United States Environmental Protection Agency 

Region 5 

Air Programs Branch 

Air & Radiation Division 

77 West Jackson Boulevard 

Chicago, Illinois 60604 

AIR POLLUTION CONTROL 

TITLE V PERMIT TO OPERATE 

Permit Number: V-PI-2704900084-2012-10 Expiration Date: DECtS 201/ 

Issue Date: MOV 2 8 2012 Effective Date: ' DEC 2"6 2012 

In accordance with the provisions of Title V of the Clean Air Act and 40 C.F.R. Part 71 

and applicable rules and regulations, 

NRG Backup Generation Services 

Lakeville, Minnesota 

is authorized to operate air emission units and to conduct other air pollutant emitting 

activities in accordance with the permit conditions listed in this permit. 

This source is authorized to operate in the following location: 

Treasure Island Resort & Casino 

Prairie Island Indian Community 

Red Wing, Minnesota 

Terms and conditions not otherwise defined in this permit have the meaning assigned to 

them in the referenced regulations. Al l terms and conditions of the permit are 

enforceable by EPA and citizens under the Clean Air Act. 

Susan Hedman Date 

Regional Administrator 

U . S. EPA - Region 5 

/;/ 7/ / ZGeorge T. CzeailakX / \ Date 

Acting Director j { 

Air and RadialiorrDivision 

U . S. EPA - Region 5 
Section: 

TABLE OF CONTENTS 

1.0 Source Identification and Unit-Specific Information 

A. General Source Information 

B. Source Emission Points 

C. Potential Emissions 

2.0 Unit-Specific Operating Conditions- Internal 

Combustion Engines 

A. Emission Limitations and Standards 

B. Monitoring and Testing Requirements 

C. Recordkeeping and Reporting Requirements 

3.0 Facility-Wide Permit Conditions 

A. General Part 71 Recordkeeping Requirements 

B. General Part 71 Reporting Requirements 

C. Permit Shield 

D. Performance Testing 

E. Credible Evidence 

4.0 Part 71 General Permit Requirements 

A. Definitions 

B. Annual Fee Payment 

C. Compliance Statement 

D. Compliance Certifications 

E. Schedule of Compliance 

F. Duty to Provide and Supplement Information 

G. Enforceability 

H. Submissions 

I. Severability Clause 

J. Permit Actions 

K. Administrative Permit Amendments 

L. Minor Permit Modifications 

M . Significant Permit Modifications 

N . Reopening for Cause 

O. Property Rights 

P. Inspection and Entry 

Q. Emergency Provisions 

R. Off-Permit Changes 

S. Permit Expiration and Renewal 

T. Emissions Trading 

U . Acid Rain Permit Provisions 

V . Operational Flexibility 
Abbreviations and Acronyms 

BHP Brake Horsepower 

C A A Clean Air Act [42 U.S.C. Section 7401 et seq. 

C A M Compliance Assurance Monitoring 

C.F.R. Code of Federal Regulations 

CO Carbon Monoxide 

E PA United States Environmental Protection Agency, Region 5 

E U Emission Unit 

Facility Treasure Island Resort & Casino 

gal gallon 

g grams 

HAP Hazardous Air Pollutant 

hg mercury 

hr hour 

Id No. Identification Number 

kg kilogram 

lb pound 

MACT Maximum Achievable Control Technology 

Mg megagram 

MMBtu million British Thermal Units 

NESHAP National Emission Standards for Hazardous Air Pollutants 

N 0 2 Nitrogen Dioxide 

NOx Nitrogen Oxides 

NSPS New Source Performance Standard 

NSR New Source Review 

o2 Oxygen 

Owner/Operator N R G Backup Generation Services 

Permittee N R G Backup Generation Services 

P M Particulate Matter 

PMIO Particulate matter less than 10 microns in diameter 

ppm parts per million 

ppmvd parts per million, volumetric dry 

PSD Prevention of Significant Deterioration 

PTE Potential to Emit 

so2 Sulfur Dioxide 

tpy tons per year 

V OC Volatile Organic Compounds 
N R G Backup Generation Services, Red Wing, M N Issue Date: November 26, 2012 

Permit #: V-PI-2704900084-2012-10 Page: 1 of 26 

1.0 SOURCE IDENTIFICATION AND UNIT-SPECIFIC INFORMATION 

(A). General Source Information 

Parent Company: 

N R G Backup Generation Services 

17685 Juniper Path, Suite 301 

Lakeville, Minnesota 55044 

Facility: 

Treasure Island Resort and Casino 

5734 Sturgeon Lake Road 

Red Wing, Minnesota 55066 

County: Goodhue 

U.S. EPA Region: 5 

Reservation: Prairie Island Indian Community 

Tribe: Prairie Island Indian Community 

SIC Code: 4911, Electric Services 

AFS Plant Id No.: 27 049 00084 

Description of Process: NRG Backup Generation Services owns and operates four 

internal combustion diesel-fired engines that serve the Treasure Island Resort and Casino. 

The electricity produced is used for peak load management and backup power for the 

resort and casino. Electricity is not sold for distribution. 
N R G Backup Generation Services, Red Wing, M N Issue Date: November 26, 2012 

Permit #: V-PI-2704900084-2012-10 Page: 2 of 26 

(B). Source Emission Points 

Emission 

Unit ID No. 

Description Model Heat Input 

(MMbtu/hr) 

Date 

Installed 

EU-01 Internal Combustion 

Engine (diesel fired) 

Caterpillar 

3516B 16.76 5/25/01 

EU-02 Internal Combustion 

Engine (diesel fired) 

Caterpillar 

3516B 16.76 5/25/01 

EU-03 Internal Combustion 

Engine (diesel fired) 

Caterpillar 

3516B 16.76 5/25/01 

EU-04 Internal Combustion 

Engine (diesel fired) 

Caterpillar 

3516B 16.76 5/25/01 

(C). Potential Emissions 

Potential Emission Rates VOC NOx CO PM PM10 so2 HAPs 

Potential hourly emissions per 

engine (lb/hr) 1.16 37.44 3.05 0.87 0.72 0.91 0.025 

Total potential emissions - 4 

engines (lb/hr) 4.64 149.76 12.20 3.48 2.86 3.65 0.100 

Total potential emissions - 4 

engines (tpy) 20.32 655.95 53.44 15.24 12.53 15.97 0.438 

Limited potential emissions - 4 

engines (tpy) 0.29 41.18 3.36 0.96 0.79 1.00 0.027 

2.0 UNIT-SPECIFIC OPERATING CONDITIONS 

(A). Emission Limitations and Standards [40 C.F.R. § 71.6(a)(1)] The Permittee shall 

comply with the following requirements: 

1. Nitrogen Oxide PSD BACT Limitations: 

i . Total nitrogen oxide (NOx) emissions from each engine shall not exceed 

6.55 g/BHP-hr per engine, expressed as N0 2, averaged over the duration 

of the emission performance test or any three consecutive hours. 

[Condition 4.1.a of PSD-PI-R50003-00-01] 

i i. Total NOx emissions from each engine shall not exceed 37.44 lb/hr per 

engine, expressed as N0 2, averaged over the duration of the emission 

performance test or any three consecutive hours. [Condition 4.1.b of PSDPI-R50003-00-01] 
N RG Backup Generation Services, Red Wing, M N 

Permit #: V-PI-2704900084-2012-10 

Issue Date: November 26, 2012 

Page: 3 of 26 

iii. Total NOx emissions from each engine shall not exceed 10.30 tpy per 

engine, expressed as N0 2, based on a 12-consecutive month rolling sum, 

with compliance detennined at the end of each month. [Condition 4.1.c of 

PSD-PI-R50003-00-01] 

2. Total operating hours of each engine shall not exceed 550 hrs/year, based on a 12-

month rolling sum, with compliance determined at the end of each month. 

[Condition 4.1.d of PSD-PI-R50003-00-01] 

3. The Permittee shall operate the turbocharger and aftercooler at all times that any 

of the engines (EU-01, EU-02, EU-03 or EU-04) are in operation. [Condition 

4.1.e of PSD-PI-R50003-00-01] 

4. The Permittee shall maintain lean burn combustion conditions at all times that any 

of the engines are in operation. [Condition 4.1 .e and 4.1.h of PSD-PI-R50003-00-

01] 

5. The Permittee shall maintain the aftercooler return water temperature for each 

engine at less than or equal to 140 degrees Fahrenheit. [Condition 4.1.f of PSDPI-R50003-00-01] 

6. The Permittee shall maintain the intake manifold pressure of each engine at 28.1 

to 76.2 inches of Hg and 40 to 100 percent load. [Condition 4.1.i of PSD-PIR50003-00-01] 

7. The Permittee shall retard engine timing at all times for each engine such that the 

injection of fuel into the engine is delayed. The flash file program #180-1736, 

which electronically controls each engine, shall be set for retard engine timing. 

The Permittee shall contact the EPA before modifying any parameters pertaining 

to retarding engine timing for any engine. [Condition 4.1 .k and 4.1.1 of PSD-PIR50003-00-01] 

8. The Permittee shall burn in the engines diesel fuel that meets the following 

standards [40 C.F.R. §§ 63.6604 and 80.510(b)]: 

i. Sulfur content: 15 ppm maximum 

i i. A minimum cetane index of 40 or a maximum aromatic content of 35 

volume percent. 

9. At all times, including start-up, shut-down, and malfunction, the Permittee shall, 

to the extent practicable, maintain and operate all sources including associated air 

pollution control equipment regulated by this pennit, in a manner consistent with 

good air pollution control practice for minimizing emissions. Determination of 

whether acceptable operating and maintenance practices are being used is based 
N R G Backup Generation Services, Red Wing, M N Issue Date: November 26, 2012 

Permit #: V-PI-2704900084-2012-10 Page: 4 of 26 

on information available to the EPA, which may include, but is not limited to, 

monitoring results, review of operating and maintenance procedures, and 

inspections of the facility. In addition, the Permittee shall comply with the 

following: [Section 3.0 of PSD-PI-R50003-00-01, 40 C.F.R. § 63.6605] 

i. The Permittee shall develop and provide to each facility operator training 

to orient staff as to the applicable terms and conditions of this permit. The 

Permittee shall maintain onsite a log of the time, date, and place, and a list 

of attendees for, each training session. The Permittee shall maintain at the 

facility and make available to an authorized EPA representative, upon 

request, a copy of the training materials presented in the training sessions. 

i i. The Permittee shall develop and implement standard operation and 

maintenance (O&M) procedures for each emission unit listed in this 

permit. A copy of the procedures shall be readily available to the 

operators maintaining each emission unit, and authorized EPA 

representatives. 

iii. The Permittee shall keep a copy of this permit on file at the facility at all 

times. 

10. Carbon Monoxide (CO) Concentration or Reduction: 

i. The Permittee shall limit the concentration of CO in the exhaust to 23 

ppmvd at 15 percent 0 2 or reduce CO emissions by 70% or more at all 

times except during periods of startup. [40 C.F.R. § 63.6603(a), Table 2d 

to 40 C.F.R. Part 63, Subpart ZZZZ] 

i i. The Permittee shall comply with the CO concentration or reduction limit 

no later than May 3, 2013 unless EPA grants an extension according to the 

provisions of 40 C.F.R. § 63.6(i). [40 C.F.R. § 63.6595(a)(1)] 

iii. The Permittee will have demonstrated initial compliance if the average CO 

concentration or average reduction of emissions of CO determined from 

the initial performance test required in Condition 2.0(B).6 achieves the 

required CO concentration or CO percent reduction. [40 C.F.R. 

§ 63.6630(a), Table 5 to 40 C.F.R. Part 63, Subpart ZZZZ] 

iv. The Permittee shall demonstrate continuous compliance if performance 

testing conducted as required in Condition 2.0(B).7 shows that the CO 

emissions concentration or reduction meets the concentration or percent 

reduction as required Condition 2.0(A).10.(i) ofthis permit. [40 C.F.R. § 

63.6640(a), Table 6 to 40 C.F.R. Part 63, Subpart ZZZZ] 

11. The Permittee shall minimize each engine's time spent at idle during startup and 

minimize the engine's startup time to a period needed for appropriate and safe 
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Permit #: V-PI-2704900084-2012-10 

Issue Date: November 26, 2012 

Page: 5 of 26 

loading of the engine, not to exceed 30 minutes, after which time the CO emission 

limitation in Condition 2(A). lO.i ofthis permit applies. [40 C.F.R. § 63.6625(h)] 

(B). Monitoring and Testing Requirements [40 C.F.R. § 71.6(a)(3)(i)(A) through (C)] 

1. Periodic NOx Performance Testing. The Permittee shall conduct a NOx 

performance test every five calendar years, starting three years after the initial 

compliance test conducted on August 7, 2001, to determine compliance with the 

emission limits in condition 2.0(A)(1). [Section 5 of PSD-PI-2704900084-2012-

i. In accordance with Condition 4.1.n of PSD-PI R50003-00-01, the 

Pennittee shall determine the NOx emission rate, expressed as N0 2, using 

the exhaust properties determined by EPA Method 19 and exhaust gas 

measurements specified in Sections 5 and 6 of PSD-PI-R50003-00-01. 

i i. The Pennittee shall complete testing in accordance with the performance 

testing requirements in condition 3.0 (F). 

2. Annual NOx Testing. The Permittee shall measure NOx emissions annually using 

a portable emissions analyzer to determine compliance with the emissions limits 

in Condition 2.0(A)(1). [40 C.F.R. § 71.6(c) (1), Condition 6 of PSD-PI-R50003-

i. The Pennittee shall use the portable emissions analyzer according to the 

portable electrochemical analyzer procedure in attachment 2 of PSD-PIR50003-00-01. 

i i. This requirement does not apply during the calendar years in which a 

performance test is required, only during years between the periodic 

performance tests. 

iii. Representative Testing Conditions. Annual testing using a portable 

emissions analyzer shall be conducted under conditions specified by the 

EP A based on representative operating conditions of the affected emission 

unit(s). The Permittee shall make available to the EPA such records as 

may be necessary to determine the conditions of annual testing using the 

portable emissions analyzer. Operations during periods of startup, 

shutdown, and malfunction shall not constitute representative conditions 

for such annual testing. 

iv. Operating Conditions. The Permittee shall conduct all measurements for 

all emission units at worst case operating (non-malfunction) conditions for 

each air pollutant that is required to be tested unless: 

02] 

00-01] 
N R G Backup Generation Services, Red Wing, M N Issue Date: November 26, 2012 

Permit #: V-PI-2704900084-2012-10 Page: 6 of 26 

(a) . The applicable requirement or compliance document specifies 

alternative operating conditions for annual testing using a portable 

emissions analyzer; or 

(b) . The worst case condition is not known or calculable. In this case, 

worst case conditions shall be assumed to be the maximum 

achievable process or operating rate of the emissions unit. 

v. Measurement Cycles. Each test shall consist of at least four, but no more 

than six, 15-minute measurement cycles. For the purpose of determining 

compliance with the applicable standard, the Permittee shall add the 

results of all measurement cycles and divide the sum by the number of 

measurement cycles to arrive at an average emission rate. The Permittee 

will use the result as one basis for determining compliance with the 

emission limit specified in this permit. In the event that a sample is 

accidentally lost or conditions occur in which one of the measurement 

cycles must be discontinued because of forced shutdown, extreme 

meteorological conditions, or other circumstances beyond the Permittee's 

control, EPA may, in its sole discretion, determine compliance using the 

arithmetic mean of the results ofthe non-damaged measurement cycles. 

The Pennittee shall continuously monitor the aftercooler water temperature for 

each engine. The Permittee shall control the temperature via thermostatic valves 

that maintain a return water temperature of 140 degrees Fahrenheit. [Condition 

4.1.g of PSD-PI-R50003-00-01] 

The Permittee shall continuously monitor the intake manifold pressure of each 

engine. [Condition 4.1.j of PSD-PI-R50003-00-01] 

Upon request by the EPA, the Permittee shall conduct performance tests for any 

or all of the following pollutants: sulfur dioxide, particulate matter, volatile 

organic compounds, CO, and any combination of hazardous air pollutants. The 

E PA may use the results of any performance tests or any other credible evidence 

to determine whether the actual emission levels of the above pollutants exceed 

the limited potential emission estimates listed in Condition 1.0(C). The Permittee 

shall use applicable test methods in Appendix A of 40 C.F.R. Part 60 or any other 

method approved by EPA for conducting any performance tests for the above 

pollutants. [Condition 4.1.p of PSD-PI-R50003-00-01 and 62 Fed. Reg. 8314 

(Feb. 27, 1997)] 

The Permittee shall conduct an initial CO compliance test according to condition 

2.0(B).8 or condition 2.0(B).9 ofthis permit within 180 days of May 3, 2013 

unless EPA grants an extension according to the provisions of 40 C.F.R. § 

63.6(f). [40 C.F.R. § 63.6612(a)] 
N RG Backup Generation Services, Red Wing, M N Issue Date: November 26, 2012 

Permit #: V-PI-2704900084-2012-10 Page: 7 of 26 

7. The Pennittee shall conduct a CO performance test every 8,760 hours or 3 years, 

whichever comes first. [40 C.F.R. § 63.6615, Table 3 to 40 C.F.R. Part 63, 

Subpart ZZZZ] 

8. If the Permittee is complying with the CO reduction requirement in condition 

2.0(A). 10.i of this permit then the Permittee shall measure the 0 2 and CO at the 

inlet and the outlet of the control device using a portable CO and 0 2 analyzer 

according to AST M D6522-00 (2005) or, for CO, EPA Method 10 of 40 C.F.R. 

Appendix A. Measurements to detennine 0 2 must be made at the same time as 

the measurements for CO concentration. The CO concentration must be at 15 

percent 0 2, dry basis. [40 C.F.R. § 63.6612(a), 40 C.F.R. § 63.6620(a), Table 4 

to 40 C.F.R. Part 63, Subpart ZZZZ] 

9. If the Permittee is complying with the CO concentration requirement in 

Condition 2.0(A).10.i ofthis permit then the Pennittee shall do the following: [40 

C.F.R. § 63.6612(a), 40 C.F.R. § 63.6620(a), Table 4 to 40 C.F.R. Part 63, 

Subpart ZZZZ] 

i. Select the sampling port location and the number of traverse points using 

Method 1 or 1A of 40 C.F.R. Part 60, Appendix A; 

i i. Determine the 0 2 concentration of the stationary RICE exhaust at the 

sampling port location using Method 3 or 3A or 3B of 40 C.F.R. Part 60 

Appendix A, or AST M Method D6522-00 (2005); 

iii. Measure moisture content of the stationary RICE exhaust at the sampling 

port location using Method 4 of 40 C.F.R. Part 60, Appendix A, or Test 

Method 320 of 40 C.F.R. Part 63, Appendix A, or AST M D 6348-03; and 

iv. Measure CO at the exhaust of the stationary RICE using Method 10 of 40 

C.F.R. Part 60, Appendix A, AST M Method D6522-00 (2005), Method 

320 of 40 C.F.R. Part 63, Appendix A, or AST M D6348-03. CO 

concentration must be at 15 percent 0 2, dry basis. Results ofthis test 

consist of the arithmetic average of the three 1 -hour or longer runs. 

10. The Permittee shall provide notice of intent to conduct a CO performance test 

under condition 2.0(B).8 or condition 2.0(B).9 of this permit at least 60 calendar 

days before the performance test is initially scheduled to begin to allow EPA, 

upon request, to review and approve the site-specific test plan required under 

condition 2.0(B). 11 and to have an observer present during the test. In the event 

the Permittee is unable to conduct the performance test on the date specified due 

to unforeseeable circumstances beyond his or her control, the Permittee shall 

notify the Administrator as soon as practicable and without delay prior to the 

scheduled performance test date, and specify the date when the performance test 

is rescheduled. [40 C.F.R. §§ 63.6645, 63.7(b)] 
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11. Before conducting a performance test required by condition 2.0(B).8 or condition 

2.0(B).9 of this permit, the Permittee shall develop and, if requested by EPA, 

shall submit a site-specific test plan for approval at least 60 calendar days before 

the performance test is scheduled to take place, that is, simultaneously with the 

notification of intent to conduct a performance test required under condition 

2.0(B). 10 of this permit. The test plan shall include a test program summary, the 

test schedule, data quality objectives, and both an internal and external quality 

assurance (QA) program. Data quality objectives are the pretest expectations of 

precision, accuracy, and analysis of replicate samples. The internal QA program 

shall include, at a minimum, the activities planned by the routine operators and 

analysts to provide an assessment of test data precision. [40 C.F.R. §§ 63.6645, 

63.7(b) and (c)] 

(C). Recordkeeping and Reporting Requirements [40 C.F.R. § 71.6(c) (3)] 

1. Within 45 days of completion of a NOx performance or annual test or within 60 

days of completion of a CO performance test, the Permittee shall submit a written 

report to the EPA detailing the results of each test [Conditions 5 and 6 of PSDPI-R50003-00-01, 40 C.F.R. 63.7(g)(1)] 

2. The Permittee shall maintain records, including printouts of digital readouts, 

gauges, or meters, for times in which the flash file program #180-1736 is 

modified and any times in which retard engine timing parameters have been 

changed. [Condition 4.1.m of PSD-PI-R50003-00-01] 

3. The Permittee shall certify that all electronic controls are set for low emission 

strategy. [Condition 4.1.o of PSD-PI-R50003-00-01] 

4. In accordance with the recordkeeping requirements listed in Section 7 of PSD-PIR50003-00-01, the Permittee shall maintain a file ofthe records that are required 

to be retained by this permit at the facility. Records include, but are not limited 

to, all calibration and maintenance records, all original continuous monitoring 

instrumentation data, and copies of all reports required by this permit. 

Monitoring records include, but are not limited to: 

i. The aftercooler return water temperature, intake manifold pressure, and 

any changes to flash file program #180-1736 for all emission units; 

i i. Hours of operation for all emission units; 

iii. Performance test data and results; 

iv. Results of annual testing from the portable emissions analyzer; 

v. Reports of excess emissions; 

vi. Changes requiring notification to EPA under this section; 

vii. Calibration and maintenance records, original strip charts, or computerbased recordings; 

viii. Sampling dates and the times of sampling or measurement; 
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Issue Date: November 26, 2012 

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ix. The operating conditions that existed at the time of sampling or 

measurement; 

x. The dates analyses were performed; 

xi. The location where samples were taken; 

xii. The company or entity that performed the sampling and analyses; 

xiii. The analytical techniques or methods used in the sampling and analyses; 

xiv. The results of the analyses; and 

xv. Occurrence and duration of any startup, shutdown, or malfunction in the 

operation of E U 01, 02, 03, and/or 04 or the facility; any malfunction of 

the air pollution control equipment; or any periods during which a 

continuous monitoring system or monitoring device is inoperative. 

5. For each engine the Permittee must submit a compliance report semiannually. 

The first compliance report must cover the period beginning May 3, 2013, and 

ending June 30, 2013. The first compliance report must be postmarked or 

delivered to EPA no later than July 31, 2013. Each subsequent compliance report 

must cover the semiannual reporting period from January 1 through June 30 or 

the semiannual reporting period from July 1 through December 31. Each 

subsequent compliance report must be postmarked or delivered to EPA no later 

than July 31 or January 31, whichever date is the first following the end of the 

semiannual reporting period. Each report must contain the following: [40 C.F.R. 

§ 63.6650, Table 7 to 40 C.F.R. Part 63, Subpart ZZZZ] 

i. The compliance report must contain the Permittee's name and address, a 

statement by a responsible official with that officials name, title, and 

signature certifying the accuracy of the content of the report, and the date 

of the report and beginning and ending dates of the reporting period. 

i i. If there are no deviations from the emission limitations listed in condition 

2.0(A). lO.i of this permit during the operating period then the Permittee 

must include in the report a statement that there were no deviations from 

the emission limitations during the reporting period. 

iii. If there are deviations from the emission limitations listed in condition 

2.0(A). 10 ofthis permit during the reporting period, the report must 

contain the total operating time of the engine at which the deviation 

occurred during the reporting period and information on the number, 

duration, and cause of deviations (including unknown cause, if 

applicable), as applicable, and the corrective action taken. 

iv. If malfunctions occurred during the reporting period then the report must 

include the number, duration, and a brief description for each type of 

malfunction which occurred during the reporting period and which caused 

or may have caused any applicable emission limitation to be exceeded. 

The report must also include a description of actions taken by an owner or 
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Permit #: V-PI-2704900084-2012-10 Page: 10 of 26 

operator during a malfunction of an affected source to minimize emissions 

in accordance with Condition 2.0(A).9. 

6. The Permittee shall maintain a copy of each semiannual compliance report, 

records of the occurrence and duration of each malfunction in monitoring 

equipment, records of performance tests, records of all required maintenance 

performed on the monitoring equipment, and records of actions taken during 

periods of malfunction to minimize emissions. Al l records required in this 

condition shall be kept readily available for expeditious review for five years 

following the date of each occurrence, measurement, maintenance, corrective 

action, report, or record. [40 C.F.R. §§ 63.6655, 63.6660] 

3.0 FACILITY-WIDE PERMIT CONDITIONS 

Conditions in this section of the permit apply to all emissions units located at the facility. 

[40 C.F.R. § 71.6(a)] 

(A) . General Part 71 Recordkeeping Requirements [40 C.F.R. § 71.6(a)(3)(h)] 

1. The Permittee shall keep records of required monitoring information that include 

the following: 

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

i i. The date(s) analyses were performed; 

iii. The company or entity that performed the analyses; 

iv. The analytical techniques or methods used; 

v. The results of such analyses; and 

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

measurement. 

2. The Permittee shall retain records of all required monitoring data and support 

information for a period of at least five calendar years from the date of the 

monitoring sample, measurement, report, or application. Support information 

includes all calibration and maintenance records, all original strip-chart recordings 

for continuous monitoring instrumentation, and copies of all reports required by 

this permit. 

(B) . General Part 71 Reporting Requirements [40 C.F.R. § 71.6(a)(3)(iii), 62 Fed. 

Reg. 8314 (February 24, 1997)] 

1. The Pennittee shall submit to the EPA semi-annual reports of any required 

monitoring for each six-month reporting period from January 1 to June 30, and 

from July 1 to December 31, except that the first reporting period shall begin on 

the effective date of this permit and end on December 31. Al l reports shall be 

submitted to the EPA and shall be postmarked by the 30th day following the end 

of the reporting period. Al l instances of deviations from permit requirements 
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Permit #: V-PI-2704900084-2012-10 

Issue Date: November 26, 2012 

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must be clearly identified in such reports. Al l required reports must be certified by 

a responsible official consistent with Condition 4.0(H)(1) of this permit. [40 

i. A monitoring report under this section must include the following: 

(a) . The company name and address; 

(b) . The beginning and ending dates of the reporting period; 

(c) . The emissions unit or activity being monitored; 

(d) . The emissions limitation or standard, including operational 

requirements and limitations (such as parameter ranges), specified 

in the permit for which compliance is being monitored; 

(e) . Al l instances of deviations from permit requirements whether 

demonstrated by referenced test method, monitoring, or through 

any other credible evidence, including those attributable to upset 

conditions as defined in this permit, and the date on which each 

deviation occurred and, at the source's discretion, either the total 

duration of deviations indicated by such monitoring or the actual 

records of deviations; 

(f) . The total time when monitoring required by this permit was not 

performed during the reporting period; 

(g) . Al l other monitoring results, data, or analyses required to be 

reported by the applicable requirement; and 

(h) . The name, title, and signature of the responsible official who is 

certifying to the truth, accuracy, and completeness of the report. 

i i. Any report required by an applicable requirement that provides the same 

information described in condition 3.0(B)(1)(a) tlirough (h), above, shall 

satisfy the requirement under (B)(1). 

iii. Deviation means any situation in which an emissions unit fails to meet a 

permit term or condition. A deviation is not always a violation. A 

deviation can be determined by observation or through review of data, 

obtained from any testing, monitoring, or record keeping established in 

accordance with 40 C.F.R. § 71.6(a) (3) (i) and (a) (3) (ii). For a situation 

lasting more than 24 hours, each 24-hour period is considered a separate 

deviation. The meaning of deviation includes, but is not limited to, any of 

the following: [40 C.F.R. § 71.6(a)(3)(iii)(C)] 

(a) . A situation when emissions exceed an emission limitation or 

standard; 

(b) . A situation where process or emissions control device parameter 

values indicate that an emission limitation or standard has not been 

C.F.R. § 71.6(a)(3)(iii)(A) and (B)] 

met; and 
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Permit #: V-PI-2704900084-2012-10 Page: 12 of 26 

(c). A situation in which observations or data collected demonstrates 

noncompliance with an emission limitation or standard or any 

work practice or operating condition required by the permit. 

2. The Permittee shall promptly report to the EPA deviations from permit 

requirements, including those attributed to malfunction, emergency or other upset 

conditions, the probable cause of such deviations, and any corrective actions or 

preventive measures taken. "Prompt" is defined as follows: [40 C.F.R. 

§ 71.6(a)(3) (iii) (B)] 

i . Any definition of "prompt" or specific timeframe for reporting deviations 

provided in an underlying applicable requirement (as identified in this 

permit); or 

i i. Where the underlying applicable requirement does not define prompt or 

provide a timeframe for reporting deviations, reports of deviations shall be 

submitted based on the following schedule: 

(a) . For emissions of a hazardous air pollutant or a toxic air pollutant 

(as identified in the applicable regulation) that continue in excess 

of permit requirements for more than an hour, the report must be 

made within 24 hours of the occurrence. 

(b) . For emissions of any regulated pollutant excluding a hazardous air 

pollutant or a toxic air pollutant that continue in excess of permit 

requirements for more than two hours, the report must be made 

within 48 hours. 

(c) . For all other deviations from permit requirements, the report shall 

be submitted with the semi-annual monitoring report required in 

paragraph (1) of this section. 

3. If any of the conditions in Condition 3.0(B) (2) (ii) (a) through (c) above are met, 

the source must notify the EPA by telephone or facsimile based on the timetable 

listed in that subsection. The Permittee must submit a written notice, certified 

consistent with Condition 3.0(B) (4) within 10 working days of the occurrence. 

The Permittee also must identify all deviations reported under this section in the 

semi-annual report required under paragraph (1) of this section. 

4. Any application form, report, or compliance certification required to be submitted 

by this permit shall contain certification by a responsible official of truth, 

accuracy, and completeness. Al l certifications shall state that, based on 

information and belief formed after reasonable inquiry, the statements and 

information in the document are true, accurate, and complete. [40 C.F.R. 

§ 71.5(d)] 
N R G Backup Generation Services, Red Wing, M N 

Pennit #: V-PI-2704900084-2012-10 

Issue Date: November 26, 2012 

Page: 13 of 26 

(C) . Permit Shield [40 C.F.R. § 71.6(f)] 

1. Compliance with the conditions of this permit shall be deemed compliance with 

any applicable requirements as of the date of permit issuance provided that such 

applicable requirements are included and specifically identified in this permit. 

2. Nothing in this pennit shall alter or affect the following: 

i. The provisions of Section 303 of the CA A (emergency orders), including 

the authority of the Administrator under that section; 

i i. The liability of the Permittee for any violation of applicable requirements 

prior to or at the time of permit issuance; or 

iii. The ability of the EPA to obtain information under Section 114 of the 

CAA. 

(D) . Performance Testing [40 C.F.R. § 71.6(a) (3) (i) and Section 5 of 

PSD-PI-R50003-00-01] 

1. Testing Notification. Written notification of the planned test date shall be 

postmarked or received by the EPA at least 30 days before the planned test date 

for NOx performance testing and at least 60 days before the planned test date for 

CO perfonnance testing. The EPA shall reject the results of a test if less than 30 

days notice is given for a NOx performance test or less than 60 days notice is 

given for a CO performance test unless EPA has provided a written authorization 

for a shorter notice. [40 C.F.R. § 63.6645(g)] 

2. Test Plans. Within 60 days after receiving a request, and at least 30 days before 

the scheduled date of any tests, the Permittee shall submit a complete plan for 

conducting the source tests to the EPA for approval. Failure to submit a complete 

plan shall not alter the date by which any test is required. 

3. Approval of Test Plan. If the proposed test plan does not contain sufficient or 

accurate enough detail to ensure that the performance test meets the requirements 

of the applicable requirement or compliance document, EPA may reject the plan, 

and the Permittee must address any of EPA's comments on revisions and 

additions that are necessary to make the plan complete. 

4. The Permittee shall submit the test plan in the following format and include the 

following elements: 

Part I. General information: 

i. Name and address of facility; 
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i i. Name, title, telephone number, and facsimile number of contact person at 

facility; 

iii. Permit number or name of other applicable compliance document; 

iv. Reason for testing; 

v. Schematic drawing of stack and sample ports; 

vi. Location of facility; and 

vii. Name, contact person, telephone number, and facsimile number for testing 

company contracted to conduct the test. 

Part II. Testing requirements: 

i. List of the emission units, as identified in the applicable requirement or 

compliance document, and pollutants to be tested, the emission limit for 

each pollutant, and the applicable rule or regulation for each emission 

limit; and 

i i. Description of procedure for fuel sampling and analysis, where applicable. 

Part III. Operating conditions: 

i. List of the process or operating rate and conditions of the process 

equipment and air pollution control equipment for the test; 

i i. List of the range of process or operating rates for each emissions unit; and 

iii. Description of how air pollution control and process equipment will be 

monitored. 

Part IV. Test methods: 

i. List ofthe methods to be used to detennine the emission rate of each 

pollutant; 

i i. Number of test runs, length of test run, and sampling rate for each method; 

iii. Reference to any applicable requirement or compliance document 

requiring use of specific methods or procedures; 

iv. Summary of reasons for proposing to use any alternative or equivalent 

method; and 

v. For test methods other than reference methods, statement of the detection 

limit and the degree of accuracy of that method at the expected emission 

rate and under the conditions of the performance test. 

5. Operating Conditions for Perfomiance Testing. The Permittee shall conduct all 

perfomiance tests at worst case operating (non-malfunction) conditions for all 

emission units for each air pollutant that is required to be tested unless: 

i. The applicable requirement or compliance document specifies alternative 

operating conditions for performance testing; or 
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i i. The worst case condition is not known or calculable. In this case, worst 

case conditions shall be assumed to be the maximum achievable process 

or operating rate of the emissions unit. 

6. Test Runs. Unless otherwise specified by the applicable Reference Test Method, 

each performance test shall consist of three separate runs. For the purpose of 

determining compliance with an applicable standard, the arithmetic mean of 

results of the three runs shall apply. In the event that a sample is accidentally lost 

or conditions occur in which one of the three runs must be discontinued because 

of forced shutdown, failure of an irreplaceable portion of the sample train, 

extreme meteorological conditions, or other circumstances beyond the 

Permittee's control, compliance may, upon the EPA's approval, be determined 

using the arithmetic mean of the results of the two other runs. 

7. Failure to demonstrate compliance. Upon the EPA's written notice that the 

facility has failed to demonstrate compliance with an applicable emission limit, 

the Permittee, unless an alternative schedule is given in an applicable 

requirement or compliance document, shall: 

i. Submit to the EPA written notice of retesting, submit a test plan for the 

retest, and schedule a pretest meeting at least 21 days in advance of the 

date of the retest. The pretest meeting shall be held at least seven days 

prior to the date ofthe retest, except that a shorter period shall be allowed 

if the EPA is able to accommodate such a request for a meeting; 

i i. Conduct a retest within 30 days of receipt of the EPA written notice; and 

iii. Submit a complete report ofthe results of the retest within 45 days after 

completion. 

8. The Permittee may receive an extension to the schedule if one of the following 

special circumstances applies: 

i. Seasonal or temporary shutdown of the affected emissions units; 

i i. Malfunction or breakdown of the affected emissions units, unless the EPA 

determines that a retest under such conditions is warranted in order to 

detennine the effect of the malfunction or breakdown on emissions or 

where such conditions are representative of past operation of the emissions 

units; 

iii. Weather conditions that prevent using the applicable test methods or 

prevent operation of the affected emission units at the required operating 

conditions; 

iv. Any other conditions beyond the control of the Pennittee that prevent 

using the applicable test methods or prevent operation of the affected 

emissions units at the required operating conditions; or 
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Permit*: V-PI-2704900084-2012-10 Page: 16 of 26 

v. Any other condition beyond the control of the Permittee that prevents 

completion of a retest within the required schedule. 

9. Request for a Retest Extension. The Permittee shall submit to the EPA any 

request for an extension ofthe time schedule in writing prior to the date by which 

retesting is required. The request shall specify the reason why the extension is 

needed, and include an alternative retest schedule; however, the EPA shall not 

extend a retest date more than 30 days after the start-up, completion of 

maintenance, seasonal weather change, or other improvement in the special 

conditions listed in this section. If the EPA grants an extension, the Permittee 

shall implement the alternative retest schedule. A requested extension shall not 

be effective unless the EPA has given written approval ofthe extension. A retest 

date shall not be extended beyond 30 days. 

10. Only regular operating staff may adjust the processes or emission control device 

parameters during a compliance source test. No adjustments are to be made 

within two hours of the start of the tests. Any operating adjustments made during 

a source test that are a result of consultation during the tests with source testing 

personnel, equipment vendors, or consultants may render the source test invalid. 

11. Within 45 days after completion of a NOx performance or annual test and within 

60 days after completion of a CO performance test, the Permittee shall submit a 

copy of the test results to the EPA. 

4.0 PART 71 GENERAL PERMIT REQ UI RENTS 

(A) . Definitions [40 C.F.R. § 71.2] 

Terms and conditions have the meaning assigned to them in Part 71 unless the permit 

otherwise defines the terms or references other regulations or statutes. 

(B) . Annual Fee Payment [40 C.F.R. §§ 71.6(a)(7) and 71.9] 

1. The Permittee shall pay an annual permit fee in accordance with the procedures 

outlined below. [40 C.F.R. § 71.9(a)] 

2. The Permittee shall submit an annual report of its actual emissions for the 

preceding calendar year, a fee calculation work sheet (based on the report), and 

full payment of the annual fee each year. The Permittee shall submit the annual 

report and pay the annual permit fee each year on or before the anniversary date 

of its initial fee calculation work sheet, June 20t h. The Permittee shall submit the 

annual report to: 

EPA Region 5 

Air and Radiation Division 

Air Programs Branch (AR-18J) 
N R G Backup Generation Services, Red Wing, M N 

Permit #: V-PI-2704900084-2012-10 

Issue Date: November 26, 2012 

Page: 17 of 26 

Air Permits Section 

77 West Jackson Boulevard 

Chicago, Illinois 60604 

3. The fee payment shall be in United States currency and shall be paid by money 

order, bank draft, certified check, corporate check, or electronic funds transfer 

payable to the order of the U.S. Environmental Protection Agency. 

4. The Permittee shall send the fee payment and a completed fee filing form to: 

For Regular U.S. Postal Service Mail 

U.S. Environmental Protection Agency 

FOIA and Miscellaneous Payments 

Cincinnati Finance Center 

P.O. Box 979078 

St. Louis, Missouri 63197-9000 

For Non-U.S. Postal Service Express Mail 

U.S. Bank 

Government Lockbox 979078 

U.S. EPA FOIA and Miscellaneous Payments 

1005 Convention Plaza 

SL-MO-C2-GL 

St. Louis, Missouri 63101 

5. The Permittee shall send to the address listed in condition 4.0(B)(2) of this permit 

a fee calculation worksheet and a photocopy of each fee payment check (or other 

confirmation of actual fee paid) submitted annually by the same deadline as 

required for fee payment. (The Permittee should note that an annual emissions 

report, required at the same time as the fee calculation worksheet by 40 C.F.R. § 

71.9(h), has been incorporated into the fee calculation worksheet form as a 

convenience.) 

6. Basis for calculating annual fee: 

i. The Permittee shall calculate the annual emissions fee by multiplying the 

total tons of actual emissions of all regulated pollutants (for fee 

calculation) emitted from the source, including fugitive emissions by the 

presumptive emissions fee (in dollars/ton) in effect at the time of 

calculation. 

(a). "Actual emissions" means the actual rate of emissions in tpy of 

any "regulated pollutant (for fee calculation)" emitted from a Part 

71 source over the preceding calendar year. Actual emissions shall 
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be calculated using each emissions unit's actual operating hours, 

production rates, in-place control equipment, and types of 

materials processed, stored, or combusted during the preceding 

calendar year. [40 C.F.R. § 71.9(c)(6)] 

(b) . Actual emissions shall be computed using methods required by the 

permit for determining compliance, such as monitoring or source 

testing data. [40 C.F.R. § 71.9(h)(3)] 

(c) . If actual emissions cannot be determined using the compliance 

methods in the permit, the Permittee shall use other federally 

recognized procedures. [40 C.F.R. § 71.9(e)(2)] 

(d) . The term "regulated pollutant (for fee calculation)" is defined in 

40 C.F.R. §71.2. 

(e) . Prior to the start of each calendar year, the EPA will revise for 

inflation and make available the presumptive fee amount. 

i i. The Permittee shall exclude the following emissions from the calculation 

of fees: 

(a) . The amount of actual emissions of each regulated pollutant (for fee 

calculation) that the source emits in excess of 4,000 tons per year 

[40 C.F.R. §71.9(c)(5)(i)]; 

(b) . Actual emissions of any regulated pollutant (for fee calculation) 

already included in the fee calculation [40 C.F.R. § 71.9(c)(5)(h)]; 

and 

(c) . The quantity of actual emissions (for fee calculation) of 

insignificant activities defined in 40 C.F.R. § 71.5(c)(l l)(i) or of 

insignificant emissions levels from emissions units identified in the 

Permittee's application pursuant to 40 C.F.R. § 71.5(c)(l l)(ii). [40 

C.F.R. § 71.9(c) (5) (iii)] 

7. The Permittee shall retain fee calculation worksheets and other emissions-related 

data used to determine fee payment for five years following submittal of fee 

payment. Emission-related data include, for example, emissions-related forms 

provided by the EPA and used by the Permittee for fee calculation purposes, 

emissions-related spreadsheets, and emissions-related data, such as records of 

emissions monitoring data and related support information required to be kept in 

accordance with 40 C.F.R. § 71.6(a)(3)(h). [40 C.F.R. § 71.9(i).] 

8. Failure of the Permittee to pay fees in a timely manner shall subject the Permittee 

to assessment of penalties and interest in accordance with 40 C.F.R. § 71.9(f). 

9. If notified by the EPA of underpayment of fees, the Permittee shall remit full 

payment within 30 days of receipt of notification. [40 C.F.R. § 71.9(j)(l) and (2)] 

10. If the Permittee believes that the EPA assessed fee is in error and wishes to 

challenge such fee, the Permittee shall provide a written explanation of the 
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alleged error to the EPA along with full payment of the EPA assessed fee. 

[40 C.F.R. § 71.90)(3)] 

(C). Compliance Statement [40 C.F.R. § 71. 6(a)(6)] 

1. The Permittee must comply with all conditions of this Part 71 permit. Any 

noncompliance with this permit constitutes a violation ofthe CA A and is grounds 

for: 

i. Enforcement action; 

ii. Pennit termination, revocation and reissuance, or modification; and/or 

iii. Denial of a pennit renewal application. 

2. 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 in order to maintain 

compliance with the conditions of this permit. [40 C.F.R. § 71.6(a)(6)(h)] 

(D). Compliance Certifications [40 C.F.R. § 71.6(c)(5)] 

1. The Pennittee shall submit to the EPA a certification of compliance with all 

permit terms and conditions, including emission limitations, standards, or work 

practices for the reporting period from January 1 to December 31, except the first 

reporting period shall begin on the effective date ofthis pennit and end on 

December 31. Al l reports shall be submitted to EPA and shall be postmarked by 

the 30t h day following the end of each reporting period. The compliance 

certification shall be certified as to truth, accuracy, and completeness by a 

responsible official in accordance with condition 4.0(H)(1) of this permit. The 

certification shall include the following: 

i. Identification of each permit term or condition that is the basis of the 

certification; 

i i. Identification of the method(s) or other means used for determining the 

compliance status of each term and condition during the certification 

period, and whether such methods or other means provide continuous or 

intermittent data. If necessary, the Pennittee also shall identify any other 

material infonnation that must be included in the certification to comply 

with Section 113(c)(2) of the CAA , which prohibits knowingly making a 

false certification or omitting material information; 

iii. The compliance status of each term and condition of the permit, including 

whether monitoring data is continuous and whether that data or any other 

credible evidence shows the compliance is continuous. The certification 
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shall identify each deviation and take it into account in the compliance 

certification; and 

iv. A statement indicating the compliance status ofthe source with any 

applicable enhanced monitoring and compliance certification requirements 

ofthe CAA . 

(E) . Schedule of Compliance [40 C.F.R. §§ 71.6(c)(3) and 71.5(c)(8)(iii)] 

1. For applicable requirements with which the source is in compliance, the source 

will continue to comply with such requirements. 

2. For applicable requirements that will become effective during the permit term, 

the source shall comply as required by the terms of the applicable requirement. 

(F) . Duty to Provide and Supplement Information [40 C.F.R. §§ 71.6(a)(6)(v) and 

71.5(b)] 

1. The Permittee shall furnish to the EPA, within a reasonable time, any information 

that the EPA may request in writing to determine whether cause exists for 

modifying, revoking, and reissuing, or terminating this permit or to determine 

compliance with this permit. Upon EPA's request, the Permittee shall also 

furnish to the EPA copies of records that are required to be kept pursuant to the 

terms of this permit, including information claimed to be confidential. 

Information claimed to be confidential should be accompanied by a claim of 

confidentiality according to the provisions of 40 C.F.R. Part 2, Subpart B. 

2. The Permittee, upon becoming aware that any relevant facts were omitted or 

incorrect information was submitted in the permit application, shall promptly 

submit such supplementary facts or corrected information. The Permittee shall 

also provide additional information as necessary to address any requirements that 

become applicable to the facility after this permit is issued. 

(G) . Enforceability [40 C.F.R. § 71.6(b)] 

A l l terms and conditions in this permit, including any provisions designated to limit a 

source's potential to emit, are enforceable by the EPA and citizens in accordance with the 

CAA . 

(H) . Submissions [40 C.F.R. §§ 71.5(d), 71.6 and 71.9] 

1. A responsible official of the Permittee shall certify as to the truth, accuracy, and 

completeness of any document required to be submitted by this permit. Such 

certifications shall state that based on information and belief formed after 

reasonable inquiry, the statements and information in the document are true, 
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accurate, and complete. Except as otherwise noted, the Permittee shall submit all 

documents required to be submitted by this permit to: 

EPA Region 5 

Air and Radiation Division 

Air Enforcement and Compliance 

Assurance Branch (AE-17J) 

77 West Jackson Boulevard 

Chicago, Illinois 60604 

2. The Permittee shall submit copies of permit applications, applications for pennit 

amendments, and other applicable permit infonnation, which includes but is not 

limited to installation of control equipment, replacement of an emissions unit, fee 

calculation worksheets, and applications for renewals and permit modifications 

shall be submitted to: 

EPA Region 5 

Air and Radiation Division 

Air Permits Section 

Air Programs Branch (AR-18J) 

77 West Jackson Boulevard 

Chicago, Illinois 60604 

3. The Permittee shall submit all submittals that are required by the Acid Rain 

Program, 40 C.F.R. Parts 72 through 78 to: 

U.S. Environmental Protection Agency 

Clean Air Markets Division 

Ariel Rios Building (6204J) 

1200 Pennsylvania Avenue N.W. 

Washington D.C. 20460 

(I). Severability Clause [40 C.F.R. § 71.6(a)(5)] 

The provisions of this permit are severable, and in the event of any challenge to any 

portion of this permit, or if any portion is held invalid, the remaining permit conditions 

shall remain valid and in force. 

(J). Permit Actions [40 C.F.R. § 71.6(a)(6)(iii)] 

E PA may be modify, revoke, reopen and reissue, or terminate this permit for cause. The 

filing of a request by the Permittee for a permit modification, revocation and reissuance, 

or termination, or of a notification of planned changes or anticipated noncompliance does 

not stay any permit condition. 

(K). Administrative Permit Amendments 
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The Permittee may request the use of administrative permit amendment procedures for a 

permit revision in accordance with 40 C.F.R. § 71.7(d). 

(L). Minor Permit Modifications 

The Permittee may request the use of minor permit modification procedures for those 

modifications that meet the requirements contained in 40 C.F.R. § 71.7(e)(1). 

(M). Significant Permit Modifications 

The Permittee must request the use of significant permit modification procedures for 

those modifications that meet the requirements contained in 40 C.F.R. § 71.7(e)(3). 

(N). Reopening for Cause [40 C.F.R. § 71.7(f)] 

The EPA shall reopen and revise the permit prior to expiration under any of the following 

circumstances: 

1. Additional applicable requirements under the CA A become applicable to the 

source if the remaining permit term is 3 or more years. 

2. Additional requirements (including excess emissions requirements) become 

applicable to an affected source under the acid rain program. Upon approval 

by the Administrator, excess emissions offset plans shall be deemed to be 

incorporated into the permit. 

3. EPA determines that the permit contains a material mistake or that inaccurate 

statements were made in establishing the emissions standards or other terms 

or conditions of the permit. 

4. EPA determines that the permit must be revised or revoked to assure 

compliance with the applicable requirements. 

(O). Property Rights [40 C.F.R. § 71.6(a)(6)(iv)] 

This permit does not convey any property rights of any sort, or any exclusive privilege. 

(P). Inspection and Entry [40 C.F.R. § 71.6(c)(2)] 

Upon presentation of credentials and other documents as may be required by law, the 

Permittee shall allow EPA or an authorized representative to perform the following as 

authorized by the CAA : 
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1. Enter upon the Permittee's premises where a Part 71 source is located or 

emissions-related activity is conducted, or where records must be kept under 

the conditions of the permit; 

2. Have access to and copy, at reasonable times, any records that must be kept 

under the conditions of the permit; 

3. Inspect at reasonable times any facilities, equipment (including monitoring 

and air pollution control equipment), practices, or operations regulated or 

required under the permit; and 

4. Sample or monitor, at reasonable times, substances or parameters for the 

purpose of assuring compliance with the permit or applicable requirements. 

(Q). Emergency Provisions [40 C.F.R. § 71.6(g)] 

1. In addition to any emergency or upset provision contained in any applicable 

requirement, the Permittee may seek to establish that noncompliance with a 

technology-based emission limitation under this permit was due to an emergency. 

To do so, the Permittee shall demonstrate the affirmative defense of emergency 

through properly signed, contemporaneous operating logs, or other relevant 

evidence that: 

i. An emergency occurred and that the Permittee can identify the cause(s) of 

the emergency; 

i i. The permitted facility was at the time being properly operated; 

iii. During the period ofthe emergency the Permittee took all reasonable steps 

to minimize levels of emissions that exceeded the emissions standards, or 

other requirements in this permit; and 

iv. The Permittee submitted notice of the emergency to the EPA within 2 

working days of the time when emission limitations were exceeded due to 

the emergency. This notice must contain a description of the emergency, 

any steps taken to mitigate emissions, and corrective actions taken. 

2. In any enforcement proceeding, the Permittee attempting to establish the 

occurrence of an emergency has the burden of proof. 

3. An "emergency" means any situation arising from sudden and reasonably 

unforeseeable events beyond the control ofthe source, including acts of God, 

which situation requires immediate corrective action to restore normal operation, 

and that causes the source to exceed a technology-based emission limitation 

under the permit due to unavoidable increases in emissions attributable to the 

emergency. An emergency shall not include noncompliance to the extent caused 
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by improperly designed equipment, lack of preventive maintenance, careless or 

improper operation, or operator error. 

(R). Off-Permit Changes [40 C.F.R. § 71.6(a)(12)] 

The Permittee is allowed to make certain changes without a permit revision, provided that 

the following requirements are met: 

1. The change is not addressed or prohibited by this permit; 

2. The change must comply with all applicable requirements and may not violate 

any existing permit term or condition; 

3. The change cannot be subject to any requirement of 40 C.F.R. Parts 72 through 

78 or modifications under any provision of Title I of the CAA ; 

4. The Permittee must provide contemporaneous written notice to EPA of the 

change, except if the change qualifies as an insignificant activity under 40 C.F.R. 

§ 71.5(e)(ll). The written notice must describe each change, the date of the 

change, any change in emissions, pollutants emitted and any applicable 

requirements that would apply as a result of the change; 

5. The permit shield does not apply to changes made under this provision; and 

6. The Permittee must keep a record describing all changes that result in emissions 

of any regulated air pollutant subject to any applicable requirement not otherwise 

regulated under this permit, and the emissions resulting from those changes. 

(S). Permit Expiration and Renewal [40 C.F.R. §§ 71.5 (a)(l)(iii), 71.6(a)(ll), 71.7(b), 

71.7(c)(l)(i) and (ii), 71.8(d)] 

1. This permit shall expire upon the earlier occurrence of the following events: 

i. Five years elapses from the date of issuance; or 

i i. The source is issued a Part 70 permit. 

2. Expiration of this permit terminates the Permittee's right to operate unless a 

timely and complete permit renewal application has been submitted at least six 

calendar months, but not more than eighteen calendar months, prior to the date of 

expiration of this permit. 

3. If the Permittee submits a timely and complete permit application for renewal, 

consistent with 40 C.F.R. § 71.5(a)(2), but the permitting authority has failed to 

issue or deny the renewal permit, then the permit shall not expire until the 

renewal permit has been issued or denied and any permit shield granted pursuant 
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to 40 C.F.R. § 71.6(f) may be extended beyond the original permit term until 

renewal. 

4. If the Permittee has submitted a timely and complete application for renewal, the 

Permittee's failure to have a Part 71 permit is not a violation of Part 71 until the 

E PA takes final action on the permit renewal application. This protection shall 

cease to apply if, subsequent to the completeness determination, the Permittee 

fails to submit any additional information identified as being needed to process 

the application by the deadline specified in writing by EPA. 

5. Renewal of this permit is subject to the same procedural requirements that apply 

to initial permit issuance, including those for public participation, affected State 

review, and tribal review. 

6. The application for renewal shall include the current permit number, description 

of permit revisions and off-permit changes that occurred during the permit term, 

any applicable requirements that were promulgated and not incorporated into the 

permit during the permit term, and other information required by the application 

form. 

(T). Emissions Trading [40 C.F.R. § 71.6(a)(8)] 

No Part 71 permit revision shall be required, under any approved economic incentives, 

marketable permits, emissions trading and other similar programs or processes for 

changes that are provided for in a Part 71 permit. 

(U). Acid Rain Permit Provisions [40 C.F.R. § 71.6(a)(4)] 

The Permittee may not exceed any allowances that it lawfully holds under 40 C.F.R. Part 

72 through 78. 

(V). Operational Flexibility [40 C.F.R. § 71.6(a)(13)] 

The Permittee may make changes within a permitted facility without a permit revision, 

provided the following conditions are met: 

1. The changes are not modifications under any provision of Title I ofthe CAA ; 

2. The changes do not exceed the emissions allowed under this permit (whether 

expressed therein as a rate of emissions or in terms of total emissions); and 

3. The Permittee notifies the EPA at least seven days in advance of the proposed 

changes. The written notification shall include a brief description of the change 

within the permitted facility, the date on which the change will occur, any change 

in emissions, and any permit term or condition that is no longer applicable as a 

result ofthe change. 
N R G Backup Generation Services, Red Wing, M N Issue Date: November 26, 2012 

Permit #: V-PI-2704900084-2012-10 Page: 26 of 26 

(W). Credible Evidence [62 Fed. Reg. 8314 (February 24, 1997)] 

Notwithstanding the conditions of this pennit specifying compliance practices for 

applicable requirements, any person (including the Pennittee and EPA) may also use 

other credible evidence to establish compliance or noncompliance with applicable 

requirements.