Joe Martens
Commissioner 

## New York State Department of Environmental Conservation
Division of Environmental Permits, Region 7 615 Erie Boulevard West, Syracuse, New York 13204

- 2400

Phone: (315) 426

- 7438 • Fax: (315) 426

- 7425
Website: www.dec.ny.gov



### May 16, 2012

Marion Greenhalgh Oswego Harbor Power LLC 261 Washington Blvd Oswego, NY 13126

- 1751

RE: Final Title V Permit for Oswego Harbor Power LLC Application ID# 7

- 3512

- 00030/00023

Dear Ms. Greenhalgh:

Enclosed please find the above referenced finalized permit. The permit will be effective May 16, 2012 and expire on May 16, 2015.

Please re

- read and adhere to all permit conditions.

If there are any question s, please contact me at the phone number listed above.

Sincerely,

Elizabeth A. Tracy Deputy Regional Permit Administrator

cc: DAR

- R7 David Weaver, via email

Thomas Coates

– via email EPA, Region II

- Steve Riva, via email EPA, Region II

– Yolanda Majette, via email EPA, Region II

– Gerry DeGaetano, via email

FileFacility DEC ID: 7351200030

DEC Permit Conditions Renewal 1/Mod 1/FINAL Page 1 PERMIT

Under the Environmenta l Conservation Law (ECL)

IDENTIFI CATION INFORMATION

Permit Type: Air Title V Facility

Permit ID: 7-3512-00030/00023 Mod 0 Effective Date: 05/17/2010 Expiration Date: 05/16/2015

Mod 1 Effective Date: 05/16/2012 Expiration Date: 05/16/2015

Permit Issued To:OSWEGO HARBOR POWER LLC

261 WASHINGTON BLVD OSWEGO, NY 13126

Contact: MARION GREENHALGH

OSWEGO HARBOR POWER LLC

261 WASHINGTON BLVD OSWEGO, NY 13126-1751 (315) 349-2365

Facility: OSWEGO HARBOR POWER

261 WASHINGTON BLVD OSWEGO, NY 13126

Contact: MARION GREENHALGH

OSWEGO HARBOR POWER LLC

261 WASHINGTON BLVD OSWEGO, NY 13126-1751 (315) 349-2365

Description: Mod 1 - This permit action adds permit conditions for 6NYCRR Part 249 (Best Available Retrofit Technology - BART for NOx, SO2, and PM-10) requirements and changes necessary to meet the updated 6NYCRR Part 227-2 (NOx Reasonably Available Control Technology RACT) requirements. Also, Unit 3 can no longer operate and has been removed from the permit. Additionally, conditions regaeding the burning of waste fuel have been removed to reflect the end of that capability at the facility.

Oswego Harbor Power is an electric power producer and includes the following equipment:

1. Unit 5 - (Emission Unit 5) This unit is capable of firing natural gas or oil, and its maximum heat input is 7,840 mmBTU/hr.

2. Unit 6 - (Emission Unit 6) This unit is capable of firing natural gas or oil, and its maximum heat input is 7,840 mmBTU/hr.

3. Unit 9 - (Emission Unit 9) This unit is a packag e boiler capable of firing natural gas or oil (residual or distillate). The maxi mum heat input is 78.3 mmBTU/h r firing natural gas and 74.9 mmBTU/hr firing oil.

4. Unit 10 - (Emission Unit 10) This unit is a package boiler used for station heating capable of firing natural gas or distillate oil. The maximum heat input is 90.5 mmBTU/hr.Facility DEC ID: 7351200030

DEC Permit Conditions Renewal 1/Mod 1/FINAL Page 2 5. The facility has four residual oil storage tanks with a capacity of 16,254,000 gallons each.

6. The facility operates a lime feeder at the water treatment plant.

By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regula tions, the General Conditions specified and any Special Conditions included as part of this permit.

Permit Administrator: ELIZABETH A TRACY

615 ERIE BLVD WEST SYRACUSE, NY 13204-2400

Authorized Signature: _________________________________ Date: ___ / ___ / _____Facility DEC ID: 7351200030

DEC Permit Conditions Renewal 1/Mod 1/FINAL Page 3 Notification of Other State Permittee Obligations

Item A: Permittee Accepts Legal Respons ibility and Agrees to Indemnification

The permittee expressly agrees to indemn ify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees and agents ("DEC") for all cl aims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the compliance permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in any compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws.

Item B: Permittee's Contractors to Comply with Permit

The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee.

Item C: Permittee Responsible for Obtaining Other Required Permits

The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit.

Item D: No Right to Trespass or Interfere with Riparian Rights

This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit.Facility DEC ID: 7351200030

DEC Permit Conditions Renewal 1/Mod 1/FINAL Page 4 PAGE LOCATION OF CONDITIONS

PAGE

DEC GENERAL CONDITIONS

General Provisions 5 1 Facility Inspection by the Department 5 2 Relationship of this Permit to Other Department Orders and

Determinations 5 3 Applications for permit renewals, modifications and transfers 6 4 Permit modifications, suspensions or revocations by the Department

Facility Level 6 5 Submission of application for permit modification or renewal-REGION 7 HEADQUARTERSFacility DEC ID: 7351200030

DEC Permit Conditions Renewal 1/Mod 1/FINAL Page 5 DEC GENERAL CONDITIONS

**** General Provisions   For the purpose of your Title V p ermit, the following section contains state-only enforceabl e terms and conditions.

GENERAL CONDITIONS - Apply to ALL Authorized Permits.

Condition 1: Facility Inspection by the Department Applicable State Requirement: ECL 19-0305

Item 1.1: The permitted site or facility, including relevant re cords, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3).

Item 1.2: The permittee shall provide a person to accompan y the Department's representative during an inspection to the permit area when requested by the Department.

Item 1.3: A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit.

Condition 2: Relationship of this Permit to Other Department Orders and Determinations Applicable State Requirement: ECL 3-0301 (2) (m)

Item 2.1: Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination.

Condition 3: Applications for permit renewals, modificati ons and transfers Applicable State Requirement: 6 NYCRR 621.11

Item 3.1: The permittee must submit a separate written a pplication to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing.

Item 3.2: The permittee must submit a renewal application at least 180 days before expiration of permits for Title V Facility Permits, or at least 30 days before expiration of permits for State Facility

Permits.

Item 3.3: Permits are transferrable with the approval of the department unless specifically prohibited by the statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership.Facility DEC ID: 7351200030

DEC Permit Conditions Renewal 1/Mod 1/FINAL Page 6 Condition 4: Permit modifications, suspen sions or revocations by the Department Applicable State Requirement: 6 NYCRR 621.13

Item 4.1: The Department reserves the right to exercise all available authority to modify, suspend, or revoke this permit in accordan ce with 6NYCRR Part 621. Th e grounds for modification, suspension or revocation include:

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

** ** Facility Level ****

Condition 5: Submission of ap plication for permit modification or renewal-REGION 7 HEADQUARTERS Applicable State Requirement: 6 NYCRR 621.6 (a)

Item 5.1: Submission of applications for permit modification or renewal are to be submitted to: NYSDEC Regional Permit Administrator Region 7 Headquarters

Division of Environmental Permits

615 Erie Blvd West Syracuse, NY 13204-2400 (315) 426-7400Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 1 FINAL Permit Under the En vironmental Conservation Law (ECL)

ARTICLE 19: AIR POLLUTION CONTROL - TITLE V PERMIT

IDENTIFICATION INFORMATION

Permit Issued To:OSWEGO HARBOR POWER LLC

261 WASHINGTON BLVD OSWEGO, NY 13126

Facility: OSWEGO HARBOR POWER

261 WASHINGTON BLVD OSWEGO, NY 13126

Authorized Activity By Standard Industrial Classification Code:

4911 - ELECTRIC SERVICES

Mod 0 Permit Effective Date: 05/17/2010 Permit Expiration Date: 05/16/2015

Mod 1 Permit Effective Date: 05/16/2012 Permit Expiration Date: 05/16/2015Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 2 FINAL PAGE LOCATION OF CONDITIONS

PAGE

FEDERALLY ENFORCEABLE CONDITIONS Facility Level

10 1 6 NYCRR 200.6: Acceptable Ambient Air Quality 10 1-1 6 NYCRR 201-6.5 (a) (7): Fees 10 2 6 NYCRR 201-6.5 (a) (7): Fees 10 3 6 NYCRR 201-6.5 (c): Recordkeeping and reporting of compliance monitoring 11 4 6 NYCRR 201-6.5 (c) (2): Monitoring, Related Recordkeeping, and Reporting Requirements. 11 5 6 NYCRR 201-6.5 (c) (3) (ii): Compliance Certification 13 6 6 NYCRR 201-6.5 (e): Compliance Certification

14 7 6 NYCRR 202-2. 1: Compliance Certification 15 8 6 NYCRR 202-2.5: Recordkeeping requirements 15 9 6 NYCRR Part 215: Open Fires Prohibited at Industrial and

Commercial Sites 15 1-2 6 NYCRR 215.2: Open Fires - Prohibitions 16 10 6 NYCRR 200.7: Maintenance of Equipment 17 11 6 NYCRR 201-1.7: Recycling and Salvage

17 12 6 NYCRR 201-1.8: Prohibition of Reintroduction of Collected

Contaminants to the air 17 13 6 NYCRR 201-3.2 (a): Exempt Sources - Proof of Eligibility 17 14 6 NYCRR 201-3.3 (a): Trivial Sources - Proof of Eligibility 18 15 6 NYCRR 201-6.5 (a) (4): Standard Requirement - Provide Information 18 16 6 NYCRR 201-6.5 (a) (8): General Condition - Right to Inspect 18 17 6 NYCRR 201-6.5 (d) (5): Standard Requirements - Progress Reports 19 18 6 NYCRR 201-6.5 (f) (6): Off Permit Changes 19 1-3 6 NYCRR 202-1.1: Required Emissions Tests 19 19 6 NYCRR 202-1.1: Required Emissions Tests

19 20 6 NYCRR 211.3: Visible Emissions Limited 20 21 40 CFR Part 68: Accidental release provisions. 20 22 40CFR 82, Subpart F: Recycling and Emissions Reduction 21 23 6 NYCRR Subpart 201-6: Emission Unit Definition 22 24 6 NYCRR 201-6.5 (g): Non Applicable requirements 22 1-4 6 NYCRR 211.1: Air pollution prohibited 23 25 6 NYCRR 225-1.8: Compliance Certification 23 26 6 NYCRR 227-1.3: Compliance Certification 27 27 6 NYCRR 243-1.6 (a): Permit Requirements 27 28 6 NYCRR 243-1.6 (b): Monitoring requirements 27 29 6 NYCRR 243-1.6 (c): NOx Ozone Season Emission Requirements 28 30 6 NYCRR 243-1.6 (d ): Excess emission requirements 28 31 6 NYCRR 243-1.6 (e): Recordkeeping and reporting requirements 29 32 6 NYCRR 243-2.1: Authorization and responsibilities of CAIR designated representative 30 33 6 NYCRR 243-2.4: Certificate of representation 30 34 6 NYCRR 243-8.1: General requirements 31 35 6 NYCRR 243-8.5 (d): Quarterly reports 31 36 6 NYCRR 243-8.5 (e): Compliance certification 32 37 6 NYCRR Subpart 244-1: CAIR NOx Annual Trading Program General

Conditions 33 38 6 NYCRR Subpart 244-2: Designated CAIR RepresentativePermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 3 FINAL 33 39 6 NYCRR Subpart 244-8: Compliance Certification 35 40 6 NYCRR Subpart 245-1: CAIR SO2 Trading Program General Provisions 36 41 6 NYCRR Subpart 245-2: Designated CAIR Representative 37 42 6 NYCRR Subpart 245-8: Compliance Certification 40 43 40CFR 60, NSPS Subpart A: Compliance Certification 41 44 40 CFR Part 64: Compliance Certification 41 45 40 CFR Part 72: Compliance Certification

Emission Unit Level 42 46 6 NYCRR Subpart 201-6: Emission Point Definition By Emission Unit 43 47 6 NYCRR Subpart 201-6: Process Definition By Emission Unit 47 48 6 NYCRR Subpart 201-7: Emission Unit Permissible Emissions

EU=U-00005 47 49 6 NYCRR 207.3 (d): Episode action plans. 47 50 6 NYCRR 225-1.5: Compliance Certification 48 51 6 NYCRR 225-1.7 (c): Compliance Certification

EU=U-00005 49 52 6 NYCRR 227-1.2 (a) (1): Compliance Certification 50 53 6 NYCRR 227-2.5 (b): Compliance Certification

51 1-5 6 NYCRR 227-2. 6: Compliance Certification

53 1-6 6 NYCRR 227-2. 6: Compliance Certification 54 54 6 NYCRR 227-2.6: Compliance Certification 55 1-7 6 NYCRR 249.3 (a): Compliance Certification 55 1-8 6 NYCRR 249.3 (a): Compliance Certification 56 1-9 6 NYCRR 249.3 (a): Compliance Certification 57 1-10 6 NYCRR 249.3 (a): Compliance Certification 58 1-11 6 NYCRR 249.3 (f): Compliance Certification

EU=U-00005,EP=00005

58 57 6 NYCRR 227-1.3 (a): Compliance Certification 59 58 6 NYCRR 227-1.4 (b): Compliance Certification

EU=U-00006 60 59 6 NYCRR 207.3 (d): Episode action plans. 60 60 6 NYCRR 225-1.5: Compliance Certification 61 61 6 NYCRR 227-1.2 (a) (1): Compliance Certification 62 62 6 NYCRR 227-2.5 (b): Compliance Certification 62 1-12 6 NYCRR 227-2.6: Compliance Certification 63 1-13 6 NYCRR 227-2.6: Compliance Certification 66 63 6 NYCRR 227-2.6: Compliance Certification 66 1-14 6 NYCRR 249.3 (a): Compliance Certification 67 1-15 6 NYCRR 249.3 (a): Compliance Certification 68 1-16 6 NYCRR 249.3 (a): Compliance Certification 69 1-17 6 NYCRR 249.3 (a): Compliance Certification 70 1-18 6 NYCRR 249.3 (f): Compliance Certification 70 64 40CFR 60.43(a)(1), NSPS Subpart D: Compliance Certification 72 65 40CFR 60.44(a)(1), NSPS Subpart D: Compliance Certification 73 66 40CFR 60.44(a)(2), NSPS Subpart D: Compliance Certification 74 67 40CFR 60.44(b), NSPS Subpart D: Compliance Certification

EU=U-00006,EP=00006Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 4 FINAL 75 70 6 NYCRR 227-1.3 (a): Compliance Certification 76 71 6 NYCRR 227-1.4 (b): Compliance Certification

EU=U-00009 76 72 6 NYCRR 227-1.3: Compliance Certification 77 73 6 NYCRR 227-2.5 (b): Compliance Certification

EU=U-00009,Proc=P91 78 74 6 NYCRR 225-1.2 (d): Compliance Certification 79 75 6 NYCRR 227.2 (b) (1): Compliance Certification

EU=U-00010 80 *76 6 NYCRR Subpart 201-7: Capping Monitoring Condition 82 *77 6 NYCRR Subpart 201-7: Capping Monitoring Condition 84 78 6 NYCRR 227-1.3: Compliance Certification 85 79 40CFR 60.48c(g), NSPS Subpart Dc: Compliance Certification

EU=U-00010,Proc=GAS 86 80 6 NYCRR 227-2.4 (c) (2): Compliance Certification

EU=U-00010,Proc=OIL 87 81 6 NYCRR 227-2.4 (c) (2): Compliance Certification 88 82 6 NYCRR 227.2 (b) (1): Compliance Certification 89 83 40CFR 60.42c(h), NSPS Subpart Dc: Exemption from the averaging period. 89 84 40CFR 60.42c(i) , NSPS Subpart Dc: Enforceability. 90 85 40CFR 60.43c(c), NSPS Subpart Dc: Compliance Certification 91 86 40CFR 60.43c(d), NS PS Subpart Dc: Enforceability of particulate matter and opacity standards. 91 87 40CFR 60.44c(h), NSPS Subpart Dc: Alternative compliance methods

for sulfur dioxide. 92 88 40CFR 60.45c(a), NSPS Subpart Dc: Compliance Certification 92 89 40CFR 60.46c(e), NSPS Subpart Dc: Exemption from sulfur dioxide monitoring requirements. 93 90 40CFR 60.48c(d), NSPS Subpart Dc: Compliance Certification 93 91 40CFR 60.48c(e)(11), N SPS Subpart Dc: Comp liance Certification 94 92 40CFR 60.48c(f)(1), NS PS Subpart Dc: Compliance Certification

STATE ONLY ENFORCEABLE CONDITIONS Facility Level

95 93 ECL 19-0301: Contaminant List 96 94 6 NYCRR 201-1.4: Unavoidable noncompliance and violations 97 95 6 NYCRR 211.2: Air pollution prohibited

97 1-19 6 NYCRR 211.2: Visible Emissions Limited 97 96 6 NYCRR Part 242: Compliance Demonstration

Emission Unit Level

EU=U-00005 100 1-20 6 NYCRR 227-2.5 (b): Compliance Demonstration 100 1-21 6 NYCRR 227-2.5 (c): Compliance Demonstration 101 1-22 6 NYCRR 227-2.5 (c): Compliance Demonstration

EU=U-00006 102 1-23 6 NYCRR 227-2.5 (b): Compliance Demonstration 103 1-24 6 NYCRR 227-2.5 (c): Compliance DemonstrationPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 5 FINAL 104 1-25 6 NYCRR 227-2.5 (c): Compliance Demonstration

EU=U-00009 105 1-26 6 NYCRR 227-2.5 (c): Compliance Demonstration

EU=U-00010 106 1-27 6 NYCRR 227-2.5 (c): Compliance Demonstration

NOTE: * preceding the condition number indicates capping.Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 6 FINAL FEDERALLY ENFORCEABLE CONDITIONS **** Facility Level  

NOTIFICA TION OF GENERAL PE RMITTEE OBLIGATIONS

The items listed below are not subject to the annual compliance certification requirements under Title V. P ermittees may also have other obligations under regulations of general applicability.

Item A: Emergen cy Defense - 6 NYCRR 201-1.5

An emergency constitutes an affirmative defense to an action brought for noncompliance with emissions limitations or permit conditions for

all facilities in New York State.

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

evidence that:

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

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

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

Item B: Public Access to Record keeping for Title V Facilities - 6 NYCRR 201-1.10 (b) The Department will make available to the public any permit application, compliance plan, permit, and monitoring and compliance certification report pursuant to Section 503(e) of the Act, except for information entitled to confidential treatment pursuant to 6 NYCRR Part 616 - Public Access to records and Section 114(c) of the Act.

Item C: Timely Application for th e Renewal of Title V Permits - 6 NYCRR 201-6.3 (a) (4) Owners and/or operators of facilities having an issued Title V permit shall submit a complete application at least 180 days, but not more than eighteen months, prior to the date of permit expiration for permit renewal purposes.Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 7 FINAL Item D: Certification by a Responsible Official - 6 NYCRR 201-6.3 (d) (12)

Any application, form, report or compliance certification required to be submitted pursuant to the federally enforceable portions of this permit shall contain a certific ation of truth, accuracy and completeness by a responsible official. This certification shall state that based on information and belief formed after reasonable inquiry,

the statements and information in the document are true, accurate, and complete.

Item E: Requirement to Comply With All Conditions - 6 NYCRR 201-6.5 (a) (2)

The permittee must comply with all conditions of the Title V facility permit. Any permit non-compliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.

Item F: Permit Revocation, Modification, Reopening, Reissuance or Termination, and Associated Information Submission Requirements - 6 NYCRR 201-6.5 (a) (3) This permit may be modified, revoked, reopened and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition.

Item G: Cessation or Reduction of Permitted Activity Not a Defense - 6 NYCRR 201-6.5 (a) (5)

It shall not be a defense for a permittee in an enforcement action to claim that a cessation or reduction in the permitted activity would have been necessary in order to maintain compliance with the conditions of this permit.

Item H: Property Rights - 6 NYCRR 201-6.5 (a) (6)

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

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

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

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

All permittees granted a Title V facility permit shall be covered under the protection of a permit shield, except as provided under 6 NYCRR Subpart 201-6. Compliance with the conditions of the permit shall be deemed compliance with any applicable requirements as of the date of permit issuance, provided that such applicable requirements are included and are specifically identified in the permit, or the Department, in acting on the permit application or revision,Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 8 FINAL determines in writing that other requirements specifically identified are not applicable to the major st ationary source, and the permit includes the determination or a concise summary thereof. Nothing herein shall preclude the Department from revising or revoking the permit pursuant to 6 NYCRR Part 621 or from exercising its summary abatement authority. Nothing in this permit shall alter or affect the following:

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

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

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

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

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

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

i. If additional applicable requirements under the Act become applicable where this permit's remaining term is three or more years, a reopening shall be completed not later than 18 months after promulgation of the applicable requirement. No such reopening is required if the effective date of the requirement is later than the date on which this permit is due to expire, unless the original permit or any of its terms and conditions has been extended by the Department pursuant to the provisions of Part 201-6.7 and Part 621.

ii. The Department or the Administrator determines that the permit

contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.

iii. The Department or the Administrator determines that the Title V permit must be revised or reopened to assure compliance with applicable requirements.

iv. If the permitted facility is an "affected source" subject to the requirements of Title IV of the Act, and additional requirements (including excess emissions requirements) become applicable. Upon approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the permit.Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 9 FINAL Proceedings to reopen and issue Title V facility permits shall follow the same procedures as apply to initial permit issuance but shall affect only those parts of the permit for which cause to reopen

exists.

Reopenings shall not be initiated before a notice of such intent is provided to the facility by the Department at least thirty days in advance of the date that the permit is to be reopened, except that the Department may provide a shorter time period in the case of an

emergency.

Item L: Permit Exclusion - ECL 19-0305 The issuance of this permit by the Department an d the receipt thereof by the Applicant does not and shall not be construed as barring, diminishing, adjudicating or in any way affecting any legal, administrative or equitable rights or claims, actions, suits, causes of action or demands whatsoever that the Department may have against the Applicant for violations based on facts and circumstances alleged to have occurred or existed prior to the effective date of this permit, including, but not limited to, any enforcement action authorized pursuant to the provisions of applicable federal law, the Environmental Conservation Law of the State of New York (ECL) and Chapter III of the Official Comp ilation of the Codes, Rules and Regulations of the State of New York (NYCRR). The issuance of this permit also shall not in any way aff ect pending or future enforcement actions under the Clean Air Act brought by the United States or any

person.

Item M: Federally Enforceable Re quirements - 40 CFR 70.6 (b) All terms and conditions in this permit required by the Act or any applicable requirement, including any provisions designed to limit a facility's potential to emit, are en forceable by the Administrator and citizens under the Act. The Department has, in this permit, specifically designated any terms and conditions that are not required under the Act or under any of its applicable requirements as being enforceable under only state regulations.

MANDATORY FEDERALLY ENFORCEABLE PERMIT CONDITIONS

SUBJECT TO ANNUAL CE RTIFICATIONS AT ALL TIMES

The following federally enforceab le permit conditions are mandatory for all Title V permits and are subj ect to annual complia nce certification requirements at all times.

Condition 1: A cceptable Ambient Air Quality

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fe deral Requiremen t:6 NYCRR 200.6

Item 1.1: Notwithstanding the provisions of 6 NYCRR Chapter III, Subchapter A, no person shall allowPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 10 FINAL or permit any air contamination source to emit air contaminants in quantities which alone or in combination with emissions from other air contamination sources would contravene any applicable ambient air quality standard and/or cause air pollution. In such cases where contravention occurs or may occur, the Commissioner shall specify the degree and/or method of emission control required.

Condition 1-1: Fees

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R 201-6.5 (a) (7)

Item 1-1.1: The owner and/or operator of a stationary source shall pay fees to the Department consistent with the fee schedule authorized by ECL 72-0303.

Condition 2: Fees

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R 201-6.5 (a) (7)

Item 2.1: The owner and/or operator of a stationary source shall pay fees to the Department consistent with the fee schedule authorized by ECL 72-0302.

Condition 3: Recordkeeping and reporting of compliance monitoring

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 201-6.5 (c)

Item 3.1: The following information must be included in any required compliance monitoring records and

reports:

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

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

(iii)The company or entity th at performed the analyses;

(iv) The analytical techniques or methods used including quality assurance and quality control procedures if required;

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

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

Any deviation from permit requirements must be clearly identified in all records and reports. Reports must be certified by a responsible official, consistent with Section 201-6.3 of this Part

201.

Condition 4: Monitoring, Relate d Recordkeeping, and Re porting Requirements.

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R 201-6.5 (c) (2)Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 11 FINAL Item 4.1: Compliance monitoring and recordkeeping shall be conducted according to the terms and conditions contained in this permit and shall follow all quality assurance requirements found in applicable regulations. Records of all monitoring data and support information must be retained for a period of at least 5 years from th e date of the monitoring, sampling, measurement, report, or application. Support information in cludes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit.

Condition 5: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

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

Item 5.1: The Compliance Certification activity will be performed for the Facility.

Item 5.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: To meet the requirements of this facility permit with respect to reporting, the permittee must:

Submit reports of any required monitoring at a minimum frequency of every 6 months, based on a calendar year reporting schedule. These reports shall be submitted to the Department within 30 days after the end of a reporting period. All instances of deviations from permit requirements must be clearly identif ied in such reports. All required reports must be certified by the responsible official for this facility.

Notify the Department and report permit deviations and incidences of noncompliance stating the probable cause of such deviations, and any corrective actions or preventive meas ures taken. Where the underlying applicable requirement contains a definition of prompt or otherwise specifies a time frame for reportin g deviations, that definition or time frame shall govern. Where the underlying applicable requirement

fails to address the time frame for reporting deviations, reports of deviations shall be submitted to the permitting authority based on the following schedule:

(1) For emissions of a hazardous air pollutant (as identified in an applicable regulation) that continue for more than an hour in excess of permit requirements, the report must be made within 24 hours of the

occurrence.

(2) For emissions of any regulated air pollutant, excluding those listed in paragraph (1) of this section, that continue for more than two hours in excess of permit requirements, the report must be made

within 48 hours.Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 12 FINAL (3) For all other deviations from permit requirements, the report shall be contained in the 6 month monitoring report required

above.

(4) This permit may contain a more stringent reporting requirement than required by paragraphs (1), (2) or (3) above. If more stringent reporting requirements have been placed in this permit or exist in applicable requirements that apply to this facility, the more stringent reporting requirement shall apply.

If above paragraphs (1) or (2) are met, the source must notify the permitting authority by telephone during normal business hours at the Regional Office of jurisdiction fo r this permit, attention Regional Air Pollution Control Engineer (RAPCE) according to the timetable listed in paragraphs (1) and (2) of this section. For deviations and incidences that must be reported outside of normal business hours, on weekends, or holidays, the DEC Spill Hotline phone number at

1-800-457-7362 shall be used. A written notice, certified by a responsible official consistent w ith 6 NYCRR Part 201- 6.3(d)(12), must be submitted within 10 working days of an occurrence for deviations reported under (1) and (2). All deviations reported under paragraphs (1) and (2) of this section must also be identified in the 6 month monitoring report required above.

The provisions of 6 NYCRR 201-1.4 shall apply if the permittee seeks to have a violation excused unless otherwise limited by regulation. In order to have a violation of a federal regulation (such as a new source performance standard or national emissions standard for hazardous air pollutants) excused, the specific federal regulation must provide for an affirmative de fense during start-up, shutdowns, malfunctions or upsets. Notwithstanding any recordkeeping and reporting requirements in 6 NYCRR 201-1.4, reports of any deviations shall not be on a less frequent basis than the reporting periods described in paragraphs (1) and (4) above.

In the case of any condition contained in this permit with a reporting requirement of "Upon request by regulatory agency" the permittee shall include in the semiannual report, a statement for each such condition that the monitoring or recordkeeping was performed as required or requested and a listing of all instances of deviations from these requirements.

In the case of any emission testing performed during the previous six month reporting period, either due to a request by the Department, EPA, or a regulatory requirement, the permittee shall include in the semiannual report a summary of the testing results and shall indicate whether or not the Department or EPA has approved the results.

All semiannual reports shall be submitted to the Administrator (or his or her representative) as well as two copies to the Department (one copy to the regional air pollution control engineer (RAPCE) in the regional office and one copy to the Bureau of Quality Assurance (BQA) in the DEC central office). Mailing addresses for the above referenced persons are contained in the monitoring condition for 6Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 13 FINAL NYCRR Part 201-6.5(e), containe d elsewhere in this permit.

Reporting Requirements: SE MI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 6 calendar month(s).

Condition 6: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 201-6.5 (e)

Item 6.1: The Compliance Certification activity will be performed for the Facility.

Item 6.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: Compliance certifications shall contain the following information: - the identification of each term or condition of the permit that is the basis of the certification; - the compliance status; - whether compliance was continuous or intermittent; - the method(s) used for determining the compliance status of the facility, currently and over the reporting period consistent with the monitoring and related recordkeeping and reporting requirements of this permit; - such other facts as the Department may require to determine the compliance status of the facility as specified in any special permit terms or conditions; and - such additional requirements as may be specified elsewhere in this permit related to compliance certification.

Compliance certifications shall be submitted annually. Certification reports are due 30 days after the anniversary date of four consecutive calendar quarters. The first report is due 30 days after the calendar quarter that occurs just prior ro the permit anniversary date, unless another quarter has been acceptable by the Department.

All compliance certifications shall be submitted to the Administrator (or his or her representative) as well as two copies to the Department (one copy to the regional air pollution control engineer (RAPCE) in the regional office and one copy to the Bureau of Compliance Monitoring and Enforcement (BCME) in the DEC central office). Please send annual compliance certifications to Chief of the Stationary Source Compliance Section, the Re gion 2 EPA representative for the Administrator, at the following address:

USEPA Region 2 Air Compliance Branch 290 Broadway New York, NY 10007-1866Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 14 FINAL The address for the RAPCE is as follows:

615 Erie Boulevard, West Syracuse, NY 13204-2400

The address for the BCME is as follows:

NYSDEC Bureau of Compliance Monitoring

and Enforcement 625 Broadway Albany, NY 12233-3258

Reporting Requirements: ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due on the same day each year

Condition 7: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 202-2.1

Item 7.1: The Compliance Certification activity will be performed for the Facility.

Item 7.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: Emission statements shall be submitted on or before April 15th each year for emissions of the previous calendar year.

Monitoring Frequency: ANNUALLY Reporting Requirements: ANNUALLY (CALENDAR) Reports due by April 15th for previous calendar year

Condition 8: Recordkeeping requirements

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 202-2.5

Item 8.1: (a) The following records shall be maintained for at least five years:

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

(2) records indicating how the information submitted in the emission statement was determined, including any calculations, data, measurements, and estimates used.

(b) These records shall be made available at the facility to the representatives of the department upon request during normal business hours.Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 15 FINAL Condition 9: Open Fires Proh ibited at Industrial and Commercial Sites

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR Part 215

Item 9.1: No person shall burn, cause, suffer, allow or permit the burning in an open fire of garbage, refuse, rubbish for salvage, or rubbish generated by industrial or commercial activities.

Condition 1-2: Open Fires - Prohibitions

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Fe deral Requiremen t:6 NYCRR 215.2

Item 1-2.1: Except as allowed by Title 6 NYCRR Section 215.3 , no person shall burn, cause, suffer, allow or permit the burning of any materials in an open fire.

Item 1-2.2 Per Section 215.3, burning in an open fire, provided it is not contrary to other law or regulation,

will be allowed as follows: (a) On-site burning in any town with a total population less than 20,000 of downed limbs and branches (including branches with attached leaves or needles) less than six inches in diameter and eight feet in length between May 15th and the following March 15th. For the purposes of this subdivision, the total population of a town shall include the population of any village or portion thereof located within the town. However, this subdivision shall not be construed to allow burning within any village. (b) Barbecue grills, maple sugar arches and simi lar outdoor cooking devices when actually used for cooking or processing food. (c) Small fires used for cooking and camp fires provided that only charcoal or untreated wood is used as fuel and the fire is not left unattended until extinguished. (d) On-site burning of agricultural wastes as part of a valid agricultural operation on contiguous agricultural lands larger than five acres activel y devoted to agricultural or horticultural use, provided such waste is actually grown or generated on those lands and such waste is capable of being fully burned within a 24-hour period. (e) The use of liquid petroleum fueled smudge pots to prevent frost damage to crops. (f) Ceremonial or celebratory bonfires where no t otherwise prohibited by law, provided that only untreated wood or other agricultural products are used as fuel and the fire is not left unattended until extinguished. (g) Small fires that are used to dispose of a flag or religious item, and small fires or other smoke producing process where not otherwise prohibited by law that are used in connection with a religious ceremony. (h) Burning on an emergency basis of explosive or other dangerous or contraband materials by police or other public safety organization. (i) Prescribed burns performed according to Part 194 of this Title. (j) Fire training, including firefighting, fire rescue, and fire/arson investigation training, performed under applicable rules and guidelines of the New York State Department of State's

Office of Fire Prevention and Control. For fire training performed on acquired structures, the structures must be emptied and stripped of any material that is toxic, hazardous or likely to emit toxic smoke (such as asbestos, asphalt shingles and vinyl siding or other vinyl products) prior to burning and must be at least 300 feet from other occupied structures. No more than one structure per lot or within a 300 foot radius (whichever is bigger) may be burned in a training exercise. (k) Individual open fires as approved by the Director of the Division of Air Resources as may bePermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 16 FINAL required in response to an outbreak of a plant or animal disease upon request by the commissioner of the Department of Agriculture and Markets, or for the destruction of invasive plant and insect species. (l) Individual open fires that are otherwise authorized under the environmental conservation law, or by rule or regulation of the Department.

MANDATORY FEDERALLY ENFORCEABLE PERMIT CONDITIONS

SUBJECT TO ANNUAL CERTIF ICATIONS ONLY IF APPLICABLE

The following federally enforceable permit conditions are mandatory for all Title V permits and are subj ect to annual complia nce certification requirements only if effect uated during the reporting period. [NOTE: The corresponding a nnual compliance ce rtification for

those conditions not effectuate d during the reporting period shall be specified as "not applicable".]

Condition 10: Maintenance of Equipment

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fe deral Requiremen t:6 NYCRR 200.7

Item 10.1: Any person who owns or operates an air contamination source which is equipped with an emission control device shall operate such de vice and keep it in a satisfactory state of maintenance and repair in accordance with or dinary and necessary pr actices, standards and procedures, inclusive of manufacturer's speci fications, required to operate such device effectively.

Condition 11: Recycling and Salvage

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 201-1.7

Item 11.1: Where practical, any person who owns or operates an air contamination source shall recycle or salvage air contaminants collected in an air cleaning device according to the requirements of the

ECL.

Condition 12: Prohibition of Reintroduction of Collected Contaminants to the air

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 201-1.8

Item 12.1: No person shall unnecessarily remove, handle or cause to be handled, collected air contaminants from an air cleaning device for recycling, salvage or disposal in a manner that would reintroduce them to the outdoor atmosphere.

Condition 13: Exempt Sources - Proof of Eligibility

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 201- 3.2 (a)Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 17 FINAL Item 13.1: The owner and/or operator of an emission source or unit that is eligible to be exempt may be required to certify that it operates within the specific criteria described in this Subpart. The owner or operator of any such emission source must maintain all required records on-site for a period of five years and make them available to representatives of the department upon request. Department representatives must be granted access to any facility which contains emission sources or units subject to this Subpart, during normal operating hours, for the purpose of determining compliance with this and any other State and Federal air pollution control requirements, regulations, or law.

Condition 14: Trivial Sources - Proof of Eligibility

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 201- 3.3 (a)

Item 14.1: The owner and/or operator of an em ission source or unit that is listed as being trivial in this Part may be required to certify that it operates within the specific criteria described in this Subpart. The owner or operator of any such emission sour ce must maintain all required records on-site for a period of five years and make them available to representatives of the department upon request. Department representatives must be granted access to any facility which contains emission sources or units subject to this Subpar t, during normal operating hours, for the purpose of determining compliance with this and any other State and Federal air pollution control requirements, regulations, or law.

Condition 15: Standard Requirement - Provide Information

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R 201-6.5 (a) (4)

Item 15.1: The owner and/or operator shall furnish to the department, within a reasonable time, any information that the department may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the department copies of records required to be kept by the permit or, for information claimed to be confidential, the permittee may furnish such records directly to the administ rator along with a claim of confidentiality, if the administrator initiated the request for information or otherwise has need of it.

Condition 16: General Condition - Right to Inspect

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R 201-6.5 (a) (8)

Item 16.1: The department or an authorized representative sh all be allowed upon presentation of credentials and other documents as may be required by law to:

(i) enter upon the permittee's premises where a facility subject to the permitting requirements of this Subpart is located or emissions-related activity is conducted, or where records must be kept under the conditions of the permit;

(ii) have access to and copy, at reasonable tim es, any records that must be kept under thePermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 18 FINAL conditions of the permit;

(iii) inspect at reasonable times any emission so urces, equipment (including monitoring and air pollution control equipment), practices, and operations regulated or required under the permit;

and

(iv) sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or applicable requirements.

Condition 17: Standard Requirements - Progress Reports

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R 201-6.5 (d) (5)

Item 17.1: Progress reports consistent with an applicable schedule of compliance are to be submitted at least semiannually, or at a more frequent period if specified in the appli cable requirement or by the department. Such progress reports shall contain the following:

(i) dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones or compliance were achieved; and

(ii) an explanation of why any dates in the sche dule of compliance were not or will not be met, and any preventive or corrective measures adopted.

Condition 18: Off Permit Changes

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R 201-6.5 (f) (6)

Item 18.1: No permit revision will be required for operating changes that contravene an express permit term, provided that such changes would not violate applicable requirements as defined under this Part or contravene federally enforceable monitoring (including test methods), recordkeeping, reporting, or compliance certification permit terms and conditions. Such changes may be made without requiring a permit revision, if the changes are not modifications under any provision of title I of the act and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of em issions or in terms of total emissions) provided that the facility provides the administrator an d the department with written notification as required below in advance of the proposed changes within a minimum of seven days. The facility owner or operator, and the department sh all attach each such noti ce to their copy of the relevant permit.

(i) For each such change, the written notification required above shall include a brief description of the change within the permitted facility, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result of the change.

(ii) The permit shield described in section 6 NYCRR 201-6.6 shall not apply to any change made pursuant to this paragraph.

Condition 1-3: Required Emissions Tests

Effective between the dates of 05/16/2012 and 05/16/2015Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 19 FINAL Applicable Fe deral Requirement:6 NYCRR 202-1.1

Item 1-3.1: For the purpose of ascertaining compliance or non-compliance with any air pollution control code, rule or regulation, the commissioner may require the person who owns such air contamination source to submit an acceptable re port of measured emi ssions within a stated

time.

Condition 19: Required Emissions Tests

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 202-1.1

Item 19.1: For the purpose of ascertaining compliance or non-compliance with any air pollution control code, rule or regulation, the commissioner may require the person who owns such air contamination source to submit an acceptable re port of measured emi ssions within a stated time. Such person shall bear the cost of meas urement and preparing the report of measured emissions. Failure of such person to submit a report acceptable to the commissioner within the

time stated shall be sufficient reason for the commissioner to suspend or deny a certificate to

operate.

Condition 20: Visible Emissions Limited

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fe deral Requiremen t:6 NYCRR 211.3

Item 20.1: Except as permitted by a specific part of this Subchapter and for open fires for which a restricted burning permit has been issued, no person shall cause or allow any air contamination source to emit any material having an opacity equal to or greater than 20 percent (six minute average) except for one continuous six-minute period per hour of not more than 57 percent opacity.

Condition 21: Accidental release provisions.

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federal Requirement:40 CFR Part 68

Item 21.1: If a chemical is listed in Tables 1,2,3 or 4 of 40 CFR §68.130 is present in a process in quantities greater than the threshold quantity listed in Tables 1,2,3 or 4, the following requirements will apply:

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

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

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

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

should be submitted to:Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 20 FINAL Risk Management Plan Reporting Center

C/O CSC 8400 Corporate Dr Carrollton, Md. 20785

Condition 22: Recycling and Emissions Reduction

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federal Requirement:40CFR 82, Subpart F

Item 22.1: The permittee shall comply with all applicable provisions of 40 CFR Part 82.

The following conditions are subject to annual complia nce certification requirements for Title V permits only.

Condition 23: Emission Unit Definition

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R Subpart 201-6

Item 23.1(From Mod 1): The facility is authorized to perform regulated processes under this permit for:

Emission Unit: U-00005 Emission Unit Description: Emission Unit U00005 consists of one steam generator, Unit 5, a Foster Wheeler boiler that supplies steam to a 850 MW turbine. Unit 5

fires 1.5 wt% sulfur residual oil (the federally-enforceable limit is 2.0 wt% sulfur residual oil). Beginning January 1, 2014 the BART sulfur limit will be 0.75 wt% (0.80 lb SO2/mmBtu). Particulate emissions are controlled with an electrostatic precipitator (S005C). NOx emissions are controlled with overfire air and flue gas recirculation. Flue gas from Unit 5 is vented through the No. 5 stack (00005). Unit 5 can be started up on either distillate oil or natural

gas.

Building(s): 1

Item 23.2(From Mod 1): The facility is authorized to perform regulated processes under this permit for:

Emission Unit: U-00006 Emission Unit Description: Emission Unit U00006 consists of one steam generator, Unit 6, that provides steam to a turbine capable of producing 850 MW net of electricity. This unit fires 0.75% sulfur residual oil and is capable of producing up to 245 MW by firing natural gas. The federally enforceable sulfur limit is 0.80 lbs SO2/mmBtu which is equivalent to 0.75 wt% sulfur. Unit 6 is subject to 40 CFR Part 60, subpart D.

Particulate emissions are controlled by an electrostatic precipitatorPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 21 FINAL (S006C). NOx emissions are controlled by overfire air and flue gas recirculation. Natural gas or distilla te oil may be used to ignite the boiler during startup.

Building(s): 1

Item 23.3(From Mod 1): The facility is authorized to perform regulated processes under this permit for:

Emission Unit: U-00009 Emission Unit Description: Emission Unit U00009 consists of a package boiler (Emission Source S0009) that is used for station heating. This unit is capable of firing either oil (residual and distillate) or natural gas. The maximum heat input is 78.3 mmBtu/hr when firing natural gas, and 74.9 mmBtu/hr when firing oil.

Building(s): 1

Item 23.4(From Mod 1): The facility is authorized to perform regulated processes under this permit for:

Emission Unit: U-00010 Emission Unit Description: Emission Unit U00010 consists of a model D370 boiler, manufactured by Volcano. The boiler is equipped with low NOx burners and meets the NOx RACT control requirements found in 227-2.4(c)(i). This boiler can fire either distillate oil or natural gas. The rated heat input on gas is 90.5 mmBtu/hr; the rated heat input on oil is 87.2 mmBtu/hr.

Building(s): 1

Item 23.5(From Mod 0): The facility is authorized to perform regulated processes under this permit for:

Emission Unit: U-00007 Emission Unit Description: Emission Unit U00007consists of storage tanks 1-4 (S00T1, S00T2, S00T3, and S00T4, respectively). The capacity of each oil tank is 16,254,000 gallons. The tanks are not subject to 6 NYCRR Part 229 or 40 CFR 60 Subparts K, Ka, or Kb. Th e tanks are equipped with carbon adsorbers (S0T1C, S0T2C, S0T3C, and S0T4C) for odor control.

Item 23.6(From Mod 0): The facility is authorized to perform regulated processes under this permit for:

Emission Unit: U-00008 Emission Unit Description:

Emission Source U00008 is th e feeder, on the waste water treatment plant (S0008), that delivers a caustic or lime solution.

Building(s): 2

Condition 24: Non Applicable requirements

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 201- 6.5 (g)Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 22 FINAL Item 24.1: This section contains a summary of those requireme nts that have been specifically identified as being not applicable to this facility and/or emission units, emission points, processes and/or emission sources within this facility. The summary also includes a justification for classifying any such requirements as non-applicable.

Condition 1-4: Air pollution prohibited

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Fe deral Requiremen t:6 NYCRR 211.1

Item 1-4.1: No person shall cause or allow emissions of air contaminants to the outdoor atmosphere of such quantity, characteristic or duration which are injurious to human, plant or animal life or to property, or which unreasonably interfere with the comfortable enjoyment of life or property. Notwithstanding the existence of specific air quality standards or emission limits, this prohibition applies, but is not limited to, any pa rticulate, fume, gas, mist, odor, smoke, vapor, pollen, toxic or deleterious emission, either alone or in combination with others.

Condition 25: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 225-1.8

Item 25.1: The Compliance Certification activity will be performed for the Facility.

Item 25.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: An owner or operator of a facility which purchases and fires coal and/or fuel oil shall compile and retain records of the following

information: a. fuel analyses and data on the quantities of all residual and distillate oil and coal received, burned or sold; b. the names of all purchasers of all residual and distillate oil and coal sold; c. any results of stack sampling, stack monitoring and other procedures used to ensure compliance with the provisions of 6 NYCRR

Part 225-1. Fuel analyses must contain, as a mi nimum, data on the sulfur content, specific gravity and heating value of any residual oil, distillate oil or coal received, burned or sold. Ash content shall also be included in the fuel analyses for any residua l oil or coal received, burned or

sold.

These records shall be retained for a minimum period of three years. If the facility is subject to Title V requirements the minimum record retention period shall be five years. The records shall be made available for inspection by department staff during normal business hours. In addition, copies of such records shall be furnished toPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 23 FINAL department staff upon request. All required sampling, compositing and analysis of fuel samples must be done in accordance with methods acceptable to the department.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: AS REQUIR ED - SEE MONITORING DESCRIPTION

Condition 26: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 227-1.3

Item 26.1: The Compliance Certification activity will be performed for the facility: The Compliance Certification applies to:

Emission Unit: U-00005

Emission Unit: U-00006

Item 26.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: 1. Objective

The purpose of this permit condition is to continue the Oswego Harbor Power (hereafter Oswego or Station) Opacity Reduction Program established in the previous opacity Consent Order (Case No. CO-7-19990722-26). At all times, including periods of startup, shutdown and malfunction, the Station shall maintain and operate the facility, including associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions.

2. Exempt and Excusable Activities

During no fire activities, facility operators must make reasonable efforts to control opacity, and must document any excess opacity

emission incidents in accordance with the methods specified in this permit condition. The term "reasonable efforts" includes but is not limited to pre and post cleaning of equipment as necessary to minimize

dust entrainment.

In addition to the specific category of excused excess opacity emission incidents described above, there may be other excess opacity

emission incidents that are determined to be unavoidable. In accordance with the requir ements of 6 NYCRR 201-1. 4, in order to be eligible for any claim that an excess opacity emission incident was unavoidable, including those attri butable to startup, shutdown or malfunction, the Station shall report such incident by telephone, email or fax to the Regional Air Pollution Control Engineer as soon as possible after the occurrence of the incident, during normal workingPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 24 FINAL hours, but in no event shall such report be made any later than two (2) working days after the occurrence of the incident. Within two (2) working days of the initial report, The Respondent shall submit a written report, by mail, fax or email, to the Commissioner's representative, describing the incident in detail. Such description

shall include but shall not be limited to the time and duration of the incident, the reason(s) for its o ccurrence, why the occurrence was unavoidable, and the corrective action(s) taken in response.

3. Opacity Incident Reporting ("OIR")

The station shall maintain an OIR log for recording relevant equipment and operational information for each excess opacity emission incident. An excess opacity emission incident is defined as one or more six-minute periods in which the average opacity exceeds 20%, except for one six-minute period per hour of not more than 27%, which are caused by the same set of circumstances. The OIR log shall be completed before the end of each operating shift and shall at a minimum include the following categories of information:

a. identification of the process and/or equipment involved;

b. the excess opacity emission incident start time;

c. the six-minute average opacity measurements during the excess opacity emissions incident

d. the mode of operation (f or example, cold startup);

e. a description of the excess op acity emission incident and, as necessary, a sequence of all events that led up to/caused the incident(s);

f. a description of the prelim inary cause of the excess opacity emission incident;

g. the corrective action taken, toge ther with the date and time of

same;

h. the result(s) of the corrective action taken;

I. The excess opacity emissions incident end time; and

j. the status of air cleaning equipment, including but not limited to precipitator voltage or amperage.

OIR logs shall be maintained by the Station for a period of five years and shall be made available for inspection by the Department on demand. The information contained within the OIR logs shall form the basis for more detailed root cause analysis, as set forth in item 5 of the Opacity Reduction Program, which will then be used to determine what type of excess opacity emissi on incidents are unavoidable, if any, and the corrective actions, design modifications and project/program development and implementation that may be appropriatePermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 25 FINAL to eliminate future opacity incidents.

4. Excess Emissions and Mo nitoring System Performance Reporting

The Station shall submit an accurate excess opacity emission incident and monitoring system performan ce report for each calendar year quarter in accordance with the requi rements of 6NYCRR 227-1.4. All report shall be certified by a resp onsible corporate official as true, accurate and complete, and shall be postmarked by the 60th day following the end of each calendar qu arter. Each report shall contain the following:

a. a summary page providing th e total number of exceedences; total number of unexcused exceedences; monitor down time expressed as percentage of operating time; compliance rates, based on both total reported and unexcused exceedences expressed (to the hundredth) as a percentage of operating time;

b. the magnitude, date and time of each six-minute block average during which the average opacity of emissions exceeds 20 percent, except for one six-minute block average per hour not to exceed 27

percent;

c. for each excess opacity emissi on incident, specific identification of the cause and corrective action taken;

d. identification of all periods of COMS down time, including the date, time and duration of each inoperable period, and the cause(s) and corrective action (s) for each period of COMS down time;

e. the total time in which the CO MS are required to record data during the reporting period ("time combustion installation is in service"); and

f. the total number of excess opacity emission incidents and the duration of said incidents expressed as a percentage of the total time in which the COMS are required to record data.

5. Root Cause Analysis and Corrective Actions

The Station shall identify the cau ses of excess opacity emission incidents by means of root cause analysis. By April 15 of each calendar year, the quarterly opacity reports from the prior calendar year shall be reviewed to identify any consistent patterns for excess opacity emissions incidents and to determine if past corrective actions have resulted in improvements. Excess opacity emission incident patterns that are identified shall be investigated. Corrective actions (e.g., revised maintenance procedures, equipment upgrades, etc.) shall be developed and an implementation schedule for

each corrective actions submitted to the Department by June 15 of each year, for the Department's approval . The Station may proceed with the proposed corrective actions implementation schedule upon the Department's written notice of approval of such schedule. If thePermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 26 FINAL Department fails to issue written notice of approval or objection to the proposed corrective actions implementation schedule it shall be deemed approved by the15th day afte r receipt of the proposed schedule and the Station may pr oceed with the correctiv e actions implementation schedule on the 15th day after the Department received the proposed schedule. A report detailing the progress of the approved corrective action implementation schedule shall be submitted to the Department on a semi-annual basis, with each Respondent's Title V semi- annual compliance monitoring report.

The existence of the above Opacity Reduction Program does not relieve the Station from complying with the opacity limits for unexcused

occurrences. Each unexcused occurren ce may be subject to enforcement

action.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: AS REQUIR ED - SEE MONITORING DESCRIPTION

Condition 27: Permit Requirements

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 243- 1.6 (a)

Item 27.1: The CAIR designated representative of eac h CAIR NOx Ozone Season source shall: (i) submit to the department a complete CAIR permit application under section 243-3.3 in accordance with the deadlines speci fied in section 243-3.2; and (ii) submit in a timely manner any supplemental information that the department determines is necessary in order to review a CAIR permit application and issue or deny a CAIR permit.

The owners and operators of each CAIR NOx Ozone Season source shall have a CAIR permit issued by the department under Subpart 243-3 for the source and operate the source and the unit in compliance with such CAIR permit.

Condition 28: Monitoring requirements

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 243-1.6 (b)

Item 28.1: The emissions measurements recorded and report ed in accordance with Subpart 243-8 shall be used to determine compliance by each CAIR NOx Ozone Season sour ce with the CAIR NOx Ozone Season emissions limitation under subdivision (c) of this section.

Condition 29: NOx Oz one Season Emission Requirements

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 243-1.6 (c)

Item 29.1: As of the allowance transfer deadline for a control period, the owners and operators of each

CAIR NOx Ozone Season source and each CAIR NOx Ozone Season unit at the source shall hold, in the source's compliance account, CAIR NOx Ozone Season allowances available forPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 27 FINAL compliance deductions for the control period under section 243-6.5(a) in an amount not less than the tons of total nitrogen oxides emissions for the control period from all CAIR NOx Ozone Season units at the source, as determined in accordan ce with Subpart 243-8. The CAIR NOx ozone season is the period beginning May 1 of a calendar year, except as provided in section 243-1.6(c)(2), and ending on September 30 of the same year, inclusive.

A CAIR NOx Ozone Season unit shall be subject to the requirements under paragraph (c)(1) of this section for the control period starting on the later of May 1, 2009 or the deadline for meeting the unit's monitor certification requirements under sections 243-8.1(b)(1), (2), (3), or (7) and for each control period thereafter.

A CAIR NOx Ozone Season allowance shall not be deducted, for compliance with the requirements under paragraph (c)(1) of this sec tion, for a control period in a calendar year before the year for which the CAIR NO x Ozone Season allowance was allocated.

CAIR NOx Ozone Season allowances shall be held in, deducted from, or transferred into or among CAIR NOx Ozone Season Allowance Trac king System accounts in accordance with Subparts 243-6, 243-7, and 243-9.

A CAIR NOx Ozone Season allowance is a limited authorization to emit one ton of nitrogen oxides in accordance with the CAIR NOx Ozone Season Trading Program. No provision of the CAIR NOx Ozone Season Trading Program, the CA IR permit application, the CAIR permit, or an exemption under section 243-1.5 and no provision of law shall be construed to limit the authority of the State or the United States to terminate or limit such authorization.

A CAIR NOx Ozone Season allowance does not constitute a property right.

Upon recordation by the Administrator under Subpart 243-6, 243-7, or 243-9, every allocation, transfer, or deduction of a CAIR NOx Ozone Season allowance to or from a CAIR NOx Ozone Season source's compliance accoun t is incorporated automatically in any CAIR permit of the

source.

Condition 30: Excess emission requirements

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 243-1.6 (d)

Item 30.1: If a CAIR NOx Ozone Season source emits nitrogen oxides during any control period in excess of the CAIR NOx Ozone Season emissions limitation, then:

(1) the owners and operators of the source and each CAIR NOx Ozone Season unit at the source shall surrender the CAIR NOx Ozone Season allowances required for deduction under section 243-6.5(d)(1) and pay any fine, penalty, or assessment or comply with any other remedy imposed, for the same violations, under the Act or applicable State law; and

(2) each ton of such excess emissions and each day of such control period shall constitute a separate violation of this Subpart, the Act, and applicable State law.

Condition 31: Recor dkeeping and reporting requirements

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 243-1.6 (e)Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 28 FINAL Item 31.1: Unless otherwise provided, the owners and operators of the CAIR NOx Ozone Season source

and each CAIR NOx Ozone Season unit at the source shall keep on site at the source each of the following documents for a period of five years from the date the document is created. This period may be extended for cause, at any time before the end of five years, in writing by the department or the Administrator.

(i) The certificate of representation under section 243-2.4 for the CAIR designated representative for the source and each CAIR NO x Ozone Season unit at the source and all

documents that demonstrate the truth of the stat ements in the certifi cate of representation; provided that the certificate and documents shall be retained on site at the source beyond such five-year period until such documents are supe rseded because of the submission of a new certificate of representation under section 243-2.4 changing the CAIR designated representative.

(ii) All emissions monitoring information, in accordance with Subpart 243- 8, provided that to the extent that Subpart 243-8 provides for a three-year period for recordkeeping, the three-year period shall apply.

(iii) Copies of all reports, compliance certifica tions, and other submissions and all records made or required under the CAIR NOx Ozone Season Trading Program.

(iv) Copies of all documents used to complete a CAIR permit application and any other

submission under the CAIR NOx Ozone Season Tr ading Program or to demonstrate compliance with the requirements of the CAIR NOx Ozone Season Trading Program.

Condition 32: Authorization and responsibilities of CAIR designated representative

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 243-2.1

Item 32.1: Except as provided under section 243-2.2, each CAIR NOx Ozone Season source, including all CAIR NOx Ozone Season units at the source, shall have one and only one CAIR designated representative, with regard to all matters u nder the CAIR NOx Ozone Season Trading Program concerning the source or any CAIR NOx Ozone Season unit at the source.

The CAIR designated representative of the CAIR NOx Ozone Season source shall be selected by an agreement binding on the owners and operators of the source and all CAIR NOx Ozone

Season units at the source and sh all act in accordance with the cer tification statement in section 243-2.4(a)(4)(iv).

Upon receipt by the Administrato r of a complete certificate of representation under section 243-2.4, the CAIR designated representative of the source shall represen t and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the CAIR NOx Ozone Season source represented and each CAIR NOx Ozone Season unit at the source in all matters pertaining to the CAIR NOx Ozone Season Trading Program, notwithstanding any agreement between the CAIR designated representative and such owners and operators. The owners and operators shall be bound by any decision or order issued to the CAIR designated representative by the department, the Administrator, or a court regarding the

source or unit.

No CAIR permit will be issued, no emissions data reports will be accepted, and no CAIR NOxPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 29 FINAL Ozone Season Allowance Tracki ng System account will be esta blished for a CAIR NOx Ozone Season unit at a source, until the Administrator has received a complete certificate of representation under section 243-2.4 for a CAIR designated representative of the source and the

CAIR NOx Ozone Season units at the source.

Each submission under the CAIR NOx Ozone Season Trading Program shall be submitted, signed, and certified by the CAIR designated representative for each CAIR NOx Ozone Season

source on behalf of which the submission is made. Each such submission shall include the following certification statement by the CAIR designated represen tative: "I am authorized to make this submission on behalf of the owners and operators of the source or units for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware th at there are significant penalties for submitting false statements and information or omitting requ ired statements and in formation, including the possibility of fine or imprisonment."

Condition 33: Certificate of representation

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 243-2.4

Item 33.1: Unless otherwise required by the department or the Administrator, documents of agreement

referred to in the certif icate of representation shall not be submitted to the department or the Administrator. Neither the department nor the Administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted.

Condition 34: General requirements

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 243-8.1

Item 34.1: The owners and operators, and to the extent appli cable, the CAIR designated representative, of a CAIR NOx Ozone Season unit, shall comply with the monitoring, recordkeeping, and reporting requirements as provided in this Subpart and in Subpart H of 40 CFR Part 75. For purposes of complying with such requirements, the definitions in section 243-1.2 and in 40 CFR 72.2 shall apply, and the terms "affected unit," "designa ted representative," and "continuous emission monitoring system" (or "CEMS") in 40 CFR Part 75 shall be deemed to refer to the terms "CAIR NOx Ozone Season unit," "CAIR designated representative," and "continuous emission monitoring system" (or "CEMS") respectively, as defined in section 243-1.2. The owner or operator of a unit that is not a CAIR NOx Ozone Season unit but that is monitored under 40 CFR 75.72(b)(2)(ii) shall comply with the sa me monitoring, recordkeeping, and reporting requirements as a CAIR NOx Ozone Season unit.

'Requirements for installation, cer tification, and data accounting.' The owner or operator of each

CAIR NOx Ozone Season unit shall:

(1) install all monitoring systems required under this Subpart for monitoring NOx mass emissions and individual unit heat input (including all systems required to monitor NOx emission rate, NOx concentration, stack gas moisture content, stack gas flow rate, CO2 or O2 concentration, and fuel flow rate, as applicab le, in accordance with 40 CFR 75.71 and 40 CFRPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 30 FINAL 75.72);

(2) successfully complete all certification tests required under section 243- 8.2 and meet all other requirements of this Subpart and 40 CFR Part 75 applicable to the monitoring systems under paragraph (a)(1) of this section; and

(3) record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section.

Condition 35: Quarterly reports

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 243-8.5 (d)

Item 35.1: The CAIR designated representative shall submit quarterly reports, as follows:

If the CAIR NOx Ozone Season unit is subject to an Acid Rain emissions limitation or a CAIR NOx emissions limitation or if the owner or operator of such unit chooses to report on an annual basis under this Subpart, the CAIR designated representative shall meet the requirements of Subpart H of 40 CFR Part 75 (concerning mon itoring of NOx mass emissions) for such unit for the entire year and shall report the NOx mass emissions data and heat input data for such unit, in an electronic quarterly report in a format pres cribed by the Administrator, for each calendar quarter beginning with:

(i) for a unit that commences commercial operatio n before July 1, 2007, the calendar quarter covering May 1, 2008 through June 30, 2008;

(ii) for a unit that co mmences commercial operation on or after July 1, 2007, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable

deadline for initial certification under section 243-8. 1(b), unless that quarter is the third or fourth quarter of 2007 or the first quarter of 2008 , in which case reporting shall commence in the quarter covering May 1, 2008 through June 30, 2008.

The CAIR designated representative shall submit each quarterly report to the Administrator within 30 days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in 40 CFR 75.73(f).

For CAIR NOx Ozone Season units that are also subject to an Ac id Rain emissions limitation or the CAIR NOx Annual Trading Program, CAIR SO2 Trading Program, or the Mercury Reduction Program for Coal-Fired Electric U tility Steam Generating Units (6 NYCRR Part 246), quarterly reports shall include the applicable data and information required by Subparts F through I of 40 CFR Part 75 as applicable, in addition to the NOx mass emission data, heat input data, and other information required by this Subpart.

Condition 36: Compliance certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 243-8.5 (e)

Item 36.1: The CAIR designated representative shall submit to the Administrator a compliance certification (in a format prescribed by th e Administrator) in support of each quarterly report based on reasonable inquiry of those person s with primary responsibility for ensuring that all of the unit'sPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 31 FINAL emissions are correctly and fully monitore d. The certification shall state that:

(1) the monitoring data submitted were recorded in accordance with the applicable requirements of this Subpart and 40 CFR Part 75, including the quality assurance procedures and specifications;

(2) for a unit with add-on NOx emission controls and for all hours where NOx data are substituted in accordance with 40 CFR 75.34(a)(1 ), the add-on emission controls were operating within the range of parameters listed in the quality assurance/quality control program under appendix B to 40 CFR Part 75 and the substitute data values do not systematically underestimate NOx emissions; and

(3) for a unit that is reporting on a control period basis under subparagraph (d)(2)(ii) of this section, the NOx emission rate and NOx concentration values substituted for missing data under Subpart D of 40 CFR Part 75 are calculated using only values from a control period and do not systematically undere stimate NOx emissions.

Condition 37: CAIR NOx Annual Trading Program General Conditions

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R Subpart 244-1

Item 37.1: 1) As of midnight of March 1, or midnight of the first business day thereafter if March 1 is not a business day, the owners and operators shall hold, in their compliance account, Clean Air Interstate Rule (CAIR) NOx allowances available for compliance deductions for the previous control period (January 1 throug h December 31), in an amount not less than the total tons of nitrogen oxides emissions from all CAIR NOx units at the source during that control period. A

CAIR NOx allowance shall not be deducted for a control period in a calendar year before the year for which the CAIR NOx allowance was allocated. [244-1.6(c)(1), 244-1.2(b)(5), 244-1.2(b)(36), 244-1.6(c)(3)]

2) The owners and operators shall hold in their compliance account, CAIR NOx allowances available for compliance deductions for the control period starting on the later of January 1, 2009 or the deadline for meeting a CAIR NOx unit's monitor certification requirements under section 244-8.1(b)(1), (2), or (5) and for each control period thereafter. [244-1.6(c)(2)]

3) If a CAIR NOx source emits nitrogen oxides during any control period in excess of the CAIR NOx emissions limitation, the owners and operators of the CAIR NOx source shall surrender the CAIR NOx allowances required for deduc tion under 6NYCRR Part 244-6.5(d)(1) and pay any fine, penalty, or assessment or comply with any other remedy imposed, for the same violations, under the Act or applicable State la w. Each ton of such excess emissions and each day of such control period shall constitute a se parate violation of this permit, the Act, and applicable State la w. [(244-1.6(d)]

4) Unless otherwise provided, the owners and operators of the CAIR NOx source shall keep on site each of the following documents for a period of five years from the date the document is created. This period may be exte nded for cause, at any time befo re the end of five years, in writing by the department or the Administrator: [244-1.6(e)] (i) The certificate of representation under 6NYCRR Part 244-2.4 for the CAIR designated representative for the source and a ll documents that demonstrate th e truth of the statements in the certificate of representation; provided that the certificate and documents shall be retained on site at the source beyond such five year period until such documents are superseded because of the submission of a new certificate of represen tation under 6NYCRR Part 244-2.4 changing thePermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 32 FINAL CAIR designated representative. (ii) All emissions monitoring informa tion, in accordance with 6NYCRR Part 244-8, provided that to the extent that 6NYCRR Part 244-8 provides for a three year period for recordkeeping, the three year period shall apply. (iii) Copies of all reports, compliance cer tifications, and other submissions and all records made or required under the CAIR NOx Annual Trading Program. (iv) Copies of all documents used to complete a CAIR permit application and any other submission under the CAIR NOx Annual Trading Program or to demonstrate compliance with the requirements of the CAIR NOx Annual Trading Program.

Condition 38: Designated CAIR Representative

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R Subpart 244-2

Item 38.1: 1) Each Clean Air Interstate Rule (CAIR) NOx source shall have one CAIR designated representative and may have one alternate repres entative, as per 6NYCRR Part 244-2.2, with regard to all matters under the CAIR NOx A nnual Trading Program. The CAIR designated representative shall be selected by an agreemen t binding on the owners and operators of the

source and act in accordance with the certification statement in 6NYCRR Part 244- 2.4(a)(4)(iv). Upon receipt by the Administra tor of a complete certificate of representation under 6NYCRR Part 244-2.4, the CAIR designated representative of the source shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the CAIR NOx source represented in all matters pertaining to the CAIR NOx Annual Trading Program, notwithstanding any agreement between the CAIR designated representative and such owners and operators. The owners and operators shall be bound by any decision or order issued to the CAIR designated representative by the department, the Administrator, or a court regarding the source. [244-2.1(a), (b) & (c)]

(2) Each submission under the CAIR NOx Annual Trading Program shall be submitted, signed, and certified by the CAIR designa ted representative for each CA IR NOx source on behalf of which the submission is made. Each such submission shall include the following certification statement by the CAIR designated representative: "I am authorized to make this submission on behalf of the owners and operators of the source or units for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary respon sibility 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 signifi cant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment." [244-2.1(e)]

Condition 39: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R Subpart 244-8

Item 39.1: The Compliance Certification activity will be performed for the Facility.

Regulated Contaminant(s):

CAS No: 0NY210-00-0 OXIDES OF NITROGENPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 33 FINAL Item 39.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: Monitoring and Reporting NOX emissions

(1) The owners and operators, and to the extent applicable, the CAIR designated representative shall comply with all recordkeeping and reporting requirements in this condition, the applicable recordkeeping and reporting requirements under 40 CFR 75, and the requirements of 6NYCRR Part 244-2.1(e)(1).

(2) The CAIR designated representa tive shall submit quarterly reports

of the the NOx mass emissions data and heat input data for each CAIR NOx unit, in an electronic quarterly report in a format prescribed by the Administrator, for each cale ndar quarter beginning with the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial

certification under 6NYCRR Part 244- 8.1(b), unless that quarter is the third or fourth quarter of 2007 , in which case reporting shall commence in the quarter covering January 1, 2008 through March 31,

2008.

(3) The CAIR designated represen tative shall submit each quarterly report to the Administrator within 30 days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in 40 CFR 75.73(f).

(4) For CAIR NOx units that are also subject to an Acid Rain emissions

limitation or the CAIR NOx Ozone S eason Trading Program, CAIR SO2 Trading Program, or the Mercury Reduction Program for Coal-Fired Electric Utility Steam Generating Units (6NYCRR Part 246), quarterly reports shall include the applicable data and information required by Subparts F through I of 40 CFR Part 75 as applicable, in addition to the NOx mass emission data, heat input data, and other information required by this Subpart.

(5) 'Compliance certification.' The CAIR designated representative shall submit to the Administrator a compliance certification (in a format prescribed by the Administra tor) in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit's emissions are correctly and fully monitored. The certification shall state

that:

(i) the monitoring data submitted were recorded in accordance with the applicable requirements of 6NYCRR Part 244 and 40 CFR Part 75, including the quality assurance procedures and specifications;

and

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

where NOx data are substituted in acco rdance with 40 CF R 75.34(a)(1),

the add-on emission controls were operating within the range ofPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 34 FINAL parameters listed in the quality assurance/quality control program under appendix B to 40 CFR Part 75 and the substitute data values do not systematically underestimate NOx emissions.

(6) Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of 40 CFR part 75, data shall be substituted using the applicable missing data procedures in Subpart D or Subpart H of, or appendix D or appendix E to 40 CFR part 75. [ 244-8.3(a) ]

(7) Whenever the owner or operat or makes a replacement, modification, or change in any certified continuous emission monitoring system under 6NYCRR Part 244-8.1(a)(1) that ma y significantly affect the ability of the system to accurately measure or record NOx mass emissions or heat input rate or to meet the quality-assurance and quality-control requirements of 40 CFR 75.21 or appendix B to 40 CFR Part 75, the owner or operator shall recertify the monitoring system in accordance with 40 CFR 75.20(b) . Furthermore, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit's operation that may significantly change the stack flow or concentration profile, the owner or operator shall recertify

each continuous emission monitori ng system whose accuracy is potentially affected by the cha nge, in accordance with 40 CFR 75.20(b). Examples of changes to a continuous emission monitoring system that require recertificat ion include replacement of the analyzer, complete replacement of an existing continuous emission monitoring system, or change in location or orientation of the sampling probe or site. Any fuel flowmeter system, and any excepted NOx monitoring system under appendix E to 40 CFR part 75, under 6NYCRR Part 244-8.1(a)(1) are subject to the recertification requirements in 40 CFR 75.20(g)(6). [224-8.2(d)(2)

Monitoring Frequency: CONTINUOUS Averaging Method : ANNUAL TOTAL Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 3 calendar month(s).

Condition 40: CAIR SO2 Trading Program General Provisions

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R Subpart 245-1

Item 40.1: 1) As of midnight of March 1, or midnight of the first business day thereafter (if March 1 is not a business day) for a control period, the owners and operators of each Clean Air Interstate Rule (CAIR) SO2 source shall hold, in the source's compliance account, a tonnage equivalent in CAIR SO2 allowances available for compliance de ductions for the control period (January 1 through December 31) not less than the tons of total sulfur dioxide emissions for the control period from all CAIR SO2 units at the source. A CAIR SO2 allowance shall not be deducted, for compliance with the requirements under paragraph (2) of this section, for a control period inPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 35 FINAL a calendar year before the year for whic h the CAIR SO2 allowance was allocated. [(245-1.2(b)(5), 245-1.6(c)(1), 245-1.2(b)(36), 245-1.6(c)(3)]

2) The owners and operators shall hold in their compliance account, CAIR SO2 allowances available for compliance deductions for the control period starting on the later of January 1, 2010 or the deadline for meeting a CAIR SO2 unit's monitor certification requirements under section 245-8.1(b)(1), (2), or (5) and for each control period thereafter. [245-1.6(c)(2)]

3) If a CAIR SO2 source emits sulfur dioxide during any control period in excess of the CAIR SO2 emissions limitation, the owners and operators of the source shall surrender the CAIR SO2 allowances required for deduction under 6NYCRR Part 245-6.5(d)(1) and pay any fine, penalty, or assessment or comply with any other remedy imposed, for the same violations, under the Act or applicable State law. Each ton of such excess emissions and each day of such control period shall constitute a separate violati on of this Subpart, the Act, and applicable State law. [(245-1.6(d)]

4) Unless otherwise provided, the owners and operators of the CAIR SO2 source shall keep on

site at the source each of the fo llowing documents for a period of five years from the date the document is created. This period may be extended for cause, at any time before the end of five years, in writing by the department or the Administrator: [245-1.6(e)] (i) The certificate of representation under 6NYCRR Part 245-2.4 for the CAIR designated representative for the source and a ll documents that demonstrate th e truth of the statements in the certificate of representation; provided that the certificate and documents shall be retained on site at the source beyond such five-year period until such documents are superseded because of the submission of a new certificate of represen tation under 6NYCRR Part 245-2.4 changing the CAIR designated representative. (ii) All emissions monitoring informa tion, in accordance with 6NYCRR Part 245-8, provided that to the extent that 6NYCRR Part 245-8 provides for a three-year period for recordkeeping, the three-year period shall apply. (iii) Copies of all reports, compliance cer tifications, and other submissions and all records made or required under the CAIR SO2 Trading Program. (iv) Copies of all documents used to complete a CAIR permit application and any other submission under the CAIR SO2 Trading Progra m or to demonstrate compliance with the requirements of the CAIR SO2 Trading Program.

Condition 41: Designated CAIR Representative

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R Subpart 245-2

Item 41.1: 1) Each CAIR SO2 source shall have one and only one CAIR designated representative and may have one alternate representative, as per 6 NYCRR Part 245-2.2, with regard to all matters under the CAIR SO2 Trading Program. The CAIR designated representative of the CAIR SO2 source shall be selected by an agreement binding on the owners and operators of the source and

all CAIR SO2 units at the source and shall act in accordance with the certification statement in 6NYCRR Part 245-2.4(a)(4)(iv). Upon receipt by the Administrator of a complete certificate of representation under 6NYCRR Part 245-2.4, the CAIR designated representative of the source shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the CAIR SO2 sour ce represented and each CAIR SO2 unit at the source in all matters pertaining to the CAIR SO2 Trading Program, notwithstanding any agreement between the CAIR designated repres entative and such owners and operators. The owners and operators shall be bound by any decision or order issued to the CAIR designated representative by the department, the Administrator, or a court regarding the source or unit.Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 36 FINAL [245-2.1(a), (b) & (c)]

(2) Each submission under the CAIR SO2 Trading Program shall be submitted, signed, and certified by the CAIR designated representative for each CAIR SO2 source on behalf of which the submission is made. Each such submission shall include the following certification statement by the CAIR designated representative: "I am authorized to make this submission on behalf of the owners and operators of the source or units for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary respon sibility 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 signifi cant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment." [245-2.1(e)]

Condition 42: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R Subpart 245-8

Item 42.1: The Compliance Certification activity will be performed for the Facility.

Regulated Contaminant(s):

CAS No: 007446-09-5 SULFUR DIOXIDE

Item 42.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: Monitoring and Reporting SO2 emissions:

1) The owners and operators, and to the extent applicable, the Clean Air Interstate Rule (CAIR) design ated representative, of a CAIR SO2 unit, shall comply with the monitoring, recordkeeping, and reporting requirements as provided in Subpart 6 NYCRR Part 245-8 and in 40 CFR Part 75, Subparts F and G. For purposes of complying with such requirements, the definitions in section 245-1.2 and 40 CFR 72.2 shall apply, and the terms "affected un it," "designated representative," and "continuous emission monitoring system" (or "CEMS") in 40 CFR Part 75 shall be deemed to refer to the terms "CAIR SO2 unit," "CAIR designated representative," and "continuous emission monitoring system" (or "CEMS") respectively, as defined in section 245-1.2. The owner or operator of a unit that is not a CAIR SO2 unit but that is monitored under 40 CFR 75.16(b)(2) shall comply with the same monitoring, recordkeeping, and reporting requirements as a CAIR SO2 unit. [245-8.1]

2)The owner or operator of each CAIR SO2 unit shall: [245-8.1(a)] (i) install all monitoring systems required under this Subpart for monitoring SO2 mass emissions and individual unit heat input (including all systems required to monitor SO2 concentration, stack gas moisture content, stack gas flow rate, CO2 or O2 concentration,Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 37 FINAL and fuel flow rate, as applicable, in accordance with 40 CFR 75.11 and 40 CFR 75.16); (ii) successfully complete all certification tests required under Part 245-8.2 and meet all other requirements of this section and 40 CFR Part 75 applicable to the monitoring systems under this section;

and (iii) record, report, and quality-assure the data from the monitoring systems under paragraph of this section.

3) The owner or operator shall meet the monitoring system certification and other requirements of section 245-8.1(a)(1) and (2) on or before the following dates. The owner or operator shall record, report, and quality-assure the data from the monitoring systems under section 245-8.1(a)(1) on and after the following dates. [245-8.1(b)] (i) For the CAIR SO2 unit th at commences commercial operation before July 1, 2008, by January 1, 2009. (ii) For the CAIR SO2 unit th at commences commercial operation on or after July 1, 2008, by the later of the following dates: January 1, 2009; or 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which the unit commences commercial operation.

4) Whenever the owner or operator makes a replacement, modification, or change in any certified continuous emission monitoring system under section 245-8.1(a)(1) that may significantly affect the ability of the system to accurately measure or re cord SO2 mass emissions or heat input rate or to meet the quality-assurance and quality-control requirements of 40 CFR 75.21 or appendix B to 40 CFR Part 75, the owner or operator shall recertify the monitoring system in accordance with 40 CFR 75.20(b). Furthermore, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit's operation that may significantly change the stack flow or concentration profile, the owner or operator shall recertify

each continuous emission monitori ng system whose accuracy is potentially affected by the cha nge, in accordance with 40 CFR 75.20(b). Examples of changes to a continuous emission monitoring system that require recertificat ion include: replacement of the analyzer, complete replacement of an existing continuous emission monitoring system, or change in location or orientation of the sampling probe or site. Any fuel flowmeter system under section 245-8.1(a)(1) is subject to the r ecertification requirements in 40 CFR 75.20(g)(6). [245-8.2(d)(2)]

5) Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of 40 CFR Part 75, data shall be substituted using the applicable missing data procedures in Subpart D of or appendix D to 40 CFR Part 75. [245-8.3(a)]

6) The CAIR designated representative shall comply with all recordkeeping and reporting requirements in section 245-8.3, the applicable recordkeeping and reporting requirements in Subparts F and G of 40 CFR Part 75, and the requirements of section 245-2.1(e)(1). [245-8.5(a)]Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 38 FINAL 7) The owner or operator of a CAIR SO2 unit shall comply with requirements of 40 CFR 75.62 for monitoring plans. [245-8.5(b)]

8) The CAIR designated representa tive shall submit an application to the department within 45 days after completing all initial

certification or recertification test s required under section 245-8.2, including the information required under 40 CFR 75.63. [245-8.5(c)
]

9) The CAIR designated representative shall submit quarterly reports of the SO2 mass emissions data and heat input data for each CAIR SO2 unit, in an electronic quarterly repo rt in a format prescribed by the Administrator, for each calendar quarter beginning with: [245-8.5(d)(1)] i) the calendar quarter covering January 1, 2009 through March 31,

2009 for a unit that co mmences commercial operation before July 1, 2008; or ii) for a unit that commences commercial operation on or after July 1, 2008, the calendar quarter corresponding to th e earlier of the date of provisional certification or the applicable deadline for initial certification under section 245-8.1(b), unless that quarter is the third or fourth quarter of 20 08, in which case reporting shall commence in the quarter covering January 1, 2009 through March 31,

2009.

10) The CAIR designated repres entative shall submit each quarterly report to the Administrator within 30 days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in 40 CFR 75.64. [245-8.5(d)(2)]

11) For CAIR SO2 units that are also subject to an Acid Rain emissions limitation or the CAIR NOX Annual Trading Program, CAIR NOX Ozone Season Trading Program, or the Mercury Reduction Program for Coal-Fired Electric Utility Steam Generating Units (6 NYCRR Part 246), quarterly reports shall include the applicable data and information required by Subparts F through I of 40 CFR Part 75 as applicable, in addition to the SO2 mass emission data, heat input data, and other information required by this Subpart. [245-8.5(d)(3)]

12) The CAIR designated representative shall submit to the Administrator a compliance certifica tion (in a format prescribed by the Administrator) in support of each quarterly report based on reasonable inquiry of those person s with primary responsibility for ensuring that all of the unit's emissions are correctly and fully monitored. The certification shall state that: [245-8.5(e)] i) the monitoring data submit ted were recorded in accordance with the applicable requirements of this Subpart and 40 CFR Part 75, including the quality assurance procedures and specifications; and ii) for a unit with add-on SO2 emission controls and for all hours

where SO2 data are substituted in acco rdance with 40 CF R 75.34(a)(1),

the add-on emission controls were operating within the range of parameters listed in the quality assurance/quality control programPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 39 FINAL under appendix B to 40 CFR Part 75 and the substitute data values do not systematically underestimate SO2 emissions.

Monitoring Frequency: CONTINUOUS Averaging Method : ANNUAL TOTAL Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 3 calendar month(s).

Condition 43: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federal Requirement:40CFR 60, NSPS Subpart A

Item 43.1: The Compliance Certification activity will be performed for the facility: The Compliance Certification applies to:

Emission Unit: U-00006

Emission Unit: U-00010

Item 43.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: Except as applicable under 40 CFR 75, Emission Units U00006 and U00010 are subject to the applicable general provisions of 40 CFR 60. The facility owner is responsible for complying with all applicable technical, administrative, monitoring and reporting requirements.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: AS REQUIR ED - SEE MONITORING DESCRIPTION

Condition 44: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federal Requirement:40 CFR Part 64

Item 44.1: The Compliance Certification activity will be performed for the facility: The Compliance Certification applies to:

Emission Unit: U-00005

Emission Unit: U-00006

Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 44.2: Compliance Certification shall include the following monitoring:Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 40 FINAL Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: This facility owner/operator is required to apply Compliance Assurance Monitoring (CAM) to Units 5 and 6 in regard to particulate emissions. A CAM plan was submitted with the Title V renewal application for this facility. The Department approves of the terms and implementation of the submitted CAM plan. CAM must be implemented

in accordance with th e approved plan upon issuance of this permit.

Should the Department deem it necessary to have changes made to the CAM plan, such changes shall be made and implemented by the facility owner/operator within the timeframe s specified by the Department. The facility owner/operator may also submit, for Department review and approval, changes to the CAM plan. Approved changes to the CAM plan must be implemented within the timeframes established by the Department.

Should the Department determine that a Quality Improvement Plan (QIP) is required, the facility owner operator shall develop and implement such plan within the timeframes established by the Department. Should the Department deem it necessary to have changes made to a developed QIP, such changes shall be made and implemented by the facility owner/operator within the timeframe s specified by the Department. The facility owner/operator may also submit, for Department review and approval, changes to the QIP plan. Approved changes to the QIP must be implemented within the timeframes established by the Department.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: AS REQUIR ED - SEE MONITORING DESCRIPTION

Condition 45: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federal Requirement:40 CFR Part 72

Item 45.1: The Compliance Certification activity will be performed for the Facility.

Item 45.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: Emission Unit 00005 (Boilers 3 and 5) and Emission Unit 00006 are

affected units under the Acid Rain Program. Boilers 1, 2 and 4 are retired units under 40 CFR Part 72.8. The owners must comply with the Title IV Acid Rain Permit including all monitoring and reporting requirements.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: AS REQUIR ED - SEE MONITORING DESCRIPTIONPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 41 FINAL ** ** Emission Unit Level  

Condition 46: Emission Point Definition By Emission Unit

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R Subpart 201-6

Item 46.1(From Mod 0): The following emission points are included in this permit for the cited Emission Unit:

Emission Unit: U-00005

Emission Point: 00005 Height (ft.): 700 Diameter (in.): 360 NYTMN (km.): 4812.823 NYTME (km.): 376.231

Item 46.2(From Mod 0): The following emission points are included in this permit for the cited Emission Unit:

Emission Unit: U-00006

Emission Point: 00006 Height (ft.): 700 Diameter (in.): 288 NYTMN (km.): 4812.823 NYTME (km.): 376.231

Item 46.3(From Mod 0): The following emission points are included in this permit for the cited Emission Unit:

Emission Unit: U-00007

Emission Point: 000T1 Height (ft.): 10 Diameter (in.): 17 NYTMN (km.): 4812.823 NYTME (km.): 376.231 Building: 1

Emission Point: 000T2 Height (ft.): 10 Diameter (in.): 17 NYTMN (km.): 4812.823 NYTME (km.): 376.231 Building: 1

Emission Point: 000T3 Height (ft.): 10 Diameter (in.): 17 NYTMN (km.): 4812.823 NYTME (km.): 376.231 Building: 1

Emission Point: 000T4 Height (ft.): 10 Diameter (in.): 17 NYTMN (km.): 4812.823 NYTME (km.): 376.231 Building: 1

Item 46.4(From Mod 0): The following emission points are included in this permit for the cited Emission Unit:

Emission Unit: U-00008

Emission Point: 00008Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 42 FINAL Height (ft.): 65 Diameter (in.): 25 NYTMN (km.): 4812.823 NYTME (km.): 376.231 Building: 1

Item 46.5(From Mod 0): The following emission points are included in this permit for the cited Emission Unit:

Emission Unit: U-00009

Emission Point: 00009 Height (ft.): 134 Diameter (in.): 41 NYTMN (km.): 4812.823 NYTME (km.): 376.231 Building: 1

Item 46.6(From Mod 0): The following emission points are included in this permit for the cited Emission Unit:

Emission Unit: U-00010

Emission Point: 00010 Height (ft.): 200 Diameter (in.): 42 NYTMN (km.): 4812.823 NYTME (km.): 376.231 Building: 1

Condition 47: Process Definition By Emission Unit

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R Subpart 201-6

Item 47.1(From Mod 1): This permit authorizes the following regulated processes for the cited Emission Unit:

Emission Unit: U-00005

Process: P51 Source Classification Code: 1-01-004-01 Process Description: Process identification number P51 designates residual and distillate oil firing in Unit 5.

Emission Source/Control: S0005 - Combustion Design Capacity: 7,840 million Btu per hour

Emission Source/Control: S005C - Control Control Type: ELECTROSTATIC PRECIPITATOR

Item 47.2(From Mod 1): This permit authorizes the following regulated processes for the cited Emission Unit:

Emission Unit: U-00005

Process: P52 Source Classification Code: 1-01-006-01 Process Description: Process identification number P52 designates natural gas firing in

Unit 5.

Emission Source/Control: S0005 - Combustion Design Capacity: 7,840 million Btu per hour

Item 47.3(From Mod 1):Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 43 FINAL This permit authorizes the following regulated processes for the cited Emission Unit:

Emission Unit: U-00006

Process: P61 Source Classification Code: 1-01-004-01 Process Description: Process identification number P61 designates residual oil firing in Unit 6. The boiler is subject to 40 CFR 60 Subpart D (NSPS). This process also allows co-firing of natural gas in the boiler.

Emission Source/Control: S0006 - Combustion Design Capacity: 7,840 million Btu per hour

Emission Source/Control: S006C - Control Control Type: ELECTROSTATIC PRECIPITATOR

Item 47.4(From Mod 1): This permit authorizes the following regulated processes for the cited Emission Unit:

Emission Unit: U-00006

Process: P62 Source Classification Code: 1-01-006-01 Process Description: Process identification number P62 designates natural gas firing in Unit 6. This boiler is subject to 40 CFR 60 Subpart D (NSPS).

Emission Source/Control: S0006 - Combustion Design Capacity: 7,840 million Btu per hour

Item 47.5(From Mod 1): This permit authorizes the following regulated processes for the cited Emission Unit:

Emission Unit: U-00009

Process: P91 Source Classification Code: 1-02-006-02 Process Description:

Process identification nu mber P91 identifies oil (residual and distillate) combustion in the Zurn package boiler.

Emission Source/Control: S0009 - Combustion Design Capacity: 78.3 million Btu per hour

Item 47.6(From Mod 1): This permit authorizes the following regulated processes for the cited Emission Unit:

Emission Unit: U-00009

Process: P92 Source Classification Code: 1-02-005-01 Process Description: Process identification number P92 identifies natural gas combustion in the Zurn package boiler.

Emission Source/Control: S0009 - Combustion Design Capacity: 78.3 million Btu per hour

Item 47.7(From Mod 1): This permit authorizes the following regulated processes for the cited Emission Unit:Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 44 FINAL Emission Unit: U-00010

Process: GAS Source Classification Code: 1-01-007-02 Process Description: This process allows the use of natural gas to be fired in the Volcano

D3 70 unit.

Emission Source/Control: S0010 - Combustion

Item 47.8(From Mod 1): This permit authorizes the following regulated processes for the cited Emission Unit:

Emission Unit: U-00010

Process: OIL Source Classification Code: 1-01-007-02 Process Description: This process allows the use of distillate oil to be fired in the

Volcano D3 70 unit.

Emission Source/Control: S0010 - Combustion

Item 47.9(From Mod 0): This permit authorizes the following regulated processes for the cited Emission Unit:

Emission Unit: U-00007

Process: PT1 Source Classification Code: 3-90-900-06 Process Description:

Process PT1 identifies stori ng residual oil in Storage Tank #1 with a capacity of 16,254,000 gallons.

Emission Source/Control: S0T1C - Control Control Type: ACTIVATED CARBON ADSORPTION

Emission Source/Control: S00T1 - Process Design Capacity: 16,254 1000 gallons

Item 47.10(From Mod 0): This permit authorizes the following regulated processes for the cited Emission Unit:

Emission Unit: U-00007

Process: PT2 Source Classification Code: 3-90-900-06 Process Description:

Process PT2 identifies stori ng residual oil in Storage Tank #2 with a capacity of 16,254,000 gallons.

Emission Source/Control: S0T2C - Control Control Type: ACTIVATED CARBON ADSORPTION

Emission Source/Control: S00T2 - Process Design Capacity: 16,254 1000 gallons

Item 47.11(From Mod 0): This permit authorizes the following regulated processes for the cited Emission Unit:

Emission Unit: U-00007

Process: PT3 Source Classification Code: 3-90-900-06Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 45 FINAL Process Description:

Process PT3 identifies stori ng residual oil in Storage Tank #3 with a capacity of 16,254,000 gallons.

Emission Source/Control: S0T3C - Control Control Type: ACTIVATED CARBON ADSORPTION

Emission Source/Control: S00T3 - Process Design Capacity: 16,254 1000 gallons

Item 47.12(From Mod 0): This permit authorizes the following regulated processes for the cited Emission Unit:

Emission Unit: U-00007

Process: PT4 Source Classification Code: 3-90-900-06 Process Description:

Process PT4 identifies stori ng residual oil in Storage Tank #4 with a capacity of 16,254,000 gallons.

Emission Source/Control: S0T4C - Control Control Type: ACTIVATED CARBON ADSORPTION

Emission Source/Control: S00T4 - Process Design Capacity: 16,254 1000 gallons

Item 47.13(From Mod 0): This permit authorizes the following regulated processes for the cited Emission Unit:

Emission Unit: U-00008

Process: PLS Source Classification Code: 3-05-104-96 Process Description:

Process PLS identifies the li me feeder process at the water treatment plant.

Emission Source/Control: S0008 - Process

Condition 48: Emission Unit Permissible Emissions

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R Subpart 201-7

Item 48.1: The sum of emissions from all regulated processes specified in this permit for the emission unit

cited shall not exceed the following Po tential to Emit (PTE) rates for each regulated contaminant:

Emission Unit: U-00010

CAS No: 007446095 (From Mod 1)

Name: SULFUR DIOXIDE PTE(s): 78,000 pounds per year

CAS No: 0NY210000 (From Mod 1)

Name: OXIDES OF NITROGENPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 46 FINAL PTE(s): 78,000 pounds per year

Condition 49: Episode action plans.

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 207.3 (d)

Item 49.1: This Condition applies to Emission Unit: U-00005

Item 49.2: Any person who owns an air contamination source for which an episode action plan has been issued or approved shall take whatever actions are prescribed by this episode action plan when an air pollution episode is in effect.

Condition 50: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 225-1.5

Item 50.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00005

Regulated Contaminant(s):

CAS No: 007446-09-5 SULFUR DIOXIDE

Item 50.2: Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM) Monitoring Description:

Title 6 NYCRR Part 225-1.2 li mits the sulfur content of the fuel oil burned in this facility to no greater than 1.5% sulfur, by weight. (This limit is state-en forceable only. The federally applicable limit is 2.0% sulfur by weight.) Purs uant to Title 6 NY CRR Part 225-1.5(b), the owners and operators of this unit will comply with an equivalent emissions limit, 1.6 lb SO2/mmBtu based on a 3 hour rolling average. (The applicable federally-enforceable limit will be 2.1 lb SO2/mmBtu.) Oswego Harbor Power LLC may use fuels with a sulfur content greater than that allowed provided they ar e either blended down to a lower

sulfur content and/or co-fired with other fuels allowing total heat input of all fuels combined to determine compliance. SO2 emissions will be monitored and recorded continuously using continuous emissions monitors installed, operated and main tained in accordance with 40 CFR Part 75 and the Acid Rain CEM monitoring Plan. The bias factors need not be applied to the SO2 emissions rate determination.

Pursuant to Part 225, the owners and operators of this unit must report to the DEC emissions of SO2 on a calendar quarter basis. Such reports must be submitted in a form at acceptable to the Department no later than 30 days after the end of each quarter. For each periodPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 47 FINAL when emissions exceed the allowabl e limit, the owners and operators must report the magnitude of th e exceedance, the duration of the exceedance, the cause of the exceed ance and the corrective action

taken to correct the exceedance. The owners and operators of this unit must report to the Department, no later than 30 days after the end of each calendar quarter, the availability of the monitoring systems in a format acceptable to the Department.

Manufacturer Name/Model Number: CE M meeting 40 CFR 75 requirements

Parameter Monitored: SULFUR DIOXIDE Upper Permit Limit: 1.6 pounds per million Btus

Reference Test Method: 40 CFR 75 Monitoring Frequency: CONTINUOUS Averaging Method: 3-HOUR BLOCK AVERAGE Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 3 calendar month(s).

Condition 51: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 225-1.7 (c)

Item 51.1: The Compliance Certification activity will be performed for the facility: The Compliance Certification applies to:

Emission Unit: U-00005

Emission Unit: U-00006

Emission Unit: U-00009

Emission Unit: U-00010

Item 51.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: Part 225-1.7(c) requires that measurements must be made daily of the rate of each fuel burned. Also, the facility must measure the gross

heat content and ash content of each fuel burned (determined at least once per week), and the average el ectrical output (daily) and hourly generation rate. This information must be retained by the source owner for a period of five years.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST METHOD

INDICATED Reporting Requirements: SE MI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010.Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 48 FINAL Subsequent reports are due every 6 calendar month(s).

Condition 52: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R 227-1.2 (a) (1)

Item 52.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00005

Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 52.2: Compliance Certification shall include the following monitoring:

Monitoring Type: INTER MITTENT EMISSION TESTING Monitoring Description: No person shall cause or allow an emission into the outdoor atmosphere of particulates in excess of 0.10 pound per million BTU heat input from any combustion installation with a maximum heat input exceeding 250 million Bt u per hour using oil.

A particulate emissions test shall be conducted once per permit term using 40 CFR Part 60, Appendix A, Method 5.

Upper Permit Limit: 0.10 pounds per million Btus

Reference Test Method: METHOD 5 OR OTHER Monitoring Frequency: ONCE DU RING THE TERM OF THE PERMIT Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST METHOD

INDICATED Reporting Requirements: ONCE / BA TCH OR MONITORING OCCURRENCE

Condition 53: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 227-2.5 (b)

Item 53.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00005

Regulated Contaminant(s):

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

Item 53.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: Part 227-2.5(b) allows system-wide NOx averaging. Oswego HarborPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 49 FINAL Power must comply with the Btu wei ghted NRG system-wide averaging plan dated February 24, 2000. Pursuant to Part 227-2.6(b)(5), Oswego Harbor Power will use continuous emission monitors to certify compliance. The CEMs must be installed, operated and maintained in

accordance with 40 CFR Part 75.

During the ozone season, May 1 - September 15, compliance must be demonstrated on a 24 hour averag e. During all other times, compliance will be on a 30 day rolling average.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 3 calendar month(s).

Condition 1-5: Compliance Certification

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 227-2.6

Item 1-5.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00005

Item 1-5.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: This condition is valid on and after July 1, 2014.

the owner and operator of an emission source must:

(a) calculate all 24-hour daily heat input-weighted average NOx emission rates from block hourly arithmetic emission rate averages calculated by the CEMS and expressed in terms of pounds of NOx per million Btu;

(b) demonstrate compliance with th e appropriate emission limit under section 227-2.4 of this Subpart by using a CEMS for measuring NOx and calculating a 24-hour daily heat in put-weighted average NOx emission rate. Facilities that are subject to 40 CFR part 75 will calculate their NOx emission rate using part 75 monitoring requirements. Facilities that are not subject to 40 CFR part 75 may calculate their NOx emission rate using either 40 CFR part 60, appendix A, method 19 or 40 CFR part 75. A 30-day ro lling heat input-weighted average emission rate may be used to demonstrate compliance with the appropriate emission limit under sec tion 227-2.4 of this Subpart from October 1st to April 30th for emission sources other than combustion turbines; and

(c) determine the 24-hour daily heat input-weighted average NOxPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 50 FINAL emission rate based on the heat input-weighted average of the block hourly arithmetic average emission rates during each 24-hour daily period from 12:00 AM to 12:00 AM the following day using CEMS data. The block hourly heat input-weight ed average emission rate must be calculated for each one-hour period starting with the period 12:00 AM to 1:00 AM and continuing through until the last period 11:00 PM to 12:00 AM; or, starting with the period 12:00 PM to 1:00 PM and continuing through the last period 11:00 AM to 12:00 PM. The 30-day rolling heat input-weighted average must be the average of the 24-hour daily heat input-weighted NOx emission rate.

(i) At a minimum, valid CEMS data must be obtained for 90 percent of the operating hours in each calendar quarter that the subject facility is operating.

(ii) All valid CEMS data must be used in calculating emission rates even if the minimum data requiremen ts of subparagraph (i) of this paragraph are not met.

(iii) The procedures u nder 40 CFR part 60, appendix B, Performance Specification 2; and any additi onal criteria specified by the department must be followed for the installation, evaluation, and operation of the CEMS.

(iv) Along with any specific additional data requirements mandated by the department for a particular emission source, annual recertifications, quarterly accur acy, and daily calibration drift tests must be performed in accordance with 40 CFR part 60, appendix F or 40 CFR part 75, as applicable.

(v) When NOx emissions data are not obtained because of CEMS downtime, emission data shall be obtained by using the 90th percentile value of

all CEMS NOx emission data coll ected over the last 180 days. Alternatively the owner or operator of a facility subject to part CFR 75 may use 40 CFR part 75 data substitution procedures for periods

when no valid CEMS data is available.

(4) CEMS recordkeeping and reporting requirements.

(i) The owner or operator of an emission source must notify the department of the planned initial start-up date of any new

CEMS.

(ii) Protocols, reports, summaries, compliance plans and schedules, and any other information required to be submitted to the department under provisions of this Subpart must be sent (in either hardcopy or electronically) as follows:

(a) one copy to the Division of Air Resources, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233; and

(b) one copy to the regional air pollution control engineer at the appropriate regional office of the department.Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 51 FINAL (iii) Emissions, monitoring, and operating parameter records or measurements required by this Subpart, quarterly and annual summaries, and any additional parameters required by the department must be maintained for at least five years and made available to the department upon request.

(iv) Following each calendar quart er, the owner or operator must tabulate and summarize applicable em issions, monitoring, and operating parameter measurements recorded during the preceding three months (including but not limited to type and amount of fuel burned on a daily basis, heat content of the fuel, total heating value of the fuel consumed on a daily basis, the actual NOx emission rate, the allowable NOx emission rate, and the summation of the emission sources included in a system averaging plan). These records must be submitted to the department within 30 days following the end of each calendar quarter in a format acceptable to the department and must include:

(a) the average NOx emission rates as specified under paragraph (3) of this subdivision. (With the exception of emission sources subject to paragraph (a)(4) of this Section, emission sources are to record and tabulate block hourly average emission rates, but do not need to included the block hourly average emission rates in the quarterly summaries);

(b) identification of the operating hours when NOx emissions data are

not included in the calculation of the average emission rate and the reasons for not including that data; and

(c) the results of accuracy assessments as required by 40 CFR part 60, appendix F and any additional data quality information required by the department.

(v) The owner or operator of an emission source must submit the initial compliance test data, the performance evaluation of the CEMS found in 40 CFR part 60, appendix B, and the maximum heat input capacity.

Monitoring Frequency: CONTINUOUS Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2012. Subsequent reports are due every 3 calendar month(s).

Condition 1-6: Compliance Certification

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 227-2.6

Item 1-6.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00005Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 52 FINAL Item 1-6.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: This permit condition is valid through June 30, 2014.

The owners and operators of this emission unit must monitor NOx emissions using continuous emissions monitors installed, operated and

maintained in accordance with 40 CFR Part 75. Bias factors required under Part 75 are not required when determining compliance. Hourly emissions and heat input must be used to compute BTU-weighted 24 hour block averages or 30 - day rolling averages. During periods of CEM downtime, emissions data substituted pursuant to 40 CFR Part 75, Subpart D and Appendix C will not be used for purposes of NOx RACT compliance.

Emissions reports must be submitted no later than 30 days after the end of the calendar quarter. Such reports shall be in a format acceptable to the Department.

Monitoring Frequency: CONTINUOUS Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2012. Subsequent reports are due every 3 calendar month(s).

Condition 54: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 227-2.6

Item 54.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00005

Item 54.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: The owners or operators of this Unit 5 must monitor NOx emissions using continuous emissions monitors installed, operated and maintained

in accordance with 40 CFR Part 75. Bias fact ors required under Part 75 are not required when determini ng compliance. Hourly emissions and heat input must be used to compute BTU-weighted 24 hour block averages or 30 - day rolling aver ages. During periods of CEM downtime, emissions data substituted pursuant to 40 CFR Part 75, Subpart D and Appendix C will not be used for purposes of NOx RACT compliance.

The procedures of 40 CFR Part 75, Appendix E will be used to assessPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 53 FINAL compliance with the NOx RACT regulations for Unit 3, provided the owners and operators have an approved Acid Rain CEM Monitoring plan

from EPA.

Emissions reports must be submitted no later than 30 days after the end of the calendar quarter. Such reports shall be in a format acceptable to the Department.

Monitoring Frequency: CONTINUOUS Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 3 calendar month(s).

Condition 1-7: Compliance Certification

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 249.3 (a)

Item 1-7.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00005

Regulated Contaminant(s):

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

Item 1-7.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: This Unit is subject to the BART regional haze requirements. As a result of the required BART analysis, the current level of particulate control (ESP in its current configuration) has been determined to meet the BART requirements. Other conditions in this permit containing particulate (6 NYCRR Part 227-1.2(a)(1) particulate matter emissions limited to 0.10 lb/mmBtu) requirements and opacity (6 NYCRR Part 227-1.3 opacity limited to 20% based on a six-minute average period, except for one six-minute period per hour of not more than 27%) requirements will be used to ensure compliance for the current control technology. Monitoring and reporting shall also be performed as per these other permit conditions.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: AS REQUIR ED - SEE MONITORING DESCRIPTION

Condition 1-8: Compliance Certification

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 249.3 (a)

Item 1-8.1: The Compliance Certification activity will be performed for:Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 54 FINAL Emission Unit: U-00005

Regulated Contaminant(s):

CAS No: 007446-09-5 SULFUR DIOXIDE

Item 1-8.2: Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE

PARAMETERS AS SURROGATE Monitoring Description: The owners and operators of this facility shall not purchase or obtain any fuel oil, for burning in this unit, that has a sulfur content exceeding 0.5 wt %. Exempted from this condition is any oil that was onsite or at the South Oswego Terminal facility (ID # 7-3542-00024) as of August 4, 2010.

Process Material: FUEL OIL

Parameter Monitored: SULFUR CONTENT Upper Permit Limit: 0.5 percent by weight Monitoring Frequency: PER DELIVERY Averaging Method: MAXIMUM - NOT TO BE EXCEEDED AT ANY TIME (INSTANTANEOUS/DISCRETE OR GRAB) Reporting Requirements: SE MI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2012. Subsequent reports are due every 6 calendar month(s).

Condition 1-9: Compliance Certification

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 249.3 (a)

Item 1-9.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00005

Regulated Contaminant(s):

CAS No: 007446-09-5 SULFUR DIOXIDE

Item 1-9.2: Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM) Monitoring Description: This Unit is subject to the BART regional haze requirements. As a result of the required BART analysis, a limit for SO2 emissions has

been established.

On and after January 1, 2014, this Emission unit is limited to burning

fuel with a sulfur content of no more than 0.75 wt%. The owners and operators of this unit will comply with an equivalent emissions limit,Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 55 FINAL 0.80 lb SO2/mmBtu based on a 3-hour rolling average.

SO2 emissions will be monitored and recorded continuously using continuous emissions monitors installed, operated and maintained in

accordance with 40 CFR Part 75 and th e Acid Rain CEM monitoring Plan.

The bias factors need not be a pplied to the SO2 emissions rate

determination.

The owners and operators of this unit must report to the DEC emissions of SO2 on a calendar quarter basis. Such reports must be submitted in a format acceptable to the Department no later than 30 days after the end of each quarter. For each period when emissions exceed the allowable limit, the owners and operators must report the magnitude of the exceedance, the duration of th e exceedance, the cause of the

exceedance and the corrective action taken to correct the exceedance.

Manufacturer Name/Model Number: CE M meeting 40 CFR 75 requirements

Parameter Monitored: SULFUR DIOXIDE Upper Permit Limit: 0.80 pounds per million Btus

Reference Test Method: 40 CFR 75 Monitoring Frequency: CONTINUOUS Averaging Method: 3-HOUR ROLLING AVERAGE Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2012. Subsequent reports are due every 3 calendar month(s).

Condition 1-10: Compliance Certification

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 249.3 (a)

Item 1-10.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00005

Regulated Contaminant(s):

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

Item 1-10.2: Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE

PARAMETERS AS SURROGATE Monitoring Description: This Unit is subject to the BART regional haze requirements. As a result of the required BART analysis, a determination was made that an economically feasible control option, beyond current control, does not exist for this unit as it currently operates. An emission limitation

has been established below the threshold that would make an additional control option economically feasible. This emission limitation has also been established to cover the economic feasibility threshold for

the 6 NYCRR Part 227-2 NOx RACT cont rol requirements that are requiredPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 56 FINAL to be in place by July 1, 2014.

On and after January 1, 2014, this Emission unit is limited to emitting no more than 383 tons of NOx per year, based on a 12 month rolling total. The owners and operators of this emission unit shall calculate monthly and 12 month totals for each calendar month. The CEM data already required to be recorded for this emission unit shall be used to calculate the monthly and 12 month totals.

Parameter Monitored: OXIDES OF NITROGEN Upper Permit Limit: 383 tons per year Monitoring Frequency: MONTHLY Averaging Method: 12-month total, rolled monthly Reporting Requirements: SE MI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2012. Subsequent reports are due every 6 calendar month(s).

Condition 1-11: Compliance Certification

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 249.3 (f)

Item 1-11.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00005

Item 1-11.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: The permit conditions (including monitoring and reporting) in this permit for NOx, SO2, and/or PM10 established under Part 249, are based on New York's Best Available Retrofit Technology (BART) Rule (6 NYCRR Part 249), are effective on the date of this permit's issuance, and

are state-enforceable. Fede ral enforceability of these facility-specific permit conditions is effective on the date on which the requirements contained in these permit conditions, as submitted to

EPA as a revision to New York Stat e's Implementation Plan for Regional Haze, are published in the Federal Register.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: AS REQUIR ED - SEE MONITORING DESCRIPTION

Condition 57: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 227- 1.3 (a)

Item 57.1: The Compliance Certification activity will be performed for:Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 57 FINAL Emission Unit: U-00005 Emission Point: 00005

Item 57.2: Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE

PARAMETERS AS SURROGATE Monitoring Description: No owner or operator of a combustion installation shall emit greater than 20 percent opacity except for one six minute period per hour, not to exceed 27 percent, based upon the six minute average utilizing a continuous opacity monitor (COM).

Parameter Monitored: OPACITY Upper Permit Limit: 20 percent Monitoring Frequency: CONTINUOUS Averaging Method: 6 MINUTE AVERAGE Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 3 calendar month(s).

Condition 58: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 227-1.4 (b)

Item 58.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00005 Emission Point: 00005

Item 58.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: The owner or operator of a stationary combustion installation which utilizes a continuous opacity monitoring system (COMS) shall include the following in their quart erly excess emission reports:

1) Magnitude, date, and time of each exceedence;

2) For each period of excess emissions, specific identification of the cause and corrective action taken;

3) Date, time, and duration of each period of COMS do wntime, and the

corrective action for each period of downtime;

4) Total time the COMS is required to record data during the reporting period;

5) The total number of exceedences and the duration of exceedencesPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 58 FINAL expressed as a percentage of the total time in which the COMS are required to record data; and

6) Such other requirements as the Department may deem necessary in

order to enforce Article 19 of the Environmental Conservation Law (ECL).

Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 3 calendar month(s).

Condition 59: Episode action plans.

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 207.3 (d)

Item 59.1: This Condition applies to Emission Unit: U-00006

Item 59.2: Any person who owns an air contamination source for which an episode action plan has been issued or approved shall take whatever actions are prescribed by this episode action plan when an air pollution episode is in effect.

Condition 60: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 225-1.5

Item 60.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00006

Regulated Contaminant(s):

CAS No: 007446-09-5 SULFUR DIOXIDE

Item 60.2: Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM) Monitoring Description:

Title 6 NYCRR Part 225-1.2 li mits the sulfur content of the fuel oil burned in this facility to no greater than 0.75% sulfur, by weight. Pursuant to Title 6 NYCRR Part 225-1.5(b), the owners and operators of this unit will comply with an equivalent emissions limit, 0.80 lb SO2/mmBtu based on a 3 hour rolling average. Oswego Harbor Power LLC may use fuels with a sulfur content greater than that allowed provided they are either blended down to a lower sulfur content and/or co-fired with other fuels allowing total heat input of all fuels combined to determine compliance. SO2 emissions will be monitored and recorded continuously using continuous emissions monitors installed, operatedPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 59 FINAL and maintained in accordance with 40 CFR Part 75 and the Acid Rain CEM monitoring Plan. The bias factors need not be applied to the SO2

emissions rate determination.

Pursuant to Part 225, the owners and operators of this unit must report to the DEC emissions of SO2 on a calendar quarter basis. Such reports must be submitted in a form at acceptable to the Department no later than 30 days after the end of each quarter. For each period

when emissions exceed the allowabl e limit, the owners and operators must report the magnitude of th e exceedance, the duration of the exceedance, the cause of the exceed ance and the corrective action

taken to correct the exceedance. The owners and operators of this unit must report to the Department, no later than 30 days after the end of each calendar quarter, the availability of the monitoring systems in a format acceptable to the Department.

Manufacturer Name/Model Number: CE M meeting 40 CFR 75 requirements

Parameter Monitored: SULFUR DIOXIDE Upper Permit Limit: 0.8 pounds per million Btus

Reference Test Method: 40 CFR 75 Monitoring Frequency: CONTINUOUS Averaging Method: 3-HOUR BLOCK AVERAGE Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 3 calendar month(s).

Condition 61: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R 227-1.2 (a) (1)

Item 61.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00006

Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 61.2: Compliance Certification shall include the following monitoring:

Monitoring Type: INTER MITTENT EMISSION TESTING Monitoring Description: Pursuant to 6 NYCRR 227-1 and 40 CFR 60.42(a)(1), no person shall cause or allow an emission into the outdoor atmosphere of particulates in excess of 0.10 pound per million BTU heat input from any combustion installation with a maximum heat input exceeding 250 million Btu per hour using oil.

A particulate emissions test shall be conducted once per permit term using 40 CFR Part 60, Appendix A, Method 5.Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 60 FINAL Upper Permit Limit: 0.10 pounds per million Btus

Reference Test Method: METHOD 5 OR OTHER Monitoring Frequency: ONCE DU RING THE TERM OF THE PERMIT Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST METHOD

INDICATED Reporting Requirements: ONCE / BA TCH OR MONITORING OCCURRENCE

Condition 62: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 227-2.5 (b)

Item 62.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00006

Regulated Contaminant(s):

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

Item 62.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: Part 227-2.5(b) allows system-wide NOx averaging. Oswego Harbor Power must comply with the Btu wei ghted NRG system-wide averaging plan dated February 24, 2000. Oswego Harbor Power will use continuous emission monitors to certify compliance. The CEMs must be installed, operated and maintained in acco rdance with 40 CFR Part 75.

During the ozone season, May 1 - September 15, compliance must be demonstrated on a 24 hour averag e. During all other times, compliance will be on a 30 day rolling average.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 3 calendar month(s).

Condition 1-12: Compliance Certification

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 227-2.6

Item 1-12.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00006

Item 1-12.2: Compliance Certification shall include the following monitoring:Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 61 FINAL Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: This permit condition is valid through June 30, 2014.

The owners and operators of this emission unit must monitor NOx emissions using continuous emissions monitors installed, operated and

maintained in accordance with 40 CFR Part 75. Bias factors required under Part 75 are not required when determining compliance. Hourly emissions and heat input must be used to compute BTU-weighted 24 hour block averages or 30 - day rolling averages. During periods of CEM downtime, emissions data substituted pursuant to 40 CFR Part 75, Subpart D and Appendix C will not be used for purposes of NOx RACT compliance.

Emissions reports must be submitted no later than 30 days after the end of the calendar quarter. Such reports shall be in a format acceptable to the Department.

Monitoring Frequency: CONTINUOUS Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2012. Subsequent reports are due every 3 calendar month(s).

Condition 1-13: Compliance Certification

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 227-2.6

Item 1-13.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00006

Item 1-13.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: This condition is valid on and after July 1, 2014.

the owner and operator of an emission source must:

(a) calculate all 24-hour daily heat input-weighted average NOx emission rates from block hourly arithmetic emission rate averages calculated by the CEMS and expressed in terms of pounds of NOx per million Btu;

(b) demonstrate compliance with th e appropriate emission limit under section 227-2.4 of this Subpart by using a CEMS for measuring NOx and calculating a 24-hour daily heat in put-weighted average NOx emission rate. Facilities that are subject to 40 CFR part 75 will calculate their NOx emission rate using part 75 monitoring requirements. Facilities that are not subject to 40 CFR part 75 may calculate theirPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 62 FINAL NOx emission rate using either 40 CFR part 60, appendix A, method 19 or 40 CFR part 75. A 30-day ro lling heat input-weighted average emission rate may be used to demonstrate compliance with the appropriate emission limit under sec tion 227-2.4 of this Subpart from October 1st to April 30th for emission sources other than combustion turbines; and

(c) determine the 24-hour daily heat input-weighted average NOx emission rate based on the heat input-weighted average of the block hourly arithmetic average emission rates during each 24-hour daily period from 12:00 AM to 12:00 AM the following day using CEMS data. The block hourly heat input-weight ed average emission rate must be calculated for each one-hour period starting with the period 12:00 AM to 1:00 AM and continuing through until the last period 11:00 PM to 12:00 AM; or, starting with the period 12:00 PM to 1:00 PM and continuing through the last period 11:00 AM to 12:00 PM. The 30-day rolling heat input-weighted average must be the average of the 24-hour daily heat input-weighted NOx emission rate.

(i) At a minimum, valid CEMS data must be obtained for 90 percent of the operating hours in each calendar quarter that the subject facility is operating.

(ii) All valid CEMS data must be used in calculating emission rates even if the minimum data requiremen ts of subparagraph (i) of this paragraph are not met.

(iii) The procedures u nder 40 CFR part 60, appendix B, Performance Specification 2; and any additi onal criteria specified by the department must be followed for the installation, evaluation, and operation of the CEMS.

(iv) Along with any specific additional data requirements mandated by the department for a particular emission source, annual recertifications, quarterly accur acy, and daily calibration drift tests must be performed in accordance with 40 CFR part 60, appendix F or 40 CFR part 75, as applicable.

(v) When NOx emissions data are not obtained because of CEMS downtime, emission data shall be obtained by using the 90th percentile value of

all CEMS NOx emission data coll ected over the last 180 days. Alternatively the owner or operator of a facility subject to part CFR 75 may use 40 CFR part 75 data substitution procedures for periods

when no valid CEMS data is available.

(4) CEMS recordkeeping and reporting requirements.

(i) The owner or operator of an emission source must notify the department of the planned initial start-up date of any new

CEMS.

(ii) Protocols, reports, summaries, compliance plans and schedules, and any other information required to be submitted to the department under provisions of this Subpart must be sent (in either hardcopy orPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 63 FINAL electronically) as follows:

(a) one copy to the Division of Air Resources, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233; and

(b) one copy to the regional air pollution control engineer at the appropriate regional office of the department.

(iii) Emissions, monitoring, and operating parameter records or measurements required by this Subpart, quarterly and annual summaries, and any additional parameters required by the department must be maintained for at least five years and made available to the department upon request.

(iv) Following each calendar quart er, the owner or operator must tabulate and summarize applicable em issions, monitoring, and operating parameter measurements recorded during the preceding three months (including but not limited to type and amount of fuel burned on a daily basis, heat content of the fuel, total heating value of the fuel consumed on a daily basis, the actual NOx emission rate, the allowable NOx emission rate, and the summation of the emission sources included in a system averaging plan). These records must be submitted to the department within 30 days following the end of each calendar quarter in a format acceptable to the department and must include:

(a) the average NOx emission rates as specified under paragraph (3) of this subdivision. (With the exception of emission sources subject to paragraph (a)(4) of this Section, emission sources are to record and tabulate block hourly average emission rates, but do not need to included the block hourly average emission rates in the quarterly summaries);

(b) identification of the operating hours when NOx emissions data are

not included in the calculation of the average emission rate and the reasons for not including that data; and

(c) the results of accuracy assessments as required by 40 CFR part 60, appendix F and any additional data quality information required by the department.

(v) The owner or operator of an emission source must submit the initial compliance test data, the performance evaluation of the CEMS found in 40 CFR part 60, appendix B, and the maximum heat input capacity.

Monitoring Frequency: CONTINUOUS Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2012. Subsequent reports are due every 3 calendar month(s).

Condition 63: Compliance CertificationPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 64 FINAL Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 227-2.6

Item 63.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00006

Item 63.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: The owners or operators of this Unit 6 must monitor NOx emissions using continuous emissions monitors installed, operated and maintained

in accordance with 40 CFR Part 75. Bias fact ors required under Part 75 are not required when determini ng compliance. Hourly emissions and heat input must be used to compute BTU-weighted 24 hour block averages or 30 - day rolling aver ages. During periods of CEM downtime, emissions data substituted pursuant to 40 CFR Part 75, Subpart D and Appendix C will not be used for purposes of NOx RACT compliance.

Emissions reports must be submitted no later than 30 days after the end of the calendar quarter. Such reports shall be in a format acceptable to the Department.

Monitoring Frequency: CONTINUOUS Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 3 calendar month(s).

Condition 1-14: Compliance Certification

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 249.3 (a)

Item 1-14.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00006

Regulated Contaminant(s):

CAS No: 007446-09-5 SULFUR DIOXIDE

Item 1-14.2: Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM) Monitoring Description: This Unit is subject to the BART regional haze requirements. As a result of the required BART analysis, a limit for SO2 emissions hasPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 65 FINAL been established.

On and after January 1, 2014, this Emission unit is limited to burning

fuel with a sulfur content of no more than 0.75 wt%. This emission unit is currently subject to this limit for liquid fuels under 40 CFR 60.43. The owners and operators of this unit will comply with an equivalent emissions limit, 0.80 lb SO2/mmBtu based on a 3-hour rolling average.

SO2 emissions will be monitored and recorded continuously using continuous emissions monitors installed, operated and maintained in

accordance with 40 CFR Part 75 and th e Acid Rain CEM monitoring Plan.

The bias factors need not be a pplied to the SO2 emissions rate

determination.

The owners and operators of this unit must report to the DEC emissions of SO2 on a calendar quarter basis. Such reports must be submitted in a format acceptable to the Department no later than 30 days after the end of each quarter. For each period when emissions exceed the allowable limit, the owners and operators must report the magnitude of the exceedance, the duration of th e exceedance, the cause of the

exceedance and the corrective action taken to correct the exceedance.

Manufacturer Name/Model Number: CE M meeting 40 CFR 75 requirements

Parameter Monitored: SULFUR DIOXIDE Upper Permit Limit: 0.80 pounds per million Btus

Reference Test Method: 40 CFR 75 Monitoring Frequency: CONTINUOUS Averaging Method: 3-HOUR ROLLING AVERAGE Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2012. Subsequent reports are due every 3 calendar month(s).

Condition 1-15: Compliance Certification

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 249.3 (a)

Item 1-15.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00006

Regulated Contaminant(s):

CAS No: 007446-09-5 SULFUR DIOXIDE

Item 1-15.2: Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE

PARAMETERS AS SURROGATE Monitoring Description: The owners and operators of this facility shall not purchase orPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 66 FINAL obtain any fuel oil, for burning in this unit, that has a sulfur content exceeding 0.5 wt %. Exempted from this condition is any oil that was onsite or at the South Oswego Terminal facility (ID # 7-3542-00024) as of August 4, 2010.

Process Material: FUEL OIL

Parameter Monitored: SULFUR CONTENT Upper Permit Limit: 0.5 percent by weight Monitoring Frequency: PER DELIVERY Averaging Method: MAXIMUM - NOT TO BE EXCEEDED AT ANY TIME (INSTANTANEOUS/DISCRETE OR GRAB) Reporting Requirements: SE MI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2012. Subsequent reports are due every 6 calendar month(s).

Condition 1-16: Compliance Certification

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 249.3 (a)

Item 1-16.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00006

Regulated Contaminant(s):

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

Item 1-16.2: Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE

PARAMETERS AS SURROGATE Monitoring Description: This Unit is subject to the BART regional haze requirements. As a result of the required BART analysis, a determination was made that an economically feasible control option, beyond current control, does not exist for this unit as it currently operates. An emission limitation

has been established below the threshold that would make an additional control option economically feasible. This emission limitation has also been established to cover the economic feasibility threshold for

the 6 NYCRR Part 227-2 NOx RACT cont rol requirements that are required to be in place by July 1, 2014.

On and after January 1, 2014, this Emission unit is limited to emitting no more than 665 tons of NOx per year, based on a 12 month rolling total. The owners and operators of this emission unit shall calculate monthly and 12 month totals for each calendar month. The CEM data already required to be recorded for this emission unit shall be used to calculate the monthly and 12 month totals.

Parameter Monitored: OXIDES OF NITROGEN Upper Permit Limit: 665 tons per yearPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 67 FINAL Monitoring Frequency: MONTHLY Averaging Method: 12-month total, rolled monthly Reporting Requirements: SE MI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2012. Subsequent reports are due every 6 calendar month(s).

Condition 1-17: Compliance Certification

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 249.3 (a)

Item 1-17.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00006

Regulated Contaminant(s):

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

Item 1-17.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: This Unit is subject to the BART regional haze requirements. As a result of the required BART analysis, the current level of particulate control (ESP in its current configuration) has been determined to meet the BART requirements. Other conditions in this permit containing particulate (6 NYCRR Part 227-1.2(a)(1) particulate matter emissions limited to 0.10 lb/mmBtu) requirements and opacity (6 NYCRR Part 227-1.3 opacity limited to 20% based on a six-minute average period, except for one six-minute period per hour of not more than 27%) requirements will be used to ensure compliance for the current control technology. Monitoring and reporting shall also be performed as per these other permit conditions.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: AS REQUIR ED - SEE MONITORING DESCRIPTION

Condition 1-18: Compliance Certification

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 249.3 (f)

Item 1-18.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00006

Item 1-18.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURESPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 68 FINAL Monitoring Description: The permit conditions (including monitoring and reporting) in this permit for NOx, SO2, and/or PM10 established under Part 249, are based on New York's Best Available Retrofit Technology (BART) Rule (6 NYCRR Part 249), are effective on the date of this permit's issuance, and

are state-enforceable. Fede ral enforceability of these facility-specific permit conditions is effective on the date on which the requirements contained in these permit conditions, as submitted to

EPA as a revision to New York Stat e's Implementation Plan for Regional Haze, are published in the Federal Register.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: AS REQUIR ED - SEE MONITORING DESCRIPTION

Condition 64: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federal Requireme nt:40CFR 60.43(a)(1 ), NSPS Subpart D

Item 64.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00006

Regulated Contaminant(s):

CAS No: 007446-09-5 SULFUR DIOXIDE

Item 64.2: Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM) Monitoring Description: Pursuant to 40 CFR 60.43, emissions of sulfur dioxide from this unit are limited to no more than 0.80 lb SO2/mmBtu derived from liquid fossil fuel. Compliance shall be based on the total heat input from all fossil fuels burned, including gaseous fuels.

Emissions of sulfur dioxide shall be monitored using CEMs installed and operated in accordance with 40 CFR Part 75. Maintenance of the CEMs in accordance with Part 75 fulfills the monitoring requirements of Part 60. Bias adjustment factor s are not required to be used when determining compliance with Part 60 requirements. Emissions data substituted pursuant to the missing data provisions of Part 75 shall not be used for compliance.

Reports of emissions are required to be submitted to the EPA and the Department. Such reports must be postmarked by the 30th day following the end of each calendar quarter, an d follow the format specified in 40 CFR 60.7. Excess emissions are defined as any three-hour period during which the average emissions (arithmetic average of three contiguous one-hour periods) of sulfur dioxide as measured by a

CEM.Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 69 FINAL Manufacturer Name/Model Number: CE M meeting 40 CFR 75 requirements Upper Permit Limit: 0.8 pounds per million Btus

Reference Test Method: 40 CFR 75 Monitoring Frequency: CONTINUOUS Averaging Method: 3-HOUR ROLLING AVERAGE Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 3 calendar month(s).

Condition 65: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federal Requireme nt:40CFR 60.44(a)(1 ), NSPS Subpart D

Item 65.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00006

Regulated Contaminant(s):

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

Item 65.2: Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM) Monitoring Description:

Gaseous fossil fuel combustion:

Pursuant to 40 CFR 60.44, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected facility any gases that contain NOX, expressed as NO2 in excess of 0.20 lb/MMBtu derived from gaseous

fossil fuel.

Emissions shall be monitored using CEMs installed and operated in accordance with 40 CFR Part 75. Op eration and maintenance of the CEMs

in accordance with Part 75 fulfills the monitoring requirements under 40 CFR Part 60 for NOx. Bias adjustment factors need not be used for reporting compliance. Data reported during monitor downtime using the missing data substitution procedures of Part 75 shall not be used for compliance.

Reports of emissions and monitor downtime must be submitted to the EPA and the Department following the format of 40 CFR 60.7. Reports must be postmarked by the 30th day following the end of each calendar quarter. Excess emissions are defined as any three hour period during which the average emissions (arithme tic average of th ree contiguous one-hour periods) exceed the applicable standard.

Manufacturer Name/Model Number: CE M meeting 40 CFR 75 requirements Upper Permit Limit: 0.20 pounds per million Btus

Reference Test Method: 40 CFR 75Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 70 FINAL Monitoring Frequency: CONTINUOUS Averaging Method: 3-HOUR ROLLING AVERAGE Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 3 calendar month(s).

Condition 66: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federal Requireme nt:40CFR 60.44(a)(2 ), NSPS Subpart D

Item 66.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00006

Regulated Contaminant(s):

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

Item 66.2: Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM) Monitoring Description: Liquid fossil fuel combustion:

Pursuant to 40 CFR 60.44, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected facility any gases that contain NOX, expressed as NO2 in excess of 0.30 lb/MMBtu derived from liquid fossil

fuel.

Emissions shall be monitored using CEMs installed and operated in accordance with 40 CFR Part 75. Op eration and maintenance of the CEMs

in accordance with Part 75 fulfills the monitoring requirements under 40 CFR Part 60 for NOx. Bias adjustment factors need not be used for reporting compliance. Data reported during monitor downtime using the missing data substitution procedures of Part 75 shall not be used for compliance.

Reports of emissions and monitor downtime must be submitted to the EPA and the Department following the format of 40 CFR 60.7. Reports must be postmarked by the 30th day following the end of each calendar quarter. Excess emissions are defined as any three hour period during which the average emissions (arithme tic average of th ree contiguous one-hour periods) exceed the applicable standard.

Manufacturer Name/Model Number: CE M meeting 40 CFR 75 requirements Upper Permit Limit: 0.30 pounds per million Btus

Reference Test Method: 40 CFR 75 Monitoring Frequency: CONTINUOUS Averaging Method: 3-HOUR ROLLING AVERAGE Reporting Requirements: QUARTERLY (CALENDAR)Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 71 FINAL Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 3 calendar month(s).

Condition 67: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federal Requi rement:40CFR 60.44(b) , NSPS Subpart D

Item 67.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00006

Regulated Contaminant(s):

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

Item 67.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: No owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected facility any gases that contain NOX, expresse d as NO2 in excess of the standard determined using the following equation for the simultaneous burning

of fossil fuels:

PSnox = { x(0.20) + y(0.30) + z(0.70)} / (x + y + z)

Where: PSnox = the prorated standard for NOX (in lb/mmBtu) when burning different fossil fuels simultaneously,

x = the fraction of total heat input from gaseous fossil fuel,

y = the fraction of total heat input from liquid fossil fuel,

z = the fraction of total heat input from solid fossil fuel.

Emissions shall be monitored using CEMs installed and operated in accordance with 40 CFR Part 75. Op eration and maintenance of the CEMs

in accordance with Part 75 fulfills the monitoring requirements under 40 CFR Part 60 for NOx. Bias adjustment factors need not be used for reporting compliance. Data reported during monitor downtime using the missing data substitution procedures of Part 75 shall not be used for compliance.

Reports of emissions and monitor downtime must be submitted to the EPA and the Department following the format of 40 CFR 60.7. Reports must be postmarked by the 30th day following the end of each calendar quarter. Excess emissions are defined as any three hour period during which the average emissions (arithme tic average of th ree contiguousPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 72 FINAL one-hour periods) exceed the applicable standard.

Monitoring Frequency: CONTINUOUS Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 3 calendar month(s).

Condition 70: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 227- 1.3 (a)

Item 70.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00006 Emission Point: 00006

Item 70.2: Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE

PARAMETERS AS SURROGATE Monitoring Description: No owner or operator of a combustion installation shall emit greater than 20 percent opacity except for one six minute period per hour, not to exceed 27 percent, based upon the six minute average utilizing a continuous opacity monitor (COM).

Parameter Monitored: OPACITY Upper Permit Limit: 20 percent Monitoring Frequency: CONTINUOUS Averaging Method: 6 MINUTE AVERAGE Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 3 calendar month(s).

Condition 71: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 227-1.4 (b)

Item 71.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00006 Emission Point: 00006

Item 71.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: The owner or operator of a stationary combustion installation whichPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 73 FINAL utilizes a continuous opacity monitoring system (COMS) shall include the following in their quart erly excess emission reports:

1) Magnitude, date, and time of each exceedence;

2) For each period of excess emissions, specific identification of the cause and corrective action taken;

3) Date, time, and duration of each period of COMS do wntime, and the

corrective action for each period of downtime;

4) Total time the COMS is required to record data during the reporting period;

5) The total number of exceedences and the duration of exceedences expressed as a percentage of the total time in which the COMS are required to record data; and

6) Such other requirements as the Department may deem necessary in

order to enforce Article 19 of the Environmental Conservation Law (ECL).

Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 3 calendar month(s).

Condition 72: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 227-1.3

Item 72.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00009

Item 72.2: Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE

PARAMETERS AS SURROGATE Monitoring Description: No person shall operate this emission unit in excess of 20 percent opacity (six minute average), except for one six-minute period per hour of not more than 27 percent opacity.

The owner or operator shall conduct opacity observations according to EPA Method 9 upon request from the Department.

At least once per semi-annual calendar period (January 1 to June 30, July 1 to December 31), the owne r or operator shall observe the emissions points while the devices are in operation burning oil. The owner or operator shall record the date, the time, the weatherPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 74 FINAL conditions (rain, snow, cloudy, clear), and whether there is any visible plume (excluding condensed water vapor). To the extent practicable, the observer shall position him or herself with the sun behind his or her back. Such testing is not required if fuel oil is combusted for less than 168 hours in the semi-annual period.

In the event that visible emissi ons are observed, the owner or operator shall contact the Department by phone as soon as practicable, but in no event later than two business days after conducting the observation. Within 30 days, when requested by the Department in writing, the owner or operator must submit to the Department a report describing the emissions.

All records of observations must be maintained at the facility for a period of five years.

A report must be submitted to the Department semiannually (calendar basis) stating whether the monitori ng has been conducted. Reports must be submitted no later than 30 days after the end of each semi-annual period.

Parameter Monitored: OPACITY Upper Permit Limit: 20 percent

Reference Test Method: EPA Method 9 Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Averaging Method: 6-MINUTE AVERAGE (METHOD 9) Reporting Requirements: SE MI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 6 calendar month(s).

Condition 73: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 227-2.5 (b)

Item 73.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00009

Regulated Contaminant(s):

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

Item 73.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: Part 227-2.5(b) allows system-wide NOx averaging. Oswego Harbor Power must comply with the Btu wei ghted NRG system-wide averaging plan dated February 24, 2000.

During the ozone season, May 1 - September 15, compliance must bePermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 75 FINAL demonstrated on a 24 hour averag e. During all other times, compliance will be on a 30 day rolling average.

Reporting on the system averaging must be submitted quarterly, within 30 days of the end of each calendar quarter.

Emissions from this Emission Unit 00009 will be estimated using

results from the most recent st ack test, unless another emission factor is approved by the Department.

A compliance test must be conducted once during the term of the permit, while burning distillate oil, except a test is not required if there are no semi-annual (calendar) periods during the term of the permit with at least 168 operating hours while burning distillate oil. Testing and reporting shall be co nducted in accordance with 6NYCRR

Part 202-1.

A compliance test must be conducted once during the term of the permit, while burning natural gas, ex cept a test is not required if there are no semi-annual (calendar) periods during the term of the permit with at least 168 operating hours while burning natural gas. Testing and reporting shall be co nducted in accordance with 6NYCRR

Part 202-1.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: AS REQUIR ED - SEE MONITORING DESCRIPTION

Condition 74: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fed eral Requirement:6 NYCRR 225-1.2 (d)

Item 74.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00009

Process: P91

Regulated Contaminant(s): CAS No: 0NY035-16-0 SULFUR (S 035)

Item 74.2: Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC OPERATIONS Monitoring Description:

The sulfur in fuel content is restricted to no more than to 1.5% sulfur by weight. The facility owne r/operator, its contractor, or the supplier must analyze sulfur in fuel content of fuel oil upon receipt of delivery. (This limit is state-en forceable only. The federal limit is 2.0% sulfur by weight.)

Work Practice Type: PARAMETER OF PROCESS MATERIALPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 76 FINAL Process Material: OIL (NOT ELSEWHERE CLASSIFIED) Parameter Monitored: SULFUR (S 035) Upper Permit Limit: 1.5 percent by weight

Reference Test Method: 40 CFR 75 APPENDIX D Monitoring Frequency: PER DELIVERY Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST METHOD

INDICATED Reporting Requirements: SE MI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 6 calendar month(s).

Condition 75: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCRR 227.2 (b) (1)

Item 75.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00009

Process: P91

Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 75.2: Compliance Certification shall include the following monitoring:

Monitoring Type: INTER MITTENT EMISSION TESTING Monitoring Description: Pursuant to Section 110 of the Federal Clean Air Act, the EPA approved, as part of New York 's State Implementation Plan, a regulation for the control of particulate matter. The Department has since revised this rule, changing the applicability criteria and the numerical limits. The revisions, however, have not been approved by the EPA. This condition requires compliance with the rule as it is contained in the federally-approved SIP. This requirement was previously cited as 6NYCRR Part 22 7.2(b)(1) and is listed in the table of EPA-approved New York State regulations sited under 40 CFR 52.1679 Subpart HH.

The requirement is stated as follows:

No person shall cause, permit or allow a two hour average emission into the outdoor atmosphere of particulates in excess of 0.10 pound per million Btu heat input from any oil fired stationary combustion installation. Upon written application, the commissioner may exempt a person from the provisions of this section, when in view of the properties of the emissions, isolated conditions, stack height and other factors, it is clearly dem onstrated that the emissions thus permitted will not cause a contravention of established ambient air quality standards.Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 77 FINAL Compliance testing must be performed once during the term of the permit, except a test is not required if there are no semi-annual (calendar) periods during the term of the permit with at least 168 operating hours while burning oil.

Parameter Monitored: PARTICULATES Upper Permit Limit: 0.10 pounds per million Btus

Reference Test Method: EPA Method 5 Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST METHOD

INDICATED Reporting Requirements: ONCE / BA TCH OR MONITORING OCCURRENCE

Condition 76: Ca pping Monitoring Condition

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R Subpart 201-7

Item 76.1: Under the authority of 6 NYCRR Part 201-7, this condition contains an emission cap for the purpose of limiting emissions from the facility, emission unit or process to avoid being subject to the following applicable requirement(s) th at the facility, emission unit or process would otherwise be subject to:

40 CFR 52.21

Item 76.2: Operation of this facility shall take place in accordance with the approved criteria, emission limits, terms, conditions and standards in this permit.

Item 76.3: The owner or operator of the permitted facility mu st maintain all required records on-site for a period of five years and make them available to representatives of the Department upon request. Department representatives must be granted acces s to any facility regula ted by this Subpart, during normal operating hours, for the purpose of determining compliance with this and any other state and federal air pollution control requirements, regulations or law.

Item 76.4: On an annual basis, unless otherwise specified below, beginning one year after the granting of an emissions cap, the responsible official shall provide a certifica tion to the Department that the facility has operated all emission units within the limits imposed by the emission cap. This certification shall include a brief summary of the emissions subject to the cap for that time period and a comparison to the threshold levels that would require compliance with an applicable requirement.

Item 76.5: The emission of pollutants that exceed the applicability thre sholds for an applicable requirement, for which the facility has obtained an emissions cap, constitutes a violation of

Part 201 and of the Act.

Item 76.6: The Compliance Certification activity will be performed for:

Emission Unit: U-00010Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 78 FINAL Regulated Contaminant(s):

CAS No: 007446-09-5 SULFUR DIOXIDE

Item 76.7: Compliance Certification shall include the following monitoring:

Capping: Yes Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE

PARAMETERS AS SURROGATE Monitoring Description:

Emissions of sulfur dioxide from this emission unit shall not exceed 39 tons per rolling 12 month period. Emissions shall be computed as the product of the fuel oil combusted, in pounds fuel/month; the lower of the allowable sulfur content, 0.005 pounds sulfur per pound of fuel, or the actual sulfur cont ent; and the factor of 2 (to convert S to SO2).

1. The amount of fuel fired shall be determined using fuel flow meters, converted to mass using the density of fuel oil at the temperature of measurement.

2. Purchase records of the amounts of fuel combusted shall also be

maintained.

3. The owner or operator shall compute the SO2 emissions for each month, as well as the annual SO2 emissions for each prior 12 month rolling period.

4. The owner or operator shall submit to the Department, on a semi-annual calendar year basis, a report stating whether such measurements and calculations have been made for each prior six month period.

5. The owner or operator shall submit to the Department, on an annual calendar year basis, a report stating whether the facility was in compliance with the annual emission limit. The report shall be due no later than January 30 of each year , and shall report the amount of SO2 emitted during each 12 month rollin g period completed in the prior calendar year.

6. If the annual emissions during any 12 month rolling period exceed 39 tons, the owner or operator shall submit to the Department a report of such excess emissions within 30 days after the end of that 12 month rolling period.

Parameter Monitored: SULFUR DIOXIDE Upper Permit Limit: 39 tons per year Monitoring Frequency: MONTHLY Averaging Method: 12-month total, rolled monthly Reporting Requirements: SE MI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 6 calendar month(s).Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 79 FINAL Condition 77: Ca pping Monitoring Condition

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R Subpart 201-7

Item 77.1: Under the authority of 6 NYCRR Part 201-7, this condition contains an emission cap for the purpose of limiting emissions from the facility, emission unit or process to avoid being subject to the following applicable requirement(s) th at the facility, emission unit or process would otherwise be subject to:

6 NYCRR Subpart 231-2

40 CFR 52.21

Item 77.2: Operation of this facility shall take place in accordance with the approved criteria, emission limits, terms, conditions and standards in this permit.

Item 77.3: The owner or operator of the permitted facility mu st maintain all required records on-site for a period of five years and make them available to representatives of the Department upon request. Department representatives must be granted acces s to any facility regula ted by this Subpart, during normal operating hours, for the purpose of determining compliance with this and any other state and federal air pollution control requirements, regulations or law.

Item 77.4: On an annual basis, unless otherwise specified below, beginning one year after the granting of an emissions cap, the responsible official shall provide a certifica tion to the Department that the facility has operated all emission units within the limits imposed by the emission cap. This certification shall include a brief summary of the emissions subject to the cap for that time period and a comparison to the threshold levels that would require compliance with an applicable requirement.

Item 77.5: The emission of pollutants that exceed the applicability thre sholds for an applicable requirement, for which the facility has obtained an emissions cap, constitutes a violation of

Part 201 and of the Act.

Item 77.6: The Compliance Certification activity will be performed for:

Emission Unit: U-00010

Regulated Contaminant(s):

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

Item 77.7: Compliance Certification shall include the following monitoring:

Capping: Yes Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE

PARAMETERS AS SURROGATE Monitoring Description:Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 80 FINAL Emissions of NOX from this emission unit shall not exceed 39 tons per rolling 12 month period. Emissions shall be computed as the product of the heat input, in mmBtu/hr, and the actual emissions rate, determined from emissions testing, multiplied by 1.1, as

follows:

1. Actual emissions rates firing oil and gas are determined from emissions testing at three operatin g loads for each fuel. From the

results of the most recent test at three operating loads, the highest emission rate shall be used to compute NOx emissions.

2. The heat input to the boiler shall be computed as the product of the amount of fuel fired each month (gallons of oil per month or cubic feet of gas per month) and the gross heating value of the fuel (Btu/gallon for oil or Btu/cubic foot for gas) as determined by vendor receipts, vendor fuel anal yses, or station analyses.

3. The amount of fuel fired shall be determined using fuel flow

meters.

4. Purchase records of the amounts of fuel combusted shall also be

maintained.

5. The owner or operator shall compute the NOx emissions for each month using the following formula:

(Actual emission rate firing oil, lb/mmBtu)x(1.1)x(total heat input from oil, mmBtu) + (Actual emission rate firing gas, lb/mmBtu)x(1.1)x(total heat input from gas, mmBtu).

6. The owner or operator shall compute the annual NOx emissions for each prior 12 month rolling period.

7. The owner or operator shall submit to the Department, on a semi-annual calendar year basis, a report stating whether such measurements and calculations have been made for each prior six month period.

8. The owner or operator shall submit to the Department, on an annual calendar year basis, a report stating whether the facility was in compliance with the annual emission limit. The report shall be due no later than January 30 of each year , and shall report the amount of NOx emitted during each 12 month rollin g period completed in the prior calendar year.

9. If the annual emissions during any 12 month rolling period exceed 39 tons, the owner or operator shall submit to the Department a report of such excess emissions within 30 days after the end of that 12 month rolling period.

Parameter Monitored: OXIDES OF NITROGEN Upper Permit Limit: 39 tons per year Monitoring Frequency: MONTHLY Averaging Method: 12-month total, rolled monthlyPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 81 FINAL Reporting Requirements: SE MI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 6 calendar month(s).

Condition 78: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Fe deral Requirement:6 NYCRR 227-1.3

Item 78.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00010

Item 78.2: Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE

PARAMETERS AS SURROGATE Monitoring Description: No person shall operate this emission unit in excess of 20 percent opacity (six minute average), except for one six-minute period per hour of not more than 27 percent opacity.

The owner or operator shall conduct opacity observations according to EPA Method 9 upon request from the Department.

At least once per semi-annual calendar period (January 1 to June 30, July 1 to December 31), the owne r or operator shall observe the emissions points while the device is in operation burning oil. The owner or operator shall record the date, the time, the weather conditions (rain, snow, cloudy, clear), and whether there is any visible plume (excluding condensed water vapor). To the extent practicable, the observer shall position him or herself with the sun behind his or her back. Such testing is not required if fuel oil is combusted for less than 168 hours in the semi-annual period.

In the event that visible emissi ons are observed, the owner or operator shall contact the Department by phone as soon as practicable, but in no event later than two business days after conducting the observation. Within 30 days, when requested by the Department in writing, the owner or operator must submit to the Department a report describing the emissions.

All records of observations must be maintained at the facility for a period of five years.

A report must be submitted to the Department semiannually (calendar basis) stating whether the monitori ng has been conducted. Reports must be submitted no later than 30 days after the end of each semi-annual period.

Parameter Monitored: OPACITYPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 82 FINAL Upper Permit Limit: 20 percent

Reference Test Method: EPA Method 9 Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Averaging Method: 6-MINUTE AVERAGE (METHOD 9) Reporting Requirements: SE MI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 6 calendar month(s).

Condition 79: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federal Requirement:40CFR 60.48c(g), NSPS Subpart Dc

Item 79.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00010

Item 79.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: (1) Except as provided under paragraph (2), the owner or operator of each affected facility shall record and maintain records of the amount

of each fuel combusted during each operating day.

(2) As an alternative to meeting the requirements of paragraph (1), the owner or operator of an aff ected facility that combusts only natural gas, wood, fuels using fuel certification in §60.48c(f) to demonstrate compliance with the SO2s tandard, fuels not subject to an emissions standard (excluding opacity), or a mixture of these fuels may elect to record and maintain records of the amount of each fuel combusted during each calendar month.

Records of fuel usage shall be reported to the Department or EPA upon

request.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: AS REQUIR ED - SEE MONITORING DESCRIPTION

Condition 80: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R 227-2.4 (c) (2)

Item 80.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00010

Process: GAS

Regulated Contaminant(s):Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 83 FINAL CAS No: 0NY210-00-0 OXIDES OF NITROGEN

Item 80.2: Compliance Certification shall include the following monitoring:

Monitoring Type: INTER MITTENT EMISSION TESTING Monitoring Description: Emissions of oxides of nitrogen from this unit shall not exceed 0.10 pounds per million Btu while burning natural gas, determined with a one hour average in accordance with the provisions of section 227-2.6(a)(4).

A compliance test must be conducted once during the term of the permit except a test is not required if there are no semi-annual (calendar) periods during the term of the permit with at least 168 operating hours while burning natural gas.

The owner or operator of this source conducting an emission test

must:

(1) submit a compliance test protocol to the department for approval at least 30 days prior to emission testing. The conditions of the testing and the locations of the sampling devices must be acceptable to the department; and

(2) utilize the following procedures set forth in 40 CFR part 60, Appendix A or any other method accept able to the department and the administrator for determining compliance with the appropriate NOx limit in section 227-2.4 of this Subpart, and must, in addition, follow the procedures set forth in Part 202 of this Title:

(i) for large and mid-size boilers, utilize Method 7, 7E, or 19 from 40 CFR part 60, Appendix A or another reference method approved by the department;

Parameter Monitored: OXIDES OF NITROGEN Upper Permit Limit: 0.10 pounds per million Btus Reference Test Method: EPA Method 7, 7E, or 19 Monitoring Frequency: ONCE DU RING THE TERM OF THE PERMIT Averaging Method: 1-HOUR AVERAGE Reporting Requirements: ONCE / BA TCH OR MONITORING OCCURRENCE

Condition 81: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCR R 227-2.4 (c) (2)

Item 81.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00010

Process: OILPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 84 FINAL Regulated Contaminant(s):

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

Item 81.2: Compliance Certification shall include the following monitoring:

Monitoring Type: INTER MITTENT EMISSION TESTING Monitoring Description: Emissions of oxides of nitrogen from this unit shall not exceed 0.12 pounds per million Btu while burning distillate oil, determined with a one hour average in accordance with the provisions of section 227-2.6(a)(4).

A compliance test must be conducted once during the term of the permit except a test is not required if there are no semi-annual (calendar) periods during the term of the permit with at least 168 operating hours while burning distillate oil.

The owner or operator of this source conducting an emission test

must:

(1) submit a compliance test protocol to the department for approval at least 30 days prior to emission testing. The conditions of the testing and the locations of the sampling devices must be acceptable to the department; and

(2) utilize the following procedures set forth in 40 CFR part 60, Appendix A or any other method accept able to the department and the administrator for determining compliance with the appropriate NOx limit in section 227-2.4 of this Subpart, and must, in addition, follow the procedures set forth in Part 202 of this Title:

(i) for large and mid-size boilers, utilize Method 7, 7E, or 19 from 40 CFR part 60, Appendix A or another reference method approved by the department;

Parameter Monitored: OXIDES OF NITROGEN Upper Permit Limit: 0.12 pounds per million Btus Reference Test Method: EPA Method 7, 7E, or 19 Monitoring Frequency: ONCE DU RING THE TERM OF THE PERMIT Averaging Method: 1-HOUR AVERAGE Reporting Requirements: ONCE / BA TCH OR MONITORING OCCURRENCE

Condition 82: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federa l Requirement:6 NYCRR 227.2 (b) (1)

Item 82.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00010

Process: OILPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 85 FINAL Regulated Contaminant(s):

CAS No: 0NY075-00-0 PARTICULATES

Item 82.2: Compliance Certification shall include the following monitoring:

Monitoring Type: INTER MITTENT EMISSION TESTING Monitoring Description: Pursuant to Section 110 of the Federal Clean Air Act, the EPA approved, as part of New York 's State Implementation Plan, a regulation for the control of particulate matter. The Department has since revised this rule, changing the applicability criteria and the numerical limits. The revisions, however, have not been approved by the EPA. This condition requires compliance with the rule as it is contained in the federally-approved SIP. This requirement was previously cited as 6NYCRR Part 22 7.2(b)(1) and is listed in the table of EPA-approved New York State regulations sited under 40 CFR 52.1679 Subpart HH.

The requirement is stated as follows:

No person shall cause, permit or allow a two hour average emission into the outdoor atmosphere of particulates in excess of 0.10 pound per million Btu heat input from any oil fired stationary combustion installation. Upon written application, the commissioner may exempt a person from the provisions of this section, when in view of the properties of the emissions, isolated conditions, stack height and other factors, it is clearly dem onstrated that the emissions thus permitted will not cause a contravention of established ambient air quality standards.

Compliance testing must be performed once during the term of the permit, except a test is not required if there are no semi-annual (calendar) periods during the term of the permit with at least 168 operating hours while burning oil.

Parameter Monitored: PARTICULATES Upper Permit Limit: 0.10 pounds per million Btus

Reference Test Method: EPA Method 5 Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST METHOD

INDICATED Reporting Requirements: ONCE / BA TCH OR MONITORING OCCURRENCE

Condition 83: Exemption from the averaging period.

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federal Requireme nt:40CFR 60.42c(h), NSPS Subpart Dc

Item 83.1: This Condition applies to Emission Unit: U-00010

Process: OILPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 86 FINAL Item 83.2: Compliance with emission limits and/or fuel oil sulfur limitations shall be based on a certification from the fuel supplier as stated in paragraph 40 CFR 60-Dc.48c(f)(1), (2), or (3) as applicable.

Condition 84: Enforceability.

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federal Requireme nt:40CFR 60.42c(i), NSPS Subpart Dc

Item 84.1: This Condition applies to Emission Unit: U-00010

Process: OIL

Item 84.2: The sulfur dioxide emission limits, percentage reductions, and fuel oil sulfur limitations shall apply at all times, including periods of startup, shutdown, and

malfunction.

Condition 85: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federal Requireme nt:40CFR 60.43c(c), NSPS Subpart Dc

Item 85.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00010

Process: OIL

Item 85.2: Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE

PARAMETERS AS SURROGATE Monitoring Description: On and after the date on which the initial performance test is completed or required to be completed under §60.8 of this part, whichever date comes first, no owner or operator of an affected facility that combusts oil and has a heat input capacity of 30 million BTU per hour or greater shall cause to be discharged into the atmosphere from an affected fac ility any gases that exhibit greater than 20 percent opacity (6-minut e average), except for one 6-minute period per hour of not more than 27 percent opacity.

The owner or operator shall conduct opacity observations according to EPA Method 9 upon request from the Department.

At least once per semi-annual calendar period (January 1 to June 30, July 1 to December 31), the owne r or operator shall observe thePermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 87 FINAL emissions points while the device is in operation burning oil. The owner or operator shall record the date, the time, the weather conditions (rain, snow, cloudy, clear), and whether there is any visible plume (excluding condensed water vapor). To the extent practicable, the observer shall position him or herself with the sun behind his or her back. Such testing is not required if fuel oil is combusted for less than 168 hours in the semi-annual period.

In the event that visible emissi ons are observed, the owner or operator shall contact the Department by phone as soon as practicable, but in no event later than two business days after conducting the observation. Within 30 days, when requested by the Department in writing, the owner or operator must submit to the Department a report describing the emissions.

All records of observations must be maintained at the facility for a period of five years.

A report must be submitted to the Department semiannually (calendar basis) stating whether the monitori ng has been conducted. Reports must be submitted no later than 30 days after the end of each semi-annual period.

Parameter Monitored: OPACITY Upper Permit Limit: 20 percent

Reference Test Method: EPA Method 9 Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Averaging Method: 6-MINUTE AVERAGE (METHOD 9) Reporting Requirements: SE MI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 6 calendar month(s).

Condition 86: Enforceability of particulate matter and opacity standards.

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federal Requireme nt:40CFR 60.43c(d), NSPS Subpart Dc

Item 86.1: This Condition applies to Emission Unit: U-00010

Process: OIL

Item 86.2 : The particulate matter and opacity standards of section 40 CFR 60-Dc.43c apply at all times, except during periods of startup, shutdown, and malfunction.

Condition 87: Alternative compliance methods fo r sulfur dioxide.

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federal Requireme nt:40CFR 60.44c(h), NSPS Subpart DcPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 88 FINAL Item 87.1: This Condition applies to Emission Unit: U-00010

Process: OIL

Item 87.2: Facilities demonstrating compliance through

vender certification shall follow the compliance procedures listed in paragraphs 40 CFR 60-Dc.48c(f)(1), (2), or (3), as applicable.

Condition 88: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federal Requirement:40CFR 60.45c(a), NSPS Subpart Dc

Item 88.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00010

Process: OIL

Item 88.2: Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE

PARAMETERS AS SURROGATE Monitoring Description: The owner or operator of an affected facility subject to the opacity standards under 40 CFR 60.43c shall conduct a performance test once during the term of the permit and as requested by the Department or EPA to determine compliance with the standards. EPA Method 9 (six minute average of 24 observation) shall be used for determining the opacity of stack emissions. As required by 40 CFR 60.48c and 6NYCRR Part 202-1, the owner or operator shall submit to the EPA and the Department the performance test data from any performance

tests.

The "once during the term of the permit" performance test is not required if there are no semi-ann ual (calendar) periods during the term of the permit with at least 168 operating hours while burning

oil.

Parameter Monitored: OPACITY Upper Permit Limit: 20 percent

Reference Test Method: EPA Method 9 Monitoring Frequency: ONCE DU RING THE TERM OF THE PERMIT Averaging Method: 6-MINUTE AVERAGE (METHOD 9) Reporting Requirements: ONCE / BA TCH OR MONITORING OCCURRENCE

Condition 89: Exemption from sulfur dioxide monitoring requirements.

Effective between the dates of 05/17/2010 and 05/16/2015Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 89 FINAL Applicable Federal Requireme nt:40CFR 60.46c(e), NSPS Subpart Dc

Item 89.1: This Condition applies to Emission Unit: U-00010

Process: OIL

Item 89.2: Facilities subject to paragraphs 40 CFR 60-Dc. 42c(h)(1), (2), or (3) showing compliance through vendor certification shall be ex empt from section 40 CFR 60-Dc.46c.

Condition 90: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federal Requireme nt:40CFR 60.48c(d), NSPS Subpart Dc

Item 90.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00010

Process: OIL

Regulated Contaminant(s):

CAS No: 007446-09-5 SULFUR DIOXIDE

Item 90.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: The owner or operator of each affected facility subject to the SO2 emission limits, fuel oil sulfur limits, or percent reduction requirements under §60.42c shall submit semi-annual reports to the

Administrator.

Reporting Requirements: SE MI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 6 calendar month(s).

Condition 91: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federal Requirement: 40CFR 60.48c(e)(11), NSPS Subpart Dc

Item 91.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00010

Process: OIL

Item 91.2: Compliance Certification shall include the following monitoring:Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 90 FINAL Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: The owner or operator shall keep records and submit semi-annual reports to the USEPA and the Department. Such reports shall include records of fuel supp lier certifications and a certified statement signed by the owner or operator of this unit that the records of fuel supplier certifications submitted re present all of the fuel combusted during the reporting period.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: SE MI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 6 calendar month(s).

Condition 92: Compliance Certification

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable Federal Requirement:4 0CFR 60.48c(f)(1), NSPS Subpart Dc

Item 92.1: The Compliance Certification activity will be performed for:

Emission Unit: U-00010

Process: OIL

Item 92.2: Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: Fuel supplier certification shall include the following information

for distillate oil:

i) The name of the oil supplier;

ii) A statement from the oil supplier that the oil complies with the specifications under the definition of distillate oil in §60.41c (§60.41c defines distillate oil as fuel that complies with the specifications for fuel oil numbers 1 or 2, as defined by the American Society for Testing and Materials in ASTM D396-78, A standard Specification for Fuel Oils); and

(iii) The sulfur content or maxi mum sulfur content of the oil.

Monitoring Frequency: PER DELIVERY Reporting Requirements: SE MI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2010. Subsequent reports are due every 6 calendar month(s).Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 91 FINAL STATE ONLY ENFORCEABLE CONDITIONS ** ** Facility Level  

NOTIFICATION OF GENE RAL PERMITTEE OBLIGATIONS

This section contains terms and conditions wh ich are not federally enforceable. Permittees may also have other obligations under regulations of general applicability

Item A: General Provisions for Stat e Enforceable Permit Terms and

Condition -

6 NYCRR Part 201-5 Any person who owns and/or operates stationary sources shall operate and maintain all emission units and any required emission control devices in compliance with all applicable Parts of this Chapter and existing laws, and shall operate the facility in accordance with all criteria, emission limits, terms, conditions, and standards in this permit. Failure of such person to properly operate and maintain the

effectiveness of such emission units and emission control devices may be sufficient reason for the Department to revoke or deny a permit.

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

STATE ONLY A PPLICABLE REQUIREMENTS The following conditions are state applicable requirements and are not subject to compliance certification requirements unl ess otherwise noted or required

under 6 NYCRR Part 201.

Condition 93: Contaminant List

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable State Requirement:ECL 19-0301

Item 93.1: Emissions of the following contamin ants are subject to contaminant specific requirements in this permit(emission limits, control requirements or compliance monitoring conditions).

CAS No: 007446-09-5

Name: SULFUR DIOXIDE

CAS No: 0NY035-16-0 Name: SULFUR (S 035)

CAS No: 0NY075-00-0

Name: PARTICULATESPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 92 FINAL CAS No: 0NY075-00-5

Name: PM-10

CAS No: 0NY210-00-0

Name: OXIDES OF NITROGEN

Condition 94: Unavoida ble noncompliance and violations

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable St ate Requirement:6 NYCRR 201-1.4

Item 94.1: At the discretion of the commissioner a violation of any applicable emission standard for necessary scheduled equipment maintenance, st art-up/shutdown conditions and malfunctions or upsets may be excused if such violations are unavoidable. The following actions and recordkeeping and reporting requirements must be adhered to in such circumstances.

(a) The facility owner and/or operator sha ll compile and maintain records of all equipment maintenance or start-up/shutdown activities when they can be expected to result in an exceedance of any applicab le emission standard, and shall submit a report of such activities to the commissioner's representative when requested to do so in writing or when so required by a condition of a permit issued for the correspondi ng air contamination source except where conditions elsewhere in this permit which contain more stringent reporting and notification provisions for an applicable requirement, in which case they supersede those stated here. Such reports shall describe why the violation was unavoidable and shall include the time, frequency and duration of the maintenance and/or start-up/ shutdown activities and the identification of air contaminants, and the estimated emission rates. If a facility owner and/or operator is subject to continuous stack monitoring and quarterly reporting requirements, he need not submit reports for equipment maintenance or start-up/shut down for the facility to the commissioner's representative.

(b) In the event that emissions of air cont aminants in excess of any emission standard in 6 NYCRR Chapter III Subchapter A occur due to a malfunction, the facility owner and/or operator shall report such malfunction by telephone to the commissioner's representative as soon as possible during normal working hours, but in any event not later than two working days after becoming aware that the malfunction occurred. Within 30 days thereafter, when requested in writing by the commissioner's representative, the facility owner and/or operator shall submit a written report to the commissioner's representativ e describing the malfunction, the corrective action taken, identification of air contaminants, and an estimate of the emission rates. These reporting requirements are superseded by cond itions elsewhere in this permit which contain reporting and notification provisions for appli cable requirements more stringent than those

above.

(c) The Department may also require the owner and/or operator to include in reports described under (a) and (b) above an estimate of the maximum ground level concentration of

each air contaminant emitted and th e effect of such emissions depe nding on the deviation of the

malfunction and the air contaminants emitted.

(d) In the event of maintenance, start- up/shutdown or malfunction conditions which result in emissions exceeding any applicable emission standard, the facility owner and/or operator shall take appropriate action to prevent emissions which will result in contravention of any applicable ambient air quality standard. Reasonably available control technology, as determined by the commissioner, shall be applied during any maintenance, start-up/shutdown orPermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 93 FINAL malfunction condition subject to this paragraph.

(e) In order to have a violation of a federal regulation (such as a new source performance

standard or national emissions standard for hazardous air pollu tants) excused, the specific federal regulation must provide for an affirmative defense during start-up, shutdowns, malfunctions or upsets.

Condition 95: Air pollution prohibited

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable State Requirement:6 NYCRR 211.2

Item 95.1: No person shall cause or allow emissions of air contaminants to the outdoor atmosphere of such quantity, characteristic or duration which are injurious to human, plant or animal life or to property, or which unreasonably interfere with the comfortable enjoyment of life or property. Notwithstanding the existence of specific air quality standards or emission limits, this prohibition applies, but is not limited to, any pa rticulate, fume, gas, mist, odor, smoke, vapor, pollen, toxic or deleterious emission, either alone or in combination with others.

Condition 1-19: Visible Emissions Limited

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable State Requirement:6 NYCRR 211.2

Item 1-19.1: Except as permitted by a specific part of this Subchapter and for open fires for which a restricted burning permit has been issued, no person shall cause or allow any air contamination source to emit any material having an opacity equal to or greater than 20 percent (six minute average) except for one continuous six-minute period per hour of not more than 57 percent opacity.

Condition 96: Compliance Demonstration

Effective between the dates of 05/17/2010 and 05/16/2015

Applicable St ate Requirement:6 N YCRR Part 242

Item 96.1: The Compliance Demonstration activity will be performed for the Facility.

Item 96.2: Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: 1. As of midnight, March 1 or, if that March 1 is not a business day, midnight of the first business day thereafter, the owners or operators shall hold (in the co mpliance account) CO2 allowances available for compliance deduction in an amount not less than the

total CO2 emissions for the Control Period as such term is defined in 6 NYCRR 242-1.2(b)(40) for all CO 2 budget units at the source.

2. CO2 allowances shall not be deducted, in order to comply with 6 242-1.5(c)(1), for a Control Period that ends prior to the allocation year for which the CO2 allowance was allocated.Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 94 FINAL 3. The owner or operator of a CO2 budget source that has excess emissions in any Control Period shall forfeit the CO2 allowances required for deduction under 6 NY CRR 242-6.5(d)(1), provided CO2 offset allowances may not be used to cover any part of such excess emissions; and pay any fine, penalty, or assessment or comply with any other remedy imposed under 6 NYCRR 242-6.5(d)(2).

4. Each CO2 budget source shall have only one authorized account representative and may have one alternate CO2 authorized account representative, as specified in 242- 2. Each submission under the CO2 Budget Trading Program shall be submitted, signed, and certified by the CO2 authorized account repres entative (or alternate AAR) and include the following statement: "I am authorized to make this submission on behalf of the owners and operators of the CO2 budget sources or CO2 budget units for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and in formation 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."

5. A CO2 authorized account representative (or his or her alternate) may delegate, to one or more natural persons, his or her authority to make an electronic submission to the department or its agent. In order to delegate authority to make an electronic submission, the CO2 authorized account representative (or alternate) must submit to the department a notice of delegation as specified in 6 NYCRR 242-2.6.

6. For each control period to which a CO2 budget source is subject to the CO2 requirements of 6 NYCRR 242-1.5, the CO2 authorized account representative (or alternate) shall submit to the DEC, by March 1 following the relevant Control Period, a compliance certification report. The report shall be in a format prescribed by the department

and include

i) identification of the source and each CO2 budget unit at the

source;

ii) at the CO2 authorized account representative's (or alternate's) option, the serial numbers of the CO2 allowances to be deducted; and

iii) the compliance certificati on of 6 NYCRR 242-4.1(c).

7. No owner or operator of a CO2 budget unit shall operate the unit so as to discharge, or allow to be discharged, CO2 emissions to the atmosphere without accounting for all such emissions in accordance

with 6 NYCRR 242 and 40 CFR Part 75.Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 95 FINAL 8. The owners and operators and, to the extent applicable, the CO2 authorized account representative (o r alternate) of a CO2 budget unit shall comply with the monitoring, recordkeeping and reporting requirements as provided in 6 NYCRR 242; and 40 CFR Part 75. The owner or operator of each CO2 budg et unit must install all monitoring systems necessary to monitor CO2 ma ss emissions in accordance with 40 CFR Part 75, except for equation G1. Equation G1 in appendix G shall

not be used to determine CO2 emissions under 6 NYCRR 242. The owners or operators must successfully complete all certification tests required under 6 NYCRR 242-8.2 and 40 CFR Part 75 and record, report and quality-assure the data from the monitoring systems.

9. No owner or operator of a CO2 budget unit shall use any alternative monitoring system, alternative reference method or any other alternative for the required continuous emission monitoring system without obtaining prior written approval.

10. No owner or operator of a CO2 budget unit shall disrupt the continuous emission monitoring system except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of 6 NYCRR 242 and 40 CFR Part 75.

11. The CO2 authorized account representative shall submit quarterly reports to the department or its agent within 30 days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in Subpart H of 40 CFR Part 75 and 40 CFR 75.64. Quarterly reports shall be submitted for each CO2 budget unit (or groups of units using a common stack) and shall include all of the data and information required in subpart G of 40 CFR Part 75 except for opacity, NOx and SO2 provisions. Each quarterly report shall contain th e certification required in 6 NYCRR 242-8.5(d)(3).

12. On a calendar year annual basis the owner or operator shall submit to the DEC a report stating whether he or she has complied with

this condition.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: AS REQUIR ED - SEE MONITORING DESCRIPTION

** ** Emission Unit Level ****

Condition 1-20: Compliance Demonstration

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Stat e Requirement:6 NYCR R 227-2.5 (b)

Item 1-20.1: The Compliance Demonstration activity will be performed for:Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 96 FINAL Emission Unit: U-00005

Regulated Contaminant(s):

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

Item 1-20.2: Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: This method can be used for NOx RACT compliance through June 30, 2014. After this date other methods established in this permit must be

used.

Part 227-2.5(b) allows system-wide NOx averaging. Oswego Harbor Power must comply with the Btu wei ghted NRG system-wide averaging plan dated February 24, 2000. Pursuant to Part 227-2.6(b)(5), Oswego Harbor Power will use continuous emission monitors to certify compliance. The CEMs must be installed, operated and maintained in

accordance with 40 CFR Part 75.

During the ozone season, May 1 - September 15, compliance must be demonstrated on a 24 hour averag e. During all other times, compliance will be on a 30 day rolling average.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2012. Subsequent reports are due every 3 calendar month(s).

Condition 1-21: Compliance Demonstration

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Stat e Requirement:6 NYCR R 227-2.5 (c)

Item 1-21.1: The Compliance Demonstration activity will be performed for:

Emission Unit: U-00005

Regulated Contaminant(s):

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

Item 1-21.2: Compliance Demonstration shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE

PARAMETERS AS SURROGATE Monitoring Description: A NOx RACT analysis was performed to determine the technical and economic feasibility of adding control technologies to meet the control requirements of 6 NYCRR Part 227-2.4. A determination was madePermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 97 FINAL for this unit that no additional technically feasible controls were economically feasible at the capacity this unit has been running. In accordance with the provisions of 6 NY CRR Part 227-2.5(c), an emission

limitation has been established below the threshold that would make an additional control option economically feasible. This emission limitation has also been established to cover the economic feasibility threshold for the 6 NYCRR Part 249 BART control requirements that are required to be in place by January 1, 2014.

On and after January 1, 2014, this Emission unit is limited to emitting no more than 383 tons of NOx per year, based on a 12 month rolling total. The owners and operators of this emission unit shall calculate monthly and 12 month totals for each calendar month. The CEM data already required to be recorded for this emission unit shall be used to calculate the monthly and 12 month totals.

Parameter Monitored: OXIDES OF NITROGEN Upper Permit Limit: 383 tons per year Monitoring Frequency: MONTHLY Averaging Method: 12-month total, rolled monthly Reporting Requirements: SE MI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2012. Subsequent reports are due every 6 calendar month(s).

Condition 1-22: Compliance Demonstration

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Stat e Requirement:6 NYCR R 227-2.5 (c)

Item 1-22.1: The Compliance Demonstration activity will be performed for:

Emission Unit: U-00005

Regulated Contaminant(s):

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

Item 1-22.2: Compliance Demonstration shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM) Monitoring Description: This permit condition applies on and after July 1, 2014.

A NOx RACT analysis was performed to determine the technical and economic feasibility of adding control technologies to meet the control requirements of 6 NYCRR Part 227-2.4. A determination was made for this unit that no additional technically feasible controls were economically feasible at the capacity this unit has been running. In accordance with the pr ovisions of 6 NYCRR Part 227-2.5(c), an alternative NOx RACT limit has been developed for this unit.

Unit 5 (emission unit U-00005) is limited to 0.25 lb NOx/mmBtu on a 24Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 98 FINAL hour heat input weighted average basis, regardless of fuel type. During the period October 1st to April 30th, compliance may be demonstrated using a 30-day rolli ng heat input weighted average. Emissions must be continuously monitored using monitoring equipment that meets the requirements of 40 CFR 75.

Manufacturer Name/Model Number: CE M meeting 40 CFR 75 requirements Upper Permit Limit: 0.25 pounds per million Btus

Reference Test Method: 40 CFR 75 Monitoring Frequency: CONTINUOUS Averaging Method: AVERAGING METHOD - SEE MONITORING DESCRIPTION Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2012. Subsequent reports are due every 3 calendar month(s).

Condition 1-23: Compliance Demonstration

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Stat e Requirement:6 NYCR R 227-2.5 (b)

Item 1-23.1: The Compliance Demonstration activity will be performed for:

Emission Unit: U-00006

Regulated Contaminant(s):

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

Item 1-23.2: Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEP ING/MAINTENANCE PROCEDURES Monitoring Description: This method can be used for NOx RACT compliance through June 30, 2014. After this date other methods established in this permit must be

used.

Part 227-2.5(b) allows system-wide NOx averaging. Oswego Harbor Power must comply with the Btu wei ghted NRG system-wide averaging plan dated February 24, 2000. Pursuant to Part 227-2.6(b)(5), Oswego Harbor Power will use continuous emission monitors to certify compliance. The CEMs must be installed, operated and maintained in

accordance with 40 CFR Part 75.

During the ozone season, May 1 - September 15, compliance must be demonstrated on a 24 hour averag e. During all other times, compliance will be on a 30 day rolling average.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2012. Subsequent reports are due every 3 calendar month(s).Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 99 FINAL Condition 1-24: Compliance Demonstration

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Stat e Requirement:6 NYCR R 227-2.5 (c)

Item 1-24.1: The Compliance Demonstration activity will be performed for:

Emission Unit: U-00006

Regulated Contaminant(s):

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

Item 1-24.2: Compliance Demonstration shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM) Monitoring Description: This permit condition applies on and after July 1, 2014.

A NOx RACT analysis was performed to determine the technical and economic feasibility of adding control technologies to meet the control requirements of 6 NYCRR Part 227-2.4. A determination was made for this unit that no additional technically feasible controls were economically feasible at the capacity this unit has been running. In accordance with the pr ovisions of 6 NYCRR Part 227-2.5(c), an alternative NOx RACT limit has been developed for this unit.

Unit 6 (emission unit U-00006) is limited to 0.22 lb NOx/mmBtu on a 24 hour heat input weighted average basis, regardless of fuel type. During the period October 1st to April 30th, compliance may be demonstrated using a 30-day rolli ng heat input weighted average. Emissions must be continuously monitored using monitoring equipment that meets the requirements of 40 CFR 75.

Manufacturer Name/Model Number: CE M meeting 40 CFR 75 requirements Upper Permit Limit: 0.22 pounds per million Btus

Reference Test Method: 40 CFR 75 Monitoring Frequency: CONTINUOUS Averaging Method: AVERAGING METHOD - SEE MONITORING DESCRIPTION Reporting Requirements: QUARTERLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2012. Subsequent reports are due every 3 calendar month(s).

Condition 1-25: Compliance Demonstration

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Stat e Requirement:6 NYCR R 227-2.5 (c)

Item 1-25.1: The Compliance Demonstration activity will be performed for:Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 100 FINAL Emission Unit: U-00006

Regulated Contaminant(s):

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

Item 1-25.2: Compliance Demonstration shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE

PARAMETERS AS SURROGATE Monitoring Description: A NOx RACT analysis was performed to determine the technical and economic feasibility of adding control technologies to meet the control requirements of 6 NYCRR Part 227-2.4. A determination was made for this unit that no additional technically feasible controls were economically feasible at the capacity this unit has been running. In accordance with the provisions of 6 NY CRR Part 227-2.5(c), an emission

limitation has been established below the threshold that would make an additional control option economically feasible. This emission limitation has also been established to cover the economic feasibility threshold for the 6 NYCRR Part 249 BART control requirements that are required to be in place by January 1, 2014.

On and after January 1, 2014, this Emission unit is limited to emitting no more than 665 tons of NOx per year, based on a 12 month rolling total. The owners and operators of this emission unit shall calculate monthly and 12 month totals for each calendar month. The CEM data already required to be recorded for this emission unit shall be used to calculate the monthly and 12 month totals.

Parameter Monitored: OXIDES OF NITROGEN Upper Permit Limit: 665 tons per year Monitoring Frequency: MONTHLY Averaging Method: 12-month total, rolled monthly Reporting Requirements: SE MI-ANNUALLY (CALENDAR) Reports due 30 days after the reporting period. The initial report is due 7/30/2012. Subsequent reports are due every 6 calendar month(s).

Condition 1-26: Compliance Demonstration

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Stat e Requirement:6 NYCR R 227-2.5 (c)

Item 1-26.1: The Compliance Demonstration activity will be performed for:

Emission Unit: U-00009

Regulated Contaminant(s):

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

Item 1-26.2: Compliance Demonstration shall include the following monitoring:Permit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 101 FINAL Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM) Monitoring Description: This permit condition applies on and after July 1, 2014.

A NOx RACT analysis was performed to determine the technical and economic feasibility of adding control technologies to meet the control requirements of 6 NYCRR Part 227-2.4. A determination was made for this unit that no additional technically feasible controls were economically feasible at the capacity this unit has been running. In accordance with the pr ovisions of 6 NYCRR Part 227-2.5(c), an alternative NOx RACT limit has been developed for this unit.

Unit 9 (emission unit U-00009) is limited to 0.135 lb NOx/mmBtu on a one hour heat input weighted average basis, regardless of fuel type. A compliance test must be performed within 90 days of the July 1, 2014 compliance date. The requirements of 6 NYCRR Part 202-1 must be followed. A compliance test protocol must be submitted at least 30 days prior to the test; the conditions of the testing and the locations of the sampling devices must be acceptable to the Department; and the test schedule must be coordinated with the Department, so that a Department representative has the opportunity to witness the test. A test report must be submitted no later than 60 days after completion of the test.

Manufacturer Name/Model Number: CE M meeting 40 CFR 75 requirements Upper Permit Limit: 0.135 pounds per million Btus Reference Test Method: Method 7, 7E or 19 as appropriate Monitoring Frequency: SINGLE OCCURRENCE Averaging Method: 1-HOUR AVERAGE Reporting Requirements: ONCE / BA TCH OR MONITORING OCCURRENCE

Condition 1-27: Compliance Demonstration

Effective between the dates of 05/16/2012 and 05/16/2015

Applicable Stat e Requirement:6 NYCR R 227-2.5 (c)

Item 1-27.1: The Compliance Demonstration activity will be performed for:

Emission Unit: U-00010

Regulated Contaminant(s):

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

Item 1-27.2: Compliance Demonstration shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM) Monitoring Description: This permit condition applies on and after July 1, 2014.

A NOx RACT analysis was performed to determine the technical and economic feasibility of adding control technologies to meet thePermit ID: 7-3512-0 0030/00023 Facility DEC ID: 7351200030

Air Pollution Control Permit Conditions Renewal 1/Mod 1/Active Page 102 FINAL control requirements of 6 NYCRR Part 227-2.4. A determination was made for this unit that no additional technically feasible controls were economically feasible at the capacity this unit has been running. In accordance with the pr ovisions of 6 NYCRR Part 227-2.5(c), an alternative NOx RACT limit has been developed for this unit.

Unit 10 (emission unit U-00010) is limited to 0.10 lb NOx/mmBtu on a one hour heat input weighted average basis, regardless of fuel type. A compliance test must be performed within 90 days of the July 1, 2014 compliance date. The requirements of 6 NYCRR Part 202-1 must be followed. A compliance test protocol must be submitted at least 30 days prior to the test; the conditions of the testing and the locations of the sampling devices must be acceptable to the Department; and the test schedule must be coordinated with the Department, so that a Department representative has the opportunity to witness the test. A test report must be submitted no later than 60 days after completion of the test.

Manufacturer Name/Model Number: CE M meeting 40 CFR 75 requirements Upper Permit Limit: 0.10 pounds per million Btus Reference Test Method: Method 7, 7E or 19 as appropriate Monitoring Frequency: SINGLE OCCURRENCE Averaging Method: 1-HOUR AVERAGE Reporting Requirements: ONCE / BA TCH OR MONITORING OCCURRENCENew York State Department of Environmental Conservation 

### Permit Review Report

Permit ID: 7-3512-00030/00023

Renewal Number: 1

Modification Number: 1 05/16/2012

Facility Identification Data

Name: OSWEGO HARBOR POWER

Address: 261 WASHINGTON BLVD OSWEGO, NY 13126

Owner/Firm

Name: OSWEGO HARBOR POWER LLC

Address: 261 WASHINGTON BLVD OSWEGO, NY 13126, USA Owner Classification: Corporation/Partnership

Permit Contacts

Division of Environmental Permits:

Name: ELIZABETH A TRACY

Address: 615 ERIE BLVD WEST SYRACUSE, NY 13204-2400

Phone:3154267438

Division of Air Resources:

Name: DAVID A WEAVER

Address: 615 ERIE BOULEVARD WEST SYRACUSE, NY 13204-2400

Air Permitting Contact:

Name: MARION GREENHALGH

Address: OSWEGO HARBOR POWER LLC

261 WASHINGTON BLVD OSWEGO, NY 13126-1751

Phone:3153492365

Permit Description

Introduction The Title V operating air permit is intended to be a document containing only enforceable terms and conditions as well as any additional information, such as the identification of emission units, emission points, emission sources and processes, that makes the terms meaningful. 40 CFR Part 70.7(a)(5) requires that each Title V permit have an accompanying "...stateme nt that sets forth the legal and factual basis for the draft permit conditions". The purpose for this perm it review report is to satisfy the above requirement by providing pertinent details rega rding the permit/application data a nd permit conditions in a more easily understandable format. This report will also include background narrative and expl anations of regulatory decisions made by the reviewer. It should be empha sized that this permit review report, while based on information contained in the permit, is a separate document and is not itself an enforceable term and condition of the permit.

Summary Description of Proposed Project This permit modification involves the addition of emission limitations related to 6 NYCRR Part 249 Best Available Retrofit Technology (BAR T) requirements and changes to the 6 NYCRR Part 227-2 NOx RACT requirements.

Attainment Status OSWEGO HARBOR POWER is located in the town of OSWEGO in the county of OSWEGO.

Page 1 of 28New York State Department of Environmental Conservation 

### Permit Review Report

Permit ID: 7-3512-00030/00023

Renewal Number: 1

Modification Number: 1 05/16/2012

The attainment status for this location is provided be low. (Areas classified as attainment are those that meet all ambient air quality standards for a designated criteria air pollutant.)

Criteria Pollutant Attainment Status

------------------------------------------------------------------------------------------------------------------------------- -

---- Particulate Matter (PM) ATTAINMENT

Particulate Matter< 10μ in diameter (PM10) ATTAINMENT

Sulfur Dioxide (SO2) ATTAINMENT

Ozone* TRANSPORT REGION (NON-ATTAINMENT)

Oxides of Nitrogen (NOx)** ATTAINMENT

Carbon Monoxide (CO) ATTAINMENT

------------------------------------------------------------------------------------------------------------------------------- -

----

* Ozone is regulated in terms of the emi ssions of volatile organic co mpounds (VOC) and/or oxides of nitrogen (NOx) which are ozone precursors. ** NOx has a separate ambient air quality standard in addition to being an ozone precursor.

Facility Description: Oswego Harbor Power is an electric power producer and includes the following equipment:

1. Unit 5 - (Emission Unit 5) This unit is capable of firing natural gas or oil, and its maximum heat input is 7,840 mmBTU/hr.

2. Unit 6 - (Emission Unit 6) This unit is capable of firing natural gas or oil, and its maximum heat input is 7,840 mmBTU/hr.

3. Unit 9 - (Emission Unit 9) This unit is a package boiler capable of firing natural gas or oil (residual or distillate). The maximum heat input is 78.3 mmBTU /hr firing natural gas a nd 74.9 mmBTU/hr firing oil.

4. Unit 10 - (Emission Unit 10) This unit is a package boiler used for station heating capable of firing natural gas or distillate oil. The maximum heat input is 90.5 mmBTU/hr.

5. The facility has four residual oil storage tanks with a capacity of 16,254,000 gallons each.

6. The facility operates a feeder, at the water treatment plant, that delivers a caustic or lime solution.

Permit Structure and Description of Operations The Title V permit for OSWEGO HARBOR POWER is structured in terms of the following hierarchy: facility, emission unit, emission point, emission source and process. A facility is defined as all emission s ources located at one or more adjacent or contiguous properties owned or operated by the same person or persons under common control. The facility is subdivided into one or more emission units (EU). Emi ssion units are defined as any part or activity of a stationary facility that emits or has the potential to emit any federal or state regulated air pollutant. An emission unit is represented as a grouping of processes (defined as any activity involving one or more emission sources (ES) that emits or has the potential to emit any federal or state regulated air pollutant). An emission source is defined as any apparatus, contrivance or machine capable of causing emissions of any air contaminant to the outdoor atmosphere, including any appurtenant exhaust system or air cleaning

Page 2 of 28New York State Department of Environmental Conservation 

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Permit ID: 7-3512-00030/00023

Renewal Number: 1

Modification Number: 1 05/16/2012

device. [NOTE: Indirect sources of air contamination as defined in 6 NYCRR Part 203 (i.e. parking lots) are excluded from this definition]. Th e applicant is required to identif y the principal piece of equipment (i.e., emission source) that directly results in or controls the emission of federal or state regulated air pollutants from an activity (i.e., process). Emission sources are categorized by the following types: combustion - devices which burn fuel to generate heat, steam or power incinerator - devices which burn waste material for disposal

control - emission control devices process - any device or contrivance which may emit air contaminants that is not included in the above categories.

OSWEGO HARBOR POWER is defined by the following emission unit(s):

Emission unit U00006 - Emission Unit U00006 consists of one steam generator, Unit 6, that provides steam to a turbine capable of producing 850 MW net of electricity. This unit fires 0.75% sulfur residual oil and is capable of producing up to 245 MW by firing natural gas. The fe derally enforceable sulfur limit is 0.80 lbs SO2/mmBtu which is equivalent to 0.75 wt% sulfur. Unit 6 is subject to 40 CFR Part 60, subpart D. Particulate emissions are controlled by an electrostatic precipitator (S006C). NOx emissions are controlled by overfire air and flue gas recirculation. Natural gas or distillate oil may be used to ignite the boiler during startup.

Emission unit U00006 is associated with the following emission points (EP):

00006 Process: P61 is located at 1, Building 1 - Process identification number P61 designates residual oil firing in Unit 6. The boiler is subject to 40 CFR 60 Subpa rt D (NSPS). This process also allows co-firing of natural gas in the boiler.

Process: P62 is located at 1, Building 1 - Proce ss identification number P62 designates natural gas firing in Unit 6. This boiler is subject to 40 CFR 60 Subpart D (NSPS).

Emission unit U00010 - Emission Unit U00010 consists of a model D370 boiler, manufactured by Volcano. The boiler is equipped with low NOx burne rs and meets the NOx RACT control requirements found in 227-2.4(c)(i). This boiler can fire either distilla te oil or natural gas. The rated heat input on gas is 90.5 mmBtu/hr; the rated heat input on oil is 87.2 mmBtu/hr.

Emission unit U00010 is associated with the following emission points (EP):

00010 Process: GAS is located at FLOOR 1, Building 1 - This process allows the use of natural gas to be fired in

the Volcano D3 70 unit.

Process: OIL is located at FLOOR 1, Building 1 - This process allows the use of distillate oil to be fired in

the Volcano D3 70 unit.

Emission unit U00009 - Emission Unit U00009 consists of a package boiler (Emission Source S0009) that is used for station heating. This unit is capable of firing either oil (residual and distillate) or natural gas. The maximum heat input is 78.3 mmBtu/hr when firing natural gas, and 74.9 mmBtu/hr when firing

oil.

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Modification Number: 1 05/16/2012

Emission unit U00009 is associated with the following emission points (EP):

00009 Process: P91 is located at 1, Building 1 - Process identification number P91 identifies oil (residual and distillate) combustion in the Zurn package boiler.

Process: P92 is located at 1, Building 1 - Process identification number P92 identifies natural gas combustion in the Zurn package boiler.

Emission unit U00005 - 

### Emission Unit U00005 consists ofone steam generator, Unit 5, a Foster Wheeler boiler that supplies steam to a 850 MW turbine. Unit 5 fires 1.5 wt% sulfur residual oil (the federally-enforceable limit is 2.0 wt% sulfur residual oil). Beginning January 1, 2014 the BART sulfur limit will be 0.75 wt% (0.80 lb SO2/mmBtu). Particulate emissions are controlled with an electrostatic precipitator (S005C). NOx emissions are controlled with ove rfire air and flue gas recirculation. Flue gas from Unit 5 is vented through the No. 5 stack (00005). Unit 5 can be started up on either distillate oil or natural gas.

Emission unit U00005 is associated with the following emission points (EP):

00005 Process: P51 is located at 1, Building 1 - Process identification number P51 designates residual and distillate oil firing in Unit 5.

Process: P52 is located at 1, Building 1 - Proce ss identification number P52 designates natural gas firing

in Unit 5.

Emission unit U00007 - Emission Unit U00007consists of storage tanks 1-4 (S00T1, S00T2, S00T3, and S00T4, respectively). The capacity of each oil tank is 16,254,000 gallons. The tanks are not subject to 6 NYCRR Part 229 or 40 CFR 60 Subparts K, Ka, or Kb . The tanks are equipped with carbon adsorbers (S0T1C, S0T2C, S0T3C, and S0T4C) for odor control.

Emission unit U00007 is associated with the following emission points (EP): 000T1, 000T2, 000T3, 000T4 Process: PT1 Process PT1 identifies storing residual oil in Storage Tank #1 with a capacity of 16,254,000 gallons. Process: PT2 Process PT2 identifies storing residual oil in Storage Tank #2 with a capacity of 16,254,000 gallons. Process: PT3 Process PT3 identifies storing residual oil in Storage Tank #3 with a capacity of 16,254,000 gallons. Process: PT4 Process PT4 identifies storing residual oil in Storage Tank #4 with a capacity of 16,254,000 gallons.

Emission unit U00008 - Emission Source U00008 is the lime feeder on the waste water treatment plant (S0008).

Emission unit U00008 is associated with the following emission points (EP):

Page 4 of 28New York State Department of Environmental Conservation 

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Modification Number: 1 05/16/2012

00008 treatment plant.

Title V/Major Source Status OSWEGO HARBOR POWER is subject to Title V requirements. This determination is based on the following information: This facility has the potential to emit NOx, SO2, particulates, PM-10, VOC, and HAPs in quantities that exceed the major source thresholds.

Program Applicability The following chart summarizes the applicability of OSWEGO HARBOR POWER with regards to the principal air pollution regulatory programs:

Regulatory Program Applicability

------------------------------------------------------------------------------------------------------------------

PSD NO

NSR (non-attainment) NO

NESHAP (40 CFR Part 61) NO

NESHAP (MACT - 40 CFR Part 63) NO

NSPS YES

TITLE IV YES

TITLE V YES

TITLE VI NO

RACT YES

SIP YES

------------------------------------------------------------------------------------------------------------------------------- -

NOTES: PSD Prevention of Significant Deterioration (40 CFR 52) - requirements which pertain to major stationary sources located in areas which are in attainment of National Ambient Air Quality Standards (NAAQS) for specified pollutants.

NSR New Source Review (6 NYCRR Part 231) - re quirements which pertai n to major stationary

sources located in areas which ar e in non-attainment of National Am bient Air Quality Standards (NAAQS) for specified pollutants.

NESHAP National Emissi on Standards for Hazardous Air Pollu tants (40 CFR 61) - contaminant and source specific emission standards established prior to the Clean Air Act Amendments of 1990 (CAAA) which were developed for 9 air contaminants (inorgani c arsenic, radon, benzene, vinyl chloride, asbestos, mercury, beryllium, radionuclides, and volatile HAP's).

MACT Maximum Achievable Control Technology (40 CFR 63) - contaminant and source specific emission standards established by the 1990 CAAA. Under Section 112 of the CAAA, the US EPA is required to develop and promulgate emissions standards for new and existing sources. The standards are

to

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Modification Number: 1 05/16/2012

be based on the best demonstrated control technology and practices in the regulated industry, otherwise known as MACT. The corresponding regulations appl y to specific source types and contaminants.

NSPS New Source Performance Standards (40 CFR 60) - standards of performance for specific stationary source categories developed by the US EPA under Section 111 of the CAAA. The standards apply only to those stationary sources which have been constructed or modified after the regulations have been proposed by publication in the Federal Register and only to the specific contaminant(s) listed in the regulation.

Title IV Acid Rain Control Program (40 CFR 72 thru 78) - regulations which mandate the implementation of the acid rain control program for large stationary combustion facilities.

Title VI Stratospheric Ozone Prot ection (40 CFR 82, Subparts A thru G) - federal requirements that apply to sources which use a minimum quan tity of CFC’s (chlorofluorocarbons), HCFC’s (hydrofluorocarbons) or other ozone de pleting substances or regulated substitute substances in equipment such as air conditioners, refrigeration equipment or motor vehicle air conditioners or appliances.

RACT Reasonably Available Control Technology (6 NYCRR Parts 212.10, 226, 227-2, 228, 229, 230, 232, 233, 234, 235, 236) - the lowest emission limit that a specific source is capable of meeting by application of control technology that is reasona bly available, considering technological and economic feasibility. RACT is a control strategy used to limit emissions of VOC’s and NOx for the purpose of attaining the air quality standard for oz one. The term as it is used in th e above table refers to those state air pollution control regulations which specifically regulate VOC and NOx emissions.

SIP State Implementation Plan (40 CFR 52, Subpart HH) - as per the CAAA, all states are empowered and required to devise the specific combination of controls that, when implemented, will bring about attainment of ambient air qua lity standards established by the fe deral government a nd the individual state. This specific combination of measures is referre d to as the SIP. The term here refers to those state regulations that are approved to be included in the SIP and thus are considered federally enforceable.

Compliance Status Facility is in compliance with all requirements.

SIC Codes

SIC or Standard Industrial Classification code is an industrial code developed by the federal Office of Management and Budget for use, among other things, in the classification of establishments by the type of activity in which they are engaged. Each operating es tablishment is assigned an industry code on the basis of its primary activity, which is determined by its principal product or group of products produced or distributed, or services rendered. Larger facilities typically have more than one SIC code.

SIC Code Description

4911 ELECTRIC SERVICES

SCC Codes

SCC or Source Classification Code is a code devel oped and used'' by the USEPA to categorize processes which result in air emissions for the purpose of assessing emission factor information.Each SCC represents a unique process or function within a source category logically associated with a point of air pollution emissions. Any operation that causes air pollution can be represented by one or more SCC’s.

Page 6 of 28New York State Department of Environmental Conservation 

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Renewal Number: 1

Modification Number: 1 05/16/2012

SCC Code Description

1-01-004-01 EXTERNAL COMBUSTION BOILERS - ELECTRIC

GENERATION

ELECTRIC UTILITY BOILER - RESIDUAL OIL Grade 6 Oil: Normal Firing

1-01-006-01 EXTERNAL COMBUSTION BOILERS - ELECTRIC

GENERATION

ELECTRIC UTILITY BOILER - NATURAL GAS Boilers > 100 MBtu/Hr except Tangential

1-01-007-02 EXTERNAL COMBUSTION BOILERS - ELECTRIC

GENERATION

ELECTRIC UTILITY BOILER - PROCESS GAS
Boilers < 100 MBTU/HR

1-01-013-02 EXTERNAL COMBUSTION BOILERS - ELECTRIC

GENERATION

ELECTRIC UTILITY BOILER - LIQUID WASTE

Waste Oil

1-02-005-01 EXTERNAL COMBUSTION BOILERS - INDUSTRIAL

INDUSTRIAL BOILER - DISTILLATE OIL

Grades 1 and 2 Oil

1-02-006-02 EXTERNAL COMBUSTION BOILERS - INDUSTRIAL

INDUSTRIAL BOILER - NATURAL GAS
10-100 MMBtu/Hr

3-05-104-96 MINERAL PRODUCTS

MINERAL PRODUCTS - BULK MATERIALS UNLOADING

OPERATION Chemical: Specify in Comments

3-90-900-06 IN-PROCESS FUEL USE

IN-PROCESS FUEL USE - FUEL STORAGE - FIXED

ROOF TANKS

OIL NO. 6: WORKING LOSS

Facility Emissions Summary In the following table, the CAS No. or Chemical Abstract Service code is an identifier assigned to every chemical compound. [NOTE: Certain CAS No.’s contain a ‘NY’ designation within them. These are not

true CAS No.’s but rather an identification which ha s been developed by the department to identify groups of contaminants which ordinary CAS No.’s do not do. As an exam ple, volatile organic compounds or VOC’s are identified collectively by the NY CAS No. 0NY998-00-0.] The PTE refers to the Potential to Emit. This is defined as the maximum capacity of a facility or air contaminant source to emit any air contaminant under its physical and operational desi gn. Any physical or operational limitation on the capacity of the facility or air contamination source to emit any air contaminant , including air pollution control equipment and/or restrictions on the hours of operation, or on the type or amount or material combusted, stored, or processed, shall be treated as part of the design only if the limitation is contained in federally enforceable permit conditions. The PTE Range represents an emission range for a contaminant. Any PTE quantity that is displayed represents a facility-wide emission cap or limitation for that contaminant. If no PTE quantity is displayed, the PTE Range is provided to indicate the approximate magnitude of facility-wide emissions for the specified c ontaminant in terms of tons per year (tpy). The term ‘HAP’ refers to any of the hazardous air pollu tants listed in section 112(b) of the Clean Air Act

Amendments of 1990. Total emissions of all hazar dous air pollutants are listed under the special NY CAS No. 0NY100-00-0. In addition, each individual h azardous air pollutant is also listed under its own specific CAS No. and is identified in the list below by the (HAP) designation.

Cas No. Contaminant Name PTE lbs/yr Range

001746-01-6 2,3,7,8-

TETRACHLORODIBENZO-P- > 0 but < 10 tpy

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Modification Number: 1 05/16/2012

DIOXIN 000091-57-6 2-METHYL NAPHTHALENE > 0 but < 2.5 tpy
000056-49-5 3-METHYLCHOLANTHRENE > 0 but < 2.5 tpy

000057-97-6 7,12-
DIMETHYLBENZ[A]ANTHRA

CENE > 0 but < 2.5 tpy

000083-32-9 ACENAPHTHENE > 0 but < 10 tpy
000208-96-8 ACENAPHTHYLENE > 0 but < 10 tpy
000120-12-7 ANTHRACENE > 0 but < 10 tpy
007440-38-2 ARSENIC > 0 but < 10 tpy
000071-43-2 BENZENE > 0 but < 10 tpy
000056-55-3 BENZO(A)ANTHRACENE > 0 but < 10 tpy
000050-32-8 BENZO(A)PYRENE > 0 but < 10 tpy 000205-99-2 BENZO[B]FLUORANTHENE > 0 but < 10 tpy
000191-24-2 BENZO[G,H,I]PERYLENE > 0 but < 10 tpy
000207-08-9 BENZO[K]FLUORANTHENE > 0 but < 10 tpy
007440-41-7 BERYLLIUM > 0 but < 10 tpy
007440-43-9 CADMIUM > 0 but < 10 tpy
000124-38-9 CARBON DIOXIDE >= 250 tpy but <
75,000 tpy
000630-08-0 CARBON MONOXIDE >= 250 tpy but <
75,000 tpy
016887-00-6 CHLORIDE ION CL- > 0 but < 2.5 tpy
007782-50-5 CHLORINE > 0 but < 10 tpy
007440-47-3 CHROMIUM > 0 but < 10 tpy
000218-01-9 CHRYSENE > 0 but < 10 tpy
007440-48-4 COBALT >= 10 tpy 000053-70-3 DIBENZ[A,H]ANTHRACENE > 0 but < 10 tpy
025321-22-6 DICHLOROBENZENE > 0 but < 2.5 tpy
000100-41-4 ETHYLBENZENE > 0 but < 10 tpy
000206-44-0 FLUORANTHENE > 0 but < 10 tpy
000050-00-0 FORMALDEHYDE >= 10 tpy
0NY100-00-0 HAP >= 250 tpy but <
75,000 tpy
000110-54-3 HEXANE >= 10 tpy
007647-01-0 HYDROGEN CHLORIDE >= 10 tpy
007664-39-3 HYDROGEN FLUORIDE >= 10 tpy
000193-39-5 INDENO[1,2,3-
CD]PYRENE > 0 but < 10 tpy

007439-92-1 LEAD > 0 but < 10 tpy
007439-96-5 MANGANESE > 0 but < 10 tpy
007439-97-6 MERCURY > 0 but < 10 tpy
000091-20-3 NAPHTHALENE > 0 but < 10 tpy

007440-02-0 NICKEL METAL AND

INSOLUBLE COMPOUNDS >= 10 tpy

0NY210-00-0 OXIDES OF NITROGEN >= 250 tpy but <
75,000 tpy
0NY075-00-0 PARTICULATES >= 250 tpy but <
75,000 tpy
000085-01-8 PHENANTHRENE > 0 but < 10 tpy
007723-14-0 PHOSPHORUS (YELLOW) > 0 but < 10 tpy
0NY075-00-5 PM-10 >= 250 tpy but <
75,000 tpy

001336-36-3 POLYCHLORINATED

BIPHENYL > 0 but < 10 tpy

000129-00-0 PYRENE > 0 but < 10 tpy
007782-49-2 SELENIUM > 0 but < 10 tpy
0NY035-16-0 SULFUR (S 035) >= 250 tpy but <
75,000 tpy
007446-09-5 SULFUR DIOXIDE >= 250 tpy but <
75,000 tpy
000108-88-3 TOLUENE > 0 but < 10 tpy
0NY998-00-0 VOC >= 250 tpy but <
75,000 tpy

Page 8 of 28New York State Department of Environmental Conservation 

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Permit ID: 7-3512-00030/00023

Renewal Number: 1

Modification Number: 1 05/16/2012

NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS

Item A: Emergency Defense - 6 NYCRR 201-1.5 An emergency constitutes an affirmativ e defense to an action brought for noncompliance with emissions limitations or permit conditions for all facilities in New York State.

(a) The affirmative defense of emerge ncy shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An emergency occurred and that the facility owner and/or operator can identify the cause(s) of the emergency; (2) The equipment at the permitted facility causing the emergency was at the time being properly operated; (3) During the period of the emergency the facility owner and/or operator took all reasonable steps to minimize levels of emissions that exceeded the emission standards, or other requirements in the permit; and (4) The facility owner and/or operator notified the Department within two working days after the event occurred. This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken. (b) In any enforcement pr oceeding, the facility owner and/or operator seeking to establish the occurrence of an emergency has the burden of proof. (c) This provision is in addition to any emergency or upset provision contained in any applicable requirement.

Item B: Public Access to Recordkeeping for Title V Facilities - 6 NYCRR 201-1.10(b) The Department will make available to the public any permit application, compliance plan, permit, and monitoring and compliance certification report pursuant to Section 503(e) of the Act, except for informa tion entitled to confidentia l treatment pursuant to 6 NYCRR Part 616 - Public Access to records and Section 114(c) of the Act.

Item C: Timely Application for the Renewa l of Title V Permits -6 NYCRR Part 201-6.3(a)(4)

Owners and/or operators of facilities having an issued Title V permit shall submit a complete application at least 180 days, but not more than eighteen months, prior to the date of permit expira tion for permit renewal purposes.

Item D: Certification by a Responsible Official - 6 NYCRR Part 201-6.3(d)(12) Any application, form, report or compliance certification required to be submitted pursuant to the federally enforceable portions of this permit shall contain a certification of truth, accuracy and completeness by a responsible official.This certification shall state that based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

Item E: Requirement to Comply With All Conditions - 6 NYCRR Part 201-6.5(a)(2) The permittee must comply with all conditions of the Title V facility permit. Any permit non-compliance constitutes a violation of th e Act and is grounds for enforcement action; for permit termination, revocation and reissuan ce, or modification; or for denial of a permit renewal application.

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Modification Number: 1 05/16/2012

Item F: Permit Revocation, Modification , Reopening, Reissuance or Termination, and

Associated Information Submissi on Requirements - 6 NYCRR Part 201-6.5(a)(3) This permit may be modified, revoked, re opened and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition.

Item G: Cessation or Reduction of Permitted Activity Not a Defense - 6 NYCRR 201-6.5(a)(5) It shall not be a defense for a permittee in an enforcement action to claim that a cessation or reduction in the permitted activity w ould have been necessary in order to maintain compliance with the conditions of this permit.

Item H: Property Rights - 6 NYCRR 201-6.5(a)(6) This permit does not convey any property rights of any sort or any exclusive privilege.

Item I: Severability - 6 NYCRR Part 201-6.5(a)(9) If any provisions, parts or conditions of this permit are found to be invalid or are the subject of a challenge, the remainder of this permit shall continue to be valid.

Item J: Permit Shield - 6 NYCRR Part 201-6.5(g) All permittees granted a Title V facility permit shall be covered under the protection of a permit shield, except as provided unde r 6 NYCRR Subpart 201-6. Compliance with the conditions of the permit shall be deemed compliance with any applicable requirements as of the date of permit issuance, provided that such applicable requirements are included and are specifically identified in the permit, or the Department, in acting on the permit application or revision, determines in writing that other requirements specifically identified are not applicable to the major stationary source, and the permit includes the determination or a concise summary thereof. Nothing herein shall preclude the Department from revising or revoking the permit pursuant to 6 NYCRR Part 621 or from exercising its summary abatement authority. Nothing in this permit shall alter or affect the following: i. The ability of the Department to seek to bring suit on behalf of the State of New York, or the Administrator to seek to bring suit on behalf of the United States, to immediately restrain any person causing or contributing to pollution presenting an imminent and substantial endangerment to public health, welfare or the environment to stop the emission of air pollutants causing or contributing to such pollution;

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

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

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

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Modification Number: 1 05/16/2012

Item K: Reopening for Cause - 6 NYCRR Part 201-6.5(i) This Title V permit shall be reopened a nd revised under any of th e following circumstances: i. If additional applicable requirements under the Act become applicable where this permit's remaining term is three or more years, a reopening shall be completed not later than 18 months after promulgation of the applicable requirement. No such reopening is re quired if the effective date of the requirement is later than the date on which this permit is due to expire, unless the original permit or any of its terms and conditions has been extended by the Department pursuant to the provisions of Part 2 01-6.7 and Part 621.

ii. The Department or the Administrator determines that the permit contains a

material mistake or that inaccurate stat ements were made in establishing the emissions standards or other terms or conditions of the permit.

iii. The Department or the Administrator determines that the Title V permit must be revised or reopened to assure compliance with applicable requirements.

iv. If the permitted facility is an "affected source" subject to the requirements of Title IV of the Act, and additional requirements (including excess emissions requirements) become applicable. Upon approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the permit.

Proceedings to reopen and issue Title V facility permits shall follow the same procedures as apply to initial permit issuance but shall affect only those parts of the permit for which cause to reopen exists. Reopenings shall not be initiated before a notice of such intent is provided to the facility by the Department at least thirty days in advance of the date that the permit is to be reopened, except that the Department may provide a shorter time period in the case of an emergency.

Item L: Permit Exclusion - ECL 19-0305 The issuance of this permit by the Depa rtment and the receipt thereof by the Applicant

does not and shall not be construed as barring, diminishing, adjudicating or in any way affecting any legal, administrative or equitable rights or claims, actions, suits, causes of action or demands whatsoever that the Department may have against the Applicant for

violations based on facts and circumstances alleged to have occurred or existed prior to the effective date of this permit, including, but not limited to, any enforcement action authorized pursuant to the provisions of applicable federal law, the Environmental

Conservation Law of the State of Ne w York (ECL) and Chapter III of the Official Compilation of the Codes, Rules and Regulations of the State of New York (NYCRR). The issuance of this permit also shall not in any way affect pending or future enforcement actions under the Clean Air Act brought by the United States or any person.

Item M: Federally Enforceable Requirements - 40 CFR 70.6(b) All terms and conditions in this permit re quired by the Act or any applicable requirement, including any provisions designed to limit a facility's potential to emit, are enforceable by the Administrator and citizens under the Act. The Department has, in this permit, specifically designated any terms and conditions that are not required under the Act or under any of its applicable requirements as bei ng enforceable under onl y state regulations.

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Modification Number: 1 05/16/2012

NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS

Item A: General Provisions for Stat e Enforceable Permit Terms and Condition - 6

NYCRR Part 201-5 Any person who owns and/or operates sta tionary sources shall operate and maintain all emission units and any required emission control devices in compliance with all applicable Parts of this Chapter and existing laws, and shall operate the fac ility in accordance with all criteria, emission limits, terms, conditions, and standards in this permit. Failure of such person to properly operate and maintain the effectiveness of such emission units and emission control devices may be sufficien t reason for the Department to revoke or deny a permit.

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

Regulatory Analysis

Location Regulation Condition Short Description Facility/EU/EP/Process/ES

------------------------------------------------------------------------------------------------------------------------------- -

-- FACILITY ECL 19-0301 93 Powers and Duties of the Department with respect to air pollution control
U-00010 40CFR 52-A.21 76, 77 Prevention of Significant

Deterioration FACILITY 40CFR 60-A 43 General provisions
U-00006 40CFR 60-D.43(a)(1) 64 Sulfur Dioxide Standard: for liquid fossil fuel or liquid

fossil fuel and wood

residue. U-00006 40CFR 60-D.44(a)(1) 65 Standards of Nitrogen

Oxides for Gaseous

Fossil Fuel U-00006 40CFR 60-D.44(a)(2) 66 Standard of Nitrogen Oxides Liquid Fossil

Fuel U-00006 40CFR 60-D.44(b) 67 Standard of Nitrogen Oxide for Multiple

Fossil Fuels U-00010/-/OIL 40CFR 60-Dc.42c(h) 83 Exemption from Averaging Requirements
U-00010/-/OIL 40CFR 60-Dc.42c(i) 84 Standard for Sulfur

Dioxide Period of Requirements. U-00010/-/OIL 40CFR 60-Dc.43c(c) 85 Standard for Opacity.
U-00010/-/OIL 40CFR 60-Dc.43c(d) 86 Time Period Requirements for Opacity

Page 12 of 28New York State Department of Environmental Conservation 

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Modification Number: 1 05/16/2012

U-00010/-/OIL 40CFR 60-Dc.44c(h) 87 Alternative Compliance and

Performance Test

Methods and

Procedures for Sulfur

Dioxide. U-00010/-/OIL 40CFR 60-Dc.45c(a) 88 Compliance and

Performance Test

Methods and

Procedures for

Particulate Matter. U-00010/-/OIL 40CFR 60-Dc.46c(e) 89 Exemption from Emission Monitoring

for Sulfur Dioxide. U-00010/-/OIL 40CFR 60-Dc.48c(d) 90 Reporting and Recordkeeping Requirements.

U-00010/-/OIL 40CFR 60-

Dc.48c(e)(11) 91 Reporting and Recordkeeping requirements - fuel supplier

certifications U-00010/-/OIL 40CFR 60-Dc.48c(f)(1) 92 Reporting and Recordkeeping Requirements
(distillate oil). U-00010 40CFR 60-Dc.48c(g) 79 Reporting and Recordkeeping Requirements.

FACILITY 40CFR 64 44 COMPLIANCE ASSURANCE

MONITORING

FACILITY 40CFR 68 21 Chemical accident prevention provisions FACILITY 40CFR 72 45 Permits regulation

FACILITY 40CFR 82-F 22 Protection of Stratospheric Ozone - recycling and

emissions reduction FACILITY 6NYCRR 200.6 1 Acceptable ambient air quality.

FACILITY 6NYCRR 200.7 10 Maintenance of equipment.

FACILITY 6NYCRR 201-1.4 94 Unavoidable noncompliance and

violations FACILITY 6NYCRR 201-1.7 11 Recycling and Salvage

FACILITY 6NYCRR 201-1.8 12 Prohibition of

reintroduction of

collected

contaminants to the

air FACILITY 6NYCRR 201-3.2(a) 13 Exempt Activities - Proof of eligibility
FACILITY 6NYCRR 201-3.3(a) 14 Trivial Activities - proof of eligibility
FACILITY 6NYCRR 201-6 23, 46, 47 Title V Permits and

the Associated Permit

Conditions
FACILITY 6NYCRR 201-6.5(a)(4) 15 General conditions
FACILITY 6NYCRR 201-6.5(a)(7) 2, 1 -1 General conditions

Fees FACILITY 6NYCRR 201-6.5(a)(8) 16 General conditions
FACILITY 6NYCRR 201-6.5(c) 3 Permit conditions for Recordkeeping and Reporting of

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Compliance Monitoring
FACILITY 6NYCRR 201-6.5(c)(2) 4 Permit conditions for Recordkeeping and Reporting of Compliance Monitoring

FACILITY 6NYCRR 201-
6.5(c)(3)(ii 5 Permit conditions for Recordkeeping and Reporting of Compliance Monitoring FACILITY 6NYCRR 201-6.5(d)(5) 17 Compliance schedules FACILITY 6NYCRR 201-6.5(e) 6 Compliance

Certification FACILITY 6NYCRR 201-6.5(f)(6) 18 Off Permit Changes FACILITY 6NYCRR 201-6.5(g) 24 Permit shield
FACILITY 6NYCRR 201-7 48 Federally Enforceable Emissions Caps
U-00010 6NYCRR 201-7 76, 77 Federally Enforceable Emissions Caps FACILITY 6NYCRR 202-1.1 19, 1 -3 Required emissions

tests.
FACILITY 6NYCRR 202-2.1 7 Emission Statements - Applicability

FACILITY 6NYCRR 202-2.5 8 Emission Statements - record keeping requirements. U-00005 6NYCRR 207.3(d) 49 Episode actions U-00006 6NYCRR 207.3(d) 59 Episode actions

FACILITY 6NYCRR 211.1 1 -4 General Prohibitions - air pollution prohibited
FACILITY 6NYCRR 211.2 95, 1 -19 General Prohibitions

- visible emissions

limited.

FACILITY 6NYCRR 211.3 20 General Prohibitions

- visible emissions

limited FACILITY 6NYCRR 215 9 Open Fires FACILITY 6NYCRR 215.2 1 -2 Open Fires -

Prohibitions
U-00009/-/P91 6NYCRR 225-1.2(d) 74 Sulfur-in-fuel

limitations - Table 2

U-00005 6NYCRR 225-1.5 50 General Variances

Fuel Mixtures.

U-00006 6NYCRR 225-1.5 60 General Variances

Fuel Mixtures.
U-00005 6NYCRR 225-1.7(c) 51 Emission and fuel monitoring. FACILITY 6NYCRR 225-1.8 25 Reports, sampling and analysis.
U-00009/-/P91 6NYCRR 227.2(b)(1) 75 Particulate

emissions.
U-00010/-/OIL 6NYCRR 227.2(b)(1) 82 Particulate

emissions.
U-00005 6NYCRR 227-1.2(a)(1) 52 Particulate Emissions from Liquid Fuels.
U-00006 6NYCRR 227-1.2(a)(1) 61 Particulate Emissions from Liquid Fuels.

FACILITY 6NYCRR 227-1.3 26 Smoke Emission

Limitations.

U-00009 6NYCRR 227-1.3 72 Smoke Emission

Limitations.

U-00010 6NYCRR 227-1.3 78 Smoke Emission

Limitations.
U-00005/00005 6NYCRR 227-1.3(a) 57 Smoke Emission

Limitations.

Page 14 of 28New York State Department of Environmental Conservation 

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Modification Number: 1 05/16/2012

U-00006/00006 6NYCRR 227-1.3(a) 70 Smoke Emission

Limitations. U-00005/00005 6NYCRR 227-1.4(b) 58 Stack Monitoring U-00006/00006 6NYCRR 227-1.4(b) 71 Stack Monitoring
U-00010/-/GAS 6NYCRR 227-2.4(c)(2) 80 Emission limitations

for mid-sized boilers firing gas,

distillate or

residual fuels.
U-00010/-/OIL 6NYCRR 227-2.4(c)(2) 81 Emission limitations

for mid-sized boilers firing gas,

distillate or

residual fuels. U-00005 6NYCRR 227-2.5(b) 1 -20 System averaging
plan. U-00005 6NYCRR 227-2.5(b) 53 System-wide averaging option. U-00006 6NYCRR 227-2.5(b) 62 System-wide averaging option. U-00006 6NYCRR 227-2.5(b) 1 -23 System averaging
plan. U-00009 6NYCRR 227-2.5(b) 73 System-wide averaging option.
U-00005 6NYCRR 227-2.5(c) 1 -21, 1 -22 Alternative RACT option.
U-00006 6NYCRR 227-2.5(c) 1 -24, 1 -25 Alternative RACT option.
U-00009 6NYCRR 227-2.5(c) 1 -26 Alternative RACT option.
U-00010 6NYCRR 227-2.5(c) 1 -27 Alternative RACT option. U-00005 6NYCRR 227-2.6 54, 1 -5, 1 -6 Testing, monitoring, and reporting requirements U-00006 6NYCRR 227-2.6 63, 1 -12, 1 -13 Testing, monitoring, and reporting requirements

U-00010 6NYCRR 231-2 77 New Source Review in

Nonattainment Areas
and Ozone Transport Region FACILITY 6NYCRR 242 96 CO2 Budget Trading

Program FACILITY 6NYCRR 243-1.6(a) 27 Permit Requirements -

CAIR NOx Ozone Season Trading Program FACILITY 6NYCRR 243-1.6(b) 28 Monitoring Requirements - CAIR

NOx Ozone Season Trading Program

FACILITY 6NYCRR 243-1.6(c) 29 NOx Ozone Season Emission Requirements

- CAIR NOx Ozone Season Trading

Program FACILITY 6NYCRR 243-1.6(d) 30 Excess Emission Requirements - CAIR

NOx Ozone Season Trading Program FACILITY 6NYCRR 243-1.6(e) 31 Recordkeeping and reporting requirements - CAIR

NOx Ozone Season Trading Program

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FACILITY 6NYCRR 243-2.1 32 Authorization and responsibilities - CAIR Designated Representative

FACILITY 6NYCRR 243-2.4 33 Certificate of representation - CAIR Designated Representative FACILITY 6NYCRR 243-8.1 34 General Requirements - Monitoring and Reporting
FACILITY 6NYCRR 243-8.5(d) 35 Quarterly reports re: recordkeeping and reporting - Monitoring and Reporting FACILITY 6NYCRR 243-8.5(e) 36 Compliance

certification re: recordkeeping and reporting - Monitoring and Reporting

FACILITY 6NYCRR 244-1 37 CAIR NOx Ozone Annual Trading Program

General Provisions FACILITY 6NYCRR 244-2 38 CAIR Designated Representative for

CAIR NOx Sources FACILITY 6NYCRR 244-8 39 Monitoring and Reporting CAIR NOx

Allowances FACILITY 6NYCRR 245-1 40 CAIR SO2 Trading
Program General

Provisions FACILITY 6NYCRR 245-2 41 CAIR Designated Representative for

CAIR SO2 Sources FACILITY 6NYCRR 245-8 42 Monitoring and Reporting for CAIR SO2 Trading Program

U-00005 6NYCRR 249.3(a) 1 -7, 1 -8, 1 -9,

1 -10 BART Emission

Limitation Requirements for

Sources
U-00006 6NYCRR 249.3(a) 1 -14, 1 -15, 1 -
16, 1 -17 BART Emission

Limitation Requirements for

Sources
U-00005 6NYCRR 249.3(f) 1 -11 Each BART

determination established by the Department will be

submitted to the EPA
for approval as a SIP

revision.

U-00006 6NYCRR 249.3(f) 1 -18 Each BART

determination established by the Department will be

submitted to the EPA
for approval as a SIP

revision.

Applicability Discussion:

Page 16 of 28New York State Department of Environmental Conservation 

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Modification Number: 1 05/16/2012

Mandatory Requirements: The following facility-wide regulations are included in all Title V permits:

ECL 19-0301

This section of the Environmental Conservation La w establishes the powers and duties assigned to the Department with regard to administering the air pollution control program for New York State.

6 NYCRR 200.6 Acceptable ambient air quality - prohib its contravention of ambient air quality standards without mitigating

measures

6 NYCRR 200.7 Anyone owning or operating an air contamination s ource which is equipped with an emission control device must operate the control consistent with ordinary and necessary practices, standards and procedures, as per manufacturer's specifications and keep it in a satisfactory state of maintenance and repair so that it operates effectively

6 NYCRR 201-1.4 This regulation specifies the actions and recordkeeping and reporting requirements for any violation of an applicable state enforceable emi ssion standard that results from a necessary scheduled equipment maintenance, start-up, shutdown, malfunction or upset in the event that these are unavoidable.

6 NYCRR 201-1.7 Requires the recycle and salvage of coll ected air contaminants where practical

6 NYCRR 201-1.8

Prohibits the reintroduction of collected air contaminants to the outside air

6 NYCRR 201-3.2 (a) An owner and/or operator of an exempt emission sour ce or unit may be required to certify that it operates within the specific criteria described in this Subpart. All required records must be maintained on-site for a period of 5 years and made availabl e to department representatives upon request. In add ition, department representatives must be granted acce ss to any facility which contains exempt emission sources or units, during normal operating hours, for the purpose of determining compliance with this and any other state and federal air pollution control re quirements, regulations, or law.

6 NYCRR 201-3.3 (a) The owner and/or operator of a trivial emission sour ce or unit may be required to certify that it operates within the specific criteria described in this Subpart. All required records must be maintained on-site for a period of 5 years and made availabl e to department representatives upon request. In add ition, department representatives must be granted access to any facility which contains trivial emission sources or units subject to this Subpart, during normal operating hours, for the purpose of determining compliance with this and any other state and federal air pollution control requirements, regulations, or law.

6 NYCRR Subpart 201-6 This regulation applies to those terms and conditions which are subject to Title V permitting. It establishes the applicability criteria for Title V permits, the information to be included in all Title V permit applications as well as the permit content and terms of permit issuance. This rule also specifies the compliance, monitoring, recordkeeping, reporting, fee, and procedural requirements that need to be met to obtain a Title V permit, modify the permit and demonstrate conformity with applicable requirements as listed in the Title V permit. For permitting purposes, this rule specifies the need to identify and describe all emission units, processes and products in the permit a pplication as well as providing the Department the

Page 17 of 28New York State Department of Environmental Conservation 

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authority to include this and any other information that it deems necessary to determine the compliance status of the facility.

6 NYCRR 201-6.5 (a) (4) This mandatory requirement applies to all Title V facilities. It requires the permittee to provide information that the Department may request in writing, within a reasonable time, in order to determine whether cause exists for modifying, revoking and rei ssuing, or terminating the permit or to determine compliance with the permit. The request may include copi es of records required to be kept by the permit.

6 NYCRR 201-6.5 (a) (7) This is a mandatory condition that requires the owner or operator of a facility subject to Title V requirements to pay all applicable fees associated with the emissions from their facility.

6 NYCRR 201-6.5 (a) (8) This is a mandatory condition for all facilities subject to Title V requirements. It allows the Department to inspect the facility to determine compliance with this permit, including copying records, sampling and monitoring, as necessary.

6 NYCRR 201-6.5 (c) This requirement specifies, in general terms, what information must be contained in any required compliance monitoring records and reports. This includes the date, time and place of any sampling, measurements and analyses; who performed the analyses; analytical techniques and methods used as well as any required QA/QC procedures; results of the analyses; the operating conditions at the time of sampling or measurement and the identification of any permit deviations. All such reports must also be certified by the designated respons ible official of the facility.

6 NYCRR 201-6.5 (c) (2) This requirement specifies that all compliance mon itoring and recordkeeping is to be conducted according to the terms and conditions of the permit and follow all QA requirements found in applicable regulations. It also requires monitoring records and supporting information to be retained for at least 5 years from the time of sampling, measurement, report or applicati on. Support information is defined as including all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit.

6 NYCRR 201-6.5 (c) (3) (ii) This regulation specifies any reporting requirements incorporated into the permit must include provisions regarding the notification and reporting of permit devia tions and incidences of noncompliance stating the probable cause of such deviations, and any co rrective actions or preventive measures taken.

6 NYCRR 201-6.5 (d) (5) This condition applies to every Title V facility subject to a compliance schedule. It requires that reports, detailing the status of progress on achieving compliance with emission standards, be submitted semiannually.

6 NYCRR 201-6.5 (e) Sets forth the general requirements for compliance certification content; specifies an annual submittal frequency; and identifies the EPA and appropriate regiona l office address where the reports are to be sent.

6 NYCRR 201-6.5 (f) (6) This condition allows changes to be made at the facility, without modifying the permit, provided the changes do not cause an emission limit contained in th is permit to be exceeded. The owner or operator of

Page 18 of 28New York State Department of Environmental Conservation 

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Modification Number: 1 05/16/2012

the facility must notify the Department of the change. It is applicable to all Title V permits which may be subject to an off permit change.

6 NYCRR 201-6.5 (g) Permit Exclusion Provisions - specifies those actions, such as administrative orders, suits, claims for natural resource damages, etc that are not affected by the federally enforceable portion of the permit, unless they are specifically addressed by it.

6 NYCRR 202-1.1 This regulation allows the department the discre tion to require an emission test for the purpose of determining compliance. Furthermore, the cost of the test, including the preparation of the report are to be borne by the owner/operator of the source.

6 NYCRR 202-2.1 Requires that emission statements sh all be submitted on or before April 15th each year for emissions of the previous calENDar year.

6 NYCRR 202-2.5 This rule specifies that each facility required to subm it an emission statement must retain a copy of the statement and supporting documentation for at least 5 years and must make the information available to department representatives.

6 NYCRR 211.2 This regulation limits opacity from sources to less than or equal to 20 percent (six minute average) except for one continuous six-minute period per hour of not more than 57 percent opacity.

6 NYCRR Part 215 Except as allowed by section 215.3 of 6 NYCRR Part 215, no person shall burn, cause, suffer, allow or permit the burning of any materials in an open fire.

6 NYCRR 215.2 Except as allowed by section 215.3 of 6 NYCRR Part 215, no person shall burn, cause, suffer, allow or permit the burning of any materials in an open fire.

40 CFR Part 68 This Part lists the regulated substances and there applicability thresholds and sets the requirements for stationary sources concerning the prevention of accidental re leases of these substances.

40 CFR Part 82, Subpart F Subpart F requires the reduction of emissions of class I and class II refrigerants to the lowest achievable level during the service, maintenance, repair, and di sposal of appliances in accordance with section 608 of the Clean Air Act AmENDments of 1990. This subpart applies to any person servicing, maintaining, or repairing appliances except for motor vehicle air c onditioners. It also applies to persons disposing of appliances, including motor vehicle air conditioners , refrigerant reclaimers , appliance owners, and manufacturers of appliances and recycling and rec overy equipment. Those individuals, operations, or activities affected by this rule, may be required to comply with specified disposal, recycling, or recovery practices, leak repair practices, recordkeepi ng and/or technician certification requirements.

Facility Specific Requirements

Page 19 of 28New York State Department of Environmental Conservation 

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In addition to Title V, OSWEGO HARBOR POWER has been determined to be subject to the following regulations:

40 CFR 52.21 This citation applies to facilities that are subject to Prevention of Significant Deterioration provisions; ie: facilities that are located in an attainment area and that emit pollutants which are listed in 40 CFR 52.21(b)(23)(i) .

40 CFR 60.42c (h) This regulation requires that compliance with emission limits and/or fuel oil sulfur limitations be based on a certification from the fuel supplier as stated in paragraph 40 CFR 60-Dc.48c(f)(1), (2), or (3) as applicable

40 CFR 60.42c (i) This regulation requires that the sulfur dioxide emi ssion limits, percentage reductions, and fuel oil sulfur limitations apply at all times, including periods of startup, shutdown, and malfunction.

40 CFR 60.43 (a) (1) This regulation requires that the sulfur dioxide emissions, while firing liquid fossil fuel or liquid fossil fuel and wood residue, not exceed 0.80 lb/mmBtu

40 CFR 60.43c (c) This regulation requires that on or after the date on which the initial performance test is completed or is required to be completed, an affected facility that co mbusts coal, wood, or oil and has a heat input of 30 million Btu per hour (8.7 MW) or greater, shall not cause any gases to be discharged to the atmosphere, that exhibit an opacity greater th an 20% (based on a 6-minute average) or exceeds 27% for one 6-minute period per hour.

40 CFR 60.43c (d) This regulation requires that the particulate ma tter and opacity standards of section 40 CFR 60- Dc.43c apply at all times, except during peri ods of startup, shutdown, and malfunction.

40 CFR 60.44 (a) (1) This regulation specifies that the emissions of nitrogen oxide, while firing gaseous fossil fuel, must not

exceed 0.20 lb/mmBtu

40 CFR 60.44 (a) (2) This regulation specifies that the emissions of nitrogen oxide, while firing liquid fossil fuel, liquid fossil fuel and wood residue, or gase ous fossil fuel and wood residue , must not exceed 0.30 lb/mmBtu

40 CFR 60.44 (b) This regulation provides the equation to be used to determine the emissions of nitrogen oxide (in lb/mmBtu) while firing multiple fuels.

40 CFR 60.44c (h) This regulation requires facilities demonstrating co mpliance through vender certification to follow the compliance procedures listed in the appropriate paragraphs of 40 CFR 60-Dc.48c.

40 CFR 60.45c (a) This regulation requires that the opacity of the emissions be monitored during the stack test. The opacity may not exceed 20%.

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Modification Number: 1 05/16/2012

40 CFR 60.46c (e) This regulation allows facilities subject to paragraphs 40 CFR 60-Dc.42c(h)(1), (2), or (3) who show compliance through vendor certification, to be exempt from the monitoring requirements of section 40

CFR 60-Dc.46c

40 CFR 60.48c (d) This regulation requires the owner or operator of the facility subject to the SO 2 emission limits, fuel oil

sulfur limits, or percent reduction requiremnts under §60.42c, to submit semi-annual reports to the EPA

40 CFR 60.48c (e) (11) If fuel supplier certifications are used to demonstrate compliance with the distillate oil specifications under 40 CFR 60-Dc.41c, then reports shall include a certified statement signed by the owner or operator that the records of fuel supplier certifications submitted represent all of the fuel combusted during the reporting period.

40 CFR 60.48c (f) (1) Fuel supplier certifications for distilla te oil shall include the name of the oil supplier and a statement from the oil supplier that the o il complies with the specification under the definition of distillate oil in 40 CFR

60-Dc.41c

40 CFR 60.48c (g) The owner or operator of each affected facility sha ll record and maintain r ecords of the amount of each fuel combusted during each day.

40 CFR Part 60, Subpart A This regulation contains the General Provisions of 40 CFR 60. The facility owner is responsible for reviewing these general provisions in detail and comp lying with all applicable technical, administrative and reporting requirements

40 CFR Part 64 The federal Compliance Assurance Monitoring (CAM) rule, 40 CFR Part 64, requires monitoring of control device, capture system, and/or process parameters to provide a reasonable assurance of compliance with emission limitations or standards. It applies to emission units that use a control device to comply with certain standards and limita tions and that have potential pre-control device emissions equal to or greater than a major source threshold.

Acid Rain program requirements; stratospheric ozone protection requirements; post-1990 New Source Performance Standards, Emission Guidelines, a nd National Emission Sta ndards for Hazardous Air Pollutants; and some other limitations are exempt from CAM. However, many of the exempt requirements are subject to less stringent periodic monitoring under 40 CFR Part 70 and 6NYCRR Subpart 201-6.

40 CFR Part 72

In order to reduce acid rain the the U.S. and Canada , Title IV of the Clean Air Act Amendments of 1990 requires the establishment of a program to reduce emi ssions of SO2 and NOx (sulfer dioxide and oxides of nitrogen). Fossil fuel burning electric utility companies are a major source of these contaminants in the US. These sources where regulated in a phased approach. Phase I, which began in 1995, requires 110 of the higher-emitting utility plants in the eastern and Midwest states to meet intermediate SO2

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emission limitations. Phase II, which began in 2000, tightens the emission limitations and expands the coverage to most fossil fuel burning utilities. The utilities are given "allowances" which is a limited authorization to emit one ton of SO2. The utilities are required to limit SO2 emissions to the number of allowances they hold. Some can benefit however by reducing their emissions and selling their excess allowances. Part 72 contains the means of implementing this portion of Title IV of the Clean Air Act.

6 NYCRR 207.3 (d) This regulation requires a source with an approved air pollution episode plan to implement that plan during an air pollution episode.

6 NYCRR 211.1 This regulation requires that no person shall cause or allow emissions of air contaminants to the outdoor atmosphere of such quantity, characteristic or duration which are injurious to human, plant or animal life or to property, or which unreasonably interfere with the comfortable enjoyment of life or property.

6 NYCRR 225-1.2 (d) The sulfur-in-fuel limitations for residual and distillate oil and for solid fuel are listed in Tables 1,2 and 3 or 6 NYCRR Part 225-1.2(c), (d) and (e)

6 NYCRR 225-1.5 This regulation allows for the use of a fuel with a sulfur content greater than that allowed on Tables 1,2

or 3 of 6 NYCRR Part 225-1.2 if the source owner can show that the emissions of sulfur dioxide do not exceed the amount allowed using the equation cited in this regulation.

6 NYCRR 225-1.7 (c) This regulation requires that measur ements be made daily of the rate of each fuel burned, the gross

heat content and ash content of each fuel burne d (determined at least once per week), and the average electrical output (daily) and hourly generation rate.

6 NYCRR 225-1.8 This regulation requires an owner or operator of a facility which purchases and fires coal and/or oil to s ubmit reports to the commissioner containing fuel analysis data, information on the quantity of the fuel received, burned, and results of any stack sampling, stack monitoring and any other procedures to ensure compliance with the provisions of 6 NYCRR Part 225-1.

6 NYCRR 227.2 (b) (1) This regulation is from the 1972 versi on of Part 227 and still remains as part of New York's SIP. The rule establishes a particulate limit of 0.10 lbs/mmBtu based on a 2 hour average emission for any oil fired stationary combustion installation.

6 NYCRR 227-1.2 (a) (1) This regulation establishes a particulate emission limit in terms of lbs per mmBtu of heat input for stationary combustion units of greater than 250 mmBtu/hr heat input capacity which fire coal, oil, or coal

derived fuels.

6 NYCRR 227-1.3 This regulation requires a limitation and compliance monitoring for opacity from a stationary combustion

installation.

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6 NYCRR 227-1.3 (a) This regulation prohibits any person from operating a stationary combustion installation which emits smoke equal to or greater than 20% opacity except for one six-minute period per hour of not more than 27% opacity.

6 NYCRR 227-1.4 (b) This regulation requires the specific contents of excess emissions reports for opacity from facilities that employ continuous opacity monitors (COMs).

6 NYCRR 227-2.4 (c) (2) This regulation requires mid-size boilers (fuel combustion units with a maximum heat input capacity greater than 50 million Btu per hour and equal to or less than 100 million Btu per hour that produce steam or heats water or any other heat transfer medium) to meet the following emission limits (listed in pounds NOx per million Btu) by Ma y 31, 1985: for Gas fuel - 0.10

for Distillate Oil - 0.12

for Residual Oil - 0.30 Compliance with these emission limits are determined with a 1-hour av erage in accordan ce with section 227-2.6(a)(4). If CEMs are used to determine compliance, the requirements of 227-2.6(b) apply, including the use of a 24-hour averaging period.

6 NYCRR 227-2.5 (b) System averaging plan NOx RACT compliance option.

6 NYCRR 227-2.5 (b) The system-wide average shall consist of a weighted average allowable emission rate based upon the weighted average of actual emissions from units that are operating. Excess reductions utilized in the system-wide average may only be counted from the lowest allowable emission rate. Simply put, only those emission reductions achieved beyond the most stringent emission rate, whether that be RACT or any other limit, may be counted.

6 NYCRR 227-2.5 (c) An Alternate NOX RACT emission limit for the engines at the facility is set to 5.6 grams per break horse power, and is based on the NOx RACT variance file by the owner and and approved by DEC.

6 NYCRR 227-2.6 This regulation establishes the compliance testi ng, monitoring, and reporting requirements for NOx

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RACT affected stationary combustion installations.

6 NYCRR 243-1.6 (a) This condition requires the facility to acknowledge that they are subject to this CAIR regulation and provide owner and contact information. It also re quires them to update this information as it changes or provide supplemental information at the Departments request.

6 NYCRR 243-1.6 (b) This condition obligates the owners and operators of the facility to comply with the monitoring and reporting requirements of the CAIR regulations.

6 NYCRR 243-1.6 (c) This citation explains the general provisions of the Clean Air Interstate Rule (CAIR) NOx Ozone Season Trading Program. This ozone season NOx cap and trade program runs from May 1 through September 30 each year, starting in 2009. Each source shall hol d a tonnage equivalent in CAIR NOx Ozone Season

allowances that is not less than the total tons of NOx emissions for the ozone season.

6 NYCRR 243-1.6 (d) This citation for the Clean Air Interstate Rule (CAIR) NOx Ozone Season Trading Program explains some of the penalties that can be imposed on a CAIR NOx Ozone Season source that does not surrender enough CAIR NOx Ozone Season allowances to cover their NOx Ozone Season emissions.

6 NYCRR 243-1.6 (e) This citation for the Clean Air Interstate Rule (CAIR) NOx Ozone Season Trading Program requires that all reports be submitted as required by this program, and that copies of all records and submissions made for this program be kept on site for at least five years.

6 NYCRR 243-2.1 This citation of the Clean Air Interstate Rule (CAIR) NOx Ozone Season Trading Program explains that an CAIR NOx Ozone Season designated representative must be selected to submit, sign and certify each submission on behalf of the source for the this program.

6 NYCRR 243-2.4 This condition describes the required elements of the "Certificate of Representation" for the CAIR program and the certifying language required with submissions to the Department.

6 NYCRR 243-8.1 This citation of the Clean Air Interstate Rule (CAIR) NOx Ozone Season Trading Program explains that CAIR NOx Ozone Season Trading Program sources must install, certify and operate monitoring systems the meet the monitoring, recordkeeping, and re porting requirements in S ubpart 6 NYCRR 243-8 and in Subpart H of 40 CFR Part 75.

6 NYCRR 243-8.5 (d) This citation of the Clean Air Interstate Rule (CAIR) NOx Ozone Season Trading Program explains the what requirements the quarterly reports must meet.

6 NYCRR 243-8.5 (e) This citation of the Clean Air Interstate Rule (CAIR) NOx Ozone Season Trading Program explains the compliance certification requirements the s ource must follow for each quarterly report.

Page 24 of 28New York State Department of Environmental Conservation 

### Permit Review Report

Permit ID: 7-3512-00030/00023

Renewal Number: 1

Modification Number: 1 05/16/2012

6 NYCRR 249.3 (a) This regulation is used to establish Best Available Retrofit (BART) requirements.

6 NYCRR 249.3 (f)

This section indicates that each BART determinati on will submitted to the EPA for approval as a revision

to the SIP.

6 NYCRR Part 242

This regulation outlines the requireme nts for the CO2 budget trading program.

6 NYCRR Subpart 201-7 This regulation sets forth an emissi on cap that cannot be exceeded by th e facility. In this permit that cap

is

6 NYCRR Subpart 231-2 The provisions of Subpart 231-2 apply to new or modified major facilities. The contaminants of concern state-wide are nitrogen oxides and volatile organic compounds since New York State is located in the ozone transport region and because there are ozone non-a ttainment areas within th e state. In addition, particulate matter less than 10 microns in size (PM-10) is a non-attainment contaminant in Manhattan County.

6 NYCRR Subpart 244-1 This subpart explains the general provisions of the Clean Air Interstate Rule (CAIR) Nitrogen Oxide (NOx) Annual Trading Program. The control period for this annual NOx cap and trade program runs from January 1 to December 31each year, starting in 2009. Each source shall hold a tonnage equivalent in CAIR NOx allowances that is not less than the total tons of NOx emissions for the control period.

6 NYCRR Subpart 244-2 Each Clean Air Interstate Rule (CAIR) NOx source shall have one CAIR designated representative and may have one alternate representative. Each submission for the CAIR NOx Annual Trading Program shall be submitted, signed, and certified by the CAIR designated representative or the alternate representative.

6 NYCRR Subpart 244-8 The owners, operators, and Clean Air Interstate Ru le (CAIR) designated representative of a CAIR NOx unit shall comply with the monitoring, recordkeepi ng, and reporting requirements as provided in Subpart 6 NYCRR Part 244-8 and in 40 CFR Part 75, Subpart s F and G. A certified NOx emission monitoring system must be used to measure NOx emissions. NOx emission reports must be certified and submitted quarterly.

6 NYCRR Subpart 245-1 This subpart explains the general provisions of the Cl ean Air Interstate Rule (CAIR) sulfur dioxide (SO2) Trading Program. The control period for this annual SO2 cap and trade program runs from January 1 to December 31, starting in the year 2010. Each sour ce shall hold a tonnage e quivalent in CAIR SO2 allowances that is not less than the total tons of SO2 emissions for the control period.

Page 25 of 28New York State Department of Environmental Conservation 

### Permit Review Report

Permit ID: 7-3512-00030/00023

Renewal Number: 1

Modification Number: 1 05/16/2012

6 NYCRR Subpart 245-2 Each Clean Air Interstate Rule (CAIR) SO2 source shall have one CAIR designated representative and may have one alternate representative. Each submission for the CAIR SO2 Trading Program shall be submitted, signed, and certified by the CAIR designated representative or the alternate representative.

6 NYCRR Subpart 245-8 The owners, operators, and Clean Air Interstate Rule (CAIR) designated representative of a CAIR SO2 unit shall comply with the monitoring, recordkeepi ng, and reporting requirements as provided in Subpart 6 NYCRR Part 245-8 and in 40 CFR Part 75, Subpart s F and G. A certified SO2 emission monitoring system must be used to measure SO2 emissions. SO2 emission reports must be certified and submitted quarterly..

Compliance Certification Summary of monitoring activi ties at OSWEGO HARBOR POWER:

Location Cond No. Type of Monitoring Facility/EU/EP/Process/ES

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FACILITY 43 record keeping/maintenance procedures U-00006 64 continuous emission monitoring (cem) U-00006 65 continuous emission monitoring (cem) U-00006 66 continuous emission monitoring (cem) U-00006 67 record keeping/maintenance procedures U-00010/-/OIL 85 monitoring of process or control device parameters

as surrogate U-00010/-/OIL 88 monitoring of process or control device parameters

as surrogate U-00010/-/OIL 90 record keeping/maintenance procedures U-00010/-/OIL 91 record keeping/maintenance procedures U-00010/-/OIL 92 record keeping/maintenance procedures U-00010 79 record keeping/maintenance procedures FACILITY 44 record keeping/maintenance procedures FACILITY 45 record keeping/maintenance procedures FACILITY 5 record keeping/maintenance procedures FACILITY 6 record keeping/maintenance procedures U-00010 76 monitoring of process or control device parameters

as surrogate U-00010 77 monitoring of process or control device parameters

as surrogate FACILITY 7 record keeping/maintenance procedures U-00009/-/P91 74 work practice involving specific operations U-00005 50 continuous emission monitoring (cem) U-00006 60 continuous emission monitoring (cem) U-00005 51 record keeping/maintenance procedures FACILITY 25 record keeping/maintenance procedures U-00009/-/P91 75 intermittent emission testing U-00010/-/OIL 82 intermittent emission testing U-00005 52 intermittent emission testing U-00006 61 intermittent emission testing FACILITY 26 record keeping/maintenance procedures U-00009 72 monitoring of process or control device parameters

as surrogate U-00010 78 monitoring of process or control device parameters

as surrogate U-00005/00005 57 monitoring of process or control device parameters

as surrogate

Page 26 of 28New York State Department of Environmental Conservation 

### Permit Review Report

Permit ID: 7-3512-00030/00023

Renewal Number: 1

Modification Number: 1 05/16/2012

U-00006/00006 70 monitoring of process or control device parameters

as surrogate U-00005/00005 58 record keeping/maintenance procedures U-00006/00006 71 record keeping/maintenance procedures U-00010/-/GAS 80 intermittent emission testing U-00010/-/OIL 81 intermittent emission testing U-00005 1-20 record keeping/maintenance procedures U-00005 53 record keeping/maintenance procedures U-00006 1-23 record keeping/maintenance procedures U-00006 62 record keeping/maintenance procedures U-00009 73 record keeping/maintenance procedures U-00005 1-21 monitoring of process or control device parameters

as surrogate U-00005 1-22 continuous emission monitoring (cem) U-00006 1-24 continuous emission monitoring (cem) U-00006 1-25 monitoring of process or control device parameters

as surrogate U-00009 1-26 continuous emission monitoring (cem) U-00010 1-27 continuous emission monitoring (cem) U-00005 1-5 record keeping/maintenance procedures U-00005 1-6 record keeping/maintenance procedures U-00005 54 record keeping/maintenance procedures U-00006 1-12 record keeping/maintenance procedures U-00006 1-13 record keeping/maintenance procedures U-00006 63 record keeping/maintenance procedures FACILITY 96 record keeping/maintenance procedures FACILITY 39 record keeping/maintenance procedures FACILITY 42 record keeping/maintenance procedures U-00005 1-7 record keeping/maintenance procedures U-00005 1-8 monitoring of process or control device parameters

as surrogate U-00005 1-9 continuous emission monitoring (cem) U-00005 1-10 monitoring of process or control device parameters

as surrogate U-00006 1-14 continuous emission monitoring (cem) U-00006 1-15 monitoring of process or control device parameters

as surrogate U-00006 1-16 monitoring of process or control device parameters

as surrogate U-00006 1-17 record keeping/maintenance procedures U-00005 1-11 record keeping/maintenance procedures U-00006 1-18 record keeping/maintenance procedures

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Basis for Monitoring

6NYCRR Part 201-7

Emission Unit U-00010 has emission caps of 39 tons per year for both NOx and SO2. these caps were implemented when the unit was installed to avoid applicability to PSD and NSR. Monitoring of emissions is required to ensure the unit's emissions remain under the applicability thresholds.

6NYCRR Part 225-1

Fuel oil used at the facility has a sulfur-in-fuel limitation. Monitoring must be performed to ensure the fuel oil meets the requirement.

6NYCRR Part 227-1

Page 27 of 28New York State Department of Environmental Conservation 

### Permit Review Report

Permit ID: 7-3512-00030/00023

Renewal Number: 1

Modification Number: 1 05/16/2012

Monitoring is required to ensure opacity and particulate emission limitations are met

6NYCRR Part 227-2

Prior to July 1, 2014 The facility is subject to NOx RACT requirements for combustion sources. Unit 10 is subject to the presumptive RACT limits for mid-sized boilers. The other units are part of a system wide averaging plan with other facilities and units within the established system. Monitoring is required to ensure the NOx RACT provisions are met.

Beginning July 1, 2014 Units 5, 6, 9, and 10 have alternate NOx RACT limits established in this permit.

6NYCRR Parts 242, 243, 244, and 245

The facility is subject to CO2, NOx and SO2 emission allowance and trading programs. Monitoring of emissions is required to ensure compliance with the provisions of these programs.

6NYCRR Part 249

Limits have been established for the regional haze (BART) requirements.

40 CFR 60 Subpart D and Dc

Units 6 and 10 are subject to NSPS rules for opacity, su lfur in fuel, and partic ulate emissions. Monitoring is required to ensure compliance with the provisions of these rules.

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