Bureau ofAir Curtis State Office Building 1000 SVI! Jackson. Suite 310 Topeka, KS 66612**Rob~n** Moser, lv1D, Secretary

Source ID No. 0210002 Mr. JeffBurkett SeniorEnvironmental Coordinator The Empire DistrictElectric Company P.O. Box 127 Joplin, Missouri 64802 Department ofllealth & Environment July 11,2013

RE: AirEmission Source PSD ConstructionPermit- Riverton Power Station DearMr. Burkett: Phone: 785-296-6281 Fax: 785-291-3953 llowry@kdheks.gov www.kdheks.gov/bar

Sam BroWI1hl-lck, Cfovcrnor

Enclosedis the AirEmission Source PSD Construction Permitfor the conversion ofUnit 12 from simple cycleto combined cycle operation at The Empire DistrictElectric Companyfacility located in Riverton, Kansas. Also enclosed is a copy ofthe Responsiveness Summary. Please review the enclosedAir Emission Source Construction Permit carefully, since it obligates TheEmpire DistrictElectric Company to certain requirements. The source ID numberlisted above should be included in all communications withthe Kansas Department ofHealth and Environment (KDHE) in reference to this approval. As providedfor in K.S.A. 65-3008b(e), an owner or operator may request ahearing within 15 days after affirmation, modification orreversal ofa permitdecision pursuant to subsection (b) ofK.S.A. 65-3008a. In the Requestfor Hearing, the owner or operator shall specifythe provision ofthis act or rule and regulation allegedly violated, the facts constitutingthe alleged violation and secretary's intended action. Suchrequestmust be submitted to: Director, Office ofAdministrative Hearings, 1020 S. Kansas Avenue, Topeka, Kansas 66612- 1327. Failureto submit a timely request shall result ina waiver ofthe rightto hearing. Ifyouhave any questions aboutthe enclosed amendmentto the constructionpermit, orneed any additional information, please contactme at (785) 296-6281.

LDL:lv Enclosures c: Doug Cole, SEDO C-10913 Sincerely,

# ~.owr;,~ En 1ronmentalEngineer Air Permitting SectionBureau ofAir Curtis State Office Building 1000 SW Jackson, Suite 310 Topeka, KS 66612-1366

Robert Moser, MD, Secretary

SourceID No.: Effective Date: Depm1ment ofllealth & Environment



### AIREMISSION SOURCE CONSTRUCTIONPERMIT 0210002 July 11, 2013 Phone: 785-296-6281 Fax: 785-291-3953 llowry@kdheks.gov www.kdheks.gov/bar

Sam Brownback, Governor

SourceName: The Empire DistrictElectric Co. -RivertonGenerating Station SIC Code: NAICS Code: SourceLocation: MailingAddress:

ContactPerson 4911, Electric Services 221112, Fossil fuel power generation 7240 Southeast Highway 66 Riverton, Kansas 66770 P.O. Box 127 Joplin, Missouri 64802 Mr. JeffBurkett Sr. Environmental Coordinator Telephone Number (417) 625-4236 This permitis issued pursuantto K.S.A. 65-3008 as amended.

I. Description ofActivity Subjectto AirPollution ControlRegulations The Empire District Electric Company (Empire), Riverton Unit 12, a Siemens V84.3A(2) natural gasfired combustion turbine, nominally rated at 150 MW, was originally issued a construction permit on October 18,2005 (amended onAugust 18,2006 and February 5, 2009) and began operation in2007. Empire plans to convert the existing Riverton Unit 12 simple cycle combustion turbine to a combined cycle unit, with a nominal capacity of250 MW (1963 MMBtu/hr). The proposed combined cycle unit will replace the capacity and energy provided by coal fired boilers Unit 7 ( 426 MMBtu/hr) and Unit 8 (600 MMBtu/hr), which will bothbe retired in conjunction withthe completion ofthis project. Empire plans to complete this conversionby June, 2016. Page 1of 16Modifications will include a heat recovery steam generator (HRSG) with supplemental natural gas duct firing (duct burners) and a condensing steam turbine generator. A selective catalytic reduction (SCR) systemwill control oxides ofnitrogen (NOx). A carbonmonoxide catalystwill control carbonmonoxide (CO) and volatile organic compound (VOC) emissions from the turbine and HRSG. Other equipment will include a cooling tower, an 18.6 MMBtu/hr natural gas-fired auxiliary boiler with the capacity to produce 15,000 pounds of steam per hour (approximately 18.6 MMBtulhr), a 1102 HP (750 Kw) emergency diesel engine and two (2) sulfuric hexafluoride (SF6) insulated circuit breakers. Except in the case of an actual emergency, Empire will not operate the emergency diesel engine more than 100 hours peryear in a non-emergency capacityto accommodate maintenance and readiness testing. Emissions increases ofNOx, sulfur dioxide (S02), carbon monoxide (CO), volatile organic compounds (VOC), particulate matter (PM), PM with a diameter less than 10 microns (PM10), PM with a diameter less than 2.5 microns (PM25), lead, sulfuric acid mist (SAM), hydrogen fluoride (HF), and carbon dioxide equivalent (C02e) were evaluated for this review. This is a major modification of a major stationary source for at least one regulated pollutant emitted in excess ofthe PSD significant emission levels. Since there is an increase in PM, PM10, PM2.5, and C02e emissions in excess ofthe significant thresholds, the proposed modification will be subject to the requirements of40 CFR 52.21, Prevention ofSignificantDeterioration (PSD) as adopted under K.A.R. 28-19-350. This project is subject to K.A.R. 28-19-300 (Construction permits and approvals; applicability) because the increase in potential-to-emit ofPM exceeds 25 tons per year and PM 1 oexceeds 15 tons per year. The combined cycle unit (CT+HRSG) is an affected source subject to Title IV ofthe Federal Clean Air Act, Acid Deposition Control. The emergency diesel engine is subject to the requirements of40 CFR 60, Subpart IIII, Standards of Performance for Stationary Compression Ignition (CI) Internal CombustionEngines. An air dispersion modeling impact analysis, an additional impact analysis, and a Best Available Control Technology (BACT) determination were conducted as a part of the construction permit application process.

II. SignificantApplicableAirPollution Control Regulations The following significant Kansas air quality regulations were determinedto be applicable to this source: A. K.A.R. 28-19-11, Exceptions due to breakdown or scheduled maintenance

- as applied to state regulations K.A.R. 28-19-30 through 32 and K.A.R. 28-19-650. B. K.A.R. 28-19-30 through 32, Indirectheating equipment emissions. C. K.A.R. 28-19-275, Special provisions; acid rain deposition. D. K.A.R. 28-19-300, Constructionpermits and approvals; applicability. E. K.A.R. 28-19-350, which adopts by reference 40 CFR 52.21, Prevention of significant deterioration ofair quality. Page 2 of 16F. K.A.R. 28-19-650, Emissions opacitylimits. G. K.A.R. 28-19-720, which adopts by reference 40 CFR Part 60, New Source Performance Standards. H. K.A.R. 28-19-750, which adopts by reference 40 CFR Part 63, National Emission Standards for Hazardous Air Pollutants. I. 40 CFRPart 60, Subpart A, General Provisions. J. 40 CFR Part 60, Subpart IIII, Standards of Performance for Stationary Compression Ignition Internal CombustionEngines. K. 40 CFRPart 63, SubpartA, General Provisions. L. 40 CFR Part 63, Subpart ZZZZ, National Emissions Standards for Hazardous Air Pollutants for StationaryReciprocating Internal CombustionEngines. M. 40 CFRPart 63 Subpart YYYY, National Emission Standards for Hazardous Air Pollutants from Stationary Combustion Turbines. Subpart YYYY, 63.6145 requires initial notification. Owners or operator oflean premix gas-fired stationary combustion turbines or diffusion flame gas-fired turbines must comply with the initial notification requirements set forth in 40 CFR 63.6145 but need not comply with any other requirement of40 CFR Part 63 Subpart YYYY until EPA takes final action to require compliance and publishes a document in the Federal Register. [40 CFR 63.6095(d)] As ofthe date on this application, the EPA has not published such a document in the Federal Register. N. 40 CFRPart 60 Subpart KKKK, Standards ofPerformance for Stationary Gas Turbines, applies to stationary combustion turbines with a heat input at peak load equal to or greater than 10 MMBtu/hr, based on the higher heating value of the fuel, which commenced construction, modification, or reconstruction after February 18, 2005. 0. 40 CFR Part 60 Subpart De, Standards of Performance for Small Industrial CommercialInstitutional Steam Generating Units applies to the auxiliary boiler. Since the auxiliary boiler will fire solely natural gas it is subject to the Reporting and Recordkeeping requirements of40 CFR Part 60, Subpart De [40 CFR 60.48(c)]. P. 40 CFR Part 63 Subpart 40 CFR Part 63 Subpart DDDDD Industrial, Commercial, and Institutional Boilers and Process Heaters (Boiler MACT) apply to the auxiliary boiler. Since the auxiliary boiler will fire solely natural gas it will not be subject to any emissions limits, but rather will be subject to a work practice standard that requires an annual tune-up in lieu of emissionlimits.

Page 3 of 16Q. 40 CFRPart 72 through Part 78, Acid RainProgram (ARP), applies to utility units. Autility unit is defined as a unit owned or operated by a utility that serves a generator in any state that produces electricity for sale. Unit 12, when converted to a combined cycle operation, will continue to be subject to the ARP. The ARP requires various pollutant monitors in addition to possession of S02 allowances for each ton of S02 emitted. The current ARP permit, under which unit 12 currently operates will be modified as the projectis completed.

III. AirEmissionUnit Technical Specifications The following equipment or equivalent is approved. A. Combined cycle combustion unit (CT+HRSG)- Conversion ofone (I) Siemens Westinghouse Model V84.3A(2) simple cycle combustion turbine/generator, known as emission Unit 12, equipped with dry low NOx burners, to a combined cycle operation, burning natural gas. The manufacturer's estimated performance is 250 MW. The combined cycle unit includes a heat recovery steam generator (HRSG) with supplemental natural gas duct firing (duct burners) and a condensing steam turbine generator with SCRand CO catalyst B. One mechanical draft cooling tower with high efficiency drift eliminator to reduce aerosol and particulate emissions from the tower. C. One 750 Kwemergency diesel engine. D. One 18.6 Mm Btu/hr natural gas-fired auxiliary boiler with the capacity to produce 15,000 pounds ofsteam per hour. The auxiliary boiler is designed to operate when the combined cycle unit is in abriefperiod ofshutdown and for startup. E. Two (2) Sulfur Hexafluoride (SF6)- insulated circuitbreakers.

IV. Air Emissions Estimates from the ProposedActivity The air emissions estimates are shownbelow:

Baseline Actual Emissions and ProjectedActual Emissions (tons per year) Units 7 Total ProjectedActual Unit 12 I· Baseline Unit 12 &8 Baseline Actual Emissions PSD Pollutant Baseline Actual (Unit 12 Actual Units 7, 8 Increase Significance Type Actual (before &Unit 12 After Combined Cycle Threshold Project) (before Project) Projectminus Project) Total Baseline) NOx 1120 34 1154 67 -1087 

### 40 Page 4 of 16

## so2 5004 1 5005 12 -4993 

### 40 

## co 90 3 93 60 -33 

### 100 

## voc 10 0.3 10.3 47.3 37 

### 40 Lead 0.5



### -- 0.5 4.lx10-5 -0.5 

### 0.6 SAM 2 0.1 2.1 6.93 4.83 7 HF 25



### -- 25 1.69x10·5 -25 3 PM 91 7 98 132 34 

### 25 PMto 66 7 73 132 59 

### 15 PM2.s 26 7 33 132 99 

### 10 C02e 640,234 123,604 763,838 1,020,590 256,752 

### 75,000

V. AirEmission Limitations A. The BACT emission limitations established in this permit apply to the combined cycle unit (CT+HRSG) at all times, including startup, shutdown and malfunction, except as provided in SectionVII. Performance Testing and Compliance, H. Malfunction, ofthis permit. B. K.A.R. 28-19-650 (a)(3): Opacity ofvisible emissions from all emission units shall not exceed 20 percent. C. Particulate matter emissions from all indirect heating equipment are limited to the amount determinedby the following equation [K.A.R. 28-19-3l(a)]: A = 1.026 II0233 Where: A=the allowable emissionrate in lb I I06Btn I =thetotal heat input ofall boilers in 106 Btu D. The NO, emissions from the combined cycle unit (CT+HRSG) shall meet the applicable emission limits specified in 40 CFR 60.4320(a). NO,emission limits shall not exceed the limits specified in Table 1 to Subpart KKKK ofPart 60-Nitrogen Oxide Emission Limits for New Stationary Combustion Turbines. The NO,emission limit specified in 40 CFR 60.4350(h) is 15 ppm@ 15% 0 2on a 30 unit operating dayrolling average. E. The S02 emissions from the combined cycle unit (CT+HRSG) shall meet the applicable emission limits specified in 40 CFR 60.4330(a) which is 110 Nanogram/joule (0.90 lb/gross MW-hr).

Page 5 of 16F. The BACTPM/PM10/PM2.s emissions shall not exceed: 1. 30.2 lb perhour (front+backhalf) for the combinedcycleunit (CT+ HRSG). 2. 0.005 lb/MMBtufor the auxiliary boiler. 3. 0.15 g/bhp-hr for the diesel engine 4. drift rate of0.0005 percent ofinlet flow for the mechanical draft cooling tower G. TheBACT Greenhouse Gas emissions shall not exceed: 1. Forthe combined cycle combustionturbine and duct burners.

a. C02 emissions are limited to 1,021,770 tons C02/year on a 12-monthrolling basis, andthe following equation (Equation G-4 ofSection2.3 of40 CFRPart 75, Appendix G, RevisedMarch 19, 2012): (Eq. G-4)

Where: Wc02**~** C02emitted from combustion, tons/hr. MW C02**~Molecular** weight ofcarbon dioxide, 44.0 lbllb-mole. F,**~Carbon**based F-factor, 1040 scf/mmBtu for natural gas; 1,420 scf/mmBtu for crude, residual, or distillate oil; and calculated according to the procedures in section 3.3.5 ofappendix F of40 CFR, Part 75 for other gaseous fuels. H**~Hourly** heat iuput in MMBtu, as calculatedusingthe procedures in Section 5 ofAppendix F of40 CFR, Part75.**u,~** 1/385 scfC02/lb-mole at 14.7 psia and 68 °F. b. BACT emissionlimits are required for C02, only, since itis 99.9% ofemissions. 2. Forthe Auxiliaryboiler.

a. C02 emissions are limitedto 9,512 tons C02/year on a 12-monthrolling basis and the following equation: C02 (lb/MMBtu)**~** Efx (2.20462lb/kg) Page 6 of 16Where: Ef=Emission Factor for C02in kg C02/MMBtuusing specified values for natural gas fuel from Table C-1 of40 CFRPart 98, Subpart C, Revised May 31, 2013) b. BACTemissionlimits are required for C02, only, since itis 99.9% ofemissions. 3. Forthe Emergency generator. C02emissions are limitedto 59.3 tons C02/year on a 12-monthrolling basis and the following equation: C02 (lb/MMBtu) =Efx (2.20462lb/kg) Where: Ef=Emission Factor for C02 in lb/MMBtuusing specifiedvalues for Distillate Fuel Oil No.2 from Table C-1 of40 CFR Part 98, Subpart C, Revised May 31, 2013) b. BACT emission limits are required for C02, only, since it is 99.9% ofemissions 4. Sulfurhexafluoride (SF6lElectrical Breakers.

a. Maintain fugitive emissions below 0.5% (by weight) of SF6 with state-of-the-art SF6 circuit breakers with leak detection and implementation of an LDAR program and density monitor alarm setto 4 psi drop. H. Pursuant to 40 CFR 60.4205(b), the owner or operator of the emergency diesel engine, shall comply withthe applicable emission standards. In accordance with 40 CFR 60.4205(b), which references 40CFR 89.112 and 40 CFR 89.113, the emergency diesel engine's NMHC+ NOx emissions shall not exceed 6.4 g!kW-hr (4.8 g/hp-hr), CO emissions shall not exceed 3.5 g/kWhr (2.6 g!hp-hr), and PM emissions shall not exceed 0.2 g/kW-hr (0.15 g/hp-hr) over the life of the engine. The emergency diesel engine shall be certified by the manufacturer to meet these emission limits per 40 CFR 60.4202(a)(2). The owner or operator shall also meet the requirements of40 CFR 60.4206. I. The facility shall comply with applicable requirements of40 CFR Part 63 Subpart ZZZZ (refer to 40 CFR 63.6590(c)). Ifa conflict exists between the federal rule and the permit, requirements ofthe federal rule shall take precedent. J. Applicability of Federal Rule General Provisions. For the emergency diesel engine, 40 CFR 60.4218 identifies the Subpart A requirements that are applicable. Empire shall also comply with Subpart A, as applicable, for Subparts KKKK and De.

Page 7 of 16VI. Permit Conditions A. Startup and shutdown are defined as follows: 1. Startup: The period from when the combined cycle unit (CT+HRSG) is started until reaching 50% ofthe combustion turbine (CT) load. The startup periods will be readily identifiable by the monitoring system. Suchperiods shall not exceed 8hours. 2. Shutdown: Theperiod when the combined cycle unit (CT+HRSG) is shutting down from 50% of combustion turbine (CT) load to 0% of combustion turbine (CT) load. The shutdown periods shall be readily identifiable by the monitoring system. Such periods shall not exceed 2 hours. B. The combined cycle unit (CT+HRSG) shall operate at load conditions between 50% of combustionturbine (CT) load and 100% ofcombinedcycle unit (including HRSG and maximum ductburner firing capacity except during startup and shutdown. C. The combinedcycle unit (CT +HRSG) shall use only natural gas as a fuel. D. Thehigh efficiency drift eliminators for the Mechanical Draft Cooling Tower are an integral part ofthe design and shall function any time the coolingtower is in operation. E. Compliance with the PM/PM10PM25 BACT limit for the Mechanical Draft Cooling Tower shall be demonstrated by maintaining records ofthe vendor-guaranteed drift rate of0.0005 percent of inlet flow. No chromium-based water treatment chemicals shall be used in the circulating water system and thus the requirements of40 CFRPart 63, Subpart Q shall not apply. F. The emergencydiesel engine shall burn only low sulfur diesel fuel oil that is 

### ::S (less than or equal to) 15 ppm sulfur in accordance with40 CFR 60.4207(b). G. Compliance with the PM/PM10/PM2 .5 and C02e BACT limit for the emergency diesel engine is established by the BACT analysis and emissions calculations submitted with the permit application. H. The auxiliaryboiler shall useonlynatural gas as a fuel. I. Compliance with the PM/PM101PM2 5 BACT limit for the auxiliary boiler is established by the BACT analysis and emissions calculations submitted with the permit application. J. Compliance with the C02e BACT limit for the combined cycle unit, including the combustion turbine and duct burners shall be demonstrated with an oxygen (02 ) concentration monitor in accordance with C02 calculations providedin 40 CFRPart 75. Calculations shall consist ofC02 emissions only, which account for 99.9% oftotal C02e emissions. K. Compliance with the PM/PM101PM25 BACT limit for the combined cycle unit shall be demonstratedwith a performance test. Page 8 of 16L. Compliance with the C02e BACT limit for the auxiliary boiler shall be demonstrated by recording fuel usage and using emissions factors from Tables C-1 and C-2 of40 CFR Part 98, Subpart C along with the Global Warming Potential Factors from Table A-1 of40 CFR Part 98, Subpart A (as published in 74 FR 56374 on October 30, 2009) to determine resulting emissions on a monthlybasis. Reports ofexcess emissions shall be submitted semi-annually. M. The SF6 Insulated Circuit Breakers shall continuously use a density (leak detection) alarm system on the SF6 circuit breakers with a threshold of 10 percent. In the event ofan alarm, the owner or operator shall immediately investigate the event and take an necessary corrective action to address any problems. N. Compliance with the C02e BACT limit for the SF6 Insulated Circuit Breakers shall be demonstrated by calculating the annual mass emissions ofSF6 from the electrical breakers using an annual SF6 leakrate of0.5% by weight and the Global Warming Potential Factor for SF6 from Table A-1 of40 CFR Part 98, Subpart A (as published in 74 FR 56374 on October 30, 2009) to determine resulting emissions on a monthlybasis. Reports ofexcess emissions shall be submitted semi-annually. 0. 40 CFRPart 60 SubpartIIII- Requirements for the emergency diesel engine: 1. For the emergency diesel engine, 40 CFR 60.4218 identifies the Subpart A requirements that are applicable. 2. The owner or operator shall comply with applicable diesel fuel requirements of40 CFR 60.4207(b). 3. For the emergency diesel engine, the provisions of 40 CFR 60.4211(£) apply. Maintenance checks andreadiness testing is limited to 100 hours peryear, ofwhich up to 50 hours peryear may be for non-emergency situations. There is no time limit onthe use ofthe emergency diesel engine in emergency situations. 4. The owner or operator shall comply with applicable requirements of 40 CFR Part 60 Subpart IIII. Ifa conflict existsbetweenthe federal rule and the permit, the requirements ofthe federal rule shall take precedence. P. In accordance with 40 CFR Part 63 Subpart 40 CFR Part 63 Subpart DDDDD Industrial, Commercial, and Institutional Boilers and Process Heaters, the auxiliary boiler, firing solely natural gas, is subject to a work practice standard that requires an annual tune-up in lieu of emission limits. 

### Q. Monitoring Requirements for Emergency Diesel Engine

- Ifthe emergency diesel engine does not meet the standards applicable to non-emergency engines, the owner oroperator must install a non-resettable hourmeter priorto startup ofthe engine, as specifiedin 40 CFR 60.4209. R. Empire shall permanently remove Unit 7 and Unit 8 from service when the Unit 12 combined cycle unit (CT+HRSG) begins commercial operation.

Page 9 of 16VII. Performance Testing and Compliance A. Within 60 days after achieving a maximum production rate at which the combined cycle unit (CT+HRSG) will be operated, but not later than 180 days after initial start-up ofthe combined cycle unit, and every 5 years thereafter, the owner or operator shall conduct performance test(s) for PM, PM10, PM2.5 to demonstrate compliance with the applicable conditions and limitations set forth in this permit and furnish KDHE a written report ofthe results of such performance test(s). B. Within 60 days after achieving a maximum production rate at which the combined cycle unit (CT+HRSG) will be operated, but not later than 180 days after initial start-up ofthe combined cycle unit, the owner or operator shall conduct performance test for Sulfuric Acid Mist to demonstrate compliance with the estimated emission rates supplied in the permit application and furnish KDHE awritten report ofthe results ofsuchperformancetest C. In accordance with 40 CFR Part 60, Subpart KKKK, all continuous monitoring systems and monitoring devices required shall be installed and operational prior to conducting performance tests under 40 CFR 60.8. Verification ofoperational status, at a minimum, includes completion ofthe manufacturer's written requirements or recommendations for installation, operation, and calibration ofthe device as required by 40 CFR 60.13. D. In conducting the performance tests required by this permit, the reference test methods and procedures outlined in K.A.R. 28-19-212 and approved by KDHE, shall be used to demonstrate compliance with the limitation and conditions set forth in this permit D. For the emergency diesel engine, the owner or operator must install, configure, operate, and maintain the engine and control device according to the manufacturer's emission-related written instructions. The owner or operatormustnot change emission-related settings in awaythat is not permitted by the manufacturer, or thereafter demonstrate compliance as specified at 40 CFR 60.42ll(g)(3). E. Compliance with NOx emJssJon limits for the combined cycle unit (CT+ HRSG) shall be demonstrated with a NOx continuous emission monitor (CEM) that follows the requirements listed in 40 CFR 60.4340(b). F. The NOx CEM shall be installed, certified, operated, maintained, and quality assured m accordance with40 CFR 60.4345. G. Compliance with S02 emission limits shall be demonstrated in accordance with the requirements in 40 CFR 60.4330 and 40 CFR 60.4360.

Page 10 of 16H. Malfunction: The Owner or Operator must notify KDHE by telephone, facsimile, or electronic mail transmission within two (2) working days following the discovery of any failure of air pollution control equipment, process equipment, or ofthe failure ofany process to operate in a normal manner whichresults in an increase in emission above the allowable emission limit stated in section "V. Air Emission Limitations" ofthis permit, a written notification shall be submitted within ten (10) days ofthe event. The written notification shall include a description ofthe malfunctioning equipment or abnormal operation, the date of the initial malfunction, the period of time over which emissions were increased due to the failure, the cause ofthe failure, the estimated resultant emissions in excess ofthose allowed in "Air Emission Limitations," and the methods utilized to mitigate emissions and restore normal operations. Compliance with this malfunction notification shall not automatically absolve the owner or operator ofliability for the excess emissions resulting from suchevent. The following criteria will be used by KDHE to evaluate whether emissions from a malfunction are excluded in determining compliance withthe emissionrate containedherein: 1. The excess emission were caused by a sudden, unavoidable breakdown oftechnology, beyond the control ofthe owner or operator; 2. The excess emissions did not stem from any activity or event that could have been foreseen and avoided, or planned for, and could not have been avoided by better operation and maintenancepractices; 3. To the maximum extent practicable, the air pollution control equipment or processes were maintained and operated in a manner consistent with good practices for minimizing em!SS!Ons; 4. Repairs were made in an expeditious fashion when the operator knew or should have known that applicable emission limitations were being exceeded. Off-shift labor and overtime must have been utilized, to the extent practicable, to ensure tbat such repairs were made as expeditiously as practicable. 5. The amount and duration ofthe excess emissions (including any bypass) were minimized to the maximum extentpracticable during periods ofsuchemissions; 6. All possible steps were taken to minimize tbe impact ofthe excess emissions on ambient air quality; 7. All emissionmonitoring systems were kept in operationifat all possible; 8. The owner or operator's actions in response to the excess emissions were documented by properly signed, contemporaneous operating logs, orotherrelevant evidence; 9. The excess emissions were notpart ofa recurring pattern indicative ofinadequate design, operation, or maintenance; and 10. The owner or operator properly and promptly notified the appropriate regulatory authority.

Page 11 of 16I. Stack parameters for all equipment listed under Section III, Air Emissions Unit Technical Specifications, which may include, but not limited to stack heights, stack diameters, exhaust temperatures, emission rates, and exit velocities, shall be consistent with data provided for the dispersion modeling analysis. Actual operational conditions shall be consistent with data provided for the dispersion modeling analysis.



### VIII. Recordkeeping A. The owner or operator ofthe combined cycle unit (CT+HRSG) shall maintain records ofthe occurrence and duration of any start-up, shut-down, or malfunction in the operation of the combined cycle unit (CT+HRSG); any malfunction ofthe air pollution control equipment; or any periods during which a continuous monitoring system or monitoring device is inoperative. These requirements are described in 40 CFR 60.7(b). B. As required under 40 CFR 60.7(f), the owner or operator shall maintain a file of all measurements, including continuous monitoring system, monitoring device, and performance testing measurements; all continuous monitoring system performance evaluations; all continuous monitoring system or monitoring device calibration checks; adjustments and maintenance performed on these systems or devices; and all other information required by this part recorded in a permanent form suitable for inspection. The file shall be retained for at least two years following the date of such measurements, maintenance, reports, and records, with certain exceptions specified under 40 CFR 60.7(f). C. Reports of excess emissions shall be submitted semi-annually m accordance with the requirements in 40 CFR 60.7(c). D. Records shallbe kept on site for two (2) years in accordance with40 CFR 60.7(f). E. For the emergency diesel engine, the owner or operator must keep records ofthe emergency and non-emergency operations ofthe engine through anon-resettable hour meter ifit does NOT meet the standards applicable to the non-emergency engines in the applicable model year. The times ofoperation andthe reasons for operation mustbe recorded, as specified in 40 CFR 60.4214(b). F. A record shall be maintained demonstrating that the auxiliary boiler is in compliance with the particulate matter emission rate limit of Section V.C. Air Emission Limitations ofthis permit. After the initial evaluation, the particulate emission rate limitation shall be re-evaluated when eitherthe process changes or anemission factor increases. G. In accordance with 40 CFR 60.7(b), the owner/operator shall keeprecords ofthe occurrence and duration ofany start-up, shutdown ormalfunction in the operation ofthe auxiliary boiler. H. In lieuofthe daily record keeping requirements of40 CFR60.48c(g), the owner or operator shall record and maintain records of the amount of fuel combusted in the auxiliary boiler on a monthly basis. The records ofthe amounts of fuel burned can be maintained in the form of monthly fuel bills or meterreadings, or otherrecords that adequately document fuel usage. Page 12 of16I. In accordance with 40 CFR 60.48c(i), all of the required records shall be maintained by the owner or operator ofthe auxiliary boiler for aperiod oftwo years following the date ofrecord.



### IX. Reporting Reports demonstrating compliance shall be submitted to the KDHE in the same units as stated in the applicable requirements. A. Items required to be reported semi-annually shall be submitted to KDHE and postmarked by the 30th day following the end ofeach calendar half. B. Items required to be reported annually shall be submitted to KDHE and postmarked by the 30th day following the end ofeach calendar year. C. The combined cycle combustion unit (CT+HRSG) excess emissions and monitoring systems performance report and/or a summary report shall be submitted to the KDHE as required by 40 CFR 60.7(c) ona semi-annual basis. The sunnnaryreport form shall containthe information and be in the format as specified in 40 CFR 60.7(d). One summary report form for NOx and one summary report form for the sulfur content ofthe fuel shall be submitted. Written reports of excess emissions shall include the following information: 1. The magnitude ofexcess emissions computed in accordance with 40 CFR 60.13(h), any conversion factor(s) used, the date and time ofcommencement and completion ofeach time period of excess emissions, and the process operating time during the reporting period. 2. Specific identification of each period of excess emissions that occurs during start-ups, shut-downs, and malfunctions, the nature and cause of any malfunction (ifknown), the corrective actiontaken orpreventative measures adopted. 3. The date and time identifying each period during which the continuous monitoring system was inoperative except for zero span checks and the nature ofthe system repairs and adjustments. 4. When no excess emissions have occurred or the continuous monitoring system(s) have not beeninoperative, repaired, or adjusted, suchinformation shall be stated inthe report. D. Reports required under Section IX. Reporting, Item C ofthis permit, periods ofexcess emissions as defined in40 CFR 60.4350 shallbe reported accordingly. E. The compliance demonstration for Section V. Air Emission Limitations, Item D, ofthis permit, shallbe reported on an annual basis.

Page 13 of16F. Ifsignificant changes are made, or modeling parameters are notrepresentative ofsite conditions, the owner or operator shall document compliance with the applicable NAAQS and allowable PSD increment consumption and submit documentation ofcomplianceto KDHE prior to making the change(s). KDHE has final authority in determining what constitutes a significant change. If modeling indicates a potential NAAQS or increment exceedance, then mitigation shall be required.

X. Notification A. The Air Quality Representative in the Southeast District Office shall be notified within 30 days ofwhen installation ofthe equipment is complete so an evaluation may be conducted to verify compliance with applicable regulations. B. K.A.R. 28-19-720 (40 CFR 60.7(a) and 60.8(d) reqmres that written notifications of the following be submitted to KDHE: I. The date construction ofthe combined cycle unit (CT+HRSG), the auxiliary boiler and the emergency diesel generator are commenced. The notification is to be postmarked no less than 30 days after such date. 2. The actual date ofinitial startup ofthe combined cycle unit (CT+HRSG), auxiliary boiler and emergency diesel generator. The notification is to be postmarked within 15 days after such date. 3. The actual date the combined cycle unit (CT+HRSG) enters commercial operation and the date(s) Unit 7 and Unit 8 are removed from serv1ce. The notification is to be postmarked within 15 days after such date(s). 4. The date when the initial performance testing ofthe combined cycle unit (CT+HRSG) is to commence. The notification is to be postmarked no less than 30 days prior to such date. 5. The date upon which demonstration ofthe continuous monitoring system performance commences in accordance with 40 CFR 60.13(c). Notification shall be postmarked no less than 30 days prior to such date. C. Notification ofthe performance test shall include a performance test protocol which includes a description ofthe test and applicable test methods. Notification ofthe date(s) for performance testing shall be submitted to KDHE, postmarked at least 30 days prior to such date(s). Performance testing shall also be coordinated with the KDHE Bureau ofAir, Compliance and Enforcement Section at 785-296-0243 at least 30 days prior to the date(s) ofthe test.

Page 14 of 16D. At the time ofpermit issuance, the turbines are subject to 40 CFR Part 63, Subpart YYYY, however pursuant to 40 CFR 63.6095(d) there has been a stay of standards for gas-fired subcategories. Owners or operator oflean premix gas-fired stationary combustion turbines and diffusion flame gas-fired turbines must comply withthe initial notificationrequirements set forth in 40 CFR 63.6145 but need not comply with any other requirement of40 CFR Part 63 Subpart YYYY until EPA takes final action to require compliance and publishes a document in the Federal Register. [40 CFR 63.6095(d)]

XI. General Provisions A. This document shall become void if construction, installation or modification to convert the existing Riverton 12 simple cycle combustion turbine to a combined cycle unit has not commenced within 18 months of the effective date of this permit, or if the construction, installation or modification to convert the simple cycle combustion turbine to a combined cycle unit is interrupted for aperiod of 18 months or longer. B. A construction permit or approval must be issued by KDHE prior to commencing any construction or modification ofequipment or processes which result in an increase in potentialto-emit equal to or greater than the thresholds specified at K.A.R. 28-19-300. C. Upon presentation ofcredentials and other documents as may be required by law, the permittee shall allow a representative ofthe KDHE (including authorized contractors ofthe KDHE) to: I. enter upon the permittee's premises where a regulated facility or activity is located or conducted or where records mustbe keptunder conditions ofthis document; 2. have access to and copy, at reasonable times, any records that must be kept under conditions ofthis document; 3. inspect at reasonable times, any facilities, equipment (including monitoring and control equipment), practices or operations regulated or required underthis document; and 4. sample or monitor, at reasonable times, for the purposes ofassuring compliance with this document or as otherwise authorized by the Secretary ofthe KDHE, any substances or parameters at any location. D. The emission unit or stationary source which is the subject ofthis document shall be operated in compliance with all applicable requirements ofthe Kansas Air Quality Actandthe Federal Clean Air Act. E. This document is subject to periodic review and amendment as deemed necessary to fulfill the intent and purpose ofthe Kansas Air Quality Statutes and Regulations and rules promulgated in accordance therewith.

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### F. This document does not relieve the permittee ofthe obligationto obtain other approvals, permits, licenses or documents of sanction which may be required by other federal, state or local government agencies. G. Issuance ofthis document does not relieve the owner or operator ofany requirement to obtain an air quality operatingpermit under any applicable provision ofK.A.R. 28-19-500.

PermitEngineer 

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Environmental Engineer Air Permits Section LDL:lv 

### c: SEDO C-10913 Date Signed

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