Facility DEC ID: 8261400205

 DEC Permit Conditions

 Renewal 1/Mod 1/DRAFT 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: Expiration Date: 

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 - SUITE 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/DRAFT 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/DRAFT 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/DRAFT Page 4

 LIST OF CONDITIONS

 

 DEC GENERAL CONDITIONS

 General Provisions

 Facility Inspection by the Department

 Relationship of this Permit to Other Department Orders and

 Determinations

 Applications for permit renewals, modifications and transfers

 Permit modifications, suspensions or revocations by the Department

 Permit modifications, suspensions or revocations by the Department

 Facility Level

 Submission of application for permit modification or

 renewal-REGION 8 HEADQUARTERS

 Submission of application for permit modification or

 renewal-REGION 8 HEADQUARTERS
 

Facility DEC ID: 8261400205

 DEC Permit Conditions

 Renewal 1/Mod 1/DRAFT 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/DRAFT Page 6

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

Department

 Applicable State Requirement: 6 NYCRR 621.13

Item 1-1.1:

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

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

suspension or revocation include:

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

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

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

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

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

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

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

the permitted activity.

Condition 4: Permit modifications, suspensions or revocations by the Department

 Applicable State Requirement: 6 NYCRR 621.13

Item 4.1:

The Department reserves the right to modify, suspend, or revoke this permit in accordance with

6NYCRR Part 621. The grounds for modification, suspension or revocation include:

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

papers;

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

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

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

conditions, relevant technology or applicable law or regulations since the issuance of the

existing permit;

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

commissioner, any provisions of the Environmental Conservation Law or regulations of

the Department related to the permitted activity.

 ** ** Facility Level  

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

renewal-REGION 8 

 HEADQUARTERS

 Applicable State Requirement: 6 NYCRR 621.6 (a)

Item 1-2.1:

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

 NYSDEC Regional Permit Administrator 

 Region 8 Headquarters

 Division of Environmental Permits

 6274 Avon-Lima Road

 Avon, NY 14414-9519
 

Facility DEC ID: 8261400205

 DEC Permit Conditions

 Renewal 1/Mod 1/DRAFT Page 7

 (585) 226-2466

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

 HEADQUARTERS

 Applicable State Requirement: 6 NYCRR 621.6 (a)

Item 5.1:

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

 NYSDEC Regional Permit Administrator 

 Region 8 Headquarters

 Division of Environmental Permits

 6274 Avon-Lima Road

 Avon, NY 14414-9519

 (716) 226-2466
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 1 DRAFT

 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

Permit Effective Date: Permit Expiration Date: 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 2 DRAFT

 LIST OF CONDITIONS

 

 FEDERALLY ENFORCEABLE CONDITIONS

 Facility Level

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

 1-2 6 NYCRR 201-6.5 (c) (3) (ii): Compliance Certification

 5 : Compliance Certification

 1-3 6 NYCRR 215.2: Open Fires - Prohibitions

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

 20 : Visible Emissions Limited

 26 6 NYCRR Subpart 201-6: Emission Unit Definition

 29 : Contents of reports and compliance certifications.

 30 : Compliance Certification

 31 : Submission of NOx allowance transfers.

 32 : Reference to 40CFR and list of requirements.

 33 : Requirements for recertification of monitoring systems.

 34 : Out of control periods.

 35 : Compliance Certification

 36 : Compliance Certification

 1-5 6 NYCRR 211.1: Air pollution prohibited

 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

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

 Emission Unit Level

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

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

 EU=U-00015

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

 57 : Compliance Assurance Monitoring (CAM Rule) - Boilers 41 & 44

 1-11 40 CFR Part 64: Compliance Certification

 1-12 40 CFR Part 64: 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

 113 : Unavoidable noncompliance and violations

 1-14 6 NYCRR 211.2: Visible Emissions Limited

 Emission Unit Level

 EU=U-00015,Proc=K12

 1-15 6 NYCRR Part 249: Compliance Demonstration

 1-16 6 NYCRR Part 249: Compliance Demonstration
 

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

 Air Pollution Control Permit Conditions

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 FEDERALLY ENFORCEABLE CONDITIONS

 ** ** Facility Level  

 NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS

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

 requirements under Title V. Permittees may also have other obligations

 under regulations of general applicability.

Item A: Emergency Defense - 6 NYCRR 201-1.5

 An emergency constitutes an affirmative defense to an 

 action brought for noncompliance with emissions 

 limitations or permit conditions for all facilities in New

 York State.

 (a) The affirmative defense of emergency shall be 

 demonstrated through properly signed, contemporaneous 

 operating logs, or other relevant evidence that:

 (1) An emergency occurred and that the facility owner 

 and/or

 operator can identify the cause(s) of the 

 emergency;

 (2) The equipment at the permitted facility causing the

 emergency was at the time being properly operated;

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

 and/or operator took all reasonable steps to minimize 

 levels of emissions that exceeded the emission standards, 

 or other requirements in the permit; and

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

 Department

 within two working days after the event occurred. This 

 notice must contain a description of the emergency, any 

 steps taken to mitigate emissions, and corrective actions 

 taken.

 (b) In any enforcement proceeding, the facility owner 

 and/or operator seeking to establish the occurrence of an 

 emergency has the burden of proof.

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

 upset provision contained in any applicable requirement.

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

 NYCRR 201-1.10 (b)

 The Department will make available to the public any 

 permit application, compliance plan, permit, and 

 monitoring and compliance certification report pursuant to

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

 to confidential treatment pursuant to 6 NYCRR Part 616 - 

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

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

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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

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

 If any provisions, parts or conditions of this permit are

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

 remainder of this permit shall continue to be valid.

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

 All permittees granted a Title V facility permit shall be

 covered under the protection of a permit shield, except as

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

 conditions of the permit shall be deemed compliance with 

 any applicable requirements as of the date of permit 

 issuance, provided that such applicable requirements are 

 included and are specifically identified in the permit, or

 the Department, in acting on the permit application or 

 revision, determines in writing that other requirements 

 specifically identified are not applicable to the major 

 stationary source, and the permit includes the 

 determination or a concise summary thereof. Nothing herein

 shall preclude the Department from revising or revoking 

 the permit pursuant to 6 NYCRR Part 621 or from exercising

 its summary abatement authority. Nothing in this permit 

 shall alter or affect the following:

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

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

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

 immediately restrain any person causing or contributing to

 pollution presenting an imminent and substantial 

 endangerment to public health, welfare or the environment 

 to stop the emission of air pollutants causing or 

 contributing to such pollution;

 ii. The liability of a permittee of the Title V 

 facility for any violation of applicable requirements 

 prior to or at the time of permit issuance;

 iii. The applicable requirements of Title IV of the 

 Act;

 iv. The ability of the Department or the Administrator

 to obtain information from the permittee concerning the 

 ability to enter, inspect and monitor the facility.

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

 This Title V permit shall be reopened and revised under 

 any of the following circumstances:

 i. If additional applicable requirements under the Act

 become applicable where this permit's remaining term is 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 6 DRAFT

 three or more years, a reopening shall be completed not 

 later than 18 months after promulgation of the applicable 

 requirement. No such reopening is required if the 

 effective date of the requirement is later than the date 

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

 permit or any of its terms and conditions has been 

 extended by the Department pursuant to the provisions of 

 Part 201-6.7 and Part 621.

 ii. The Department or the Administrator determines 

 that the permit contains a material mistake or that 

 inaccurate statements were made in establishing the 

 emissions standards or other terms or conditions of the 

 permit.

 iii. The Department or the Administrator determines 

 that the Title V permit must be revised or reopened to 

 assure compliance with applicable requirements.

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

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

 additional requirements (including excess emissions 

 requirements) become applicable. Upon approval by the 

 Administrator, excess emissions offset plans shall be 

 deemed to be incorporated into the permit.

 Proceedings to reopen and issue Title V facility permits 

 shall follow the same procedures as apply to initial 

 permit issuance but shall affect only those parts of the 

 permit for which cause to reopen exists.

 Reopenings shall not be initiated before a notice of such

 intent is provided to the facility by the Department at 

 least thirty days in advance of the date that the permit 

 is to be reopened, except that the Department may provide

 a shorter time period in the case of an emergency.

Item L: Permit Exclusion - ECL 19-0305

 The issuance of this permit by the Department and the 

 receipt thereof by the Applicant does not and shall not be

 construed as barring, diminishing, adjudicating or in any 

 way affecting any legal, administrative or equitable 

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

 demands whatsoever that the Department may have against 

 the Applicant for violations based on facts and 

 circumstances alleged to have occurred or existed prior to

 the effective date of this permit, including, but not 

 limited to, any enforcement action authorized pursuant to 

 the provisions of applicable federal law, the 

 Environmental Conservation Law of the State of New York 

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

 Codes, Rules and Regulations of the State of New York 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 7 DRAFT

 (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 1-1: Fees

 Effective for entire length of Permit

 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 1-2: Compliance Certification

 Effective for entire length of Permit

 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.

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 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 8 DRAFT

 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.

 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 
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 9 DRAFT

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

 submitted within 10 working days of an occurrence for 

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

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

 also be identified in the 6 month monitoring report 

 required above.

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

 permittee seeks to have a violation excused unless 

 otherwise limited by regulation. In order to have a 

 violation of a federal regulation (such as a new source 

 performance standard or national emissions standard for 

 hazardous air pollutants) excused, the specific federal 

 regulation must provide for an affirmative defense during 

 start-up, shutdowns, malfunctions or upsets. 

 Notwithstanding any recordkeeping and reporting 

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

 shall not be on a less frequent basis than the reporting 

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

 In the case of any condition contained in this permit with

 a reporting requirement of "Upon request by regulatory 

 agency" the permittee shall include in the semiannual 

 report, a statement for each such condition that the 

 monitoring or recordkeeping was performed as required or 

 requested and a listing of all instances of deviations 

 from these requirements.

 In the case of any emission testing performed during the 

 previous six month reporting period, either due to a 

 request by the Department, EPA, or a regulatory 

 requirement, the permittee shall include in the semiannual

 report a summary of the testing results and shall indicate

 whether or not the Department or EPA has approved the 

 results.

 All semiannual reports shall be submitted to the 

 Administrator (or his or her representative) as well as 

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

 pollution control engineer (RAPCE) in the regional office 

 and one copy to the Bureau of Quality Assurance (BQA) in 

 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.

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

Condition 5: Compliance Certification
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 10 DRAFT

 Effective between the dates of 03/13/2009 and Permit Expiration Date

 Applicable Federal Requirement:

 Replaced by Condition(s) 1-2

Item 5.1:

The Compliance Certification activity will be performed for the Facility.

Item 5.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 To meet the requirements of this facility permit with 

 respect to reporting, the permittee must:

 Submit reports of any required monitoring at a minimum 

 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.
 

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 (4) This permit may contain a more stringent reporting 

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

 above. If more stringent reporting requirements have been

 placed in this permit or exist in applicable requirements 

 that apply to this facility, the more stringent reporting 

 requirement shall apply.

 If 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 
 

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 results.

 All semiannual reports shall be submitted to the 

 Administrator (or his or her representative) as well as 

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

 pollution control engineer (RAPCE) in the regional office 

 and one copy to the Bureau of Quality Assurance (BQA) in 

 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: 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 1-3: Open Fires - Prohibitions

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 215.2

Item 1-3.1: 

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

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

Item 1-3.2

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

will be allowed as follows:

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

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

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

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.
 

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(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 1-4: Required Emissions Tests

 Effective for entire length of Permit

 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 20: Visible Emissions Limited

 Effective between the dates of 03/13/2009 and Permit Expiration Date

 Applicable Federal Requirement:

 Expired by Mod 1

Item 20.1:

Except as permitted by a specific part of this Subchapter and for open fires for which a restricted

burning permit has been issued, no person shall cause or allow any air contamination source to

emit any material having an opacity equal to or greater than 20 percent (six minute average)

except for one continuous six-minute period per hour of not more than 57 percent opacity.
 

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 The following conditions are subject to annual compliance certification 

 requirements for Title V permits only.

Condition 26: Emission Unit Definition

 Effective between the dates of 03/13/2009 and Permit Expiration Date

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 26.1(From Mod 1):

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

 Emission Unit: U-00015 

 Emission Unit Description: 

 BUILDING 31 AND 321 STATIONARY COMBUSTION 

 INSTALLATIONS, INCLUDING PACKAGE ABD BUILT 

 UP BOILERS USED FOR THE GENERATION OF 

 PROCESS STEAM AND ELECTRICITY

 Building(s): 031

 321

Item 26.2(From Mod 0):

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

 Emission Unit: U-00035 

 Emission Unit Description: 

 UTILITIES SUPPLY SIDE MISCELLANEOUS 

 STORAGE VESSELS

 Building(s): 031

 321

Item 26.3(From Mod 0):

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

 Emission Unit: U-00051 

 Emission Unit Description: 

 COAL AND ASH HANDLING SYSTEMS INCLUDING 

 FUGITIVE EMISSIONS FROM THE KPS COAL PILE 

 AND EXEMPT ACTIVITIES FROM BUILDING 31

 Building(s): 321

 M90

Condition 29: Contents of reports and compliance certifications.

 Effective between the dates of 03/13/2009 and Permit Expiration Date

 Applicable Federal Requirement:

 Expired by Mod 1
 

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Item 29.1:

This Condition applies to:

 Emission Unit: U00015

 Process: K12 

 Emission Unit: U00015

 Process: K13 

 Emission Unit: U00015

 Process: K14 

 Emission Unit: U00015

 Process: K15 

Item 29.2: The NOx authorized account representative shall include in the compliance

certification report the following elements, in a format prescribed by the Administrator,

concerning each unit at the source and subject to the NOx Budget emissions limitation for the

control period covered by the report:

(1) Identification of each NOx Budget unit; and

(2) In the compliance certification report the NOx authorized account representative shall

certify, based on reasonable inquiry of those persons with primary responsibility for operating

the source and the NOx Budget units at the source in compliance with the NOx Budget Trading

Program, whether each NOx Budget unit for which the compliance certification is submitted was

operated during the calendar year covered by the report in compliance with the requirements of

the NOx Budget Trading Program applicable to the unit, including:

(i) Whether the unit was operated in compliance with the NOx Budget emissions limitation;

(ii) Whether the monitoring plan that governs the unit has been maintained to reflect the actual

operation and monitoring of the unit, and contains all information necessary to attribute NOx

emissions to the unit, in accordance with Subpart 204-8;

(iii) Whether all the NOx emissions from the unit, or a group of units (including the unit) using

a common stack, were monitored or accounted for through the missing data procedures and

reported in the quarterly monitoring reports, including whether conditional data were reported in

the quarterly reports in accordance with Subpart 204-8. If conditional data were reported, the

owner or operator shall indicate whether the status of all conditional data has been resolved and

all necessary quarterly report resubmissions has been made;

(iv) Whether the facts that form the basis for certification under Subpart 204-8 of each monitor

at the unit or a group of units (including the unit) using a common stack, or for using an excepted

monitoring method or alternative monitoring method approved under Subpart 204-8, if any, has

changed; and

(v) If a change is required to be reported under item (iv) above, specify the nature of the change,

the reason for the change, when the change occurred, and how the unit's compliance status was

determined subsequent to the change, including what method was used to determine emissions

when a change mandated the need for monitor recertification.

At the NOx authorized account representative's option the following may be included in the

compliance certification report:

(1) The serial numbers of the NOx allowances that are to be deducted from each unit's
 

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compliance account under Section 204-6.5 for the control period; and

(2) For units sharing a common stack and having NOx emissions that are not monitored

separately or apportioned in accordance with Subpart 204-8, the percentage of NOx allowances

that is to be deducted from each unit's compliance account under Subdivision 204-6.5(e). 

Condition 30: Compliance Certification

 Effective between the dates of 03/13/2009 and Permit Expiration Date

 Applicable Federal Requirement:

 Expired by Mod 1

Item 30.1:

The Compliance Certification activity will be performed for the facility:

The Compliance Certification applies to:

 Emission Unit: U-00015

 Process: K12

 Emission Unit: U-00015

 Process: K13

 Emission Unit: U-00015

 Process: K14

 Emission Unit: U-00015

 Process: K15

 Regulated Contaminant(s):

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

Item 30.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 For the 2008 control period and every control period 

 thereafter:

 (1) if the number resulting from multiplying the unit's 

 uncontrolled emission rate as of 1995 by 0.4 is less than 

 or equal to 0.17 lb/mmBtu, multiply the average of the 

 highest heat input experienced by the unit for any two 

 control periods among the four control periods preceding 

 the date by which the department must submit the NOx 

 allocations to the administrator pursuant to section 

 204-5.2(b) of this Subpart by 0.17 lb/mmBtu; and

 (2) if the number resulting from multiplying the unit's 

 uncontrolled emission rate as of 1995 by 0.4 is greater 

 than 0.17 lb/mmBtu, multiply the average of the highest 

 heat input experienced by the unit for any two control 

 periods among the four control periods preceding the date 
 

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 by which the department must submit the NOx allocations to

 the administrator pursuant to section 204-5.2(b) of this 

 Subpart by the number resulting from multiplying the 

 unit's uncontrolled emission rate as of 1995 by 

 0.4.

 Units which have previously received NOx allowances from 

 the department general account established for the 

 distribution of NOx allowances allocated to the new 

 non-electricity generating unit sector set-aside 

 allocation under subdivision (e) of this section. For 

 every control period for which NOx allowances will be 

 allocated, multiply the greatest heat input experienced by

 the unit for any single control period among the three 

 control periods preceding the date by which the department

 must submit the NOx allocations to the administrator 

 pursuant to section 204-5.2(b) of this Subpart by 0.17 

 lb/mmBtu.

 For the second round calculation:

 (i) When the sum of the first round calculation results 

 for all non-electricity generating units is greater than 

 or equal to the number representing the 82 percent portion

 of the non-electricity generating unit sector 

 budget:

 (a) for units covered by clause (1)(i)(a) or subclause 

 (1)(i)(b)(1) of this subdivision, the allocation factor is

 one; and

 (b) for units covered by subclause (1)(i)(b)(2) and 

 subparagraph (1)(ii) of this subdivision, determine the 

 allocation factor by dividing the total of the 82 percent 

 portion of the non-electricity generating unit sector 

 budget minus the sum of the first round calculation 

 results for units covered by subclause (1)(i)(b)(1) of 

 this subdivision by the sum of the first round calculation

 results for units covered by subclause (1)(i)(b)(2) and 

 subparagraph (1)(ii) of this subdivision.

 (ii) When the sum of the first round calculation results 

 for all non-electricity generating units is less than the 

 number representing the 82 percent portion of the 

 non-electricity generating unit sector budget, determine 

 the allocation factor by dividing the 82 percent portion 

 of the non-electricity generating unit sector budget by 

 the sum of the first round calculations for all 

 non-electricity generating units.

 For the third round calculation:

 Multiply the allocation factor by each unit's first round 

 calculation result.
 

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 For the fourth round calculation:

 The number of NOx allowances to be allocated to each unit 

 will be the lesser of:

 (i) the number representing the unit's CPPTE; or

 (ii) the third round calculation result for the unit plus 

 the number representing the unit's proportional share of 

 any unassigned NOx allowances remaining in the 82 percent 

 portion of the non-electricity generating unit sector 

 budget as determined by dividing the unit's first round 

 calculation result by the sum of the first round 

 calculation results for all units.

 Note: In this fourth round calculation NOx allowances may 

 initially remain unassigned because the CPPTE limitation 

 of subparagraph (d)(4)(i) of this section may affect some 

 units sooner than others leaving some NOx allowances 

 unallocated after the calculation is first performed. 

 Thus, this fourth round calculation may be performed more 

 than once in order to allocate all remaining unassigned 

 NOx allowances.

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 31: Submission of NOx allowance transfers.

 Effective between the dates of 03/13/2009 and Permit Expiration Date

 Applicable Federal Requirement:

 Expired by Mod 1

Item 31.1:

This Condition applies to:

 Emission Unit: U00015

 Process: K12 

 Emission Unit: U00015

 Process: K13 

 Emission Unit: U00015

 Process: K14 

 Emission Unit: U00015

 Process: K15 
 

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Item 31.2: The NOx authorized account representatives seeking recordation of a NOx

allowance transfer shall submit the transfer to the Administrator. To be considered correctly

submitted, the NOx allowance transfer shall include the following elements in a format specified

by the Administrator:

(a) The numbers identifying both the transferor and transferee accounts;

(b) A specification by serial number of each NOx allowance to be transferred; and

(c) The printed name and signature of the NOx authorized account representative of the

transferor account and the date signed.

Condition 32: Reference to 40CFR and list of requirements.

 Effective between the dates of 03/13/2009 and Permit Expiration Date

 Applicable Federal Requirement:

 Expired by Mod 1

Item 32.1:

This Condition applies to:

 Emission Unit: U00015

 Process: K12 

 Emission Unit: U00015

 Process: K13 

 Emission Unit: U00015

 Process: K14 

 Emission Unit: U00015

 Process: K15 

Item 32.2: The owners and operators, and to the extent applicable, the NOx authorized

account representative of a NOx Budget unit, shall comply with the monitoring and reporting

requirements as provided in this Subpart and in Subpart H of 40 CFR Part 75. For purposes of

complying with such requirements, the definitions in Section 204-1.2 and in 40 CFR 72.2 shall

apply, and the terms "affected unit," "designated representative," and "continuous emission

monitoring system" (or "CEMS") in 40 CFR Part 75 shall be replaced by the terms "NOx

Budget unit," "NOx authorized account representative," and "continuous emission monitoring

system" (or "CEMS"), respectively, as defined in Section 204-1.2. 

The owner or operator of each NOx Budget unit must meet the following requirements. These

provisions also apply to a unit for which an application for a NOx Budget opt-in permit is

submitted and not denied or withdrawn, as provided in Subpart 204-9:

(1) Install all monitoring systems required under this Subpart for monitoring NOx mass. This

includes all systems required to monitor NOx emission rate, NOx concentration, heat input, and 

flow, in accordance with 40 CFR 75.71 and 75.72.

(2) Install all monitoring systems for monitoring heat input, if required under Section 204-8.7

for developing NOx allowance allocations.

(3) Successfully complete all certification tests required under Section 204-8.2 and meet all

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

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paragraphs (a)(1) and (2) of this section.

(4) Record and report data from the monitoring systems under paragraphs (a)(1) and (2) of this

section.

Condition 33: Requirements for recertification of monitoring systems.

 Effective between the dates of 03/13/2009 and Permit Expiration Date

 Applicable Federal Requirement:

 Expired by Mod 1

Item 33.1:

This Condition applies to:

 Emission Unit: U00015

 Process: K12 

 Emission Unit: U00015

 Process: K13 

 Emission Unit: U00015

 Process: K14 

 Emission Unit: U00015

 Process: K15 

Item 33.2: Whenever the owner or operator makes a replacement, modification, or change

in a certified monitoring system that the Administrator or the Department determines

significantly affects the ability of the system to accurately measure or record NOx mass

emissions or heat input or to meet the requirements of 40 CFR 75.21 or Appendix B to 40 CFR

Part 75, the owner or operator shall recertify the monitoring system according to 40 CFR

75.20(b). Furthermore, whenever the owner or operator makes a replacement, modification, or

change to the flue gas handling system or the unit's operation that the Administrator or the

Department determines to significantly change the flow or concentration profile, the owner or

operator shall recertify the continuous emissions monitoring system according to 40 CFR

75.20(b). Examples of changes which require recertification include: replacement of the

analyzer, change in location or orientation of the sampling probe or site, or changing of flow rate

monitor polynomial coefficients. 

Condition 34: Out of control periods.

 Effective between the dates of 03/13/2009 and Permit Expiration Date

 Applicable Federal Requirement:

 Expired by Mod 1

Item 34.1:

This Condition applies to:

 Emission Unit: U00015

 Process: K12 
 

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 Emission Unit: U00015

 Process: K13 

 Emission Unit: U00015

 Process: K14 

 Emission Unit: U00015

 Process: K15 

Item 34.2: Whenever any monitoring system fails to meet the quality assurance

requirements of Appendix B of 40 CFR Part 75, data shall be substituted using the applicable

procedures in Subpart D, Appendix D, or Appendix E of 40 CFR Part 75.

Condition 35: Compliance Certification

 Effective between the dates of 03/13/2009 and Permit Expiration Date

 Applicable Federal Requirement:

 Expired by Mod 1

Item 35.1:

The Compliance Certification activity will be performed for the facility:

The Compliance Certification applies to:

 Emission Unit: U-00015

 Process: K12

 Emission Unit: U-00015

 Process: K13

 Emission Unit: U-00015

 Process: K14

 Emission Unit: U-00015

 Process: K15

Item 35.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The Authorized Account Representative for a NOx Budget 

 unit shall submit written notice to the Department and the

 USEPA Administrator in accordance with the requirements of

 this subpart as follows:

 All monitoring plans or monitoring plan modifications; 

 compliance certifications, recertifications and quarterly 

 QA/QC reports; and, petitions for alternative monitoring, 

 shall be submitted to the USEPA Administrator (or his/her 

 representatives) as well as two copies to the Department 

 (one copy to the Regional Air Pollution Control Engineer 

 (RAPCES) in the regional office and one copy to the Bureau
 

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 of Quality Assurance (BQA) in the DEC central office. All

 Authorized Account Representative changes shall be sent to

 the NYSDEC central office. 

 All quarterly emission data shall be electronically filed 

 with the USEPA Clean Air Markets Division with a copy 

 (disc or hard copy) to the NYSDEC offices.

 The address for the USEPA Administrator is as 

 follows:

 USEPA Clean Air Markets Division

 1200 Pennsylvania Avenue, NW

 Mail Code 6204J

 Washington D.C. 20460

 CEM Coordinator

 USEPA-Region 2

 2890 Woodbridge Avenue

 Edison, N.J. 08837

 The address for the BQA is as follows:

 NYSDEC 

 Bureau of Quality Assurance

 625 Broadway

 Albany, NY 12233-3258

 AAR changes should be sent to the attention of: 

 

 NYSDEC

 Stationary Source Planning Section

 Bureau of Air Quality Planning

 625 Broadway, 2nd Floor

 Albany NY 12233-3251

 The address for the RAPCE is as follows:

 6274 East Avon-Lima Road

 Avon, NY 14414-9519

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 36: Compliance Certification

 Effective between the dates of 03/13/2009 and Permit Expiration Date

 Applicable Federal Requirement:

 Expired by Mod 1
 

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Item 36.1:

The Compliance Certification activity will be performed for the facility:

The Compliance Certification applies to:

 Emission Unit: U-00015

 Process: K12

 Emission Unit: U-00015

 Process: K13

 Emission Unit: U-00015

 Process: K14

 Emission Unit: U-00015

 Process: K15

Item 36.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner or operator of a unit that elects to monitor 

 and report NOx Mass emissions using a NOx concentration 

 system and a flow system shall also monitor and report 

 heat input at the unit level using the procedures set 

 forth in 40 CFR Part 75.

Monitoring Frequency: HOURLY

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 1-5: Air pollution prohibited

 Effective for entire length of Permit

 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 1-6: Compliance Certification

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR Subpart 243-1
 

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Item 1-6.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

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

Item 1-6.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 1. Nitrogen oxides ozone season emission requirements

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

 first business day thereafter if November 30 is not a 

 business day, the owners and operators shall hold, in 

 their compliance account, CAIR NOx ozone season allowances

 available for compliance deductions for the previous 

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

 not less than the total tons of nitrogen oxides emissions

 from all CAIR NOx ozone season units at the source during 

 that control period. 

 

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

 deducted, for compliance with the requirements under 

 paragraph (1) of this section, for a control period in a 

 calendar year before the year for which the CAIR NOx ozone

 season allowance was allocated. 

 

 (c) CAIR NOx Ozone Season allowances shall be held in, 

 deducted from, or transferred into or among CAIR NOx Ozone

 Season Allowance Tracking System accounts in accordance 

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

 (d) Upon recordation by the Administrator under Subpart 

 243-6, 243-7, or 243-9, every allocation, transfer, or 

 deduction of a CAIR NOx Ozone Season allowance to or from 

 a CAIR NOx Ozone Season source's compliance account is 

 incorporated automatically in any CAIR permit of the 

 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
 

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 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.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 1-7: CAIR Representative

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR Subpart 243-2

Item 1-7.1:

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

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

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

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

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

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

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

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

and operator of the CAIR NOx Ozone Season source represented in all matters pertaining to the

CAIR NOx Ozone Season Trading Program, notwithstanding any agreement between the CAIR

designated representative and such owners and operators. The owners and operators shall be

bound by any decision or order issued to the CAIR designated representative by the department,

the Administrator, or a court regarding the source. [243-2.1(a), (b) & (c)] 

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

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

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

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

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

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

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

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

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

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

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

possibility of fine or imprisonment." [243-2.1(e)]

Condition 1-8: Monitoring and reporting NOx emissions

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR Subpart 243-8

Item 1-8.1:

Monitoring and Reporting NOx emissions

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

 designated representative shall comply with all recordkeeping and 

 reporting requirements in this condition, the applicable recordkeeping

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

 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).
 

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 (4) For CAIR Nox Ozone Season units that are also subject to an Acid Rain

emissions

 limitation or the CAIR NOx Annual Trading Program, CAIR SO2 

 Trading Program, or the Mercury Reduction Program for Coal-Fired 

 Electric Utility Steam Generating Units (6NYCRR Part 246), quarterly 

 reports shall include the applicable data and information required by 

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

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

 required by this Subpart.

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

 shall submit to the Administrator a compliance certification (in a 

 format prescribed by the Administrator) in support of each quarterly 

 report based on reasonable inquiry of those persons with primary 

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

 correctly and fully monitored. The certification shall state 

 that:

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

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

 including the quality assurance procedures and specifications; 

 and

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

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

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

 parameters listed in the quality assurance/quality control program 

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

 not systematically underestimate NOx emissions.

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

 and quality-control requirements or data validation requirements of 40

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

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

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

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

 or change in any certified continuous emission monitoring system under

 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 
 

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 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 1-9: Compliance Certification

 Effective for entire length of Permit

 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 Permit Expiration Date

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 40.1(From Mod 1):

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

 Emission Unit: U-00015

 Emission Point: 00001 

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

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

 Emission Point: 00003 

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

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

 Emission Point: 00004 

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

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

Item 40.2(From Mod 0):

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

 Emission Unit: U-00035

 Emission Point: 03104 

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

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

 Emission Point: 321A0 

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

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

Item 40.3(From Mod 0):

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

 Emission Unit: U-00051

 Emission Point: 32102 

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

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

 Emission Point: 32106 

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

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

 Emission Point: 32107 

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

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

 Emission Point: M9001 

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

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

Condition 41: Process Definition By Emission Unit

 Effective between the dates of 03/13/2009 and Permit Expiration Date

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 41.1(From Mod 1):

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

 Emission Unit: U-00015

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

 Process Description: NO 6 FUEL OIL COMBUSTION IN PACKAGE BOILERS
 

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 Emission Source/Control: 031AC - Combustion 

 Emission Source/Control: 031AD - Combustion 

 Emission Source/Control: 031AE - Combustion 

 Emission Source/Control: 031AF - Combustion 

Item 41.2(From Mod 1):

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

 Emission Unit: U-00015

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

 Process Description: 

 NO 6 FUEL OIL COMBUSTION FOR BUILT UP 

 BOILERS 41, 42 AND 43

 Emission Source/Control: 321AG - Combustion 

 Emission Source/Control: 321AH - Combustion 

 Emission Source/Control: 321AI - Combustion 

 Emission Source/Control: 32101 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

 Emission Source/Control: 32102 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

 Emission Source/Control: 32104 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

Item 41.3(From Mod 1):

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

 Emission Unit: U-00015

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

 Process Description: 

 BITUMINOUS COAL COMBUSTION FOR BUILT UP 

 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
 

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 Emission Source/Control: 32104 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

Item 41.4(From Mod 1):

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

 Emission Unit: U-00015

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

 Process Description: 

 NO. 2 FUEL OIL COMBUSTION WITH NSPS 

 APPLICABILITY IN #44 BOILER.

 Emission Source/Control: 321AJ - Combustion 

 Emission Source/Control: 32103 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

Item 41.5(From Mod 1):

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

 Emission Unit: U-00015

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

 Process Description: 

 BITUMINOUS LOW SULFUR COAL COMBUSTION WITH

 NSPS APPLICABILITY, IN 44 BOILER

 Emission Source/Control: 321AJ - Combustion 

 Emission Source/Control: 32103 - Control 

 Control Type: ELECTROSTATIC PRECIPITATOR

Item 41.6(From Mod 0):

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

 Emission Unit: U-00035

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

 Process Description: NO. 2 FUEL OIL STORAGE

 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:
 

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 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 1-10: Compliance Certification

 Effective for entire length of Permit

 Applicable Federal Requirement:6 NYCRR 249.3 (f)

Item 1-10.1:

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:
 

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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.

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

Condition 57: Compliance Assurance Monitoring (CAM Rule) - Boilers 41 & 

 44

 Effective between the dates of 03/13/2009 and Permit Expiration Date

 Applicable Federal Requirement:

 Replaced by Condition(s) 1-11, 1-12

Item 57.1:

This Condition applies to Emission Unit: U-00015

Item 57.2:

Boilers 41 (ES 321AG) and 44 (ES 321AJ) located at Building 321 in Kodak Park are subject to

the requirements of the Compliance Assurance Monitoring Rule (CAM Rule) for particulate

emissions. CAM will be implemented as follows:

Boilers 41 is subject to a Part 227-1.2(a)(4) particulate limit of 0.26 lb/mmbtu and Boiler

44 is subject to a 40 CFR 52.21, Subpart A particulate limit of 0.035 lb/mmbtu. Testing

will be conducted to correlate compliant particulate emissions with opacity, and ESP

operating parameters and other process data to the extent possible. Once an opacity range

which indicates compliance has been established, Continuous Opacity Monitors (COMS)

will be used to assess compliance on a one hour average basis. The permit will be revised

to include the specific level at which an exceedance occurs. 

In the event that the one hour average opacity exceeds the established range, an

investigation and corrective actions will be conducted. 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

until repaired.

Each exceedance of the established opacity range shall be reported to the Department in the
 

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Semi-Annual Monitoring Deviation Report. The report shall include the measured opacity,

the duration, and the corrective actions taken. 

The permittee shall fulfill key obligations under the CAM Plan as follows:

1) A Continuous Opacity Monitoring System (COMS) shall be installed in the breeching at

the outlet of the Electrostatic Precipitator (ESP) for each boiler (Boiler 41 & 44). The

COMS shall be installed and operated in accordance with QA/QC requirements in 40 CFR

Part 60 Appendix B. 

2) Particulate emissions testing shall be conducted within 180 days of the issue date of this

first Renewal Permit to establish the compliance monitoring indicator(s). Thereafter,

particulate emissions testing to re-establish the compliance indicator(s) shall be conducted

at least once during the term of the permit. 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). 

3) The CAM monitoring system shall be implemented within 180 days of the issue date of this

first Renewal Permit. Implementation of the CAM monitoring system shall consist of: 

completion of the required particulate emission testing; submission of the test report, including

the proposed compliance indicator; and beginning monitoring in accordance with the proposed

indicators.

Condition 1-11: Compliance Certification

 Effective for entire length of Permit

 Applicable Federal Requirement:40 CFR Part 64

 Replaces Condition(s) 57

Item 1-11.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 1-11.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 DEVICE PARAMETERS AS SURROGATE

Monitoring Description: 

 For the purposes of demonstrating compliance with 40 CFR 

 52.21 Prevention of Significant Deterioration (PSD) and 6 

 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 
 

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

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

 maintained in accordance with QA/QC requirements in 40 CFR

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

 an indicator of compliance with the particulate limit as 

 demonstrated by the most recent stack test completed in 

 November 2009. Based on these test results, an exsursion 

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

 minute data averages) greater than 9.0%, except during 

 periods of startup, shutdown, and malfunction. 

 

 Response to Excursions

 In the event that an opacity excursion occurs, the control

 equipment and breeching COMS shall be inspected and 

 necessary repairs initiated, as appropriate. The boiler 

 combustion parameters and ESP operating parameters will be

 evaluated and the following corrective actions will be 

 taken:

 1. Reduce boiler load as possible to achieve compliance 

 with one-hour opacity average.

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

 re-evaluate system functionality.

 3. In the event that full system functionality cannot be 

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

 as plant loading conditions permit.

 If continued accumulation of excursions exceeds 5 percent 

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

 block period, excluding startup and shutdown periods) 

 recorded in a calendar quarter, a Quality Improvement Plan

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

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

 stack testing shall be performed within the time specified

 by the Department to demonstrate compliance with the 

 particulate standard and/or establish a basis for 

 adjustment of the breeching opacity limit, as 

 necessary.

 Regardless of whether a QIP is implemented, particulate 

 emissions testing to re-establish the compliance indicator

 shall be conducted at least once during the term of the 

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

 Renewal). A test notification and protocol shall be 

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

 report shall be submitted to the Department within 60 days

 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 
 

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 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.

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

Condition 1-12: Compliance Certification

 Effective for entire length of Permit

 Applicable Federal Requirement:40 CFR Part 64

 Replaces Condition(s) 57

Item 1-12.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-00015

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 1-12.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL 

 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 
 

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Renewal 1/Mod 1/Changes Only Page 37 DRAFT

 recent plan approved by the Department). Opacity shall be 

 measured by the continuous opacity monitoring system 

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

 32101). The COMS shall be operated, calibrated and 

 maintained in accordance with QA/QC requirements in 40 CFR

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

 an indicator of compliance with the particulate limit as 

 demonstrated by the most recent stack test completed in 

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

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

 minute data averages) greater than 13.0%, except during 

 periods of startup, shutdown, and malfunction. 

 

 Response to Excursions

 In the event that an opacity excursion occurs, the control

 equipment and breeching COMS shall be inspected and 

 necessary repairs initiated, as appropriate. The boiler 

 combustion parameters and ESP operating parameters will be

 evaluated and the following corrective actions will be 

 taken:

 1. Reduce boiler load as possible to achieve compliance 

 with one-hour opacity average.

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

 re-evaluate system functionality.

 3. In the event that full system functionality cannot be 

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

 as plant loading conditions permit.

 If continued accumulation of excursions exceeds 5 percent 

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

 block period, excluding startup and shutdown periods) 

 recorded in a calendar quarter, a Quality Improvement Plan

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

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

 stack testing shall be performed within the time specified

 by the Department to demonstrate compliance with the 

 particulate standard and/or establish a basis for 

 adjustment of the breeching opacity limit, as 

 necessary.

 Regardless of whether a QIP is implemented, particulate 

 emissions testing to re-establish the compliance indicator

 shall be conducted at least once during the term of the 

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

 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
 

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 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.

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

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

 Air Pollution Control Permit Conditions

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 STATE ONLY ENFORCEABLE CONDITIONS

 ** ** Facility Level  

 NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS

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

may also have other obligations under regulations of general applicability

Item A: General Provisions for State Enforceable Permit Terms and

 Condition - 6 NYCRR Part 201-5

 Any person who owns and/or operates stationary sources 

 shall operate and maintain all emission units and any 

 required emission control devices in compliance with all 

 applicable Parts of this Chapter and existing laws, and 

 shall operate the facility in accordance with all 

 criteria, emission limits, terms, conditions, and 

 standards in this permit. Failure of such person to 

 properly operate and maintain the effectiveness of such 

 emission units and emission control devices may be 

 sufficient reason for the Department to revoke or deny a 

 permit.

 The owner or operator of the permitted facility must 

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

 years and make them available to representatives of the 

 Department upon request. Department representatives must 

 be granted access to any facility regulated by this 

 Subpart, during normal operating hours, for the purpose of

 determining compliance with this and any other state and 

 federal air pollution control requirements, regulations or

 law.

 STATE ONLY APPLICABLE REQUIREMENTS

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

compliance certification requirements unless otherwise noted or required 

 under 6 NYCRR Part 201.

Condition 112: Contaminant List

 Effective between the dates of 03/13/2009 and Permit Expiration Date

 Applicable State Requirement:ECL 19-0301

Item 112.1:

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

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

 CAS No: 000124-38-9

 Name: CARBON DIOXIDE
 

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 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 for entire length of Permit

 Applicable State Requirement:6 NYCRR 201-1.4

Item 1-13.1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 41 DRAFT

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 113: Unavoidable noncompliance and violations

 Effective between the dates of 03/13/2009 and Permit Expiration Date

 Applicable State Requirement:

 Expired by Mod 1

Item 113.1:

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
 

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

 Air Pollution Control Permit Conditions

Renewal 1/Mod 1/Changes Only Page 42 DRAFT

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

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

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

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

representative.

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

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

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

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

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

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

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

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

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

reporting and notification provisions for applicable requirements more stringent than those

above.

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

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

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

malfunction and the air contaminants emitted.

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

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

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

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

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 1-14: Visible Emissions Limited

 Effective for entire length of Permit

 Applicable State Requirement:6 NYCRR 211.2

Item 1-14.1:

Except as permitted by a specific part of this Subchapter and for open fires for which a restricted

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 1-15: Compliance Demonstration

 Effective for entire length of Permit
 

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

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 Applicable State Requirement:6 NYCRR Part 249

Item 1-15.1:

The Compliance Demonstration activity will be performed for:

 Emission Unit: U-00015

 Process: K12

 Regulated Contaminant(s):

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

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

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 1-15.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Pursuant to 6 NYCRR Part 249.3(e), before commencing any 

 required construction or process changes, the owner or 

 operator must submit an application for a permit or permit

 modification as required under Part 201 of this Title. 

 

 Consistent with the Department's approval of SDEGS/Eastman

 Business Park BART Determination, Boiler 41 will be 

 permanently shut down by December 31, 2013.

 SDEGS of Rochester will notify the Department in writing 

 upon retirement of the unit and submit an application for 

 a permit modification to reflect the permanent shutdown of

 the unit. 

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

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

Condition 1-16: Compliance Demonstration

 Effective for entire length of Permit

 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
 

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

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Renewal 1/Mod 1/Changes Only Page 44 DRAFT

 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, SDEGS of 

 Rochester will submit an application for a permit 

 modification for the project. 

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

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

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

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