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 HEADQUARTERSFacility 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 6NY CRR Part 621. The grounds for modification, suspension or revocation include:

a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity.

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 14414-9519Facility 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) 226-2466Permit 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: 03/12/2014Permit 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 Cond ition - Right to Inspect 17 6 NYCRR 201-6.5 (d) (5): Standard Requirements - Progress Reports 18 6 NYCRR 201-6.5 (f) (6): Off Permit Changes 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 UnitPermit 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=321AHPermit 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 CertificationPermit 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 modificationsPermit 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 ** ** Fac ility Level  

NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS The items listed below are not subject to the annual compliance certification requirements under Title V. Permittees may also have other obligations under regulations of general applicability.

Item A: Em ergency Defens e - 6 NYCRR 201-1.5

An emergency constitutes an affirmative defense to an action brought for noncompliance with emissions limitations or permit conditions for all faci lities in New York State.

(a) The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that:

(1) An emergency occurred and that the facility owner and/or operator can identify the cause(s) of the emergency; (2) The equipment at the permitted facility causing the emergency was at the time being properly operated; (3) During the period of the emergency the facility owner and/or operator took all reasonable steps to minimize levels of emissions that exceeded the emission standards, or other requirements in the permit; and (4) The facility owner and/or operator notified the Department within two working days after the event occurred. This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken.

(b) In any enforcement proceeding, the facility owner and/or operator seeking to establish the occurrence of an emergency has the burden of proof.

(c) This provision is in addition to any emergency or upset provision contained in any applicable requirement.

Item B: Public Access to Recordkeeping for Title V Facilities - 6 NYCRR 201-1. 10 (b) The Department will make available to the public any permit application, compliance plan, permit, and monitoring and compliance certification report pursuant to Section 503(e) of the Act, except for information entitled to confidential treatment pursuant to 6 NYCRR Part 616 - Public Access to records and Section 114(c) of the Act.Permit ID: 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: Seve rability - 6 NYCRR 201-6.5 (a) (9)

If any provisions, parts or conditions of this permit are found to be invalid or are the subject of a challenge, the remainder of this permit shall continue to be valid.

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

All permittees granted a Title V facility permit shall be covered under the protection of a permit shield, except as provided under 6 NYCRR Subpart 201-6. Compliance with the conditions of the permit shall be deemed compliance with any applicable requirements as of the date of permit issuance, provided that such applicable requirements are included and are specifically identified in the permit, or the Department, in acting on the permit application or revision, determines in writing that other requirements specifically identified are not applicable to the major stationary source, and the permit includes the determination or a concise summary thereof. Nothing herein shall preclude the Department from revising or revoking the permit pursuant to 6 NYCRR Part 621 or from exercising its summary abatement authority. Nothing in this permit shall alter or affect the following:

i. The ability of the Department to seek to bring suit on behalf of the State of New York, or the Administrator to seek to bring suit on behalf of the United States, to immediately restrain any person causing or contributing to pollution presenting an imminent and substantial endangerment to public health, welfare or the environment to stop the emission of air pollutants causing or contributing to such pollution;

ii. The liability of a permittee of the Title V facility for any violation of applicable requirements prior to or at the time of permit issuance;

iii. The applicable requirements of Title IV of the Act;

iv. The ability of the Department or the Administrator to obtain information from the permittee concerning the ability to enter, inspect and monitor the facility.

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

This Title V permit shall be reopened and revised under any of the following circumstances:

i. If additional applicable requirements under the Act become applicable where this permit's remaining term isPermit ID: 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 YorkPermit 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) inPermit 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 isPermit 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 ofPermit 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 200.7Permit 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 forPermit 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 quan tities greater than the threshold quantity listed in Tables 1,2,3 or 4, the following requirements will apply:

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

b) The owner or operator shall submit at the time of permit issuance (if not previously submitted) one of the following, if such quantities are present:

1) A compliance schedule for meeting the requirements of 40 CFR Part 68 by the date provided in 40 CFR §68.10(a) or,

2) A certification statement that the source is in compliance with all requirements of 40 CFR Part 68, including the registration and submission of the Risk Management Plan. Information should be submitted to:

Risk Management Plan Reporting Center C/O CSC 8400 Corporate Dr Carrollton, Md. 20785

Condition 22: 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 quan tities greater than the threshold quantity listed in Tables 1,2,3 or 4, the following requirements will apply:

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

b) The owner or operator shall submit at the time of permit issuance (if not previously submitted) one of the following, if such quantities are present:

1) A compliance schedule for meeting the requirements of 40 CFR Part 68 by the date provided in 40 CFR §68.10(a) or,

2) A certification statement that the source is in compliance with all requirements of 40 CFR Part 68, including the registration and submission of the Risk Management Plan. Information should be submitted to: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 Federa l 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 Federa l 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 ObjectivePermit 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 NY CRR 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 physicalPermit 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 thePermit 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 03/12/2014Permit 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 Federa l 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 thePermit 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 Federa l 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 responsibi lity for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment." [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 Federa l 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 ofPermit 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 underPermit 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 FloorPermit 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 continuousPermit 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 andPermit 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 entirelyPermit 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 03/12/2014Permit ID: 8-2614-00205/01827 Facility DEC ID: 8261400205

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 39 FINAL Applicable Federa l 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: M90Permit 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 Federa l 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 UPPermit 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 STORAGEPermit 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 Federa l 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 03/12/2014Permit 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 limitPermit 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 weightPermit 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 Federa l 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 NITROGENPermit 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 Federa l 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 MONITORINGPermit 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 Federa l 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 corres ponding 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 6Permit 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 daysPermit 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 CONTROLPermit 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 PermitPermit 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 indicatorPermit 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 PARTICULATESPermit 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: K07Permit 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 performedPermit 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 ratesPermit 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 2.5Permit 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 fuelPermit 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 CertificationPermit 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 toPermit 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 coalPermit 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 SPECIFICPermit 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 03/12/2014Permit 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 inPermit 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 5Permit 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 woodPermit 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 thro ugh 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 AVERAGEPermit 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 CertificationPermit 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-00015Permit 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 PROCEDURESPermit 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 isPermit 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 assessmentPermit 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 sourcePermit 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 PARTICULATESPermit 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 wherePermit 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 maintainedPermit 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 degreePermit 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 ** ** Fac ility Level  

NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS This section contains terms and conditions which are not federally enforceable. Permittees may also have other obligations under regulations of general applicability

Item A: General Provisions for State Enforceable Permit Terms and Condition - 6 NYCRR Part 201-5 Any person who owns and/or operates stationary sources shall operate and maintain all emission units and any required emission control devices in compliance with all applicable Parts of this Chapter and existing laws, and shall operate the facility in accordance with all criteria, emission limits, terms, conditions, and standards in this permit. Failure of such person to properly operate and maintain the effectiveness of such emission units and emission control devices may be sufficient reason for the Department to revoke or deny a permit.

The owner or operator of the permitted facility must maintain all required records on-site for a period of five years and make them available to representatives of the Department upon request. Department representatives must be granted access to any facility regulated by this Subpart, during normal operating hours, for the purpose of determining compliance with this and any other state and federal air pollution control requirements, regulations or law.

STATE ONLY APPLICABLE REQUIREMENTS The following conditions are state applicable requirements and are not subject to compliance certification requirements unless otherwise noted or required under 6 NYCRR Part 201.

Condition 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 DIOXIDEPermit 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 forPermit 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 restrictedPermit 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 DemonstrationPermit 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 toPermit 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 MONITORINGPermit 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