Facility DEC ID: 3334600075

 DEC Permit Conditions

 Renewal 2/FINAL Page 1

 PERMIT

 Under the Environmental Conservation Law (ECL)

 IDENTIFICATION INFORMATION

Permit Type: Air Title V Facility

Permit ID: 3-3346-00075/00008

 Effective Date: 11/02/2011 Expiration Date: 11/01/2016

Permit Issued To:DYNEGY NORTHEAST GENERATION INC

 992 RIVER RD

 NEWBURGH, NY 12550

Contact: MARK MCLEAN

 DYNEGY NORTHEAST GENERATION INC

 4 LONDON AVE- SUITE 200

 NEW WINDSOR, NY 12553

 (845) 563-4960

Facility: ROSETON GENERATING STATION

 992 RIVER RD

 NEWBURGH, NY 12550

Description:

Title V renewal 2. New Best Available Retrofit Technology (BART) requirements. NOx:

Lowering the existing emission limit from 0.25 lb/mmBtu to 0.20 lb/mmBtu (24-hr avg. during

ozone season, 30-day avg. during non-ozone season) through wind box optimization. Effective

1/1/2014. 

SO2: Reducing the annual weighted avg. sulfur limit of 1.3% to 1.0% for #6 oil. Effective

1/1/2014. 

PM: No additional controls. The existing limits of 0.1 lb/mmBtu on Units 1 and 2 remain in

place.

 

By acceptance of this permit, the permittee agrees that the permit is contingent upon strict

compliance with the ECL, all applicable regulations, the General Conditions specified and any

Special Conditions included as part of this permit.

Permit Administrator: KENNETH R GRZYB

 NYSDEC REGION 3

 21 S PUTT CORNERS RD

 NEW PALTZ, NY 12561

Authorized Signature: _________________________________ Date: ___ / ___ / _____
 

Facility DEC ID: 3334600075

 DEC Permit Conditions

 Renewal 2/FINAL Page 2

 Notification of Other State Permittee Obligations

Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification

 The permittee expressly agrees to indemnify and hold harmless the Department of

 Environmental Conservation of the State of New York, its representatives,

 employees and agents ("DEC") for all claims, suits, actions, and damages, to the

 extent attributable to the permittee's acts or omissions in connection with the

 compliance permittee's undertaking of activities in connection with, or operation

 and maintenance of, the facility or facilities authorized by the permit whether in

 compliance or not in any compliance with the terms and conditions of the permit.

 This indemnification does not extend to any claims, suits, actions, or damages to

 the extent attributable to DEC's own negligent or intentional acts or omissions, or

 to any claims, suits, or actions naming the DEC and arising under article 78 of the 

 New York Civil Practice Laws and Rules or any citizen suit or civil rights

 provision under federal or state laws.

Item B: Permittee's Contractors to Comply with Permit

 The permittee is responsible for informing its independent contractors, employees,

 agents and assigns of their responsibility to comply with this permit, including all

 special conditions while acting as the permittee's agent with respect to the

 permitted activities, and such persons shall be subject to the same sanctions for

 violations of the Environmental Conservation Law as those prescribed for the

 permittee.

Item C: Permittee Responsible for Obtaining Other Required Permits

 The permittee is responsible for obtaining any other permits, approvals, lands, 

 easements and rights-of-way that may be required to carry out the activities that

 are authorized by this permit.

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

 This permit does not convey to the permittee any right to trespass upon the lands

 or interfere with the riparian rights of others in order to perform the permitted 

 work nor does it authorize the impairment of any rights, title, or interest in real or

 personal property held or vested in a person not a party to the permit.
 

Facility DEC ID: 3334600075

 DEC Permit Conditions

 Renewal 2/FINAL Page 3

 LIST OF CONDITIONS

 

 DEC GENERAL CONDITIONS

 General Provisions

 Facility Inspection by the Department

 Relationship of this Permit to Other Department Orders and

 Determinations

 Applications for permit renewals, modifications and transfers

 Permit modifications, suspensions or revocations by the Department

 Facility Level

 Submission of application for permit modification or

 renewal-REGION 3 HEADQUARTERS
 

Facility DEC ID: 3334600075

 DEC Permit Conditions

 Renewal 2/FINAL Page 4

 DEC GENERAL CONDITIONS

 **** General Provisions  

 For the purpose of your Title V permit, the following section contains

 state-only enforceable terms and conditions.

 GENERAL CONDITIONS - Apply to ALL Authorized Permits.

Condition 1: Facility Inspection by the Department

 Applicable State Requirement: ECL 19-0305

Item 1.1:

The permitted site or facility, including relevant records, is subject to inspection at reasonable

hours and intervals by an authorized representative of the Department of Environmental

Conservation (the Department) to determine whether the permittee is complying with this permit

and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and

SAPA 401(3).

Item 1.2:

The permittee shall provide a person to accompany the Department's representative during an

inspection to the permit area when requested by the Department.

Item 1.3:

A copy of this permit, including all referenced maps, drawings and special conditions, must be

available for inspection by the Department at all times at the project site or facility. Failure to

produce a copy of the permit upon request by a Department representative is a violation of this

permit.

Condition 2: Relationship of this Permit to Other Department Orders and Determinations

 Applicable State Requirement: ECL 3-0301 (2) (m)

Item 2.1:

Unless expressly provided for by the Department, issuance of this permit does not modify,

supersede or rescind any order or determination previously issued by the Department or any of

the terms, conditions or requirements contained in such order or determination.

Condition 3: Applications for permit renewals, modifications and transfers

 Applicable State Requirement: 6 NYCRR 621.11

Item 3.1:

The permittee must submit a separate written application to the Department for renewal,

modification or transfer of this permit. Such application must include any forms or supplemental

information the Department requires. Any renewal, modification or transfer granted by the

Department must be in writing.

Item 3.2:

The permittee must submit a renewal application at least 180 days before expiration of permits

for Title V Facility Permits, or at least 30 days before expiration of permits for State Facility

Permits. 

Item 3.3:

Permits are transferrable with the approval of the department unless specifically prohibited by

the statute, regulation or another permit condition. Applications for permit transfer should be

submitted prior to actual transfer of ownership.
 

Facility DEC ID: 3334600075

 DEC Permit Conditions

 Renewal 2/FINAL Page 5

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

 Applicable State Requirement: 6 NYCRR 621.13

Item 4.1:

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

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

suspension or revocation include:

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

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

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

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

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

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

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

the permitted activity.

 ** ** Facility Level ****

Condition 5: Submission of application for permit modification or renewal-REGION 3 

 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 3 Headquarters

 Division of Environmental Permits

 21 South Putt Corners Road

 New Paltz, NY 12561-1696

 (845) 256-3054
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 1 FINAL

 Permit Under the Environmental Conservation Law (ECL)

 ARTICLE 19: AIR POLLUTION CONTROL - TITLE V PERMIT

 IDENTIFICATION INFORMATION

Permit Issued To:DYNEGY NORTHEAST GENERATION INC

 992 RIVER RD

 NEWBURGH, NY 12550

Facility: ROSETON GENERATING STATION

 992 RIVER RD

 NEWBURGH, NY 12550

Authorized Activity By Standard Industrial Classification Code:

 4911 - ELECTRIC SERVICES

Permit Effective Date: 11/02/2011 Permit Expiration Date: 11/01/2016
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 2 FINAL

 LIST OF CONDITIONS

 

 FEDERALLY ENFORCEABLE CONDITIONS

 Facility Level

 1 6 NYCRR 200.6: Acceptable Ambient Air Quality

 2 6 NYCRR 201-6.5 (a) (7): Fees

 3 6 NYCRR 201-6.5 (c): Recordkeeping and reporting of compliance 

 monitoring

 4 6 NYCRR 201-6.5 (c) (2): Monitoring, Related Recordkeeping, and 

 Reporting Requirements.

 5 6 NYCRR 201-6.5 (c) (3) (ii): Compliance Certification

 6 6 NYCRR 201-6.5 (e): Compliance Certification

 7 6 NYCRR 202-2.1: Compliance Certification

 8 6 NYCRR 202-2.5: Recordkeeping requirements

 9 6 NYCRR 215.2: Open Fires - Prohibitions

 10 6 NYCRR 200.7: Maintenance of Equipment

 11 6 NYCRR 201-1.7: Recycling and Salvage

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

 Contaminants to the air

 13 6 NYCRR 201-3.2 (a): Exempt Sources - Proof of Eligibility

 14 6 NYCRR 201-3.3 (a): Trivial Sources - Proof of Eligibility

 15 6 NYCRR 201-6.5 (a) (4): Standard Requirement - Provide Information

 16 6 NYCRR 201-6.5 (a) (8): General Condition - Right to Inspect

 17 6 NYCRR 201-6.5 (d) (5): Standard Requirements - Progress Reports

 18 6 NYCRR 201-6.5 (f) (6): Off Permit Changes

 19 6 NYCRR 202-1.1: Required Emissions Tests

 20 40 CFR Part 68: Accidental release provisions.

 21 40CFR 82, Subpart F: Recycling and Emissions Reduction

 22 6 NYCRR 200.6: Compliance Certification

 23 6 NYCRR Subpart 201-6: Emission Unit Definition

 24 6 NYCRR 201-6.5 (g): Non Applicable requirements

 25 6 NYCRR 211.1: Air pollution prohibited

 26 6 NYCRR 225-1.2: Compliance Certification

 27 6 NYCRR 225-1.2: Compliance Certification

 28 6 NYCRR 225-1.8 (a): Compliance Certification

 29 6 NYCRR 227-1.4 (b): Compliance Certification

 30 6 NYCRR 243-1.6 (a): Permit Requirements

 31 6 NYCRR 243-1.6 (b): Monitoring requirements

 32 6 NYCRR 243-1.6 (c): NOx Ozone Season Emission Requirements

 33 6 NYCRR 243-1.6 (d): Excess emission requirements

 34 6 NYCRR 243-1.6 (e): Recordkeeping and reporting requirements

 35 6 NYCRR 243-2.1: Authorization and responsibilities of CAIR 

 designated representative

 36 6 NYCRR 243-2.4: Certificate of representation

 37 6 NYCRR 243-8.1: General requirements

 38 6 NYCRR 243-8.1: Prohibitions

 39 6 NYCRR 243-8.5 (d): Quarterly reports

 40 6 NYCRR 243-8.5 (e): Compliance certification

 41 6 NYCRR Subpart 244-1: CAIR NOx Annual Trading Program General 

 Conditions
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 3 FINAL

 42 6 NYCRR Subpart 244-2: Designated CAIR Representative

 43 6 NYCRR Subpart 244-8: Compliance Certification

 44 6 NYCRR Subpart 245-1: CAIR SO2 Trading Program General Provisions

 45 6 NYCRR Subpart 245-2: Designated CAIR Representative

 46 6 NYCRR Subpart 245-8: Compliance Certification

 47 40CFR 72.9, Subpart A: Compliance Certification

 48 40CFR 75.10(a), Subpart B: Compliance Certification

 49 40CFR 75.10(b), Subpart B: Compliance Certification

 50 40CFR 75.10(c), Subpart B: Compliance Certification

 51 40CFR 75.10(d), Subpart B: Compliance Certification

 52 40CFR 75.13(a), Subpart B: Compliance Certification

 53 40CFR 75.20, Subpart C: Compliance Certification

 54 40CFR 75.64(a), Subpart G: Compliance Certification

 Emission Unit Level

 55 6 NYCRR Subpart 201-6: Emission Point Definition By Emission Unit

 56 6 NYCRR Subpart 201-6: Process Definition By Emission Unit

 57 6 NYCRR Subpart 201-7: Emission Unit Permissible Emissions

 EU=U-R0001

 58 6 NYCRR 249.3 (a): Compliance Certification

 59 6 NYCRR 249.3 (a): Compliance Certification

 60 6 NYCRR 249.3 (a): Compliance Certification

 61 6 NYCRR 249.3 (f): Compliance Certification

 EU=U-R0001,EP=00001

 62 6 NYCRR 227-1.3 (a): Compliance Certification

 EU=U-R0001,EP=00001,Proc=R10,ES=SR001

 63 6 NYCRR 227-1.2 (a) (1): Compliance Certification

 EU=U-R0002

 64 6 NYCRR 249.3 (a): Compliance Certification

 65 6 NYCRR 249.3 (a): Compliance Certification

 66 6 NYCRR 249.3 (a): Compliance Certification

 EU=U-R0002,EP=00002

 67 6 NYCRR 227-1.3 (a): Compliance Certification

 EU=U-R0002,EP=00002,Proc=R20,ES=SR002

 68 6 NYCRR 227-1.2 (a) (1): Compliance Certification

 EU=U-R000A

 *69 6 NYCRR Subpart 201-7: Capping Monitoring Condition

 70 40CFR 60.48c(g), NSPS Subpart Dc: Compliance Certification

 EU=U-R000A,EP=0000A

 71 6 NYCRR 227-1.3 (a): Compliance Certification

 EU=U-R000A,EP=0000A,Proc=RAO
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 4 FINAL

 72 40CFR 60.48c(f)(1), NSPS Subpart Dc: Compliance Certification

 EU=U-R000A,EP=0000A,Proc=RAO,ES=SR00A

 73 40CFR 60.42c(d), NSPS Subpart Dc: Compliance Certification

 STATE ONLY ENFORCEABLE CONDITIONS

 Facility Level

 74 ECL 19-0301: Contaminant List

 75 6 NYCRR 201-1.4: Unavoidable noncompliance and violations

 76 6 NYCRR 211.2: Visible Emissions Limited

 77 6 NYCRR 227-1.4 (a): Compliance Demonstration

 78 6 NYCRR 242-1.5: Compliance Demonstration

 79 6 NYCRR Subpart 242-4: Compliance Demonstration

 Emission Unit Level

 80 6 NYCRR Subpart 242-8: Compliance Demonstration

 NOTE: * preceding the condition number indicates capping.
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 5 FINAL

 FEDERALLY ENFORCEABLE CONDITIONS

 **** Facility Level  

 NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS

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

 requirements under Title V. Permittees may also have other obligations

 under regulations of general applicability.

Item A: Emergency Defense - 6 NYCRR 201-1.5

 An emergency constitutes an affirmative defense to an 

 action brought for noncompliance with emissions 

 limitations or permit conditions for all facilities in New

 York State.

 (a) The affirmative defense of emergency shall be 

 demonstrated through properly signed, contemporaneous 

 operating logs, or other relevant evidence that:

 (1) An emergency occurred and that the facility owner 

 and/or

 operator can identify the cause(s) of the 

 emergency;

 (2) The equipment at the permitted facility causing the

 emergency was at the time being properly operated;

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

 and/or operator took all reasonable steps to minimize 

 levels of emissions that exceeded the emission standards, 

 or other requirements in the permit; and

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

 Department

 within two working days after the event occurred. This 

 notice must contain a description of the emergency, any 

 steps taken to mitigate emissions, and corrective actions 

 taken.

 (b) In any enforcement proceeding, the facility owner 

 and/or operator seeking to establish the occurrence of an 

 emergency has the burden of proof.

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

 upset provision contained in any applicable requirement.

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

 NYCRR 201-1.10 (b)

 The Department will make available to the public any 

 permit application, compliance plan, permit, and 

 monitoring and compliance certification report pursuant to

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

 to confidential treatment pursuant to 6 NYCRR Part 616 - 

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

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 6 FINAL

Item C: Timely Application for the Renewal of Title V Permits - 6

 NYCRR 201-6.3 (a) (4)

 Owners and/or operators of facilities having an issued 

 Title V permit shall submit a complete application at 

 least 180 days, but not more than eighteen months, prior 

 to the date of permit expiration for permit renewal 

 purposes.

Item D: Certification by a Responsible Official - 6 NYCRR 201-6.3

 (d) (12)

 Any application, form, report or compliance certification

 required to be submitted pursuant to the federally 

 enforceable portions of this permit shall contain a 

 certification of truth, accuracy and completeness by a 

 responsible official. This certification shall state that 

 based on information and belief formed after reasonable 

 inquiry, the statements and information in the document 

 are true, accurate, and complete.

Item E: Requirement to Comply With All Conditions - 6 NYCRR 

 201-6.5 (a) (2)

 The permittee must comply with all conditions of the 

 Title V facility permit. Any permit non-compliance 

 constitutes a violation of the Act and is grounds for 

 enforcement action; for permit termination, revocation and

 reissuance, or modification; or for denial of a permit 

 renewal application.

Item F: Permit Revocation, Modification, Reopening, Reissuance or

 Termination, and Associated Information Submission 

 Requirements - 6 NYCRR 201-6.5 (a) (3)

 This permit may be modified, revoked, reopened and 

 reissued, or terminated for cause. The filing of a request

 by the permittee for a permit modification, revocation and

 reissuance, or termination, or of a notification of 

 planned changes or anticipated noncompliance does not stay

 any permit condition.

Item G: Cessation or Reduction of Permitted Activity Not a 

 Defense - 6 NYCRR 201-6.5 (a) (5)

 It shall not be a defense for a permittee in an 

 enforcement action to claim that a cessation or reduction 

 in the permitted activity would have been necessary in 

 order to maintain compliance with the conditions of this 

 permit.

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

 This permit does not convey any property rights of any 

 sort or any exclusive privilege.
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 7 FINAL

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

 If any provisions, parts or conditions of this permit are

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

 remainder of this permit shall continue to be valid.

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

 All permittees granted a Title V facility permit shall be

 covered under the protection of a permit shield, except as

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

 conditions of the permit shall be deemed compliance with 

 any applicable requirements as of the date of permit 

 issuance, provided that such applicable requirements are 

 included and are specifically identified in the permit, or

 the Department, in acting on the permit application or 

 revision, determines in writing that other requirements 

 specifically identified are not applicable to the major 

 stationary source, and the permit includes the 

 determination or a concise summary thereof. Nothing herein

 shall preclude the Department from revising or revoking 

 the permit pursuant to 6 NYCRR Part 621 or from exercising

 its summary abatement authority. Nothing in this permit 

 shall alter or affect the following:

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

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

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

 immediately restrain any person causing or contributing to

 pollution presenting an imminent and substantial 

 endangerment to public health, welfare or the environment 

 to stop the emission of air pollutants causing or 

 contributing to such pollution;

 ii. The liability of a permittee of the Title V 

 facility for any violation of applicable requirements 

 prior to or at the time of permit issuance;

 iii. The applicable requirements of Title IV of the 

 Act;

 iv. The ability of the Department or the Administrator

 to obtain information from the permittee concerning the 

 ability to enter, inspect and monitor the facility.

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

 This Title V permit shall be reopened and revised under 

 any of the following circumstances:

 i. If additional applicable requirements under the Act

 become applicable where this permit's remaining term is 
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 8 FINAL

 three or more years, a reopening shall be completed not 

 later than 18 months after promulgation of the applicable 

 requirement. No such reopening is required if the 

 effective date of the requirement is later than the date 

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

 permit or any of its terms and conditions has been 

 extended by the Department pursuant to the provisions of 

 Part 201-6.7 and Part 621.

 ii. The Department or the Administrator determines 

 that the permit contains a material mistake or that 

 inaccurate statements were made in establishing the 

 emissions standards or other terms or conditions of the 

 permit.

 iii. The Department or the Administrator determines 

 that the Title V permit must be revised or reopened to 

 assure compliance with applicable requirements.

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

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

 additional requirements (including excess emissions 

 requirements) become applicable. Upon approval by the 

 Administrator, excess emissions offset plans shall be 

 deemed to be incorporated into the permit.

 Proceedings to reopen and issue Title V facility permits 

 shall follow the same procedures as apply to initial 

 permit issuance but shall affect only those parts of the 

 permit for which cause to reopen exists.

 Reopenings shall not be initiated before a notice of such

 intent is provided to the facility by the Department at 

 least thirty days in advance of the date that the permit 

 is to be reopened, except that the Department may provide

 a shorter time period in the case of an emergency.

Item L: Permit Exclusion - ECL 19-0305

 The issuance of this permit by the Department and the 

 receipt thereof by the Applicant does not and shall not be

 construed as barring, diminishing, adjudicating or in any 

 way affecting any legal, administrative or equitable 

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

 demands whatsoever that the Department may have against 

 the Applicant for violations based on facts and 

 circumstances alleged to have occurred or existed prior to

 the effective date of this permit, including, but not 

 limited to, any enforcement action authorized pursuant to 

 the provisions of applicable federal law, the 

 Environmental Conservation Law of the State of New York 

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

 Codes, Rules and Regulations of the State of New York 
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 9 FINAL

 (NYCRR). The issuance of this permit also shall not in any

 way affect pending or future enforcement actions under the

 Clean Air Act brought by the United States or any person.

Item M: Federally Enforceable Requirements - 40 CFR 70.6 (b)

 All terms and conditions in this permit required by the 

 Act or any applicable requirement, including any 

 provisions designed to limit a facility's potential to 

 emit, are enforceable by the Administrator and citizens 

 under the Act. The Department has, in this permit, 

 specifically designated any terms and conditions that are 

 not required under the Act or under any of its applicable 

 requirements as being enforceable under only state 

 regulations.

 MANDATORY FEDERALLY ENFORCEABLE PERMIT CONDITIONS 

 SUBJECT TO ANNUAL CERTIFICATIONS AT ALL TIMES

 The following federally enforceable permit conditions are mandatory for all

 Title V permits and are subject to annual compliance certification 

 requirements at all times.

Condition 1: Acceptable Ambient Air Quality

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 200.6

Item 1.1:

Notwithstanding the provisions of 6 NYCRR Chapter III, Subchapter A, no person shall allow or

permit any air contamination source to emit air contaminants in quantities which alone or in

combination with emissions from other air contamination sources would contravene any

applicable ambient air quality standard and/or cause air pollution. In such cases where

contravention occurs or may occur, the Commissioner shall specify the degree and/or method of

emission control required.

Condition 2: Fees

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 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 72-0303.

Condition 3: Recordkeeping and reporting of compliance monitoring

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 201-6.5 (c)

Item 3.1:
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 10 FINAL

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

reports:

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

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

(iii)The company or entity that performed the analyses;

(iv) The analytical techniques or methods used including quality assurance and quality control

procedures if required;

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

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

Any deviation from permit requirements must be clearly identified in all records and reports. 

Reports must be certified by a responsible official, consistent with Section 201-6.3 of this Part

201.

Condition 4: Monitoring, Related Recordkeeping, and Reporting 

 Requirements.

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 201-6.5 (c) (2)

Item 4.1:

Compliance monitoring and recordkeeping shall be conducted according to the terms and

conditions contained in this permit and shall follow all quality assurance requirements found in

applicable regulations. Records of all monitoring data and support information must be retained

for a period of at least 5 years from the date of the monitoring, sampling, measurement, report,

or application. Support information includes all calibration and maintenance records and all

original strip-chart recordings for continuous monitoring instrumentation, and copies of all

reports required by the permit. 

Condition 5: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement: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 KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 To meet the requirements of this facility permit with 

 respect to reporting, the permittee must:

 Submit reports of any required monitoring at a minimum 
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 11 FINAL

 frequency of every 6 months, based on a calendar year 

 reporting schedule. These reports shall be submitted to 

 the Department within 30 days after the end of a reporting

 period. All instances of deviations from permit 

 requirements must be clearly identified in such reports. 

 All required reports must be certified by the responsible 

 official for this facility.

 Notify the Department and report permit deviations and 

 incidences of noncompliance stating the probable cause of 

 such deviations, and any corrective actions or preventive 

 measures taken. Where the underlying applicable 

 requirement contains a definition of prompt or otherwise 

 specifies a time frame for reporting deviations, that 

 definition or time frame shall govern. Where the 

 underlying applicable requirement fails to address the 

 time frame for reporting deviations, reports of deviations

 shall be submitted to the permitting authority based on 

 the following schedule:

 (1) For emissions of a hazardous air pollutant (as 

 identified in an applicable regulation) that continue for 

 more than an hour in excess of permit requirements, the 

 report must be made within 24 hours of the 

 occurrence.

 (2) For emissions of any regulated air pollutant, 

 excluding those listed in paragraph (1) of this section, 

 that continue for more than two hours in excess of permit 

 requirements, the report must be made within 48 

 hours.

 (3) For all other deviations from permit requirements, 

 the report shall be contained in the 6 month monitoring 

 report required above.

 (4) This permit may contain a more stringent reporting 

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

 above. If more stringent reporting requirements have been

 placed in this permit or exist in applicable requirements 

 that apply to this facility, the more stringent reporting 

 requirement shall apply.

 If above paragraphs (1) or (2) are met, the source must 

 notify the permitting authority by telephone during normal

 business hours at the Regional Office of jurisdiction for 

 this permit, attention Regional Air Pollution Control 

 Engineer (RAPCE) according to the timetable listed in 

 paragraphs (1) and (2) of this section. For deviations 

 and incidences that must be reported outside of normal 

 business hours, on weekends, or holidays, the DEC Spill 

 Hotline phone number at 1-800-457-7362 shall be used. A 
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 12 FINAL

 written notice, certified by a responsible official 

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

 submitted within 10 working days of an occurrence for 

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

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

 also be identified in the 6 month monitoring report 

 required above.

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

 permittee seeks to have a violation excused unless 

 otherwise limited by regulation. In order to have a 

 violation of a federal regulation (such as a new source 

 performance standard or national emissions standard for 

 hazardous air pollutants) excused, the specific federal 

 regulation must provide for an affirmative defense during 

 start-up, shutdowns, malfunctions or upsets. 

 Notwithstanding any recordkeeping and reporting 

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

 shall not be on a less frequent basis than the reporting 

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

 In the case of any condition contained in this permit with

 a reporting requirement of "Upon request by regulatory 

 agency" the permittee shall include in the semiannual 

 report, a statement for each such condition that the 

 monitoring or recordkeeping was performed as required or 

 requested and a listing of all instances of deviations 

 from these requirements.

 In the case of any emission testing performed during the 

 previous six month reporting period, either due to a 

 request by the Department, EPA, or a regulatory 

 requirement, the permittee shall include in the semiannual

 report a summary of the testing results and shall indicate

 whether or not the Department or EPA has approved the 

 results.

 All semiannual reports shall be submitted to the 

 Administrator (or his or her representative) as well as 

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

 pollution control engineer (RAPCE) in the regional office 

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

 the DEC central office). Mailing addresses for the above 

 referenced persons are contained in the monitoring 

 condition for 6 NYCRR Part 201-6.5(e), contained elsewhere

 in this permit.

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

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

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Condition 6: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 201-6.5 (e)

Item 6.1:

The Compliance Certification activity will be performed for the Facility.

Item 6.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Requirements for compliance certifications with terms and

 conditions contained in this facility permit include the 

 following:

 i. Compliance certifications shall contain:

 - the identification of each term or condition of the 

 permit that is the basis of the certification;

 - the compliance status;

 - whether compliance was continuous or intermittent;

 - the method(s) used for determining the compliance status

 of the facility, currently and over the reporting period 

 consistent with the monitoring and related recordkeeping 

 and reporting requirements of this permit;

 - such other facts as the Department may require to 

 determine the compliance status of the facility as 

 specified in any special permit terms or conditions; 

 and

 - such additional requirements as may be specified 

 elsewhere in this permit related to compliance 

 certification.

 ii. The responsible official must include in the annual 

 certification report all terms and conditions contained in

 this permit which are identified as being subject to 

 certification, including emission limitations, standards, 

 or work practices. That is, the provisions labeled herein

 as "Compliance Certification" are not the only provisions 

 of this permit for which an annual certification is 

 required.

 iii. Compliance certifications shall be submitted 

 annually. Certification reports are due 30 days after the

 anniversary date of four consecutive calendar quarters. 

 The first report is due 30 days after the calendar quarter

 that occurs just prior to the permit anniversary date, 

 unless another quarter has been acceptable by the 

 Department.

 iv. All compliance certifications shall be submitted to 
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

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Renewal 2 Page 14 FINAL

 the Administrator (or his or her representative) as well 

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

 air pollution control engineer (RAPCE) in the regional 

 office and one copy to the Bureau of Quality Assurance 

 (BQA) in the DEC central office). Please send annual 

 compliance certifications to Chief of the Stationary 

 Source Compliance Section, the Region 2 EPA representative

 for the Administrator, at the following address:

 USEPA Region 2

 Air Compliance Branch

 290 Broadway

 New York, NY 10007-1866

 

 The address for the RAPCE is as follows:

 21 South Putt Corners Road

 New Paltz, NY 12561-1696

 The address for the BQA is as follows:

 NYSDEC 

 Bureau of Quality Assurance

 625 Broadway

 Albany, NY 12233-3258

Monitoring Frequency: ANNUALLY

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

Subsequent reports are due on the same day each year

Condition 7: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal 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 KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Emission statements shall be submitted on or before April

 15th each year for emissions of the previous calendar 

 year.

Monitoring Frequency: ANNUALLY

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due by April 15th for previous calendar year
 

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Condition 8: Recordkeeping requirements

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 202-2.5

Item 8.1:

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

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

 (2) records indicating how the information submitted in the emission

statement was determined, including any calculations, data, measurements, and estimates used.

(b) These records shall be made available at the facility to the representatives of the

department upon request during normal business hours.

Condition 9: Open Fires - Prohibitions

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 215.2

Item 9.1: 

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 9.2

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

will be allowed as follows:

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

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

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

this subdivision, the total population of a town shall include the population of any village or

portion thereof located within the town. However, this subdivision shall not be construed to

allow burning within any village.

(b) Barbecue grills, maple sugar arches and similar outdoor cooking devices when actually used

for cooking or processing food.

(c) Small fires used for cooking and camp fires provided that only charcoal or untreated wood is

used as fuel and the fire is not left unattended until extinguished.

(d) On-site burning of agricultural wastes as part of a valid agricultural operation on contiguous

agricultural lands larger than five acres actively devoted to agricultural or horticultural use,

provided such waste is actually grown or generated on those lands and such waste is capable of

being fully burned within a 24-hour period.

(e) The use of liquid petroleum fueled smudge pots to prevent frost damage to crops.

(f) Ceremonial or celebratory bonfires where not otherwise prohibited by law, provided that only

untreated wood or other agricultural products are used as fuel and the fire is not left unattended

until extinguished.

(g) Small fires that are used to dispose of a flag or religious item, and small fires or other smoke

producing process where not otherwise prohibited by law that are used in connection with a

religious ceremony.

(h) Burning on an emergency basis of explosive or other dangerous or contraband materials by

police or other public safety organization.
 

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 Air Pollution Control Permit Conditions

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(i) Prescribed burns performed according to Part 194 of this Title.

(j) Fire training, including firefighting, fire rescue, and fire/arson investigation training,

performed under applicable rules and guidelines of the New York State Department of State's

Office of Fire Prevention and Control. For fire training performed on acquired structures, the

structures must be emptied and stripped of any material that is toxic, hazardous or likely to emit

toxic smoke (such as asbestos, asphalt shingles and vinyl siding or other vinyl products) prior to

burning and must be at least 300 feet from other occupied structures. No more than one structure

per lot or within a 300 foot radius (whichever is bigger) may be burned in a training exercise.

(k) Individual open fires as approved by the Director of the Division of Air Resources as may be

required in response to an outbreak of a plant or animal disease upon request by the

commissioner of the Department of Agriculture and Markets, or for the destruction of invasive

plant and insect species.

(l) Individual open fires that are otherwise authorized under the environmental conservation law,

or by rule or regulation of the Department.

 MANDATORY FEDERALLY ENFORCEABLE PERMIT CONDITIONS 

 SUBJECT TO ANNUAL CERTIFICATIONS ONLY IF APPLICABLE

 The following federally enforceable permit conditions are mandatory for all 

 Title V permits and are subject to annual compliance certification 

 requirements only if effectuated during the reporting period.

 [NOTE: The corresponding annual compliance certification for 

 those conditions not effectuated during the reporting period shall 

 be specified as "not applicable".]

Condition 10: Maintenance of Equipment

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement: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 device and keep it in a satisfactory state of

maintenance and repair in accordance with ordinary and necessary practices, standards and

procedures, inclusive of manufacturer's specifications, required to operate such device

effectively.

Condition 11: Recycling and Salvage

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 201-1.7

Item 11.1:

Where practical, any person who owns or operates an air contamination source shall recycle or

salvage air contaminants collected in an air cleaning device according to the requirements of the

ECL.

Condition 12: Prohibition of Reintroduction of Collected Contaminants to

 the air

 Effective between the dates of 11/02/2011 and 11/01/2016
 

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 Air Pollution Control Permit Conditions

Renewal 2 Page 17 FINAL

 Applicable Federal Requirement:6 NYCRR 201-1.8

Item 12.1:

No person shall unnecessarily remove, handle or cause to be handled, collected air contaminants

from an air cleaning device for recycling, salvage or disposal in a manner that would reintroduce

them to the outdoor atmosphere.

Condition 13: Exempt Sources - Proof of Eligibility

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 201-3.2 (a)

Item 13.1:

The owner and/or operator of an emission source or unit that is eligible to be exempt may be

required to certify that it operates within the specific criteria described in this Subpart. The

owner or operator of any such emission source must maintain all required records on-site for a

period of five years and make them available to representatives of the department upon request.

Department representatives must be granted access to any facility which contains emission

sources or units subject to this Subpart, during normal operating hours, for the purpose of

determining compliance with this and any other State and Federal air pollution control

requirements, regulations, or law.

Condition 14: Trivial Sources - Proof of Eligibility

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 201-3.3 (a)

Item 14.1:

The owner and/or operator of an emission source or unit that is listed as being trivial in this Part

may be required to certify that it operates within the specific criteria described in this Subpart.

The owner or operator of any such emission source must maintain all required records on-site 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 15: Standard Requirement - Provide Information

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 201-6.5 (a) (4)

Item 15.1:

The owner and/or operator shall furnish to the department, within a reasonable time, any

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

modifying, revoking and reissuing, or terminating the permit or to determine compliance with

the permit. Upon request, the permittee shall also furnish to the department copies of records

required to be kept by the permit or, for information claimed to be confidential, the permittee

may furnish such records directly to the administrator along with a claim of confidentiality, if the

administrator initiated the request for information or otherwise has need of it.
 

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 Air Pollution Control Permit Conditions

Renewal 2 Page 18 FINAL

Condition 16: General Condition - Right to Inspect

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 201-6.5 (a) (8)

Item 16.1:

The department or an authorized representative shall be allowed upon presentation of credentials

 and other documents as may be required by law to:

(i) enter upon the permittee's premises where a facility subject to the permitting requirements of

this Subpart is located or emissions-related activity is conducted, or where records must be kept

under the conditions of the permit;

(ii) have access to and copy, at reasonable times, any records that must be kept under the

conditions of the permit;

(iii) inspect at reasonable times any emission sources, equipment (including monitoring and air

pollution control equipment), practices, and operations regulated or required under the permit;

and

(iv) sample or monitor at reasonable times substances or parameters for the purpose of assuring

compliance with the permit or applicable requirements.

Condition 17: Standard Requirements - Progress Reports

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 201-6.5 (d) (5)

Item 17.1:

Progress reports consistent with an applicable schedule of compliance are to be submitted at

least semiannually, or at a more frequent period if specified in the applicable requirement or by

the department. Such progress reports shall contain the following:

(i) dates for achieving the activities, milestones, or compliance required in the schedule of

compliance, and dates when such activities, milestones or compliance were achieved; and

(ii) an explanation of why any dates in the schedule of compliance were not or will not be met,

and any preventive or corrective measures adopted.

Condition 18: Off Permit Changes

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 201-6.5 (f) (6)

Item 18.1:

No permit revision will be required for operating changes that contravene an express permit

term, provided that such changes would not violate applicable requirements as defined under this

Part or contravene federally enforceable monitoring (including test methods), recordkeeping,

reporting, or compliance certification permit terms and conditions. Such changes may be made

without requiring a permit revision, if the changes are not modifications under any provision of

title I of the act and the changes do not exceed the emissions allowable under the permit

(whether expressed therein as a rate of emissions or in terms of total emissions) provided that the
 

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 Air Pollution Control Permit Conditions

Renewal 2 Page 19 FINAL

facility provides the administrator and the department with written notification as required below

in advance of the proposed changes within a minimum of seven days. The facility owner or

operator, and the department shall attach each such notice to their copy of the relevant permit.

(i) For each such change, the written notification required above shall include a brief description

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

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

change.

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

made pursuant to this paragraph.

Condition 19: Required Emissions Tests

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 202-1.1

Item 19.1:

For the purpose of ascertaining compliance or non-compliance with any air pollution control

code, rule or regulation, the commissioner may require the person who owns such air

contamination source to submit an acceptable report of measured emissions within a stated time.

Condition 20: Accidental release provisions.

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:40 CFR Part 68

Item 20.1:

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:

Risk Management Plan Reporting Center

C/O CSC

8400 Corporate Dr

Carrollton, Md. 20785

Condition 21: Recycling and Emissions Reduction

 Effective between the dates of 11/02/2011 and 11/01/2016
 

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 Applicable Federal Requirement:40CFR 82, Subpart F

Item 21.1:

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

 The following conditions are subject to annual compliance certification 

 requirements for Title V permits only.

Condition 22: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 200.6

Item 22.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 22.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 To ensure compliance with the national ambient air 

 quality standard for sulfur dioxide and in accordance with

 the Order on Consent (Number 9599-05), the no.6 fuel oil 

 burned at the facility shall not exceed an annual weighted

 average sulfur content of 1.3 percent.

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: NUMBER 6 OIL

Parameter Monitored: SULFUR

Upper Permit Limit: 1.3 percent by weight

Monitoring Frequency: PER DELIVERY

Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY

Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY

Condition 23: Emission Unit Definition

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 23.1:

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

 Emission Unit: U-R0001 
 

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 Air Pollution Control Permit Conditions

Renewal 2 Page 21 FINAL

 Emission Unit Description: 

 ROSETON UNIT #1 IS A 600 MW COMBUSTION 

 ENGINEERING TANGENTIALLY FIRED STEAM 

 GENERATING BOILER. THE UNIT BEGAN 

 COMMERCIAL OPERATION IN DECEMBER 1974 AND 

 WAS MODIFIED IN MAY 1992 TO ENABLE THE UNIT

 TO CO-FIRE OR EXCLUSIVELY FIRE NATURAL 

 GAS.

 Building(s): ROSE1

Item 23.2:

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

 Emission Unit: U-R0002 

 Emission Unit Description: 

 ROSETON UNIT #2 IS A 600 MW COMBUSTION 

 ENGINEERING TANGENTIALLY-FIRED STEAM 

 GENERATING BOILER. THE UNIT BEGAN 

 COMMERCIAL OPERATION IN 09/74 AND WAS 

 MODIFIED IN 12/91 TO ENABLE THE UNIT TO 

 CO-FIRE OR EXCLUSIVELY FIRE NATURAL GAS.

 Building(s): ROSE2

Item 23.3:

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

 Emission Unit: U-R000A 

 Emission Unit Description: 

 AN AUXILIARY BOILER USED TO SUPPLY STEAM 

 HEAT TO THE FACILITY WHEN UNITS #1 AND #2 

 ARE OFF-LINE. THE UNIT IS CAPABLE OF 

 FIRING NO. 2 FUEL OIL OR NATURAL GAS. IN 

 ADDITION TO THE MAIN FACILITY, THE UNIT 

 SUPPLIES STEAM TO THE TRANSFER PUMP HOUSE, 

 THE SERVICE BUILDING, DAY AND DUTY TANKS, 

 AND STEAM TRACING FOR FUEL LINES.

 Building(s): ROSE_AUX

Item 23.4:

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

 Emission Unit: U-R000W 

 Emission Unit Description: 

 SLUDGE FROM SETTLING BASINS IS TRANSPORTED

 TO THE STORAGE FACILITY, DRIED AT AMBIENT 

 TEMPERATURES, STORED, AND TRANSFERRED 

 OFF-SITE FOR BENEFICIAL USE. 

Condition 24: Non Applicable requirements

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 201-6.5 (g)
 

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Item 24.1:

This section contains a summary of those requirements 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 25: Air pollution prohibited

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 211.1

Item 25.1:

No person shall cause or allow emissions of air contaminants to the outdoor atmosphere of such

quantity, characteristic or duration which are injurious to human, plant or animal life or to

property, or which unreasonably interfere with the comfortable enjoyment of life or property.

Notwithstanding the existence of specific air quality standards or emission limits, this

prohibition applies, but is not limited to, any particulate, fume, gas, mist, odor, smoke, vapor,

pollen, toxic or deleterious emission, either alone or in combination with others.

Condition 26: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 225-1.2

Item 26.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 26.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 No person shall sell, offer for sale, purchase, or use 

 no.2 fuel oil which contains sulfur in a quantity 

 exceeding 1.5 percent by weight.

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: NUMBER 2 OIL

Parameter Monitored: SULFUR

Upper Permit Limit: 1.5 percent by weight

Reference Test Method: EPA approved

Monitoring Frequency: PER DELIVERY

Averaging Method: MAXIMUM - NOT TO BE EXCEEDED AT ANY 

 TIME (INSTANTANEOUS/DISCRETE OR GRAB)

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.
 

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The initial report is due 1/30/2012.

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

Condition 27: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 225-1.2

Item 27.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 27.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 No person shall sell, offer for sale, purchase, or use 

 no.6 fuel oil which contains sulfur in a quantity 

 exceeding 1.5 percent by weight.

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: NUMBER 6 OIL

Parameter Monitored: SULFUR

Upper Permit Limit: 1.5 percent by weight

Reference Test Method: EPA approved

Monitoring Frequency: PER DELIVERY

Averaging Method: MAXIMUM - NOT TO BE EXCEEDED AT ANY 

 TIME (INSTANTANEOUS/DISCRETE OR GRAB)

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

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

Condition 28: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 225-1.8 (a)

Item 28.1:

The Compliance Certification activity will be performed for the Facility.

Item 28.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The permittee shall retain fuel oil supplier 

 certifications for each shipment of oil received. Such 
 

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 Air Pollution Control Permit Conditions

Renewal 2 Page 24 FINAL

 certifications shall contain, as a minimum: supplier 

 name, date of shipment, quantity shipped, heating value of

 the oil, oil sulfur content, and the method used to 

 determine the sulfur content. Such certifications shall 

 be available for inspection by, or submittal to, NYSDEC 

 upon request.

Monitoring Frequency: PER DELIVERY

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

Subsequent reports are due every 12 calendar month(s).

Condition 29: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 227-1.4 (b)

Item 29.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 29.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner or operator of Units 1 and 2 shall submit an 

 accurate excess opacity emissions and continuous opacity 

 monitoring system (COMS) report to the Department for each

 calendar year quarter. All reports shall be certified by 

 a responsible corporate official as true, accurate and 

 complete and postmarked by the 60th day following the end 

 of each calendar quarter. The quarterly excess emissions 

 report shall be submitted in a form acceptable to the 

 Department and shall include the following minimum 

 information:

 (1) 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 exceed 27 percent;

 (2) For each period of excess emission, specific 

 identification of the cause and corrective action 

 taken;

 (3) Identification of all periods of COMS downtime, 

 including the date, time and duration of each inoperable 

 period, and the cause and corrective action for each COMS 
 

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 Air Pollution Control Permit Conditions

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 downtime period;

 (4) The total time in which the COMS are required to 

 record data during the reporting period;

 (5) The total number of exceedances and the duration of 

 exceedances expressed as a percentage of the total time in

 which the COMS are required to record data; and

 (6) Such other things as the Department may deem 

 necessary, proper or desirable in order to enforce Article

 19 of the Environmental Conservation Law or the rules 

 promulgated thereunder.

 Item (6) includes the Opacity Incident Report (OIR) which 

 shall be prepared for each excess opacity event. Each OIR

 shall include a description of the sequence of events, an 

 explanation of the cause of the event , a description of 

 the corrective actions taken and any preventive 

 measures.

 

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 30: Permit Requirements

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 243-1.6 (a)

Item 30.1:

The CAIR designated representative of each 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 specified 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 31: Monitoring requirements

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 243-1.6 (b)

Item 31.1:

The emissions measurements recorded and reported in accordance with Subpart 243-8 shall be

used to determine compliance by each CAIR NOx Ozone Season source with the CAIR NOx

Ozone Season emissions limitation under subdivision (c) of this section.
 

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Condition 32: NOx Ozone Season Emission Requirements

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 243-1.6 (c)

Item 32.1:

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 for

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 accordance 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 section, for a control period in a calendar year before

the year for which the CAIR NOx 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 Tracking 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 CAIR 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 account is incorporated automatically in any CAIR permit of the

source.

Condition 33: Excess emission requirements

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 243-1.6 (d)

Item 33.1:

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:
 

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(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 34: Recordkeeping and reporting requirements

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 243-1.6 (e)

Item 34.1:

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 NOx Ozone Season unit at the source and all

documents that demonstrate the truth of the statements in the certificate of representation;

provided that the certificate and documents shall be retained on site at the source beyond such

five-year period until such documents are superseded because of the submission of a new

certificate of representation under 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 certifications, and other submissions and all records made

or required under the CAIR NOx Ozone Season Trading Program.

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

submission under the CAIR NOx Ozone Season Trading Program or to demonstrate compliance

with the requirements of the CAIR NOx Ozone Season Trading Program.

Condition 35: Authorization and responsibilities of CAIR designated 

 representative

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 243-2.1

Item 35.1:

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 under 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
 

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Season units at the source and shall act in accordance with the certification statement in section

243-2.4(a)(4)(iv).

Upon receipt by the Administrator of a complete certificate of representation under section

243-2.4, the CAIR designated representative of the source shall represent and, by his or her

representations, actions, inactions, or submissions, legally bind each owner and operator of the

CAIR NOx Ozone Season source represented 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 NOx

Ozone Season Allowance Tracking System account will be established 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 representative: "I am authorized to

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

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

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

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

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

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

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

possibility of fine or imprisonment."

Condition 36: Certificate of representation

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 243-2.4

Item 36.1:

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

referred to in the certificate 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 37: General requirements

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 243-8.1

Item 37.1:

The owners and operators, and to the extent applicable, 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
 

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complying with such requirements, the definitions in section 243-1.2 and in 40 CFR 72.2 shall

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

monitoring system" (or "CEMS") in 40 CFR Part 75 shall be 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 same monitoring, recordkeeping, and reporting

requirements as a CAIR NOx Ozone Season unit.

'Requirements for installation, certification, 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 applicable, in accordance with 40 CFR 75.71 and 40 CFR

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 243-8.1(a)(1); and

(3) record, report, and quality-assure the data from the monitoring systems under paragraph

(a)(1) of this section.

Condition 38: Prohibitions

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 243-8.1

Item 38.1:

No owner or operator of a CAIR NOx Ozone Season unit shall use any alternative monitoring

system, alternative reference method, or any other alternative to any requirement of this Subpart

without having obtained prior written approval in accordance with section 243-8.6.

No owner or operator of a CAIR NOx Ozone Season unit shall operate the unit so as to

discharge, or allow to be discharged, NOx emissions to the atmosphere without accounting for

all such emissions in accordance with the applicable provisions of this Subpart and 40 CFR Part

75.

No owner or operator of a CAIR NOx Ozone Season unit shall disrupt the continuous emission

monitoring system, any portion thereof, or any other approved emission monitoring method, and

thereby avoid monitoring and recording NOx mass emissions discharged into the atmosphere or

heat input, except for periods of recertification or periods when calibration, quality assurance

testing, or maintenance is performed in accordance with the applicable provisions of this Subpart

and 40 CFR Part 75.

No owner or operator of a CAIR NOx Ozone Season unit shall retire or permanently discontinue

use of the continuous emission monitoring system, any component thereof, or any other

approved monitoring system under this Subpart, except under any one of the following

circumstances:

(i) during the period that the unit is covered by an exemption under section 243-1.5 that is in
 

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effect;

(ii) the owner or operator is monitoring emissions from the unit with another certified monitoring

system approved, in accordance with the applicable provisions of this Subpart and 40 CFR Part

75, by the department for use at that unit that provides emission data for the same pollutant or

parameter as the retired or discontinued monitoring system; or

(iii) the CAIR designated representative submits notification of the date of certification testing of

a replacement monitoring system for the retired or discontinued monitoring system in

accordance with section 243-8.2(d)(3)(i).

Condition 39: Quarterly reports

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 243-8.5 (d)

Item 39.1:

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 monitoring 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 prescribed by the Administrator, for each calendar

quarter beginning with:

(i) for a unit that commences commercial operation before July 1, 2007, the calendar quarter

covering May 1, 2008 through June 30, 2008;

(ii) for a unit that commences 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 Acid Rain emissions limitation or

the CAIR NOx Annual Trading Program, CAIR SO2 Trading Program, or the Mercury

Reduction Program for Coal-Fired Electric Utility Steam Generating Units (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 40: Compliance certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 243-8.5 (e)

Item 40.1:

The CAIR designated representative shall submit to the Administrator a compliance certification
 

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(in a format prescribed by the Administrator) in support of each quarterly report based on

reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit's

emissions are correctly and fully monitored. The certification shall state that:

(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 underestimate NOx emissions.

Condition 41: CAIR NOx Annual Trading Program General Conditions

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR Subpart 244-1

Item 41.1:

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 through 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 deduction 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 law. Each ton of such excess emissions and each

day of such control period shall constitute a separate violation of this permit, the Act, and

applicable State law. [(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 extended for cause, at any time before 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
 

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representative for the source and all documents that demonstrate the truth of the statements in the

certificate of representation; provided that the certificate and documents shall be retained on site

at the source beyond such five year period until such documents are superseded because of the

submission of a new certificate of representation under 6NYCRR Part 244-2.4 changing the

CAIR designated representative.

 (ii) All emissions monitoring information, 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 certifications, 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 42: Designated CAIR Representative

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR Subpart 244-2

Item 42.1:

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

representative and may have one alternate representative, as per 6NYCRR Part 244-2.2, with

regard to all matters under the CAIR NOx Annual Trading Program. The CAIR designated

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

source and act in accordance with the certification statement in 6NYCRR Part 244-2.4(a)(4)(iv). 

Upon receipt by the Administrator 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 designated representative for each CAIR 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 responsibility for obtaining the information, I certify

that the statements and information are to the best of my knowledge and belief true, accurate,

and complete. I am aware that there are significant penalties for submitting false statements and

information or omitting required statements and information, including the possibility of fine or

imprisonment." [244-2.1(e)]

Condition 43: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR Subpart 244-8
 

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Item 43.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

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

Item 43.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/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 representative shall submit 

 quarterly reports of the the NOx mass emissions data and 

 heat input data for each CAIR NOx unit, in an electronic 

 quarterly report in a format prescribed by the 

 Administrator, for each calendar quarter beginning with 

 the calendar quarter 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 representative shall submit each 

 quarterly report to the Administrator within 30 days 

 following the end of the calendar quarter covered by the 

 report. Quarterly reports shall be submitted in the manner

 specified in 40 CFR 75.73(f).

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

 Rain emissions limitation or the CAIR NOx Ozone Season 

 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 
 

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 compliance certification (in a format prescribed by the 

 Administrator) in support of each quarterly report based 

 on reasonable inquiry of those persons with primary 

 responsibility for ensuring that all of the unit's 

 emissions are correctly and fully monitored. The 

 certification shall state that:

 (i) the monitoring data submitted were recorded in 

 accordance with the applicable requirements of 6NYCRR Part

 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 accordance 

 with 40 CFR 75.34(a)(1), the add-on emission controls were

 operating within the range of parameters listed in the 

 quality assurance/quality control program under appendix B

 to 40 CFR Part 75 and the substitute data values do not 

 systematically underestimate NOx emissions.

 (6) Whenever any monitoring system fails to meet the 

 quality-assurance and quality-control requirements or data

 validation requirements of 40 CFR part 75, data shall be 

 substituted using the applicable missing data procedures 

 in Subpart D or Subpart H of, or appendix D or appendix E 

 to 40 CFR part 75. [ 244-8.3(a) ]

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

 modification, or change in any certified continuous 

 emission monitoring system under 6NYCRR Part 244-8.1(a)(1)

 that may significantly affect the ability of the system to

 accurately measure or record NOx mass emissions or heat 

 input rate or to meet the quality-assurance and 

 quality-control requirements of 40 CFR 75.21 or appendix B

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

 the monitoring system in accordance with 40 CFR 75.20(b) .

 Furthermore, whenever the owner or operator makes a 

 replacement, modification, or change to the flue gas 

 handling system or the unit's operation that may 

 significantly change the stack flow or concentration 

 profile, the owner or operator shall recertify each 

 continuous emission monitoring system whose accuracy is 

 potentially affected by the change, in accordance with 40 

 CFR 75.20(b). Examples of changes to a continuous emission

 monitoring system that require recertification include 

 replacement of the analyzer, complete replacement of an 

 existing continuous emission monitoring system, or change 

 in location or orientation of the sampling probe or site. 

 Any fuel flowmeter system, and any excepted NOx monitoring

 system under appendix E to 40 CFR part 75, under 6NYCRR 

 Part 244-8.1(a)(1) are subject to the recertification 

 requirements in 40 CFR 75.20(g)(6). [224-8.2(d)(2)
 

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Monitoring Frequency: CONTINUOUS

Averaging Method: ANNUAL TOTAL

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

Subsequent reports are due every 3 calendar month(s).

Condition 44: CAIR SO2 Trading Program General Provisions

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR Subpart 245-1

Item 44.1:

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 deductions 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 in

a calendar year before the year for which 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 violation 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 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: [245-1.6(e)]

 (i) The certificate of representation under 6NYCRR Part 245-2.4 for the CAIR designated

representative for the source and all documents that demonstrate the truth of the statements in the

certificate of representation; provided that the certificate and documents shall be retained on site

at the source beyond such five-year period until such documents are superseded because of the

submission of a new certificate of representation under 6NYCRR Part 245-2.4 changing the

CAIR designated representative.

 (ii) All emissions monitoring information, 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.
 

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 (iii) Copies of all reports, compliance certifications, 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 Program or to demonstrate compliance with the

requirements of the CAIR SO2 Trading Program.

Condition 45: Designated CAIR Representative

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR Subpart 245-2

Item 45.1:

1) Each CAIR SO2 source shall have one and only one CAIR designated representative and

may have one alternate representative, as per 6NYCRR 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 source 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 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.

[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 responsibility for obtaining the information, I certify that the statements

and information are to the best of my knowledge and belief true, accurate, and complete. I am

aware that there are significant penalties for submitting false statements and information or

omitting required statements and information, including the possibility of fine or imprisonment." 

[245-2.1(e)]

Condition 46: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR Subpart 245-8

Item 46.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 46.2:
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 37 FINAL

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/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) designated 

 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 unit," 

 "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, 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 that commences commercial 

 operation before July 1, 2008, by January 1, 2009.

 (ii) For the CAIR SO2 unit that commences commercial 
 

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 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 record 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 monitoring system whose accuracy is 

 potentially affected by the change, in accordance with 40 

 CFR 75.20(b). Examples of changes to a continuous emission

 monitoring system that require recertification include: 

 replacement of the analyzer, complete replacement of an 

 existing continuous emission monitoring system, or change 

 in location or orientation of the sampling probe or site. 

 Any fuel flowmeter system under section 245-8.1(a)(1) is 

 subject to the recertification 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)]

 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 representative shall submit an 

 application to the department within 45 days after 

 completing all initial certification or recertification 
 

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 tests 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 report 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 commences 

 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 the 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 2008, in which case reporting shall 

 commence in the quarter covering January 1, 2009 through 

 March 31, 2009.

 10) 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 75.64. [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 certification (in a format 

 prescribed by the Administrator) in support of each 

 quarterly report based on reasonable inquiry of those 

 persons with primary responsibility for ensuring that all 

 of the unit's emissions are correctly and fully monitored.

 The certification shall state that: [245-8.5(e)]

 i) 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; and

 ii) for a unit with add-on SO2 emission controls and 

 for all hours where SO2 data are substituted in accordance
 

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 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 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 1/30/2012.

Subsequent reports are due every 3 calendar month(s).

Condition 47: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:40CFR 72.9, Subpart A

Item 47.1:

The Compliance Certification activity will be performed for the Facility.

Item 47.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owners and operators of Unit 1 and Unit 2 shall have 

 an Acid Rain Permit and shall operate these units in 

 compliance with the Acid Rain Permit. The Acid Rain 

 Permit shall be attached to and part of the Title V 

 permit. For Units 1 and 2, the facility must comply with 

 the Acid Rain emission limitations or reduction 

 requirements for SO2 and NOx and with the monitoring 

 requirements of 40 CFR 75. 

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 48: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:40CFR 75.10(a), Subpart B

Item 48.1:

The Compliance Certification activity will be performed for the Facility.

Item 48.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 
 

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 The owner or operator shall measure opacity and all SO2, 

 NOx, and CO2 emissions for each affected unit as 

 follows:

 (1) The owner or operator shall install, certify, 

 operate, and maintain, in accordance with all the 

 requirements of this part, a SO2 CEMS and a flow 

 monitoring system with the automated data acquisition and 

 handling system for measuring and recording SO2 

 concentration (in ppm), volumetric gas flow (in scfh), and

 SO2 mass emissions (in lb/hr) discharged to the 

 atmosphere, except as provided in §§75.11 and 75.16 and 

 subpart E of this part; 

 (2) The owner or operator shall install, certify, 

 operate, and maintain, in accordance with all the 

 requirements of this part, a NOX CEMS (consisting of a NOX

 pollutant concentration monitor and an O2 or CO2 diluent 

 gas monitor) with the automated data acquisition and 

 handling system for measuring and recording NOX 

 concentration (in ppm), O2 or CO2 concentration (in 

 percent O2 or CO2) and NOX emission rate (in lb/mmBtu) 

 discharged to the atmosphere. The owner or operator 

 shall account for total NOX emissions, both NO and NO2, 

 either by monitoring for both NO and NO2 or by monitoring 

 for NO only and adjusting the emissions data to account 

 for NO2; 

 (3) The owner or operator shall install, certify, 

 operate, and maintain, in accordance with all the 

 requirements of this part, a CO2 CEMS and a flow 

 monitoring system with the automated data acquisition and 

 handling system for measuring and recording CO2 

 concentration (in ppm or percent), volumetric gas flow (in

 scfh), and CO2 mass emissions (in tons/hr) discharged to 

 the atmosphere; 

 (4) The owner or operator shall install, certify, 

 operate, and maintain, in accordance with all the 

 requirements in this part, a continuous opacity monitoring

 system with the automated data acquisition and handling 

 system for measuring and recording the opacity of 

 emissions (in percent opacity) discharged to the 

 atmosphere.

Monitoring Frequency: CONTINUOUS

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

Subsequent reports are due every 3 calendar month(s).

Condition 49: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:40CFR 75.10(b), Subpart B
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 42 FINAL

Item 49.1:

The Compliance Certification activity will be performed for the Facility.

Item 49.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Primary Equipment Performance Requirements. The owner or 

 operator shall ensure that each CEMS required by this part

 meets the equipment, installation, and performance 

 specifications in Appendix A to this part; and is 

 maintained according to the quality assurance and quality 

 control procedures in Appendix B to this part; and shall 

 record SO2 and NOx emissions in the appropriate units of 

 measurement (i.e., lb/hr for SO2 and lb/mmBtu for NOx).

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

Subsequent reports are due every 3 calendar month(s).

Condition 50: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:40CFR 75.10(c), Subpart B

Item 50.1:

The Compliance Certification activity will be performed for the Facility.

Item 50.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Heat Input Measurement Requirement. The owner or operator

 shall determine and record the heat input to each affected

 unit for every hour or part of an hour any fuel is 

 combusted following the procedures in Appendix F to this 

 part.

Monitoring Frequency: CONTINUOUS

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

Subsequent reports are due every 3 calendar month(s).

Condition 51: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:40CFR 75.10(d), Subpart B
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 43 FINAL

Item 51.1:

The Compliance Certification activity will be performed for the Facility.

Item 51.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Primary equipment hourly operating requirements. The 

 owner or operator shall ensure that all continuous 

 emission and opacity monitoring systems required by this 

 part are in operation and monitoring unit emissions or 

 opacity at all times that the affected unit combusts any 

 fuel except as provided in §75.11(e) and during periods of

 calibration, quality assurance, or preventive maintenance,

 performed pursuant to §75.21 and appendix B of this part, 

 periods of repair, periods of backups of data from the 

 data acquisition and handling system, or recertification 

 performed pursuant to §75.20. The owner or operator shall 

 also ensure, subject to the exceptions above in this 

 paragraph, that all continuous opacity monitoring systems 

 required by this part are in operation and monitoring 

 opacity during the time following combustion when fans are

 still operating, unless fan operation is not required to 

 be included under any other applicable Federal, State, or 

 local regulation, or permit. The owner or operator shall 

 ensure that the following requirements are met:

 (1) The owner or operator shall ensure that each CEMS 

 and component thereof is capable of completing a minimum 

 of one cycle of operation (sampling, analyzing, and data 

 recording) for each successive 15-min interval. The owner 

 or operator shall reduce all SO2 concentrations, 

 volumetric flow, SO2 mass emissions, SO2 emission rate in 

 lb/mmBtu (if applicable), CO2 concentration, O2 

 concentration, CO2 mass emissions (if applicable), NOX 

 concentration, and NOX emission rate data collected by the

 monitors to hourly averages. Hourly averages shall be 

 computed using at least one data point in each fifteen 

 minute quadrant of an hour, where the unit combusted fuel 

 during that quadrant of an hour. Notwithstanding this 

 requirement, an hourly average may be computed from at 

 least two data points separated by a minimum of 15 minutes

 (where the unit operates for more than one quadrant of an 

 hour) if data are unavailable as a result of the 

 performance of calibration, quality assurance, or 

 preventive maintenance activities pursuant to §75.21 and 

 appendix B of this part, backups of data from the data 

 acquisition and handling system, or recertification, 

 pursuant to §75.20. The owner or operator shall use all 

 valid measurements or data points collected during an hour
 

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 to calculate the hourly averages. All data points 

 collected during an hour shall be, to the extent 

 practicable, evenly spaced over the hour. 

 (2) The owner or operator shall ensure that each 

 continuous opacity monitoring system is capable of 

 completing a minimum of one cycle of sampling and 

 analyzing for each successive 10-sec period and one cycle 

 of data recording for each successive 6-min period. The 

 owner or operator shall reduce all opacity data to 6-min 

 averages calculated in accordance with the provisions of 

 part 51, appendix M of this chapter, except where the 

 applicable State implementation plan or operating permit 

 requires a different averaging period, in which case the 

 State requirement shall satisfy this Acid Rain Program 

 requirement. 

 (3) Failure of an SO2, CO2 or O2 pollutant concentration

 monitor, flow monitor, or NOX CEMS, to acquire the minimum

 number of data points for calculation of an hourly average

 in paragraph (d)(1) of this section, shall result in the 

 failure to obtain a valid hour of data and the loss of 

 such component data for the entire hour. An hourly average

 NOX or SO2 emission rate in lb/mmBtu is valid only if the 

 minimum number of data points are acquired by both the 

 pollutant concentration monitor (NOX or SO2) and the 

 diluent monitor (CO2 or O2). Except for SO2 emission rate 

 data in lb/mmBtu, if a valid hour of data is not obtained,

 the owner or operator shall estimate and record emission 

 or flow data for the missing hour by means of the 

 automated data acquisition and handling system, in 

 accordance with the applicable procedure for missing data 

 substitution in subpart D of this part.

Monitoring Frequency: CONTINUOUS

Averaging Method: AVERAGING METHOD AS PER REFERENCE TEST

 METHOD INDICATED

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

Subsequent reports are due every 3 calendar month(s).

Condition 52: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:40CFR 75.13(a), Subpart B

Item 52.1:

The Compliance Certification activity will be performed for the Facility.

Item 52.2:

Compliance Certification shall include the following monitoring:
 

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 Air Pollution Control Permit Conditions

Renewal 2 Page 45 FINAL

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner or operator shall meet the general operating 

 requirements in 40 CFR 75-B.10 for a CO2 continuous 

 emission monitoring system and flow monitoring system for 

 each affected unit. The owner or operator shall also 

 comply with the applicable provisions specified in 40 CFR 

 75-B.11 (a) through (e) or 40 CFR B-16, except the phrase 

 "SO2 continuous emission monitoring system" is replaced 

 with "CO2 continuous emission monitoring system," the term

 "maximum potential concentration for SO2" is replaced with

 "maximum CO2 concentration," and the phrase "SO2 mass 

 emissions" is replaced with "CO2 mass emissions."

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 53: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:40CFR 75.20, Subpart C

Item 53.1:

The Compliance Certification activity will be performed for the Facility.

Item 53.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Whenever the owner or operator makes a replacement, 

 modification, or change in the certified continuous 

 emission monitoring system or continous opacity monitoring

 system (which includes the automated data acquisition and 

 230 handling system, and, where applicable, the CO2 

 continuous emission monitoring system), that significantly

 affects the ability of the system to measure or record the

 SO2 concentration, volumetric gas flow, SO2 mass 

 emissions, NOx emission rate, CO2 concentration, or 

 opacity, or to meet the requirements of appendix B of this

 40 CFR 75, the owner or operator shall recertify the 

 continous emission monitoring system, continuous opacity 

 monitoring system, or component thereof according to the 

 procedures in 40 CFR 75. Examples of changes which 

 require recertification include: replacement of the 

 analytical method, including the analyyzer; change in 

 location or orientation of the sampling probe or site; 

 rebuilding of the analyzer or all monitoring system 

 equipment; and replacement of an existing continuous 

 emission monitoring system or continuous opacity 
 

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 Air Pollution Control Permit Conditions

Renewal 2 Page 46 FINAL

 monitoring system.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 54: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:40CFR 75.64(a), Subpart G

Item 54.1:

The Compliance Certification activity will be performed for the Facility.

Item 54.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The designated representative for an affected unit shall 

 electronically report the data and information indicated 

 below to the United States Environmental Protection Agency

 (US EPA) quarterly. Each report must be submitted within 

 30 days following the end of each calendar quarter and 

 shall include:

 (1) The information and hourly data required in 40 CFR 

 75.50 through 75.52 (or 75.54 through 75.56), excluding 

 descriptions of adjustments, corrective action, and 

 maintenance; information which is incompatible with 

 electronic reporting (e.g., field data sheets, lab 

 analyses, quality control plan); opacity data listed in 40

 CFR 75.50(f) or 75.54(f); for units with SO2 or NOx add-on

 emission controls that do not elect to use the approved 

 site-specific parametric monitoring procedures for 

 calculation of substitute date, the information in 40 CFR 

 75.55(b)(3); and the information recorded under 40 CFR 

 75.59 for the period beginning April 1, 2000. 

 (2) Tons (rounded to the nearest tenth) of SO2 emitted 

 during the quarter and cumulative SO2 emissions for the 

 calendar year.

 (3) Average NOx emission rate (pounds per million BTU, 

 rounded to the nearest hundredth) during the quarter and 

 cumulative NOx emission rate for the calendar year.

 (4) Tons of CO2 emitted during the quarter and cumulative 

 CO2 emissions for the calendar year.

 (5) Total heat input (million BTU) for the quarter and 

 cumulative heat input for the calendar quarter.
 

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 Air Pollution Control Permit Conditions

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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 1/30/2012.

Subsequent reports are due every 3 calendar month(s).

 ** ** Emission Unit Level  

Condition 55: Emission Point Definition By Emission Unit

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 55.1:

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

 Emission Unit: U-R0001

 Emission Point: 00001 

 Height (ft.): 260 Diameter (in.): 276

 NYTMN (km.): 4602.75 NYTME (km.): 585.473 Building: ROSE1

Item 55.2:

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

 Emission Unit: U-R0002

 Emission Point: 00002 

 Height (ft.): 260 Diameter (in.): 276

 NYTMN (km.): 4602.734 NYTME (km.): 585.42 Building: ROSE2

Item 55.3:

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

 Emission Unit: U-R000A

 Emission Point: 0000A 

 Height (ft.): 21 Diameter (in.): 32

 NYTMN (km.): 4602.683 NYTME (km.): 585.388

Condition 56: Process Definition By Emission Unit

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 56.1:

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

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 Air Pollution Control Permit Conditions

Renewal 2 Page 48 FINAL

 Emission Unit: U-R0001

 Process: R10 Source Classification Code: 1-01-004-01

 Process Description: 

 THE COMBUSTION OF NO. 6 OIL. THE HEAT 

 INPUT OF THE BOILER IS RATED AT 7927 

 MMBTU/HR FOR NO. 6 OIL FIRING. PARTICULATE

 EMISSIONS ARE CONTROLLED BY A MECHANICAL 

 DUST COLLECTOR; EMISSIONS OF NOX ARE 

 REDUCED THROUGH A COMBINATION OF FUEL OIL 

 STEAM ATOMIZATION, "BURNERS OUT OF SERVICE"

 (BOOS), AND/OR WINDBOX FLUE GAS 

 RECIRCULATION.

 Emission Source/Control: SR001 - Combustion 

 Emission Source/Control: CR001 - Control 

 Control Type: DYNAMIC SEPARATOR (DRY)

Item 56.2:

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

 Emission Unit: U-R0001

 Process: R1G Source Classification Code: 1-01-006-01

 Process Description: 

 THE COMBUSTION OF NATURAL GAS. THE HEAT 

 INPUT OF THE BOILER IS RATED AT 5985 

 MMBTU/HR FOR NATURAL GAS FIRING. 

 PARTICULATE EMISSIONS ARE CONTROLLED BY A 

 MECHANICAL DUST COLLECTOR; EMISSIONS OF NOX

 ARE REDUCED THROUGH THE USE OF "BURNERS OUT

 OF SERVICE" (BOOS) AND/OR WINDBOX FLUE GAS 

 RECIRCULATION. NO. 2 FUEL OIL IS USED FOR 

 IGNITION DURING THE WARM-UP PROCESS ONLY.

 Emission Source/Control: SR001 - Combustion 

 Emission Source/Control: CR001 - Control 

 Control Type: DYNAMIC SEPARATOR (DRY)

Item 56.3:

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

 Emission Unit: U-R0002

 Process: R20 Source Classification Code: 1-01-004-01

 Process Description: 

 THE COMBUSTION OF NO. 6 OIL. THE HEAT 

 INPUT OF THE BOILER IS RATED AT 7691 

 MMBTU/HR FOR NO. 6 OIL FIRING. 

 PARTICULATE EMISSIONS ARE CONTROLEED BY A 

 MECHANICAL DUST COLLECTOR; EMISSIONS OF NOX

 ARE RED UCED THROUGH A COMBINATION OF FUEL 

 OIL STEAM ATOMIZATION, "BURNERS OUT OF 
 

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 Air Pollution Control Permit Conditions

Renewal 2 Page 49 FINAL

 SERVICE" (BOOS), AND WINDBOX FLUE GAS 

 RECIRCULATION.

 Emission Source/Control: SR002 - Combustion 

 Emission Source/Control: CR002 - Control 

 Control Type: DYNAMIC SEPARATOR (DRY)

Item 56.4:

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

 Emission Unit: U-R0002

 Process: R2G Source Classification Code: 1-01-006-01

 Process Description: 

 THE COMBUSTION OF NATURAL GAS. THE HEAT 

 INPUT OF THE BOILER IS RATED AT 6597 

 MMBTU/HR FOR NATURAL GAS FIRING. 

 PARTICULATE EMISSIONS ARE CONTROLLED BY A 

 MECHANICAL DUST COLLECTOR, EMISSIONS OF NOX

 ARE REDUCED THROUGH THE USE OF "BURNERS OUT

 OF SERVICE" (BOOS) AND WINDBOX FLUE GAS 

 RECIRCULATION. NO. 2 FUEL OIL IS USED FOR 

 IGNITION DURING WARM-UP PROCESS ONLY.

 Emission Source/Control: SR002 - Combustion 

 Emission Source/Control: CR002 - Control 

 Control Type: DYNAMIC SEPARATOR (DRY)

Item 56.5:

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

 Emission Unit: U-R000A

 Process: RAG Source Classification Code: 1-02-006-01

 Process Description: THE COMBUSTION OF NATURAL GAS. 

 Emission Source/Control: SR00A - Combustion 

Item 56.6:

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

 Emission Unit: U-R000A

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

 Process Description: 

 THE COMBUSTION OF NO. 2 OIL. THE HEAT 

 INPUT OF THE BOILER IS RATED AT 38.6 

 MMBTU/HR FOR OIL FIRING. NO EMISSION 

 CONTROLS ARE INSTALLED.

 Emission Source/Control: SR00A - Combustion 

Item 56.7:
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 50 FINAL

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

 Emission Unit: U-R000W

 Process: RWW Source Classification Code: 5-01-007-01

 Process Description: 

 SLUDGE FROM WATER TREATMENT SETTLING 

 BASINS IS DRIED AT AMBIENT TEMPERATURE AND 

 STORED. THIS MATERIAL IS LOADED INTO 

 TRUCKS AND HAULED OFF-SITE FOR BENEFICIAL 

 REUSE.

 Emission Source/Control: SR00W - Process 

Condition 57: Emission Unit Permissible Emissions

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR Subpart 201-7

Item 57.1:

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

cited

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

 Emission Unit: U-R000A

 CAS No: 0NY210-00-0 

 Name: OXIDES OF NITROGEN

 PTE(s): 70,000 pounds per year

Condition 58: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 58.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-R0001

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 58.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 EFFECTIVE JANUARY 1, 2014. 

 The annual weighted average of sulfur in 

 No. 6 Fuel Oil shall be limited to 1.0%.
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 51 FINAL

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: FUEL OIL

Parameter Monitored: SULFUR CONTENT

Upper Permit Limit: 1.0 percent

Reference Test Method: EPA Approved

Monitoring Frequency: PER DELIVERY

Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

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

Condition 59: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 59.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-R0001

 Regulated Contaminant(s):

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

Item 59.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 EFFECTIVE JANUARY 1, 2014. 

 NOx emissions limited to 0.20 lb/mmBtu through wind box 

 optimization.

 30 day average during the non-ozone season.

Manufacturer Name/Model Number: CEM

Upper Permit Limit: 0.20 pounds per million Btus

Reference Test Method: CEM

Monitoring Frequency: CONTINUOUS

Averaging Method: 30-DAY AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

Subsequent reports are due every 3 calendar month(s).

Condition 60: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 249.3 (a)
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 52 FINAL

Item 60.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-R0001

 Regulated Contaminant(s):

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

Item 60.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 EFFECTIVE JANUARY 1, 2014. 

 NOx emissions limited to 0.20 lb/mmBtu through wind box 

 optimization.

 24 hour average during the ozone season.

Manufacturer Name/Model Number: CEM

Upper Permit Limit: 0.20 pounds per million Btus

Reference Test Method: CEM

Monitoring Frequency: CONTINUOUS

Averaging Method: 24 HOUR DAILY AVERAGE (ARITHMETIC 

 MEAN)

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

Subsequent reports are due every 3 calendar month(s).

Condition 61: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 249.3 (f)

Item 61.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-R0001

Item 61.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The emission limits in this permit for NOx, SO2, and/or 

 PM10 established under Part 249 are based on New York's 

 Best Available Retrofit Technology (BART) Rule (6 NYCRR 

 Part 249), are effective on the date of this permit's 

 issuance, and are state-enforceable. Federal 

 enforceability of these facility-specific requirements is 

 effective on the date on which these emission limits, as 
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 53 FINAL

 submitted to EPA as a revision to New York State's 

 Implementation Plan for Regional Haze, are published in 

 the Federal Register.

Monitoring Frequency: SEMI-ANNUALLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

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

Condition 62: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 227-1.3 (a)

Item 62.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-R0001 Emission Point: 00001

Item 62.2:

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 60 days after the reporting period.

The initial report is due 2/29/2012.

Subsequent reports are due every 3 calendar month(s).

Condition 63: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 227-1.2 (a) (1)

Item 63.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-R0001 Emission Point: 00001

 Process: R10 Emission Source: SR001
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 54 FINAL

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 63.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 No person shall cause or allow an emission into the 

 outdoor atmosphere of particulates in excess of 0.1 pounds

 per million BTU heat input from any stationary combustion 

 installation with a maximum heat input capacity exceeding 

 250 million BTU per hour using oil. In accordance with 

 6NYCRR Part 202-1, the Department reserves the right to 

 require the performance of emission testing in order to 

 acertain compliance with this limit. Within 30 days of 

 receiving written notification from the Department that 

 emission testing will be required, the facility shall 

 submit to the Department a test protocol of the methods 

 and procedures to be used. Within 30 days of Department 

 approval of the test protocol, the facility shall perform 

 the test.

Upper Permit Limit: 0.1 pounds per million Btus

Reference Test Method: Method 5

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 64: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 64.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-R0002

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 64.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 EFFECTIVE JANUARY 1, 2014. 

 The annual weighted average of sulfur in 
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 55 FINAL

 No. 6 Fuel Oil shall be limited to 1.0%.

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: FUEL OIL

Parameter Monitored: SULFUR CONTENT

Upper Permit Limit: 1.0 percent

Reference Test Method: EPA Approved

Monitoring Frequency: PER DELIVERY

Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

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

Condition 65: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 65.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-R0002

 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: 

 EFFECTIVE JANUARY 1, 2014. 

 NOx emissions limited to 0.20 lb/mmBtu through wind box 

 optimization.

 30 day average during the non-ozone season.

Manufacturer Name/Model Number: CEM

Upper Permit Limit: 0.20 pounds per million Btus

Reference Test Method: CEM

Monitoring Frequency: CONTINUOUS

Averaging Method: 30-DAY AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

Subsequent reports are due every 3 calendar month(s).

Condition 66: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 249.3 (a)
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 56 FINAL

Item 66.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-R0002

 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: 

 EFFECTIVE JANUARY 1, 2014. 

 NOx emissions limited to 0.20 lb/mmBtu through wind box 

 optimization.

 24 hour average during the ozone season.

Manufacturer Name/Model Number: CEM

Upper Permit Limit: 0.20 pounds per million Btus

Reference Test Method: CEM

Monitoring Frequency: CONTINUOUS

Averaging Method: 24 HOUR DAILY AVERAGE (ARITHMETIC 

 MEAN)

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

Subsequent reports are due every 3 calendar month(s).

Condition 67: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 227-1.3 (a)

Item 67.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-R0002 Emission Point: 00002

Item 67.2:

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).
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 57 FINAL

Parameter Monitored: OPACITY

Upper Permit Limit: 20 percent

Monitoring Frequency: CONTINUOUS

Averaging Method: 6 MINUTE AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 60 days after the reporting period.

The initial report is due 2/29/2012.

Subsequent reports are due every 3 calendar month(s).

Condition 68: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 227-1.2 (a) (1)

Item 68.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-R0002 Emission Point: 00002

 Process: R20 Emission Source: SR002

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 68.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 No person shall cause or allow an emission into the 

 outdoor atmosphere of particulates in excess of 0.1 pounds

 per million BTU heat input from any stationary combustion 

 installation with a maximum heat input capacity exceeding 

 250 million BTU per hour using oil. In accordance with 

 6NYCRR Part 202-1, the Department reserves the right to 

 require the performance of emission testing in order to 

 acertain compliance with this limit. Within 30 days of 

 receiving written notification from the Department that 

 emission testing will be required, the facility shall 

 submit to the Department a test protocol of the methods 

 and procedures to be used. Within 30 days of Department 

 approval of the test protocol, the facility shall perform 

 the test.

Upper Permit Limit: 0.1 pounds per million Btus

Reference Test Method: Method 5

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 69: Capping Monitoring Condition
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 58 FINAL

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR Subpart 201-7

Item 69.1:

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) that the facility, emission unit or process would

otherwise be subject to:

 6 NYCRR Subpart 231-2

Item 69.2:

Operation of this facility shall take place in accordance with the approved criteria, emission

limits, terms, conditions and standards in this permit.

Item 69.3:

The owner or operator of the permitted facility must maintain all required records on-site for a

period of five years and make them available to representatives of the Department upon request.

Department representatives must be granted access to any facility regulated by this Subpart,

during normal operating hours, for the purpose of determining compliance with this and any

other state and federal air pollution control requirements, regulations or law.

Item 69.4:

On an annual basis, unless otherwise specified below, beginning one year after the granting of an

emissions cap, the responsible official shall provide a certification 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 69.5:

The emission of pollutants that exceed the applicability thresholds for an applicable requirement,

for which the facility has obtained an emissions cap, constitutes a violation of Part 201 and of

the Act.

Item 69.6:

The Compliance Certification activity will be performed for:

 Emission Unit: U-R000A

 Regulated Contaminant(s):

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

Item 69.7:

Compliance Certification shall include the following monitoring:

 Capping: Yes

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 NOX EMISSIONS FROM THIS EMISSION UNIT 
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 59 FINAL

 SHALL NOT EXCEED 35 TONS PER YEAR ON A 

 12-MONTH ROLLING BASIS BY LIMITING BOILER

 OPERATION TO 7,000 HOURS PER YEAR. FUEL 

 USAGE AND OPERATING HOURS SHALL BE 

 RECORDED MONTHLY. 

Work Practice Type: HOURS PER YEAR OPERATION

Upper Permit Limit: 7000 hours per year

Monitoring Frequency: MONTHLY

Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

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

Condition 70: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:40CFR 60.48c(g), NSPS Subpart Dc

Item 70.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-R000A

Item 70.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 the owner or operator of an affected facility that 

 combusts only natural gas may elect to record and maintain

 records of the amount of each fuel combusted during each 

 calendar month.

Monitoring Frequency: MONTHLY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

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

Condition 71: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:6 NYCRR 227-1.3 (a)

Item 71.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-R000A Emission Point: 0000A

Item 71.2:
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 60 FINAL

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 

 operate the installation in such a way to 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 in reference test Method 9 in Appendix A of

 40 CFR 60.

Parameter Monitored: OPACITY

Upper Permit Limit: 20 percent

Reference Test Method: Method 9

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Averaging Method: 6-MINUTE AVERAGE (METHOD 9)

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

Subsequent reports are due every 12 calendar month(s).

Condition 72: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:40CFR 60.48c(f)(1), NSPS Subpart Dc

Item 72.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-R000A Emission Point: 0000A

 Process: RAO

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 72.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Fuel supplier certification shall include the following 

 information for distillate oil:

 i) The name of the oil supplier, and

 ii) A statement from the oil supplier that the oil 

 complies with the specifications under the definition of 

 distillate oil in §60.41c. 60-Dc 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
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 61 FINAL

 Testing and Materials in ASTM D396-78, A standard 

 Specification for Fuel Oils.

 iii) The sulfur content or maximum sulfur content of the 

 oil.

Monitoring Frequency: PER DELIVERY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

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

Condition 73: Compliance Certification

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable Federal Requirement:40CFR 60.42c(d), NSPS Subpart Dc

Item 73.1:

The Compliance Certification activity will be performed for:

 Emission Unit: U-R000A Emission Point: 0000A

 Process: RAO Emission Source: SR00A

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 73.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC 

 OPERATIONS

Monitoring Description: 

 On or after the date on which the initial performance 

 test is completed or required to be completed under 

 section 60.8 of this part, no owner or operator of an 

 affected facility that combusts oil shall combust oil with

 a sulfur content in excess of 0.5 percent by weight.

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: NUMBER 2 OIL

Parameter Monitored: SULFUR CONTENT

Upper Permit Limit: 0.5 percent by weight

Monitoring Frequency: PER DELIVERY

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

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

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 62 FINAL

 STATE ONLY ENFORCEABLE CONDITIONS

 ** ** Facility Level  

 NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS

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

may also have other obligations under regulations of general applicability

Item A: General Provisions for State Enforceable Permit Terms and

 Condition - 6 NYCRR Part 201-5

 Any person who owns and/or operates stationary sources 

 shall operate and maintain all emission units and any 

 required emission control devices in compliance with all 

 applicable Parts of this Chapter and existing laws, and 

 shall operate the facility in accordance with all 

 criteria, emission limits, terms, conditions, and 

 standards in this permit. Failure of such person to 

 properly operate and maintain the effectiveness of such 

 emission units and emission control devices may be 

 sufficient reason for the Department to revoke or deny a 

 permit.

 The owner or operator of the permitted facility must 

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

 years and make them available to representatives of the 

 Department upon request. Department representatives must 

 be granted access to any facility regulated by this 

 Subpart, during normal operating hours, for the purpose of

 determining compliance with this and any other state and 

 federal air pollution control requirements, regulations or

 law.

 STATE ONLY APPLICABLE REQUIREMENTS

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

compliance certification requirements unless otherwise noted or required 

 under 6 NYCRR Part 201.

Condition 74: Contaminant List

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable State Requirement:ECL 19-0301

Item 74.1:

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

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

 CAS No: 000124-38-9

 Name: CARBON DIOXIDE
 

Permit ID: 3-3346-00075/00008 Facility DEC ID: 3334600075

 Air Pollution Control Permit Conditions

Renewal 2 Page 63 FINAL

 CAS No: 007446-09-5

 Name: SULFUR DIOXIDE

 CAS No: 0NY075-00-0

 Name: PARTICULATES

 CAS No: 0NY210-00-0

 Name: OXIDES OF NITROGEN

Condition 75: Unavoidable noncompliance and violations

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable State Requirement:6 NYCRR 201-1.4

Item 75.1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

representative.

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

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

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

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

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

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

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

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

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

reporting and notification provisions for applicable requirements more stringent than those

above.

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

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

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

malfunction and the air contaminants emitted.

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

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

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

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

determined by the commissioner, shall be applied during any maintenance, start-up/shutdown or

malfunction condition subject to this paragraph.

(e) In order to have a violation of a federal regulation (such as a new source performance

standard or national emissions standard for hazardous air pollutants) excused, the specific

federal regulation must provide for an affirmative defense during start-up, shutdowns,

malfunctions or upsets.

Condition 76: Visible Emissions Limited

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable State Requirement:6 NYCRR 211.2

Item 76.1:

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 77: Compliance Demonstration

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable State Requirement:6 NYCRR 227-1.4 (a)

Item 77.1:

The Compliance Demonstration activity will be performed for the Facility.

Item 77.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The following pertains to all continuous opacity 

 monitoring systems at the facility.

 1. Maintenance

 Corrective maintenance activities shall be performed as 

 needed. All corrective maintenance activities shall be 

 documented on Corrective Action Sheets.

 A preventative maintenance program shall be implemented 

 and shall include the following activities:

 Daily: Each opacity monitor automatically performs a zero

 and span calibration check every 24 hours according to 40 

 CFR 60, PS1 specifications. Daily zero and span 

 calibration data are reviewed. The maintenance 

 technicians correct any problems identified at this time. 
 

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 If the problem cannot be corrected, the CEM maintenance 

 consultant is contacted.

 Weekly: Maintenance technicians review opacity calibration

 trending and six-minute opacity data trending. If a 

 problem is suspected, the maintenance technicians take 

 corrective action and if the problem is not, the CEM 

 consultant is contacted.

 Monthly: The CEM maintenance consultant cleans the lenses 

 at each unit and performs any required 

 maintnenance.

 Quarterly: The CEM maintenance consultant performs opacity

 audits according to 40 CFR 60, PS1. During the audit, the

 monitor alignment is checked and adjusted, if required, 

 and the lenses are cleaned. Opacity reports are generated

 from the CEM systems and submitted to NYSDEC Region 3 and 

 Central Office.

 Annually: The CEM maintenance consultant performs an 

 opacity monitor response time test in accordance with 40 

 CFR 60, PS1.

 2. Quality Assurance

 The facility shall implement a quality assurance program 

 consisting of quarterly data reviews and bi-annual program

 audits. Quarterly data reviews shall be resumed during 

 which the opacity data collected during the quarter shall 

 be examined to assure that exceedance events are properly 

 documented with an Opacity Incident Report (OIR) and 

 required notifications have been made. Program audits 

 consisting of a thorough review of the opacity monitoring 

 program shall be conducted by June 30 and December 31 of 

 each year. The audits shall be verified by both daily 

 zero and span checks and annual calibration error 

 assessments. They shall also review the documentation to 

 assure that all records are complete, and proper 

 documentation is maintained of all OIRs, and monitor 

 maintenance.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY

Condition 78: Compliance Demonstration

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable State Requirement:6 NYCRR 242-1.5

Item 78.1:
 

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The Compliance Demonstration activity will be performed for the Facility.

Item 78.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owners and operators and, to the extent applicable, 

 the CO2 authorized account representative of each CO2 

 budget source and each CO2 budget unit at the source shall

 comply with the monitoring requirements of Subpart 242-8. 

 The emissions measurements recorded and reported in 

 accordance with Subpart 242-8 of this Part shall be used 

 to determine compliance by the unit with the following CO2

 requirements:

 (1) The owners and operators of each CO2 budget source and

 each CO2 budget unit at the source shall hold CO2 

 allowances available for compliance deductions under 

 Section 242-6.5, as of the CO2 allowance transfer 

 deadline, in the source's compliance account in an amount 

 not less than the total CO2 emissions for the control 

 period from all CO2 budget units at the source, as 

 determined in accordance with Subparts 242-6 and 

 242-8.

 (2) Each ton of CO2 emitted in excess of the CO2 budget 

 emissions limitation shall constitute a separate violation

 of this Part and applicable state law.

 (3) A CO2 budget unit shall be subject to the requirements

 specified in item 1 starting on the later, of January 1, 

 2009 or the date on which the unit commences 

 operation.

 (4) CO2 allowances shall be held in, deducted from, or 

 transferred among CO2 Allowance Tracking System accounts 

 in accordance with Subparts 242-5, 242-6, and 242-7, and 

 Section 242-10.7.

 (5) A CO2 allowance shall not be deducted, in order to 

 comply with the requirements specified in item 1, for a 

 control period that ends prior to the allocation year for 

 which the CO2 allowance was allocated. A CO2 offset 

 allowance shall not be deducted, in order to comply with 

 the requirements under item 1, beyond the applicable 

 percent limitations set out in 6NYCRR Part 

 242-6.5(a)(3).

 (6) A CO2 allowance under the CO2 Budget Trading Program 

 is a limited authorization by the Department or a 

 participating state to emit one ton of CO2 in accordance 
 

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 with the CO2 Budget Trading Program. No provision of the 

 CO2 Budget Trading Program, the CO2 budget permit 

 application, or the CO2 budget permit or any provision of 

 law shall be construed to limit the authority of the 

 Department or a participating state to terminate or limit 

 such authorization.

 (7) A CO2 allowance under the CO2 Budget Trading Program 

 does not constitute a property right.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

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

Condition 79: Compliance Demonstration

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable State Requirement:6 NYCRR Subpart 242-4

Item 79.1:

The Compliance Demonstration activity will be performed for the Facility.

 Regulated Contaminant(s):

 CAS No: 000124-38-9 CARBON DIOXIDE

Item 79.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Annual Compliance Certification Report:

 (a) For each control period in which a CO2 budget source 

 is subject to the CO2 requirements of subdivision 

 242-1.5(c) of this Part, CO2 authorized account 

 representative of the source shall submit to the 

 department by March 1st following the relevant control 

 period, a compliance certification report. The control 

 period is a three-calendar-year time period.

 (b) The compliance certification report shall include the 

 following elements:

 (1) identification of the source and each CO2 budget unit 

 at the source;

 (2) as an option, the serial numbers of the CO2 allowances

 that are to be deducted from the source's compliance 

 account under section 242-6.5 of this Part for the control
 

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 period, including the serial numbers of any CO2 offset 

 allowances that are to be deducted subject to the 

 limitations of section 242-6.5(a)(3) of this Part; 

 and

 (3) the compliance certification under subdivision (c) of 

 this section (below).

 (c) In the compliance certification report the CO2 

 authorized account representative shall certify, based on 

 reasonable inquiry of those persons with primary 

 responsibility for operating the source and the CO2 budget

 units at the source in compliance with the CO2 Budget 

 Trading Program, whether the source and each CO2 budget 

 unit at the source for which the compliance certification 

 is submitted was operated during the calendar years 

 covered by the report in compliance with the requirements 

 of the CO2 Budget Trading Program, including:

 (1) whether the source was operated in compliance with the

 CO2 requirements of section 242-1.5(c) of this 

 Part;

 (2) whether the monitoring plan applicable to each unit at

 the source has been maintained to reflect the actual 

 operation and monitoring of the unit, and contains all 

 information necessary to attribute CO2 emissions to the 

 unit, in accordance with Subpart 242-8 of this 

 Part;

 (3) whether all the CO2 emissions from the units at the 

 source were monitored or accounted for through the missing

 data procedures and reported in the quarterly monitoring 

 reports, including whether conditional data were reported 

 in the quarterly reports in accordance with Subpart 242-8 

 of this Part. If conditional data were reported, the owner

 or operator shall indicate whether the status of all 

 conditional data has been resolved and all necessary 

 quarterly report resubmissions have been made;

 (4) whether the facts that form the basis for 

 certification under Subpart 242-8 of each monitor at each 

 unit at the source, or for using an excepted monitoring 

 method or alternative monitoring method approved under 

 Subpart 242-8 of this Part, if any, have changed; 

 and

 (5) if a change is required to be reported under paragraph

 (c)(4) above, specify the nature of the change, the reason

 for the change, when the change occurred, and how the 

 unit's compliance status was determined subsequent to the 

 change, including what method was used to determine 
 

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 emissions when a change mandated the need for monitor 

 recertification.

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING 

 DESCRIPTION

Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION

 ** ** Emission Unit Level ****

Condition 80: Compliance Demonstration

 Effective between the dates of 11/02/2011 and 11/01/2016

 Applicable State Requirement:6 NYCRR Subpart 242-8

Item 80.1:

The Compliance Demonstration activity will be performed for the facility:

The Compliance Demonstration applies to:

 Emission Unit: U-R0001

 Emission Unit: U-R0002

 Regulated Contaminant(s):

 CAS No: 000124-38-9 CARBON DIOXIDE

Item 80.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Recordkeeping and Reporting

 (a) General provisions. The CO2 authorized account 

 representative shall comply with all recordkeeping and 

 reporting requirements in this section, the applicable 

 record keeping and reporting requirements under 40 CFR 

 75.73 and with the requirements of section 242-2.1(e) of 

 this Part.

 (b) Monitoring plans. The owner or operator of a CO2 

 budget unit shall submit a monitoring plan in the manner 

 prescribed in 40 CFR 75.62.

 (c) Certification applications. The CO2 authorized account

 representative shall submit an application to the 

 department within 45 days after completing all CO2 

 monitoring system initial certification or recertification

 tests required under section 242-8.2 of this Subpart 

 including the information required under 40 CFR 75.63 and 

 40 CFR 75.53(e) and (f).
 

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 (d) Quarterly reports. The CO2 authorized account 

 representative shall submit quarterly reports, as 

 follows:

 (1) The CO2 authorized account representative shall 

 report the CO2 mass emissions data and heat input data for

 the CO2 budget unit, in an electronic format prescribed by

 the administrator unless otherwise prescribed by the 

 department for each calendar quarter.

 (2) The CO2 authorized account representative shall 

 submit each quarterly report 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 group 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.

 (3) The CO2 authorized account representative shall 

 submit to the department or its agent a compliance 

 certification 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 this 

 Subpart and 40 CFR part 75, including the quality 

 assurance procedures and specifications;

 (ii) for a unit with add-on CO2 emissions controls and

 for all hours where data are substituted in accordance 

 with 40 CFR 75.34(a)(1), the add-on emissions controls 

 were operating within the range of parameters listed in 

 the quality assurance/quality control program under 

 appendix B of 40 CFR part 75 and the substitute values do 

 not systematically underestimate CO2 emissions; and

 (iii) the CO2 concentration values substituted for 

 missing data under Subpart D of 40 CFR part 75 do not 

 systematically underestimate CO2 emissions

Monitoring Frequency: CONTINUOUS

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2012.

Subsequent reports are due every 3 calendar month(s).
 

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