#

AOP-07-020a 

DEC#

EJ95-0448 

Operating Permit Expiration Date: April 21, 2013 

State of Vermont 

Agency of Natural Resources 

Department of Environmental Conservation 

Air Pollution Control Division 

Waterbury, Vermont 

TITLE V 

AIR POLLUTION CONTROL PERMIT 

TO CONSTRUCT AND OPERATE 

AND ACID RAIN PHASE II PERMIT

Date Permit Issued: February 2, 2009

Owner/Operator: 

Burlington Electric Department 

585 Pine Street 

Burlington, Vermont 05401-4891 

Source: 

Unit ID# 1 

Joseph C. McNeil Generating Station (ORIS Code: 589) 

111 Intervale Road 

Burlington, Vermont 05401 
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FINDINGS OF FACT

(A) FACILITY DESCRIPTION 

Burlington Electric Company (also referred to herein as "Permittee") owns and operates a 

fifty (50) megawatt (net) multi-fuel fired power plant located at 111 Intervale Road in the 

town of Burlington, Vermont (also referred to herein as "Facility"). Other joint owners of the 

McNeil Station include: Central Vermont Public Service ("CVPS"), Green Mountain Power 

Corporation ("GMPC"), and Vermont Public Power Supply Authority. Operations performed 

at the McNeil Station are classified within the Standard Industrial Classification Code - 4911 

(Electrical Services). The McNeil Station is designated as an "intermediate" power 

generation plant, and is subject to central dispatch by the Independent System Operator 

New England ("ISO New England"), a regional consortium of electrical utilities. 

Permit AOP-07-020 approved the renewal of the Facility’s combined Permit to Construct 

and Operate. In addition, the Permittee had proposed to install and operate a selective 

catalytic reduction (SCR) system in order to reduce the facility’s emissions of NOX. The 

reduced NOX emissions are required for the Facility to qualify for Class 1 renewable energy 

credits (RECs) in New England. While the installation of the SCR system is voluntary, once 

the system is operational, the Permittee must operate the system to meet new NOX RACT 

limits. 

This permit amendment (AOP-07-020a) reauthorizes the installation and operation of the 

NOX SCR system with changes to address the Notice of Appeal for Air Pollution Control 

Permit AOP-07-020 filed by the Permittee on May 21, 2008 with the Vermont Environmental 

Court. As a result of this appeal, additional language has been added to Condition (11)(g). 

Also Condition (11)(g) is now enforceable by the state authorities only. 

This permit also includes a clerical amendment to Condition (21). 

The following equipment is operated at the facility: 

• 50 MW1 Main Boiler: 750 MMBtu/hr2

 Wood / 660 MMBtu/hr Natural Gas & Biomass Gas / 

<250 MMBtu/hr No.2 fuel oil. Installed1981 

• 4 MMBtu/hr1

 natural gas / No. 2 fuel oil boiler (“Auxiliary Boiler”) Installed 1983 

• 0.28 MMBtu/hr waste oil furnace (“Waste Oil Furnace”) Inst. 2003 

1

 MMBtu/hr - Million British Thermal Units per hour maximum rated heat input. 

2

 MW – Mega Watt electrical output. 

(B) FACILITY CLASSIFICATION 

The Facility is classified as a source of air contaminants pursuant to Title 10 of the Vermont 

Statutes Annotated (“10 VSA”) §555 and §5-401 of the Vermont Air Pollution Control 

Regulations (hereinafter "Regulations"). In addition, §5-101 of the Regulations defines a 

stationary source as any structure(s), equipment, installation(s), or operation(s), or 

combination thereof, which emit or may emit any air contaminant, which is located on one or 
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more contiguous or adjacent properties and which is owned or operated by the same 

person or persons under common control. Based on this definition, all of the equipment, 

operations, and structures at the Facility are grouped together by the Agency of Natural 

Resources, Department of Environmental Conservation, Air Pollution Control Division 

(hereinafter "Agency") as one stationary air contaminant source for purposes of review 

under the Regulations. 

(C) PRIOR AGENCY/COURT ACTIONS/APPROVALS 

The Facility has been issued the following “Permit to Construct” approvals pursuant to 10 

VSA §556 and §§5-501 and 5-502 of the Regulations and the following “Permit to Operate” 

approvals pursuant to 10 VSA §556a and Subchapter X of the Regulations. 

Prior Agency/Court Approvals and Actions 

Date of Action Description of Agency Approval/Action 

May 2, 1980 Original Agency Permit to Construct: approved construction and operation of wood 

fired electric power plant. (Major New Source Review) 

July 13, 1982 Court Order imposed NOx emission limits (short term and annual) and required 

continuous emission monitoring. 

September 15, 1989 #AP-89-010 - Agency approval for installation and operation of natural gas burners. 

(Major Modification) 

January 22, 1992 Assurance of Discontinuance: Required Flue Gas Recirculation installation and 

operation in order to bring NOx emissions from Main Boiler into compliance with 

Permit limits. Also required ESP maintenance and reporting actions. 

June 9, 1995 #AP-89-010a - Agency approval for combustion of gasifier gas and installation of 

new burner (FERCO). (Administrative Amendment) 

April 1, 1996 #AP-89-010 b - Administrative amendment updating boiler specifications and lb/hr 

emission limits for NOx. 

March 11, 1998 #AOP-95-047 – Initial Title V Operating Permit issued. 

November 28, 2001 Settlement Agreement eliminated annual cap on NOx emissions attributable to wood 

combustion imposed by July 13, 1982 Court Order. 

October 28, 2003 #AOP-01-057 – Renewal of Title V Operating Permit that included a fuel neutral SO2

limit for the Main Boiler as well as lower NOX emission rates for the main boiler. 

April 21, 2008 #AOP-07-020 – Renewal of Title V Operating Permit and a Construction Permit for 

the installation of a regenerative selective catalytic reduction NOX control device. 

(D) FACILITY PERMIT APPLICABILITY 

As noted above, the Facility is classified as a source of air contaminants under §5-401 of 

the Regulations. Pursuant to 10 VSA §556 and §5-501 of the Regulations a Permit to 

Construct, or an amendment to any existing Permit to Construct, must be obtained before 

commencing the construction, installation, modification or operation of an air contaminant 

source. The proposed installation of the selective catalytic reduction system is considered a 
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modification to the Facility under the Regulations and consequently a Permit to Construct 

must be obtained. 

Pursuant to 10 VSA §556a and Subchapter X of the Regulations a Permit to Operate is 

required for any air contaminant source with allowable emissions of all air contaminants 

combined of ten (10) tons per year ("tpy") or more or that is subject to a standard, limitation 

or other requirement under §111 and/or §112 of the Clean Air Act. 

In addition, an amendment to any existing Permit to Operate is required prior to 

commencing any modifications to the Facility not previously allowed under the Permit to 

Operate. The proposed changes to the Facility are considered a modification under the 

Regulations and consequently an amendment to the Permit to Operate must be obtained 

consistent with the requirements of Subchapter X of the Regulations. Allowable emissions 

from the Facility are estimated to be greater than ten (10) tpy combined and emissions of 

nitrogen oxides (NOX), and carbon monoxide (CO) are estimated to be in excess of the onehundred (100) tpy threshold for applicability to Title V of the federal Clean Air Act. 

Therefore, pursuant to §§5-1002, 5-1003, and 5-1005 of the Regulations, the Facility is 

classified as a “Title V Subject Source.” 

In accordance with 10 VSA §556(e) the Agency has combined the Permit to Construct 

modification and the Permit to Operate renewal for this Facility into one combined Permit to 

Construct and Operate. The allowable emissions for the Facility are summarized below: 

Future Allowable Air Contaminant Emissions (tons/year)1

PM/PM10 SO2 NOx CO VOCs Total 

Criteria HAPs 

42 44.6 >100 1469 <50 >10 <10/25 

1

 PM/PM10 - particulate matter and particulate matter of 10 micrometers in size or smaller; SO2 - sulfur dioxide; NOx - 

oxides of nitrogen measured as NO2 equivalent; CO - carbon monoxide; VOCs - volatile organic compounds; HAPs - 

hazardous air pollutants as defined in §112 of the federal Clean Air Act. 2

 Emissions of individual HAPs each < 10 tpy and emissions of total HAPs combined <25 tpy. 

(E) REVIEW FOR THE PERMIT TO CONSTRUCT 

(a) New Source Review Designation 

The Facility, prior to the construction of the proposed modification, is designated as 

a major stationary source of air contaminants since it has allowable emissions of a 

single air contaminant of fifty (50) tons per year or greater. Consequently, any 

modification of the source that would result in a significant increase in emissions of 

any air contaminant, as defined in §5-101 of the Regulations, is designated as a 

major modification and is subject to review under §5-501 and §5-502 of the 

Regulations. The proposed project identified in Findings of Fact (A) above, together 

with all previous minor modifications constructed at the Facility since July 1, 1979, 

and which have not been previously reviewed under §5-502 of the Regulations, will 

not result in a major increase in emissions. Consequently, the proposed modification 
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is designated as a non-major modification and is not subject to the requirements of 

§5-502 of the Regulations. 

(b) Most Stringent Emission Rate 

Pursuant to §5-502 of the Regulations, the owner/operator of each new major 

stationary source or major modification must apply control technology adequate to 

achieve the Most Stringent Emission Rate ("MSER") with respect to those air 

contaminants for which there would be a major or significant actual emissions 

increase, respectively, but only for those currently proposed physical or operational 

changes which would contribute to the increased emissions. 

The proposed project is designated as a non-major modification of a stationary 

source and therefore is not subject to review under the MSER requirements in 

§5¬502 of the Regulations. 

Prior MSER Evaluations: 

Most Stringent Emission Rate Determinations 

Date of Determination/ 

Permit # 

Pollutant Description/Emission limit 

SO2 Wood as primary fuel and low sulfur fuel oil (0.39% S) 

NOx Modern combustion design of boiler and low flame 

temperature due to wood combustion. 

May 2, 1980 

Original Permit to 

Construct Wood Fired 

Power Plant (Major 

New Source Review) CO Modern combustion design of boiler. 

PM10 Existing controls: cyclones with ESP. Emission limit of 0.007 

gr/dscf corrected to 12% CO2. (Emission rate from May 2, 

1980 permit) 

NOx Low NOx burners for natural gas combustion. Emission rate: 

0.16 lb/MMBtu until 10/31/92. After 10/31/92, emission rate of 

0.13 lb/MMBtu (8 hour rolling average). 

September 15, 1989 

#AP-89-010 

Approval for Natural 

Gas Combustion 

(Major Modification) 

CO Modern design and monitoring (CEM). 1500 ppmv (one hour 

rolling average) emission limit. 

(c) Ambient Air Quality Impact Evaluation 

An ambient air quality impact evaluation is performed to demonstrate whether or not 

a proposed project will cause or contribute to violations of the ambient air quality 

standards and/or significantly deteriorate existing air quality. The Agency's 

implementation procedures concerning the need for an ambient air quality impact 

evaluation under §5-406(1) of the Regulations, specifies that such analyses may be 

required when a project results in an allowable emissions increase of ten (10) tons 

per year or more of any air contaminant, excluding VOCs. Additionally, the Agency 

may require an air quality impact evaluation where the short-term allowable 

emission rates will significantly increase as a result of a project. 
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Based on the level of emissions from this Facility, it is not expected to cause or 

contribute to a violation of any ambient air quality standard or significantly 

deteriorate air quality. Therefore, an air quality impact evaluation was not required 

by the Agency for the proposed project. 

Ambient air quality impact analyses were performed in 1980 and 1989. An ambient 

impact analysis was performed in 1980 as part of the original review for the Facility. 

The pollutants CO, SO2 and NOx were modeled and it was determined that the 

proposed impacts would not cause a violation of any National Ambient Air Quality 

Standard (NAAQS), exceed any PSD Increment or significantly contribute to an 

existing violation of a NAAQS. 

An ambient air quality analysis was performed again in 1989 for permit #AP-89-010. 

 The pollutants PM, NOx, SO2 and CO were modeled and it was again determined 

that the proposed impacts would not cause a violation of any NAAQS, exceed any 

PSD Increment or significantly contribute to an existing violation of an NAAQS. 

(F) REVIEW FOR THE PERMIT TO OPERATE 

(a) Applicable Requirements 

The operations at the Facility are subject to the following state and federal laws and 

regulations, the requirements of which are embodied in the conditions of this Permit. 

(i) Vermont Air Pollution Control Regulations: 

Applicable Requirements from the 

Vermont Air Pollution Control Regulations

Section 5-201 – Prohibition of Open Burning 

Section 5-211(2) and (3) - Prohibition of Visible Air Contaminants, Installations Constructed 

Subsequent to April 30, 1970. Exceptions – Wood Fuel Burning Equipment. 

Section 5-221(1) - Prohibition of Potentially Polluting Materials in Fuel, Sulfur Limitation in 

Fuel. 

Section 5-221(2) - Prohibition of Potentially Polluting Materials in Fuel, Waste Oil. 

Section 5-231(3) - Prohibition of Particulate Matter; Combustion Contaminants. 

Section 5-231(4) - Prohibition of Particulate Matter; Fugitive Particulate Matter. 

Section 5-241 – Prohibition of Nuisance and Odor. 

Section 5-251 – Control of Nitrogen Oxide Emissions 

Section 5-252 – Control of Sulfur Dioxide Emissions 
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Applicable Requirements from the 

Vermont Air Pollution Control Regulations

Section 5-261(3) – Control of Hazardous Air Contaminants – Hazardous Most Stringent 

Emission Rate. 

Section 5-402 – Written Reports When Requested. 

Section 5-403 – Circumvention 

Section 5-502(3) – Most Stringent Emission Rate 

Subchapter VIII – Registration of Air Contaminant Sources. 

Subchapter X – Operating Permits. 

ii) Reasonably Available Control Technology - §5-1010 of the Regulations

Pursuant to 10 VSA §556a(d) and §5-1010 of the Regulations the Agency 

may establish and include within any Permit to Operate emission control 

requirements based on Reasonably Available Control Technology ("RACT"). 

At the request of the Agency and as part of the 2003 Title V renewal 

application, the Permittee performed a RACT analysis for the pollutants NOX

and CO emitted from the Main Boiler. The RACT analysis was subsequently 

submitted to the Agency on September 6, 2002 for review. 

For permit #AOP-01-057, the Agency determined that RACT for NOX was a 

short term (8 hour rolling average) NOX emission rate for oil and wood 

combustion of 0.23 lbs/MMBtu. The limit was based on optimized operation 

of the boiler in its current configuration. The Agency also established a NOX

emission limit of 493 tons per rolling 12 months for the Main Boiler. RACT for 

CO was reviewed and continued to be good combustion practices and a CO 

limit of 1500 ppmv (1 hour average). 

With the NOX SCR system, the RACT for the Main Boiler at the Facility, in 

addition to the above short term limit, will be the operation of the NOX SCR 

system in such a manner to achieve a NOX emission limit of 0.075 lb/MMBtu 

based on a calendar quarterly average. Condition (11)(g) discusses what 

operating periods may be excluded from the calendar quarterly average. 

CO RACT with or without a NOX SCR system will continue to be good 

combustion control with the same limits from permit #AOP-01-057. 

(iii) Existing Air Pollution Control Permit to Construct and Operate 

The Facility currently operates under the confines of a Permit to Construct 

issued on April 21, 2008 (#AOP-07-020). The conditions within that existing 

permit are considered applicable requirements pursuant to §5-1002 of the 
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Regulations. The requirements of that permit which are not being modified 

herein are incorporated into this new combined Permit to Construct and 

Operate (#AOP-07-020a). 

(iv) Federal Requirements: 

Applicable Requirements from 

Federal Regulations and the Clean Air Act 

40 CFR Part 60, New Source Performance Standards, Subpart A - General Provisions. 

40 CFR Part 60, Subpart Da - Standards of Performance for Electric Utility Steam 

Generating Units: §60.42a Standards for particulate matter; §60.43a Standards for sulfur 

dioxide; §60.44a Standards for nitrogen oxides; §60.47a Emission Monitoring; §60.49a 

Reporting requirements. Applicable to all units of 250 MMBTU per hour or greater for 

which Construction is Commenced after September 18, 1978 

Clean Air Act §§114(a)(3), 502(b), and 504(a)-(c); 40 CFR Part 70 §§70.6(a)(3)(i)(B) and 

70.6(c)(1); and 40 CFR Part 64 - Compliance Assurance Monitoring. Upon renewal of a 

Title V Permit to Operate, a facility must comply with enhanced monitoring and compliance 

assurance monitoring requirements for any emission controlled unit subject to an emission 

standard with uncontrolled emissions from the unit in excess of the Title V major source 

thresholds. 

40 CFR Parts 72, 73, 75, 76, 77, 78, Acid Rain Program 

(b) Non-Applicable Requirements 

Pursuant to §5-1015(a)(11) of the Regulations, an owner or operator of a Facility 

may request a permit shield from specific state or federally enforceable regulations 

and standards which are not applicable to the source. The Agency is hereby 

granting the following permit shield. 

Non-Applicable Requirements for which a Permit Shield is Granted 

Section 5-261 of the Regulations– Control of Hazardous Air Contaminants. The wood boiler (solid 

fuel burning equipment constructed prior to January 1, 1993) and all fuel burning equipment which 

combusts virgin liquid or gaseous fuel are exempt from this regulation per 5-261(1)(b)(2). Future 

physical modifications to the wood boiler that increase the rate of emissions from the boiler may be 

subject to Section 5-261. 

Note that the emissions of ammonia from the operation of the NOX SCR system are not exempt from 

§5-261 of the Regulations. 

(c) Enforceability 

This section delineates which permit conditions are federally enforceable and which 

conditions are state only enforceable. All federal enforceable conditions are subject 

to federal citizen suit provisions. 
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Condition (11)(g) is enforceable by the state authorities only. With the exception of 

Condition (11)(g) all conditions of this Permit are enforceable by both state and 

federal authorities. 

(d) Compliance Certification 

The Permittee is required by this Permit to certify compliance as part of its annual 

registration with the Agency pursuant to the requirements of Subchapter X of the 

Regulations. Additionally, this Permit requires the submission of semi-annaul 

reports of monitoring records used to demonstrate compliance with the limitations 

contained in this Permit. 

(G) HAZARDOUS MOST STRINGENT EMISSION RATE 

Pursuant to §5-261 of the Regulations, any stationary source whose current or proposed 

actual emission rate of a hazardous air contaminant (“HAC”) is equal to or greater than the 

respective Action Level (found in Appendix C of the Regulations) shall achieve the 

Hazardous Most Stringent Emission Rate ("HMSER") for the respective HAC. This permit 

was reviewed for compliance with §5-261 of the Regulations using the list of HACs and their 

respective action levels that were amended effective March 28, 2007. 

Pursuant to §5-261(1)(c)(ii) of the Regulations, all fuel burning equipment which combusts 

virgin liquid or gaseous fuel and wood boilers constructed before January 1, 1993 are 

exempt from this section. Therefore, the Main Boiler at the Facility is not subject to §5-261 

of the Regulations at this time. However the emissions of ammonia (NH3) from the SCR 

system would be subject to §5-261 

The Agency has determined that the operation of the SCR at the Facility will have regulated 

emissions of NH3 in excess of its Action Level. The Agency has determined HMSER to be 

an emission limit of 20 ppmvd at 6% O2. This HMSER evaluation shall be subject to reevaluation five (5) years from the date of its determination and shall remain in effect until 

revised by the Agency. This and prior HMSER determinations for this Facility are presented 

below. 

Hazardous Most Stringent Emission Rate Determinations 

Date of Determination/Permit # Pollutant Description/Emission limit 

April 21, 2008 

AOP-07-020 

NH3 Emission limit of 20 ppmvd 1, corrected to 6% O2, 

based on an 8 hour rolling average. 

1

 ppmvd – parts per million by volume on a dry basis. 

(H) EQUIVALENCY DETERMINATIONS 

Where more than one standard or limit applies, the Facility will be held to the most stringent 

limit. The following tables summarize various regulatory requirements and their respective 

emission standard or limit that applies to this Facility: the most stringent limits have been 

noted. 
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Visible Emission Standards: 

Most 

Stringent Regulatory Authority Standard or Limit 

40 CFR Part 60 

Subpart Da §60.42a(b) 

20% or less opacity except for one 6 minute period in any 

hour where emissions may not exceed 27% opacity. Does 

not apply to startup, shutdown and malfunction. 

X §5-211(2) and (3) of the 

Regulations

20% opacity for periods aggregating to more than 6 

minutes in any hour. Exception for wood burning start up 

and soot blowing, but never to exceed 80% opacity. 

Particulate Matter Emission Standards: 

Main Boiler: Wood Combustion 

Most 

Stringent Regulatory Authority Standard or Limit 

40 CFR Part 60 Subpart Da §60.42a(a) 0.03 lb/MMBtu 

§5-231(3)(b)(iii) of the Regulations 0.10 gr/dscf 

(corrected to 12% CO2) 

X MSER: AP-89-010, September 15, 1989 

0.007 gr/dscf 

(corrected to 12% CO2) 

equivalent to 0.02 lb/MMBtu 

 

 Main Boiler: Oil Combustion 

Most 

Stringent Regulatory Authority Standard or Limit 

40 CFR Part 60 Subpart Da §60.42a(a) 0.03 lb/MMBtu 

§5-231(3)(a)(ii) of the Regulations 0.11 gr/dscf * 

X MSER: AP-89-010, September 15, 1989 

0.007 gr/dscf 

(corrected to 12% CO2) 

equivalent to 0.02 lb/MMBtu 

 

 Main Boiler: Natural Gas Combustion 

Most 

Stringent Regulatory Authority Standard or Limit 

40 CFR Part 60 Subpart Da §60.42a(a) 0.03 lb/MMBtu 

§5-231(3)(a)(iii) of the Regulations 0.10 gr/dscf 

(corrected to 12% CO2) 

X MSER: AP-89-010, September 15, 1989 

0.007 gr/dscf 

(corrected to 12% CO2) 

equivalent to 0.02 lb/MMBtu 
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Sulfur Dioxide Emissions:

 Wood, Oil or Natural Gas Combustion: Main Boiler 

Most 

Stringent Regulatory Authority Standard or Limit 

40 CFR Part 60 Subpart Da §60.42a(d) 1.2 lb/MMBtu 

§5-252 of the Regulations 0.8 lbs/MMBtu 

X MSER: AP-89-010, September 15, 1989 

Wood: 0.0083 lbs/MMBtu 

Oil: 0.30 lbs/MMBtu 

Natural Gas: 0.0006 lb/MMBtu 

Nitrogen Oxide Emissions:

 Wood Combustion: Main Boiler 

Most 

Stringent Regulatory Authority Standard or Limit 

40 CFR Part 60 Subpart Da §60.44a(a) 0.60 lb/MMBtu 

MSER: AP-89-010, September 15, 1989 0.249 lb/MMBtu 

X RACT §1010 of the Regulations 0.075 - 0.23 lb/MMBtu 

 Oil Combustion: Main Boiler 

Most 

Stringent Regulatory Authority Standard or Limit 

40 CFR Part 60 Subpart Da §60.44a(a) 0.30 lb/MMBtu 

§5-251(1)(b) of the Regulations 0.30 lb/MMBtu 

MSER: AP-89-010, September 15, 1989 0.30 lb/MMBtu 

X RACT §1010 of the Regulations 0.075 - 0.23 lb/MMBtu 

 Natural Gas Combustion: Main Boiler 

Most 

Stringent Regulatory Authority Standard or Limit 

40 CFR Part 60 Subpart Da §60.44a(a) 0.20 lb/MMBtu 

§5-251(1)(a) of the Regulations 0.20 lb/MMBtu 

X MSER: AP-89-010, September 15, 1989 0.13 lb/MMBtu 
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Based on the Agency's review of the Facility’s application and the above Findings of Fact, the 

Agency concludes that the Facility, subject to the following Permit conditions, complies with all 

applicable state and federal air pollution control laws and regulations or is subject to an acceptable 

schedule of compliance. Therefore, pursuant to 10 VSA §§556 and 556a, as amended, the Agency 

hereby issues a Permit approving the Facility, as described in the above Findings of Fact, subject to 

the following: 

PERMIT CONDITIONS

- Construction and Equipment Specifications - 

(1) The Permittee shall construct and operate the Facility in accordance with the plans and 

specifications submitted to the Agency and in accordance with the conditions set forth 

herein, including the equipment specifications as listed in Findings of Fact (A) or their 

equivalent as approved by the Agency. [10 V.S.A. §§556(c) and 556a(d)] [§5-501(1) of the Regulations]

(2) The Main Boiler shall be equipped with mechanical collectors in series with an electrostatic 

precipitator ("ESP") and flue gas recirculation system, each of the make and specifications 

submitted by the Permittee in its application entitled "Air Pollution Operating Permit 

Application" and dated 13 December 1995. Further, the mechanical collectors and 

electrostatic precipitator shall be maintained in good working order and operated whenever 

wood is being combusted, and the flue gas recirculation system shall be maintained in good 

working order and used as needed during main boiler operation on natural gas to maintain 

NOX emissions below current permit limits. [10 V.S.A. §556(c) and 1/22/92 AOD] 

(3) Distillate Oil/Natural Gas Burners 

(a) The Permittee shall install and operate only three (3) Forney PAF low-NOx burners, 

or equivalent, capable of firing both natural gas and oil in the Main Boiler. These 

burners shall be equipped with nozzles having a maximum capacity of firing distillate 

oil at a rate of nine gallons per minute each. [10 V.S.A. §556(c)]

(b) Modification by the Permittee of the three (3) natural gas only fired Forney PAF lowNOx burners to allow combustion of distillate oil shall be permitted only if the 

Permittee receives prior written approval from the Agency for said modification. [10 

V.S.A. §556(c)]

(4) Auxiliary Boiler and Waste Oil Heater 

(a) The Auxiliary Boiler shall have a maximum rated heat input of four (4) MMBTU/hr or 

less and shall operate on distillate oil or natural gas fuel. [10 V.S.A. §556(c)]

(b) The Waste Oil Furnace shall have a maximum rated heat input of 0.28 MMBTU/hr or 

less and shall burn only distillate oil or waste oil which complies with the properties 

and constituent limitations identified in Table A of §5-221(2) of the Regulations, as 

amended. The Permittee shall comply with all necessary requirements for handling, 

storage, and disposal of waste oil specified in the Vermont Hazardous Waste 

Management Regulations. [10 V.S.A. §556(c) and §5-221(2) of the Regulations]
(5)

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 Stack heights: The exhaust gases from the Main Boiler shall be vented vertically through a 

stack which extends a minimum of two hundred fifty seven (257) feet above the stack base 

grade elevation. The stack shall not be equipped with any device that may obstruct the 

upward discharge of the exhaust gases such as a fixed raincap. [10 V.S.A. §§556(c) and 556a(d)] 

[§5-406 of the Regulations] 

-Operational Limitations -

(6) The distillate fuel oil combusted in the Main Boiler shall not exceed a maximum sulfur 

content of 0.3 percent by weight. [10 V.S.A. §556(c)] and §5-502(3)(a)(i) of the Regulations]

(7) Wood Fuels: 

(a) The Permittee shall use as solid fuel for the McNeil Station only wood fuel 

uncontaminated by preservatives, oils, herbicides, or similar foreign substances. 

Use by the Permittee of any other type of wood such as railroad ties, shall be 

allowed only if the Permittee receives prior written approval from the Agency. 

(b) In order for the Permittee to obtain written approval for long term use (i.e., one (1) 

year or longer in duration) of wood fuel containing materials prohibited above, the 

Permittee shall submit an application and seek approval through an amendment of 

this Permit consistent with the requirements of Subchapters V and X of the 

Regulations. Upon application by the Permittee and at the discretion of the 

Secretary of the Agency, the Agency may grant written approval to the Permittee for 

short-term use of such fuel without a permit amendment. 

(c) Chip Management Plan: The Permittee shall manage the wood chips in accordance 

with the “Wood Procurement and Storage Plan”, including exhibits A through D, 

enclosed with a letter from Robert Fletcher, Esq., dated March 25, 1986 and any 

later amendments to the plan. 

[10 V.S.A. §556(c)]

(8) Engines: The Permittee shall not install or operate a stationary reciprocating internal 

combustion engine, as defined in the Regulations, that is 450 bhp or greater unless the 

engine complies with §5-271 of the Regulations, as applicable. Installation of any size 

engine, even those below 450 bhp, may still require approval from the Agency in the form of 

an amended permit prior to installation. [§§5-271 and 5-501 of the Regulations]

(9) Open Burning: When not prohibited by local ordinances or officials having jurisdiction, the 

following types of burning are permissible, provided no public or private nuisance is created: 

(a) Bona fide fire training that follows the requirements of §5-202(3) of the Regulations.

(b) Burning of highly explosive or other dangerous materials in accordance with §5-

202(7)(a) of the Regulations. 
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(c) Prior to conducting any open burning, the Permittee or its agents shall notify the Air 

Pollution Control Officer and shall obtain approval from the Air Pollution Control 

Officer to conduct open burning at the Facility, if required [§5-202 of the Regulations]

- Emission Limitations - 

(10) Particulate Matter 

(a) When firing any fuel or combination of fuels and under any operating load, the 

Permittee shall not cause to be emitted from the Main Boiler any gases that contain 

particulate matter ("PM/PM10") in excess of 0.007 grains per dry standard cubic foot 

of exhaust gas corrected to twelve percent carbon dioxide ("gr/dscf @ 12% CO2") 

and 9.7 pounds per hour ("lbs/hr"). [10 V.S.A. §556(c) and §5-502(3)(a)(i) of the Regulations] 

(b) PM/PM10 emissions from the Auxiliary Boiler and Waste Oil Burner shall each not 

exceed 0.5 lbs/MMBTU of heat input. [§5-231(3)(a)(i) of the Regulations] 

(c) Any testing performed to demonstrate compliance with the above PM/PM10 

emission limits shall be determined by using Federal Reference Method 5 [Title 40, 

Code of Federal Regulations ("40 CFR") Part 60, Appendix A]. The sampling time 

for each test run on the Main Boiler shall be at least 120 minutes and the minimum 

sampling volume shall be sixty (60) dry standard cubic feet. 

[10 V.S.A. §556(c) and 40 CFR Part 60 Subpart Da §60.48a] 

(d) The Permittee shall record the on/off status of the Main Boiler's ESP 

transformers/rectifiers ("T/R") at all times. The Permittee shall inspect the ESP T/R 

primary and secondary voltage and current reading at least once each operating 

day. The Permittee shall record the ESP T/R primary and secondary voltage and 

current readings at least once each calendar month during which the unit was 

operated. The monthly ESP T/R meter readings shall be submitted to the Agency 

for each calendar quarter within thirty (30) days after the close of each quarter. A 

record of monthly ESP T/R meter readings shall be kept electronically for at least 

five (5) years. [§5-1015(a)(3) of the Regulations and 40 CFR Part 70 §70.6(a)(3)]

(11) Nitrogen Oxides 

(a) The NOX emission rate attributable to wood fuel fired in the Main Boiler shall not 

exceed 0.23 lb/MMBtu of heat input and 145 lb/hr; 

(b) The NOX emission rate attributable to distillate fuel oil fired in the Main Boiler shall 

not exceed 0.23 lbs/MMBTU and 57.5 lbs/hr; 

(c) The NOX emission rate attributable to natural gas fired in the Main Boiler shall not 

exceed 0.13 lbs/MMBTU and 88 lbs/hr; 
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(d) When natural gas is fired simultaneously with any other fuel in the Main Boiler, the 

applicable NOX standard shall be determined by proration using the following 

formula: 

 ENOx = (0.13w + Ax)/100 

where: 

• ENOx = the NOx emission standard, in units of lbs/MMBTU, when 

multiple fuels are combusted simultaneously; 

• w = the percentage of total heat input derived from natural gas; 

• x = the percentage of total heat input derived from distillate 

fuel oil, wood and biomass gas; and 

 At no time shall the NOx emission rate exceed 145 lbs/hr. The term 

"combusted simultaneously" as it applies to the above proration formula 

shall mean any calendar hour during which natural gas and any other fuel 

are actually fired coincident with each other for forty-five (45) minutes or 

more. The standard for any hours with some co-firing of fuels but less than 

forty-five (45) minutes of actual coincident firing shall have allowable 

emission rates of 0.23 lb/MMBtu and 145 lbs/hr. 

(e) Compliance with the above NOX emission limits shall be determined by means of 

continuous emission monitoring as required in this Permit on the basis of 

continuously rolling eight-hour average values during actual operating hours when 

burning each respective fuel (or combination). At the Secretary's discretion, 

compliance shall, in the alternative, be determined by using Federal Reference 

Method 7E (40 CFR Part 60, Appendix A).[10 V.S.A. §556(c) and §5-502(3)(a)(i) of the Regulations]

(f) In the event that CEM data demonstrates that NOx emissions exceed 0.21 lb/MMBtu 

on the basis of continuously rolling eight-hour average values during actual 

operating hours, the Permittee shall take all reasonable measures to reduce and 

maintain its emissions of NOx to the greatest extent practicable below 0.21 

lb/MMBtu. The Permittee shall report to the Secretary those measures implemented 

and the degree of improvement derived from them. Such report shall be submitted 

with quarterly CEM reports and shall include the eight hour average emission rate, 

the actual hourly data during the period, the gross load (MW) and percent capacity. 

[§5-1010 of the Regulations] 

(g) The NOX emission rate from the Main Boiler, when burning any fuel, shall not 

exceed 0.075 lb/MMBtu, based on a calendar quarterly average. Compliance with 

this NOX emission limit shall be determined by means of continuous emission 

monitoring as required in this permit. The Permittee shall comply with the quarterly 

emission limit starting with the first calendar quarter following 150 days from the 

initial operation of the main boiler with the RSCR system.

Notwithstanding the foregoing, if the Permittee is ordered-to-operate by ISO New 

England or VELCO as part of a regional capacity or reliability event during a time 

when the NOX SCR system is not operational due to reasons beyond the reasonable 
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control of the Permittee, such periods and resulting NOX emissions may be excluded 

from the calculation of the calendar quarter average. At the completion of each 

calendar quarter NOX compliance period, the Permittee shall provide for each 

ordered-to-operate event that is proposed to be excluded from the calendar quarter 

NOX average, a signed affidavit by an authorized representative of Permittee 

averring that it was ordered to operate as part of a regional capacity or reliability 

event and the Permittee's claim or basis for why proper operation of the SCR 

system was beyond its reasonable control. 

 [§5-1010 of the Regulations][Enforceable by State Only]

(h) The NOx emission rate from the Main Boiler when burning any fuels shall not exceed 

493 tons for any rolling 12 month period. Compliance with this standard shall be 

determined by means of hourly continuous emission monitoring as required in this 

Permit. [Permit AOP-01-057]

(12) Carbon Monoxide 

(a) The CO emission rate shall not exceed 1500 parts per million, determined on a 

volume basis and a one-hour averaging time, at the outlet of the Main Boiler when 

combusting wood, either alone or in combination with another fuel. 

(b) The Main Boiler shall be equipped with a CO monitor, located at the outlet of the 

boiler, in order to assist in the operation of the fuel burning equipment to minimize 

the formation of CO. The specifications and operational characteristics of the CO 

monitor shall be approved by the Agency prior to installation. The CO monitor shall 

not be considered as part of the CEMS, but quality assurance procedures for this 

monitor shall be contained in the QA Plan required in of this Permit. Also, the 

quarterly reports required in this Permit shall include CO emission data collected 

and recorded in said quarter, as well as a summary of the frequency distribution of 

all data collected. The CO monitor shall be used to satisfy the periodic monitoring 

requirements of §5-1015(a)(3) of the Regulations and 40 CFR Part 70 

§70.6(a)(3)(i)(B). [10 V.S.A. §556(c) and §5-502(3)(a)(i) of the Regulations] 

(13) Sulfur Dioxide 

(a) The SO2 emission rate attributable to distillate fuel oil fired in the Main Boiler shall 

not exceed 0.3 lbs/MMBtu and 75 lbs/hr. [10 V.S.A. §556(c) and §5-502(3)(a)(i) of the Regulations]

(b) At no time shall the SO2 emission rate from the Main Boiler exceed 100 lbs/hr. [10 

V.S.A. §556(c) and §5-502(3)(a)(i) of the Regulations] 

(c) Compliance with the above SO2 emission limits shall be determined based on the 

sulfur content of the fuel. At the Secretary’s discretion, compliance with the above 

standards shall be determined by using Federal Reference Method 6C (40 CFR Part 

60, Appendix A). [10 V.S.A. §556(c)]

(d) The SO2 emissions from the Main Boiler shall not exceed 39 tons per rolling twelve 

month period. Compliance with the annual limit shall be determined by Equation F-
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23 of 40 CFR Part 75, Appendix F, Section 7 using the calculated Custom Default 

Sulfur Dioxide Emission Rate (E) from the following equation. However, the Agency 

may require an alternative method of compliance determination (such as the use of 

a sulfur dioxide continuous emission monitor) in response to changes in the amount 

of distillate fuel oil combusted in the Main Boiler. 

 3 

E = ∑Ei/3 

 i=1 

Ei = (%tig&w)(0.0006 lb/MMBtu) + (%tioil)(Eioil) 

Eioil= (20000)(%Si)/GCVi

 Where: 

 E =Custom default sulfur dioxide emission rate, lb/MMBtu 

 Ei = Sulfur Dioxide emission rate for year i, lb/MMBtu 

 i = Each year in the three year period immediately preceding the year for 

which E is being calculated 

 Eoil = Sulfur dioxide emission rate of oil delivered in year i, lb/MMBtu 

 %tig&w = Percent of total operating hours when gas or wood is combusted in year i. 

 %toil = Percent of total operating hours when oil is combusted in year i. 

 %Si = Annual average percent sulfur, by weight, of oil delivered in year i. 

 GCVi = Annual average gross calorific value of oil delivered in year i, Btu/lb. [10 V.S.A. §556(c)]

 

(14) Ammonia (NH3) 

(a) Emissions of ammonia from the Main Boiler shall not exceed 20 parts per million by 

volume on a dry basis (ppmvd) corrected to 6% oxygen whenever the NOX SCR 

system is operating. 

(b) Ammonia shall only be added to the exhaust gas in conjunction with the proper 

operation of the SCR system. 

(c) Compliance with the above ammonia emission limits shall be determined by means 

of continuous emission monitoring as required in this Permit on the basis of 

continuously rolling eight-hour average values during actual operating hours. 

[10 V.S.A. §556(c) and §5-261(2)] 

(15) Visible Emissions: Emissions of visible air contaminants from stacks and vents at the 

Facility, except where otherwise noted in this Permit, shall not exceed twenty (20) percent 

opacity for more than a period or periods aggregating six (6) minutes in any hour and at no 

time shall visible emissions exceed sixty (60) percent opacity. For wood fuel burning 

equipment, the exceptions as provided in paragraphs (a) and (b) of this condition shall 

apply. 

 

(a) During normal startup operations of the wood fuel burning equipment, emissions of 

visible air contaminants in excess of the limits specified above may be allowed for a 

period not to exceed one (1) hour; however, at no time shall such emissions exceed 

eighty (80) percent opacity. 
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(b) During normal soot blowing operations of the wood fuel burning equipment, 

emissions of visible air contaminants in excess of the limits specified above may be 

allowed for a period not to exceed thirty (30) minutes during any twenty-four (24) 

hour period; however, at no time shall such emissions exceed eighty (80) percent 

opacity. 

Compliance with the above visible emission standards for the Main Boiler shall be 

determined by means of continuous emission monitoring. For all other installations and 

operations at the Facility, any emission testing conducted to demonstrate compliance with 

the above emission limits shall be performed in accordance with the proposed Federal 

Reference Method F-1 contained in the Federal Register Vol.51, No.168, pp. 31076-31081, 

August 29, 1986 or an equivalent method approved in writing by the Agency. [§§5-211(2), 5-

211(3) and 5-404 of the Regulations] 

(16) Hazardous Air Pollutants: Emission of federally regulated hazardous air pollutants (HAPs) 

from the Facility shall not equal or exceed ten (10) tons per year of any single HAP or 

twenty-five (25) tons per year of all HAPs combined per year based on any rolling twelve 

(12) consecutive calendar month period. [40 CFR Part 63]

(17) Hazardous Air Contaminants: Emissions of state hazardous air contaminants (HACs) 

from the applicable operations at the Facility shall not equal or exceed their respective 

Action Level (found in Appendix C of the Regulations) unless the Agency has reviewed 

and approved such HAC emission under §5-261(3) of the Regulations. [§5-261 of the 

Regulations] 

(18) Fugitive Particulate Matter Control 

The Permittee shall take reasonable precautions to prevent emissions of fugitive particulate 

matter, including, but not limited to, the following measures: 

(a) The railcar unloading enclosure, including curtains and windscreens, shall be 

properly maintained. All woodchip rail car unloading shall occur within this 

enclosure. 

(b) All roads, traffic areas, and storage piles on the premises shall be maintained and 

treated as necessary to control fugitive dust, and all trucks which may be sources of 

fugitive dust shall be covered or treated as necessary. 

(c) Techniques such as, but not limited to, enclosing or spraying with surfactant shall be 

employed by the Permittee to prevent particulate matter from becoming airborne 

from the handling and transportation of ash. 

[10 V.S.A. §556(c) and §5-231(4) of the Regulations] 
(19)

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 Nuisance and Odor: The Permittee shall not discharge, cause, suffer, allow, or permit from 

any source whatsoever such quantities of air contaminants or other material which will 

cause injury, detriment, nuisance or annoyance to any considerable number of people or to 

the public or which endangers the comfort, repose, health or safety of any such persons or 

the public or which causes or has a natural tendency to cause injury or damage to business 

or property. The Permittee shall not discharge, cause, suffer, allow, or permit any 

emissions of objectionable odors beyond the property line of the premises. [§5-241(1) and (2) of 

the Regulations]

- Compliance Testing and Monitoring - 

(20) Particulate Matter Compliance Testing: 

(a) Continued compliance with the particulate matter emission standards specified in 

condition (10) of this Permit shall be determined by biennial emissions testing, to be 

conducted beginning in 2010 and every other year thereafter. The Permittee shall 

conduct such testing and furnish the Agency with a written report of the results of 

such testing within 60 days of the test date. 

(b) At least thirty (30) days prior to performing the emission testing required above, the 

Permittee shall submit to the Agency a pretest report prepared in accordance with 

the Agency's "Source Emission Testing Guidelines". The pretest report shall include 

plans for testing at a variety of operating conditions as required by paragraph (b) 

above. The testing shall be performed in accordance with a pretest report that has 

received prior approval from the Agency. 

[§§5-402(1), 5-404(1) and 5-405(1) of the Regulations] 

- Continuous Assurance Monitoring -

(21) Compliance Assurance Monitoring (CAM) 

(a) The Permittee shall install, operate and maintain a continuous opacity monitoring 

system as specified in Condition (22) of this Permit to measure and permanently 

record visible emissions, as % opacity, discharged to the atmosphere from the Main 

Boiler exhaust. In addition, the Permittee shall automatically record electronically the 

on/off status of the 18 fields of the electrostatic precipitator (ESP) using the onsite 

control system and visually determine the ESP operating status once per operating 

shift by observing the appropriate gauges. 

(b) During periods of ESP operation, 1-hour average % opacity data shall be recorded 

electronically by the COMS. At a minimum, the COMS shall record a measurement 

at least every 10 seconds. Six, 10-second readings shall be used to calculate 1-

minute averages. Valid 1-hour % opacity averages shall consist of a minimum of 45 

valid 1-minute % opacity averages recorded during each clock hour. 

(c) An excursion is defined as a valid 1-hour % opacity average greater than 7 % 

opacity (i.e., the “indicator range”). [40 CFR Part 64.6 (c)] 
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(d) If the Permittee maintains the 1-hour % opacity averages at or below 7 % opacity 

during ESP operation, this will provide a reasonable assurance that the facility is 

operating in compliance with the particulate matter emission limits in the Permit, and 

no reporting or corrective action is necessary. Once an excursion is measured as 

defined in (c) of this condition, the Permittee shall immediately record the present 

voltage and current readings from the ESP (using local gauges; consistent with 

permit Condition (10)(d)) and continue recording the ESP voltage and current 

readings once during each 12-hour operating shift as long as the excursion 

continues. During excursion periods, the Permittee shall also verify and document 

the on/off field status using automated electronic records and shall perform 

appropriate and timely corrective action to reduce emissions and return operations 

to a point that results in 1-hour % opacity averages below the indicator range. 

(e) The Permittee shall record valid 1-hour % opacity averages for at least 90% of the 

ESP operating hours, based on a calendar quarter. 

(f) If the indicator range is determined to be inadequate to reasonably assure 

compliance with Condition (10), the Permittee shall propose a permit modification to 

the Agency requesting the re-establishment of the indicator range value. Any 

changes to the indicator range shall take effect only upon written approval by the 

Agency. 

(g) The Permittee shall submit a summary report for each calendar quarter, within thirty 

(30) days after the close of the quarter, in a format acceptable to the Agency. The 

summary shall contain information on the number, duration, value (% opacity) and 

cause (including unknown cause, if applicable) of excursions (as defined in (c) of 

this condition) and any corrective actions taken. In addition, the on/off field status 

and ESP voltage and current readings shall be provided for each reported 

excursion. If there are no excursions to report, then “none” or an equivalent 

statement shall be indicated. The report shall include a summary of the invalid 1-

hour COMS averages with duration, cause and corrective action and the valid % 

data capture value. 

(h) The Permittee shall maintain all COMS records consistent with Permit Condition 

(22). Other records used to comply with this Condition shall be stored for a minimum 

of five (5) years in a format suitable for inspection. 

(i) Nothing in this Condition shall restrict or abrogate the authority of the Agency or 

USEPA to take any enforcement action for any violation of an applicable 

requirement or of any person to take action under section 304 of the Clean Air Act 

(42 U.S.C. 7401, et seq., as amended). 

[40 CFR Part 64]
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- Continuous Emissions Monitoring - 

(22) The Permittee shall install a continuous emission monitoring system (CEMS) and 

continuous opacity monitoring system (COMS) approved by the Agency, to measure and 

permanently record, NOx ppm, lb/MMBtu, lb/hr, NH3 ppmvd emissions, O2 or CO2 content, 

stack gas volumetric flow rate and visible emissions discharged to the atmosphere from the 

Main Boiler exhaust. The Permittee shall operate and maintain such system in good working 

order, within manufacturer’s specifications and as specified below: 

(a) Except for NH3, the CEMS and COMS shall be designed, installed, calibrated, 

maintained and operated in such a manner as to meet the requirements of 40 CFR 

Part 60, Standards of Performance for New Stationary Sources, Subparts A, and 

Da, 40 CFR Part 60, Appendix B, Performance Specification 1, 2, 3 and 6, 40 CFR 

Part 60, Appendix F-Quality Assurance Procedures, and latest revision of the 

Agency’s Continuous Emission Monitoring Requirements (“CEM Requirements”). 

(b) The NH3 CEMS shall be designed, installed, calibrated, maintained, operated and 

audited in such a manner as to meet the requirements of 40 CFR Part 60, Appendix 

F-Procedure 1. Quality Assurance Requirements for Gas Continuous Emission 

Monitoring Systems Used For Compliance Determination and the latest revision of 

the Agency’s CEM Requirements. Ninety (90) days following the issuance of the 

permit, the Permittee shall file with the Agency a CEM Plan consistent with the 

Agency’s CEM Requirements, identifying how this condition will be satisfied. By 

March 31, 2009, the NH3 CEMS shall be operational and conditionally certified. 

Conditional certification requires the successful completion of a 7-day Calibration 

Drift Test and Cylinder Gas Audit consistent with the requirements above. Final 

certification will require the successful completion of a Relative Accuracy Test Audit 

(RATA) consistent with the requirements above during the next regularly scheduled 

RATA for the Permittee’s other CEMS. Proposed amendments to the QA Plan, 

condition (d) below, associated with the NH3 CEMS must be submitted to Agency by 

March 31, 2009 

(c) The CEMS and COMS shall be operated, calibrated and maintained continuously, 

independent of the Main Boiler’s operation. The Permittee must measure and 

record valid continuous emission data for the parameters listed in this condition 

during all periods of the Main Boiler’s operation including periods of boiler startup, 

shutdown, malfunction or emergency conditions, except for periods of CEMS and 

COMS quality assurance/quality control (“QA/QC”) identified in the approved Quality 

Assurance Plan, routine maintenance, or uncontrolled malfunction. Nevertheless, 

the Permittee must obtain valid data for all CEMS parameters listed in this condition 

and COMS for a minimum of 90% of the Main Boiler’s operating hours, based on the 

calendar quarter. 

(d) The Permittee shall develop a Quality Assurance Plan (“QA Plan”) for the above 

CEMS and COMS that is acceptable to the Agency. Said QA Plan shall satisfactorily 

document instrumentation, monitoring procedures, calibration procedures, QA/QC 

procedures, data acquisition and reporting procedures as required to demonstrate 
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compliance with this Permit. The Permittee shall formally review the QA Plan 

annually. The Permittee shall revise and update the QA Plan as necessary, based 

on the results of this review, or at the request of the Agency or at any other 

appropriate time to accurately document CEMS and COMS operations. The 

Permittee shall notify the Agency in writing of the results of the annual QA Plan 

review. QA Plan modifications are subject to Agency review and shall not be 

implemented until approval has been received from the Agency. 

(e) The Permittee shall submit a summary report for each calendar quarter, within thirty 

(30) days after the close of the quarter, in a format acceptable to the Agency and in 

accordance with the Agency’s CEM Requirements and the Permittee’s approved QA 

Plan. The report shall include at a minimum, all valid NOx lb/MMBtu, NOx lb/hr, NH3

ppmvd (corrected to 6% O2) and visible emissions data in excess of the emissions 

standards specified in this Permit, as well as a frequency distribution summary of all 

valid NOx lb/MMBtu, NOx lb/hr, NH3 ppmvd (corrected to 6% O2) data collected, a 

summary of valid CEMS and COMS data capture, periods of CEMS and COMS 

downtime, CEMS and COMS invalid data, CEMS and COMS calibration and QA/QC 

results. 

(f) Continuing compliance with the NOx lb/MMBtu, NOx lb/hr, NH3 ppmvd (corrected to 

6% O2) and visible emission standards specified in this Permit shall be determined 

by means of a CEMS and COMS as required by this Condition. 

(g) The CEMS NOx data shall be recorded and reported in units of lb/MMBtu (of heat 

input) and lb/hour (both as NO2 and in terms of 8-hour rolling averages, calculated 

on an hourly basis). The CEM NOX data shall also be recorded and reported in units 

of lb/MMBtu on a calendar quarter based on an average of the valid CEMS 1-hour 

data. NH3 data shall be recorded and reported in units of ppmvd (corrected to 6% 

O2) in terms of 8-hour rolling averages, calculated on an hourly basis. Valid CEMS 

8-hour rolling averages during source operation must be calculated from valid 

CEMS 1-hour sub-average data representing at least 75% of the particular 

averaging period. 

(h) The COMS shall measure and record visible emissions at least every 10-seconds. 

COMS data shall be reported in whole numbers in units of % Opacity in terms of 1-

minute averages. Valid COMS 1-minute averages during source operation must be 

calculated from at least 6 valid 10-second measurements. One (1)-minute averages 

shall be used for determining compliance with the twenty (20) % opacity aggregated 

six (6) minute standard and two (2) minute rolling averages (calculated using 1-

minute averages) shall be used for determining compliance with the sixty (60) % 

opacity and eighty (80) % opacity standards. 

(i) The Permittee shall maintain a file of all information reported in the quarterly 

summaries and all other supporting information and data collected by the monitoring 

system for at least five (5) years from the date of collection of such data or 

submission of such summaries. 

[§§5-405, 5-1015(a)(3)-(5) of the Regulations]
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- Record Keeping and Reporting - 

(23) The Permittee shall maintain records of the following data: 

(a) the quantity of wood fuel fired during each calendar month; 

(b) the quantity of natural gas fired during each calendar month; 

(c) the quantity of distillate fuel oil fired during each calendar month; 

(d) sulfur content of fuel oil delivered to the Facility. 

Summaries of such records shall be submitted to the Agency for each calendar quarter 

within thirty (30) days after the close of each quarter. [10 V.S.A. §556(c) and §5-1015(a)(3) of the 

Regulations] [AOP-01-057]

(24) Records of Fuel Oil Certifications: The Permittee shall obtain from the fuel supplier or 

independent certified laboratory, for each shipment of fuel oil received at the Facility, a 

certification or invoice regarding the sulfur content of the fuel oil. The certification or invoice 

shall include the name of the fuel oil supplier, date of delivery, fuel type, quantity of fuel oil 

delivered, and a statement as to the sulfur content of the fuel oil in percent sulfur by weight. 

[10 V.S.A. §§556(c) and 556a(d)] [§5-405(1) of the Regulations

(25) Records of all required compliance testing shall include the following: 

(a) the date, place, and time of sampling or measurements; 

(b) the date analyses were performed; 

(c) the company or entity that performed the analyses; 

(d) the analytical techniques or methods used; 

(e) the results of all such analyses; and 

(f) the operating conditions existing at the time of sampling or measurement. 

[§§5-402(1), 5-405(1) and 5-1015(5) of the Regulations][AOP-01-057] 

(26) The Permittee shall maintain records of the occurrence and duration of any startup, 

shutdown, or malfunction in the operation of the Main Boiler; any malfunction of the air 

pollution control equipment; or any periods during which a continuous monitoring system or 

monitoring device is inoperative. [40 CFR Part 60 Subpart A §60.7(b)][AOP-01-057]

(27) (a) The Permittee shall notify the Agency in writing within ten (10) days of the 

occurrence of any of the violations listed below, of which it is aware. This notification shall 

include, at a minimum, the cause of the violation and any corrective action taken or 

maintenance performed to correct the violation. 

(i) Emissions of CO and NOx and NH3 in excess of any applicable limit in this 

Permit which meet any of the following additional criteria: 

(A) The emissions occurred during a period of malfunction or during 

abnormal operating conditions; and 

(B) The emissions were greater than 150% of the applicable eight (8) 

hour NOx and NH3 limit; or 

(C) The emissions were greater than 200% of the one (1) hour CO limit. 
Joseph C. McNeil Electric Generating Station #

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(ii) Emissions of visible air contaminants in excess of any applicable limit in this 

Permit. 

 (iii) Any other violation of the conditions of this Permit. 

(b) The Permittee shall notify the Agency of any violations of or deviations from the 

requirements of this Permit, of which it is aware, that are not listed in this Condition 

by including such violations or deviations in the appropriate quarterly excess 

emissions report as required by this Permit. 

[§5-1015(a)(12) of the Regulations and 40 CFR Part 70 §70.6(a)(3)(iii)(B)] 

(28) All records shall be retained for a minimum period of five (5) years from the date of record 

and shall be made available to the Agency upon request. [§§5-402(1), 5-405(1) and 5-1015(a)(7) of the 

Regulations] 

(29) The Permittee shall notify the Agency in writing of the date of initial start-up of the selective 

catalytic reduction system within fifteen (15) days after such date. [§5-402(1) of the Regulations] 

(30) The Permittee shall notify the Agency in writing of any proposed physical or operational 

change at the Facility which may increase the emission rate of any air contaminant to the 

ambient air regardless of any concurrent emission reductions that may be achieved. This 

notification requirement includes, but is not limited to, the proposed installation of any new 

equipment that is a source of air pollution, including the replacement of an existing 

permitted air pollution source. If the Agency determines that a permit amendment is 

required, a new application and the appropriate application fee shall be submitted. The 

permit amendment shall be obtained prior to commencing any such change except as may 

otherwise be allowed by the Regulations. [10 V.S.A. §556(c)] [§§5-402(1) and 5-501 of the Regulations]

(31) Annual Compliance Certification: By February 1st of each year, the Permittee shall submit 

an annual certification of compliance for the previous calendar year which ascertains and 

identifies the compliance status of the Facility with respect to all terms and conditions of this 

Permit, including but not limited to the following: 

 

(a) Identification of each term or condition of the permit that is the basis of the 

certification; 

(b) The compliance status; 

(c) Whether compliance was continuous or intermittent; and 

(d) The methods used for determining the compliance status of the Facility over the 

reporting period. 
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A copy of the compliance certification shall also be sent to the U.S. Environmental 

Protection Agency at the following address: 

Air Technical Unit 

Office of Environmental Stewardship 

U.S. Environmental Protection Agency 

1 Congress Street, Suite 110 (SEA) 

Boston, MA 02114-0203 

[§114(a)(3) of the CAA] [§§5-402(1) and 5-1015(a)(11) of the Regulations] 

(32) Annual Registration: The Permittee shall calculate the quantity of emissions of air 

contaminants from the Facility annually. If the Facility emits more than five (5) tons of any 

and all air contaminants per year, the Permittee shall register the source with the Secretary 

of the Agency (hereinafter "Secretary"), and shall renew such registration annually. Each 

day of operating a source which is subject to registration without a valid, current registration 

shall constitute a separate violation and subject the Permittee to civil penalties. The 

registration process shall follow the procedures set forth in Subchapter VIII of the 

Regulations, including the payment of the annual registration fee on or before May 15 of 

each year. [Subchapter VIII §§5-802, 5-803, 5-807, 5-808 of the Regulations] 

(33) All records, reports, and notifications that are required to be submitted to the Agency by this 

Permit shall be submitted to: 

Agency of Natural Resources 

Air Pollution Control Division 

103 South Main Street, Bldg 3 South 

Waterbury, Vermont 05671-0402. 

[§5-402(1) of the Regulations] 

- Permit Shield - 

(34) In accordance with §5-1015(a)(14) of the Regulations, the Facility is granted a "permit 

shield" and is not subject to the regulations and standards listed in Finding of Fact (F)(b) of 

this Permit. The Agency's "permit shield" determination is based upon the information 

submitted by the Permittee in its application. The "permit shield" shall be binding only with 

respect to activities disclosed in the Permittee’s application. [§5-1015(a)(14) of the Regulations] 

- Standard Permit Conditions - 

(35) Approval to construct or modify under this Permit shall become invalid if construction or 

modification is not commenced within eighteen (18) months after issuance of this Permit, if 

construction or modification is discontinued for a period of eighteen (18) months or more, or 

if construction is not substantially completed within a reasonable time. The Agency may 

extend any one of these periods upon a satisfactory showing that an extension is justified. 

The term “commence” as applied to the proposed construction or modification of a source 

means that the Permittee either has: 
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(a) Begun, or caused to begin, a continuous program of actual on-site construction or 

modification of the source, to be completed within a reasonable time; or 

(b) Entered into binding agreements or contractual obligations, which cannot be 

cancelled or modified without substantial loss to the Permittee, to undertake a 

continuous program of actual on-site construction or modification of the source to be 

completed within a reasonable time. 

[10 V.S.A. §556(c)] [§5-501 of the Regulations] 

(36) These Permit conditions may be suspended, terminated, modified, or revoked for cause and 

reissued upon the filing of a written request with the Secretary of the Agency (hereinafter 

"Secretary") or upon the Secretary's own motion. Any modification shall be granted only 

with the written approval of the Secretary. If the Secretary finds that modification is 

appropriate, only the conditions subject to modification shall be re-opened. The filing of a 

request for modification, revocation and reissuance, or termination, or of a notification of 

planned changes or anticipated non-compliance does not stay any terms or conditions of 

this Permit. The Secretary may provide opportunity for public comment on any proposed 

modification of these conditions. If public comments are solicited, the Secretary shall follow 

the procedures set forth in 10 V.S.A. §556 and §556a, as amended. [10 V.S.A. §§556(d) and 

556a(g)] [§§5-1008(a) and 5-1008(e) of the Regulations] 

(37) Cause for reopening, modification, termination and revocation of this Permit includes, but is 

not limited to: 

(a) Inclusion of additional applicable requirements pursuant to state or federal law; 

(b) A determination that the permit contains a material mistake or that inaccurate 

information was used to establish emissions standards or other terms or conditions 

of the operating permit; 

(c) A determination that the operating permit must be modified or revoked to ensure 

compliance with applicable requirements; 

(d) A determination that the subject source has failed to comply with a permit condition; 

(e) For Title V subject sources, a determination by U.S. EPA that cause exists to 

terminate, modify, revoke or reissue an operating permit; 

(f) Those causes which are stated as grounds for refusal to issue, renew or modify an 

operating permit under §5-1008(a) of the Regulations; or 

(g) If more than three (3) years remain in the permit term and the source becomes 

subject to a new applicable requirement. 

[§5-1008(e)(4) of the Regulations] 

(38) The Permittee shall furnish to the Agency, within a reasonable time, any information that the 

Agency may request in writing to determine whether cause exists to modify, revoke, reissue, 

or terminate the Permit or to determine compliance with this Permit. Upon request, the 

Permittee shall also furnish to the Agency copies of records required to be kept by this 

Permit. [10 V.S.A. §§556(c) and 556a(d)] [§5-402(1) of the Regulations] [40 CFR Part 70 §70.6(a)(6)(v)] 

(39) By acceptance of this Permit, the Permittee agrees to allow representatives of the State of 

Vermont access to the properties covered by the Permit, at reasonable times, to ascertain 
Joseph C. McNeil Electric Generating Station #

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compliance with Vermont environmental and health statutes and regulations and with this 

Permit. The Permittee also agrees to give the Agency access to review and copy any 

records required to be maintained by this Permit, and to sample or monitor at reasonable 

times to ascertain compliance with this Permit. [10 V.S.A. §§556(c), 556a(d) and 557] [ §§5-402(1), 5-404, 

and 5-1015(a)(10) of the Regulations] 

(40) All data, plans, specifications, analyses and other information submitted or caused to be 

submitted to the Agency as part of the application for this Permit or an amendment to this 

Permit shall be complete and truthful and, for Title V permit applications, certified by a 

responsible official whose designation has been approved by the Secretary. Any such 

submission which is false or misleading shall be sufficient grounds for denial or revocation 

of this Permit, and may result in a fine and/or imprisonment under the authority of Vermont 

statutes. [10 V.S.A. §§556(c) and 556a(d)] [§§5-505 and 5-1006(f) of the Regulations] 

(41) For the purpose of establishing whether or not a person has violated or is in violation of any 

condition of this Permit, nothing in this Permit shall preclude the use, including the exclusive 

use, of any credible evidence or information relevant to whether a source would have been 

in compliance with applicable requirements if the appropriate performance or compliance 

test or procedure had been performed. [10 V.S.A. §§556(c) and 556a(d)] 

(42) Any permit noncompliance could constitute a violation of the federal Clean Air Act and is 

grounds for enforcement action; for permit termination, revocation and reissuance, or 

modification; or for denial of a permit renewal application. [10 V.S.A. §§556(c) and 556a(d)] [§§5-

1008(a) and 5-1008(e) of the Regulations] 

(43) It shall not be a defense for the Permittee in an enforcement action that it would have been 

necessary to halt or reduce the permitted activity to maintain compliance with the conditions 

of this Permit. [10 V.S.A. §§556(c) and 556a(d)] 

(44) No person shall build, erect, install or use any article, machine, equipment or other 

contrivances, the use of which, without resulting in a reduction in the total release of air 

contaminants to the atmosphere, reduces or conceals an emission which otherwise would 

constitute a violation of these Regulations. [§5-403 of the Regulations] 

(45) The provisions of this Permit are severable. If any provision of this Permit, or its application 

to any person or circumstances is held invalid, illegal, or unenforceable by a court of 

competent jurisdiction, the invalidity shall not apply to any other portion of this Permit which 

can be given effect without the invalid provision or application thereof. [10 V.S.A. §§556(c) and 

556a(d)] 

(46) This Permit does not convey any property rights of any sort or any exclusive privilege, nor 

does it authorize any injury to private property or any invasion of personal rights. [10 V.S.A.

§§556(c) and 556a(d)] 

(47) All subsequent owners and/or operators of this Facility must request an amendment and 

transfer of this Permit prior to commencing any operations covered by this Permit. All 

subsequent owners and/or operators shall submit to the Agency as part of the request for 

amendment all such information the Agency deems necessary to establish legal ownership 

and/or interest in the property and all such information the Agency deems necessary to 
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ensure the new owners and/or operators will construct and operate the Facility in 

compliance with the Regulations and this Permit. The terms and conditions of this Permit 

shall remain in full force and effect after submittal of the request for amendment and until 

the issuance of an amended Permit or denial. Should the Secretary deny the request, the 

new owner and/or operator must take whatever action is necessary to comply with the 

denial. [10 V.S.A. §§556 and 556a] [§§5-501, 5-1004, and 5-1013(a) of the Regulations] 

(48) Pursuant to 10 V.S.A. Chapter 220, any appeal of this decision must be filed with the clerk 

of the Environmental Court within 30 days of the date of the decision. The appellant must 

attach to the Notice of Appeal the entry fee of $225.00 payable to the State of Vermont. The 

Notice of Appeal must specify the parties taking the appeal and the statutory provision 

under which each party claims party status; must designate the act or decision appealed 

from; must name the Environmental Court; and must be signed by the appellant or their 

attorney. In addition, the appeal must give the address or location and description of the 

property, project or facility with which the appeal is concerned and the name of the applicant 

or any permit involved in the appeal. The appellant must also serve a copy of the Notice of 

Appeal in accordance with the Rule 5(b)(4)(B) of the Vermont Rules for Environmental Court 

Proceedings. For further information, see the Vermont Rules for Environmental Court 

Proceedings, available on-line at www.vermontjudiciary.org. The address for the 

Environmental Court is 2418 Airport Road, Suite 1, Barre, Vermont 05641 (Tel. #802-828-

1660). 

(49) Conditions (1) - (7) and (10) - (14) are derived from the new source review requirements of 

Subchapter V of the Regulations. With the exception of the cited new source review 

conditions, the Operating Permit shall expire on April 21, 2013. The Permittee shall submit 

to the Agency a complete application for renewal of the Operating Permit at least twelve 

(12) months before the expiration of the Operating Permit. If a timely and administratively 

complete application for an operating permit renewal is submitted to the Secretary, but the 

Secretary has failed to issue or deny such renewal before the end of the term of this 

Operating Permit, then the Permittee may continue to operate the subject source and all 

terms and conditions of this Operating Permit shall remain in effect until the Secretary has 

issued or denied the operating permit renewal. However, this Operating Permit shall 

automatically expire if, subsequent to the renewal application being determined or deemed 

administratively complete pursuant to §5-1006 of the Regulations, the Permittee fails to 

submit any additional information required by the Secretary as well as information pertaining 

to changes to the Facility within thirty (30) days or such other period as specified in writing 

by the Secretary. [§§5-1011 and 5-1012(a) of the Regulations] [§§5-1005(c) and 5-1012 of the Regulations]

(50) The conditions of this Permit as set forth above supercede all conditions contained in all 

prior Permits issued by the Agency to the Permittee for this Facility. [10 V.S.A. §§556(c) and 

556a(d)] 
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- ACID RAIN PORTION OF PERMIT TO OPERATE - 

Statement of Basis: Statutory and Regulatory Authorities: This portion of the Permit to Operate is 

issued pursuant to Titles IV and V of the federal Clean Air Act ("Act"). 

(51) Acid Rain Permit Effective Dates: April 21, 2008 through April 21, 2013. [40 CFR Part 72 §72.9 

(c)(3)(iii)] 

(52) Duty to Reapply: The designated representative shall submit a complete Acid Rain permit 

application at least six (6) months before this permit expires. [40 CFR Part 72 §72.30 (c)] 

- Specific Requirements for Unit 1 - 

(53) Sulfur Dioxide 

(a) SO2 emissions from Unit 1 may not exceed the number of allowances that the 

source lawfully holds under the Acid Rain Program, including allowances allocated 

directly to the source through the Acid Rain Program, as summarized in Table A 

below, and allowances obtained through the emissions trading provisions of the Acid 

Rain Program, subject to the following qualifications: 

(i) No permit revision may be required for increases in emissions that are 

authorized by allowances acquired pursuant to the Acid Rain Program, 

provided that the increases do not require a permit revision under any other 

applicable requirement; 

(ii) No limit may be placed on the number of allowances that may be held by the 

stationary source; 

(iii) A stationary source may not use allowances as a defense to noncompliance 

with any applicable requirements other than the requirements of the Acid 

Rain Program; and 

(iv) Any Acid Rain allowance shall be accounted for according to the procedures 

established in the Acid Rain Program. [10 V.S.A. §556a(d)]

Table A 

SO2 Allowances by Year under Tables 2, 3, or 4 of 40 CFR Part 73 in Tons 

Unit Identification 2008 - 2009 2010 and beyond 

Unit 1 104 38 

(b) The owners and operators shall, as of the allowance transfer deadline for this Phase 

II unit, hold allowances in the unit’s compliance subaccount [after deductions under 

40 CFR 73.34(c)] not less than the total annual emissions of sulfur dioxide from the 

unit. For the purposes of this condition, allowance transfer deadline is midnight of 

January 30 or, if January 30 is not a business day, midnight of the first business day 

thereafter. [10 V.S.A. §556a(d)] 
(54)

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 Nitrogen Oxides 

 This unit is not subject to a NOx limit under 40 CFR part 76 and section 407 of the Act. 

- Standard Requirements - 

(55) Permit Requirements. 

(a) The designated representative of each affected source and each affected unit at the 

source shall: 

(i) Except for a phase I acid rain permit to be issued by U.S. EPA, submit a 

complete Acid Rain permit application (including a compliance plan) under 

40 CFR part 72 in accordance with the deadlines specified in 40 CFR 72.30; 

and 

(ii) Submit in a timely manner any supplemental information that the Agency 

determines is necessary in order to review an Acid Rain permit application 

and issue or deny an Acid Rain permit. 

 [40 CFR Part 72 §72.9(a)(1)] 

(b) The owners and operators of each affected source and each affected unit at the 

source shall: 

(i) Operate the unit in compliance with a complete Acid Rain permit application 

or a superseding Acid Rain permit issued by the Agency; and 

 (ii) Have an Acid Rain permit. [40 CFR Part 72 §72.9(a)(2)]

(56) Monitoring Requirements. 

(a) Unless otherwise provided in writing by EPA, the owners and operators and, to the 

extent applicable, designated representative of each affected source and each 

affected unit at the source shall comply with the monitoring requirements as 

provided in 40 CFR parts 74, 75, and 76. On March 6, 2001, EPA approved an 

alternate monitoring method for the Permittee. [40 CFR Part 72 §72.9(b)(1)]

(b) The emissions measurements recorded and reported in accordance with 40 CFR 

Part 75 shall be used to determine compliance by the unit with the Acid Rain 

emissions limitations and emissions reduction requirements for SO2 and NOx under 

the Acid Rain program. [40 CFR Part 72 §72.9(b)(2)]

(c) The requirements of 40 CFR parts 74 and 75 shall not affect the responsibility of the 

owners and operators to monitor emissions of other pollutants or other emissions 

characteristics at the unit under other applicable requirements of the Act and other 

provisions of the operating permit for the source. [40 CFR Part 72 §72.9(b)(3)]
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(57) Sulfur Dioxide Requirements. 

 (a) The owners and operators of each source and each affected unit at the source shall: 

(i) Hold allowances, as of the allowance transfer deadline, in the unit's 

compliance subaccount [after deductions under 40 CFR 73.34(c)] not less 

than the total annual emissions of SO2 for the previous calendar year from 

the unit; and 

 (ii) Comply with the applicable Acid Rain emissions limitations for SO2. 

 [40 CFR Part 72 §72.9(c)(1)] 

(b) Each ton of SO2 emitted in excess of the Acid Rain emissions limitations for SO2

shall constitute a separate violation of the Act. [40 CFR Part 72 §72.9(c)(2)]

(c) An affected unit shall be subject to the requirements under Condition (4950)(a) of 

the Acid Rain Permit as follows: 

 (i) Starting January 1, 2000, for an affected unit under 40 CFR 72.6(a)(2); or 

(ii) Starting on the later of January 1, 2000 or the monitor certification deadline 

under 40 CFR part 75, for an affected unit under 40 CFR 72.6(a)(3). 

 [40 CFR Part 72 §72.9(c)(3)] 

(d) Allowances shall be held in, deducted from, or transferred among allowance tracking 

system accounts in accordance with the Acid Rain Program. [40 CFR Part 72 §72.9(c)(4)] 

(e) An allowance shall not be deducted in order to comply with the requirements under 

(a)(i) of this condition of this Permit prior to the calendar year for which the 

allowance was allocated. [40 CFR Part 72 §72.9(c)(5)]

(f) An allowance allocated by the U.S. EPA under the Acid Rain Program is a limited 

authorization to emit SO2 in accordance with the Acid Rain Program. No provision 

of the Acid Rain Program, the Acid Rain permit application, the Acid Rain permit, or 

the written exemption under 40 CFR 72.7 and 72.8 and no provision of law shall be 

construed to limit the authority of the United States to terminate or limit such 

authorization. [40 CFR Part 72 §72.9(c)(6)]

(g) An allowance allocated by the U.S. EPA under the Acid Rain Program does not 

constitute a property right. [40 CFR Part 72 §72.9(c)(7)]

(58) Excess Emissions Requirements. 

(a) The designated representative of an affected unit that has excess emissions in any 

calendar year shall submit a proposed offset plan to the U.S. EPA, as required 

under 40 CFR part 77, and submit a copy to the Agency. [40 CFR Part 72 §72.9(e)(1)]
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(b) The owners and operators of an affected unit that has excess emissions in any 

calendar year shall: 

(i) Pay to the U.S. EPA without demand the penalty required, and pay to the 

U.S. EPA upon demand the interest on that penalty, as required by 40 CFR 

Part 77; and 

(ii) Comply with the terms of an approved offset plan, as required by 40 CFR 

Part 77. [40 CFR Part 72 §72.9(e)(2)]

(59) Record keeping and Reporting Requirements. 

(a) Unless otherwise provided, the owners and operators of the source and each 

affected unit at the source shall keep on site at the source each of the following 

documents for a period of five (5) years from the date the document is created. This 

period may be extended for cause, at any time prior to the end of five (5) years, in 

writing by the U.S. EPA or the Agency: 

(i) The certificate of representation for the designated representative for the 

source and each affected unit at the source and all documents that 

demonstrate the truth of the statements in the certificate of representation, in 

accordance with 40 CFR 72.24; provided that the certificate and documents 

shall be retained on site at the source beyond such 5-year period until such 

documents are superseded because of the submission of a new certificate of 

representation changing the designated representative; 

(ii) All emissions monitoring information, in accordance with 40 CFR Part 75; 

(iii) Copies of all reports, compliance certifications, and other submissions and 

all records made or required under the Acid Rain Program; and, 

(iv) Copies of all documents used to complete an Acid Rain permit application 

and any other submission under the Acid Rain Program or to demonstrate 

compliance with the requirements of the Acid Rain Program. [40 CFR Part 72 

§72.9(f)(1)]

(b) The designated representative of an affected source and each affected unit at the 

source shall submit the reports and compliance certifications required under the 

Acid Rain Program, including those under 40 CFR part 72 Subpart I and 40 CFR 

Part 75. [40 CFR Part 72 §72.9(f)(2)]

(60) Liability 

(a) Any person who knowingly violates any requirement or prohibition of the Acid Rain 

Program, a complete Acid Rain permit application, an Acid Rain permit, or a written 

exemption under 40 CFR 72.7 or 72.8, including any requirement for the payment of 

any penalty owed to the United States, shall be subject to enforcement by the U.S. 

EPA pursuant to section 113(c) of the Act. [40 CFR Part 72 §72.9(g)(1)]
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(b) Any person who knowingly makes a false, material statement in any record, 

submission, or report under the Acid Rain Program shall be subject to criminal 

enforcement by the U.S. EPA pursuant to section 113(c) of the Act and 18 U.S.C. 

1001. [40 CFR Part 72 §72.9(g)(2)]

(c) No permit revision may excuse any violation of the requirements of the Acid Rain 

Program that occurs prior to the date that the revision takes effect. [40 CFR Part 72 

§72.9(g)(3)] 

(d) Each affected source and each affected unit shall meet the requirements of the Acid 

Rain Program. [40 CFR Part 72 §72.9(g)(4)]

(e) Any provision of the Acid Rain Program that applies to an affected source (including 

a provision applicable to the designated representative of an affected source) shall 

also apply to the owners and operators of such source and of the affected units at 

the source. [40 CFR Part 72 §72.9(g)(5)]

(f) Any provision of the Acid Rain Program that applies to an affected unit (including a 

provision applicable to the designated representative of an affected unit) shall also 

apply to the owners and operators of such unit. Except as provided under 40 CFR 

72.44 (Phase II repowering extension plans) and 40 CFR part 76.11(NOx averaging 

plans), and except with regard to the requirements applicable to units with a 

common stack under 40 CFR Part 75 (including 40 CFR 75.16, 75.17, and 75.18), 

the owners and operators and the designated representative of one affected unit 

shall not be liable for any violation by any other affected unit of which they are not 

owners or operators or the designated representative and that is located at a source 

of which they are not owners or operators or the designated representative. [40 CFR 

Part 72 §72.9(g)(6)] 

(g) Each violation of a provision of 40 CFR parts 72, 73, 74, 75, 76, 77, and 78 by an 

affected source or affected unit, or by an owner or operator or designated 

representative of such source or unit, shall be a separate violation of the Act. [40 CFR 

Part 72 §72.9(g)(7)] 

(61) Effect on Other Authorities 

(a) No provision of the Acid Rain Program, an Acid Rain permit application, an Acid 

Rain permit, or a written exemption under 40 CFR Part 72.7 or 72.8 shall be 

construed as: 

(i) Except as expressly provided in Title IV of the Act, exempting or excluding 

the owners and operators and, to the extent applicable, the designated 

representative of an affected source or affected unit from compliance with 

any other provision of the Act, including the provisions of Title I of the Act 

relating to applicable National Ambient Air Quality Standards or State 

Implementation Plans; 

(ii) Limiting the number of allowances a unit can hold; provided, that the number 

of allowances held by the unit shall not affect the source's obligation to 

comply with any other provisions of the Act; 
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(iii) Requiring a change of any kind in any state law regulating electric utility 

rates and charges, affecting any state law regarding such state regulation, or 

limiting such state regulation, including any prudence review requirements 

under such state law; 

(iv) Modifying the Federal Power Act or affecting the authority of the Federal 

Energy Regulatory Commission under the Federal Power Act; or, 

(v) Interfering with or impairing any program for competitive bidding for power 

supply in a state in which such program is established. 

 [40 CFR Part 72 §72.9(h)]

- General Requirements for all Affected Units Subject to Title IV of CAA- 

(62) Reporting: Annual Compliance Certification Report. For each calendar year in which a unit 

is subject to the Acid Rain emissions limitations, the designated representative shall submit 

to the U.S. EPA and to the Agency, within sixty (60) days after the end of the calendar year, 

an annual compliance certification report for the unit in compliance with 40 CFR 72.90. For 

the purpose of determining compliance with the Acid Rain emissions limitations and 

reduction requirements, total tons for a year shall be calculated as the sum of all recorded 

hourly emissions rates (or the tonnage equivalent of the recorded hourly emissions rates) in 

accordance with 40 CFR part 75, with any remaining fraction of a ton equal to or greater 

than 0.50 ton deemed to equal one ton and any fraction of a ton less than 0.50 ton deemed 

not to equal any ton. [40 CFR Part 72 §72.90(a) and §72.2]

(63) Submissions 

(a) The designated representative shall submit a certificate of representation, and any 

superseding certificate of representation, to the U.S. EPA in accordance with 

Subpart B of 40 CFR Part 72 and, concurrently, shall submit a copy to the Agency. 

The designated representative may disregard this requirement if the aforementioned 

certificate has already been submitted to the U.S. EPA and the Agency. [40 CFR Part 

72] 

(b) Each submission under the Acid Rain program shall be submitted, signed and 

certified by the designated representative for all sources on behalf of which the 

submission is made. [40 CFR Part 72 §72.21(a)]

(c) In each submission under the Acid Rain Program, the designated representative 

shall certify, by his or her signature: 

(i) The following statement, which shall be included verbatim in such 

submission: "I am authorized to make this submission on behalf of the 

owners and operators of the affected source or affected units for which the 

submission is made." 

(ii) The following statement which shall be included verbatim in such 

submission: "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 
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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." [40 CFR Part 

72 §72.21(b)] 

(d) The designated representative of a source shall serve notice on each owner and 

operator of the source and of an affected unit at the source: 

(i) By the date of submission, of any Acid Rain Program submissions by the 

designated representative; 

(ii) Within ten (10) business days of receipt of a determination, of any written 

determination by the U.S. EPA or the Agency; and 

(iii) Provided that the submission or determination covers the source or the unit. 

 [40 CFR Part 72 §72.21(d)(1)] 

(e) The designated representative of a source shall provide each owner and operator of 

an affected unit at the source a copy of any submission or determination under (d) of 

this condition of the Acid Rain permit, unless the owner or operator expressly waives 

the right to receive such a copy. [40 CFR Part 72 §72.21(d)(2)]

The Agency's issuance of this Air Pollution Control Permit relies upon the data, judgment, and other 

information supplied by the Permittee. The Agency makes no assurances that the air contaminant 

source approved herein will meet performance objectives or vendor guarantees supplied to the 

source Permittee. It is the sole responsibility of the Permittee to operate the source in accordance 

with the conditions herein and with all applicable state and federal standards and regulations. 

Dated this _______ day of ________________________________, 200__, in the town of 

Waterbury, county of Washington, state of Vermont. 

Agency of Natural Resources 

Laura Q. Pelosi, Commissioner 

Department of Environmental Conservation 

By: _________________________________ 

Richard A. Valentinetti, Director 

Air Pollution Control Division 

sks 

A2 – File: Joseph C. McNeil Electric Generating Station - Burlington