedures in Subpart D or Subpart H of, or appendix D or 

 appendix E to 40 CFR part 75. [ 243-8.3(a) ]

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

 or change in any certified continuous emission monitoring system under
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 33 FINAL

 6NYCRR Part 243-8.1(a)(1) that may significantly affect the ability of

 the system to accurately measure or record NOx mass emissions or heat 

 input rate or to meet the quality-assurance and quality-control 

 requirements of 40 CFR 75.21 or appendix B to 40 CFR Part 75, the 

 owner or operator shall recertify the monitoring system in accordance 

 with 40 CFR 75.20(b) . Furthermore, whenever the owner or operator 

 makes a replacement, modification, or change to the flue gas handling 

 system or the unit's operation that may significantly change the stack

 flow or concentration profile, the owner or operator shall recertify 

 each continuous emission monitoring system whose accuracy is 

 potentially affected by the change, in accordance with 40 CFR 

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

 system that require recertification include replacement of the 

 analyzer, complete replacement of an existing continuous emission 

 monitoring system, or change in location or orientation of the 

 sampling probe or site. Any fuel flowmeter system, and any excepted 

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

 Part 243-8.1(a)(1) are subject to the recertification requirements in

 40 CFR 75.20(g)(6). 

Condition 39: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 60, NSPS Subpart A

Item 39.1:

The Compliance Certification activity will be performed for the facility:

The Compliance Certification applies to:

 Emission Unit: U-00015

 Emission Unit: U-00035

Item 39.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The following requirements apply as relevant to affected 

 facilities subject to 40 CFR Part 60 in the emission units

 listed above. 

 40 CFR 60.4 EPA Region 2 address

 All requests, reports, applications, submittals, and other

 communications to the Administrator pursuant

 to this part shall be submitted in duplicate to the 

 following address:

 Director, Division of Enforcement and Compliance 

 Assistance

 USEPA Region 2

 290 Broadway, 21st Floor
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 34 FINAL

 New York, NY 10007-1886

 Copies of all correspondence to the administrator pursuant

 to this part shall also be submitted to the NYSDEC 

 Regional Office issuing this permit (see address at the 

 beginning of this permit) and to the following 

 address:

 NYSDEC

 Bureau of Enforcement and Compliance Assurance

 625 Broadway

 Albany, NY 12233-3254

 40 CFR 60.7 Notification and record keeping

 Any owner or operator subject to this part shall furnish 

 the Administrator with the following information:

 1) a notification of the date construction or 

 reconstruction commenced, postmarked no later than 30 days

 after such date;

 3) a notification of the actual date of initial start up, 

 postmarked within 15 days after such date;

 4) a notification of any physical or operational change to

 an existing facility which may increase the emission rate 

 of any air pollutant to which a standard applies, unless 

 the change is specifically exempted under 40 CFR 60. The 

 notice shall be postmarked 60 days or as soon as 

 practicable before the change is commenced and shall 

 include information describing the precise nature of the 

 change, present and proposed emission control systems, 

 productive capability of the facility before and after the

 change, and the expected completion date of the change. 

 The Administrator may request additional information 

 regarding the change;

 5) a notification of the date upon which the demonstration

 of continuous monitoring system performance commences, 

 postmarked not less than 30 days prior to such date;

 6) a notification of the anticipated date for conducting 

 the opacity observations, postmarked not less than 30 days

 prior to such date; and

 7) a notification that continuous opacity monitoring 

 system data results will be used to determine compliance 

 with the applicable opacity standard during the 

 performance test, postmarked not less than 30 days prior 

 to the performance test.

 Affected owners or operators shall maintain records of 

 occurrence and duration of any startup, shutdown, or 

 malfunction in the operation of an affected facility; any 

 malfunction of the air pollution control equipment; or any

 periods during which a continuous monitoring system or 

 monitoring device is inoperative.
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 35 FINAL

 Affected owners or operators shall submit an excess 

 emissions report and/or a summary report form (as

 defined in 40 CFR 60.7(d)) semi-annually (or more 

 frequently as required by the applicable Subpart or the 

 Administrator), to the Administrator. These reports shall 

 be post marked no later than 30 days after each calendar 

 quarter (or as appropriate), and shall contain the 

 following information:

 1) the magnitude of excess emissions computed, any 

 conversion factors used, the date and time of 

 each

 occurrence, and the process operating time during the 

 reporting period;

 2) specific identification of each period of excess 

 emissions that occur during startup, shutdown, or 

 malfunction, where the nature, cause, and corrective 

 action are provided for a malfunction;

 3) the date and time identifying each period during which 

 the continuous monitoring system was inoperative except 

 for zero and span checks and the nature of the system 

 repairs or adjustments; and

 4) when no excess emissions have occurred or when the 

 continuous monitoring system(s) have not been inoperative,

 repaired, or adjusted, such information shall be provided 

 in the report.

 A summary report form, for each pollutant monitored, shall

 be sent to the Administrator in the form prescribed in 

 Figure 1 of 40 CFR Part 60.7(d).

 If the total duration of excess emissions for the 

 reporting period is less than 1 percent of the total 

 operating time for the reporting period and CMS downtime 

 for the reporting period is less than 5 percent of the 

 total operating time for the reporting period, only the 

 summary report form shall be submitted and the excess 

 emission report described in 60.7(c) need not be submitted

 unless requested by the Administrator. If the total 

 duration of excess emissions for the reporting period is 1

 percent or greater of the total operating time for the 

 reporting period and CMS downtime for the reporting period

 is 5 percent or greater of the total operating time for 

 the reporting period, the summary report form and the 

 excess emission report described in 60.7(c) shall both be 

 submitted. 

 The following files shall be maintained at the facility 

 for all affected sources: all measurements, 

 including

 continuous monitoring systems, monitoring device, and 

 performance testing measurements; all continuous 

 monitoring system performance evaluations;all continuous 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 36 FINAL

 monitoring device calibration checks; adjustments and 

 maintenance performed on these systems or devices; and all

 other information required by this part, recorded in 

 permanent form suitable for inspections. The file shall be

 maintained for at least two years following the date of 

 such measurements, maintenance, reports, and records, 

 except as specified in 40 CFR 60.7(f)(1)-(3). (Note: 

 Title V requires that monitoring records be maintained for

 5 years). 

 If notification substantially similar to that in paragraph

 (a) of this section is required by any other State or 

 local agency, sending the Administrator a copy of that 

 notification will satisfy the requirements of paragraph 

 (a) of this section. 

 Individual subparts of this part may include specific 

 provisions which clarify or make inappropriate the 

 provisions set forth in this section. 

 40 CFR 60.11 Compliance with Standards and Maintenance 

 Requirements

 Compliance with standards in 40 CFR Part 60, other than 

 opacity standards, shall be determined in accordance with 

 performance tests established by section 60.8 of 40 CFR 

 Part 60 unless otherwise specified in the applicable 

 standard.

 Compliance with opacity standards in this part shall be 

 determined by conducting observations in accordance with 

 Reference Method 9 in appendix A of this part, any 

 alternative method that is approved by the Administrator, 

 or as provided in paragraph (e)(5) of this section. For 

 purposes of determining initial compliance, the minimum 

 total time of observations shall be 3 hours (30 6-minute 

 averages) for the performance test or other set of 

 observations (meaning those fugitive type emission sources

 subject only to an opacity standard). 

 The opacity standards set forth in this part shall apply 

 at all times except during periods of startup, shutdown, 

 malfunction, and as otherwise provided in the applicable 

 standard. 

 At all times, including periods of startup, shutdown, and 

 malfunction, owners and operators of this facility

 shall, to the extent practicable, maintain and operate any

 affected facility including associated air 

 pollution

 control equipment in a manner consistent with good air 

 pollution control practice for minimizing emissions. 

 Determination of whether acceptable operating and 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 37 FINAL

 maintenance procedures are being used will be based on 

 information available to the Department and the 

 Administrator which may include, but is not limited to, 

 monitoring results, opacity observations, review of 

 operating and maintenance procedures, and inspection of 

 the source.

 40 CFR 60.12 Circumvention

 No owner or operator subject to the provisions of this 

 part shall build, erect, install, or use any 

 article,

 machine, equipment or process, the use of which conceals 

 an emission which would otherwise constitute a violation 

 of an applicable standard. Such concealment includes, but 

 is not limited to, the use of gaseous diluents to achieve 

 compliance with an opacity standard or with a standard 

 which is based on the concentration of a pollutant in the 

 gases discharged to the atmosphere.

 40 CFR 60.13 Monitoring requirements

 All continuous monitoring systems required under 

 applicable subparts shall be installed, calibrated, 

 maintained, and operated in accordance with the 

 requirements of section 60.13.

 40 CFR 60.14 Modification

 Within 180 days of the completion of any physical or 

 operational change (as defined in section 

 60.14),

 compliance with the applicable standards must be 

 achieved.

 40 CFR 60.15 Reconstruction

 An existing facility, upon reconstruction (as defined in 

 Section 60.15) becomes an affected facility, irrespective 

 of any change in emission rate. 

 At least 60 days prior to commencing reconstruction, a 

 notice of the proposed reconstruction must be submitted to

 the Administrator and must include the following: 

 1) a notice of intent to reconstruct 60 days prior to the 

 action;

 2) name and address of the owner or operator;

 3) the location of the existing facility;

 4) a brief description of the existing facility and the 

 components to be replaced;

 5) a description of the existing air pollution control 

 equipment and the proposed air pollution control 

 equipment;

 6) an estimate of the fixed capital cost of the 

 replacements and of constructing a comparable 

 entirely
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 38 FINAL

 new facility;

 7) the estimated life of the facility after the 

 replacements; and

 8) a discussion of any economic or technical limitations 

 the facility may have in complying with the applicable 

 standards of performance after the proposed 

 replacements.

 Individual subparts of this part may include specific 

 provisions which refine or delimit the concept of 

 reconstruction set forth in this section.

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 7/30/2009.

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

Condition 1-9: Compliance Certification

 Effective between the dates of 05/25/2012 and 03/12/2014

 Applicable Federal Requirement:40CFR 63, Subpart DDDDD

Item 1-9.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

 CAS No: 0NY100-00-0 HAP

Item 1-9.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Kodak/SUEZ-DEGs shall comply with 40 CFR 63 Subpart DDDDD

 (NESHAP for Major Sources: Industrial, Commercial and 

 Institutional Boilers and Process Heaters) any associated 

 requirements in 40 CFR 63 Subpart A by the corresponding 

 compliance date and/or other specified deadline.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

 ** ** Emission Unit Level  

Condition 40: Emission Point Definition By Emission Unit

 Effective between the dates of 03/13/2009 and 03/12/2014
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 39 FINAL

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 40.1(From Mod 1):

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

 Emission Unit: U-00015

 Emission Point: 00001 

 Height (ft.): 366 Diameter (in.): 132

 NYTMN (km.): 4786.321 NYTME (km.): 283.129 Building: 031

 Emission Point: 00003 

 Height (ft.): 408 Diameter (in.): 144

 NYTMN (km.): 4786.321 NYTME (km.): 283.129 Building: 321

 Emission Point: 00004 

 Height (ft.): 409 Diameter (in.): 180

 NYTMN (km.): 4786.321 NYTME (km.): 283.129 Building: 321

Item 40.2(From Mod 0):

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

 Emission Unit: U-00035

 Emission Point: 03104 

 Height (ft.): 72 Diameter (in.): 2

 NYTMN (km.): 4786.437 NYTME (km.): 284.912 Building: 031

 Emission Point: 321A0 

 Height (ft.): 187 Diameter (in.): 2

 NYTMN (km.): 4786.437 NYTME (km.): 284.912 Building: 321

Item 40.3(From Mod 0):

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

 Emission Unit: U-00051

 Emission Point: 32102 

 Height (ft.): 65 Diameter (in.): 96

 NYTMN (km.): 4786.437 NYTME (km.): 284.912 Building: 321

 Emission Point: 32106 

 Height (ft.): 135 Diameter (in.): 24

 NYTMN (km.): 4786.437 NYTME (km.): 284.912 Building: 321

 Emission Point: 32107 

 Height (ft.): 33 Diameter (in.): 6

 NYTMN (km.): 4786.437 NYTME (km.): 284.912 Building: 321

 Emission Point: M9001 

 Height (ft.): 24 Diameter (in.): 10

 NYTMN (km.): 4786.437 NYTME (km.): 284.912 Building: M90
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 40 FINAL

Condition 41: Process Definition By Emission Unit

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 41.1(From Mod 1):

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

 Emission Unit: U-00015

 Process: K07 Source Classification Code: 1-02-004-01

 Process Description: NO 6 FUEL OIL COMBUSTION IN PACKAGE BOILERS

 Emission Source/Control: 031AC - Combustion 

 Emission Source/Control: 031AD - Combustion 

 Emission Source/Control: 031AE - Combustion 

 Emission Source/Control: 031AF - Combustion 

Item 41.2(From Mod 1):

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

 Emission Unit: U-00015

 Process: K12 Source Classification Code: 1-02-004-01

 Process Description: 

 NO 6 FUEL OIL COMBUSTION FOR BUILT UP 

 BOILERS 41, 42 AND 43

 Emission Source/Control: 321AG - Combustion 

 Emission Source/Control: 321AH - Combustion 

 Emission Source/Control: 321AI - Combustion 

 Emission Source/Control: 32101 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

 Emission Source/Control: 32102 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

 Emission Source/Control: 32104 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

Item 41.3(From Mod 1):

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

 Emission Unit: U-00015

 Process: K13 Source Classification Code: 1-02-002-03

 Process Description: 

 BITUMINOUS COAL COMBUSTION FOR BUILT UP 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 41 FINAL

 BOILERS #41, 42 AND 43.

 Emission Source/Control: 321AG - Combustion 

 Emission Source/Control: 321AH - Combustion 

 Emission Source/Control: 321AI - Combustion 

 Emission Source/Control: 32101 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

 Emission Source/Control: 32102 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

 Emission Source/Control: 32104 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

Item 41.4(From Mod 1):

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

 Emission Unit: U-00015

 Process: K14 Source Classification Code: 1-02-005-01

 Process Description: 

 NO. 2 FUEL OIL COMBUSTION WITH NSPS 

 APPLICABILITY IN #44 BOILER.

 Emission Source/Control: 321AJ - Combustion 

 Emission Source/Control: 32103 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

Item 41.5(From Mod 1):

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

 Emission Unit: U-00015

 Process: K15 Source Classification Code: 1-02-002-02

 Process Description: 

 BITUMINOUS LOW SULFUR COAL COMBUSTION WITH

 NSPS APPLICABILITY, IN 44 BOILER

 Emission Source/Control: 321AJ - Combustion 

 Emission Source/Control: 32103 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

Item 41.6(From Mod 0):

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

 Emission Unit: U-00035

 Process: K16 Source Classification Code: 3-16-130-02

 Process Description: NO. 2 FUEL OIL STORAGE
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 42 FINAL

 Emission Source/Control: 001AE - Process 

Item 41.7(From Mod 0):

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

 Emission Unit: U-00035

 Process: K25 Source Classification Code: 3-16-130-02

 Process Description: BOILER FEEDWATER ADDITIVE STORAGE

 Emission Source/Control: 321AK - Process 

Item 41.8(From Mod 0):

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

 Emission Unit: U-00035

 Process: PTC Source Classification Code: 4-01-003-36

 Process Description: 

 SOLVENT METAL CLEANING MACHINES IN 

 BUILDING 31 AND 321

 Emission Source/Control: 031PC - Process 

 Emission Source/Control: 321PC - Process 

Item 41.9(From Mod 0):

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

 Emission Unit: U-00051

 Process: K18 Source Classification Code: 3-05-101-99

 Process Description: COAL ASH STORAGE AND TRANSFER OPERATIONS

 Emission Source/Control: 32106 - Control 

 Control Type: FABRIC FILTER

 Emission Source/Control: 32111 - Control 

 Control Type: FABRIC FILTER

 Emission Source/Control: M9001 - Control 

 Control Type: FABRIC FILTER

 Emission Source/Control: 321AA - Process 

 Emission Source/Control: 321AD - Process 

 Emission Source/Control: 321AE - Process 

 Emission Source/Control: M90AA - Process 

Condition 42: Building 321 Boilers Maintenance Mode

 Effective between the dates of 03/13/2009 and 03/12/2014

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

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 43 FINAL

Item 42.1:

This Condition applies to Emission Unit: U-00015

Item 42.2:

Maintenance inspections and cleanouts for Emission Points 00003 and 00004 occur

approximately twice every five years. During normal operations, Unit 41 is ducted to

EP 00003 and Unit 43 is ducted to EP 00004. During these maintenance activities,

emissions from Units 41 and 43 (ES 321AG and 321AI) may be re-ducted to the

alternate stack for a period of up to 10 days as necessary to perform maintenance on

the stack. Unit 42, ducted to EP 00003, and Unit 44, ducted to EP 00004, will not be

re-ducted during the maintenance procedure. 

While emissions from ES 321AG or ES 321AI are re-ducted during a maintenance

mode, the affected boilers shall continue to operate in accordance with all applicable

emission limits and requirements. Continuous opacity monitors on EP 00003 and EP

00004 will be used to monitor compliance with opacity limits during the maintenance

mode. 

TCSoR shall notify the Department at least 30 days prior to implementing the

maintenance mode which involves re-ducting emissions to the alternate stacks. 

Condition 43: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR Subpart 202-1

Item 43.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

Item 43.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 All testing must be done in accordance with protocols 

 approved by the Department in advance of the testing. 

 Test protocols must be submitted for approval at least 60 

 days in advance of the scheduled test date. The 

 Department must be provided with at least 30 days advanced

 notice of testing. Failure to notify or use approved 

 protocols is grounds for rejection of such tests.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 44: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 44 FINAL

 Applicable Federal Requirement:6 NYCRR 225-1.2 (d)

Item 44.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Regulated Contaminant(s):

 CAS No: 007704-34-9 SULFUR

Item 44.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 The maximum amount of sulfur in coal burned at the 

 facility shall not exceed 2.5 pounds of sulfur per million

 BTU gross heat content.

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: BITUMINOUS COAL

Parameter Monitored: SULFUR CONTENT

Upper Permit Limit: 2.5 pounds per million Btus

Monitoring Frequency: PER DELIVERY

Averaging Method: MAXIMUM - NOT TO BE EXCEEDED AT ANY 

 TIME (INSTANTANEOUS/DISCRETE OR GRAB)

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 45: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 225-1.2 (d)

Item 45.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Regulated Contaminant(s):

 CAS No: 007704-34-9 SULFUR

Item 45.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 45 FINAL

 The sulfur content of the fuel oil burned at the facility

 shall not exceed 1.5% by weight per 6 NYCRR Part 

 225-1.2(d), Table 2

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: OIL (NOT ELSEWHERE CLASSIFIED)

Parameter Monitored: SULFUR CONTENT

Upper Permit Limit: 1.5 percent reduction by weight

Monitoring Frequency: PER DELIVERY

Averaging Method: MAXIMUM - NOT TO BE EXCEEDED AT ANY 

 TIME (INSTANTANEOUS/DISCRETE OR GRAB)

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 46: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 225-1.5 (a)

Item 46.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 46.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 For each calendar quarter, for each of boilers 41, 42, 

 and 43 (i.e. emission sources 031AG, 031AH, and 031AI), 

 the following two step calculation procedure shall be 

 performed:

 Step 1: Calculate an allowable Sulfur Dioxide emission 

 limit by the equation

 

 S-allowable = ((1.1)(A-allowable)(M) + 

 (2)(B-allowable)(T)) / (M+T) 

 

 

 Where S-allowable is the allowable quarterly average 

 Sulfur Dioxide emissions rate in pounds per million 

 BTU

 A-allowable is the allowable quarterly sulfur in oil limit
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 46 FINAL

 from 6NYCRR, Part 225 in % Sulfur by weight

 M is the quarterly actual average of % of total heat input

 from oil

 B-allowable is the allowable quarterly Sulfur in coal 

 limit from 6NYCRR, Part 225 in pounds per million BTU 

 

 T is the quarterly actual average of total heat input from

 coal

 Step 2: Calculate whether the allowable Sulfur Dioxide 

 emissions limit is being met by the equation

 S-actual = ((1.1)(A-actual)(M) + (2)(B-actual)(T)) / (M + 

 T + G)

 Where S-actual is the actual quarterly average Sulfur 

 Dioxide emissions rate in pounds per million 

 BTU

 A-actual is the actual quarterly sulfur in oil content, in

 % Sulfur by weight

 M is as defined above

 B-actual is the actual quarterly sulfur in coal content, 

 in pounds per million BTU

 

 T is as defined above

 G is the quarterly actual average of total heat input from

 natural gas

 The calculations performed in this manner shall assure 

 that the actual QUARTERLY average Sulfur Dioxide emissions

 rate shall not exceed the allowable QUARTERLY average 

 Sulfur Dioxide emissions rate.

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 7/30/2009.

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

Condition 47: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 225-1.5 (a)

Item 47.1:
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 47 FINAL

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 47.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 For each calendar year, for each of boilers 41, 42, and 

 43 (i.e. emission sources 031AG, 031AH, and 031AI), the 

 following two step calculation procedure shall be 

 performed:

 Step 1: Calculate an allowable Sulfur Dioxide emission 

 limit by the equation

 

 S-allowable = ((1.1)(A-allowable)(M) + 

 (2)(B-allowable)(T)) / (M+T) 

 

 

 Where S-allowable is the allowable annual average Sulfur 

 Dioxide emissions rate in pounds per million 

 BTU

 A-allowable is the allowable annual sulfur in oil limit 

 from 6NYCRR, Part 225 in % Sulfur by weight

 M is the annual actual average of % of total heat input 

 from oil

 B-allowable is the allowable annual Sulfur in coal limit 

 from 6NYCRR, Part 225 in pounds per million BTU 

 T is the annual actual average of total heat input from 

 coal

 Step 2: Calculate whether the allowable Sulfur Dioxide 

 emission limit is being met by the equation 

 S-actual = ((1.1)(A-actual)(M) + (2)(B-actual)(T)) / 

 (M + T + G)

 Where S-actual is the annual average Sulfur Dioxide 

 emissions rate in pounds per million BTU

 A-actual is the actual annual sulfur in oil content, in % 

 Sulfur by weight
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 48 FINAL

 M is as defined above

 B-actual is the actual annual sulfur in coal content, in 

 pounds per million BTU

 

 T is as defined above

 G is the annual actual average of total heat input from 

 natural gas

 The calculations performed in this manner shall assure 

 that the actual ANNUAL average Sulfur Dioxide emissions 

 rate shall not exceed the allowable ANNUAL average Sulfur 

 Dioxide emissions rate.

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 7/30/2009.

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

Condition 48: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 225-1.7

Item 48.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Regulated Contaminant(s):

 CAS No: 007704-34-9 SULFUR

Item 48.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 All relevant emission and fuel sampling requirements of 

 Subparts 225-1.7 and 225-1.8 are applicable to the 

 facility. Fuel sampling and sulfur analysis shall be 

 conducted on site and results summarized and submitted to 

 the Department on a quarterly basis according to the Kodak

 Park Facility - 6 NYCRR Part 225-1.8 Fuel Sampling and 

 Analysis Plan, dated January 2002 (or a more recent plan 

 approved by the Department).

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 49 FINAL

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 49: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

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

Item 49.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

Item 49.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 No owner or operator of a combustion installation shall 

 emit greater than 20 percent opacity except for one six 

 minute period per hour, not to exceed 27 percent, based 

 upon the six minute average utilizing a continuous opacity

 monitor (COM).

 Not withstanding the quarterly reporting requirements of 

 Part 227-1.4(b), compliance with the opacity limit stated 

 above shall be included in the Semi-annual Compliance 

 Monitoring Report, pursuant to 201-6.5(c)(2).

Parameter Monitored: OPACITY

Upper Permit Limit: 20 percent

Monitoring Frequency: CONTINUOUS

Averaging Method: 6 MINUTE AVERAGE

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 50: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 227-1.4 (b)

Item 50.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

Item 50.2:

Compliance Certification shall include the following monitoring:
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 50 FINAL

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner or operator of a stationary combustion 

 installation which utilizes a continuous opacity 

 monitoring system (COMS) shall include the following in 

 their quarterly Excess Visible Emissions and Opacity 

 Monitor Downtime Report:

 1) the magnitude, location (building, emission point and 

 boiler #), 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 during which the COMS were 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 

 during which the COMS were required to record data; 

 6) the number of exceedances due to Start-up, Shut-down 

 and Malfunction conditions and indication of those 

 Malfunctions which were reported to the Department under 

 Part 201-1.4 as a potentially excused exceedances. 

 7) other information as the Department may deem necessary,

 proper or desirable in order to enforce Article 19 of the 

 Environmental Conservation Law (ECL) or the rules 

 promulgated thereunder.

Monitoring Frequency: CONTINUOUS

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 4/30/2009.

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

Condition 51: Stack Monitoring

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 227-1.4 (c)
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 51 FINAL

Item 51.1:

This Condition applies to Emission Unit: U-00015

Item 51.2:

If the sum of the maximum heat input capacity of all furnaces, which are operated

simultaneously and are connected to a common air cleaning device and/or a common stack

exceeds 250 million Btu per hour maximum heat input capacity, stack monitoring shall be

required for such combustion installation in accordance with 6 NYCRR Part 227-1.4. The

continuous stack monitoring and reporting requirements of this section as they may pertain

to existing stationary combustion installlations shall apply witihin one year after the

effective date of this section, or by such later date as determined by an order of the

commissioner.

Condition 52: Stack Monitoring

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 227-1.4 (d)

Item 52.1:

This Condition applies to Emission Unit: U-00015

Item 52.2:

Upon written application by a source owner, the commissioner may except a source owner

or operator from the provisions of this section and set forth alternative stack monitoring and

reporting requirements if the source owner can demonstrate that:

 1.commercially available continuous stack monitoring systems would not provide

accurate determinations of readings; or 

 2.the installation of a continuous stack monitoring system would impose an extreme

economic burden on the source owner; or 

 3.existing stack monitoring equipment which does not conform to the criteria in

appendix B of title 40, part 60 of the Code of Federal Regulations provides accurate and

reliable data; 

 4.a continuous stack monitoring system cannot be installed due to physical limitations.

Condition 53: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR Subpart 227-2

Item 53.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Regulated Contaminant(s):

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

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 52 FINAL

Item 53.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 All emission limits based on heat input correspond to the

 Higher Heating Value (HHV) of the fuel burned. The limits 

 apply at all loads of operation, except during periods of 

 startup and shutdown (not to exceed three hours per 

 occurrence), malfunctions (as defined in 6 NYCRR Part 

 201-2(b)(22)), periods of low steam demand (weekend 

 turndown cycles), and periods of gas curtailment.

 NOx limits during periods of low steam demand (low load) 

 shall be determined by a plot of NOx vs. load, percent gas

 (or coal) vs. load, which were established following 

 completion of the reburn studies on Boilers 41, 42 and 43 

 and submitted to the Department on the following dates: 

 February 3, 1998 (Boiler 43), January 19, 1999 (Boiler 

 42), and June 28, 1999 (Boiler 41). 

 During periods of a natural gas curtailment, NOx emissions

 shall be minimized according to the procedures of the 

 Natural Gas Curtailment Plan, subject to Department 

 approval.

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 7/30/2009.

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

Condition 54: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR Subpart 227-2

Item 54.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

Item 54.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Boilers 41, 42 and 43 shall only fire natural gas, 

 residual oil or bituminous coal. Boilers 1, 2, 3 and 4 

 shall fire only residual oil. Boiler 44 shall fire only 

 distillate oil and bituminous coal.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 53 FINAL

 DESCRIPTION

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 55: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR Subpart 227-2

Item 55.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

Item 55.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 A summary of the emission limits and operating 

 restrictions for this permit must be posted in the 

 Building 31 and 321 control rooms and must be plainly 

 visible (without obstructions) to the operator of the 

 facility.

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 7/30/2009.

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

Condition 56: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 227-2.6

Item 56.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Regulated Contaminant(s):

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

Item 56.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 54 FINAL

 Certified continuous monitoring and recording systems 

 (CEM) to measure NOx and either CO2 or O2 in the exhaust 

 stack of Boilers 41, 42, 43 and 44 are required. These 

 CEM systems shall be calibrated and maintained and shall 

 meet the requirements of 6 NYCRR 227-2.6. The Department 

 shall be notified 30 days in advance of the date upon 

 which CEM system performance demonstration are scheduled 

 to commence. 

 A quarterly written CEM report shall be submitted to 

 NYSDEC for every calendar year quarter. All quarterly 

 reports shall be postmarked by the 30th day following the 

 end of each calendar quarter and shall include:

 (i) A summary of excess emissions and CEMs downtime 

 reported in the format acceptable to the Department.

 (ii) The results of the quarterly monitoring performance 

 audit, reported in the format of 40 CFR 60 Appendix F (or 

 equivalent).

 (iii) Excess emissions shall be identified as any 24 hour 

 block period or 30 day average depending upon the time of 

 the year during which the average emissions of NOx, as 

 measured by the CEM system, exceeds the corresponding mass

 or concentration emission limits set forth in Section 

 I.

 (iv) For the purposes of this permit, excess emissions 

 indicated by the CEM system for 24 hour or 30 day block, 

 depending upon the time of year, periods other than 

 startups, shutdowns and malfunctions (6 NYCRR 201.5(d)) 

 may be considered violations of the applicable emission 

 limits.

 A file of all measurements shall be maintained, including 

 CEM system performance evaluations; all CEM systems or 

 monitoring device calibration checks; adjustments and 

 maintenance performed on these systems or devices; and all

 other information required by 40 CFR Part 60 recorded in a

 permanent form suitable for inspection. Files of such 

 measurements, maintenance, reports, and records shall be 

 retained for at least five years.

Monitoring Frequency: CONTINUOUS

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 4/30/2009.

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

Condition 1-10: Compliance Certification

 Effective between the dates of 05/25/2012 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 249.3 (f)

Item 1-10.1:
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 55 FINAL

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

 CAS No: 0NY075-00-5 PM-10

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

Item 1-10.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The conditions 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).

Condition 1-11: Compliance Certification

 Effective between the dates of 05/25/2012 and 03/12/2014

 Applicable Federal Requirement:40 CFR Part 64

 Replaces Condition(s) 57

Item 1-11.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 1-11.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 For the purposes of demonstrating compliance with 40 CFR 

 52.21 Prevention of Significant Deterioration (PSD) and 6 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 56 FINAL

 NYCRR Part 227-1.2(a)(3) particulate limits of 0.035 

 lb/mmbtu for Boiler 44 (ES 321AJ/ EP 00004), Compliance 

 Assurance Monitoring Rule (CAM) requirements apply in 

 accordance with the CAM Plan, effective September 2009 (or

 more recent plan approved by the Department). Opacity 

 shall be measured by the continuous opacity monitoring 

 system (COMS) at the outlet of the Boiler 44 ESP (Control 

 Device 32103). The COMS shall be operated, calibrated and 

 maintained in accordance with QA/QC requirements in 40 CFR

 Part 60 Appendix B. This breeching COM data shall be used

 an indicator of compliance with the particulate limit as 

 demonstrated by the most recent stack test completed in 

 November 2009. Based on these test results, an exsursion 

 is defined as an opacity value (3-hour block average of 6 

 minute data averages) greater than 9.0%, except during 

 periods of startup, shutdown, and malfunction. 

 

 Response to Excursions

 In the event that an opacity excursion occurs, the control

 equipment and breeching COMS shall be inspected and 

 necessary repairs initiated, as appropriate. The boiler 

 combustion parameters and ESP operating parameters will be

 evaluated and the following corrective actions will be 

 taken:

 1. Reduce boiler load as possible to achieve compliance 

 with one-hour opacity average.

 2. Make on-line repairs to units as necessary and 

 re-evaluate system functionality.

 3. In the event that full system functionality cannot be 

 restored, the unit will be shut down and repaired as soon 

 as plant loading conditions permit.

 If continued accumulation of excursions exceeds 5 percent 

 of breeching opacity COM data (averaged over a 3-hour 

 block period, excluding startup and shutdown periods) 

 recorded in a calendar quarter, a Quality Improvement Plan

 (QIP) will be implemented as set forth in the CAM Plan and

 40 CFR 64.8. As an initial step of the QIP, additional 

 stack testing shall be performed within the time specified

 by the Department to demonstrate compliance with the 

 particulate standard and/or establish a basis for 

 adjustment of the breeching opacity limit, as 

 necessary.

 Regardless of whether a QIP is implemented, particulate 

 emissions testing to re-establish the compliance indicator

 shall be conducted at least once during the term of the 

 permit (i.e. prior to application for Title V Permit 

 Renewal). A test notification and protocol shall be 

 submitted 30 days prior to a planned test date. A test 

 report shall be submitted to the Department within 60 days
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 57 FINAL

 of completing testing along with the proposed compliance 

 indicator(s). 

 Record keeping

 The operator shall maintain records in accordance with 40 

 CFR 64.9(b). All data required for compliance with this 

 condition shall be kept on site and made available to the 

 Department upon request. 

 Reporting

 Pursuant to 40 CFR 64.9(a), reports of excursions, COM 

 downtime incidents, and implementation of a QIP shall be 

 included in the Title V Semi-Annual Monitoring Deviation 

 Reports. For each excursion or COM downtime incident, 

 these reports shall include the measured opacity, 

 duration, cause (including unknown cause, if applicable), 

 and the corrective actions taken. If necessary, the 

 reports shall also include a description of the actions 

 takento implement a QIP during the reporting period as 

 specified in 40 CFR 64.8. Upon completion of a QIP, the 

 operator shall include in the next report documentation 

 that the implementation of the plan has been completed and

 reduced teh likelihood of similar levels of excursions 

 occuring.

Parameter Monitored: OPACITY

Upper Permit Limit: 9.0 percent

Monitoring Frequency: CONTINUOUS

Averaging Method: 3-HOUR BLOCK AVERAGE

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Condition 1-12: Compliance Certification

 Effective between the dates of 05/25/2012 and 03/12/2014

 Applicable Federal Requirement:40 CFR Part 64

 Replaces Condition(s) 57

Item 1-12.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 1-12.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 58 FINAL

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 For the purpose of demonstrating compliance with the Part

 227-1.2(a)(4) particulate limits of 0.26 lb/mmbtu for 

 Boiler 41 (ES 321AG/ EP 00003), Compliance Assurance 

 Monitoring Rule (CAM) requirements apply in accordance 

 with the CAM Plan, effective September 2009 (or more 

 recent plan approved by the Department). Opacity shall be 

 measured by the continuous opacity monitoring system 

 (COMS) at the outlet of the Boiler 41 ESP (Control Device 

 32101). The COMS shall be operated, calibrated and 

 maintained in accordance with QA/QC requirements in 40 CFR

 Part 60 Appendix B. This breeching COM data shall be used

 an indicator of compliance with the particulate limit as 

 demonstrated by the most recent stack test completed in 

 June 2009. Based on these test results, an exsursion is 

 defined as an opacity value (3-hour block average of 6 

 minute data averages) greater than 13.0%, except during 

 periods of startup, shutdown, and malfunction. 

 

 Response to Excursions

 In the event that an opacity excursion occurs, the control

 equipment and breeching COMS shall be inspected and 

 necessary repairs initiated, as appropriate. The boiler 

 combustion parameters and ESP operating parameters will be

 evaluated and the following corrective actions will be 

 taken:

 1. Reduce boiler load as possible to achieve compliance 

 with one-hour opacity average.

 2. Make on-line repairs to units as necessary and 

 re-evaluate system functionality.

 3. In the event that full system functionality cannot be 

 restored, the unit will be shut down and repaired as soon 

 as plant loading conditions permit.

 If continued accumulation of excursions exceeds 5 percent 

 of breeching opacity COM data (averaged over a 3-hour 

 block period, excluding startup and shutdown periods) 

 recorded in a calendar quarter, a Quality Improvement Plan

 (QIP) will be implemented as set forth in the CAM Plan and

 40 CFR 64.8. As an initial step of the QIP, additional 

 stack testing shall be performed within the time specified

 by the Department to demonstrate compliance with the 

 particulate standard and/or establish a basis for 

 adjustment of the breeching opacity limit, as 

 necessary.

 Regardless of whether a QIP is implemented, particulate 

 emissions testing to re-establish the compliance indicator

 shall be conducted at least once during the term of the 

 permit (i.e. prior to application for Title V Permit 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 59 FINAL

 Renewal). A test notification and protocol shall be 

 submitted 30 days prior to a planned test date. A test 

 report shall be submitted to the Department within 60 days

 of completing testing along with the proposed compliance 

 indicator(s). 

 Record keeping

 The operator shall maintain records in accordance with 40 

 CFR 64.9(b). All data required for compliance with this 

 condition shall be kept on site and made available to the 

 Department upon request. 

 Reporting

 Pursuant to 40 CFR 64.9(a), reports of excursions, COM 

 downtime incidents, and implementation of a QIP shall be 

 included in the Title V Semi-Annual Monitoring Deviation 

 Reports. For each excursion or COM downtime incident, 

 these reports shall include the measured opacity, 

 duration, cause (including unknown cause, if applicable), 

 and the corrective actions taken. If necessary, the 

 reports shall also include a description of the actions 

 takento implement a QIP during the reporting period as 

 specified in 40 CFR 64.8. Upon completion of a QIP, the 

 operator shall include in the next report documentation 

 that the implementation of the plan has been completed and

 reduced teh likelihood of similar levels of excursions 

 occuring.

Parameter Monitored: OPACITY

Upper Permit Limit: 13.0 percent

Monitoring Frequency: CONTINUOUS

Averaging Method: 3-HOUR BLOCK AVERAGE

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Condition 58: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40 CFR Part 64

Item 58.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 58.2:

Compliance Certification shall include the following monitoring:
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 60 FINAL

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 For the purpose of demonstrating compliance with the Part

 227-1.2(a)(4) particulate limits of 0.24 lb/mmbtu for 

 Boiler 43 (ES 321AI/ EP 00004), Compliance Assurance 

 Monitoring Rule (CAM) requirements apply in accordance 

 with the CAM Plan, dated September 15, 2007 (or more 

 recent plan approved by the Department). Opacity shall be

 measured by the continuous opacity monitoring system 

 (COMS) at the outlet of the Boiler 43 ESP (Control Device 

 32101). The COMS shall be operated, calibrated and 

 maintained in accordance with QA/QC requirements in 40 CFR

 Part 60 Appendix B. This breeching COM data shall be used

 an indicator of compliance with the particulate limit as 

 demonstrated by the most recent stack test completed in 

 August 2007. Based on these test results, an exsursion is

 defined as an opacity value (3-hour block average of 6 

 minute data averages) greater than 13.5%, except during 

 periods of startup, shutdown, and malfunction. 

 

 Response to Excursions

 In the event that an opacity excursion occurs, the control

 equipment and breeching COMS shall be inspected and 

 necessary repairs initiated, as appropriate. 

 The boiler combustion parameters and ESP operating 

 parameters will be evaluated and the following corrective 

 actions will be taken:

 1. Reduce boiler load as possible to achieve compliance 

 with one-hour opacity average.

 2. Make on-line repairs to units as necessary and 

 re-evaluate system functionality.

 3. In the event that full system functionality cannot be 

 restored, the unit will be shut down and repaired as soon 

 as plant loading conditions permit.

 If continued accumulation of excursions exceeds 5 percent 

 of breeching opacity COM data (averaged over a 3-hour 

 block period, excluding startup and shutdown periods) 

 recorded in a calendar quarter, a Quality Improvement Plan

 (QIP) will be implemented as set forth in the CAM Plan and

 40 CFR 64.8. As an initial step of the QIP, additional 

 stack testing shall be performed within the time specified

 by the Department to demonstrate compliance with the 

 particulate standard and/or establish a basis for 

 adjustment of the breeching opacity limit, as 

 necessary.

 Regardless of whether a QIP is implemented, particulate 

 emissions testing to re-establish the compliance indicator
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 61 FINAL

 shall be conducted at least once during the term of the 

 permit (i.e. prior to application for Title V Permit 

 Renewal). A test notification and protocol shall be 

 submitted 30 days prior to a planned test date. A test 

 report shall be submitted to the Department within 60 days

 of completing testing along with the proposed compliance 

 indicator(s). 

 Record keeping

 The operator shall maintain records in accordance with 40 

 CFR 64.9(b). All data required for compliance with this 

 condition shall be kept on site and made available to the 

 Department upon request. 

 Reporting

 Pursuant to 40 CFR 64.9(a), reports of excursions, COM 

 downtime incidents, and implementation of a QIP shall be 

 included in the Title V Semi-Annual Monitoring Deviation 

 Reports. For each excursion or COM downtime incident, 

 these reports shall include the measured opacity, 

 duration, cause (including unknown cause, if applicable), 

 and the corrective actions taken. If necessary, the 

 reports shall also include a description of the actions 

 takento implement a QIP during the reporting period as 

 specified in 40 CFR 64.8. Upon completion of a QIP, the 

 operator shall include in the next report documentation 

 that the implementation of the plan has been completed and

 reduced teh likelihood of similar levels of excursions 

 occuring.

Parameter Monitored: OPACITY

Upper Permit Limit: 13.5 percent

Monitoring Frequency: CONTINUOUS

Averaging Method: 3-HOUR BLOCK AVERAGE

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 59: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40 CFR Part 64

Item 59.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 62 FINAL

Item 59.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 For the purpose of demonstrating compliance with the Part

 227-1.2(a)(4) particulate limits of 0.26 lb/mmbtu for 

 Boiler 42 (ES 321AH/ EP 00003), Compliance Assurance 

 Monitoring Rule (CAM) requirements apply in accordance 

 with the CAM Plan, dated September 15, 2007 (or more 

 recent plan approved by the Department). Opacity shall be

 measured by the continuous opacity monitoring system 

 (COMS) at the outlet of the Boiler 42 ESP (Control Device 

 32104). The COMS shall be operated, calibrated and 

 maintained in accordance with QA/QC requirements in 40 CFR

 Part 60 Appendix B. This breeching COM data shall be used

 an indicator of compliance with the particulate limit as 

 demonstrated by the most recent stack test completed in 

 August 2007. Based on these test results, an exsursion is

 defined as an opacity value (3-hour block average of 6 

 minute data averages) greater than 14%, except during 

 periods of startup, shutdown, and malfunction. 

 

 Response to Excursions

 In the event that an opacity excursion occurs, the control

 equipment and breeching COMS shall be inspected and 

 necessary repairs initiated, as appropriate. 

 The boiler combustion parameters and ESP operating 

 parameters will be evaluated and the following corrective 

 actions will be taken:

 1. Reduce boiler load as possible to achieve compliance 

 with one-hour opacity average.

 2. Make on-line repairs to units as necessary and 

 re-evaluate system functionality.

 3. In the event that full system functionality cannot be 

 restored, the unit will be shut down and repaired as soon 

 as plant loading conditions permit.

 If continued accumulation of excursions exceeds 5 percent 

 of breeching opacity COM data (averaged over a 3-hour 

 block period, excluding startup and shutdown periods) 

 recorded in a calendar quarter, a Quality Improvement Plan

 (QIP) will be implemented as set forth in the CAM Plan and

 40 CFR 64.8. As an initial step of the QIP, additional 

 stack testing shall be performed within the time specified

 by the Department to demonstrate compliance with the 

 particulate standard and/or establish a basis for 

 adjustment of the breeching opacity limit, as 

 necessary.
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 63 FINAL

 Regardless of whether a QIP is implemented, particulate 

 emissions testing to re-establish the compliance indicator

 shall be conducted at least once during the term of the 

 permit (i.e. prior to application for Title V Permit 

 Renewal). A test notification and protocol shall be 

 submitted 30 days prior to a planned test date. A test 

 report shall be submitted to the Department within 60 days

 of completing testing along with the proposed compliance 

 indicator(s). 

 Record keeping

 The operator shall maintain records in accordance with 40 

 CFR 64.9(b). All data required for compliance with this 

 condition shall be kept on site and made available to the 

 Department upon request. 

 Reporting

 Pursuant to 40 CFR 64.9(a), reports of excursions, COM 

 downtime incidents, and implementation of a QIP shall be 

 included in the Title V Semi-Annual Monitoring Deviation 

 Reports. For each excursion or COM downtime incident, 

 these reports shall include the measured opacity, 

 duration, cause (including unknown cause, if applicable), 

 and the corrective actions taken. If necessary, the 

 reports shall also include a description of the actions 

 takento implement a QIP during the reporting period as 

 specified in 40 CFR 64.8. Upon completion of a QIP, the 

 operator shall include in the next report documentation 

 that the implementation of the plan has been completed and

 reduced teh likelihood of similar levels of excursions 

 occuring.

Parameter Monitored: OPACITY

Upper Permit Limit: 14 percent

Monitoring Frequency: CONTINUOUS

Averaging Method: 3-HOUR BLOCK AVERAGE

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 60: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 227-2.4 (c) (1) (iv)

Item 60.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K07
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 64 FINAL

 Regulated Contaminant(s):

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

Item 60.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 In order to comply with Subpart 227-2 NOx RACT 

 requirements, NOx emissions from each of the Package 

 Boilers 1, 2, 3 and 4 (ES 031AC, 031AD, 031AE, 031AF) 

 shall not exceed 0.57 lb/mmBtu and 56 lb/hr based on a one

 hour average. These boilers are each limited to 200,000 

 gallons of residual oil use per year, on a twelve month 

 rolling basis. The amount of fuel burned in these units

 must be recorded within ±5% accuracy and shall be 

 incorporated into a 12 month rolling total.

Work Practice Type: PROCESS MATERIAL THRUPUT

Process Material: NUMBER 6 OIL

Upper Permit Limit: 200000 gallons per year

Monitoring Frequency: MONTHLY

Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 61: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

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

Item 61.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K07

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 61.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Particulate emissions from each of the Package Boilers 1,

 2, 3, and 4 (ES 031AC, 031AD, 031AE, 031AF) shall not 

 exceed 0.10 lb/mmBtu. In order to ensure compliance with 

 the particulate limit, annual tune-ups shall be performed 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 65 FINAL

 on each boiler. Records of maintenance and tune-ups shall

 be kept on site and made available to the Department upon 

 request.

Monitoring Frequency: ANNUALLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 62: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 227-1.2 (a) (1)

Item 62.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K12

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 62.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 In order to maintain compliance with 6 NYCRR Part 

 227-1.2(a)(1), particulate emissions from Boilers 41, 42, 

 and 43 are limited to 0.10 lb/mmBtu while burning No. 6 

 fuel oil. A Method 5 stack test to demonstrate compliance

 with this limit shall be required at the Department's 

 discretion. 

 

 

Upper Permit Limit: 0.10 pounds per million Btus

Reference Test Method: METHOD 5

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 60 days after the reporting period.

The initial report is due 8/29/2009.

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

Condition 63: Testing, monitoring, and reporting requirements for very 

 large boilers.
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 66 FINAL

 Effective between the dates of 03/13/2009 and 03/12/2014

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

Item 63.1:

This Condition applies to Emission Unit: U-00015

 Process: K12

Item 63.2:

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

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

Condition 64: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 227-2.4 (a) (2)

Item 64.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K13

 Regulated Contaminant(s):

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

Item 64.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 In order to comply with Subpart Part 227-2 NOx RACT 

 requirements, NOx emissions from Boilers 41, 42, and 43 

 are limited as follows: 

 Boiler 41 (ES 031AG): 0.6 lb/mmBtu and 300 lb/hr 

 Boiler 42 (ES 031AH): 0.6 lb/mmBtu and 300 lb/hr

 Boiler 43 (ES 031AI): 0.6 lb/mmBtu and 384 

 lb/hr

 Compliance with these limits will be demonstrated through 

 the use of a continuous monitoring system according to the

 requirements of Part 227-2.6. Emission limits are based 

 on a 24 hour average during the ozone season and a 30-day 

 rolling average during the non-ozone season.

Manufacturer Name/Model Number: TECO 42

Upper Permit Limit: 0.6 pounds per million Btus

Reference Test Method: METHOD 7E

Monitoring Frequency: CONTINUOUS

Averaging Method: 24-HOUR AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 67 FINAL

Reports due 30 days after the reporting period.

The initial report is due 4/30/2009.

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

Condition 65: Testing, monitoring, and reporting requirements for very 

 large boilers.

 Effective between the dates of 03/13/2009 and 03/12/2014

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

Item 65.1:

This Condition applies to Emission Unit: U-00015

 Process: K13

Item 65.2:

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

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

Condition 66: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 52.21(r)(6), Subpart A

Item 66.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K13

 Regulated Contaminant(s):

 CAS No: 007664-93-9 SULFURIC ACID

Item 66.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 For 5 years after commencing regular operation following 

 the modification to 42 Boiler, the operator shall keep 

 records documenting that emissions of Sulfuric Acid Mist 

 (H2SO4) remain below 62.8 tons per year (tpy) on a rolling

 twelve month basis. The calculation of actual emissions 

 shall be based on the Guidance for Reporting Sulfuric Acid

 in the Emergency Planning and Community Right-to-Know Act 

 - Section 313 as follows:

 H2SO4 tpy = (Coal tpy x 0.43 x %Sc) + ((Oil gpy X 1000) X 

 (0.00245 X %So))/2000

 where:
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 68 FINAL

 Coal tpy + Tons of coal consumed in 42 Boiler per 

 year

 Oil gpy = Gallons of fuel oil consumed in 42 Boiler per 

 year

 %Sc = average annual Sulfur content of the coal 

 consumed

 %So = average annual Sulfur content of the fuel oil 

 consumed, not to exceed 1.5% by weight. 

 These records shall be kept on site and made available to 

 the Department upon request.

 

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: FUEL

Parameter Monitored: SULFURIC ACID

Upper Permit Limit: 62.8 tons per year

Monitoring Frequency: MONTHLY

Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 67: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 52.21(r)(6), Subpart A

Item 67.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K13

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 67.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 For 5 years after commencing regular operation following 

 the modification to 42 Boiler, the operator shall keep 

 records documenting that emissions of Sulfur Dioxide (SO2)

 remain below 5,513.3 tons per year (tpy) on a rolling 

 twelve month basis. The calculation of actual SO2 

 emissions shall be based on the heat input (HI) from coal 

 and fuel oil used and the annual SO2 emission rates 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 69 FINAL

 (lb/mmbtu) as calculated from sulfur-in-fuel data as 

 described below. The sulfur content of the fuels will be 

 derived from summaries of the annual sulfur data for the 

 coal and #6 fuel oil used. 

 SO2 tpy = (HIc x SO2c) + (HIo x SO2o)/2000

 where:

 HIc (mmbtu) = annual actual total heat input from 

 coal

 HIo (mmbtu) = annual actual total heat input from 

 oil

 SO2c (lb/mmbtu) = average annual SO2 emission rate for 

 coal calculated by multiplying the average Sulfur content 

 of the Coal (lb/mmbtu) by 2.

 

 

 SO2o (lb/mmbtu) = average annual SO2 emission rate for No.

 6 fuel oil calculated by multiplying the average Sulfur 

 content of the No. 6 fuel oil (lb/mmbtu) by 2.

 These records shall be kept on site and made available to 

 the Department upon request.

 

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: FUEL

Parameter Monitored: SULFUR DIOXIDE

Upper Permit Limit: 5,513.3 tons per year

Monitoring Frequency: MONTHLY

Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 68: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 52.21(r)(6), Subpart A

Item 68.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K13

 Regulated Contaminant(s):

 CAS No: 0NY075-02-5 PM 2.5
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 70 FINAL

Item 68.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 For 5 years after commencing regular operation following 

 the modification to 42 Boiler, the operator shall keep 

 records documenting that emissions of Particulate Matter 

 less than 2.5 microns (PM 2.5) remain below 204.5 tons per

 year (tpy) on a rolling twelve month basis. The 

 calculation of actual emissions shall be based on the heat

 input (HI) from each of the fuels used and the emission 

 rates for PM 2.5 based on stack test data and AP-42 

 emission factors, as follows:

 PM 2.5 tpy = (((HIc + HIg) x (PM2.5c+g + C-PMc+g)) + (HIo

 x PM2.5o))/2000

 where:

 HIc (mmbtu) = annual actual total heat input from 

 coal

 HIg(mmbtu) = annual actual total heat input from natural 

 gas

 HIo(mmbtu) = annual actual total heat input from fuel 

 oil

 PM2.5c+g (lb/mmbtu): 0.042 lb/mmBtu: PM 2.5 emission rate

 for combined coal and gas combustion was determined by 

 multiplying the total particulate emission rate for 

 combined coal and gas combustion of 0.145 lb/mmBtu 

 (determined from Method 5 testing performed on 42 Boiler 

 in 2007) by 36%. Per AP-42 External Combustion sources, 

 Bituminous and Sub bituminous Coal Combustion, Table 

 1.1-8, p. 1.1-28 (Revised 9/98), 36% of total PM emissions

 is estimated to be PM 2.5 when an ESP control device is 

 used. 

 C-PMc+g (lb/mmbtu) = 0.059 lb/mmbtu; condensable 

 particulate emission rate for combined coal and gas 

 combustion based on Method 202 stack test at Boiler 42 

 conducted in May 2006

 PM2.5o (lb/mmbtu) = 0.026 lb/mmbtu; PM 2.5 emission rate 

 for fuel oil combustion based on AP-42 External Combustion

 Sources, Utility Boilers Firing Residual Oil, Table 1.3-4,

 p. 1.3-15 (Revised 9/98). 

 These PM 2.5 emission factors may be revised based on 

 Department approved emission test results.

 These records shall be kept on site and made available to 

 the Department upon request.
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 71 FINAL

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: FUEL

Parameter Monitored: PM 2.5

Upper Permit Limit: 204.5 tons per year

Monitoring Frequency: MONTHLY

Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 69: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 52.21(r)(6), Subpart A

Item 69.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K13

 Regulated Contaminant(s):

 CAS No: 0NY075-00-5 PM-10

Item 69.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 For 5 years after commencing regular operation following 

 the modification to 42 Boiler, the operator shall keep 

 records documenting that emissions of Particulate Matter 

 less than 10 microns (PM-10) remain below 267.1 tons per 

 year (tpy) on a rolling twelve month basis. The 

 calculation of actual emissions shall be based on the heat

 input (HI) from each of the fuels used and the emission 

 rates for PM-10 and condensable particulate matter (C-PM) 

 (lb/mmbtu) based on stack test data and AP-42 emission 

 factors, as follows:

 PM-10 tpy = (((HIc + HIg) x (PM-10c+g + C-PMc+g)) + (HIo 

 x PM-10o))/2000

 where:

 HIc (mmbtu) = annual actual total heat input from 

 coal

 HIg(mmbtu) = annual actual total heat input from natural 

 gas

 HIo(mmbtu) = annual actual total heat input from fuel 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 72 FINAL

 oil

 PM-10c+g (lb/mmbtu): 0.10 lb/mmBtu: PM-10 emission rate 

 for combined coal and gas combustion was determined by 

 multiplying the total particulate emission rate for 

 combined coal and gas combustion of 0.145 lb/mmBtu 

 (determined from Method 5 testing performed on 42 Boiler 

 in 2007) by 68%. Per AP-42 External Combustion sources, 

 Bituminous and Sub bituminous Coal Combustion, Table 

 1.1-8, p. 1.1-28 (Revised 9/98), 68% of total PM emissions

 is estimated to be PM-10 when an ESP control device is 

 used. 

 C-PMc+g (lb/mmbtu) = 0.059 lb/mmbtu; condensable 

 particulate emission rate for combined coal and gas 

 combustion based on Method 202 stack test at Boiler 42 

 conducted in May 2006

 PM-10o (lb/mmbtu) = 0.03203 lb/mmbtu; PM-10 emission rate 

 for fuel oil combustion including a condensable PM factor,

 based on AP-42 External Combustion Sources, Utility 

 Boilers Firing Residual Oil, Table 1.3-4, p. 1.3-15 

 (Revised 9/98). 

 These PM-10 emission factors may be revised based on 

 Department approved emission test results.

 These records shall be kept on site and made available to 

 the Department upon request.

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: FUEL

Parameter Monitored: PM-10

Upper Permit Limit: 267.1 tons per year

Monitoring Frequency: MONTHLY

Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 70: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 52.21(r)(6), Subpart A

Item 70.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K13

 Regulated Contaminant(s):
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 73 FINAL

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

Item 70.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 For 5 years after commencing regular operation following 

 the modification to 42 Boiler, the operator shall keep 

 records documenting that emissions of NOx remain below 

 1105.9 tons per year (tpy) on a rolling twelve month 

 basis. The calculation of actual emissions shall be based

 on the heat input (HI) from each of the fuels used and the

 annual average NOx emission rate (lb/mmbtu) recorded by 

 the CEM system as follows:

 NOx tpy = Total HI (mmbtu) x NOx 

 (lb/mmbtu)/2000

 where:

 Total HI = HIc + HIg + HIo

 HIc (mmbtu) = annual actual total heat input from 

 coal

 HIg(mmbtu) = annual actual total heat input from natural 

 gas

 HIo(mmbtu) = annual actual total heat input from 

 oil

 These records shall be kept on site and made available to 

 the Department upon request.

 

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: FUEL

Parameter Monitored: OXIDES OF NITROGEN

Upper Permit Limit: 1105.9 tons per year

Monitoring Frequency: MONTHLY

Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 71: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 52.21(r)(6), Subpart A

Item 71.1:

The Compliance Certification activity will be performed for:
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 74 FINAL

 Emission Unit: U-00015

 Process: K13

 Regulated Contaminant(s):

 CAS No: 007664-93-9 SULFURIC ACID

Item 71.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 For 5 years after commencing regular operation following 

 the modification to 42 and 43 boilers, the operator shall 

 keep records documenting that emissions of Sulfuric Acid 

 Mist (H2SO4) remain below 137 tons per year (tpy) on a 

 rolling twelve month basis. The calculation of actual 

 emissions shall be based on the Guidance for Reporting 

 Sulfuric Acid in the Emergency Planning and Community 

 Right-to-Know Act - Section 313 as follows:

 H2SO4 tpy = (Coal tpy x 0.43 x %Sc) + ((Oil gpy X 1000) X 

 (0.00245 X %So))/2000

 where:

 Coal tpy + Tons of coal consumed in Boilers 42 and 43 per 

 year

 Oil gpy = Gallons of fuel oil consumed in Boilers 42 and 

 43 per year

 %Sc = average annual Sulfur content of the coal 

 consumed

 %So = average annual Sulfur content of the fuel oil 

 consumed, not to exceed 1.5% by weight. 

 These records shall be kept on site and made available to 

 the Department upon request.

 

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: FUEL

Parameter Monitored: SULFURIC ACID

Upper Permit Limit: 137 tons per year

Monitoring Frequency: MONTHLY

Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 72: Compliance Certification
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 75 FINAL

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 52.21(r)(6), Subpart A

Item 72.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K13

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 72.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 For 5 years after commencing regular operation following 

 the modification to 42 and 43 boilers, the operator shall 

 keep records documenting that emissions of Particulate 

 Matter (PM) remain below 730 tons per year (tpy) on a 

 rolling twelve month basis. The calculation of actual 

 emissions shall be based on the heat input (HI) from each 

 of the fuels used and particulate emission rates 

 (lb/mmbtu) as described below:

 PM tpy = (((HIc + HIg) x PMc+g) + (HIo x 

 PMo))/2000

 where:

 HIc (mmbtu) = annual actual total heat input from 

 coal

 HIg (mmbtu) = annual actual total heat input from natural 

 gas

 HIo (mmbtu) = annual actual total heat input from 

 oil

 PMc+g (lb/mmbtu): 0.145 lb/mmBtu, the total particulate 

 emission rate for combined coal and gas combustion as 

 determined from Method 5 testing performed on 42 Boiler in

 2007.

 PMo (lb/mmbtu) = 0.10 lb/mmbtu, the permitted emission 

 rate limit for 42 and 43 Boiler while firing No. 6 Fuel 

 Oil. 

 These PM emission factors may be revised based on 

 Department approved emission test results.

 These records shall be kept on site and made available to 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 76 FINAL

 the Department upon request.

 

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: FUEL

Parameter Monitored: PARTICULATES

Upper Permit Limit: 730 tons per year

Reference Test Method: Method 5

Monitoring Frequency: MONTHLY

Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 73: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 52.21(r)(6), Subpart A

Item 73.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K13

 Regulated Contaminant(s):

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

Item 73.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 For 5 years after commencing regular operation following 

 the modification to 42 and 43 boilers, the operator shall 

 keep records documenting that emissions of NOx remain 

 below 2551 tons per year (tpy) on a rolling twelve month 

 basis. The calculation of actual emissions shall be based

 on the heat input (HI) from each of the fuels used and the

 annual average NOx emission rate (lb/mmbtu) recorded by 

 the CEM system as follows:

 NOx tpy = Total HI (mmbtu) x NOx 

 (lb/mmbtu)/2000

 where:

 Total HI = HIc + HIg + HIo

 HIc (mmbtu) = annual actual total heat input from 

 coal
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 77 FINAL

 HIg(mmbtu) = annual actual total heat input from natural 

 gas

 HIo(mmbtu) = annual actual total heat input from 

 oil

 These records shall be kept on site and made available to 

 the Department upon request.

 

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: FUEL

Parameter Monitored: OXIDES OF NITROGEN

Upper Permit Limit: 2551 tons per year

Monitoring Frequency: MONTHLY

Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 74: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 52.21(r)(6), Subpart A

Item 74.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K13

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 74.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 For 5 years after commencing regular operation following 

 the modification to 42 and 43 boilers, the operator shall 

 keep records documenting that emissions of Sulfur Dioxide 

 (SO2) remain below 13,785 tons per year (tpy) on a rolling

 twelve month basis. The calculation of actual SO2 

 emissions shall be based on the heat input (HI) from coal 

 and fuel oil used and the annual SO2 emission rates 

 (lb/mmbtu) as calculated from sulfur-in-fuel data as 

 described below. The sulfur content of the fuels will be 

 derived from summaries of the annual sulfur data for the 

 coal and #6 fuel oil used. 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 78 FINAL

 SO2 tpy = (HIc x SO2c) + (HIo x SO2o)/2000

 where:

 HIc (mmbtu) = annual actual total heat input from 

 coal

 HIo (mmbtu) = annual actual total heat input from 

 oil

 SO2c (lb/mmbtu) = average annual SO2 emission rate for 

 coal calculated by multiplying the average Sulfur content 

 of the Coal (lb/mmbtu) by 2.

 

 

 SO2o (lb/mmbtu) = average annual SO2 emission rate for No.

 6 fuel oil calculated by multiplying the average Sulfur 

 content of the No. 6 fuel oil (lb/mmbtu) by 2.

 These records shall be kept on site and made available to 

 the Department upon request.

 

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: FUEL

Parameter Monitored: SULFUR DIOXIDE

Upper Permit Limit: 13,785 tons per year

Monitoring Frequency: MONTHLY

Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 75: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 52.21(r)(6), Subpart A

Item 75.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K13

 Regulated Contaminant(s):

 CAS No: 0NY075-00-5 PM-10

Item 75.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 79 FINAL

 OPERATIONS

Monitoring Description: 

 For 5 years after commencing regular operation following 

 the modification to 42 and 43 boilers, the operator shall 

 keep records documenting that emissions of Particulate 

 Matter less than 10 microns (PM-10) remain below 747 tons 

 per year (tpy) on a rolling twelve month basis. The 

 calculation of actual emissions shall be based on the heat

 input (HI) from each of the fuels used and the emission 

 rates for PM-10 and condensable particulate matter (C-PM) 

 (lb/mmbtu) based on stack test data and AP-42 emission 

 factors, as follows:

 PM-10 tpy = (((HIc + HIg) x (PM-10c+g + C-PMc+g)) + (HIo 

 x PM-10o))/2000

 where:

 HIc (mmbtu) = annual actual total heat input from 

 coal

 HIg(mmbtu) = annual actual total heat input from natural 

 gas

 HIo(mmbtu) = annual actual total heat input from fuel 

 oil

 PM-10c+g (lb/mmbtu): 0.10 lb/mmBtu: PM-10 emission rate 

 for combined coal and gas combustion was determined by 

 multiplying the total particulate emission rate for 

 combined coal and gas combustion of 0.145 lb/mmBtu 

 (determined from Method 5 testing performed on 42 Boiler 

 in 2007) by 68%. Per AP-42 External Combustion sources, 

 Bituminous and Sub bituminous Coal Combustion, Table 

 1.1-8, p. 1.1-28 (Revised 9/98), 68% of total PM emissions

 is estimated to be PM-10 when an ESP control device is 

 used. 

 C-PMc+g (lb/mmbtu) = 0.059 lb/mmbtu; condensable 

 particulate emission rate for combined coal and gas 

 combustion based on Method 202 stack test at Boiler 42 

 conducted in May 2006

 PM-10o (lb/mmbtu) = 0.03203 lb/mmbtu; PM-10 emission rate 

 for fuel oil combustion including a condensable PM factor,

 based on AP-42 External Combustion Sources, Utility 

 Boilers Firing Residual Oil, Table 1.3-4, p. 1.3-15 

 (Revised 9/98). 

 These PM-10 emission factors may be revised based on 

 Department approved emission test results.

 These records shall be kept on site and made available to 

 the Department upon request.
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 80 FINAL

 

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: FUEL

Parameter Monitored: PM-10

Upper Permit Limit: 747 tons per year

Monitoring Frequency: MONTHLY

Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 76: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 227-1.2 (a) (4)

Item 76.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K13 Emission Source: 321AG

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 76.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 In order to maintain compliance with 6 NYCRR Part 

 227-1.2(a)(4), particulate emissions from Boiler 41 are 

 limited to 0.26 lb/mmBtu, based on a maximum heat input 

 capacity of 500 mmBtu/hr. To demonstrate compliance with 

 the particulate limit, a stack test shall be conducted 

 once during the term of the permit. The first such test 

 shall be conducted within 180 days of the initial issuance

 of the Title V permit. A stack test protocol shall be 

 submitted to the Department according to the procedures of

 6 NYCRR Part 202.

 

Upper Permit Limit: 0.26 pounds per million Btus

Reference Test Method: METHOD 5

Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 60 days after the reporting period.
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 81 FINAL

The initial report is due 8/29/2009.

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

Condition 77: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 227-1.2 (a) (4)

Item 77.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K13 Emission Source: 321AH

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 77.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 In order to maintain compliance with 6 NYCRR Part 

 227-1.2(a)(4), particulate emissions from Boiler 42 are 

 limited to 0.26 lb/mmBtu, based on a maximum heat input 

 capacity of 500 mmBtu/hr. To demonstrate compliance with 

 the particulate limit, a stack test shall be conducted 

 once during the term of the permit. The first such test 

 shall be conducted within 180 days of the initial issuance

 of the Title V permit. A stack test protocol shall be 

 submitted to the Department according to the procedures of

 6 NYCRR Part 202.

 

Upper Permit Limit: 0.26 pounds per million Btus

Reference Test Method: METHOD 5

Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 60 days after the reporting period.

The initial report is due 8/29/2009.

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

Condition 78: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 227-1.2 (a) (4)

Item 78.1:

The Compliance Certification activity will be performed for:
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 82 FINAL

 Emission Unit: U-00015

 Process: K13 Emission Source: 321AI

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 78.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 In order to maintain compliance with 6 NYCRR Part 

 227-1.2(a)(4), particulate emissions from Boiler 43 are 

 limited to 0.24 lb/mmBtu, based on a maximum heat input 

 capacity of 640 mmBtu/hr. To demonstrate compliance with 

 the particulate limit, a stack test shall be conducted 

 once during the term of the permit. The first such test 

 shall be conducted within 180 days of the initial issuance

 of the Title V permit. A stack test protocol shall be 

 submitted to the Department according to the procedures of

 6 NYCRR Part 202.

 

Upper Permit Limit: 0.24 pounds per million Btus

Reference Test Method: METHOD 5

Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 60 days after the reporting period.

The initial report is due 8/29/2009.

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

Condition 79: Testing, monitoring, and reporting requirements for very 

 large boilers.

 Effective between the dates of 03/13/2009 and 03/12/2014

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

Item 79.1:

This Condition applies to Emission Unit: U-00015

 Process: K14

Item 79.2:

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

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

Condition 80: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 83 FINAL

 Applicable Federal Requirement:40CFR 52.21, Subpart A

Item 80.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K14

 Regulated Contaminant(s):

 CAS No: 000630-08-0 CARBON MONOXIDE

Item 80.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 In order to demonstrate compliance with 40 CFR 52.21 

 Prevention of Significant Deterioration (PSD), carbon 

 monoxide emissions from Boiler 44 (ES 321AJ) shall not 

 exceed 0.03 lb/mmBtu, as determined by applying emission 

 factors to the heat input of the unit.

Monitoring Frequency: CONTINUOUS

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 81: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 52.21, Subpart A

Item 81.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K14

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 81.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 In order to maintain compliance with 40 CFR 52.21 

 Prevention of Significant Deterioration (PSD) and Part 

 227-1.2(a)(1), particulate emissions from Boiler 44 (ES 

 321AJ) shall not exceed 0.035 lb/mmBtu (as established in 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 84 FINAL

 the initial PSD permit for this boiler). To demonstrate 

 compliance with the particulate limit, a stack test shall 

 be conducted once during the term of the permit. The 

 first such test shall be conducted within 180 days of the 

 initial issuance of the Title V permit. A stack test 

 protocol shall be submitted to the Department according to

 the procedures of 6 NYCRR Part 202. 

 

 

Upper Permit Limit: 0.035 pounds per million Btus

Reference Test Method: METHOD 5

Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 60 days after the reporting period.

The initial report is due 8/29/2009.

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

Condition 82: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 60.42(a)(1), NSPS Subpart D

Item 82.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K14

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 82.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 On or after the date on which the performance test 

 required to be conducted by 40 CFR 60.8 is completed, no 

 owner or operator subject to the provisions of Subpart D 

 shall caused to be discharged into the atmosphere from any

 affected facility any gases which contain particulate 

 matter in excess of 0.10 pounds per million BTU heat input

 derived from fossil fuel or fossil fuel and wood residue.

Parameter Monitored: PARTICULATES

Upper Permit Limit: 0.10 pounds per million Btus

Reference Test Method: Method 5
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 85 FINAL

Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT

Averaging Method: 1 HOUR MAXIMUM - NOT TO BE EXCEEDED AT

 ANY TIME

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 83: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 60.42(a)(2), NSPS Subpart D

Item 83.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K14

Item 83.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 On or after the date on which the performance test 

 required to be conducted by 40 CFR 60.8 is completed, no 

 owner or operator subject to the provisions of Subpart D 

 shall caused to be discharged into the atmosphere from any

 affected facility any gases which exhibit greater than 20%

 opacity except for one six-minute period per hour of not 

 more than 27% opacity.

Parameter Monitored: OPACITY

Upper Permit Limit: 20 percent

Monitoring Frequency: CONTINUOUS

Averaging Method: 6 MINUTE AVERAGE

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 84: Standard for sulfur dioxide.

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 60.43(a)(1), NSPS Subpart D

Item 84.1:

This Condition applies to Emission Unit: U-00015

 Process: K14

Item 84.2:

Sulfur dioxide emissions while firing liquid fossil fuel or liquid fossil fuel and wood
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 86 FINAL

residue shall not exceed 0.80 lb/mmBtu.

Condition 85: Standard for nitrogen oxides.

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 60.44(a)(2), NSPS Subpart D

Item 85.1:

This Condition applies to Emission Unit: U-00015

 Process: K14

Item 85.2:

Nitrogen oxide emissions while firing liquid fossil fuel, liquid fossil fuel and wood

residue, or gaseous fossil fuel and wood residue shall not exceed 0.30 lb/mmBtu.

Condition 86: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 60.45(a), NSPS Subpart D

Item 86.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K14

Item 86.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner or operator of this fossil fuel burning 

 equipment shall install, calibrate, maintain, and operate 

 CEMs for nitrogen oxides, opacity, and either oxygen or 

 carbon dioxide.

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 7/30/2009.

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

Condition 87: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 60.45(g), NSPS Subpart D

Item 87.1:

The Compliance Certification activity will be performed for:
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 87 FINAL

 Emission Unit: U-00015

 Process: K14

Item 87.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Excess emission and monitoring system performance reports

 shall be submitted to the Administrator semiannually for 

 each six-month period in the calendar year. All semiannual

 reports shall be postmarked by 

 the 30th day following the end of each six-month period. 

 Each excess emission and MSP report shall include the 

 information required in § 60.7(c). Periods of excess 

 emissions and monitoring systems (MS) downtime that shall 

 be reported are defined as follows: 

 (1) Opacity. Excess emissions are defined as any 

 six-minute period during which the average opacity of 

 emissions exceeds 20 percent opacity, except that one 

 six-minute average per hour of up to 27 percent opacity 

 need not be reported. 

 (i) For sources subject to the opacity standard of § 

 60.42(b)(1), excess emissions are defined as any 

 six-minute period during which the average opacity of 

 emissions exceeds 35 percent opacity, except that one 

 six-minute average per hour of up to 42 percent opacity 

 need not be reported. 

 (ii) For sources subject to the opacity standard of § 

 60.42(b)(2), excess emissions are defined as any 

 six-minute period during which the average opacity of 

 emissions exceeds 32 percent opacity, except that 

 one six-minute average per hour of up to 39 percent 

 opacity need not be reported. 

 (2) Nitrogen oxides. Excess emissions for affected 

 facilities using a continuous monitoring system for 

 measuring nitrogen oxides are defined as any three-hour 

 period during which the average emissions 

 (arithmetic average of three contiguous one-hour periods) 

 exceed the applicable standards under § 60.44.

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 7/30/2009.

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

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 88 FINAL

Condition 88: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 225-1.2 (a) (1)

Item 88.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K15

 Regulated Contaminant(s):

 CAS No: 007704-34-9 SULFUR

Item 88.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 The sulfur content of bituminous coal burned on Boiler 44

 shall not exceed 0.60 pound of sulfur per million Btu 

 gross heat content. 

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: BITUMINOUS COAL

Parameter Monitored: SULFUR CONTENT

Upper Permit Limit: 0.60 pounds per million Btus

Monitoring Frequency: PER DELIVERY

Averaging Method: MAXIMUM - NOT TO BE EXCEEDED AT ANY 

 TIME (INSTANTANEOUS/DISCRETE OR GRAB)

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 89: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 225-1.2 (a) (1)

Item 89.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K15

 Regulated Contaminant(s):

 CAS No: 007704-34-9 SULFUR

Item 89.2:

Compliance Certification shall include the following monitoring:
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 89 FINAL

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 The sulfur content of fuel oil burned on Boiler 44 shall 

 not exceed 0.75 percent by weight. 

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: OIL (NOT ELSEWHERE CLASSIFIED)

Parameter Monitored: SULFUR CONTENT

Upper Permit Limit: 0.75 percent by weight

Monitoring Frequency: PER DELIVERY

Averaging Method: MAXIMUM - NOT TO BE EXCEEDED AT ANY 

 TIME (INSTANTANEOUS/DISCRETE OR GRAB)

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 90: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 227-2.4 (a) (1)

Item 90.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K15

 Regulated Contaminant(s):

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

Item 90.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 In order to comply with Subpart Part 227-2 NOx RACT 

 requirements, NOx emissions from Boiler 44 (ES 321AJ) 

 shall not exceed 0.42 lb/mmBtu and 282 lb/hr. Compliance 

 with these limits will be demonstrated through the use of 

 a continuous monitoring system according to the 

 requirements of Part 227-2.6. Emission limits are based 

 on a 24 hour average during the ozone season and a 30-day 

 rolling average during the non-ozone season.

Manufacturer Name/Model Number: TECO 42

Upper Permit Limit: 0.42 pounds per million Btus

Reference Test Method: METHOD 7E

Monitoring Frequency: CONTINUOUS

Averaging Method: 24-HOUR AVERAGE
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 90 FINAL

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 4/30/2009.

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

Condition 91: Testing, monitoring, and reporting requirements for very 

 large boilers.

 Effective between the dates of 03/13/2009 and 03/12/2014

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

Item 91.1:

This Condition applies to Emission Unit: U-00015

 Process: K15

Item 91.2:

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

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

Condition 92: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 52.21, Subpart A

Item 92.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K15

 Regulated Contaminant(s):

 CAS No: 000630-08-0 CARBON MONOXIDE

Item 92.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 In order to demonstrate compliance with 40 CFR 52.21 

 Prevention of Significant Deterioration (PSD), carbon 

 monoxide emissions from Boiler 44 (ES 321AJ) shall not 

 exceed 0.03 lb/mmBtu, as determined by applying emission 

 factors to the heat input of the unit.

Monitoring Frequency: CONTINUOUS

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 93: Compliance Certification
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 91 FINAL

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 52.21, Subpart A

Item 93.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K15

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 93.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 In order to maintain compliance with 40 CFR 52.21 

 Prevention of Significant Deterioration (PSD) and Part 

 227-1.2(a)(3), particulate emissions from Boiler 44 (ES 

 321AJ) shall not exceed 0.035 lb/mmBtu (as established in 

 the initial PSD permit for this boiler). To demonstrate 

 compliance with the particulate limit, a stack test shall 

 be conducted once during the term of the permit. The 

 first such test shall be conducted within 180 days of the 

 initial issuance of the Title V permit. A stack test 

 protocol shall be submitted to the Department according to

 the procedures of 6 NYCRR Part 202. 

 

 

Upper Permit Limit: 0.035 pounds per million Btus

Reference Test Method: METHOD 5

Monitoring Frequency: ONCE DURING THE TERM OF THE PERMIT

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 60 days after the reporting period.

The initial report is due 8/29/2009.

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

Condition 94: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 60.42(a)(1), NSPS Subpart D

Item 94.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 92 FINAL

 Process: K15

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 94.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 On or after the date on which the performance test 

 required to be conducted by 40 CFR 60.8 is completed, no 

 owner or operator subject to the provisions of Subpart D 

 shall caused to be discharged into the atmosphere from any

 affected facility any gases which contain particulate 

 matter in excess of 0.10 pounds per million BTU heat input

 derived from fossil fuel or fossil fuel and wood residue.

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: 1 HOUR MAXIMUM - NOT TO BE EXCEEDED AT

 ANY TIME

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 95: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 60.42(a)(2), NSPS Subpart D

Item 95.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K15

Item 95.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 On or after the date on which the performance test 

 required to be conducted by 40 CFR 60.8 is completed, no 

 owner or operator subject to the provisions of Subpart D 

 shall caused to be discharged into the atmosphere from any

 affected facility any gases which exhibit greater than 20%

 opacity except for one six-minute period per hour of not 

 more than 27% opacity.
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 93 FINAL

Parameter Monitored: OPACITY

Upper Permit Limit: 20 percent

Monitoring Frequency: CONTINUOUS

Averaging Method: 6 MINUTE AVERAGE

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 96: Sulfur dioxide standard.

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 60.43(a)(2), NSPS Subpart D

Item 96.1:

This Condition applies to Emission Unit: U-00015

 Process: K15

Item 96.2:

Sulfur dioxide emissions while firing solid fossil fuel or solid fossil fuel and wood residue

shall not exceed 1.2 lb/mmBtu.

Condition 97: Standard for nitrogen oxides.

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 60.44(a)(3), NSPS Subpart D

Item 97.1:

This Condition applies to Emission Unit: U-00015

 Process: K15

Item 97.2:

Nitrogen oxide emissions while firing solid fossil fuel or solid fossil fuel and wood

residue shall not exceed 0.70 lb/mmBtu.

Condition 98: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 60.45(a), NSPS Subpart D

Item 98.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K15

Item 98.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 94 FINAL

Monitoring Description: 

 The owner or operator of this fossil fuel burning 

 equipment shall install, calibrate, maintain, and operate 

 CEMs for nitrogen oxides, opacity, and either oxygen or 

 carbon dioxide.

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 7/30/2009.

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

Condition 99: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 60.45(g), NSPS Subpart D

Item 99.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Process: K15

Item 99.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Excess emission and monitoring system performance reports

 shall be submitted to the Administrator semiannually for 

 each six-month period in the calendar year. All semiannual

 reports shall be postmarked by 

 the 30th day following the end of each six-month period. 

 Each excess emission and MSP report shall include the 

 information required in § 60.7(c). Periods of excess 

 emissions and monitoring systems (MS) downtime that shall 

 be reported are defined as follows: 

 (1) Opacity. Excess emissions are defined as any 

 six-minute period during which the average opacity of 

 emissions exceeds 20 percent opacity, except that one 

 six-minute average per hour of up to 27 percent opacity 

 need not be reported. 

 (i) For sources subject to the opacity standard of § 

 60.42(b)(1), excess emissions are defined as any 

 six-minute period during which the average opacity of 

 emissions exceeds 35 percent opacity, except that one 

 six-minute average per hour of up to 42 percent opacity 

 need not be reported. 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 95 FINAL

 (ii) For sources subject to the opacity standard of § 

 60.42(b)(2), excess emissions are defined as any 

 six-minute period during which the average opacity of 

 emissions exceeds 32 percent opacity, except that 

 one six-minute average per hour of up to 39 percent 

 opacity need not be reported. 

 (2) Nitrogen oxides. Excess emissions for affected 

 facilities using a continuous monitoring system for 

 measuring nitrogen oxides are defined as any three-hour 

 period during which the average emissions 

 (arithmetic average of three contiguous one-hour periods) 

 exceed the applicable standards under § 60.44.

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 7/30/2009.

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

Condition 100: VOL storage tanks less than 10000 gallons

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 229.3 (e) (2) (v)

Item 100.1:

This Condition applies to Emission Unit: U-00035

 Process: K25

Item 100.2:

Volatile organic liquid tanks with a capacity of less than 10,000 gallons must be equipped with a

conservation vent.

Condition 101: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 229.5 (d)

Item 101.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00035

 Process: K25

 Regulated Contaminant(s):

 CAS No: 0NY998-00-0 VOC

Item 101.2:

Compliance Certification shall include the following monitoring:
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 96 FINAL

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner or operator of a volatile organic liquid 

 storage tank that is subject to 6NYCRR Part 229 must 

 maintain a record of the capacity (in gallons) of the 

 volatile organic liquid storage tank at the facility.

Monitoring Frequency: SINGLE OCCURRENCE

Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY

Condition 102: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR Part 226

Item 102.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00035

 Process: PTC

 Regulated Contaminant(s):

 CAS No: 0NY998-00-0 VOC

Item 102.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Requirements for Cold Cleaning Degreasers 

 A. Equipment Specifications

 The following types of control equipment must be used when

 conducting cold cleaning degreasing, solvent metal 

 cleaning:

 (1) A cover which can be operated easily. 

 (2) An internal drainage facility (under cover), if 

 practical. 

 (3) A control system that limits VOC emissions to those 

 achievable with equipment having a freeboard ratio greater

 than or equal to 0.5, or a water cover when the solvent is

 insoluble in and heavier than water. This does not apply 

 to remote reservoir degreasers. 

 (4) Solvent with a vapor pressure of 1.0 mm Hg, or less, 

 at 20 C. 

 B. Operating Requirements:

 When cold cleaning, the clean parts must be drained at 

 least 15 seconds or until dripping ceases.

 C. General Requirements:
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 97 FINAL

 A Person conducting solvent metal cleaning must:

 (1) Store solvent in covered containers and transfer or 

 dispose of waste solvent in such a manner that less than 

 20 percent of the waste solvent (by weight) can evaporate 

 into the atmosphere. 

 (2) Maintain equipment to minimize leaks and fugitive 

 emissions. 

 (3) Display at the equipment location a conspicuous 

 summary of proper operating procedures consistent with 

 minimizing emissions of VOCs. 

 (4) Keep the degreaser cover closed except when: 

 (a) parts are being placed into or being removed

 from the degreaser;

 (b) adding or removing solvent from the 

 degreaser;

 (c) no solvent is in the degreaser; or

 (d) when manually cleaning metal parts in the 

 cold cleaning degreaser.

 (5) Create and retain a record of solvent consumption for 

 five years. This record must be made available to the 

 Department upon request.

 (6) Not clean sponges, fabric, wood, leather, paper 

 products and other absorbent materials in a 

 degreaser.

 (7) If using a cold cleaning degreaser that is subject to 

 paragraph 226.3(a)(4), retain a record of the following 

 three items for five years and provide these records to 

 the Department upon request. An invoice, a 

 bill of sale, a certificate covering multiple sales, a 

 Material Safety Data Sheet (MSDS), or other appropriate 

 documentation acceptable to the Department may be used to 

 comply with this requirement.

 (a) the name and address of the solvent supplier;

 (b) the type of solvent including the product or 

 vendor identification number; and

 (c) the vapor pressure of the solvent measured in mm 

 Hg at 20 °C (68 °F).

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 7/30/2009.

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

Condition 103: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 212.4 (c)

Item 103.1:
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 98 FINAL

The Compliance Certification activity will be performed for:

 Emission Unit: U-00051 Emission Point: 32102

 Process: K18 Emission Source: 32111

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 103.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 To ensure compliance with the .05 gr/dscf particulate 

 standard in 6NYCRR, Part 212.4(c), a pressure drop of 

 -0.5 to 5 inches of water shall be maintained across the 

 baghouse.

Parameter Monitored: PRESSURE CHANGE

Lower Permit Limit: -0.5 inches of water

Upper Permit Limit: 5 inches of water

Monitoring Frequency: PER SHIFT

Averaging Method: RANGE - NOT TO FALL OUTSIDE OF STATED 

 RANGE AT ANY TIME

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 104: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:40CFR 52.21, Subpart A

Item 104.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00051 Emission Point: 32102

 Process: K18 Emission Source: 32111

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 104.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 Particulate emissions from this emission source are 

 limited to .005 gr/dscf. To ensure that this limit is 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 99 FINAL

 met, the pressure drop across the bags shall be 

 maintained at -0.5 to 5 inches of water.

Parameter Monitored: PRESSURE CHANGE

Lower Permit Limit: -0.5 inches of water

Upper Permit Limit: 5 inches of water

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: RANGE - NOT TO FALL OUTSIDE OF STATED 

 RANGE AT ANY TIME

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 105: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 212.6 (a)

Item 105.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00051 Emission Point: 32102

 Process: K18 Emission Source: 321AA

Item 105.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 No person shall cause or allow emissions having an 

 average opacity during any six consecutive minutes of 20 

 percent or greater from any process emission source, 

 except only the emission of uncombined water. 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
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 100 FINAL

 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.

Monitoring Frequency: SEMI-ANNUALLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 106: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 212.4 (c)

Item 106.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00051 Emission Point: 32106

 Process: K18 Emission Source: 321AD

Item 106.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 Emissions of solid particulates are limited to less than 

 0.050 grains of particulates per cubic foot of exhaust 

 gas, expressed at standard conditions on a dry gas basis. 

 The Department reserves the right to perform or require 

 the performance of a Method 5 emissions evaluation at any 

 time. 

 The permittee will conduct compliance verifications at the

 monitoring frequency stated below. These verifications 

 include review of pertinent information relating to 

 particulate emissions of the source, including but not 

 limited to production rate, process material, air flow 

 rate, control equipment parameters, visible emissions, 

 etc. The permittee will confirm that during source 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 101 FINAL

 operation all pertinent parameters (whether used to 

 directly calculate particulate emission rate, or as 

 surrogates) are within ranges that ensure compliance with 

 the particulate emission rate. 

 Additionally, the permittee will investigate, in a timely 

 manner, any instance where there is cause to believe that 

 particulate emissions above 0.050 gr/dscf are occurring or

 have occurred. These instances include but are not 

 limited to process upsets, control device malfunctions or 

 problems, abnormal visible emissions, complaints, etc. 

 The permittee shall determine the cause of any exceedance,

 make the necessary correction, and verify that the excess 

 emissions problem has been corrected. 

 Records of these verifications, 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: PARTICULATES

Upper Permit Limit: 0.050 grains per dscf

Monitoring Frequency: SEMI-ANNUALLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 107: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 212.6 (a)

Item 107.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00051 Emission Point: 32106

 Process: K18 Emission Source: 321AD

Item 107.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 No person shall cause or allow emissions having an 

 average opacity during any six consecutive minutes of 20 

 percent or greater from any process emission source, 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 102 FINAL

 except only the emission of uncombined water. 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.

Monitoring Frequency: SEMI-ANNUALLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 108: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 212.4 (c)

Item 108.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00051 Emission Point: 32107

 Process: K18 Emission Source: 32106

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 103 FINAL

Item 108.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 To ensure compliance with the .05 gr/dscf particulate 

 standard in 6NYCRR, Part 212.4(c), a pressure drop of 

 minus 5 to 5 inches of water shall be maintained across 

 the baghouse.

Parameter Monitored: PRESSURE CHANGE

Lower Permit Limit: -5 inches of water

Upper Permit Limit: 5 inches of water

Monitoring Frequency: CONTINUOUS

Averaging Method: RANGE - NOT TO FALL OUTSIDE OF STATED 

 RANGE AT ANY TIME

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 109: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 212.6 (a)

Item 109.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00051 Emission Point: 32107

 Process: K18 Emission Source: 321AE

Item 109.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 No person shall cause or allow emissions having an 

 average opacity during any six consecutive minutes of 20 

 percent or greater from any process emission source, 

 except only the emission of uncombined water. 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 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 104 FINAL

 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.

Monitoring Frequency: SEMI-ANNUALLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 110: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 212.4 (c)

Item 110.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00051 Emission Point: M9001

 Process: K18 Emission Source: M9001

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 110.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 To ensure compliance with the .05 gr/dscf particulate 

 standard in 6NYCRR, Part 212.4(c), a pressure drop of 

 minus 8 to plus 2 inches of water shall be maintained 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 105 FINAL

 across the baghouse.

Parameter Monitored: PRESSURE CHANGE

Lower Permit Limit: -8 inches of water

Upper Permit Limit: 2 inches of water

Monitoring Frequency: CONTINUOUS

Averaging Method: RANGE - NOT TO FALL OUTSIDE OF STATED 

 RANGE AT ANY TIME

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Condition 111: Compliance Certification

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable Federal Requirement:6 NYCRR 212.6 (a)

Item 111.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00051 Emission Point: M9001

 Process: K18 Emission Source: M90AA

Item 111.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 No person shall cause or allow emissions having an 

 average opacity during any six consecutive minutes of 20 

 percent or greater from any process emission source, 

 except only the emission of uncombined water. 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 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 106 FINAL

 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.

Monitoring Frequency: SEMI-ANNUALLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2009.

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

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 107 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 112: Contaminant List

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable State Requirement:ECL 19-0301

Item 112.1:

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

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

 CAS No: 000124-38-9

 Name: CARBON DIOXIDE
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 108 FINAL

 CAS No: 000630-08-0

 Name: CARBON MONOXIDE

 CAS No: 007446-09-5

 Name: SULFUR DIOXIDE

 CAS No: 007664-93-9

 Name: SULFURIC ACID

 CAS No: 007704-34-9

 Name: SULFUR

 CAS No: 0NY075-00-0

 Name: PARTICULATES

 CAS No: 0NY075-00-5

 Name: PM-10

 CAS No: 0NY075-02-5

 Name: PM 2.5

 CAS No: 0NY100-00-0

 Name: HAP

 CAS No: 0NY210-00-0

 Name: OXIDES OF NITROGEN

 CAS No: 0NY998-00-0

 Name: VOC

Condition 1-13: Unavoidable noncompliance and violations

 Effective between the dates of 05/25/2012 and 03/12/2014

 Applicable State Requirement:6 NYCRR 201-1.4

Item 1-13.1:

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
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 109 FINAL

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

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 114: Air pollution prohibited

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable State Requirement:6 NYCRR 211.2

Item 114.1:

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 1-14: Visible Emissions Limited

 Effective between the dates of 05/25/2012 and 03/12/2014

 Applicable State Requirement:6 NYCRR 211.2

Item 1-14.1:

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

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 110 FINAL

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 115: Compliance Demonstration

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable State Requirement:6 NYCRR 227-1.4 (a)

Item 115.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00015

Item 115.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 Any person who owns a stationary combustion installation 

 (excluding gas turbines), with a total maximum heat input 

 capacity exceeding 250 million Btu per hour shall install,

 operate in accordance with manufacturer's instructions, 

 and properly maintain, accurate instruments satisfying the

 criteria in appendix B of title 40, part 60 of the Code of

 Federal Regulations, or approved by the commissioner on an

 individual case basis, for continuously monitoring and 

 recording opacity, and when sulfur dioxide continuous 

 monitoring is required by Part 225 of this Title, for 

 continuously monitoring and recording either the percent 

 oxygen or carbon dioxide in the flue gases from such 

 installations at all times that the combustion 

 installation is in service. Where gas is the only fuel 

 burned, monitoring and recording of opacity is not 

 required.

Parameter Monitored: OPACITY

Upper Permit Limit: 20 percent

Reference Test Method: Apendix B, 40 CFR 60

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 4/30/2009.

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

Condition 116: Compliance Demonstration
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 111 FINAL

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable State Requirement:6 NYCRR 237-1.4 (c) (1)

Item 116.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00015

 Regulated Contaminant(s):

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

Item 116.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 (1) In order to maintain a limited exemption in 

 accordance with Part 237-1.4(c)(1), units with electrical 

 output to the electric grid shall be restricted so that at

 no time will the supply of the electrical output to the 

 electric grid during the control period, October 1 to 

 April 30 of any given year be greater than or equal to 10 

 percent of the gross nameplate generation capacity of the 

 units. 

 (a) Owners and operators of the exempt units shall report 

 the amount of gross generation and the amount of gross 

 generation supplied to the electric grid during the 

 control period by the following June 1 of any given year. 

 

 (b) For a period of 5 years from the date the records are 

 created, the owners and operators of exempt units shall 

 retain, at the source that includes the unit, records 

 demonstrating that the conditions of the permit were met, 

 including the restriction of the percentage of gross 

 generation that may be supplied to the electric grid. The

 5-year period for keeping records may be extended for 

 cause, at any time prior to the end of the period, in 

 writing by the Department. The owners and operators bear 

 the burden of proof that the unit met the restriction on 

 the percentage of gross generation that may be supplied to

 the electric grid. 

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

 applicable, the NOx authorized account representative of a

 unit exempt under this section shall comply with all the 

 requirements of this Part concerning all periods for which

 the exemption is not in effect. Units shall still 

 maintain compliance with associated 6 NYCRR Part 204 NOx 

 Budget requirements. 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 112 FINAL

 (d) The first date on which the units fails to comply, or 

 with regard to which the owners and operators fail to meet

 their burden of proving that the units are complying, 

 with the restriction on the percentage of gross generation

 that may be supplied to the electric grid, the unit will 

 lose its exemption in accordance with subparagraph 

 (c)(3)(v) of this section and shall be subject to the 

 requirements of Part 237-3.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2010.

Subsequent reports are due every 12 calendar month(s).

Condition 117: Compliance Demonstration

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable State Requirement:6 NYCRR 242-1.4 (b)

Item 117.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00015

 Regulated Contaminant(s):

 CAS No: 000124-38-9 CARBON DIOXIDE

Item 117.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Notwithstanding Subdivision (a) of this Section, any unit

 that, on or before December 1, 2008, applies for a 

 enforceable permit condition restricting the supply of the

 unit's annual electrical output to the electric grid to 

 less than or equal to 10 percent of the annual gross 

 generation of the unit, and that from and after January 1,

 2009 complies with the 10 percent restriction and the 

 provisions in Paragraph (b)(3) of this Section, shall be 

 exempt from the requirements of this Part, except for the 

 provisions of this Section, Sections 242-1.2, 242-1.3, and

 242-1.6 of this Part.

 The exemption under Paragraph (b)(1) of this Section shall

 become effective as of January 1, 2009 and remain in 

 effect unless and until the unit loses its exemption under

 Subparagraph (b)(3)(v) of this Section.
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 113 FINAL

 A unit exempt under Paragraph (b)(1) of this Section shall

 comply with the restriction on percentage of annual gross 

 generation that may be supplied to the electric grid 

 described in Paragraph (b)(1) of this Section.

 A unit exempt under Paragraph (b)(1) of this Section shall

 report to the department the amount of annual gross 

 generation and the amount of annual gross generation 

 supplied to the electric grid during the year by the 

 following February 1st.

 For a period of 10 years from the date the records are 

 created, the owners and operators of a unit exempt under 

 Paragraph (b)(1) of this Section shall retain, at the 

 source that includes the unit, records demonstrating that 

 the conditions of the permit under Paragraph (b)(1) of 

 this Section were met. The 10-year period for keeping 

 records may be extended for cause, at any time prior to 

 the end of the period, in writing by the department. The 

 owners and operators bear the burden of proof that the 

 unit met the restriction on the percentage of annual gross

 generation that may be supplied to the electric 

 grid.

 The owners and operators and, to the extent applicable, 

 the CO2 authorized account representative of a unit exempt

 under Paragraph (b)(1) of this Section shall comply with 

 all the requirements of this Part concerning all time 

 periods for which the exemption is not in effect, even if 

 such requirements arise, or must be complied with, after 

 the exemption takes effect.

 On the earlier of the following dates, a unit exempt under

 Paragraph (b)(1) of this Section shall lose its 

 exemption:

 (a) the date on which the restriction on the percentage of

 annual gross generation that may be supplied to the 

 electric grid described in Paragraph (b)(1) of this 

 Section is removed from the unit's permit or otherwise 

 becomes no longer applicable in any year that commences on

 or after January 1, 2009; or

 (b) the first date on which the unit fails to comply, or 

 on which the owners and operators fail to meet their 

 burden of proving that the unit is complying, with the 

 restriction on the percentage of annual gross generation 

 that may be supplied to the electric grid described in 

 Paragraph (b)(1) of this Section during any year that 

 commences on or after January 1, 2009.

 A unit that loses its exemption in accordance with 

 Subparagraph (b)(3)(v) of this Section shall be subject to
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 114 FINAL

 the requirements of this Part. For the purpose of applying

 permitting requirements under Subpart 242-3 of this Part, 

 allocating allowances under Subpart 242-5 of this Part, 

 and applying monitoring requirements under Subpart 242-8 

 of this Part, the unit shall be treated as commencing 

 operation on the date the unit loses its exemption.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2010.

Subsequent reports are due every 12 calendar month(s).

Condition 1-15: Compliance Demonstration

 Effective between the dates of 05/25/2012 and 03/12/2014

 Applicable State Requirement:6 NYCRR Part 249

Item 1-15.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00015

 Process: K12

 Regulated Contaminant(s):

 CAS No: 0NY075-00-5 PM-10

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

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 1-15.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Pursuant to 6 NYCRR Part 249.3(e), before commencing any 

 required construction or process changes, the owner or 

 operator must submit an application for a permit or permit

 modification as required under Part 201 of this Title. 

 

 Consistent with the Department's approval of SDEGS/Eastman

 Business Park BART Determination, Boiler 41 will be 

 permanently shut down by December 31, 2013.

 SDEGS of Rochester will notify the Department in writing 

 upon retirement of the unit and submit an application for 

 a permit modification to reflect the permanent shutdown of

 the unit. 

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 115 FINAL

 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 1-16: Compliance Demonstration

 Effective between the dates of 05/25/2012 and 03/12/2014

 Applicable State Requirement:6 NYCRR Part 249

Item 1-16.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00015

 Process: K12

 Regulated Contaminant(s):

 CAS No: 0NY075-00-5 PM-10

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

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 1-16.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Pursuant to 6 NYCRR Part 249.3(e), before commencing any 

 required construction or process changes, the owner or 

 operator must submit an application for a permit or permit

 modification as required under Part 201 of this Title. 

 

 Consistent with the Department's approval of SDEGS/Eastman

 Business Park BART Determination, Boiler 42 will be 

 permanently shut down or repowered by the compliance date 

 specified in the National Emission Standards for Hazardous

 Air Pollutants (NESHAP) under 40 CFR 63 Subpart DDDDD, but

 no later than August 16, 2017.

 If the decision is made to retire Boiler 42, SDEGS of 

 Rochester will notify the Department in writing upon 

 retirement of the unit and submit an application for a 

 permit modification to reflect the permanent shut down of 

 the unit.

 If the decision is made to repower Boiler 42 with natural 

 gas, SDEGS of Rochester will submit an application for a 

 permit modification for the project and shall comply with 

 BART by controlling NOx emissions to meet an emission 

 limit not to exceed 0.20 lb/mmBTU, consistent with the 

 fuel switching provisions of 227-2.5(a). 
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 116 FINAL

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 118: Emissions from new emission sources and/or modifications

 Effective between the dates of 03/13/2009 and 03/12/2014

 Applicable State Requirement:6 NYCRR 212.4 (a)

Item 118.1:

This Condition applies to Emission Unit: U-00051 Emission Point: 32106

Item 118.2:

No person shall cause or allow emissions that exceed the applicable permissible emission rate as

determined from Table 2, Table 3, or Table 4 of 6 NYCRR Part 212 for the environmental rating

issued by the commissioner.
 

Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Active Page 117 FINAL