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HomeMy WebLinkAboutAQ_F_0400050_20120411_PRMT_Permit . I-.. A NCDENR North Carolina Department of Environment and Natural Resources Division of Air Quality Beverly Eaves Perdue Sheila C. Holman Dee Freeman Governor Director Secretary April 11, 2012 Mr. Terrence W. Ryan Vice President,Asset Management North Carolina Electric Membership Corporation -Anson Plant 749 Blewett Falls Road Lilesville, North Carolina 28091 SUBJECT: Air Quality Permit No.09492T06 Facility ID: 0400050 North Carolina Electric Membership Corporation-Anson Plant Lilesville,North Carolina Anson County Fee Class: Title V Dear Mr.Ryan: In accordance with your completed Air Quality Permit Application for significant modification of a Title V permit received September 28, 2011, we are forwarding herewith Air Quality Permit No. 09492T06 to the North Carolina Electric Membership Corporation - Anson Plant located at 749 Blewett Falls Road, Lilesville, North Carolina authorizing the construction and operation, of the emission sources and associated air pollution control devices specified herein. Additionally, any emissions activities determined from your Air Quality Permit Application as being insignificant per 15A North Carolina Administrative Code 2Q .0503(8) have been listed for infonnational purposes as an "ATTACHMENT." Please note the requirements for the annual compliance certification are contained in General Condition P in. Section 3. The current owner is responsible for submitting a compliance certification for the entire year regardless of who owned the facility during the year. As the designated responsible official it is your responsibility to review, understand, and abide by all of the terms and conditions of the attached permit. It is also your responsibility to ensure that any person who operates any emission source and associated air pollution control device subject to any term or condition of the attached permit reviews, understands, and abides by the condition(s) of the attached permit that are applicable to that particular emission source. Permitting Section One 1641 Mail Service Center,Raleigh,North Carolina 27699-1641 NorthCarolina 217 West Jones Street,Raleigh,North Carolina 27603 Adurally Phone: 919-707.84051 FAX 919.71 5-071 7 1 Internet: www.ncair.org An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper Terrence Ryan April 11, 2012 Page 2 If any parts, requirements, or limitations contained in this Air Quality Permit are unacceptable to you, you have the right to request a formal adjudicatory hearing within 30 days following receipt of this permit., identifying the specific issues to be contested. This hearing request must be in the form of a written petition, conforming to NCGS (North Carolina General Statutes) 150B-23, and filed with both the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714 and the Division of Air Quality, Permitting Section, 1641 Mail Service Center, Raleigh, North Carolina 27699-1 64 1, The form for requesting a formal adjudicatory hearing may be obtained upon request from the Office of Administrative Hearings. Please note that this permit will be stayed in its entirety upon receipt of the request for a hearing Unless a request for a hearing is made pursuant to NCGS 15013-23, this Air Quality Permit shall be final and binding 30 days after issuance. You may request modification of your Air Quality Permit through informal means pursuant to NCGS 150B-22. This request must be submitted in writing to the Director and must identify the specific provisions or issues for which the modification is sought. Please note that this Air Quality Permit will become final and binding regardless of a request for informal modification unless a request for a hearing is also made under NCGS 150B-23. The construction of new air pollution emission source(s) and associated air pollution control device(s), or modifications to the emission source(s) and air pollution control device(s) described in this permit must be covered under an Air Quality Permit issued by the Division of Air Quality prior to construction unless the Permittee has fulfilled the requirements of GS 143-215-108A(b) and received written approval from the Director of the Division of Air Quality to commence construction. Failure to receive an Air Quality Permit or written approval prior to commencing construction is a violation of GS 143-215.108A and may subject the Permittee to civil or criminal penalties as described in GS 143-215.114A and 1.43-215.114B. This Air Quality Permit shall be effective from April 11, 2012 until May 31, 2015, is nontransferable to future owners and operators, and shall be subject to the conditions and limitations as specified therein. The changes made to the permit are summarized in Attachment A to this letter. Should you have any questions concerning this matter,please contact Mr.Edward L. Martirt,,.P.E.; 19) 707-8739. Sincerely y s, � . �� Donald R. van der Vaart,Ph.D.,P.E.,J.D. Chief Attachments A and B c: Gregg Worley,EPA Region 4 Fayetteville Regional Office Central Files Attachment A The following table lists the changes associated with this permit action: Pgge fart, Section Description of Chax��es cover -- Amended permit numbers and dates. TOC -- Added Section 2.2-Phase 11 Acid Rain Permit Requirements. Added Section 2.3-Clean Air Interstate Rule(CA1R)Permit Requirements. Revised date for renewal Acid Rain Permit Application. various throughout Revised all testing conditions to delete reference to 15A NCAC 2D .2601 (or any other 2D .2600 rule) and reference 2Q .0508(f) as the citation. 4 Section 2.1.A, Added Clean Air Interstate Rule(LAIR)permit requirements(15A NCAC 2D.2404) regulation table for sulfur dioxide. Removed 15A NCAC 2D .1418 for nitrogen oxides. Added Phase 11 Acid Rain permit requirements (I5A NCAC 2Q .0402)and Clean Air Interstate Rule(LAIR)permit requirements(15A NCAC 2D .2403 and 2D.2405)for nitrogen oxides. 9 Section 2.1.A.4 Replaced this 15A NCAC 2D .1418 condition with CAIR requirements in i (old condition) Section 2.3. 10 Section 2.1.A.5 Revised this condition and moved to Acid Rain requirements in Section 2.2. (old condition) 12-13 Section 2.2 Added new section for Acid Rain requirements. 13-15 Section 2.3 Added new section for CAI.R requirements. 16-24 Section 3 Updated general conditions to version 3.6. Attachment B Insignificant Activities per 15A NCAC 2Q .0503(8 ID Nos. Emission Source Description.—. IES-I I One natural gas-fired heater for warming up pipeline natural gas used in combustion turbines TES-12 One 500,000 gallon,No. 2 fuel oil storage tank IES-13 One 500,000 gallon,No. 2 fuel oil storage tank 1. Because an activity is insignificant does not mean that the activity is exempted from an applicable requirement or that the owner or operator of the source is exempted from demonstrating compliance with any applicable requirement. 2. When applicable, emissions from stationary source activities identified above shall be included in determining compliance with the permit requirements for toxic air pollutants under 15A NCAC 2D A 100 "Control of Toxic Air Pollutants" or 2Q .071 I "Emission Rates Requiring a Permit". 3. For additional information regarding the applicability of GACT see the DAQ page tilled "The Regulatory Guide for Insignificant Activities/Permits Exempt Activities". The link to this site is as follows: hap://daq.state.iic.tis/perm its/insi g,/ State of North Carolina, AT Department of Environment, ' and Natural Resources Division of Air Quality NCDENR AIR QUALITY PERMIT Permit No. Replaces Pernut No. Effective Date Expiration Date 09492TO6 09492T05 April 1I, 2012 May 31,2015 Until such time as this permit expires or is modified or revoked, the below named Permittee is permitted to construct and operate the emission source(s) and associated air pollution control device(s) specified herein,in accordance with the terms, conditions, and limitations within this permit. This permit is issued under the provisions of Article 21B of Chapter 143, General Statutes of North Carolina as amended, and Title 15A North Carolina Administrative Codes (15A NCAC), Subchapters 2D and 2Q,and other applicable Laws. Pursuant to Title 15A NCAC, Subchapter 2Q, the Permittee shall not construct, operate, or modify any emission source(s) or air pollution control device(s)without having first submitted a complete Air Quality Permit Application to the permitting authority and received an Air Quality Permit,except as provided in this permit. Permittee: North Carolina Electric Membership Corporation-Anson Plant Facility ID: 0400050 Facility Site Location: 749 Blewett Falls Road City, County,State, Zip: Lilesville,North Carolina 28091 Mailing Address: 749 Blewett Falls Road City, State, Zip: Lilesville,North Carolina 28091 Application Number: 0400050.11B and 0400050.12A Complete Application Date: September 28,2011 Primary SIC Code: 4911 Division of Air Quality, Fayetteville Regional Office Regional Office Address: 225 Green St,Suite 714 Fayetteville, North Carolina 28301 Pe-mit issued tlii the i itlt day of April, 2012 ardw R.van der Vaart,Ph.D.,P.E., 7.D., Chief,Air Permits Section By Authority of the Environmental Management Commission Table Of Contents SECTION 1: PERMITTED EMISSION SOURCE (S)AND ASSOCIATED AIR POLLUTION CONTROL DEVICE(S)AND APPURTENANCES SECTION 2: SPECIFIC LIMITATIONS AND CONDITIONS 2.1 - Emission Source(s) Specific Limitations and Conditions (Including specific requirements, testing, monitoring, recordkeeping, and reporting requirements) 2.2 - Acid Rain Permit Requirements 2.3 - Clean Air Interstate Rule(LAIR) Permit Requirements SECTION 3: GENERAL PERMIT CONDITIONS ATTACHMENT List of Acronyms Acid Rain Permit Application dated September 27, 2011 CAIR Permit Application dated July 2, 2007 Permit 09492T06 Page 3 SECTION I- PERMITTED EMISSION SOURCES AND ASSOCIATED AIR POLLUTION CONTROLS AND APPURTENANCES The following table contains a sunirnary of all permit emission sources and associated air pollution control.devices and a urtenances: Emission Emissions Source Description .. Control Device Control Device sour.ce TD No. ID No. Desert tiion . .. ..... .. ..... ... . ... ES-lA One Pratt& Whitney FT8 Swift-Pac simple-cycle gas turbine(300 CD-1 Water injection system NSPS million Btu per hour nominal heat input capacity when firing natural gas, and 281 million Btu per hour nominal heat input capacity when CD-lA Oxidation catalyst firing No.2 fuel oil)and one generator per set of turbines system ES-1B One Pratt& Whitney FT8 Swift-Pao simple-cycle gas turbine(300 CD-1 Water injection system NSPS million Btu per hour nominal heat input capacity when firing natural gas, and 281 million Btu per hour nominal heat input capacity when CD-1 B Oxidation catalyst firing No. 2 fuel oil) and one generator per set of turbines system ES-2A One Pratt& Whitney FT8 Swift-Pao simple-cycle gas turbine(300 CD-1 Water injection system NSPS million Btu per hour nominal heat input capacity when firing natural gas, and 281 million Btu per hour nominal heat input capacity when CD-2A Oxidation catalyst firing No. 2 fuel oil)and one generator per set of turbines system ES-2B One Pratt& Whitney FT8 Swift-Pac simple-cycle gas turbine(300 CD-1 Water injection NSPS million Btu per hour nominal heat input capacity when firing natural gas, and 281 million Btu per hour nominal heat input capacity when CD-2B Oxidation catalyst firing No.2 fuel oil)and one generator per set of turbines system ES-3A One Pratt& Whitney FT8 Swift-Pac simple-cycle gas turbine(300 CD-1 Water injection system NSPS million Btu per hour nominal heat input capacity when firing natural gas, and 281 million Btu per hour nominal heat input capacity when CD-3A Oxidation catalyst firing No.2 fuel oil)and one generator per set of turbines s stein ES-3B One Pratt& Whitney FT8 Swift-Pac simple-cycle gas turbine(300 CD-1 Water injection system NSPS million Btu per hour nominal heat input capacity when firing natural gas, and 281 million Btu per hour nominal heat input capacity when CD-313 Oxidation catalyst firing No.2 fuel oil)and one generator per set of turbines system ES-4A One Pratt& Whitney FT8 Swift-Pac simple-cycle gas turbine(300 CD-1 Water injection system NSPS million Btu per hour nominal heat input capacity when firing natural gas, and 281 trillion Btu per hour nominal heat input capacity when CD-4A Oxidation catalyst firing No.2 fuel oil)and one generator per set of turbines system ES-413 One Pratt& Whitney FT8 Swift-Pac simple-cycle gas turbine(300 CD-1 Water injection system NSPS million Btu per hour nominal heat input capacity when firing natural gas, and 281 million Btu per hour nominal heat input capacity when CD-4B Oxidation catalyst firing No, 2 fuel oil)and one generator per set of turbines system . ES-5A One Pratt&Whitney FT8 Swift-Pac simple-cycle gas turbine(300 CD-1 Water injection system NSPS million Btu per hour nominal heat input capacity when firing natural gas, and 281 million Btu per hour nominal heat input capacity when CD-5A Oxidation catalyst firing No.2 fuel oil)and one generator per set of turbines System ES-5B One Pratt& Whitney FT8 Swift-Pac simple-cycle gas turbine(300 CD-1 Water injection system NSPS million Btu per hour nominal heat input capacity when firing natural gas, and 281 million Btu per hour nominal heat input capacity when CD-5B Oxidation catalyst firing No.2 fuel oil)and one generator per set of turbines s stern ES-6A One Pratt& Whitney FT8 Swift-Pac simple-cycle gas turbine(300 CD-1 Water injection system N SPS million Btu per hour nominal heat input capacity when firing natural gas, and 281 million Btu per hour nominal heat input capacity when CD-6A Oxidation catalyst firing No.2 fuel oil)and one generator per set of turbines _astern ES-6B One Pratt& Whitney FT8 Swift-Pac simple-cycle gas turbine(300 CD-1 Water injection system NSPS million Btu per hour nominal heat input capacity when firing natural gas, and 281 million Btu per hour nominal heat input capacity when CD-6B Oxidation catalyst firing No.2 fuel oil)and one generator per set of turbines system Permit 09492T06 Page 41 SECTION 2 - SPECIFIC LIMITATIONS AND CONDITIONS 2.1- Emission Sources and Control Devices Specific Limitations and Conditions The emission source(s) and associated air pollution control device(s) and appurtenances listed below are subject to the following specific terms, conditions, and limitations, including the testing, monitoring, recordkeeping, and reporting requirements as specified herein: A. Twelve Pratt & Whitney FTS Swift-Pac simple-cycle gas turbines (300 million Btu per hour nominal heat input capacity when firing natural gas, and 281 million Btu per hour nominal heat input capacity when firing No.2 fuel oil each,NSPS)and one generator per set of turbines • ES-1 A and 1 B with water injection(CD-1)and oxidation catalyst system(CD-1 A and CD-113) • ES-2A and 213 with water injection(CD-1)and oxidation catalyst system(CD-2A and CD-213) • ES-3A and 313 with water injection(CD-1)and oxidation catalyst system(CD-3A and CD-313) • ES-4A and 413 with water injection(CD-1)and oxidation catalyst system(CD-4A and CD-413) • ES-5A and 5B with water injection(CD-1) and oxidation catalyst system (CD-5A and CD-513) • ES-6A and 613 with water injection(CD-1)and oxidation catalyst system (CD-6A and CD-611) The following table provides a summary of limits and standards for the emissions sources described above: _.._ _.. . . Re slated Pollutant :Limits/Standards _ A_ _licahle Re ulations Visible emissions 20 percent opacity 15A NCAC 2D .0521 Sulfur dioxide Any feel: Not to exceed total sulfur content of 0.05 wt% 15A NCAC 213.0524 (500 ppmw) NSPS, Subpart KKKK -or- Any fuel: Not to exceed total sulfur dioxide emissions of 0.06 lbs/mmBtu heat input -or- Exit gases: Not to discharge sulfur dioxide emissions in excess of0.90 pounds per megawatt-hour gross output Phase 11 Acid Rain permit requirements 15A NCAC 2Q .0402 See Section 2.2 (40 CFR Part 72) Clean Air Interstate Rule(LAIR)permit requirements 15A NCAC 2D .2404 See Section 2.3.0 Toxic air pollutants Operational limits 15A NCAC 2D .I 100 Nitrogen oxides No.2 fuel oil: 74 ppm at 15 percent O, 15A NCAC 2D .0524 (4-hour rolling average) NSPS, Subpart KKKK Natural gas: 25 ppm at 15 percent OZ (4-hour rolling average) Less than 245 tons per consecutive 12 months 15A NCAC 2Q .0317 of(2D .0530) PSD Avoidance Phase lI Acid Rain permit requirements 15A NCAC 2Q .0402 See Section 2.2 40 CFR Part 72) _ Clean Air Interstate Rule(CAIR)permit requirements 15A NCAC 2D .2403 and 2D .2405 See Sections 2.3.A and B Carbon monoxide Less than 245 tons per consecutive 12 months 15A NCAC 2Q .0317 of(2D .0530) PSD Avoidance Permit 09492T06 Page 5 1. 15A NCAC 2D.0521: CONTROL OF VISIBLE EMISSIONS a. Visible emissions from each of the twelve gas turbines (ID Nos. ES-lA& IB,ES-2A&213,ES-3A&3B, ES-4A&413, ES-5A&513,ES-6A&6B)shall not be more than 20 percent opacity when averaged over a six-minute period. However,six-minute averaging periods may exceed 20 percent not more than once in any hour and not more than four times in any 24-hour period. In no event shall the six-minute average exceed 87 percent opacity. [I5A NCAC 02D .0521 (d)] Testing[15A NCAC 2Q .0508(t)] b. If emission testing is required,the testing shall be performed in accordance with Geueral Condition JJ. If the results of this test are above the limit given in Section 2.1 A. 1. a. above,the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0521. Monitorin,z/Recordkeeping/Reporting[15A NCAC 2Q .0508(f)] c. No monitoring,recordkeeping, or reporting is required for visible emissions from the tiring of natural gas and/or No.2 fuel oil in any turbine. 2. 15A NCAC 2D.0524: NSPS,40 CFR PART 60,SUBPART KKKK—SULFUR DIOXIDE a. The Permittee shall comply with all applicable provisions, including the notification,testing, recordkeeping, and monitoring requirements contained in Environmental Management Commission Standard 15A NCAC 2D .0524 "New Source Performance Standards (NSPS)as promulgated in 40 CPR Part 60 Subpart KKKK, including Subpart A "General Provisions."[15A NCAC 2D .0524] Emission Limitations [15A NCAC 2D .0524, 40 CFR§60.4330(a)(1 and 2)] b. The Permittee shall not cause to be discharged into the atmosphere from any combustion turbine any gases which contain SO, in excess 0.90 lbs megawatt-hour(lbs/MWh) gross output, or c. The Permittee shall not burn in any of the combustion turbines, fuels that contain total potential sulfur dioxide emissions in excess of 0.06 lbs per million Btu heat input,or d. The Permittee shall not burn any fuel with a maximum sulfur content in excess of 0.05 wt%(500 ppmw). Testing[15A NCAC 2Q.0508(t)] e. Initial performance testing has been completed at this facility. If additional emissions testing is required, the testing shall be performed utilizing EPA Reference Methods contained in 40 CFR Part 60 Appendix A or in accordance with a testing protocol approved by the DAQ. Details of the emissions testing and reporting requirements can be found in Section 3 -General Condition JJ. If the results of this test are above the limit given in Section 2.1 A.2.b.,c., and d. above,the Permittee shall be deemed in noncompliance with 40 CFR Part 60, Subpart KKKK. f. Monitgfjgg Recordkeep n� [15A NCAC 2D .0524,40 CFR §60 .4360, §60 .4365,and §60 .4370] i. The Permittee shall monitor the total sulfur content of the fuel being fired in the turbine, except as provided in §60.4365. The sulfur content of the fuel shall be determined using total sulfur methods described in §60.4415. Alternatively, if the total sulfur content of the gaseous fuel during the most recent performance test was less than half the applicable limit,ASTM D4084,D4810,D5504, or D6228, or Gas Processors Association Standard 2377(all of which are incorporated by reference, see §60.17),which measure the major sulfur compounds,may be used. ii. In accordance with §60.4365,the Permittee may elect not to monitor the total sulfur content of the fuel cotnbusted in the turbine, if the fuel is demonstrated not to exceed potential sulfur emissions of 26 ng S024(0.060 lb S02/MMBtu)heat input for units located in continental areas. The Permittee shall use one of the following sources of information to make the required demonstration: (A) The fuel quality characteristics in a current,valid purchase contract,tariff sheet or transportation contract for the fuel, specifying that the maximum total sulfur content for oil use in continental areas is 0.05 weight percent(500 ppmw)or less. The total sulfur content for natural gas use in continental areas is 20 grains of sulfur or less per 100 standard cubic feet and has potential sulfur emissions of less than less than 26 ng S021J (0.060 lb SO,IMMBtu)heat input for continental areas. Permit 09492T06 Page 6 (B) Representative fuel sampling data which show that the sulfur content of the fuel does not exceed 26 tlg S023(0.060 lb S02/MMBtu)heat input for continental areas. At a minimum,the amount of fuel sampling data specified in section 2.3.1.4 or 2.3.2.4 of Appendix D to Part 75 of this chapter is required. iii. The frequency of determining the sulfur content of the fuel shall be follows: (A) For fuel oil, use one of the total sulfur sampling options and the associated sampling frequency described in sections 2.2.3,2.2.4.1,2.2.4.2, and 2.2.4.3 of appendix D to Part 75 of this chapter i.e. , flow proportional sampling,daily sampling, sampling from the unit's storage tank after each addition of fuel to the tank, or sampling each delivery prior to combining it with fuel oil already in the intended storage tank). (13) Gaseous fuel. if the Pennittee elects not to demonstrate sulfur content using options in §60.4365, and the fuel is supplied without intermediate bulk storage,the sulfur content value of the gaseous fuel shall be determined and recorded once per unit operating day. (C) Custom schedules. Notwithstanding the requirements of§60 .4370(b), operators or fuel vendors may develop custom schedules for determination of the total sulfur content of gaseous fuels, based on the design and operation of the affected facility and the characteristics of the fuel supply. Except as provided in paragraphs §60 .4370(c)(1)and (c)(2), custom schedules shall be substantiated with data and shall be approved by the Division of Air Quality before they can be used to comply wit the standard in §60 .4330. Reuortin [15A NCAC 2Q .0508(t)] g. The Permittee shall submit reports of excess emissions and monitor downtime in accordance with §60.7(c). The Permittee shall report excess emissions for all periods of operation,including start-up, shutdown,and malfunction. These reports shall be postmarked by the 30th day following the end of each 6-month period. i. If the Permittee chooses the option to monitor the sulfur content of the fuel, excess emissions and monitoring downtime shall be defined as follows [§60.4385): (A)For samples of gaseous fuel, an excess emission occurs each unit operating hour included in the period beginning on the date and hour of any sample for which the sulfur content of the fuel being fired in the combustion turbine exceeds the applicable limit and ending on the date and hour that it subsequent sample is taken that demonstrates compliance with the sulfur limit. (B) 1f the option to sample each delivery of fuel oil has been selected, the Permittee shall immediately switch to one of the other oil sampling options(i.e., daily sampling, flow proportional sampling, or sampling from the unit's storage tank) if the sulfur content of a delivery exceeds 0.05 weight percent.The Permittee shall continue to use one of the other sampling options until all of the oil from the delivery has been combusted, and the Permittee shall evaluate excess emissions according to this Section. When all of the fuel from the delivery has been burned,the Permittee may resume using the as-delivered sampling option. (C)A period of monitor downtime begins when a required sample is not taken by its due date.A period of monitor downtime also begins on the date and hour of a required sample, if invalid results are obtained, The period of monitor downtime ends on the date and hour of the next valid sample. 3. 15A NCAC 2D.0524: NSPS,40 C.FR PART 60,SUBPART KKKK—NITROGEN DIOXIDE a. The Permittee shall comply with all applicable provisions,including the notification,testing, recordkeeping,and monitoring requirements contained in Environmental Management Commission Standard 15A NCAC 2D .0524 "New Source Performance Standards(NSPS)as promulgated in 40 CFR Part 60 Subpart KICKS, including SubpartA"General Provisions."[I 5A NCAC 2D .0524] Fmission Limitations [15A NCAC 2D .0524, §60.4325] b. The Permittee shall not cause to be discharged into the atmosphere from any comhustion turbine any gases which contain NOx emissions in excess of25 ppm at 15 percent 02(4-hour rolling average when firing natural gas) and/or c. The Permittee shall not cause to be discharged into the atmosphere from any combustion turbine any gases which contain NOx emissions in excess of 74 ppm at 15 percent 0,(4-hour rolling average)when Firing No. 2 fuel oil. Permit 09492T06 Page 7 d. Testing [15A NCAC 2Q .0508(f)] Initial performance testing has been completed at this facility. If additional performance testing is required,the testing shall be performed in accordance with General Condition JJ. If the results of this test are above the limit given in Section 2.1 A. 3.b. and c. above,the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0524. e. Monitoring/Recordkeepin9 [15A NCAC 2D .0524,40 CFR §60.4335, §60. 4340, §60.4345, §60. 4350, and §60.4355] i. If the Permittee chooses to use water or steam injection to control NOx emissions,they shall install, calibrate,maintain and operate a continuous monitoring system to monitor and record the fuel consumption and the ratio of water or steam to fuel being fired in the turbine when burning a fuel that requires water or steam injection for compliance. ii. Alternatively,the Permittee may use continuous emission monitoring, as follows: (A) Install, certify,maintain, and operate a continuous emission monitoring system(CEMS) consisting of a NOx monitor and a diluent gas(oxygen(02)or carbon dioxide(CO2))monitor,to determine the hourly NOx emission rate in parts per million(ppm) or pounds per million British thermal units(lb/MMBtu);and (B) For units complying with the output-based standard, install,calibrate,maintain, and operate a fuel flow meter(or flow meters)to continuously measure the heat input to the affected unit;and (C) For units complying with the output-based standard, install,calibrate,maintain, and operate a watt meter(or meters)to continuously measure the gross electrical output of the unit in megawatt- hours; and (D) For combined heat and power units complying with the output-based standard,install, calibrate, maintain, and operate meters for useful recovered energy flow rate,temperature,and pressure,to continuously measure the total thermal energy output in British thermal units per hour(Btu/h). iii. If the option to use a NOX CEMS is chosen: (A) Each NOx diluent CEMS must be installed and certified according to Performance Specification 2 (PS 2)in appendix B to this part, except the 7-day calibration drift is based on unit operating days,not calendar days. With state approval, Procedure 1 in appendix F to this part is not required. Alternatively, a NOx diluent CEMS that is installed and certified according to appendix A of part 75 of this chapter is acceptable for use under this subpart. The relative accuracy test audit(RATA)of the CEMS shall be performed on a Ib/MMBtu basis. (B) As specified in §60.13(e)(2),during each full unit operating hour,both the NOx monitor and the diluent monitor must complete a minimun of one cycle of operation(sampling,analyzing, and data recording)for each 15-minute quadrant of the hour,to validate the hour. For partial unit operating hours, at least one valid data point must be obtained with each monitor for each quadrant of the hour in which the unit operates. For unit operating hours in which required quality assurance and maintenance activities are performed on the CEMS, a minimum of two valid data points(one in each of two quadrants)are required for each monitor to validate the NOx emission rate for the hour. (C) Each fuel flowmeter shall be installed, calibrated,maintained, and operated according to the manufacturer's instructions.Alternatively, with state approval, fuel flowmeters that meet the installation, certification, and quality assurance requirements of appendix D to part 75 of this chapter are acceptable for use under this Subpart. (D) Each watt meter,,steam flow meter,and each pressure or temperature measurement device shall be installed, calibrated, maintained,and operated according to manufacturer's instructions. (E)The owner or operator shall develop and keep on-site a quality assurance(QA)plan for all of the continuous monitoring equipment described in paragraphs(a),(c), and(d)of this section.For the CEMS and fuel flow meters,the owner or operator may,with state approval, satisfy the requirements of this paragraph by implementing the QA program and plan described in section I of appendix B to Part 75 of this chapter. Permit 09492T06 Page 8 iv, For purposes of identifying excess emissions when using NOx CEMS: (A) All CEMS data must be reduced to hourly averages as specified in §60.13(h). (B) For each unit operating hour in which a valid hourly average, as described in §60.4345(b), is obtained for both NOx and diluent monitors,the data acquisition and handling system must calculate and record the hourly NOx emission rate in units of ppm or lb/MMBtu, using the appropriate equation from method 19 in Appendix A of this part. For any hour in which the hourly average 02 concentration exceeds 19.0 percent 02(or the hourly average CO2 concentration is less than 1.0 percent CO)), a diluent cap value of 19.0 percent OZor 1.0 percent CO,(as applicable)may be used in the emission calculations. (C) Correction of measured NOx concentrations to 15 percent Otis not allowed. (D) if you have installed and certified a NOx diluent CEMS to meet the requirements of part 75 of this chapter,states can approve that only quality assured data from the CEMS shall be used to identify excess emissions under this subpart.Periods where the missing data substitution procedures in subpart D of part 75 are applied are to be reported as monitor downtime in the excess emissions and monitoring performance report required under 460.7(c). (E) All required fuel flow rate, steam flow rate,temperature,pressure,and megawatt data must be reduced to hourly averages. (F) Calculate the hourly average NOx emission rates, in units of the emission standards under §60.4320,using either ppm for units complying with the concentration limit or the Following equation for units complying with the output based standard: (1) For simple-cycle operation: E= (NO,,),P* (HI), (Eq.1) Where: E=hourly NOx emission rate, in lb/MWh, (NOx)I,hourly NOx emission rate, in 1b/MMBtu, hourly heat input rate to the unit, in MMBtu/h,measured using the fuel flowineter(s), e.g. , calculated using Equation D-15a in appendix D to part 75 of this chapter, and P=gross energy output of the combustion turbine in MW. (G) For simple cycle units without heat recovery,use the calculated hourly average emission rates from §60,4350(f)to assess excess emissions on a 4-hour rolling average basis, as described in §60.4380(b)(1). v. For affected units that are also subject to Part 75 of this chapter and that have state approval to use the low mass emissions methodology in §75.19 or the NOx emission measurement methodology in appendix E to Part 75,the Permittee shall meet the requirements of this paragraph by developing and keeping on-site(or at a central location for unmanned facilities)a QA plan, as described in §75.19(e)(5)or in section 2.3 of appendix E to Part 75 of this chapter and Section 1.3.6 of Appendix B to Part 75 of this chapter. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0524 if monitoring of sources and recordkeeping are not maintained. Permit 094921'06 Page 9 f. Reporting [15A NCAC 2D .0524,40 CFR§60. 4375 and 60.4395] The Permittee shall submit reports of excess emissions and monitor downtime in accordance with §60.7(c). The Permittee shall report excess emissions for all periods of operation, including start-up, shutdown, and malfunction. These reports shall be postmarked by the 30th day following the end of each 6-month period. i. For the purpose of reports required under §60.7(c), periods of excess emissions and monitor downtime that must be reported are defined as follows: (A) For turbines using water or steam to fuel ratio monitoring: (1) An excess emission is any unit operating hour for which the 4-hour rolling average steam or water to fuel ratio, as measured by the continuous monitoring system, falls below the acceptable steam or water to fuel ratio needed to demonstrate compliance with §60.4320, as established during the performance test required in §60.8. Any unit operating hour in which no water or steam is injected into the turbine when a fuel is being burned that requires water or steam injection for NOx control will also be considered an excess emission. (2) A period of monitor downtime is any unit operating hour in which water or steam is injected into the turbine,but the essential parametric data needed to determine the steam or water to fuel ratio are unavailable or invalid. (3) Each report must include the average steam or water to fuel ratio, average fitel consumption, and the combustion turbine load during each excess emission. (B) For turbines using continuous emission monitoring, as described in §§60.4335(b)and 60,4345: (1) An excess emission is any unit operating period in which the 4-hour rolling average NOx emission rate exceeds the applicable emission limit in §60.4320. For the purposes of this subpart, a"4-hour rolling average NOx emission rate" is the arithmetic average of the average NOx emission rate in ppm or nglJ (lb/M Wh)measured by the continuous emission monitoring equipment for a given hour and the three unit operating hour average NOx emission rates immediately preceding that unit operating hour. Calculate the rolling average if a valid NOx emission rate is obtained for at least 3 of the 4 hours. (2) A period of monitor downtime is any unit operating hour in which the data for any of the following parameters are either missing or invalid:NOx concentration, COz or OZ concentration, fuel flow rate, steam.flow rate, steam temperature,steam pressure, or megawatts. The steam flow rate,steam temperature, and steam pressure are only required if you will use this information for compliance purposes. (3) For operating periods during which multiple emissions standards apply,the applicable standard is the average of the applicable standards during each hour. For hours with multiple emissions standards,the applicable litnit for that hour is determined based on the condition that corresponded to the highest emissions standard. (C) For turbines required to monitor combustion parameters or parameters that document proper operation of the NOx emission controls: (1) An excess emission is a 4-hour rolling unit operating hour average in which any monitored parameter does not achieve the target value or is outside the acceptable range defined in the parameter monitoring plan for the unit. (2) A period of monitor downtime is a unit operating hour in which any of the required parametric data are either not recorded or are invalid. 4. 1.5A NCAC 2Q.03I7 of 2D.0530: P5D AVOIDANCE-CO a. To comply with this permit and to avoid applicability of 15A NCAC 2D .0530 "Prevention of Significant Deterioration," as requested by the Permittee, carbon monoxide emissions from the combustion turbines (ID Nos. ES-IA& 1B, ES-2A&213,ES-3A& 313, ES-4A&413, ES-5A& 513, ES-6A& 613) shall be less than 245 tons total per consecutive 12-month period. Performance Testing [I 5A NCAC 2Q .0508(f)] b. The initial performance testing has been completed. If additional performance testing is required,the testing shall be performed in accordance with General Condition JJ of the Title V pen-nit, If the results of this test are above the limit given in Section 2.1 A.4. a. above,the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0530. Permit 09492T06 Page 10 c. Monitoring/Recordiieening[15ANCAC 2Q .0508(t)] i. Turbine startup and shutdown or operation below 50%load shall be limited to an average of 2 hours per day per turbine. On a turbine-by-turbine basis, startup and shutdown is defined as operation from 0 to 50 percent electrical output during natural gas firing and/or fuel oil firing. The Permittee shall record the number of startup and shutdown hours for each turbine on a daily basis. ii. Carbon monoxide emissions shall be controlled by an oxidation catalyst.The oxidation catalyst shall be monitored by periodic sampling(coupon sampling)as recommended by the manufacturer and by gas temperature at the gas generator exhaust. The gas temperature at the exhaust exit of the gas generator shall be monitored and maintained between 840 to 1800 degrees Fahrenheit except during start-up and shutdowns. Measured temperature at the gas generator shall be correlated to measured temperature at the catalyst outlet during testing performed under permit condition A.3.c.Any values falling outside the above operating parameters shall be recorded and dated, along with actions taken to bring them back within normal operating ranges. iii. In order to ensure compliance with the above avoidance limit for carbon monoxide(CO),the Permittee shall maintain a gas generator exhaust temperature(3-hour block average)within the range as specified in A.4,6ii, above for each oxidation catalyst(ID Nos. CD-I A, I B,2A,213,3A, 3B,4A, 413, 5A, 513, 6A, and 613). (A) Each calendar month, the Permittee shall calculate the CO emissions of each turbine for the previous month and the previous 12-month period to ensure compliance with Condition 6. a. above. (1) Monthly CO emissions, in tons, shall be calculated as follows: E c0 1[(A9 X tcalalysl) �-(Bg x tncon)] +LCg-sfazhlp x N] + LDg-S)IL100%m x N] + [(Efo x tca(aly,t)+(Ff,,x tnocon)] + LGf�-sie�inp x N]+ [HEO-3h,,111aw11 x N]) x 1/2000 Where: Ego =number of tons of CO emissions per month A8 =pounds of CO per hour after control when firing natural gas B6 =pounds of CO per hour assuming no carbon monoxide control when tiring natural gas C, =pounds of CO per startup event when firing natural gas Dg =pounds of CO per shutdown event when firing natural gas Efo =pounds of CO per hour after control when firing No. 2 fuel oil Ff,, =pounds of CO per hour assuming no carbon monoxide control when firing fuel oil Gf� =pounds of CO per startup event when firing No. 2 fuel oil 1-Ifq =pounds of CO per shutdown event when firing No.2 fuel oil t ealnlyst hours per month when the gas generator exhaust temperature is inside the range specified in A.4.c.iii. hours per month when gas generator exhaust temperature is outside the range specified in A.4.c.iii. N =number of times started up or shutdown in the month The following values shall be used: Ag =7.8 lbs B6 =78.4 lbs C9 25.93 lbs Db =24.07 lbs Ef,, =2.0 lbs Ff,, 19.6 lbs Gf,, =5.34 lbs H f,, =5.94 lbs v. Consecutive 12-month rolling CO emissions, in tons, shall be calculated by summing the monthly emissions, as determined above, for the previous 12-month period for the turbine units. If the Pennittee fails to complete the required monthly calculations, or if the CO emissions as Permit 094921'06 Page 11 calculated above exceed 245 tons per consecutive 12-month period, the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0530. Reno_rting_Reguirements [15A NCAC 2Q .0508(t)] d_ The Permittee shall submit a summary report of monitoring and recordkeeping activities postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December and July 30 of each calendar year for the preceding six-month period between January and June. All instances of deviations from the requirements of this pen-nit must be clearly identified. The report shall contain the following: (A) An exception report listing dates that any 3-hour block average that the gas generator exhaust temperature is outside the range specified in Condition A.4.c.iii. and the actions taken to correct. (B) The monthly CO emissions for the previous 17 months. The emissions must be calculated for each of the 12-month periods over the previous 17 months. (C) An exception report listing dates that startup and shutdown exceeded 2 hours for any turbine in a day. 5. 15A NCAC 2Q.0317 of 2D.0530:PSD AVOIDANCE---NOx a. To comply with this permit and to avoid applicability of 15A NCAC 2D .0530 "Prevention of Significant Deterioration," as requested by the Permittee, nitrogen dioxide emissions from the combustion turbines (ID Nos. ES-1 A, ES-1B, ES-2A, ES-213, ES-3A, ES-313, ES-4A, ES-413, ES-5A, ES-5B, ES-6A, ES-613) shall be less than 245 tons total per consecutive 12-month period. b. Performance Testing [15A NCAC 2Q .0508(t)] The Permittee shall perform initial,periodic, and other quality assurance/quality control NOx emission testing as per Part 75. The Permittee shall conform to all details of the emissions testing and reporting requirements in Section 3 -General Condition JJ. If the results of any tests for NOx are above the limits given in Section 2.1 A.5.a. above,the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0530. c. Monitorin /Recordkee in [15A NCAC 2Q .0508(t)] i. The Permittee shall monitor NOx emissions from combustion turbines (ID Nos.ES1-A, ESl-B, ES2- A, ES2-B, ES3-A, ES3-13, ES4-A, ES4-13,ES5-A, ES5-13,ES6-A, ES6-B) as per Appendix E to Part 75. In addition,nitrogen oxide emissions from turbine startup and shutdown, shall be calculated using the manufacturer's data assuming a loading/unloading rate of 5 MW per minute. Each startup and shutdown shall be recorded daily for each turbine. Total daily nitrogen oxide emissions shall equal startups plus shutdowns plus daily running load. ii. If the option to use a NOx CEMS is chosen,the Permittee shall monitor NOx emissions from combustion turbines(ID Nos. ES I-A, ES1-B,ES2-A;ES2-13,ES3-A,ES3-13, ES4-A, ES4-13, FS5-A, ES5-13;ES6-A,ES6-13)as per §§60.4335(b)and 60.4345. Reporting Requirements [15A NCAC 2Q.0508(f)] d. The Permittee shall submit a summary report of monitoring and recordkeeping activities postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December and July 30 of each calendar year for the preceding six-month period between January and June. All instances of deviations from the requirements of this permit must be clearly identified. The report shall contain the following: i. The monthly NOx emissions for the previous 17 months. The emissions must be calculated for each of the 12-month periods over the previous 17 months. Permit 09492T06 Page 12 6. 15A NCAC 2D.1100: CONTROL OF TOXIC AIR POLLUTANTS a. As required by 15A NCAC 2D .l 100 "Control of Toxic Air Pollutants," operation of the combustion turbines shall be limited while burning No. 2 fuel oil as follows: huel Oil Sulfur Content Maximum Turbine-Hol►rs/1?a (to.tal 12 turbines) 0.050%or less 132 0.045 or less_ 144 0.040 or less 168 _ 0.030 or less 204 0.025 or less unlimited MonitoringlRecordkeeping b. The Permittee shall on a daily basis measure and record the operational turbine hours while burning No. 2 fuel oil and the fuel oil sulfur content(percent)corresponding to these turbine hours, Turbine startup and shutdown or operation below 50% load shall be limited to an average of 2 hours per day per turbine. On a turbine-by-turbine basis, startup and shutdown is defined as operation from 0 to 50 percent electrical output during natural gas firing and/or fuel oil firing_ Reporting Reguirements c. The Permittee shall submit a summary report of monitoring and recordkeeping activities postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December and July 30 of each calendar year for the preceding six-month period between January and June. All instances of deviations from the requirements of this condition must he clearly identified. 2.2- Phase II Acid Rain Permit Requirements ORIS code: 56249 1. Statement of Basis Statutory and Regulatory Authorities: In accordance with the provisions of Article 21 B of Chapter 143, General Statutes of North Carolina as amended and Titles IV and V of the Clean Air Act, the Department of Environment and Natural Resources, Division of Air Quality issues this permit pursuant to Title 15A North Carolina Administrative Codes, Subchapter 2Q .0400 and 2Q.0500,and other applicable Laws. 2. SOz Allowance Allocations and NO,; Requirements for each affected unit .. ...: Source Pollutant Emission Limit ID No. ES-1 A SO2 SO2 allowances are not allocated by U.S. EPA for ID No. ES-113 new units under 40 CFR part 72. ID No. ES-2A NO,, Does not apply for combustion turbine units. ID No. ES-213 ID No.ES-3A 1D No.ES-313 ID No. ES-4A ID No. ES-413 ID No. ES-5A ID No. ES-513 1D No. ES-6A ID No. ES-613 3. Phase 11 Permit Application (attached) The Acid Rain. Permit Application dated September 27, 2011, submitted for this facility, as approved by the Permit 09492'1'06 Page 13 Department of Environment and Natural Resources, Division of Air Quality, is part of this permit. The owners and operators of these Phase 11 acid rain sources must comply with the standard requirements and special provisions set forth in the attached application. 2.3 - Clean Air Interstate Rules (LAIR) Permit Requirements ORIS code: 56249 The following;sources are affected CAIR units: CAIR ID No. ID No.ES-lA ID No. ES-1 B ID No.ES-2A ID No. ES-213 ID No. FS-3A ID No. ES-313 ID No. ESAA ID No. ES-413 ID No.ES-5A ID No. ES-513 ID No. ES-6A ID No. ES-613 A. 15A NCAC 2D.2403: NITROGEN OXIDE EMISSIONS 1. The total nitrogen oxide(NOx)emissions fro[n the affected CAIR units listed above at the North Carolina Electric Membership Corporation-Anson Plant shall not exceed,except as provided in 15A NCAC 2D.2408: [15A NCAC 2D 2403] a. No allocations have been made for 2009-2014. b. No allocations have been made for 2015 and later. If any of the CAIR sources listed above is a new source for which allocations have not been included in the table in 15A NCAC 2D.2403,the CAIR designated representative may submit a request to be allocated CAIR NOx allowances for those sources using the procedures in 40 CFR 96.142(c)(2)and(3)'. 2. The affected CAIR NOx sources shall comply with the requirements of 15A NCAC 2D .2400 using the trading program and banking set out in 40 CFR Part 96. [15A NCAC 2D.2408] [15A NCAC 2D .2407] 3. The owner or operator of any unit or source covered under 15A NCAC 21) .2403 shall be subject to the provisions of 40 CFR 96.106(f). [15A NCAC 21) .2403] MorritoringlRecordkeeping/Reporting[15A NCAC 2D .2403,and 15A NCAC 2D.2407(a)(1)] 4. The Permittee shall comply with the monitoring;,recordkeeping,and reporting requirements in 40 CFR 96.106(b) and (e), and 40 CFR 96 Subpart HH for each CAIR NOx unit. 5. The emissions of nitrogen oxides of a CAIR NOx source shall not exceed the number of allowances that it has in its compliance account established and administered under Rule .2408 of this Section. 6. The emissions measurements recorded and reported according to 40 CFR Part 96 Subpart 1IH shall be used to determine compliance by each CAIR NOx source with its emissions limitation according to 40 CFR 96.106(c) including 96.106(c)(5)and(6). ' The affected units are designated as new units and are not included in the allocations in Sections 2.3.A.1 and 2.3.13.1. Therefore,the CAIR designated representative must submit an annual request for annual NOx and NOx Ozone Season allowance allocations for these units for each control period in accordance with 40 CFR 96.142(c)(2)and(3)for annual allocations and in accordance with 40 CFR 96.342(c)(2)and(3)for Ozone Season allocations until DAQ completes a periodic reallocation per 15A NCAC 2D .2413. Permit 09492T06 Page 14 7. The provisions of 40 CFR 96.106(d)shall be used for excess emissions. B. I5A NCAC 2D.2405: NITROGEN OXIDE EMISSIONS DURING OZONE SEASON 1. Ozone season NOx emissions from the affected CAIR units listed above at the North Carolina Electric Membership Corporation-Anson Plant shall not exceed,except as provided in 15A NCAC 2D ,24W [15A NCAC 2D .2405(a)(1)and(b)] a. No allocations have been made for the ozone season for 2009-2014. b. No allocations have been made for the ozone season for 2015 and later. The ozone season shall be defined as the period of time extending from May I"to September 30'�'of each calendar year. If any of the CAIR sources listed above is a new source for which allocations have not been included in the table in 15A NCAC 2D .2405,the CAIR designated representative may submit a request to be allocated CAIR NOx ozone season allowances for those sources using the procedures in 40 CFR 96.342(c)(2)and(3)1. 2. The affected CAIR NOx Ozone Season sources shall comply with the requirements of 15A NCAC 2D .2400 using the trading program and banking set out in 40 CFR Part 96. [15A NCAC 2D.2408] 3. The owner or operator of any unit or source covered under 15A NCAC 2D .2405 shall be subject to the provisions of 40 CFR 96.306(f). [15A NCAC 2D.2405] MonitoriiiLYIRecordkeepingllte]2orting[15A NCAC 2D ,2405 and 15A NCAC 2D .2407(a)(3)] 4. The Permittee shall comply with the monitoring,recordkeeping, and reporting requirements in 40 CFR 96.306(b) and(e),and 40 CFR 96 Subpart HHHH for each CAIR Ozone Season NOx unit. 5. The nitrogen oxide ozone season emissions of a CAIR NOx Ozone Season source shall not exceed the number of allowances that it has in its compliance account established and administered under 15A NCAC 2D .2408. For purposes of malting deductions for excess emissions for the ozone season in 2008 under the NOx SIP Call(I 5A NCAC 2D .1400),the Administrator shall deduct allowances allocated under this Rule(15A NCAC 2D .2405)for the ozone season in 2009, 6. The emissions measurements recorded and reported according to 40 CFR Part 96 Subpart HHHH shall be used to determine compliance by each CAIR NOx Ozone Season Source with its emissions limitation according to 40 CFR 96.306(c)including 96.306(c)(5) and(6). 7. The provisions of 40 CFR 96.306(d)shall be used for excess emissions. C. 15A NCAC 2D.2404: SULFUR DIOXIDE EMISSIONS 1. The annual allocation of sulfur dioxide allowances shall be determined by EPA.The allocations for CAIR SO? units are listed in the table below(these allocations are from 40 CFR 73.10 except where none is given): ALLOCATION SOURC>✓ FOR 2010 AND LATER 1D No.ESAA None ID No, ES-1 B None I No,ES-2A None ID No,ES-213 None ID No, ES-3A None ID No,ES-313 None 1D No,ES-4A None ID No, ES-413 None ID No, ES-5A None iD No. ES-513 None ID No. ES-6A None ID No.ES-613 None 2. The affected CAIR SO,sources shall comply with the requirements of 15A NCAC 2D .2400 using the trading program and banking set out in 40 CFR Part 96, [15A NCAC 2D.2408] 3. The owner or operator of any unit or source covered under 15A NCAC 2D .2404 shall be subject to the provisions of 40 CFR 96.206(f). [I5A NCAC 2D .2404] Permit 09492T06 Page 15 MonitoringlRecordkeepina/Reporting[15A NCAC 2D .2404 and 15A NCAC 2D.2407(a)(2)] 4. The Pennittee shall comply with the monitoring,recordkeeping,and reporting requirements in 40 CFR 96206(b) and(e),and 40 CFR 96 Subpart HHH for each CAIR SO2 unit. 5. The emissions of sulfur dioxides of source described in Section 2A.C.I above shall not exceed the number-of allowances that it has in its compliance account established and administered under Rule 15A NCAC 2D 2408. 6. The emissions measurements recorded and reported according to 40 CFR Part 96 Subpart HHH shall be used to determine compliance by each CAIR SO2 source with its emissions limitation according to 40 CFR 96.206(c) including 96.206(c)(5)and(6). 7. The provisions of 40 CFR 96.206(d)shall be used for excess emissions. D. CAM Permit Application(attached) The Clean Air Interstate Rules(LAIR)Permit Application dated July 2,2007, submitted for this facility, as approved by the Department of Environment and Natural Resources, Division of Air Quality,is part of this permit. The owner and operator of these CAIR NOx and SO,sources must comply with the standard requirements and special provisions set forth in the following attached application: Permit 09492T06 Page 16 SECTION 3 - (GENERAL CONDITIONS (version 3.6) This section describes terms and conditions applicable to this Title V facility. A, General Provisions[NCGS 143-215 and 15A NCAC 2Q.0508(i)(16)] l. Terms not otherwise defined in this permit shall have the meaning assigned to such terms as defined in 15A NCAC 2D and 2Q. 2. The terms, conditions, requirements, limitations, and restrictions set forth in this permit are binding and enforceable pursuant to NCGS 143-215.114A and 143-215.114B, including assessment of civil and/or criminal penalties. Any unauthorized deviation from the conditions of this permit may constitute grounds for revocation and/or enforcement action by the DAQ. 3. This permit is not a waiver of or approval of any other Department permits that may be required for other aspects of the facility which are not addressed in this permit. 4. This permit does not relieve the Permittee from liability for harm or injury to human health or welfare, animal or plant life, or property caused by the construction or operation of this permitted facility,or from penalties therefore, nor does it allow the Permittee to cause pollution in contravention of state laws or rules, unless specifically authorized by an order from the North Carolina Environmental Management Commission. 5. Except as identified as state-only requirements in this permit, all terms and conditions contained herein shall be enforceable by the DAQ,the EPA,and citizens of the United States as defined in the Federal Clean Air Act. 6. Any stationary source of air pollution shall not be operated, maintained, or modified without the appropriate and valid permits issued by the DAQ,unless the source is exempted by rule. The DAQ may issue a permit only after it receives reasonable assurance that the installation will not cause air pollution in violation of any of the applicable requirements. A permitted installation may only be operated, maintained, constructed, expanded, or modified in a manner that is consistent with the terms of this permit. B. Permit Availability [15A NCAC 2Q.0507(k)and .0508(i)(9)(B)] The Permittee shall have available at the facility a copy of this permit and shall retain for the duration of the permit term one complete copy of the application and any information submitted in support of the application package. The permit and application shall be made available to an authorized representative of Department of Environment and Natural Resources upon request. C. Severability Clause[15A NCAC 2Q.0508(i)(2)] In the event of an administrative challenge to a final and binding permit in which a condition is held to be invalid, the provisions in this permit are severable so that all requirements contained in the permit,except those held to be invalid, shall remain valid and must be complied with. D. Submissions[I5A NCAC 2Q.0507(e)and 2Q.0508(i)(16)] Except as otherwise specified herein, two copies of all documents, reports, test data, monitoring data, notifications, request for renewal, and any other information required by this permit shall be submitted to the appropriate Regional Office. Refer to the Regional Office address on the cover page of this permit. For continuous emissions monitoring systems (CEMS) reports, continuous opacity monitoring systems (COMS) reports, quality assurance (QA)/quality control(QC)reports, acid rain CEM certification reports,and NOx budget CEM certification reports,one copy shall be sent to the appropriate Regional Office and one copy shall be sent to: Supervisor, Stationary Source Compliance North Carolina Division of Air Quality 1641 Mail Service Center Raleigh,NC27699-1641 All submittals shall include the facility name and Facility 1D number(refer to the cover page of this permit). E. Duty to Comply[15A NCAC 2Q .0508(i)(2)] The Permittee shall comply with all terns, conditions, requirements, limitations and restrictions set forth in this permit. Noncompliance with any permit condition except conditions identified as state-only requirements constitutes a violation Permit 09492T06 Page 17 of the Federal Clean Air Act. Noncompliance with any permit condition is grounds for enforcement action,for permit termination,revocation and reissuance,or modification,or for denial of permit renewal application. F. Circumvention-STATE ENFORCEABLE ONLY The facility shall be properly operated and maintained at all times in a manner that will effect an overall reduction in air pollution. Unless otherwise specified by this permit, no emission source may be operated without the concurrent operation of its associated air pollution control device(s)and appurtenances. G. Permit.Modifications . Administrative Permit Amendments [I5A NCAC 2Q .0514] The Permittee shall submit an application for an administrative permit amendment in accordance with 15A NCAC 2Q .0514. 2. Transfer in Ownership or Operation and Application Submittal Content [15A NCAC 2Q .0524 and 2Q .0505] The Permittee shall submit an application for an ownership change in accordance with 15A NCAC 2Q.0524 and 2Q .0505. 3. Minor Permit Modifications[I5A NCAC 2Q .0515] The Permittee shall submit an application for a minor permit modification in accordance with 15A NCAC 2Q .0515. 4. Significant Permit Modifications [I5A NCAC 2Q.0516] The Permittee shall submit an application for a significant permit modification in accordance with 15A NCAC 2Q .0516. 5. Reopening for Cause[15A NCAC 2Q.0517] The Permittee shall submit an application for reopening for cause in accordance with 15A NCAC 2Q .0517. 11. Changes Not Requiring Permit Modifications 1. Reporting Requirements Any of the following that would result in new or increased emissions from the emission source(s)listed in Section 1 must be reported to the .Regional Supervisor,DAQ: a. changes in the information submitted in the application; b. changes that modify equipment or processes; or c. changes in the quantity or quality of materials processed. If appropriate,modifications to the permit may then be made by the DAQ to reflect any necessary changes in the permit conditions. In no case are any new or increased emissions allowed that will cause a violation of the emission limitations specified herein. 2. Section 502(b)(10)Changes ['15A NCAC 2Q.0523(a)] a. "Section 502(b)(10) changes" means changes that contravene an express permit term or condition. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recorolkeeping, reporting,or compliance certification requirements. b. The Permittee may make Section 502(b)(10)changes without having the permit revised if: i. the changes are not a modification under"Title I of the Federal Clean Air Act; ii. the changes do not cause the allowable emissions under the permit to be exceeded; iii. the Permittee notifies the Director and EPA with written notification at least seven days before the change is made;and iv. the Permittee shall attach the notice to the relevant permit. c. The written notification shall include: i, a description of the change; ii. the date on which the change will occur; iii. any change in emissions;and iv. any permit term or condition that is no longer applicable as a result of the change. d. Section 502(b)(10) changes shall be made in the permit the next time that the permit is revised or renewed, whichever comes first. 3. Off Permit Changes[15A NCAC 2Q .0523(b)] The Permittee may make changes in the operation or emissions without revising the permit if: Permit 09d92T06 Page 18 a. the change affects only insignificant activities and the activities remain insignificant after the change;or b. the change is not covered under any applicable requirement. 4. Emissions Trading[I 5A NCAC 2Q.0523(c)] To the extent that emissions trading is allowed under 15A NCAC 2D, including subsequently adopted maximum achievable control technology standards, emissions trading shall be allowed without permit revision pursuant to 15A NCAC 2Q.0523(c). I.A. Rel2orting Re uirements for Excess Emissions and Permit Deviations [15A NCAC 2D .0535(f)and 2Q.0508(f)(2)] "Excess Emissions" - means an emission rate that exceeds any applicable emission limitation or standard allowed by any rule in Sections .0500, .0900, .1200, or .1400 of Subchapter 21); or by a permit condition; or that exceeds an emission limit established in a permit issued under 15A NCAC 2Q .0700. (Note: Definitions of excess emissions under 2D.I 110 and 2D.I I I I shall apply where defined by rule) "Deviations" - for the purposes of this condition, any action or condition not in accordance with the ternis and conditions of this permit including those attributable to upset conditions as well as excess emissions as defined above lasting less than four hours. Excess Emissions 1. If a source is required to report excess emissions under NSPS (15A NCAC 2D .0524), NESIIAPS (15A NCAC 2D .l 110 or .1 111), or the operating permit provides for periodic (e.g., quarterly)reporting of excess emissions, reporting shall be performed as prescribed therein. 2. If the source is not subject to NSPS(I 5A NCAC 2D.0524),NESHAPS(I 5A NCAC 2D .I 110 or,1111),or these rules do NOT define "excess emissions," the Permittee shall report excess emissions in accordance with 15A NCAC 2D.0535 as follows: a. Pursuant to 15A NCAC 2D .0535, if excess emissions last for more than four hours resulting from a malfunction, a breakdown of process or control equipment, or any other abnormal condition, the owner or operator shall: i. notify the Regional Supervisor or Director of any such occurrence by 9:00 a.m. Eastern Time of the Division's next business day of becoming aware of the occurrence and provide: • name and location of the facility; • nature and cause of the malfunction or breakdown; • time when the malfunction or breakdown is first observed; • expected duration;and • estimated rate of emissions; ii, notify the Regional Supervisor or Director immediately when corrective measures have been accomplished;and. iii. submit to the Regional Supervisor or Director within 15 days a written report as described in 15A NCAC 2D .0535(f)(3). Permit Deviations 3. Pursuant to 15A NCAC 2Q .0508(t)(2),the Permittee shall report deviations from permit requirements (terms and conditions)as follows: a. Notify the Regional Supervisor or Director of all other deviations from permit requirements not covered under 15A NCAC 2D .0535 quarterly. A written report to the Regional Supervisor shall include the probable cause of such deviation and any corrective actions or preventative actions taken. The responsible official shall. certify all deviations fi'om permit requirements. I.B. Other Requirements under 15A NCAC 2D.0535 The Pern-rittee shall comply with all other applicable requirements contained in 15A NCAC 2D .0535, including 15A NCAC 2D.0535(c)as follows: I_ Any excess emissions that do not occur during start-up and shut-down shall be considered a violation of the appropriate rule unless the owner or operator of the sources demonstrates to the Director,that the excess emissions are a result of a malfunction. The Director shall consider, along with any other pertinent information,the criteria contained in 15A NCAC 2D.0535(c)(1)through(7). 2. 15A NCAC 2D .0535(g). Excess emissions during start-up and shut-down shall be considered a violation of the appropriate rule if the owner or operator cannot demonstrate that excess emissions are unavoidable. Permit 09492TO6 Page 19 J. Cmeraency Provisions [40 CFR 70.6(g)] The Pennittee shall be subject to the following provisions with respect to emergencies: 1. An emergency means any situation arising from sudden and reasonably unforeseeable events beyond the control of the facility, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the facility to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation,or operator error. 2. An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology- based emission limitations if the conditions specified in 3.below are met. 3. The affirmative defense of emergency shall be demonstrated through properly signed contemporaneous operating logs or other relevant evidence that include information as follows: a. an emergency occurred and the Permittee can identify the cause(s)of the emergency; b. the permitted facility was at the time being properly operated; c. during the period of the emergency the Permittee tools all reasonable steps to minimize levels of emissions that exceeded the standards or other requirements in the permit;and d. the Pennittee submitted notice of the emergency to the DAQ within two working days of the time when emission limitations were exceeded due to the emergency. This notice must contain a description of the emergency,steps taken to mitigate emissions,and corrective actions taken. 4. In any enforcement proceeding, the Permittee seeking to establish the occurrence of an emergency has the burden of proof. 5. This provision is in addition to any emergency or upset provision contained in any applicable requirement specified elsewhere herein. K. Permit Renewal [15A NCAC 2Q .0508(e)and 2Q.0513(b)] This 15A NCAC 2Q .0500 permit is issued for a term not to exceed five years and shall expire at the end of its term. Permit expiration terminates the facility's right to operate unless a complete 15A NCAC 2Q .0500 renewal application is submitted at least nine months before the date of permit expiration. if the Permittee or applicant has complied with 15A NCAC 2Q .0512(b)(1),this 15A NCAC 2Q .0500 permit shall not expire until the renewal permit has been issued or denied. Permit expiration under 15A NCAC 2Q .0400 terminates the facility's right to operate unless a complete 15A NCAC 2Q .0400 renewal application is submitted at least six months before the date of permit expiration for facilities subject to 15A NCAC 2Q .0400 requirements. In either of these events, all terms and conditions of these permits shall remain in effect until the renewal permits have been issued or denied. L. Need to Halt or Reduce Activitv Not a Defense[15A NCAC 2Q.0508(i)(4)] It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this pen-nit. M. Duty to Provide Information(submittal of information)[15A NCAC 2Q.0508(i)(9)] 1. The Permittee shall furnish to the DAQ, in a timely manner, any reasonable information that the Director 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. 2. The Permittee shall frirnish the DAQ copies of records required to be kept by the permit when such copies are requested by the Director. For information claimed to be confidential, the Permittee may furnish such records directly to the EPA upon request along with a claim of confidentiality. N. Duty to Sunnlement[15A NCAC 2Q .0507(f)] The Permittee, upon becoming aware that any relevant facts were omitted or incorrect information was submitted in the permit application, shall promptly submit such supplementary facts or corrected information to the DAQ. The Permittee shall also provide additional information as necessary to address any requirement that becomes applicable to the facility after the date a complete permit application was submitted but prior to the release of the draft permit. O. Retention.of Records [15A NCAC 2Q.0508(f)and 2Q .0508 (1)] The Permittee shall retain records of all required monitoring data and supporting information for a period of at least five years from the date of the monitoring sample, measurement, report, or application. Supporting information Permit 09492T06 Page 20 includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring information, and copies of all reports required by the permit. These records shall be maintained in a form suitable and readily available for expeditious inspection and review. Any records required by the conditions of this permit shall be kept on site and made available to DAQ personnel for inspection upon request. P. Compliance Certification [15A NCAC 2Q .0508(n)] The Permittee shall submit to the DAQ and the EPA(Air and EPCRA Enforcement Branch, EPA, Region 4, 61 Forsyth Street, Atlanta, GA 30303) postmarked on or before March I a compliance certification (for the preceding calendar year) by a responsible official with all federally-enforceable terms and conditions in the permit, including emissions limitations, standards, or work practices. It shall be the responsibility of the current owner to submit a compliance certification for the entire year regardless of who owned the facility during the year. The compliance certification shall comply with additional requirements as may be specified under Sections 114(a)(3) or 504(b)of the Federal Clean Air Act. The compliance certification shall specify: 1. the identification of each term or condition of the permit that is the basis of the certification; 2. the compliance status(with the terms and conditions of the permit for the period covered by the certification); 3, whether compliance was continuous or intermittent; and 4. the method(s)used for determining the compliance status of the source during the certification period. Q. Certification by Responsible Official [15A_NCAC 2Q.0520] A responsible official shall certify the truth, accuracy, and completeness of any application form,report, or compliance certification required by this permit. All certifications shall state that based on information and belief formed after reasonable inquiry,the statements and information in the document are true,accurate,and complete. R. Permit Shield for Applicable Requirements [15ANCAC 2Q.0512] 1. Compliance witb the terms and conditions of this permit shall be deemed compliance with applicable requirements, where such applicable requirements are included and specifically identified in the permit as of the date of permit issuance. 2. A permit shield shall not alter or affect: a. the power of the Commission, Secretary of the Department, or Governor under NCGS 143-215.3(a)(12), or EPA under Section 303 of the Federal Clean Air Act; b. the liability of an owner or operator of a facility for any violation of applicable requirements prior to the effective date of the permit or at the time of permit issuance; c. the applicable requirements under Title IV;or d. the ability of the Director or the EPA under Section 114 of the Fed era]Clean Air Act to obtain information to determine compliance of the facility with its permit. 3. A permit shield does not apply to any change made at a facility that does not require a permit or permit revision made under 15A NCAC 2Q .0523. 4. A permit shield does not extend to minor permit modifications made under 15A NCAC 2Q.0515. S. Termination,Modification,and Revocation of the Permit[15A NCAC 2Q.0519] The Director may terminate,modify,or revoke and reissue this permit if 1. the information contained in the application or presented in support thereof is determined to be incorrect; 2. the conditions raider which the pennit or permit renewal was granted have changed; 3, violations of conditions contained in the permit have occurred; 4. the EPA requests that the permit be revoked under 40 CFR 70.7(g)or 70.8(d);or 5. the Director finds that termination, modification, or revocation and reissuance of the permit is necessary to carry out the purpose of NCGS Chapter 143,Article 21B. T. Insignificant_Activities[15A NCAC 2Q.0503] Because an emission source or activity is insignificant does not mean that the emission source or activity is exempted from any applicable requirement or that the owner or operator of the source is exempted from demonstrating compliance with any applicable requirement. The Permittee shall have available at the facility at all times and made available to an authorized representative upon request, documentation, including calculations, if necessary, to demonstrate that an emission source or activity is insignificant. U. Property Rights [15A NCAC 2Q.0508(i)(8)] Permit 094921'06 Page 21 This permit does not convey any property rights in either real or personal property or any exclusive privileges. V. Inspection and Entry [15A NCAC 2Q.0508(1)and NCGS 143-215.3(a)(2)] 1. Upon presentation of credentials and other documents as may be required by law, the Permittee shall allow the DAQ, or an authorized representative,to perform the following: a. enter the Permittee's premises where the permitted facility is located or emissions-related activity is conducted, or where records are kept under the conditions of the permit; b. have access to and copy, at reasonable times, any records that are required to be kept under the conditions of the permit; c. inspect at reasonable times and using reasonable safety practices any source,equipment(including monitoring and air pollution control equipment),practices,or operations regulated or required under the permit;and d. sample or monitor substances or parameters, using reasonable safety practices, for the purpose of assuring compliance with the permit or applicable requirements at reasonable times. Nothing in this condition shall limit the ability of the EPA to inspect or enter the premises of the Permittee under Section 114 or other provisions of the Federal Clean Air Act, 2. No person shall refuse entry or access to any authorized representative of the DAQ who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such authorized representative while in the process of carrying out his official duties. Refusal of entry or access may constitute grounds for permit revocation and assessment of civil penalties, W. Annual Fee Payment[15A NCAC 2Q.0508(i)(10)] 1. The Pennittee shall pay all fees in accordance with 15A NCAC 2Q.0200. 2. Payment of fees may be by check or money order made payable to the N.C. Department of Environment and Natural Resources. Annual permit fee payments shall refer to the permit number. 3. If, within 30 days after being billed, the Permittee fails to pay an annual fee, the Director may initiate action to terminate the permit under 15A NCAC 2Q.0519. X. Annual Emission Inventory Requirements [15A NCAC 2Q .0207] The Permittee shall report by June 30 of each year the actual emissions of each air pollutant listed in 15A NCAC 2Q .0207(a) from each emission source within the facility during the previous calendar year. The report shall be in or on such form as may be established by the Director. The accuracy of the report shall be certified by a responsible official of the facility. Y. Confidential Information [15A NCAC 2Q .0107 and 2Q. 0508(i)(9)] Whenever the Permittee submits infomlation under a claim of confidentiality pursuant to 15A NCAC 2Q .0107, the Permittee may also submit a copy of all such information and claim directly to the EPA upon request. All requests for confidentiality must be in accordance with 15A NCAC 2Q .0107. Z. Construction and Operation Permits[15A NCAC 2Q .0100 and.0300] A construction and operating permit shall be obtained by the Permittee for any proposed new or modified facility or emission source which is not exempted from having a permit prior to the beginning of construction or modification, in accordance with al]applicable provisions of 15A NCAC 2Q .0100 and .0300. AA.Standard Application Form and Required_Information [15A NCAC 2Q .0505 and_0507] The Permittee shall submit applications and required information in accordance with the provisions of 15A NCAC 2Q .0505 and .0507. BB. Financial Responsibility and Compliance History [15A NCAC 2Q.0507(d)(4)] The DAQ may require an applicant to submit a statement of financial qualifications and/or a statement of substantial compliance history. CC.Refrigerant Requirements(Stratospheric Ozone and Climate Protection)[15A NCAC 2Q.0501(e)] 1. if the Permittee has appliances or refrigeration equipment, including air conditioning equipment,which use Class I or 11 ozone-depleting substances such as chlorofluorocarbons and hydrochlorofluorocarbons listed as refrigerants in 40 CFR Part 82 Subpart A Appendices A and B, the Permittee shall service, repair, and maintain such equipment according to the work practices, personnel certification requirements, and certified recycling and Permit 09492T06 Page 22 recovery equipment specified in 40 CFR Part 82 Subpart F. 2. The Permittee shall not knowingly vent or otherwise release any Class I or II substance into the environment during the repair, servicing, maintenance, or disposal of any such device except as provided in 40 CFR Part 82 Subpart F. 3. The Permittee shall comply with all reporting and recordkeeping requirements of 40 CFR❑ 82.t66. Reports shall be submitted to the EPA or its designee as required. DD.Prevention of Accidental Releases-Section 112(r) [15A NCAC 2Q.0508(h)] If the Permittee is required to develop and register a Risk Management Plan with EPA pursuant to Section 112(r)of the Clean Air Act,then the Permittee is required to register this plan in accordance with 40 CFR Part 68. EE. Prevention of Accidental Releases General Duty Clause-Section 112(r)(1)- FEDERALLY-ENFORCEABLE ONLY Although a risk management plan may not be required, if the Permittee produces, processes, handles, or stores any amount of a listed hazardous substance, the.Permittee has a general duty to take such steps as are necessary to prevent the accidental release of such substance and to minimize the consequences of any release. FF. Title IV Allowances[15A NCAC 2Q.0508(i)(1)] This permit does not limit the number of Title IV allowances held by the Permittee, but the Permittee may not use allowances as a defense to noncompliance with any other applicable requirement. The Permittee's emissions may not exceed any allowances that the facility lawfully holds under Title IV of the Federal Clean Air Act. GG.Air Pollution Emergency Episode[15A NCAC 2D,0300] Should the Director of the DAQ declare an Air Pollution Emergency Episode,the Permittee will be required to operate in accordance with the Pennittee's previously approved Emission Reduction Plan or, in the absence of an approved plan,with the appropriate requirements specified in 15A NCAC 2D.0300. HH.Registration of Air Pollution Sources[15A NCAC 2D.0200] The Director of the DAQ may require the Permittee to register a source of air pollution. If the Permittee is required to register a source of air pollution, this registration and required information will be in accordance with 15A NCAC 2D .0202(b). 11. Ambient Air Ouality Standards[15A NCAC 2D,0501(c)] In addition to any control or manner of operation necessary to meet emission standards specified in this permit, any source of air pollution shall be operated with such control or in such manner that the source shall not cause the ambient air quality standards in 15A.NCAC 2D .0400 to be exceeded at any point beyond the premises on which the source is located. When controls more stringent than named in the applicable emission standards in this permit are required to prevent violation of the ambient air quality standards or are required to create an offset, the permit shall contain a condition requiring these controls. 77. General Emissions Testing and Reporting Requirements [15A NCAC 2Q.0508(i)(16)] Emission compliance testing shall be by the procedures of Section .2600, except as may be otherwise required in Rules .0524, .0912, .1110, .1111,or.1415 of Subchapter 2D. If emissions testing is required by this permit or the DAQ or if the Permittee submits emissions testing to the DAQ to demonstrate compliance,the Permittee shall perform such testing in accordance with 15A NCAC 2D .2600 and follow the procedures outlined below: 1. The owner or operator of the source shall arrange for air emission testing protocols to be provided to the Director prior to air pollution testing. Testing protocols are not required to be pre-approved by the Director prior to air pollution testing. The Director shall review air emission testing protocols for pre-approval prior to testing if requested by the owner or operator at least 45 days before conducting the test. 2. Any person proposing to conduct an emissions test to demonstrate compliance with an applicable standard shall notify the Director at least 15 days before beginning the test so that the Director may at his option observe the test. 3. The owner or operator of the source shall arrange for controlling and measuring the production rates during the period of air testing. The owner or operator of the source shall ensure that the equipment or process being tested is operated at the production rate that best tidfills the purpose of the test. The individual conducting the emission test shall describe the procedures used to obtain accurate process data and include in the test report Pert-nit 09492T06 Page 23 the average production rates determined during each testing period. 4. Two copies of the final air emission test report shall be submitted to the Director not later than 30 days after sample collection unless otherwise specified in specific conditions. The owner or operator may request an extension to submit the final test report. The Director shall approve an extension request if he finds that the extension request is a result of actions beyond the control of the owner or operator. a. The Director shall make the final determination regarding any testing procedure deviation and the validity of the compliance test. The Director may: (1) Allow deviations from a method specified under a rule in this Section if the owner or operator of the source being tested demonstrates to the satisfaction of the Director that the specified method is inappropriate for the source being tested. (2) Prescribe alternate test procedures on an individual basis when lie finds that the alternative method is necessary to secure more reliable test data. (3) Prescribe or approve methods on an individual basis for sources or pollutants for which no test method is specified in this Section if the methods can be demonstrated to determine compliance of permitted emission sources or pollutants. b. The Director may authorize the Division of Air Quality to conduct independent tests of any source subject to a rule in this Subchapter to determine the compliance status of that source or to verify any test data submitted relating to that source. Any test conducted by the Division of Air Quality using the appropriate testing procedures described in Section 2D.2600 has precedence over all other tests. KK.Reopening for Cause[I 5A NCAC 2Q .0517] 1. A permit shall be reopened and revised under the following circumstances: a. additional applicable requirements become applicable to a facility with remaining permit term of three or more years; b. additional requirements (including excess emission requirements) become applicable to a source covered by Title IV; c. the Director or EPA finds 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;or d. the Director or EPA determines that the permit must be revised or revoked to assure compliance with the applicable requirements. 2. Any permit reopening shall be completed or a revised permit issued within 18 months after the applicable requirement is promulgated. No reopening is required if the effective date of the requirement is after the expiration of the permit term unless the term of the permit was extended pursuant to 15A NCAC 2Q.0513(c), 3. Except for the state-enforceable only portion of the permit,the procedures set out in 15A NCAC 2Q .0507, .0521, or.0522 shall be followed to reissue the permit. If the State-enforceable only portion of the permit is reopened,the procedures in 15A NCAC 2Q .0300 shall be followed. The proceedings shall affect only those parts of the permit for which cause to reopen exists. 4. The Director shall notify the Permittee at least 60 days in advance of the date that the permit is to be reopened, except in cases of imminent threat to public health or safety the notification period may be less than 60 days. 5. Within 90 days, or 180 days if the EPA extends the response period,after receiving notification from the EPA that a permit needs to be terminated,modified,or revoked and reissued,the Director shall send to the EPA a proposed determination of termination,modification,or revocation and reissuance,as appropriate, U. Reyortint Requirements for Non-0 ep rating Equipment[15A NCAC 2Q .0509(i)(16)] The Permittee shall maintain a record of operation for permitted equipment noting whenever the equipment is taken from and placed into operation. During operation the monitoring recordkeeping and reporting requirements as prescribed by the permit shall be implemented within the monitoring period. MM.Fugitive Dust Control Requirement[15A NCAC 2D.0540] -STATE ENFORCEABLE ONLY As required by 15A NCAC 2D .0540 "Particulates from Fugitive Dust Emission Sources,"the Permittee shall not cause or allow fugitive dust emissions to cause or contribute to substantive complaints or excess visible emissions beyond the property boundary. If substantive complaints or excessive fugitive dust emissions from the facility are observed beyond the property boundaries for six minutes in any one hour (using Reference Method 22 in 40 CFR, Appendix A), the owner or operator may be required to submit a fugitive dust plan as described in 2D.0540(f). "Fugitive dust emissions" means particulate matter from process operations that does not pass through a process stack. or vent and that is generated within plant property boundaries from activities such as: unloading and loading areas, process areas stockpiles,stock pile working,plant parking lots,and plant roads(including access roads and haul roads), Permit 09492T06 Page 24 NN.Specific Permit Modifications[15A NCAC 2Q.0501 and .0523] 1. For modifications made pursuant to 15A NCAC 2Q .0501(c)(2), the Permittee shall file a Title V Air Quality Permit Application for the air emission source(s) and associated air pollution control device(s) on or before 12 months after commencing operation. 2. For modifications made pursuant to 15A NCAC 2Q .0501(d)(2), the Permittee shall not begin operation of the air emission source(s) and associated air pollution control device(s) until a Title V Air Quality Permit Application is filed and a construction and operation permit following the procedures of Section .0500 (except for Rule.0504 of this Section)is obtained. 3. For modifications made pursuant to 502(b)(10), in accordance with 15A NCAC 2Q .0523(a)(1)(C), the Permittee shall notify the Director and EPA(EPA-Air Planning Branch, 61 Forsyth St.,Atlanta,GA 30303)in writing at least sevendays before the change is made. The written notification shall include: a. a description of the change at the facility; b. the date on which the change will occur; c. any change in emissions; and d. any permit term or condition that is no longer applicable as a result of the change. In addition to this notification requirement, with the next significant modification or Air Quality Permit renewal, the Permittee shall submit a page "E5" of the application forms signed by the responsible official verifying that the application for the 502(b)(10) change/modification, is true, accurate, and complete. Further note that modifications made pursuant to 502(b)(10) do not relieve the Permittee from satisfying preconstruction requirements. 00.Third Party Participation and EPA Review [15A NCAC 2Q.0521, .0522 and .0525(7)] For permit modifications subject to 45-day review by the federal Environment Protection Agency (EPA), EPA's decision to not object to the proposed permit is considered final and binding on the EPA and absent a third party petition,the failure to object is the end of EPA's decision-making process with respect to the revisions to the permit.The time period available to submit a public petition pursuant to 15A NCAC 2Q .0519 begins at the end of the 45-day EPA review period. ATTACHMENT List of Acronyms AOS Alternate Operating Scenario BACT Best Available Control Technology Btu British thermal unit CAA Clean Air Act LAIR Clean Air Interstate Rule CEM Continuous Emission Monitor CFR Code of Federal Regulations CAA Clean Air Act DAQ Division of Air Quality DENR Department of Environment and Natural Resources EMC Environmental Management Commission EPA Environmental Protection Agency FR Federal Register GACT Generally Available Control Technology HAP Hazardous Air Pollutant MALT Maximum Achievable Control Technology NAA Non-Attainment Area NCAC North Carolina Administrative Code NCGS North Carolina General Statutes NESHAPS National Emission Standards for Hazardous Air Pollutants NOx Nitrogen Oxides NSPS New Source Performance Standard OAH Office of Administrative Hearings PM Particulate Matter PMio Particulate Matter with Nominal Aerodynamic Diameter of 10 Micrometers or Less POS Primary Operating Scenario PSD Prevention of Significant Deterioration RACT Reasonably Available Control Techuology SIC Standard Industrial Classification SIP State Implementation Plan SO2 Sulfur Dioxide tpy Tons Per Year VOC Volatile Organic Compound United States Environmental Protection Agency OMB No.2060-0258 Acid Rain Program Approval expires 11/30/2012 Acid airy Permit Application For more information,see instructions and 40 CFR 72.30 and 72.31. This submission is: new revised X for Acid Rain permit renewal STEP 1 identify the facility name, NCEMC Anson Plant NC 56249 State, and plant (OBIS) Facility Source Name State Plant Code code. STEP 2 a b Enter the unit ID# Unit ID# Unit Will Hold Allowances for every affected in Accordance with 40 CFR 72.9(c)(1) unit at the affected source in column "a." ES1-A Yes ES1-B Yes ES2-A Yes ES2-B Yes ES3-A Yes ES3-B Yes ES4-A Yes ES4-B Yes ES5-A Yes ES5-B Yes ES6-A Yes ES6-B Yes EPA Farm 7610-16(Revised 12-2009) NCEMC Anson Plant Acid Rain - Page 2 Facility Source Name from STEP 1 Permit Requirements STEP 3 (1) The designated representative of each affected source and each affected unit at the source shall: Read the standard (i) Submit a complete Acid Rain permit application (including a compliance requirements. plan) under 40 CFR part 72 in accordance with the deadlines specified in 40 CFR 72.30; and (ii) Submit in a timely manner any supplemental information that the permitting authority determines is necessary in order to review an Acid Rain permit application and issue or deny an Acid Rain permit; (2) The owners and operators of each affected source and each affected unit at the source shall: (i) Operate the unit in compliance with a complete Acid Rain permit application or a superseding Acid Rain permit issued by the permitting authority; and (ii) Have an Acid Rain Permit. Monitoring Requirements (1) The owners and operators and, to the extent applicable, designated representative of each affected.source and each affected unit at the source shall comply with the monitoring requirements as provided in 40 CFR part 75. (2) The emissions measurements recorded and reported in accordance with 40 CFR part 75 shall be used to determine compliance by the source or unit, as appropriate, with the Acid Rain emissions limitations and emissions reduction requirements for sulfur dioxide and nitrogen oxides under the Acid Rain Program. (3) The requirements of 40 CFR part 75 shall not affect the responsibility of the owners and operators to monitor emissions of other pollutants or other emissions characteristics at the unit under other applicable requirements of the Act and other provisions of the operating permit for the source. Sulfur Dioxide Requirements (1) The owners and operators of each source and each affected unit at the source shall: (i) Hold allowances, as of the allowance transfer deadline, in the source's compliance account (after deductions under 40 CFR 73.34(c)), not less than the total annual emissions of sulfur dioxide for the previous calendar year from the affected units at the source; and (ii) Comply with the applicable Acid Rain emissions limitations for sulfur dioxide. (2) Each ton of sulfur dioxide emitted in excess of the Acid Rain emissions limitations for sulfur dioxide shall constitute a separate violation of the Act. (3) An affected unit shall be subject to the requirements under paragraph (1) of the sulfur dioxide requirements as follows: (i) Starting January 1, 2000, an affected unit under 40 CFR 72.6(a)(2); or (li) Starting on the later of January 1, 2000 or the deadline for monitor certification under 40 CFR part 75, an affected unit under 40 CFR 72.6(a)(3). EPA Form 7610-16(Revised 12.2009) NCEMC Anson Plant Acid Rain - Page 8 Facility Source Name from STEP 1 Sulfur Dioxide Requirements, Cont'd. STEP 3, Cont'd. (4) Allowances shall be held in, deducted from, or transferred among Allowance Tracking System accounts in accordance with the Acid Rain Program. (5) An allowance shall not be deducted in order to comply with the requirements under paragraph (1) of the sulfur dioxide requirements prior to the calendar year for which the allowance was allocated. (6) An allowance allocated by the Administrator under the Acid Rain Program is a limited authorization to emit sulfur dioxide in accordance with the Acid Rain Program. No provision of the Acid Rain Program, the Acid Rain permit application, the Acid Rain permit, or an exemption under 40 CFR 72.7 or 72.8 and no provision of law shall be construed to limit the authority of the United States to terminate or limit such authorization. (7) An allowance allocated by the Administrator under the Acid Rain Program does not constitute a property right. Nitrogen Oxides Requirements The owners and operators of the source and each affected unit at the source shall comply with the applicable Acid Rain emissions limitation for nitrogen oxides. Excess Emissions Requirements (1) The designated representative of an affected source that has excess emissions in any calendar year shall submit a proposed offset plan, as required under 40 CFR part 77. (2) The owners and operators of an affected source that has excess emissions in any calendar year shall: (i) Pay without demand the penalty required, and pay upon demand the interest on that penalty, as required by 40 CFR part 77; and (ii) Comply with the terms of an approved offset plan, as required by 40 CFR part 77. Recordkeeping and Reporting Re uirements (1) Unless otherwise provided, the owners and operators of the source and each affected unit at the source shall keep on site at the source each of the following documents for a period of 5 years from the date the document is created. This period may be extended for cause, at any time prior to the end of 5 years, in writing by the Administrator or permitting authority: (i)The certificate of representation for the designated representative for the source and each affected unit at the source and all documents that demonstrate the truth of the statements in the certificate of representation, in accordance with 40 CFR 72.24; provided that the certificate .and documents shall be retained on site at the source beyond such 5-year period until such documents are superseded because of the submission of a new certificate of representation changing the designated representative; EPA Form 7610-16(Revised 12-2009) NCENIC Anson Plant Acid Rain - Page 4 Facility Source Name from STEP 1 Recordkeeping and Reporting Reguirernents, Cont`d. STEP 3, Cont`d. (ii) All emissions monitoring information, in accordance with 40 CFR part 75, provided that to the extent that 40 CFR part 75 provides for a 3-year period for recordkeeping, the 3-year period shall apply. (iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under the Acid Rain Program; and, (iv) Copies of all documents used to complete an Acid Rain permit application and any other submission under the Acid Rain Program or to demonstrate compliance with the requirements of the Acid Rain Program. (2) The designated representative of an affected source and each affected unit at the source shall submit the reports and compliance certifications required under the Acid Rain Program, including those under 40 CFR part 72 subpart I and 40 CFR part 75. Liabill (1) Any person who knowingly violates any requirement or prohibition of the Acid Rain Program, a complete Acid Rain permit application, an Acid Rain permit, or an exemption under 40 CFR 72.7 or 72.8, including any requirement for the payment of any penalty owed to the United States, shall be subject to enforcement pursuant to section 113(c) of the Act. (2) Any person who knowingly makes a false, material statement in any record, submission, or.report under the Acid Rain Program shall. be subject to criminal enforcement pursuant to section 113(c) of the Act and 18 U.S.C. 1001. (3) No permit revision shall excuse any violation of the requirements of the Acid Rain Program that occurs prior to the date that the revision takes effect. (4) Each affected source and each affected unit shall meet the requirements of the Acid Rain Program. (5) Any provision of the Acid Rain Program that applies to an affected source (including a provision applicable to the designated representative of an affected source) shall also apply to the owners and operators of such source and of the affected units at the source. (6) Any provision of the Acid Rain Program that applies to an affected unit (including a provision applicable to the designated representative of an affected unit) shall also apply to the owners and operators of such unit. (7) Each violation of a provision of 40 CFR parts 72, 73, 74, 75, 76, 77, and 78 by an affected source or affected unit, or by an owner or operator or designated representative of such source or unit, shall be a separate violation of the Act. Effect on Other Authorities No provision of the Acid Rain Program, an Acid Rain permit application, an Acid Rain permit, or an exemption under 40 CFR 72.7 or 72.8 shall be construed as: (1) Except as expressly provided in title IV of the Act, exempting or excluding the owners and operators and, to the extent applicable, the designated representative of an affected source or affected unit from compliance with any other provision of the Act, including the provisions of title I of the Act relating EPA Form 7610-16(Revised 12-2009) NCEMC Anson Plant Acid Rain - Page 5 Facility Source Name from STEP 1 = ,F f.w Effect on Other Authorities, Cont d. to applicable National Ambient Air Quality Standards or State Implementation Plans; STEP 3, Cont'd. (2) Limiting the number of allowances a source can hold; provided, that the number of allowances held by the source shall not affect the source's obligation to comply with any other provisions of the Act; (3) Requiring a change of any kind in any State law regulating electric utility rates and charges, affecting any State law regarding such State regulation, or limiting such State regulation, including any prudence review requirements under such State law; (4) Modifying the Federal Power Act or affecting the authority of the Federal Energy Regulatory Commission under the Federal Power Act; or, (5) Interfering with or impairing any program for competitive bidding for power supply in a State in which such program is established. Certification I am authorized to make this submission on behalf of the owners and operators of the affected source or affected units for which the submission is STEP 4 made. I certify under penalty of law that I have personally examined, and am Read the familiar with, the statements and information submitted in this document and certification all its attachments. Based on my inquiry of those individuals with primary statement, responsibility for obtaining the information, I certify that the statements and sign, and date. 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. Name Mr. Terry Ran ~; --7 7 Si nature° 'i Dates � I EPA Form 7616-16(Revised 12-2668) Clean Air Interstate Rine (CAIR) Permit Application for Administrative Amendment to Title V Permit to Add CAIR Budget Trading Part For more information,see instructions and refer to 40 CFR 96.121,96.122,96.221,96.222,96.321 and 96.322;and 15A NCAC 2D.2406. This submission Is: ®New ❑Revised ❑Renewal Page 1 STEP 1 Identify the source by Legal Corporate f Owner Name North Carolina Electric 111 bership Corporation JNCEM filling in the requested data. Site Address 749 Blewen Falls Rd City Lilesville Zip Code 28091 STEP 2 Plant Name Anson Plant County Anson ORISIPIant Code 56249 In column"e"enter the unit Title 1/Permit No. NA TV Rev. NA NC Facility ID 09492 ID#for every CAIR unit at the CAIR source. Facility Inspection Contact Shawn Fowler 1 Director, Permit Technical Contact: June Small Engineering&Technical Field Services In columns"b","c",and Address: 3400 Sumner Blvd,Raleigh NC Address: 749 Biewett Falls Rd,Liiesvllle,NC "d"indicate to which Phone No. 919-875-3116 Phone No. (919)971-7627 CAIR program(s)each Fax No.919-645-3437 Fax No.(919)645-3437 unit is subject by placing email: june.small@nce-mcs.com emaii: shown.fowler®ncemcs.com an"X"in the column(s), For new units,enter the a b c d e f requested Information in columns"e"and"f'. Unit ID# Unit will hold Unit will hold Unit will hold nitrogen oxides NOx Ozone New Units (NOx) sulfur dioxide Season Expected New Units (SOz)allowances Expected Monitor allowances in in accordance allowances in Commence Certification accordance with yyfth 40 CFR accordance with Commercial Deadline 40 CFR ss.2os(c)(1) 40 CFR Operation Date 9fi.106(c)(1) 96.306(c)(1) ES-1 A X X X January 23,2007 July 22,2007 ES-1 B X X X January 23,2007 July 22,2007 ES-2A X X X January 24,2007 July 23,2007 ES-2B X X X January 24,2007 July 23,2007 ES-3A X X X February 12,2007 August 11,2007 ES-313 X X X February 12,2007 August 11,2007 ES4A X X X February 13,2007 August 12,2007 ES413 X X X February 13,2007 August 12,2007 ES-SA X X X April 23,2007 October 20,2007 ES-513 X X X April 23,2007 October 20,2007 ES-6A X X X April 24,2007 October 21,2007 ES-68 X X X April 24,2007 October 21,2007 CAIR Part-Page 2 North Carolina Electric Membership Corporation-Anson Plant STEP 3 CAIR NOx ANNUAL TRADING PROGRAM CAIR Pait Requirements. Read the; standard (1) The CAIR designated representative of each CAIR NOx source required to have a Title V operating permit or air construction permit, requirements. and each CAIR NOx unit required to have a'Title V operating permit or air construction pemtft at the source shall (I)Submit to the DAQ a complete and certified CAIR part form under 40 CFR part 96.122 and 15A NCAC 2D.2406;and (ii)[Reservedi; (2} The owners and operators of each CAIR NOx source required to have a Title V operating permit or air construction permit,and each CAIR NOx unit required to have a Title V operating permit or air construction permit at the source shall have a CAIR Part Included in the Title V operating permit or air construction permit issued by the Director and operate the source and the unit in compliance with such CAIR Part. Monitoring,Reporting.and Recordkeeping Requirements. (1)The owners and operators,and the CAIR designated representative,of each CAIR NOx source and each CAIR NOx unit at the source shall comply with the monitoring,reporting,and recordkeeping requirements of 40 CPR part 96 subpart HH and 15A NCAC 2t].2407 (2)The emissions measurements recorded and reported In accordance with 40 CFR pert 96 subpart HH shall be used to determine compliance by each CAIR NOx source with the following CAIR NOx Emissions Requirements. NOx Emission Requirements. (1)As of the allowance transfer deadline for a control period,the owners and operators of each CAIR NOx source and each CAIR NOx unit at the source shall hold,In the source's compliance account,CAIR NOx allowances available for compliance deductions for the control period under 40 CFR 96.154(a)in an amount not less than the tons of total NOx emissions for the control period from all CAIR NOx units at the source, as determined In accordance with 40 CFR part 96 subpad HH. (2)A CAIR NOx unit shall be subject to the requirements under paragraph(1)of the NOx Requirements starting on the later of January 1,2009 or the deadline tor meeting the units monitor certification requirements under 40 CFR 96.17((b)(1)or(2)and for each control period thereafter. (3)A CAIR NOx allowance shall not be deducted,for compliance with the requirements under paragraph(1)of the NOx Requirements,for a control period in a calendar year before the year for which the CAIR NOx allowance was allocated. (4)CAIR NOx allowances shall be hstd in,deducted from,or transferred into or among CAIR NOx Allowance Tracking System accounts in accordance with 40 CPR part 96 subparts FF and GO, (5)A CAIR NOx allowance is a limited authorization to emit one ton of NOx In accordance with the CAIR NOx Annual Trading Program.No provision of the CAIR NOx Annual Trading Program,the CAIR Part,or an exemption under 40 CFR 96.105 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. (6)A CAIR NOx allowance does not constitute a property right. (7)Upon recordation by the Administrator under 40 CFR part 96 subpart EE,FF,or GO,every allocation,transfer,or deduction of a CAIR NOx allowance to or from a CAIR NOx units compliance account is incorporated automatically in any CAIR Part of the source that includes the CAIR NOx unit. Excess Emissions Requirements. If a CAIR NOx source emits NOx during any control period In excess of the CAIR NOx emissions limitation,then: (1)The owners and operators of the source and each CAIR NOx unit at the source shall surrender the CAIR NOx allowances required for deduction under 40 CPR 96.154(d)(1)and pay any fine,penalty,or assessment or comply with any other remedy Imposed,for the same violations,under the Clean Air 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 40 CFR part 96 subpart AA, the Clean Air Act,and applicable State law. Recordkeeping and Repotting Requirements. (1)Unless otherwise provided,the owners and operators of the CAIR NOx source and each CAIR NOx unit at the source shall keep on site at the source each of the following documents for a period of 5 years from the date the document is created.This period may be extended for cause,at any time before the end of 5 years,in wdting by the Director or the Administrator. (1)The certificate of representation under 40 CFR 96.113 for the CAIR designated representative for the source and each CAiR NOx 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 atthe source beyond such 5-year period until such documents are superseded because of the submission of a new certificate of representation under 40 CPR 96.113 changing the CAIR designated representative. (H)All emissions monitoring information,in accordance with 40 CFR part 96 subpart HH of this part,provided that to the extent that 40 CFR part ge subpart HH provides for a 3-year period for recordkeeping,the 3-year period shall apply. (W)Copies of all reports,compliance certifications,and other submissions and all records made or required under the CAIR NOx Annual Trading Program. (tv)Copies of all documents used to complete a CAIR Part form 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. (2)The CAIR designated representative of a CAIR NOx source and each CAIR NOx unit at the source shall submit the reports required under the CAIR NOx Annual Trading Program,including those under 40 CFR part 96 subpart HH. CAIR Part-Page 3 North Carolina Electric Membership Corporation-Anson Plant STEP 3, Continued f_iabi]i . (1)Each CAIR NOx source and each CAIR NOx unit shah meet the requirements of the CAIR NOx Annual Trading Pmgram. (2)Any provision of the CAIR NOx Annual Trading Program that applies to a CAIR NOx source or the CAIR designated representative of a CAIR NOx source shall also apply to the owners and operators of such source and of the CAIR NOx units at the source. (3)Any prow€sion of the CAIR NOx Annual Trading Program that applies to a CAIR NOx unit or the CAIR designated representative of a CAIR NOx unit shall also apply to the owners and operators of such unit. Effect on Other Authorities. No provision of the CAIR NOx Annual Trading Program,a CAIR Part,or an exemption under 40 CFR 96.105 shall be construed as exempting or excluding the owners and operators,and the CAIR designated representative,of a CAIR NOx source or CAIR NOx unit from compliance with any other provision of the applicable,approved State implementation plan,a federally enforceable pormA,or the Clean Air Act. CAIR SOs TRADING PROGRAM CAIR Part Requirements. (1)The CAIR designated representative of each CAIR SOz source required to have a T€be V operating permit or air constructlon permit,and each CAIR S02 unit required to have a Title V operating permit or air construction permit at the source shall: (1)Submit to the DAQ a complete and certified CAIR part form under 40 CFR part 96.222 and 15A NCAC 213.2409;and (€€)[Reserved]; (2) The owners and operators of each CAIR S02 source required to have a Title V operating permit or air construction permit,and each CAIR S02 unit required to have a Title V operating permit or air construction permit at the source shall have a CAIR Part Included in the Title V operating parmit or air construction permit issued by the Director under 40 CFR part 96 subpart CCC for the source and operate the source and each CAIR unit in compliance with such CAIR Part. Monitorina. Reporting,and Recordkeepina Requirements. (1)The owners and operators,and the CAIR designated representative,of each CAIR SOz source and each S02 CAIR unit at the source shall comply with the monitoring,reporting,and recordkeeping requirements of 40 CFR part 96 subpart HHH and 15A NCAC 2D.2407 (2)The emissions measurements recorded and reported in accordance with 40 CFR part 96 subpart HHH shall be used to determine compliance by each CAIR S02 source with the following CAIR S02 emission Requirements. SOx Emission Requirements. (1)As of the allowance transfer deadline for a control period,the owners and operators of each CAIR S02 source and each CAIR S02 unit at the source shall hold,In the source's compliance account,a tonnage equ valent in CAIR S02 allowances available for compliance deductions for the control period,as determined in accordance with 40 CFR 96.254(a)and(b),not less than the tons of total sulfur dioxide emissions for the control period from all CAIR S02 units at the source,as determined In accordance with 40 CFR part 96 subpart HHH, (2)A CAIR S02 unit shall be subject to the requirements under paagraph(1)of the Sulfur Dioxide Emission Requirements starting an the later of January 1,2010 or the deadline for meeting the unit's monitor certification requirements under 40 CFR 96.270(b)(1)or(2)and for each control period thereafter, (3)A CAIR 802 allowance shelf not be deducted,for compliance with the requirements under paragraph(1)of the SO2 Emission Requirements,for a control period in a caiendaryear before the year for which the CAIR S0z allowance was allocated. (4)GAIR S02 allowances shall be held in,deducted from,or transferred into or among CAIR SOz Allowance Tracking System accounts in accordance with 40 CFR part 96 subparts FFF and GGG. (5)A CAIR SO2 allowance's a limited authorization to emit sulfur dioxide in accordance with the CAIR SOz Trading Program.No provision of the CAIR S02 Trading Program,the CAIR Part,or an exemption under40 CFR 96.205 and no provision of law sha33 be construed to limit the authority of the State or the United States to terminate or limit such authorization. (6)A CAIR$02 airowance does not constitute a proparty right. (7)Upon recordation by the Administrator under 40 CFR part 96 subpart FFF or GGG,every allocation,transfer,or deduction of a CAIR S02 allowance to or from a CAIR S02 unit's compliance account is incorporated automatically In any CAIR Part of the source that includes the CAIR S02 unit. Excess Emissions Requirements. if a CAIR S02 source emits SOzduhng any control period in excess of the CAIR SOz emissions limitation,then: (1)The owners and operators of the source and each CAIR SOz unit at the source shall surrender the CAIR S02 allowances required for deduction under 40 CFR 96.254(d)(1)and pay any tine,penalty,or assessment or comply with any other remedy Imposed,for the same violations,under the Clean Air 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 40 CFR part 96 subpart AAA,the Clean Air Act,and applicable State law. LAIR Part-Page 4 Worth Carolina Electric Membership Corporation—Anson Plant Recordkeeping and Reporting Requirements. (1)Unless otherwise provided,the owners end operators of the CAIR S02 source and each CAIR S02 unit at the source shall keep on site at the source each of the following documents for a period of 5 years from the date the document is created.This period may be extended for cause,at any time before the end of 5 years,in writing by the Director or the Administrator. STEP 3, (1)The certificate of representation under40 CFR 96,213 forthe CAIR designated representative for the source and each CAM SOz unit at the Continued 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 5-year period unbi such documents are superseded because of the submission of a new certificate of representation under 40 CFR 96.213 changing the CAIR designated representative_ (il)All omissions monitoring information,In accordance with 40 CFR part 96 subpart HHH of this part,provided that to the extent that 40 CFR part Be subpart HHH provides for a 3-year period for recordkeeping,the 3-year period shell apply. (ill)Copies of all reports,compliance certlficaticns,and other submissions and al}records made or required under the CAIR S02 Trading Program. (€v) Copies of all documents used to complete a CAIR Part form and any other submission under the CAIR S02 Trading Program or to demonstrate compliance with the requirements of the CAIR S02 Trading Program. (2)The CAIR designated representative of a CAIR SOP source and each CAIR S02 unit at the source shell submit the reports required under the CAIR S02 Trading Program,including those under40 CFR part 96 subpart HHH. liability, (1)Each CAIR S02 source and each CAIR S02 unft shall meet the requirements of the CAIR S02 Trading Program. (2)Any provision of the CAIR S02 Trading Program that applies to a CAIR S02 source or the CAIR designated representative of a CAIR SO2 source shall also apply to the owners and operators of such source and of the CAIR S02 units at the source. (3)Any provision of the CAIR S02 Trading Program that applies to a CAIR SOP unit or the CAIR designated representative of a CAIR S02 unit shall also apply to the owners and operators of such unit. Effect on Other Authorities. No provision of the CAIR S02 Trading Program,a CAIR Part,or an exemption under 40 CFR 96.205 shall be construed as exempting or excluding the owners and operators,and the CAIR designated representative,of a CAIR SOz source or CAIR S02 unit from compliance with any other provision of the applicable,approved State implementation plan,a federally enforceable permit,orthe Clean Air Act. CAIR NOx OZONE SEASON TRADING PROGRAM CAIR Part Requirements. (1)The CAIR designated representative of each CAIR NOx Ozone Season source required to have a Title V operating permit or air construction permit,and each CAIR NOx Ozone Season unit required to have a Title V operating permit or air construction permit at the source shall: (f)Submit to the DAQ a complete and certified CAIR part form under 40 CFR part 96.322 and 15A NCAC 20.2408;and (ii)[Reserved); (2)The owners and operators of each CAIR NOx Ozone Season source required to have a Title V operating permit or air construction permit, and each CAM NOx Ozone Season unit required to have a Title V operating permit or air construction permit at the sourca shall have a CAIR Part included In the Title V operating permit or air construction permit Issued by the Director under 40 CFR part 96 subpart CCCC for the source and operate the source and the unit in compliance with such CAIR Part. Monitoring, Reporting,and Recordkeeging Requirements, (1)The owners and operators,and the CAIR designated representative,of each CAIR NOx Ozone Season source and each CA1R NOx Ozone Season unit at the source shall comply with the monitoring,reporting,and recortkeeping requirements of 40 CFR part 96 subpart HHHH and 1 SA NCAC 2D.2407 (2)The emissions measurements recorded and reported in accordance with 40 CFR part 96 subpart HHHH shall be used to determine compliance by each CAIR NOx Ozone Season source with the following CAIR NOx Ozone Season Emissions Requirements. NOx Ozone Season Emission Requirements. (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 shaii hold,in the source's compliance account,CAIR NOx Ozone Season allowances available for compliance deductions for the control period under 40 CFR 96.354(a)in an amount not less than the tons of total NOx emissions for the control period from all CAIR NOx Ozone Season units at the source,as determined in accordance with 4C CFR part 96 subpart HHHH. (2)A CAIR NOx Ozone Season unit shall be subject to the requirements under paragraph(1)of the NOx Ozone Season Emission Requirements starting on the later of May 1,2009 or the deadline for mooting the unit's monitor certltication requirements under 40 CFR 96.370(b)(1),(2),or(3)and for each control period thereafter. (3)A CAIR NOx Ozone Season allowance shall not be deducted,for compliance with the regWrements under paragraph(1)of the NOx Ozone Season Emission Requirements,for a central period in a calendar year before the year for which the CAIR NOx Ozone Season allowance was allocated. (4)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 40 CFR part 96 subparts FFFF and GGGG, (5)A CAIR NOx Ozone Season allowance is a limited authorization to emit one ton of NOx in accordance with the CAIR NOx Ozone Season Trading Program.No provision of the CAIR NOx Ozone Season Trading Program,the CAIR Part,or an exemption under 40 CFR 96.305 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. (6)A CAM NOx Ozone Season allowance does not constitute a property right, (7)Upon recordation by the Administrator under 40 CFR pan 96 subpart EEEE,FFFF or GGGG,every allocation,transfer,or deduction of a CAIR NOx Ozone Season allowance to orfrom a CAIR NOx Ozone Season units compliance account is incorporated automatically in any CAIR Part of the source that includes the CAIR NOx Ozone Season unit. CAIR Part-Page 5 North Carolina Electric Membership Corporation—Anson Plant Excess Emissions Requirements. If a CAIR NOx Ozone Season source emits NOx during any control period In excess of the CAIR NDx Ozone Season emissions limltatien, 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 STEP 3, Season allowances required for deduction under 40 CFR 96.354(d)(1)and pay any fine,penalty,or assessment or comply with arty other remedy Imposed,for the same violations,under the Clean Air Act or applicable State law,and Continued (2)Each ton of such excess emissions and each day of such control period shall constitute a separate violation of 40 CFR part 96 subpart AAAA,the Clean Air Act,and applicable State law. Recordkeeping and Reporting Requirements. (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 5 years from the date the document fs created.This period may be extended for cause,at any time before the and of 5 years,in writing by the Director or the Administrator. (1)The certificate of representation under 40 CFR 96.313 for the LAIR designated representative far the source end each CAIR NOx Ozone Season unit at the source end 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 5-year period until such documents are superseded because of the submission of a new certificate of representation under 40 CFR 96.113 changing the CAIR designated representative. (If)All emissions monitoring Information,In accordance with 40 CFR part 96 subpart HHHH of this part,provided that to the extant that 40 CFR part 96 subpart HHHH provides for a 3-year period for recardkeeping,the 3-year period shall apply. (lii)Copies of all reports,compliance certifications,and other submissions and all records made or required underthe CAIR NOx Ozone Season Trading Program. (iv) Copies of all documents used to complete a CAIR Part forth and any other submission under the CAIR NOx Ozone Season Trading Program or to demonstrate compliance with the requirements of the CAIR NOx Ozone Saason Trading Program. (2)The CAIR designated representative of a CAIR NOx Ozone Season source and each CAIR NOx Ozone Season unit at the source shall submit the reports required under the CAIR NOx Ozone Season Trading Program,Including those under 40 CFR part 95 subpart HHHH. Liability. (1)Each CAIR NOx Ozone Season source and each CAIR NOx Ozone Season unit shall meet the requirements of the CAIR NOx Ozone Season Trading Program. (2)Any provision of the CAR NOx Ozone Season Trading Program that applies to a CAIR NOx Ozone Season source or the CAIR designated representative of a CAIR NOx Ozone Season source shall also apply to the owners and operators of such source and of the CAIR NOx Ozone Season units at the source. (3)Any provision of the CAIR NOx Ozone Season Trading Program that applies to a CAIR NOx Ozone Season unit or the CAIR designated representative of a CAIR NOx Ozone Season unit shall also apply to the owners and operators of such unit. Effect on Other Authorities. No provision of the CAIR NOx Ozone Season Trading Program,a CAIR Part,or an exemption under 40 CFR 96.305 shall be construed as exempting or excluding the owners and operators,and the CAIR designated representative,of a CAIR NOx Ozone Season source or CAIR NOx Ozone Season unit from compliance with any other prevision of the applicable,approved State implementation plan,a federally enforceable permit,or the Clean Air Act. STEP 4 Certification(for designated representative or alternate designated representative only) Read the I am authorized to make this submission on behalf of the owners and operators of the CAIR source or CAIR 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 certification document and all its attachments.Based on my Inquiry of those Individuals with primary responsibility for obtaining the information,I certifythat statement;provide the statements and Information are to the best of my knowledge and belief true,accurate,and complete. I-am aware that there are significant name,title,owner penalties for submitting false statements and Information or omittlrg required statements and information,Including the possibility of fine or company name, Imprisonment phone,email address;sign,and date. Name June Small Title Director of Environmental Affairs Owner Name Company North Carolina Electric MembershiE Corporation (NCEMC) Phone 919-8753116 Email Address 'une.small@ncemes.com T Signature Date