Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 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:GENON BOWLINE LLC

 140 SAMSONDALE AVE

 WEST HAVERSTRAW, NY 10993

Facility: BOWLINE GENERATING STATION

 140 SAMSONDALE AVE

 WEST HAVERSTRAW, NY 10993

Authorized Activity By Standard Industrial Classification Code:

 4911 - ELECTRIC SERVICES

Permit Effective Date: 06/28/2012 Permit Expiration Date: 06/27/2017
 

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 Air Pollution Control Permit Conditions

Renewal 2 Page 2 FINAL

 PAGE LOCATION OF CONDITIONS

PAGE

 FEDERALLY ENFORCEABLE CONDITIONS

 Facility Level

 8 1 6 NYCRR 200.6: Acceptable Ambient Air Quality

 8 2 6 NYCRR 201-6.5 (a) (7): Fees

 8 3 6 NYCRR 201-6.5 (c): Recordkeeping and reporting of compliance 

 monitoring

 8 4 6 NYCRR 201-6.5 (c) (2): Monitoring, Related Recordkeeping, and 

 Reporting Requirements.

 9 5 6 NYCRR 201-6.5 (c) (3) (ii): Compliance Certification

 11 6 6 NYCRR 201-6.5 (e): Compliance Certification

 12 7 6 NYCRR 202-2.1: Compliance Certification

 13 8 6 NYCRR 202-2.5: Recordkeeping requirements

 13 9 6 NYCRR 215.2: Open Fires - Prohibitions

 14 10 6 NYCRR 200.7: Maintenance of Equipment

 14 11 6 NYCRR 201-1.7: Recycling and Salvage

 15 12 6 NYCRR 201-1.8: Prohibition of Reintroduction of Collected 

 Contaminants to the air

 15 13 6 NYCRR 201-3.2 (a): Exempt Sources - Proof of Eligibility

 15 14 6 NYCRR 201-3.3 (a): Trivial Sources - Proof of Eligibility

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

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

 16 17 6 NYCRR 201-6.5 (d) (5): Standard Requirements - Progress Reports

 16 18 6 NYCRR 201-6.5 (f) (6): Off Permit Changes

 17 19 6 NYCRR 202-1.1: Required Emissions Tests

 17 20 40 CFR Part 68: Accidental release provisions.

 18 21 40CFR 82, Subpart F: Recycling and Emissions Reduction

 18 22 6 NYCRR Subpart 201-6: Emission Unit Definition

 19 23 6 NYCRR 211.1: Air pollution prohibited

 19 24 6 NYCRR 225-1.2 (a) (2): Compliance Certification

 20 25 6 NYCRR 225-1.7 (c): Compliance Certification

 20 26 6 NYCRR 225-1.8 (a): Compliance Certification

 21 27 6 NYCRR 227-1.3 (a): Compliance Certification

 24 28 6 NYCRR 227-1.3 (a): Compliance Certification

 25 29 6 NYCRR 243-1.6 (a): Permit Requirements

 25 30 6 NYCRR 243-1.6 (b): Monitoring requirements

 25 31 6 NYCRR 243-1.6 (c): NOx Ozone Season Emission Requirements

 26 32 6 NYCRR 243-1.6 (d): Excess emission requirements

 27 33 6 NYCRR 243-1.6 (e): Recordkeeping and reporting requirements

 27 34 6 NYCRR 243-2.1: Authorization and responsibilities of CAIR 

 designated representative

 28 35 6 NYCRR 243-2.4: Certificate of representation

 28 36 6 NYCRR 243-8.1: General requirements

 29 37 6 NYCRR 243-8.1: Prohibitions

 30 38 6 NYCRR 243-8.5 (d): Quarterly reports

 30 39 6 NYCRR 243-8.5 (e): Compliance certification

 31 40 6 NYCRR Subpart 244-1: CAIR NOx Annual Trading Program General 

 Conditions

 32 41 6 NYCRR Subpart 244-2: Designated CAIR Representative
 

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 32 42 6 NYCRR Subpart 244-8: Compliance Certification

 34 43 6 NYCRR Subpart 245-1: CAIR SO2 Trading Program General Provisions

 35 44 6 NYCRR Subpart 245-2: Designated CAIR Representative

 36 45 6 NYCRR Subpart 245-8: Compliance Certification

 39 46 6 NYCRR 249.3 (a): Compliance Certification

 40 47 6 NYCRR 249.3 (a): Compliance Certification

 40 48 6 NYCRR 249.3 (a): Compliance Certification

 41 49 6 NYCRR 249.3 (a): Compliance Certification

 42 50 6 NYCRR 249.3 (a): Compliance Certification

 43 51 6 NYCRR 249.3 (a): Compliance Certification

 43 52 40CFR 60.13, NSPS Subpart A: Monitoring requirements.

 44 53 40CFR 72.6(a)(2), Subpart A: Compliance Certification

 44 54 40CFR 75.10(a), Subpart B: Compliance Certification

 Emission Unit Level

 45 55 6 NYCRR Subpart 201-6: Emission Point Definition By Emission Unit

 46 56 6 NYCRR Subpart 201-6: Process Definition By Emission Unit

 48 57 6 NYCRR 249.3 (f): Compliance Certification

 EU=1-00001,EP=00001

 48 58 6 NYCRR 227-1.2 (a) (1): Compliance Certification

 49 59 6 NYCRR 227-1.4 (b): Compliance Certification

 EU=1-00002,EP=00002

 50 60 6 NYCRR 227-1.2 (a) (1): Compliance Certification

 50 61 6 NYCRR 227-1.4 (b): Compliance Certification

 STATE ONLY ENFORCEABLE CONDITIONS

 Facility Level

 52 62 ECL 19-0301: Contaminant List

 53 63 6 NYCRR 201-1.4: Unavoidable noncompliance and violations

 54 64 6 NYCRR 211.2: Visible Emissions Limited

 54 65 6 NYCRR 227-2.5: Compliance Demonstration
 

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 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.

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 
 

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 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.

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 
 

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 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 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.
 

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 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 (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.
 

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

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Condition 1: Acceptable Ambient Air Quality

 Effective between the dates of 06/28/2012 and 06/27/2017

 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 06/28/2012 and 06/27/2017

 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 06/28/2012 and 06/27/2017

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

Item 3.1:

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

reports:

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

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

(iii)The company or entity 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 06/28/2012 and 06/27/2017
 

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 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 06/28/2012 and 06/27/2017

 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 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 
 

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 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 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
 

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

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Renewal 2 Page 11 FINAL

 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 7/30/2012.

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

Condition 6: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

 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. 
 

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 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 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 1/30/2013.

Subsequent reports are due on the same day each year

Condition 7: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

 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 
 

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 year for emissions of the previous calendar year.

Monitoring Frequency: ANNUALLY

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due by April 15th for previous calendar year

Condition 8: Recordkeeping requirements

 Effective between the dates of 06/28/2012 and 06/27/2017

 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 06/28/2012 and 06/27/2017

 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.
 

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

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

religious ceremony.

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

police or other public safety organization.

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

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

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

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

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

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

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

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

(k) Individual open fires as approved by the Director of the Division of Air Resources as may 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 06/28/2012 and 06/27/2017

 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 06/28/2012 and 06/27/2017

 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
 

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ECL.

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

 Effective between the dates of 06/28/2012 and 06/27/2017

 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 06/28/2012 and 06/27/2017

 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 06/28/2012 and 06/27/2017

 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 06/28/2012 and 06/27/2017

 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
 

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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.

Condition 16: General Condition - Right to Inspect

 Effective between the dates of 06/28/2012 and 06/27/2017

 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 06/28/2012 and 06/27/2017

 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 06/28/2012 and 06/27/2017

 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,
 

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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

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 06/28/2012 and 06/27/2017

 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 06/28/2012 and 06/27/2017

 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
 

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Carrollton, Md. 20785

Condition 21: Recycling and Emissions Reduction

 Effective between the dates of 06/28/2012 and 06/27/2017

 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: Emission Unit Definition

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 22.1:

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

 Emission Unit: 1-00001 

 Emission Unit Description: 

 BOILER NO. 1 - A COMBUSTION ENGINEERING 

 TANGENTIALLY-FIRED BOILER WITH A MAXIMUM HEAT INPUT OF 

 5546 MMBTU/HR. THIS UNIT CAN FIRE NATURAL GAS OR NO. 6 

 FUEL OIL (0.37% MAXIMUM SULFUR CONTENT). THIS EMISSION

 UNIT ALONG WITH BOILER NO. 2 EMPLOYS SYSTEM-WIDE 

 AVERAGING FOR THE DETERMINATION AND REPORTING OF NOx 

 EMISSIONS. 

 Building(s): BLD01

Item 22.2:

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

 Emission Unit: 1-00002 

 Emission Unit Description: 

 BOILER NO. 2 - A BABCOCK & WILCOX OPPOSED WALL-FIRED 

 BOILER WITH A MAXIMUM HEAT INPUT OF 5,374 MMBTU/HR. 

 THIS UNIT CAN FIRE NATURAL GAS OR NO. 6 FUEL OIL (0.37%

 MAX SULFUR CONTENT). THIS EMISSION UNIT ALONG WITH 

 BOILER NO. 1 EMPLOYS SYSTEM-WIDE AVERAGING FOR THE 

 DETERM INATION AND REPORTING OF NOx EMISSIONS. 

 Building(s): BLD01

Item 22.3:

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

 Emission Unit: 1-WAWTP 
 

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 Emission Unit Description: 

 WASTEWATER TREATMENT PLANT OPERATES TO TREAT RUNOFF 

 FROM PLANT DRAINS. THE PLANT USES ACID AND CAUSTIC TO 

 MODIFY THE PH OF THE WATER AND FERROUS SULFATE TO 

 PRECIPITATE SOLIDS INCLUDING METALS. CLEAN WATER IS 

 DISCHARGED TO THE HUDSON RIVER. OPERATIONS ARE 

 MONITORED THROUGH CONDITIONS WITHIN THE EXISTING SPDES 

 PERMIT NO. 3-3922-3-3. FUGITIVE EMISSIONS WERE 

 DETERMINED FOR OUTFALL 001 WHICH IS THE DISCHARGE POINT

 FOR THE WASTEWATER TREATMENT PLANT. OTHER DISCHARGE 

 POINTS MUST MONITOR FOR OIL AND GREASE CONTENT, BUT VOC

 EMISSIONS ARE EXPECTED TO BE NEGLIGIBLE.

 Building(s): WWTP

Condition 23: Air pollution prohibited

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR 211.1

Item 23.1:

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 24: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR 225-1.2 (a) (2)

Item 24.1:

The Compliance Certification activity will be performed for the Facility.

Item 24.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC OPERATIONS

Monitoring Description: 

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

 fuel oil which has a sulfur content greater than the limit presented 

 below. A log of the sulfur content in oil per delivery must be 

 maintained on site for a minimum of five years after the date of the 

 last entry.

Work Practice Type: PARAMETER OF PROCESS MATERIAL

Process Material: RESIDUAL FUEL (#4, #5 AND/OR #6 FUEL OIL)

Parameter Monitored: SULFUR CONTENT

Upper Permit Limit: 0.37 percent by weight
 

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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 (ANNIVERSARY)

 Initial Report Due: 01/26/2013 for the period 06/28/2012 through 12/27/2012

Condition 25: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR 225-1.7 (c)

Item 25.1:

The Compliance Certification activity will be performed for the Facility.

Item 25.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Part 225-1.7(c) requires that measurements must be made daily of the 

 rate of each fuel burned. Also, the facility must measure the gross 

 heat content and ash content of each fuel burned (determined at least 

 once per week), and the average electrical output (daily) and hourly 

 generation rate. This information must be retained by the source 

 owner for a period of three years.

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 7/30/2012.

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

Condition 26: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

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

Item 26.1:

The Compliance Certification activity will be performed for the Facility.

Item 26.2:

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 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.
 

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Monitoring Frequency: PER DELIVERY

Averaging Method: ANNUAL TOTAL ROLLED DAILY

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2013.

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

Condition 27: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

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

Item 27.1:

The Compliance Certification activity will be performed for the Facility.

Item 27.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 1. Objective

 The purpose of this condition is to identify essential elements of the

 Opacity Reduction Program. 

 2. Opacity Monitors

 Respondent's opacity monitors shall be operated and maintained in 

 accordance with the requirements of 40 CFR Part 75, the manufacturer's

 recommendations and Respondent's QA/QC program.

 3. Opacity Incident Reporting

 Respondent shall prepare an Opacity Incident Report (OIR) for each 

 excess opacity event (refer to Respondents's Opacity Compliance 

 Programs for each station). An excess opacity emissions event 

 consists of one or more six minute periods in which the average 

 opacity exceeds 20%, which are caused by the same 

 circumstance.

 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 proposed preventive measures. The OIRs will be 

 maintained for a period of five years and shall be made available to 

 DEC on demand.

 Respondent shall submit written reports of excess emissions for each 

 calendar quarter with the nature and cause of the emissions in 

 accordance with 6NYCRR §227-1.4. Such reports shall include a summary

 page providing: the total number of reported exceedances; the total 

 number of unexcused exceedances; monitor down time expressed as a 
 

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 percentage of operating time; and compliance rates, based on both 

 total reported and unexcused exceedances, expressed (to the hundredth)

 as a percentage of operating time.

 4. Quality Assurance Program

 Respondent 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 OIR and required notifications have 

 been made. A quarterly opacity report shall be submitted to NYSDEC 

 for review and approval. The reports shall include a tabulation of 

 all opacity exceedances, except for those excluded under 6NYCRR Part 

 227. It shall also identify the causes of the events (non-exempt 

 exceedance, or startup, shutdown, off line maintenance, equipment 

 malfunction). The reports shall be revised to include a tabulation of

 opacity monitor downtime (except zero and span checks) and missing 

 data.

 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.

 5. Awareness, Communications and Training

 Opacity awareness shall be promoted within Respondent's Electric 

 Production Division by developing opacity awareness training for plant

 operators and maintenance personnel and supervisors at the station 

 level.

 The opacity awareness training shall include a review of opacity 

 regulations and monitoring requirements, a discussion of opacity 

 monitoring equipment, an explanation of the source of opacity and the 

 impact of changes to plant equipment and operating parameters upon 

 opacity, and a discussion of correction actions to be taken when 

 excessive opacity levels occur.

 Respondent's executive management shall be informed of opacity 

 performance on a quarterly basis.

 6. Preventive Maintenance

 Respondent shall implement a preventive maintenance program for the 

 CEMs, which shall include daily, quarterly and bi-annual maintenance 

 activities. The quarterly and bi-annual activities shall be 

 documented on preventive maintenance checklists, which shall be 

 maintained on-site for five years.
 

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 Corrective maintenance activities shall be performed as needed. All 

 corrective maintenance activities shall be documented on Corrective 

 Action Sheets. These sheets shall be maintained on-site for five 

 years.

 The preventive maintenance program shall include the following daily, 

 weekly and scheduled outage activities:

 BOWLINE POINT

 Daily Activities (when burning no. 6 oil)

 Check fuel oil and steam gauges

 Check auxiliary air and fuel air damper operations

 Perform fuel oil viscosity readings as needed during oil burning 

 operation

 Inspect burner tilts (Unit 1 only)

 Soot blower PM

 Weekly Activities (when burning no. 6 oil

 Oil gun tip inspection

 Oil gun disassemble and repair as needed 

 Inspect fuel oil piping and heat tracing

 Inspect condition of fuel oil and steam hoses

 Scheduled Outage Activities

 Inspection and calibration of:

 Fuel oil flow transmitter

 Fuel oil pressure transmitter

 Fuel gas pressure transmitter

 Air flow transmitter

 

 7. Root Cause Analysis and Corrective Actions

 Respondent shall identify deficiencies which cause opacity exceedances

 by means of root cause analysis. At the beginning of each calendar 

 year, the prior year's opacity OIRs shall be reviewed to identify and 

 consistent patterns for opacity exceedances. Patterns that are found 

 shall be investigated and corrective actions (e.g. revised maintenance

 procedures, equipment upgrades, and personnel refresher training for 

 opacity awareness) shall be developed. These shall be summarized in a

 report to Respondent's management by March 31st of each year. These 

 reports shall be maintained for a period of 5 (five) years and shall 

 be made available to DEC upon request.

 

 

 
 

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Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2013.

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

Condition 28: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

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

Item 28.1:

The Compliance Certification activity will be performed for the facility:

The Compliance Certification applies to:

 Emission Unit: 1-00001 Emission Point: 00001

 Emission Unit: 1-00002 Emission Point: 00002

Item 28.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: MONITORING OF PROCESS OR CONTROL DEVICE 

 PARAMETERS AS SURROGATE

Monitoring Description: 

 No person shall operate a stationary combustion installation which 

 exhibits greater than 20 percent opacity (six minute average), except 

 for one 6 minute period per hour of not more than 27 percent opacity. 

 The Department reserves the right to perform or require the 

 performance of a Method 9 opacity evaluation at any time during 

 facility operation.

 The permittee will conduct observations of visible emissions from the 

 emission unit, process, etc. to which this condition applies at the 

 monitoring frequency stated below while the process is in operation. 

 The permittee will investigate, in a timely manner, any instance where

 there is cause to believe that visible emissions have the potential to

 exceed the opacity standard. 

 The permittee shall investigate the cause, make any necessary 

 corrections, and verify that the excess visible emissions problem has 

 been corrected. If visible emissions with the potential to exceed the

 standard continue, the permittee will conduct a Method 9 assessment 

 within the next operating day of the sources associated with the 

 potential noncompliance to determine the degree of opacity and will 

 notify the NYSDEC if the Method 9 test indicates that the opacity 

 standard is not met.
 

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 Records of visible emissions observations (or any follow-up Method 9 

 tests), investigations and corrective actions will be kept on-site. 

 Should the Department determine that permittee's record keeping format

 is inadequate to demonstrate compliance with this condition, it shall 

 provide written notice to the permittee stating the inadequacies, and 

 permittee shall have 90 days to revise its prospective record keeping 

 format in a manner acceptable to the Department.

Parameter Monitored: OPACITY

Upper Permit Limit: 20 percent

Reference Test Method: EPA approved

Monitoring Frequency: CONTINUOUS

Averaging Method: 6-MINUTE AVERAGE (METHOD 9)

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Condition 29: Permit Requirements

 Effective between the dates of 06/28/2012 and 06/27/2017

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

Item 29.1:

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 30: Monitoring requirements

 Effective between the dates of 06/28/2012 and 06/27/2017

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

Item 30.1:

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.

Condition 31: NOx Ozone Season Emission Requirements

 Effective between the dates of 06/28/2012 and 06/27/2017

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

Item 31.1:

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
 

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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 32: Excess emission requirements

 Effective between the dates of 06/28/2012 and 06/27/2017

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

Item 32.1:

If a CAIR NOx Ozone Season source emits nitrogen oxides during any control period in excess

of the CAIR NOx Ozone Season emissions limitation, then:

(1) the owners and operators of the source and each CAIR NOx Ozone Season unit at the source

shall surrender the CAIR NOx Ozone Season allowances required for deduction under section

243-6.5(d)(1) and pay any fine, penalty, or assessment or comply with any other remedy

imposed, for the same violations, under the Act or applicable State law; and

(2) each ton of such excess emissions and each day of such control period shall constitute a

separate violation of this Subpart, the Act, and applicable State law.

Condition 33: Recordkeeping and reporting requirements
 

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 Effective between the dates of 06/28/2012 and 06/27/2017

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

Item 33.1:

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 34: Authorization and responsibilities of CAIR designated representative

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR 243-2.1

Item 34.1:

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

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
 

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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 35: Certificate of representation

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR 243-2.4

Item 35.1:

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 36: General requirements

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR 243-8.1

Item 36.1:

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

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
 

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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 37: Prohibitions

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR 243-8.1

Item 37.1:

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

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 38: Quarterly reports
 

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 Effective between the dates of 06/28/2012 and 06/27/2017

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

Item 38.1:

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 39: Compliance certification

 Effective between the dates of 06/28/2012 and 06/27/2017

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

Item 39.1:

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:

(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
 

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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 40: CAIR NOx Annual Trading Program General Conditions

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR Subpart 244-1

Item 40.1:

1) As of midnight of March 1, or midnight of the first business day thereafter if March 1 is not a

business day, 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

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.
 

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 (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 41: Designated CAIR Representative

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR Subpart 244-2

Item 41.1:

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 42: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR Subpart 244-8

Item 42.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

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

Item 42.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES
 

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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 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 
 

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 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)

 

Monitoring Frequency: CONTINUOUS

Averaging Method: ANNUAL TOTAL

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Condition 43: CAIR SO2 Trading Program General Provisions

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR Subpart 245-1

Item 43.1:

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
 

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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.

 (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 44: Designated CAIR Representative

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR Subpart 245-2

Item 44.1:

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
 

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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 45: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR Subpart 245-8

Item 45.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 45.2:

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)]
 

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 (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 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)]
 

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 Air Pollution Control Permit Conditions

Renewal 2 Page 38 FINAL

 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 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 
 

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 Air Pollution Control Permit Conditions

Renewal 2 Page 39 FINAL

 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 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 7/30/2012.

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

Condition 46: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 46.1:

The Compliance Certification activity will be performed for the facility:

The Compliance Certification applies to:

 Emission Unit: 1-00001

 Process: 1OL

 Emission Unit: 1-00002

 Process: 2OL

 Regulated Contaminant(s):

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

Item 46.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 Effective July 1, 2014

 Bowline Units 1 and 2 shall comply with an emission limit of 0.25 

 pounds/MMBTU while such units are fired with oil, as measured on a 24 

 hour calendar day average during ozone season.

Manufacturer Name/Model Number: NOx Analyzer

Upper Permit Limit: 0.25 pounds per million Btus

Reference Test Method: EPA Approved

Monitoring Frequency: CONTINUOUS

Averaging Method: 24 HOUR BLOCK AVERAGE
 

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 Air Pollution Control Permit Conditions

Renewal 2 Page 40 FINAL

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Condition 47: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 47.1:

The Compliance Certification activity will be performed for the facility:

The Compliance Certification applies to:

 Emission Unit: 1-00001

 Process: 1GS

 Emission Unit: 1-00002

 Process: 2GS

 Regulated Contaminant(s):

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

Item 47.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 Effective July 1, 2014

 Bowline Units 1 and 2 shall comply with an emission limit of 0.15 

 pounds/MMBTU while such units are fired with natural gas, as measured 

 on a 30 day rolling average during non ozone season.

Manufacturer Name/Model Number: NOx Analyzer

Upper Permit Limit: 0.15 pounds per million Btus

Reference Test Method: EPA Approved

Monitoring Frequency: CONTINUOUS

Averaging Method: 30-DAY ROLLING AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Condition 48: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 48.1:

The Compliance Certification activity will be performed for the facility:

The Compliance Certification applies to:
 

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 Air Pollution Control Permit Conditions

Renewal 2 Page 41 FINAL

 Emission Unit: 1-00001

 Process: 1GS

 Emission Unit: 1-00002

 Process: 2GS

 Regulated Contaminant(s):

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

Item 48.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 Effective July 1, 2014

 Bowline Units 1 and 2 shall comply with an emission limit of 0.15 

 pounds/MMBTU while such units are fired with natural gas, as measured 

 on a 24 hour calendar day average during ozone season.

Manufacturer Name/Model Number: NOx Analyzer

Upper Permit Limit: 0.15 pounds per million Btus

Reference Test Method: EPA Approved

Monitoring Frequency: CONTINUOUS

Averaging Method: 24 HOUR BLOCK AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Condition 49: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 49.1:

The Compliance Certification activity will be performed for the facility:

The Compliance Certification applies to:

 Emission Unit: 1-00001

 Process: 1OL

 Emission Unit: 1-00002

 Process: 2OL

 Regulated Contaminant(s):

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

Item 49.2:

Compliance Certification shall include the following monitoring:
 

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 Air Pollution Control Permit Conditions

Renewal 2 Page 42 FINAL

Monitoring Type: CONTINUOUS EMISSION MONITORING (CEM)

Monitoring Description: 

 Effective July 1, 2014

 Bowline Units 1 and 2 shall comply with an emission limit of 0.25 

 pounds/MMBTU while such units are fired with oil, as measured on a 30 

 day rolling average during non ozone season.

Manufacturer Name/Model Number: NOx Analyzer

Upper Permit Limit: 0.25 pounds per million Btus

Reference Test Method: EPA Approved

Monitoring Frequency: CONTINUOUS

Averaging Method: 30-DAY ROLLING AVERAGE

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Condition 50: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 50.1:

The Compliance Certification activity will be performed for the facility:

The Compliance Certification applies to:

 Emission Unit: 1-00001

 Process: 1OL

 Emission Unit: 1-00002

 Process: 2OL

 Regulated Contaminant(s):

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

Item 50.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC OPERATIONS

Monitoring Description: 

 Beginning July 1, 2014 GenOn shall limit oil firing to no more than 

 4.6 million barrels during the non-ozone season (October 1 through 

 April 30)

Work Practice Type: PROCESS MATERIAL THRUPUT

Process Material: FUEL OIL

Upper Permit Limit: 460 1000 barrels

Monitoring Frequency: CONTINUOUS

Averaging Method: MAXIMUM - NOT TO EXCEED STATED VALUE - SEE 

 MONITORING DESCRIPTION

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)
 

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 Air Pollution Control Permit Conditions

Renewal 2 Page 43 FINAL

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Condition 51: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR 249.3 (a)

Item 51.1:

The Compliance Certification activity will be performed for the facility:

The Compliance Certification applies to:

 Emission Unit: 1-00001

 Process: 1OL

 Emission Unit: 1-00002

 Process: 2OL

 Regulated Contaminant(s):

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

Item 51.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC OPERATIONS

Monitoring Description: 

 Beginning July 1, 2014 GenOn shall limit oil firing to no more than 

 3.1 million barrels during the ozone season (May 1 through September 

 30)

Work Practice Type: PROCESS MATERIAL THRUPUT

Process Material: FUEL OIL

Upper Permit Limit: 310 1000 barrels

Monitoring Frequency: CONTINUOUS

Averaging Method: MAXIMUM - NOT TO EXCEED STATED VALUE - SEE 

 MONITORING DESCRIPTION

Reporting Requirements: SEMI-ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Condition 52: Monitoring requirements.

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:40CFR 60.13, NSPS Subpart A

Item 52.1:

All continuous monitoring systems and devices shall be installed, calibrated, maintained, and

operated in accordance with the requirements of section 60.13.

Condition 53: Compliance Certification
 

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 Air Pollution Control Permit Conditions

Renewal 2 Page 44 FINAL

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:40CFR 72.6(a)(2), Subpart A

Item 53.1:

The Compliance Certification activity will be performed for the Facility.

 Regulated Contaminant(s):

 CAS No: 007446-09-5 SULFUR DIOXIDE

Item 53.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Bowline Unit 1 (5,546 mmBTU/hr) and Unit 2 (5,374 mmBTU/hr) are 

 affected units subject to the Acid Rain Program under Title IV of the 

 Federal Clean Air Act. For affected units, the facility must 

 continuously monitor, maintain and certify monitoring systems for 

 opacity, SO2 emissions, NOx emissions, SO2 removal (if applicable), 

 CO2 emissions and volumetric flow rate in accordance with the 

 requirements of 40CFR Part 75. The attached Acid Rain permit is 

 incorporated into this Title V permit.

Monitoring Frequency: CONTINUOUS

Reporting Requirements: ANNUALLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 1/30/2013.

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

Condition 54: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

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

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 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; 
 

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 Air Pollution Control Permit Conditions

Renewal 2 Page 45 FINAL

 (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.

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

 ** ** Emission Unit Level  

Condition 55: Emission Point Definition By Emission Unit

 Effective between the dates of 06/28/2012 and 06/27/2017

 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: 1-00001

 Emission Point: 00001 

 Height (ft.): 286 Diameter (in.): 225

 NYTMN (km.): 4562.048 NYTME (km.): 586.694

Item 55.2:

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

 Emission Unit: 1-00002

 Emission Point: 00002 
 

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 Air Pollution Control Permit Conditions

Renewal 2 Page 46 FINAL

 Height (ft.): 286 Diameter (in.): 225

 NYTMN (km.): 4562.136 NYTME (km.): 586.679

Condition 56: Process Definition By Emission Unit

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR Subpart 201-6

Item 56.1:

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

 Emission Unit: 1-00001

 Process: 1GS Source Classification Code: 1-01-006-04

 Process Description: 

 A NATURAL GAS-FIRED STATIONARY COMBUSTION UNIT RATED 

 AT 5546 MMBTU/HR WITH 20 BURNERS AND QUADRUPLE NOZZLE 

 COMBUSTION. UNIT OPERATED TO PRODUCE ELECTRICITY. 

 OFF-STOICHIOMETRIC FIRING IS USED FOR NOx CONTROL.

 Emission Source/Control: 00UN1 - Combustion 

 Design Capacity: 5,546 million Btu per hour

Item 56.2:

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

 Emission Unit: 1-00001

 Process: 1OL Source Classification Code: 1-01-004-04

 Process Description: 

 A TANGENTIALLY NO. 6 OIL-FIRED STATIONARY COMBUSTION 

 UNIT RATED AT 5546 MMBTU/HR WITH 20 BURNERS. UNIT 

 OPERATED TO PRODUCE ELECTRICITY. OFF-STOICHIOMETRIC 

 FIRING IS USED FOR NOx CONTROL. 

 Emission Source/Control: 00UN1 - Combustion 

 Design Capacity: 5,546 million Btu per hour

Item 56.3:

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

 Emission Unit: 1-00001

 Process: 1WL Source Classification Code: 1-01-013-02

 Process Description: 

 A TANGENTIALLY-FIRED STATIONARY COMBUSTION UNIT RATED 

 AT 5546 MMBTU/HR WITH 20 BURNERS. UNIT OPERATED TO 

 PRODUCE ELECTRICITY. OFF-STOICHIOMETRIC FIRING IS USED

 FOR NOx CONTROL. THIS EMISSIONS UNIT ALSO FIRES 

 ON-SITE GENERATED WASTE OIL.

 Emission Source/Control: 00UN1 - Combustion 

 Design Capacity: 5,546 million Btu per hour

Item 56.4:
 

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 Air Pollution Control Permit Conditions

Renewal 2 Page 47 FINAL

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

 Emission Unit: 1-00002

 Process: 2GS Source Classification Code: 1-01-006-04

 Process Description: 

 A BABCOCK & WILCOX OPPOSED WALL-FIRED BOILER FIRES 

 NATURAL GAS AND HAS A MAXIMUM FIRING RATE OF 5347 

 MMBTU/HR WITH 32 BURNERS. THIS UNIT PROVIDES STEAM TO 

 GENERATE ELECTRICITY. THIS UNIT USES 

 OFF-STOICHIOMETRIC FIRING, OVERFIRE AIR, AND WINDBOX 

 FLUE GAS RECIRCULATION TO CONTROL NOx.

 Emission Source/Control: 00UN2 - Combustion 

 Design Capacity: 5,374 million Btu per hour

Item 56.5:

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

 Emission Unit: 1-00002

 Process: 2OL Source Classification Code: 1-01-004-04

 Process Description: 

 A BABCOCK & WILCOX OPPOSED WALL-FIRED BOILER FIRES NO.

 6 FUEL OIL AND HAS A MAXIMUM FIRING RATE OF 5347 

 MMBTU/HR WITH 32 BURNERS. THIS UNIT PROVIDES STEAM TO 

 GENERATE ELECTRICITY. THIS UNIT USES 

 OFF-STOICHIOMETRIC FIRING, OVERFIRE AIR, AND WINDBOX 

 FLUE GAS RECIRCULATION FOR NOx CONTROL.

 Emission Source/Control: 00UN2 - Combustion 

 Design Capacity: 5,374 million Btu per hour

Item 56.6:

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

 Emission Unit: 1-00002

 Process: 2WL Source Classification Code: 1-01-013-02

 Process Description: 

 This Babcock and Wilcox opposed wall-fired boiler has a maximum 

 firing rate of 5,374 mmBTU/hr and has 32 burners. This unit uses 

 off-stoichiometric firing, overfire air and windbox flue gas 

 recirculation for NOx control. This emission unit also fires on-site 

 generated waste oil.

 Emission Source/Control: 00UN2 - Combustion 

 Design Capacity: 5,374 million Btu per hour

Item 56.7:

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

 Emission Unit: 1-WAWTP

 Process: W01 Source Classification Code: 5-01-007-69
 

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 Air Pollution Control Permit Conditions

Renewal 2 Page 48 FINAL

 Process Description: OUTFALL 001F OF THE WASTEWATER TREATMENT PLANT.

 Emission Source/Control: WAWTP - Process 

Condition 57: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable Federal Requirement:6 NYCRR 249.3 (f)

Item 57.1:

The Compliance Certification activity will be performed for the facility:

The Compliance Certification applies to:

 Emission Unit: 1-00001

 Emission Unit: 1-00002

Item 57.2:

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 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: AS REQUIRED - SEE MONITORING DESCRIPTION

Condition 58: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

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

Item 58.1:

The Compliance Certification activity will be performed for:

 Emission Unit: 1-00001 Emission Point: 00001

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 58.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 
 

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 Air Pollution Control Permit Conditions

Renewal 2 Page 49 FINAL

 Particulate emission limit for singular boilers or multiple boilers 

 ducted through a common stack, which fire liquid fuels, and that have 

 a heat capacity exceeding 250 mmBtu/hr.

Parameter Monitored: PARTICULATES

Upper Permit Limit: 0.10 pounds per million Btus

Reference Test Method: Method 5

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY

Condition 59: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

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

Item 59.1:

The Compliance Certification activity will be performed for:

 Emission Unit: 1-00001 Emission Point: 00001

Item 59.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner or operator of a stationary combustion installation which 

 utilizes a continuous opacity monitoring system (COMS) shall include 

 the following in their quarterly excess emission reports:

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

 2) For each period of excess emissions, specific identification of the

 cause and corrective action taken;

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

 corrective action for each period of downtime;

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

 period;

 5) The total number of exceedences and the duration of exceedences 

 expressed as a percentage of the total time in which the COMS are 

 required to record data; and

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

 order to enforce Article 19 of the Environmental Conservation Law 

 (ECL).

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.
 

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 Air Pollution Control Permit Conditions

Renewal 2 Page 50 FINAL

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

Condition 60: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

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

Item 60.1:

The Compliance Certification activity will be performed for:

 Emission Unit: 1-00002 Emission Point: 00002

 Regulated Contaminant(s):

 CAS No: 0NY075-00-0 PARTICULATES

Item 60.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: INTERMITTENT EMISSION TESTING

Monitoring Description: 

 Particulate emission limit for singular boilers or multiple boilers 

 ducted through a common stack, which fire liquid fuels, and that have 

 a heat capacity exceeding 250 mmBtu/hr.

Parameter Monitored: PARTICULATES

Upper Permit Limit: 0.10 pounds per million Btus

Reference Test Method: Method 5

Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING DESCRIPTION

Averaging Method: 1-HOUR AVERAGE

Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY

Condition 61: Compliance Certification

 Effective between the dates of 06/28/2012 and 06/27/2017

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

Item 61.1:

The Compliance Certification activity will be performed for:

 Emission Unit: 1-00002 Emission Point: 00002

Item 61.2:

Compliance Certification shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 The owner or operator of a stationary combustion installation which 

 utilizes a continuous opacity monitoring system (COMS) shall include 

 the following in their quarterly excess emission reports:

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

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 Air Pollution Control Permit Conditions

Renewal 2 Page 51 FINAL

 2) For each period of excess emissions, specific identification of the

 cause and corrective action taken;

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

 corrective action for each period of downtime;

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

 period;

 5) The total number of exceedences and the duration of exceedences 

 expressed as a percentage of the total time in which the COMS are 

 required to record data; and

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

 order to enforce Article 19 of the Environmental Conservation Law 

 (ECL).

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 Air Pollution Control Permit Conditions

Renewal 2 Page 52 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 62: Contaminant List

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable State Requirement:ECL 19-0301

Item 62.1:

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

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

 CAS No: 007446-09-5

 Name: SULFUR DIOXIDE

 CAS No: 0NY075-00-0

 Name: PARTICULATES

 CAS No: 0NY210-00-0
 

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 Air Pollution Control Permit Conditions

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 Name: OXIDES OF NITROGEN

Condition 63: Unavoidable noncompliance and violations

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable State Requirement:6 NYCRR 201-1.4

Item 63.1:

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

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
 

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 Air Pollution Control Permit Conditions

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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 64: Visible Emissions Limited

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable State Requirement:6 NYCRR 211.2

Item 64.1:

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 65: Compliance Demonstration

 Effective between the dates of 06/28/2012 and 06/27/2017

 Applicable State Requirement:6 NYCRR 227-2.5

Item 65.1:

The Compliance Demonstration activity will be performed for the Facility.

 Regulated Contaminant(s):

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

Item 65.2:

Compliance Demonstration shall include the following monitoring:

Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES

Monitoring Description: 

 Facility will comply with the NOx RACT Limit through a system wide 

 average. The following emission units are included in the averaging 

 plan: Bowline 1 and 2. During the summer period, from May 1 through

 September 30, the system wide average emission limit will be 

 calculated on a 24 hour weighted average of all generating units. 

 System wide average emission limit during the winter period October 1 

 through April 30 will be calculated on the basis of a weighted 30 day 

 rolling average of the daily emissions of all units.

 By July 1, 2014 average emissions from Bowline Units 1 and 2 shall 

 comply with an emission limit of 0.15 pounds per million british 

 thermal units (#/MMBtu) while such units are fired with natural 

 gas.

 By July 1, 2014 average emissions from Bowline Units 1 and 2 shall 

 comply with 0.25 #/MMBtu while such units are fired with oil.

 

 The system NOx emission limit will depend upon the specified 

 regulatory emission limit and the relative contribution to the total 

 system heat input of each equipment type.
 

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

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Reference Test Method: CEM

Monitoring Frequency: CONTINUOUS

Averaging Method: AVERAGING METHOD - SEE MONITORING DESCRIPTION

Reporting Requirements: QUARTERLY (CALENDAR)

Reports due 30 days after the reporting period.

The initial report is due 7/30/2012.

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

Permit ID: 3-3922-00003/00008 Facility DEC ID: 3392200003

 Air Pollution Control Permit Conditions

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