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HomeMy WebLinkAboutAQ_F_0900043_20120508_PRMT_Permit �� NCDENR North Carolina Department of Environment and Natural Resources Division of Air Quality Beverly Eaves Purdue Slieila C. Holman Dee Freeman Governor Director Secretary May 8, 2012 Mr. Benjamin L. Ethridge, Jr. Vice President Elizabethtown Energy, LLC 2705 Bee Caves Road, Suite 340 Austin, TX 78746 Dear Mr. Etheridge, Jr.: SUBJECT: Air Quality Perniiit No. 05455 T I7 Facility ID: 0900043 Elizabethtown Energy, LLC Elizabethtown Bladen County Fee Class: Title V In accordance with your conipleted Air Quality Permit Application for a PSD modification of a Title V Permit received September 3, 2010, we are forwarding herewith Air Quality Pernut No. 05455T17 to Elizabethtown Energy, LLC, 3100 West Broad Street, Elizabethtown, North Carolina, authorizing the construction and operation, of (lie 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 Adminis(rative Code 2Q .0503(8) have been listed for informational purposes as an "ATTACHMENT." Please note the requirements for the annual coinpliancc 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. The Permittce shall file a Title V Air Quality Perinit Application pursuant to 15A NCAC 2Q .0504 for burning of non-CISWI subject wood and modifications of over-fire air systems in boilers (ID Nos. ES-IA and ES-1B), modifications of bagfilters (ID Nos. CD-IA, CDAB), installation of multiclones (ID Nos. CD-IA2 and CD-1B2), selective non-catalytic reduction systems (ID Nos. CD-IA3 and CD-IB3) and dry sorbent injection systems (ID Nos. CD-IA4 and CD-1B4), installation of aqueous ammonia storage tank (ID No. ES-15), and modifications of flyash silo (ID No. ES-3) and bagfilter (ID No. CD-3), on or before 12 months after commencing operation. Permitting Section One 1641 Mail Service Center,Halelgh, north Carolina 27699-1641 217 West Jones Street,Aaleigh,Norllt Carolina 27603 NorthCarolina Prone: 919-707-8405 I FAX 919.715.07171 Internel: www,ncair.org An Equal Opportunity/Affirmative Action Employer—50%Recyded110%Post Consumer Paper ;Vaturally hir. Benjamin L. Ethridge, Jr. May 8, 2012 Page 2 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. 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 forgo 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 27699-1641. 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 roust 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 150E-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 roust be covered under an Air Quality Permit issued by the Division of Air Quality prior to construction unless the Permiee 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 Permitee to civil or criminal penalties as described in GS 143-215.114A and 143-215.114B. For PSD increment tracking purposes, PM-10 and PM-2,5 emissions have increased by 1.0 lbs/hr and 1.1 lbs/hr, respectively. In addition, SO2 and NOx emissions have decreased by 184.7 lbs/hr and 17.9 lbs/hr, respectively. In addition, specific changes and additions as summarized in the attachment below have been made to the permit (note: this list may not include all changes and additions). Mr. Benjamin L. Ethridge, Jr. May 8, 2012 Page 3 This Air Quality Permit shall be effective from May 8, 2012 until December 31, 2016, is nontransferable to fiiture owners and operators, and shall be subject to the conditions and limitations as specified therein. Should you have any questions concerning this matter, please contact Rahul P. Thaker, P.E., QEP, at (919) 707-8740. neety rs, Do R. van der Vaart, Ph.D., J.D., P.E. Chief Enclosure c: Gregg Worley, EPA Region 4 Fayetteville Regional Office Central Files Elizabethtown Energy, LLC Attachment Insignificant Activities pursuant to 15A NCAC 2Q .0503(8) Source ID No. Emission Source Description IES-2 one diesel fuel oil storage tank IES-3 one lire pump fuel oil storage tank IES-4 one solvent parts cleaner IES-5 one turbine tube oil tank vent IES-6 one cooling tower IES-7 tire shredders IES-8 truck dumper No, 1 for receiving biomass ftiel IES-9 truck dumper No. 2 for receiving biomass fuel IES-10 fuel storage piles IES-11 fuel material handling including conveyors, front-end loader/dozer and other vehicular traffic in the fuel yard IES-12 paved roads IES-13 one sorbent silo IES-14 one bottom and sifting ash bunker IES-UNPVDRD unpaved roads Elizabethtown Energy, LLC Attachment The following changes were made to the Elizabethtown Energy, LLC Air Permit No. 05455TI6: Old Page No. New Page No. Condition No. Changes [Air Quality [Air Quality Permit No. Permit No. 05455T16] 05455T17] Insignificant Insignificant Attachment to the Include the following new insignificant Activities Activities Cover Letter activities: thick dumper No. 1 for receiving Table Table biomass fizel (IES-3), truck dumper No. 2 for receiving biomass fuel (IES-9), fuel storage piles (IES-10), fuel material handling including conveyors, front-end loader/dozer and other vehicular traffic in the fuel yard (TES-11), one sorbent silo (IES-13) and one bottom and sifting ash bunker(IES-14). Change the ID number for existing paved roads from IES-PVDRD to (IES-12. Move insignificant activity IES-1 (340 HP diesel fired emergency fire pump) from the coven letter attachment to the Section 1Table and label it as ES-1. 3 3 Section 1 Table Modify the descriptor for boilers to include approval for burning of"non-CISWI subject wood" and over-fire air systems. Remove ROFA and ROTAMIX control technology equipment associated with boilers. Modify descriptor for baghouses associated with boilers to state "3.26:1 air-to-cloth ratio'. Include new control devices for boilers: two selective non-catalytic reduction systems, two multiclones and two dry sorbent injection systems. Modify descriptor for CD-3 to state "400 square feet of filter area". Include new 7100 gallons aqueous,ammonia storage tank. Remove existing source ES-7 and associated control device CD-7. 4 4 Section 2.1 A. Modify the descriptor for boilers (ES-IA and ES-1B) to exclude ROFA and ROTAMIX control equipment, and to include two selective non-catalytic reduction systems, two multiclones, and two dry sorbent injection systems. 4 4 Section 2.1 A. Clarify the existing emissions limits under 2D Table .0501(e) for PM, S02,NOx and CO, apply only when burning coal. Clarify the existing emissions limits under 2D .0530 for PM, S02, NOx and CO, apply only when burning coal. Include new emissions limits for CO and sulfuric acid mist under 2D .0530 when burning non-CISWI subject wood. Include new emissions limits for PMIO/PM2.5, S02, NOx, VOC and Hg under Senate Bill 3, when burning non-CISWI subject wood. Include new applicable requirements under 2D .0504, .1100 and .I 111, and 2Q .0317 and .0711. 6 Section 2.1 A. 2. Include this new applicable requirement under 2D .0504. - 11 Section 2.1 A. 6. Include new PSD requirements for CO and sulfuric acid mist when firing non-CISWI subject wood. 10 22 Section 2.1 A.7. Move this existing requirement under 2Q .0700 and consolidate it in a new Section 2.2 A.3. - 12 Section 2.1 A. 7. Include this new requirement under Senate Bill 3 for PM1 O/PM2.5, S02,NOx, VOC and Hg when burning non-CISWI subject wood. - 14 Section 2.1 A. 9. Include this new requirement for MACT 6J under 21) .l 111. 16 - Section 2.1 D. Remove this Section because the emission source is removed from the permit with this revision. - 18 Section 2.1 D. Include this new Section for aqueous arnmonia storage tank. 19 Section 2.1 E. Include this new Section for emergency fire pump. 20 Section 2.2 A.1. Include the new applicable requirement for 2D .1100. - 21 Section 2.2 A.2. Include the new applicable requirement for 2Q .0317 (MACT Avoidance) - 22 Section 2.2 A.3. Include the applicable requirement for 2Q .0711. 25 31 Section 3 Revise this General Condition JJ. Condition K State of North Carolina Department of Environment �+��� and Natural Resources NCDENII\"' Division of Air Qualily AIR QUALITY PERMIT Permit No. Replaces Permit No.(s) Eayc8, Date Expiration Date 05455T 17 05455T I6 012 December 31, 2016 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), Suhchapters 2D and 2Q,and other applicable Laws. Pursuant to Title 15A NCAC, Subchapter 2Q, the Permittee shall not consU'uct, 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: Elizabethtown Energy, LLC Facility ID: 0900043 Facility Site Location: 3100 West Broad Street City, County, State, Zip: Elizabethtown, Bladen County, North Carolina 28337 Mailing Address: P.O. Box 1063 City, State, Zip: Lumberton, North Carolina 28359 Application Number: 0900043.10A Complete Application Date: September 3, 2010 Primary SIC Code: 4911 Division of Air Quality, Fayetteville Regional Office Regional Office Address: 225 Green Street, Suite 714 Fayetteville, North Carolina 28301 rmit issued this tie May 8, 2012, om c R. van der Vaart, Ph.D., J.D., P.E. 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- Multiple Emission Source(s) Specific Limitations and Conditions (Including specific requirements, testing, monitoring, recordkeeping, and reporting requirements) 2.3- Phase II Acid Rain Permit Requirements SECTION 3: GENERAL PERMIT CONDITIONS ATTACHMENT List of Acronyms Acid Rain Permit Application dated November 8, 2011 CAIR Permit Application dated February 17, 2010 d . Air Quality Permit No. 05455TI7 Page 3 The Division of Air Quality(DAQ),the United States Environmental Protection Agency(EPA),and citizens as defined tinder the Federal Clean Air Act have the authority to enforce the terms, conditions, and limitations contained in Part I of this permit unless otherwise specified. Under Title 15A NCAC 2Q, the operation of emission source(s) and associated air pollution control device(s) and appurtenances listed in Part I of this pen-nit is based on plans, specifications, operating parameters, and other information as submitted in the Air Quality Permit Application, SECTION I- PERMITTED EMISSION SOURCE(S) AND ASSOCIATED AIR POLLUTION CONTROL DEVICE(S) AND APPURTENANCES The following table contains a summary of all permitted emission sources and associated air pollution control devices and appurtenances: Emission Soul-cc Emission Source Description Control Device Control Device Description ID No. 1D No. ES-IA and ES-1B two coal/natural gas/No.2 and No. 4 CD-IA3 and CD- two selective non-catalytic PSD fuel oil/tire derived fuel/pelletized paper IB3` reduction systems(300 lbs/hr CAM fuel/flyash briquette/non-CISWI' aqueous ammonia injection rate subject wood-fired steam,electric each) generating,boilers(215 million Btu per hour heat input each) including over-fire CD-IA2` and CD- two multiclones(132 Nos.tubes air systems` 1132` each, 9 inches in diameter each) CD-I A4`+and CD- two dry sorbent injection systems 1134" (50 lbs/hr sodium bicarbonate or sodium sesquicarbonate (trona) injection rate each) CD-IA* and CD- two bagfilters(each not to exceed lB' 3,26:1 air-to-cloth ratio) ES-2A and ES-213 two coal bunkers CD-2A and CD-213 two bagfilters(64 square feet of PSD filter area,each) ES-3 one fly ash silo with wet slurry pugutill CD-3 one silo binvent filter(400 square PSD for unloadhig feet of filter area) ES-4 one bottom ash silo with a retractable CD-4 one silo binvent filter(100 square PSD bulk unloading spout and enclosed vent feet of filter area) return ES-5A and ES-513 two ash system vacuum transport pumps CD-5E one simple cyclone(42 inches in PSD diameter)located on the bottom ash silo CD-51) one bagfilter(528 square feet of filter area) located on the fly ash silo 1 i CD-5C one simple cyclone(42 inches in diameter) located on the fly ash silo CD-5A &CD-513 two in-line filters(one per pump) ES-6 coal unloading/storage and transfer Wetsup wet suppression/chemical binder PSD I Conunercial/Industrial Solid Waste Incineration Air Quality Permit No. 05455TI7 Page 4 Emission Source Emission Source Description Control Device Control Device Description ID No. ID No. ES-15` one 7100 gallons aqueous ammonia None NIA storaae tank ES-1 one diesel tired 340 hp emergency fire None N/A pump These emission sources and control devices are listed as a 15A NCAC 2Q .0501(c)(2) modification (Application Number 0900043.1 OA). The Pe€mittee shall file a Title V Air Quality Permit Application on or before 12 months after commencing operation in accordance with General Condition NN.1. The permit shield described in General Condition R does not apply and compliance certification as described in General Condition P is not required. 1 Dry sorbent injection systems may be operated intermittently as necessary to maintain compliance with the applicable opacity standards. SECTION 2 - SPECIFIC LIMITATIONS AND CONDITIONS 2.1- Emission Source(s) and Control Devices(s) 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. Two coal/natural gas/No. 2 and No. 4 fuel oil/tire derived fuel/pelletized paper fuel/flyash briquette/non-CISWI subject wood-fired boilers including over-fire air systems (ID Nos. ES-1A and ES-113), and associated selective non-catalytic reduction systems (ID Nos. CD-IA3 and CD-1133), multiclones (ID Nos. CD-IA2 and CD-1132), dry sorbent injection systems (ID Nos. CD-IA4 and CD-1134) and bagfilters (ID Nos. CD-1A and CD-113) 71te following table provides a summary of limits and standards for the emission source(s)described above: Regulated Limits/Standards Applicable Regulation Pollutant particulate 0.23 pounds per million Stu heat input 15A NCAC 2D .0503 matter particulate 0.30 pounds per million Btu heat input 15A NCAC 2D .0504 matter sulfur dioxide 2.3 pounds per million Btu heat input 15A NCAC 2D .0516 visible 20 percent opacity 15A NCAC 21) .0521 emissions particulate When burning coal 15A NCAC 2D .050I(c) matter See Section 2.1 A.S.a. sulfur dioxide When burning coal 15A NCAC 2D .050l(e) See Section 2.1 A.S.b. nitrogen oxide When burning coal 15A NCAC 2D .0501(e) See Section 2.1 A.S.c. carbon When burning coal 15A NCAC 2D .0501(e) monoxide See Section 2.1 A.S.d. particulate When burning coal 15A NCAC 2D .0530 matter See Section 2.1 A.6.a. sulfur dioxide When burning coal 15A NCAC 2D .0530 See Section 2.1 A.6.b, nitrogen oxide When burning coal 15A NCAC 2D .0530 See Section 2.1 A.6.c. Air Quality Permit No. 05455T 17 Page 5 carbon When burning coal 15A NCAC 2D .0530 monoxide See Section 2.1 A.6.d. carbon When burning non-CISWI subject wood 15A NCAC 2D .0530 monoxide See Section 2.1 A.6.aa. sulfuric acid When burning non-CISWI subject wood 15A NCAC 2D .0530 mist See Section 2.1 A.6.aa. PM/PM,o When burning non-CISWI subject wood Senate Bill 3 (Session Law 2007-397) See Section 2.1. A.7.a. State-only Requirement PM,.3 When burning non-CISWI subject wood Senate Bill 3 (Session Law 2007-397) See Section 2.1. A.7.a. State-only Requirement S02 When burning non-CISWI subject wood Senate Bill 3 (Session Law 2007-397) See Section 2.1. A.7.a. State-only Requirement NOx When burning non-CISWI subject wood Senate Bill 3 (Session Law 2007-397) See Section 2.1. A.7.a. State-only Requirement VOC When burning non-CISWI subject wood Senate Bill 3 (Session Law 2007-397) See Section 2.1.A.7.a. State-only Requirement Hg When burning non-CISWI subject wood Senate Bill 3 (Session Law 2007-397) See Section 2.1.A.7.a. State-only Requirement PM, Compliance Assurance Monitoring 15A NCAC 2D .0614 See Section 2.1 A.S. [40 CFR 64] toxic air See Section 2.2 A.1. 15A NCAC 2D.I 100 pollutants State-only Requirement hazardous air See Section 2.1 A.9. 15A NCAC 2D .1111 pollutants [40 CFR 63 Subpart JJJJJJ] nitrogen Clean Air Interstate Rule(CAIR)Permit 15A NCAC 2D .2403, .2404 and .2405 oxides and Requirements sulfur dioxide See Section 2.4 hazardous air See Section 2.2 A.2. 15A NCAC 2Q .0317 pollutants [1VIACT Avoidance] sulfur dioxide Phase II Acid Rahi Permit Requirements 15A NCAC 2Q .0402 and nitrogen See Section 2.3 oxides toxic air See Section 2.2 A.3. 15A NCAC 2Q .0711 pollutants State-only Requirement 1. 15A NCAC 2D .0503: PARTICULATES FROM FUEL BURNING INDIRECT HEAT EXCHANGERS a. Emissions of particulate matter from tine combustion of fuel that are discharged fi•om these sources into the atmosphere shall not exceed 0.23 pounds per million Btu heat input. [15A NCAC 2D.0503(a)] Testin [15A NCAC 2Q .0508(f)] b. If emissions 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. 1. a. above, the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0503. MonitorinE [15A NCAC 2Q .0508(f)] c. Particulate matter emissions from cacti boiler shall be controlled by a dedicated multicyclone. To assure compliance, the Permittee shall perform inspections and maintenance as recommended by the manufacturer, In addition to tine manufacturer's inspection and maintenance recommendations, or if there is no manufacturer's inspection and maintenance recommendations, as a minimum, the inspection and maintenance requirement must include the following: i. a monthly external visual 'inspection of the system ductwork and material collection unit for leaks;and ii. an annual (for each 12 month period fi•om initial inspection) internal inspection of the multicyclone's structural integrity. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0503 if the multicyclones and ductwork are not inspected and maintained. Air Quality Permit No. 05455T17 Page b d. Particulate matter emissions from each boiler shall be controlled by a dedicated bagfilter. To assure compliance, the Permittee shall perform inspections and maintenance as recommended by the mannfacturer. In addition to the manufacturer's inspection and maintenance recommendations, or if there are no manufacturer's inspection and maintenance recommendations, as a minimum, the inspection and maintenance requirement must include the following: i. a monthly visual inspection of the system ductwork and material collection unit for leaks; and ii. an annual(for each 12 month period following the initial inspection) internal inspection of the bagfilter's structural integrity. The Permittee shall be deemed in noncompliance with 15A NCAC 213 ,0503 if the ductwork and bagfilters are not inspected and maintained. e. The Permittee shall install, operate, and maintain a pressure drop indicator on each bagfilter. The pressure drop across each bagfilter shall not exceed 10 inches of water. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0503 if tine pressure drop is not maintained within the prescribed limits above or the Permittee does not install, operate, and maintain a pressure drop indicator on each bagfilter. Recordkeening [15A NCAC 2Q .0508(f)] f. The results of inspection and maintenance shall be maintained in a logbook (written or electronic format), kept on site, and made available to an authorized DAQ representative upon request. The logbook shall record the following: i. the date and time of each recorded action; ii the pressure drop once weekly at a minimum when the boiler is operating; iii. weekly periods of boiler downtime shall be noted in the logbook; iv. the results of each inspection; v. the results of any maintenance performed on the bagfilters and multi cyclones;and vi. any variance h-om manufacturer's recommendations, if any, and corrections made. The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0503 if these records are not maintained. Reportin [15A NCAC 2Q .0508(f)] g. Within 30 days of a written request from the DAQ, the Permittee shall submit a report of any maintenance performed on the multiclones and bagfrlters. h. The Permittee shall submit a summary report of monitoring and recordkeeping activities by 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. 2. 15A NCAC 2D.0504: PARTICULATES FROM WOOD BURNING MIRECT HEAT EXCHANGERS a. Emissions of particulate matter from the combustion of wood that are discharged from these sources into the atmosphere shall not exceed 0.30 pounds per million Btu heat input. [15A NCAC 2D .0504] b. Emissions of particulate matter from the combustion of wood and other fuels fi-om this source shall not exceed an allowable emission rate as calculated by the following equation: f 15A NCAC 2D .0504] E= Oj( 30)(O,ti.)+(0.23)(Of)]pounds per million Btu (QW+Qr) where: Q,Y=actual wood heat input rate in Btu/hr Qr =actual other fuels input rate in Btulhr Testing [15A NCAC 02Q.0508(f)] c. If emissions 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. 2. a. above, the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0504. Monitoring [15A NCAC 02Q .0508(f)] d. Particulate matter emissions-fi-om each boiler shall be controlled by a dedicated multiclone. To assure compliance, the Permittee shall perform inspections and maintenance as recommended by the manufacturer. In addition to the manufacturer's inspection and maintenance recommendations, or if there is Air Quality Permit No. 05455T 17 Page 7 no manufacturer's inspection and maintenance recommendations, as a minimum, the inspection and maintenance requirement must include the following: iii. a monthly external visual inspection of the system ductwork and material collection unit for leaks;and iv. an annual (for each 12 month period following the initial inspection) internal inspection of the multiclone's structural integrity. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0504 if the ductwork and multiclones are not inspected and maintained. e. Particnlate matter emissions from each boiler shall be controlled by a dedicated bagfilter. To assure compliance, the Permittee shall perform inspections and maintenance as recommended by the manufacturer. In addition to the manufacturer's inspection and maintenance recommendations, or if there are no manufacturer's inspection and maintenance recommendations, as a minimum, the inspection and maintenance requirement must include the following: L a monthly external visual inspection of the system dnetwork and material collection unit for leaks;and ii. an annual (for each 12 month period following the initial inspection) internal inspection of the fabric filter's structural integrity. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0504 if the ductwork and bagfilters are not inspected and maintained. £ The Permittee shall install, operate, and maintain a pressure drop indicator on each bagfilter. The pressure drop across each bagfilter shall not exceed 10 inches of water. The Permittee shall be deemed hi noncompliance with 15A NCAC 2D .0504 if the pressure drop is not maintained within the prescribed limits above or the Permittee does not install, operate, and maintain a pressure drop indicator on each bagfilter. Recordkeeping [15A NCAC 2Q .0508(f)] g. The results of inspection and maintenance shall be maintained in a logbook (written or electronic format), kept on site, and made available to an authorized DAQ representative upon request. The logbook shall record the following: i. the date and time of each recorded action; ii the pressure drop once weekly at a minimum when the boiler is operating; iii. weekly periods of boiler downtime shall be noted in the logbook; iv. the results of each nnspeetion; v. the results of any maintenance performed on the multiclones and bagfilters;and vi. any variance fi•om manufacturer's recommendations, if any,and corrections made. The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0504 if these records are not maintained. Reporting [15A NCAC 2Q .0508(f)] h. Within 30 days of a written request from the DAQ, the Permittee shall submit a report of any maintenance performed on the multicyclones or bagfilters. i. The Permittee shall submit a summary report of monitoring and recordkeeping activities by 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. 3. 15A NCAC 2D.0516: SULFUR DIOXIDE EMISSIONS FROM COMBUSTION SOURCES a. Emissions of sulfur dioxide fi•om these sources shall not exceed 2.3 pounds per million Btu heat input each. Sulfur dioxide formed by the combustion of sulfur in fuels, wastes, ores, and other substances shall be included when determining compliance with this standard. [ISA NCAC 2D .0516] Testing [15A NCAC 2Q.0508(f)] b. If emissions testing is required, the testing shall be performed in accordance with General Condition JJ found in Section 3. If the results of this test are above the limit given in Section 2.1 A. 3. a. above, the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0516. Monitoring/Recordkeeping [15A NCAC 2Q .0508 (f)] c. The Permittee shall assure compliance with 15A NCAC 2D .0516 by determining sulfur dioxide emissions in pounds per million Btu using a continuous emissions monitoring (CEiM) systern meeting the requirements of 40 CFR Part 75 except that unbiased values may be used (missing data shall be filled in Air Quality Permit No.05455T17 Page 8 accordance with 40 CFR Part 75, except that the lookback periods per 40 CFR 75.33 (Tables I and 2)shall consists of the available data up to the appropriate quality-assured hours. Also, the replacement procedures for monitor data availability between 80 and 90 percent may be used at values below 80 percent). Compliance with sulfur dioxide emission standards shall be determined by averaging hourly continuous emission monitoring system values over a 24-hour block period beginning at midnight. To compute the 24- hour block average, the average hourly values (missing data shall be filled in accordance with 40 CFR Part 75, except that the lookback periods per 40 CFR 75.33 (Tables I and 2) shall consists of the available data up to the appropriate quality-assured hours. Also, the replacement procedures for monitor data availability between 80 and 90 percent may be used at values below 80 percent)shall be summed, and the sum shall be divided by 24. The minimum number of data points, equally spaced, required to determine a valid hour value shall be detennined by 40 CFR Part 75. If any 24-hour block average exceeds 2.3 pounds per million Btu heat input or records are not maintained, the Permittee shall be deemed in noncompliance with 15A NCAC 2D .051b. Reporting [15A NCAC 2Q .0508(o] d. The Pernittee shall submit the continuous emissions monitoring data showing the 24-hour daily block values in pounds per million Btu for each 24-hour daily block averaging period during the reporting period no later than January 30 of each calendar year for the preceding three-month period between October and December, April 30 of each calendar year for the preceding three-month period between January and March, July 30 of each calendar year for the preceding three-month period between April and June, and October 30 of each calendar year for the preceding three-month period between July and September. All instances of deviations from the requirements of this permit must be clearly identified. e. CEMs Monitor Availability - The Permittee shall submit sulfur dioxide CEIVI systems monitor downtime reports, uncluding monitor availability values (as calculated for 40 CFR Part 75) for the last hour of the reporting period, no later than January 30 of each calendar year for the preceding three-month period between October and December, April 30 of each calendar year for the preceding three-month period between January and March, July 30 of each calendar year for the preceding three-month period between April and June, and October 30 of each calendar year for the preceding three-month period between July and September. 4. 15A NCAC 2D.0521: CONTROL OF VISIBLE EMISSIONS a. Visible emissions from these boilers (ID Nos. ES-1A and 1B) 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. hi no event shall the six-minute average exceed 87 percent opacity. [15A NCAC 2D .0521(d)] b. For sources required to install, operate, and maintain continuous opacity monitoring systems (CONIS), compliance with the 20 percent opacity limit shall be determined as follows:[15A NCAC 2D .0521(g)] i. No more than four six-minute periods shall exceed the opacity standard in any one day; and ii. The percent of excess emissions (defined as the percentage of monitored operating time in a calendar quarter above the opacity Ihnit) shall not exceed 0.8 percent of the total operating hours. If a source operates less than 500 hours during a calendar quarter, the percent of excess emissions shall be calculated by including hours operated immediately previous to this quarter until 500 operational hours are obtained. Excess emissions during startup and shutdown shall be excluded from the determinations in paragraphs U. and b.ii, above, if the excess emissions are exempted according to the procedures set out in 2D .0535(g). Excess emissions during malfunctions shall be excluded from the determinations in paragraphs b.i. and b.ii. above, if the excess emissions are exempted according to the procedures set out in 2D .0535(c). All periods of excess emissions shall be included in the determinations in paragraphs b.i. and b.ii above until such time that the excess emissions are exempted according to the procedures in 2D .0535. Testing [15A NCAC 2Q.0508(f)] c. If emissions testing is required, the testing shall be performed in accordance with General Condition JJ found in Section 3. If the results of this test are above the limit given in Section 2.1 AA.a. above, the Pennittee shall be deemed in noncompliance with 15A NCAC 2D .0521, Monitoring/Recordk.eeping [15A NCAC 2Q .0508(f)] Air Quality Pernit No. 05455T17 Page 9 d. Opacity shall be measured using an opacity monitoring system that meets the performance specifications of Appendix B of 40 CFR Part 60. The opacity monitoring system shall be subjected to a quality assurance program approved by the director. The Permlittee, for each unit subject to 2D .0521(g) shall have on file with the director an approved quality assurance program, and shall submit to the director within the time period of his request for his approval a revised quality assurance program, including at least procedures and frequencies for calibration, standards traceability, operational checks, maintenance, auditing, data validation, and a schedule for implementing the quality assurance program. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0521 if the monitoring is not performed, if the monitored values exceed the limitations given above, or if the records are not maintained. Reporting [15A NCAC 2Q .0508(f)] e. The Permittee shall submit the excess emissions and monitor downtime reports as required under Appendix P of 40 CFR Part 51 no later than January 30 of each calendar year for the preceding three-month period between October and December, April 30 of each calendar year for the preceding three-month period between January and March, July 30 of each calendar year for the preceding three-month period between April and June, and October 30 of each calendar year for the preceding three-month period between July and September. For periods of excess emissions, defined as each six-minute period average greater than 20 percent opacity, the opacity measurements recorded by the COMS shall be reported as described in Paragraphs 4 and 5.1 of Appendix P of 40 CFR Part 51 except that a six-minute time period shall be deemed as an appropriate alternative opacity averaging period as described in Paragraph 4.2 of Appendix P of 40 CFR Part 51. A minimum of 36 data points, equally spaced, is required to determine a valid six- minute value. All instances of deviations from the requirements of this permit must be clearly identified. 5. 15A NCAC 2D .0501(c): COMPLIANCE WITH NATIONAL AMBIENT AIR QUALITY STANDARDS When burnin coal a. Particulate matter emissions from each boiler(ID Nos. ES-lA and 1B)shall not exceed 6.02 pounds per hour ,per boiler. [15A NCAC 2D .0501(e)] b. Sulfur dioxide emissions from each boiler(ID Nos. ES-IA and 1B)shall not exceed 322.5 pounds per hour per boiler. [15A NCAC 2D .0501(e)] c. Nitrogen oxide emissions from each boiler(ID Nos. ES-lA and IB)shall not exceed 141.9 pounds per hour .per boiler. [15A NCAC 2D .0501(e)] d. Carbon monoxide emissions from each boiler(ID Nos. ES-lA and 1B)shall not exceed 120.4 pounds per hour .per boiler. [15A NCAC 2D .0501(e)] Testing [15A NCAC 2Q .0508(t)] e. If emissions testing is required,the testing shall be performed in accordance with General Condition JJ. If tine results of this test are above any limit given in Section 2.1 A. 5. a-d. above, the Permittee shall be deemed in noncompliance with 15A NCAC 2D.0501(e). Monitoring/Recordkeeuing/Reportittg [15A NCAC 2Q .0508 (f)] f. To demonstrate compliance with Section 2.1 A. 5. a. above,the Permittee shall follow the monitoring, recordkeeping,and reporting requirements in Section 2.1 A. 1. c-h. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0501(e)if the bagtilters are not inspected and maintained or if these records are not maintained. g. The Permittee shall assure compliance with 2.1 A. 5. b. and 2.1 A 5. c. by determining sulfur dioxide and nitrogen oxide emissions in pounds per hour using a continuous emissions monitoring(CEII)system meeting the requirements of 40 CFR Part 75 except that unbiased values may be used(missing data shall be filled in accordance with 40 CFR Pant 75,except that the lookback periods per 40 CFR 75.33 (Tables I and 2)shall consists of the available data up to the appropriate quality-assured hours. Also, the replacement procedures for monitor data.availability between 80 and 90 percent may be used at values below 80 percent). Compliance with emission standards shall be determined by averaging hourly continuous emission monitoring system values over a 24-hour block period beginning at midnight. To compute the 24- hour block average,the average hourly values(missing data shall be filled in accordance with 40 CFR Part 75,except that the lookback periods per 40 CFR 75.33 (Tables I and 2)shall consists of the available data Air Quality Permit No. 05455T 17 Page 10 up to the appropriate quality-assured hours. Also, the replacement procedures for monitor data availability between 80 and 90 percent may be used at values below 80 percent)shall be summed, and the sum shall be divided by 24. The minimum number of data points, equally spaced, required to detennine a valid hour value shall be determined by 40 CFR Part 75. If any 24-hour block average exceeds the limits per 2.1 A. 5. b. or 2.1 A 5. c.or the records are not maintained,the Pernittee shall be deemed in noncompliance with 15A NCAC 2D .0501(e). Reporting [15A NCAC 2Q ,0508 (f)] h. The Permittee shall submit the continuous emissions monitoring data showing the 24-hour daily block values in pounds per hour for each 24-hour daily block averaging period during the reporting period no later than January 30 of each calendar year for the preceding three-month period between October and December,April 30 of each calendar year for the preceding three-month period between January and March,July 30 of each calendar year for the preceding three-month period between April and June,and October 30 of each calendar year for the preceding three-month period between July and September. All instances of deviations from the requirements of this permit must be clearly identified. i. CEMs Monitor Availability-The Pennittee shall submit sulfur dioxide and nitrogen oxide CEM systems monitor downtime reports, including monitor availability values(as calculated for 40 CFR Part 75)for the last hour of the reporting period, no later than January 30 of each calendar year for the preceding three- month period between October and December,April 30 of each calendar year for the precednig three- month period between January and March,July 30 of each calendar year for the preceding three-month period between April and June,and October 30 of each calendar year for the preceding three-month period between July and September. 6. 15A NCAC 2D.0530: PREVENTION OF SIGNIFICANT DETERIORATION When burning coal a. Particulate matter emissions from each boiler(ID Nos. ES-IA and 113) shall not exceed 0.028 pounds per million Btu heat input. [15A NCAC 2D .0530] b. Sulfur dioxide emissions fiom each boiler (ID Nos. ES-1A and 113) shall not exceed 1.50 pounds per million Btu heat input. [15A NCAC 2D .0530] c. Nitrogen oxide emissions from each boiler (ID Nos. ES-IA and 113) shall not exceed 0.66 pounds per million Btu heat input. [15A NCAC 2D .0530] d. Carbon monoxide emissions from each boiler (1D Nos. ES-IA and 113) shall not exceed 0.56 pounds per million Btu heat input. [15A NCAC 2D .0530] Testing [15A NCAC 2Q.0508(f)] e. If emissions testing is required,the testing shall be performed in accordance with General Condition JJ. If the results of this test are above any limit given hi Section 2.1 A. 6. a-d. above,the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0530. Monitoc•iizg/Recordkeening/Reporting [15A NCAC 2Q .0508(o] f. To demonstrate compliance with Section 2.1 A. 6. a. above,the Permittee shall follow the monitoring, recordkeeping, and reporting requirements in Section 2.1 A. 1. c-h. The Pennittee shall be deemed in noncompliance with 15A NCAC 2D .0530 if the bagfilters are not inspected and maintained or if these records are not maintained. Monitoring/Recordkeeping_[I 5A NCAC 2Q,0508(f)] g. The Permittee shall assure compliance with 2.1 A. 6, b. and 2.1 A 6. c. by determining sulfur dioxide and nitrogen oxide emissions in pounds per million Btu using a continuous emissions monitoring(CEM) system meeting the requirements of 40 CFR Part 75 except that unbiased values may be used(missing data shall be filled in accordance with 40 CFR Part 75,except that the lookback periods per 40 CFR 75.33 (Tables 1 and 2)shall consists of the available data up to the appropriate quality-assured hours. Also, the replacement procedures for monitor data availability between 80 and 90 percent may be used at values below 80 percent). Compliance with emission standards shall be deternined by averaging hourly continuous emission monitoring system values over a 24-hour block period beginning at midnight. To compute the 24-hour block average, the average hourly values(missing data shall be tilled in accordance with 40 CFR fart 75,except that the lookback periods per 40 CFR 75.33 (Tables I and 2)shall consists of the available data up to the appropriate quality-assured hours. Also, the replacement procedures for monitor Air Quality Permit No. 05455T 17 Page I I data availability between 80 and 90 percent may be used at values below 80 percent)shall be summed, and the sum shall be divided by 24. The minhnu►n number of data points, equally spaced,required to determine a valid hour value shall be determined by 40 CFR Part 75. If any 24-hour block average exceeds the limits per 2.1 A. 5. b. or 2.1 A 5. c. or the records are not maintained,the Permittee shall be deemed in noncompliance with 15A NCAC 2D,0530. Recordkeeping/Reporting [15A NCAC 2Q .0508 (0] h. The Permittee shall maintain and submit to the Regional Supervisor, on an annual basis for a period of 5 years following the date at which the facility commences operation burning TDF at a rate greater than 20%, information demonstrating that this change in TDF consumption does not result in a greater than significant emissions increase. This demonstration shall, at a minimum, include the original annual baseline emissions for all PSD regulated pollutants, representative of nonpal source operation prior to the increase in TDF consumption and the annual emissions for all PSD regulated pollutants after this change. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0530 if the above records are not kept or the annual emissions during the five-year period after the change for particulate matter, sulfur dioxide, nitrogen oxide,or carbon monoxide have increased above their applicable significant emissions increases. i. The Permittee shall submit the continuous emissions monitoring data showing the 24-hour daily block values in pounds per million Btu for each 24-hour daily block averaging period during the reporting period no later than January 30 of each calendar year for the preceding three-month period between October and December, April 30 of each calendar year for the preceding three-month period between January and March, July 30 of each calendar year for the preceding three-month period between April and June, and October 30 of each calendar year for the preceding three-month period between July and September. All instances of deviations from the requirements of this permit must be clearly identified, j. CE1y1s Monitor Availability - The Permittee shall submit sulfur dioxide and nitrogen oxide CEM systems monitor downtime reports, including monitor availability values (as calculated for 40 CFR Part 75) for the last hour of the reporting period, no later than January 30 of each calendar year for the preceding three- month period between October and December, April 30 of each calendar year for the preceding three- month period between January and March, July 30 of each calendar year for the preceding three-month period between April and June, and October 30 of each calendar year for the precedinng three-month period between July and September. When burning non-CISWI subject wood aa. The following Best Available Control Technology(BACT) limits shall not be exceeded: EMISSION SOURCE POLLUTANT EWSSION LMIIT CONTROL,TECHNOLOGY Boilers CO 0.45 lb/►pillion Btu good combustion control (1D Nos. ES-lA and ES- [stack test: 3-run average] 1 B) Sulfuric acid mist 0.011 lb/million Btu use of low sulfur wood [stack test: 3-run average] BACT emission limits shall apply to each source (ID Nos. ES-IA and ES-113) and at all times except during the following: Emissions resulting from start-up, shutdown or malfunction above those given in Section 2.1 A.6.aa. above are pernitted provided that optimal operational practices are adhered to and periods of excess emissions are minimized. Testing[15A NCAC 2Q .0508(f)] bb. Under the provisions of NCGS 143-215,108, the Permittee shall demonstrate compliance with the emissions limits for CO and sulfiiric acid mist in Section 2.1 A.6.aa. above, by testing one of boilers (ID Nos. ES-1A and ES-113) within 180 days of con-miencennent of burning of non-CISWI subject wood exclusively, in the first boiler(either ES-lA or ES-0). Details of the emissions testing and reporting requirements can be found in Section 3 - General Condition JJ. If the average of all runs of the stack tests for CO or sulfuric acid mist exceed the respective emissions limits in Section 2.1 A.6.aa. above or the stack tests are not performed, the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0530. Air Quality Permit No.05455T17 Page 12 Monitoring/Recordkeepin [15A NCAC 2Q .0508(o] cc. No monitoring/record keeping shall be required for emissions of CO and sulfuric acid mist from boilers(ID Nos. ES-IA and ES-IB). Reporting[15A NCAC 2Q .0508(f)] dd. No reporting shall be required for emissions of CO and sulfuric acid mist from boilers(ID Nos. ES-1A and ES-1B). State-only Requirement 7. SENATE BILL 3(Session Law 2007-397) When burning non-CISWI subject wood a. The following Best Available Control Technology(BACT) limits shall not be exceeded: EMISSION SOURCE POLLUTANT EMISSION LIMITS CONTROL TECHNOLOGY Boilers PM/PMto 0.036 lb/million Btu tnulticlone and bagfilter (ID Nos. ES-IA and (both filterable and condensable) ES-IB) [stack test: 3-run average] PrV125 0.011 lb/million Btu multiclone and bagfilter (both filterable and condensable [organic and inorganic including sulfuric acid mist]) [stack test: 3-run average] S02 0.025 lb/million Btu** use of low sulfur wood [CEM. 30-day rolling average] NOx 0.125 lb/utillion Btu selective non-catalytic reduction [CEM: 30-day rolling average] VOC 0.03 lb/million Btu good combustion control [stack test: 3-run average] Hg 5 x 10-6 lb/million Btu bagflter [stack test: 3-run average] BACT emission limits shall apply to each source(113 Nos.ES-lA and ES-113)and at all tines except during the following:Emissions resulting from start-up,shutdown or malfunction above those given in Section 11 A.Ta, above are permitted provided that optimal operational practices are adhered to and periods of excess emissions are minimized. This SOz BACT emission limit is provisional, The final SO,BACT emission limit will be established in accordance with Section 2.1 A.7.b.below. Testing[15A NCAC 2Q .0508(f)] b. Under the provisions of NCGS 143-215.108, the Permittee shall demonstrate compliance with the emissions limits for PM/PMto, PM2.5,S02,NOx,VOC,and Hg in Section 2.1 A.Ta. above by testing one of boilers (ID Nos. ES-IA and ES-113) within 180 days of commencement of burning of non-CISWI subject wood exclusively in the first boiler(either ES-lA or ES-1B). Details of the emissions testing and reporting requirements can be found in Section 3 - General Condition JJ. The final S02 BACT emission limit shall be established using the representative stack test data, SO, CEMS data, boiler operational data, and fuel sulfur content data. A testing protocol that describes how the final S02 BACT emission limit will be established shall be approved by the DAQ. The test protocol shall provide for: i. Testing one of the boilers(ID Nos. ES-IA and ES-113)within 180 days of commencement of burning of non-CISWI subject wood exclusively in the first boiler(either ES-IA or ES-111), with stack testing and fuel sampling for total sulfur content performed in such a way that allows for determining an SO, emission rate and establishing the rate at which the boiler converts total sulfur to S02. ii. Collection of S02 OEMs and boiler operating data for a minimum of 30 consecutive operating days, with the day(s)on which the stack test is completed included in the 30 consecutive operating days,and iii. The methodology by which the data will be analyzed and final S02 BACT emission limit will be established. Air Quality Permit No. 05455T17 Page 13 The submittal of the test results and analysis to the DAQ shall be deemed a request by the Permittee that the permit be modified to include the final S02 BACT emission limit. The DAQ shall process such submittal in accordance with the provision in 15A NCAC 2Q .0316"Administrative Permit Amendments." Monitoring/Recordkeeping[15A NCAC 2Q .0508(f)] c. The Permittee shall monitor NOx and SO, emissions from boilers (ID Nos. FS-1A and ES-111) using continuous emissions monitoring(CEM)systems that meet the requirements of 40 CFR Part 75,except that unbiased values may be used (missing data shall be filled in accordance with 40 CFR Part 75, except that the lookback periods per 40 CFR 75.33 (Tables I and 2) shall consists of the available data up to the appropriate quality-assured hours. Also, the replacement procedures for monitor data availability between 80 and 90 percent may be used at values below 80 percent). Compliance with emission standards shall be determined by averaging hourly continuous emission monitoring system values over rolling 30-days. To compute the 30-day rolling average, the average daily values (missing data shall be filled in accordance with 40 CFR Part 75, except that the lookback periods per 40 CFR 75.33 (Tables I and 2) shall consists of the available data up to the appropriate quality-assured hours. Also, the replacement procedures for monitor data availability between 80 and 90 percent may be used at values below 80 percent)shall be summed, and the sum shall be divided by 30. The minimum number of data points, equally spaced,required to detennine a valid hour value shall be determined by 40 CFR Part 75. d. Nlonitoring/recordkeeping requirements for PM emissions from boilers (1D Nos. ES-1A and ES-113) in Section 2.1 A.2. d. through f. above shall be sufficient to assure compliance with PNI/PMro, PNI2.5 and Hg BACT under Senate Bill 3 (Session Law 2007-397). e. No monitoring/record keeping shall be required for VOC emissions from boilers (ID Nos. ES-1A and ES- 113). Reporting [15A NCAC 2Q .0508(f)] f. Reporting requirement for PM emissions fi•om boilers (ID Nos. ES-1A and ES-113) in Section 2.1 A.2.h. above shall be sufficient to assure compliance with PM/PNIr0, PNI2.5 and Hg BACT under Senate Bill 3 (Session Law 2007-397). g. The Permittee shall submit a summary report of monitoring and recordkeeping activities by 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 fi•oni the requirements of this permit must be clearly identified, All instances of deviations from the requirements of this permit must be clearly identified. 8. 15A NCAC 2D.0614: COMPLLANCE ASSURANCE MONITORING (40 CFR 64) a. The Pennittee shall ensure that PMIO emitted from the two boilers (ID Nos. ES-lA and ES-113) are controlled by the two bagfilters(ID Nos. CD-lA and CD-113). Monitoring/Recordkeeninp_[15A NCAC 2Q .0508(t)] b. The Permittee shall comply with the monitoring approach as included in the following Table: Indicator Opacity [64.6(c)(1)(i)] Measurement Opacity is indicated by a continuous opacity Approach monitors(COMS) [64.6(c)(1)(ii)] Indicator Range An excursion is defined as a 3-hour block [64.6(c)(2)] average value of opacity greater than 12 percent. Quality Improvement Four excursion, as defined above,within any 6- Plan(QIP)Threshold month period. [64.8] QA/QC Practices and The CONIS are calibrated as per the Criteria manufacturer's recommendation. [64.3(b)(3)] Monitori icity is continuously monitored while Air Quality Permit No. 05455T17 Page 14 Frequency ba-filters are in operation. (64.3(b)(4)] 1 ' c. For any excursion, the Permittee shall initiate an inspection of the control equipment and/or the COMS and initiate the repairs as necessary. The following corrective actions shall be taken as soon as practical: i. Identify cause of excursion. ii. Initiate actions to correct the cause of any excursions identified in step i above. Repair equipment that is not operating properly. iii. Initiate work order for baghouse inspection and repair as needed for any equipment that cannot be repaired during operation. iv. Document nature and cause of excursions in operations log. v. Improve preventative maintenance procddures as necessary in accordance with CAM QIP(if one exists). vi. Provide notification to DAQ in accordance with reporting requirements in the Section 2.1 A.6.e. below. If the requirements of Section 2.1 A.8.b. and c. are not complied with, the Permittee shall be deemed in noncompliance with 15A NCAC 2D.0614. d. The Perrnittee shall retain records of recorded CONIs data, each excursion report, and each corrective action taken. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0614 if these records are not retained. Reporting[15A NCAC 2Q .0508(t)] e. Semi annual compliance reports must cover the semiannual reporting period from January 1 through June 30 and the semiannual reporting period from July I through December 31. Each compliance report must be postmarked or delivered no later than July 30 or January 30, whichever date is the first date following the end of the semiannual reporting period.The compliance report must contain the following information: i. company name, address and facility ID number, ii. a statement by a responsible official with that official's name, title, and signature, certifying the accuracy of the content of the report, iii, the date of report and beginning and ending dates of the reporting period, iv. a statement that there were no excursion outside of the allowable operating parameter limits during the reporting period (as applicable), and that no continuous parametric monitoring system (CPMS) was inoperative, inactive, malfunctioning, out-of-control, repaired, or adjusted. Or for each exceedance of an allowable operating parameter that occurs,the compliance report must contain: (a) the total operating time of the source during the reporting period, (b) information on the number, duration, and cause of exceedances (including unknown cause), if applicable,and the corrective action taken and (c) information on the nunnber, duration, and cause for COMS downtime incidents, if applicable, other than downtime associated with zero and span and other daily calibration checks. 9. 15A NCAC 213.1111: MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY a. For the sources (ID Nos. ES-IA and ES-1B), the Permittee shall demonstrate compliance by the dates specified in 40 CFR 63,11 196 with all applicable requirements of 15A NCAC 2D .I I i I "Maximum Achievable Control Technology" and 40 CFR 63 Subpart JJJJJJ "National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial,and Institutional Boilers." B. Two coal bunkers (ID Nos. ES-2A and ES-2B) and associated bagfilters (ID Nos. CD-2A and CD-2B) One fly ash silo (ID No. ES-3) with wet slurry pugnill for unloading and associated binvent (ID No. CD-3), One bottoin ash silo (ID No. ES-4) with a dry bulk unloading spout with vent return line and associated binvent (ID No. CD-4) Air Quality Permit No. 05455T17 Page 15 Two ash system vacuum transport pumps (ID Nos. ES-5A and ES-5B) and associated inline filters (ID Nos. CD-5A and CD-5B), simple cyclones (ID Nos. CD-5C and 5E), and bagfilter (ID No. CD-5D) The following table provides a summary of limits and standards for the emission source(s)described above: Regulated Limits/Standards Applicable Regulation Pollutant For P 30 tons per hour: 15A NCAC 213 .0515 particulate E—d IOP°.67 matter where E=allowable emission rate in pounds per hour P_process weight in tons per hour,and For P>30 tons per hour: E=55.OP°" -40 where E=allowable emission rate in pounds per hour P=process weight in tons per hour visible 20 percent opacity 15A NCAC 2D .0521 emissions particulate coal bunkers—bagfilters 15A NCAC 2D .0530 fly ash silo-wet spray pugmill for unloading&binvent matter bottom ash silo-loading spout/return vent line&binvent ash transport-two simple cyclones with bagfilter and two inline filters on vacuum pumps 1. 15A NCAC 2D .0515: PARTICULATES FROM MISCELLANEOUS INDUSTRIAL PROCESSES a. Emissions of particulate matter from these sources shall not exceed an allowable emission rate as calculated by the following equations: [I5A NCAC 2D .0515(a)] For process weights up to 30 tons per hour: E=4.10 x P 0 67 Where E=allowable emission rate in pounds per hour P=process weight in tons per hour For process weights greater than 30 tons per hour: E=55 x P°" -40 Where E—allowable emission rate in pounds per hour P—process weight in tons per hour Liquid and gaseous fuels and combustion air are not considered as part of the process weight. Te. sties [15A NCAC 2Q .0508(f)] b. If emissions testing is required, the testing shall be performed in accordance with General Condition JJ found in Section 3. If the results of this test are above the limit given in Section 2.1 B, 1, a. above, the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0515. Monitorin /Recordkee in [15A NCAC 2Q .0508(f)] c. Particulate matter emissions from these emission sources shall be controlled three bagfilters (ID Nos. CD- 2A,CD-213, and CD-51)), two simple cyclones (ID Nos. CD-5C and CD-5E), two buivents(ID Nos. CD- 3 and CD-4), and two in-line filters (ID Nos. CD-5A and CD-513). To assure compliance, the Permittee shall perform inspections and maintenance as recommended by the manufacturers. In addition to the manufacturer's inspection and maintenance recommendations, or if there are no manufacturer's inspection and maintenance recommendations, as a minimum, the inspection and maintenance requirement shall include the following: i. an annual internal inspection of the simple cyclones structural integrity;and H. an annual internal inspection of the bagfilterstbinvents/inline filters for structural and fabric filter Air Quality Permit No. 05455T17 Page 16 integrity. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0515 if the control devices are not inspected and maintained. d. The results of inspection and maintenance shall be maintained in a logbook (written or electronic format), kept on site, and made available to an authorized DAQ representative upon request. The logbook shall record the following: i. the date and time of each recorded action; ii. the results of each inspection; iii. the results of any maintenance performed on the control devices;and iv. any variance from manufacturer's recommendations, if any,and corrections made. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0515 if these records are not maintained. Reporting[15A NCAC 2Q ,0508(o] e. Upon a written request fi-om the DAQ, the Pennittee shall submit, within 30 days of such request, a report of any maintenance performed on a control device. f. The Permittee shall submit a summary report of the monitoring and recordkeeping by 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. 2. ISA NCAC 2D.0521: CONTROL OF VISIBLE EMISSIONS a. Visible emissions from these sources (ID Nos. ES-2A, ES-211, ES-3, ES-4, ES-5A and ES-5I1) shall not be more than 20 percent opacity when averaged over a six-minnte 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. [15A NCAC 2D .0521 (d)] Testing [15A NCAC 2Q.0508(o] b. If emissions testing is required, the testing shall be performed in accordance with General Condition JJ found in Section 3. If the results of this test are above the limit given in Section 2.1 B. 2. a. above, the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0521. Monitoring [15A NCAC 2Q .0508(o] c. To assure compliance, once a week the Permittee shall observe the emission points of this source for any visible emissions above normal. If visible emissions fi-om this source are observed to be above normal, the Permittee shall either: i. take appropriate action to correct the above-normal emissions as soon as practicable and within the monitoring period and record the action taken as provided in the recordkeeping requirements below,or ii. demonstrate that the percent opacity fi-om the emission points of the emission source in accordance with 15A NCAC 2D .2610 (Method 9) for 12 minutes is below the limit given in Section 2.1 13.2.a. above. If the above-normal emissions are not corrected per(i) above or if the demonstration in(ii)above cannot be made, the Permittee shall be deemed to be in noncompliance with 15A NCAC 2D .0521. Recordkeeping[15A NCAC 2Q ,0508(f)] d. The results of the monitoring shall be maintained in a logbook (written or electronic format), kept on site, and made available to an authorized DAQ representative upon request. The logbook shall record the following: i. the date and time of each recorded action; and ii. the results of each observation and/or test noting those sources with emissions that were observed to be in noncompliance along with any corrective actions taken to reduce visible emissions. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0521 if these records are not maintained. Reporting[15A NCAC 2Q.0508(o] e. The Pennittee shall submit a summary report of the observations by 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 Air Quality Permit No. 05455T17 Page 17 preceding six-month period between January and June, All instances of deviations from the requirements of this permit must be clearly identified. 3. 15A NCAC 2D .0530: PREVENTION OF SIGNIFICANT DETERIORATION a. The Perinittee shall operate and maintain bagfilters (ID Nos. CD-2A and CD-2B) installed on two coal bunkers (ID Nos. ES-2A and ES-2B), binvents (11) Nos. CD-3 and CD-4) installed one each on the ash silos (ID Nos. ES-3 and ES-4), and two inline filters (ID Nos. CD-5A and CD-5B), two simple cyclones (ID Nos. CD-5C and CD-5E), plus one bagfilter (ID No, CD-5D) installed on two ash system vacuum transport pumps (ID Nos. ES-5A and ES-513) [15A NCAC 2D .0530] Monitoring/Recordlceet)ine/Ret)ortine [15A NCAC 2Q .0508 (0] b. The Permittee shall follow the monitoring, recordkeeping, and reporting requirements in Section 2.1 B. 1. c-f. The Permittee shall be deemed in noncompliance with 15A NCAC 2D ,0530 if the binvents, cyclones, inline filers, and bagfilters are not inspected and maintained or if these records are not maintained. C. Coal unloading/storage and transfer (ID No. ES-6) The fotlo%viug table provides a summary of limits and standards for the emission source(s)described above: Regulated Limits/Standards Applicable Regulation Pollutant visible 20 percent opacity 15A NCAC 2D .0521 emissions particulate wet suppression shall be used on the following: 15A NCAC 2D .0530 coal unloading matter coal front end loader operations coal storage pile load in/out wind erosion coal piles conveyors partially enclosed 1. 15A NCAC 2D .0521: CONTROL OF VISIBLE EMISSIONS a. Visible emissions fi•om the coal unloading/storage and transfer (ID No. ES-6) 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. [15A NCAC 2D .0521 (d)] Tes#irtu[15A NCAC 2Q.0508(f)] b. If emissions testing is required, the testing shall be performed in accordance with General Condition JJ found in Section 3, If the results of this test are above the limit given in Section 2.1 C. I. a. above, the Permittee shall be deemed in noncompliance with 15A NCAC 2D ,0521. Monitoring [15A NCAC 2Q .0508(f)] c. To assure compliance, once a week the Permittee shall observe the emission points of this source for any visible emissions above normal. If visible emissions from this source are observed to be above normal, the Permittee shall either: L take appropriate action to correct the above-normal emissions as soon as practicable and within the monitoring period and record the action taken as provided in the recordkeeping requirements below, or ii. demonstrate that the percent opacity fi•om the emission points of the emission source in accordance with 15A NCAC 2D .2610 (Method 9) for 12 minutes is below the limit given in Section 2.1 C.La. above. If the above-normal emissions are not corrected per(i)above or if the demonstration in(ii) above cannot be made, the Pennittee shall be deemed to be in noncompliance with 15A NCAC 2D .0521. Air Quality Permit No. 05455T17 Page 18 Recordkeeping [15A NCAC 2Q .0508(f)] d. The results of tine monitoring shall be maintained in a logbook (written or electronic format), kept on site, and made available to an authorized representative upon request. The logbook shall record the following: L the date and time of each recorded action; ii. the results of each observation and/or test noting those sources with emissions that were observed to be in noncompliance along with any corrective actions taken to reduce visible emissions. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0521 if these records are not maintained. Reporting[15A NCAC 2Q .0508(f)] e. The Permittee shall submit a summary report of the observations by 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 fi•om the requirements of this permit must be clearly identified. 2. 15A NCAC 2D.0530: PREVENTION OF SIGNIFICANT DETERIORATION a. The Permittee shall employ wet suppression on coal unloading, front end loader operations, coal storage pile load in/out, and wind erosion coal piles. Maintain partial enclosures on conveyors. [15A NCAC 2D .0530] Monitoring [15A NCAC 2Q .0508(f)] b. Particulate matter emissions from the coal piles and unloading shall be controlled by wet suppression. To assure compliance, the Permittee shall perform inspections and maintenance on the wet suppression system as recommended by the manufacturer. In addition to the manufacturer's inspection and maintenance reconunendations, or if there are no manufacturer's inspection and maintenance reconunendations, as a minimum, the inspection and maintenance requirement must include a monthly external visual inspection of the system for integrity of piping and nozzles. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0530 if the system is not inspected and maintained. c. A wet suppression log shall be maintained indicating areas and dates wet suppression was applied. No reporting is required but the log shall be made available to a DAQ representative upon request. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0530 if the wet suppression log is not maintained. d. The Permittee shall perform a monthly visual inspection along with maintenance as appropriate on tine partially enclosed conveyors to ensure covers are structurally sound and in good repair. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0530 if the conveyor enclosures are not inspected and maintained. Recordkeeping[15A NCAC 2Q.0508(f)] e. The results of inspection and maintenance shall be maintained in a logbook (written or electronic format), kept on site, and made available to an authorized DAQ representative upon request. The logbook shall record the following: i. the date and time of each recorded action; ii. tine results of each action or inspection; iii. a report of any maintenance performed on any wet suppression system and conveyor enclosure; and iv. any variance fi-om manufacturer's recommendations, if any, and corrections made. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0530 if these records are not maintained. Reporting [15A NCAC 2Q .0508(f)] f. Within 30 days of a written request from tine DAQ, the Permittee shall submit a report of any maintenance performed on a wet suppression system or conveyor enclosure. g. The Penmittee shall submit a sunnnary report of monitoring and recordkeeping activities by January 30 of each calendar year for the preced'ung 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. Air Quality Permit No. 05455T17 Page 19 A One 7100 gallons aqueous ammonia storage tank(11) No. ES-15) The following table provides a summary of limits and standards for the emission source(s)described above: Regulated Limits/Standards Applicable Regulation Pollutant Toxic Air See Section 2.2 A.1. 15A NCAC 2D.1100 Pollutants State-only requirement Toxic Air See Section 2.2 A.3, 15A NCAC 2Q.0711 Pollutants State-only requirement E. One diesel fired 340 hp emergency fire pump (11) No. ES-1) The following table provides a summary of limits and standards for the emission source(s)described above: Regulated Limits/Standards Applicable Regulation Pollutant Sulfur Dioxide 2.3 pound per million Btu heat input 15A NCAC 2D.0516 Visible Emissions 20 percent opacity 15A NCAC 2D.0521 Hazardous Air See Section 2.1 E3. 15A NCAC 21).1111 Pollutants [40 CFR 63 Subpart ZZZZ] Toxic Air See Section 2.2 A.1. 15A NCAC 21) .1100 Pollutants State-only requirement Toxic Air See Section 2.2 A.3. 15A NCAC 2Q .0711 Pollutants I State-only requirement 1. 15A NCAC 2D .0516: SULFUR DIOXIDE EMISSIONS FROM COMBUSTION SOURCES a. Emissions of sulfur dioxide, when burning diesel fuel ut this source (ID No. ES-1), shall not exceed 2.3 pounds per million Btu heat input. Sulfur dioxide formed by the combustion of sulfur in fuels, wastes, ores,and other substances shall be included when determining compliance with this standard. Testin [15A NCAC 2Q.0508(f)] b. If emissions testing is required, the testing shall be performed in accordance with General Condition JJ. If the results of this test are above the limits given in Section 2.1 E.l.a. above, the Pennittee shall be deemed ut noncompliance with 15A NCAC 2D .0516. Monitoring/Recordkeepinpr/ReportinE [15A NCAC 2Q .0508(f)] c. No monitoring/recordkeeping/reporting is required for sulfur dioxide emissions from burning of diesel fuel in this source(ID No. ES-I). 2. 15A NCAC 2D .0521: CONTROL OF VISIBLE EMISSIONS a. Visible emissions from this source (ID No. ES-1)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. [15A NCAC 02D .0521 (d)] Testing [15A NCAC 2Q.0508(f)] b. If emissions 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 E.2.a. above, the Pennittee shall be deemed in noncompliance with 15A NCAC 2D.0521. Monitoriske/Reeordkeeping/Reporting [15A NCAC 2Q .0508(f)] c. No monitoring/record keep ing/reporting is required for visible emissions from firing of diesel fuel in this source(ID No. ES-1). Air Quality Permit No. 05455T17 Page 20 3. 15A NCAC 2D .1111 MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY [40 CFR 63 SUBPART ZZZZ] a. The Permittee shall comply by May 3, 2013, with all applicable provisions, including the requirements for emission limitations, testing, monitoring, record keeping, notification, and repotting, contained in Environmental Management Commission Standard 15A NCAC 2D .I I I I "Maximum Achievable Control Technology" as promulgated in 40 CFR Part 63 Subpart ZZZZ "National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines (RICE)" including Subpart A"General Provisions." f40 CFR 63.6595(a)(I)] 2.2- Multiple Emission Source(s) Specific Limitations and Conditions A. Facility-snide The following table provides a summary of limits and standards for the emission source(s)describe above: Regulated Limits/Standards Applicable Regulation Pollutant toxic air See Section 2.2 A.1. 15A NCAC 2D .1100 pollutants State-only Requirement HAP See Section 2.2 A.2. 15A NCAC 2Q .0317 [MACT Avoidance] toxic air See Section 2.2 A.3. 15A NCAC 2Q .0700 pollutants State-only Requirement State-only Requirement 1. 15A NCAC 2D .1100 CONTROL OF TOXIC AIR POLLUTANTS a. Pursuant to 15A NCAC 2D .1100 and in accordance with the approved application for an air toxic compliance demonstration,the following permit limit shall not be exceeded: Emission Sources Pollutants Emission Rates Boilers Acrolein 0.064 lb/hr (ID Nos. ES-IA and ES- Ammonia 11.4 lb/hr IB) Arsenic and inorganic arsenic 83.2 lb/yr compounds Combined Emission Rate Benzene 1,970 Ib/ yr Benzo(a)pyrene 9.79 lb/ r Beryllium 4.l lbs/yr Cadmium 15.8 lbs/yr Chlorine 0.77 lb/hr 18.6 lb/day Soluble chromate compounds, as 0.036 lb/day chromium (VI)equivalent Hydrogen chloride 3.34 lbs/hr Formaldehyde 1.89 lb/hr Manganese and compounds 3.1 lb/day Mercru-y,vapor 0.38 lb/day Nickel, soluble compounds, as 0.34 lb/day nickel Air Quality Permit No. 05455T 17 Page 21 Emission Sources Pollutants Emission Rates Hexachlorodibenzo-p-dioxin 6lbs/yr 1,2,3,6,7,8 Vinyl chloride 67.4 lbs/ Emergency Fire Pump Acrolein 5.75 x 10-5 1b/hr (ID No. ES-1) Benzene 2.91 x 104 lb/yr Benzo(a)pyrene 5.86 x 10-g lb/yr Soluble chromate compounds,as 4.49 x 10-5 lb/day chromium(VI)equivalent Formaldehyde 7.36 x 104 lb/hr Aqueous Ammonia Storage Ammonia 0.99 lblhr Tank(ID No. ES-15) Testing j15A NCAC 2D.1105] b. No testing is required. Mon itoring/Recordkeening/Renorting 115A NCAC 2D .1105] c. The maximum hours of operation for emergency fire pump (ID No. ES-1)shall not exceed 1,000 hours per rolling consecutive 12-month period. The Permittee shall record monthly and total annually the hours of operation for this fire pump. The Permittee shall make these records available upon request by the DAQ. 2. 15A NCAC 02Q.0317: AVOIDANCE CONDITIONS for 15A NCAC 02D .1111: MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY a. In order to avoid applicability of this regulation,the total hazardous air pollutant(HAP)emissions from the facility shall be less than 10 tons of any single HAP and 25 tons of combined HAP per consecutive 12- month period. [15A NCAC 2Q .0317] Testing [15A NCAC 2Q .0508(f)] b. Under the provisions of NCGS 143-215.108, the Permittee shall develop emissions factors for hydrochloric acid (HCi) and chlorine in pounds per million Btu by testing one of the boilers (ID Nos. ES-IA and ES- 1 B) for each fuel that will be combusted in either boiler. A testing protocol must be approved by the DAQ. Emissions testing and reporting requirements can be found in Section 3 - General Condition JJ. Testing shall be completed and the results submitted witliun the later of 180 days after the effective date of this permit or 180 days after the Permittee commences the commercial use of that fuel, provided that in either case an alternate date may be approved by the DAQ. Testing shall be performed in such a way that allows developing individual emissions factors for use in Section 2.2 A.2.c. below. The submittal of the test results shall be deemed a request by the Permittee that the permit be modified to include the new information. If this test is not performed or the emissions factors of HC1 and chlorine for each fuel are not developed, the Permittee shall be deemed in noncompliance with 15A NCAC 2D .I I1 1. Mon itoring/Recordkeeping[15A NCAC 2Q .0508(f)] c. Calculations of emissions of HCI and chlorine shall be made at the end of each month and recorded monthly in a logbook, in accordance with the following formulas. HCI,tons/month= (((Monthly non-CISWI subject Wood Usage in lbs x 5,000 Btu/lb)x(7.77E-03 lb/million Btu))+ ((Monthly Coal Usage in lbs x 13,320 Btu/lb)x(7.50E-02 lb/million Btu)))/(2,000 lbs/ton) Chlorine,tons/month= Air Quality Permit No, 05455T 17 Page 22 (((ivlonthly non-CISWI subject Wood Usage in lbs x 5,000 Btu/ib)x(1.80E-03 lb/million Btu))+ ((ivionthly Coal Usage in lbs x 13,320 Btu/lb)x(4.00E-02 lb/nnillionn Btu))+ ((ivionthly Tire-Derived Fuel Usage in lbs x 13,650 Btu/Ib)x(6.00E-02 lb/million Btu))+ ((Monthly No. 2 Fuel Oil Usage ui gallons x 140,000 Btu/gallons)x(1.30E-02 lb/million Btu))+ ((Monthly No.4 Fuel Oil Usage in gallons x 150,000 Btu/lb)x(1.30E-02 lb/million Btu)))/(2,000 lbs/ton) d. The DAQ shall revise the air quality permit 05455T17 to include the DAQ-approved emissions factors for HCI and chlorine, developed in Section 2.2 A.2.b. above, in accordance with the provision in 15A NCAC 2Q .0514 "Administrative Permit Amendments." In addition, the Permittee can request to DAQ to revise the air quality permit to update the heating values of any fuels in this Section 2.2 A.2.c. after DAQ review and approval, in accordance with the provision in 15A NCAC 2Q .0514 "Administrative Permit Amendments." If the required records are not maintained in a logbook or the emissions of HCI or chlorine exceed 10 tons for any consecutive 12-month period each, or the permit application is not submitted to administratively revise the air quality permit 05543T18 to include the DAQ-approved emissions factors for HCI and chlorine,the Permittee shall be deemed in noncompliance with 15A NCAC 2D ,1111, e. Prior to burning pelletized paper or flyash briquettes in boilers (1D Nos. ES-IA and ES-1I3), the Pennittee shall request a modification of the permit and provide to DAQ for its review and approval such data as may be necessary to calculate the emissions of HCl and chlorine. The Permittee shall not burn pelletized paper or flyash briquettes in boilers (ID Nos. ES-lA and ES-113), until such data and calculation methodology are approved by DAQ. f. Pennittee shall keep a record of the applicability determination on site at the source for a period of Eve years after the detennination, or until the source becomes an affected source. The determination shall include the analysis demonstrating why the Permittee believes the source is unaffected pursuant to 40 CFR Part 63.10(b)(3). The Permittee shall be deemed in noncompliance with 15A NCAC 2D .I I I I if the records are not maintained. Reporting[15A NCAC 2Q .0508 (f)] g. Pennittee shall submit a semi-annual summary report, acceptable to the Regional Air Quality Supervisor, 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. The report shall contain the following: i. The monthly HCI and chlorine emissions for the previous 17 months. The emissions must be calculated for each of the 12-month periods over the previous 17 months. All instances of deviations fi•om the requirements of this permit must be clearly identified. State-only Requirement 3. 15A NCAC 2Q .0711: EMISSION RATES REQUIRING A PERMIT a. Pursuant to 15A NCAC 2Q .0711, for each of the below listed toxic air pollutants (TAPs), the Pennittee has made a demonstration that facility-wide actual emissions do not exceed the Toxic Permit Emission Rates (TPERs) listed in 15A NCAC 2Q .0711. The facility shall be operated and maintained in such a manner that emissions of any listed toxic air pollutant(s) from the facility, including fugitive emissions,will not exceed the TPERs specified in 15A NCAC 2Q.0711. i. A permit to emit any of the below listed TAPs shall be required for this facility if actual emissions from all sources will become greater than the corresponding TPER, ii. PRIOR to exceeding any of these listed TPERs, the Pennittee shall be responsible for obtaining a permit to emit TAPS and for demonstrating compliance with the requirements of 15A NCAC 2D .1100. iii. In accordance with the approved application, the Permittee shall maintain records of operational information demonstrating that the TAP emissions do not exceed the TPER(s)as listed below: Air Quality Permit No. 05455T17 Page 23 TPERs Limitations Pollutant(CAS Number) Carcinogens Chronic Toxicants Acute Systemic Acute Irritants (lb/rr} (lb/day) Toxicants(lb/hr) (lb/hr) acetaldehyde(75-07-0) 6.8 1,3-butadiene(106-99-0) 11 1 carbon tetrachloride(56-23-5) 460 ichlorobenzene(108-90-7) 46 chloroform(67-66-3) 290 di(2-ethylliexyl)phthalate(117- 0.63 81-7) ethylene dichloride(107-06-2) 260 methylene chloride(75-09-2) 1600 0.39 methyl chloroform(71-55-6) 250 64 methyl ethyl ketone(78-93-3) 78 22A , perchloroethylene(127-18-4) 13000 pentachlorophenol(87-86-5) 0.063 0.0064 phenol(108-95-2) 0.24 polychlorinated biphenyls 5.6 (1336-36-3) styrene(100-42-5) 2.7 toluene(108-88-3) 98 14.4 trichloroethylene(79-01-6) 4000 trichlorofluoronietliane(75-69- 140 4) xylene(1330-20-7) 57 16.4 b. The Permittee is allowed to burn the following as supplemental fuels in the boilers, provided that the wastes are generated at this plant-site and are coinbusted under conditions of high fire producing high steam demand: i. waste water basin/evaporation pit sludge of a maximum feed rate of 1% by weight not to exceed 20 tons per year, ii. activated carbon filters from the water treatment process not to exceed 10 tons per year,and iii, boiler cleaning solution with a maximum injection rate of 10 gallons per minute of the solution per 100,000 pounds of steam flow not to exceed 35,000 gallons per year. c. The Permittee may use the following for normal start-up of the boilers, provided that the oil is generated at this plant-site: L unadulterated oil soaked rags, ii. wood scraps, iii. used oil absorbents, iv. used/fuel oil soaked rags,and v. used oil soaked wood chips. d. The Permittee may burn `regenerated' spent cation/anion resins [spent demineralizer resin] in the boilers once the following conditions have been niet: i. Testing adequate to determine the quantity and type of any toxic materials listed in NCAC 2Q .0711 Air Quality Permit No. 05455T 17 Page 24 shall be performed. The results shall be forwarded to the Fayetteville Regional Supervisor, Division of Air Quality. ii. The Permittee shall request and obtain written permission from the Fayetteville Regional Supervisor, Division of Air Quality,prior to burning the resins. iii. Combustion of these plant wastes will occur with the following limitations: A. Wastes are generated from this plant-site, B. Wastes are combusted in the boiler(s) operating under conditions of high fire producing high steam demand, C. Combustion of these plant wastes will occur with the following limitations that the maximum amount of`regenerated' spent cation/anion resins [spent demineralizer resin) shall not exceed 40 tons per year. e. The tire derived fuel feed rate shall not exceed 40%of the heat input of each boiler. f. To comply with this permit and avoid the applicability of 15A NCAC 2Q .0706, "Modifications" as requested by the Permittee, toxic pollutant emissions from the firing of the alternative fuel flyash briquettes in the boilers shall be less than the emissions from the firing of coal in the boilers. To ensure enforceability of this limit, a total of no more than 36 tons per day of flyash briquettes will be fired in the boiler. Mon itoring/Record keeping g, The Permittee shall maintain a plant waste fuel start-up logbook onsite with the following information: L date of start-up, ii. hours of start-up, and iii. quantity and type of materials used when plant wastes are used to start-up the boilers. h. The Permittee shall maintain a plant waste combustion logbook onsite with the following information: i. date of plant waste combustion, ii. type of plant waste combusted, iii. quantity of waste materials combusted, iv. feed rate of plant waste to the boiler, v. feed rate of coal to the boiler,and vi. documentation of any feed rate limitation, if applicable. i. The Permittee shall maintain a tire derived fuel (TDF) combustion logbook onsite with the following information: i. date of TDF combustion, ii, quantity of TDF combusted, iii, feed rate of TDF to the boiler, iv, feed rate of coal to the boiler, and v. documentation of any feed rate limitation, if applicable. j. The Permittee shall maintain a pelletized paper fuel (PPF) combustion logbook onsite with the followinng information: i. date of PPF combustion, ii. description of PPF combusted, iii. quantity of PPF combusted, iv. feed rate of PPF to the boiler, v. feed rate of coal to the boiler,and vi. documentation of any feed rate limitation,if applicable. k. The Permittee shall maintain a flyash briquette combustion logbook onsite with the following information: i. daily quantity of flyash briquettes combusted, and ii. daily recordkeeping is only required on days in which briquettes are burned. Reportirn 1. Within 30 days after each calendar year,the following shall be reported: L the total amount of the flyash briquettes burned, and ii. the chemical composition datasheet and/or MSDS for each shipment of flyash briquettes received during that calendar year. in. Prior to combustion for the first time, the Permittee shall submit an analysis of the used oil and unadulterated oil equivalency determination for approval. n. Within 30 days after the end of each calendar year, the Permittee shall submit a report of the number of gallons of used oil combusted and an analysis of the used oil. o. Within 30 days after the initial use of each of these permitted alternative fuels and plant wastes, the Air Quality Permit No. 05455T17 Page 25 Permittee shall submit in writing the type of fuel or plant waste and the date in which the material was first used in the boilers. 2.3- Phase II Acid Rain Permit Requirements ORIS code: 10380 A. Statement of Basis Statutory and Regulatory Authorities: In accordance with the provisions of Article 21B 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. B. S02 Allowance Allocations and NOx Requirements for each affected unit 2012 2013 2014 2015 2016 Unit 1 SO2 allowances, (ES-lA) under Tables 2, NA* NA* NA* NA* NA* 3, or 4 of 40 CFR part 73. Unit 2 (ES-1B) NOr limit NA** * S02 allowances were not allocated by U.S. EPA for these units under 40 CpR part 72, *' Does not apply for units that are not subject to an Acid Rain emissions[unit for S02 under Phase I or Phase 11 of the CAA as specified in 40 C1'R 76.1(a). C. Comments, Notes and Justifications None. D. Permit Application (attached) The permit applications submitted for this facility, as approved by the Department of Environment and Natural Resources, Division of Air Quality,are part of this permit. The owners and operators of these Phase II acid rain sources must comply with the standard requirements and special provisions set forth in the attached application. 2.4- Clean Air Interstate Rule (CAIR) Permit Requirements ORIS code: 10380 The following sources are affected CAIR units: PERMITTED CAIR ID No. SOURCE ID No. ES-Unit IA Unit I ES-Unit 1 B Unit 2 Air Quality Permit No. 05455T 17 Page 26 A. 15A NCAC 2D.2403: NITROGEN OXIDE EMISSIONS I. The total nitrogen oxide(NOx)emissions from the affected CAIR units listed above at the Elizabethtown Energy, LLC shall not exceed,except as provided in 15A NCAC 2D.2408: [15A NCAC 2D.2403] a. 86 tons annually for 2009-2014;and b. 73 tons annually 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 ur 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] 3. The owner or operator of any unit or source covered tinder 15A NCAC 2D .2403 shall be subject to the provisions of 40 CFR 96.106(t). [15A NCAC 2D.2403] MonitorinZ/RecordkeeningIRenortiiig[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 HH 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). 7. The provisions of 40 CFR 96.106(d)shall be used for excess emissions. B. 15A NCAC 2D.2405: NITROGEN OXIDE EMISSIONS DURING OZONE SEASON I, Ozone season NOx emissions from the affected CAIR units listed above at the Elizabethtown Energy, LLC shall not exceed,except as provided in 15A NCAC 2D.2408: [15A NCAC 2D.2405(a)(1)and(b)] a. 51 tons during the ozone season for 2009-2014;and b. 43 tons during the ozone season for 2015 and later The ozone season shall be defined as the period of time extending from May 1 rt 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). 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). [I5A NCAC 2D .2405] MonitoriirizIRecordlceepitiWReportintt[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 making deductions for excess emissions for the ozone season in 2008 under the NOx SIP Call(15A NCAC 21).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 SOz units are listed in the Table below: Air Quality Permit No. 05455T 17 Page 27 ALLOCATION ALLOCATION CAIR ID No. FOR FOR 2000-2009 2010 AND LATER Unit I None None Unit 2 None None 2. The affected CAIR SOz 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.24081 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). [15A NCAC 2D.2404] Moiritoring Recordkeeplii2tRet)ortinn [15A NCAC 2D .2404 and 15A NCAC 2D.2407(a)(2)] 4. The Permittee shall comply with the monitoring, recordkeeping, and reporting requirements in 40 CFR 96.206(b)and(e),and 40 CFR 96 Subpart HHH for each CAIR SO2 unit. 5. The emissions of sulfur dioxides of a 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 detennine compliance by each CAIR SOZ 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. CAIR Permit Application The permit application 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 CAM NOx and SOz sources must comply with the standard requirements and special provisions set forth in the following attached application: CAIR Pen-nit Application dated February 17,2010. Air Quality Permit No.05455T17 Page 28 SECTION 3 - GENERAL CONDITIONS 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)] 1. Terns not otherwise defined in this permit shall have the meaning assigned to such terms as defined in 15A NCAC 21)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$'olm the North Carolina Environmental Management Conunission. 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. Tire 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 teen 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)1 In the event of an admuristrative 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 [15A NCAC 2Q .0507(c)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 oil the cover page of this permit. For continuous emissions monitoring systems (CEMS) reports, continuous opacity monitoring systems (CONtS) 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,NC 27699-1641 All submittals shall include the facility name and Facility ID number(refer to the cover page of this permit). E. Duty to Comply[15A NCAC 2Q .0508(i)(2)] The Pennittee shall comply with all terms, conditions, requirements, limitations and restrictions set forth in this permit. Noncompliance with any permit condition except conditions identified as state-only requirements Air Quality Permit No. 05455T17 Page 29 constitutes a violation 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 a permit renewal application. F. Circumvention -STATE ENFORCEABLE ONLY The facility shall be properly operated and maintained at all tunes in a manner that will effect an overall reduction in air pollution. Unless otherwise specified by tills permit, no ernission source may be operated without the concurrent operation of its associated air pollution control device(s)and appurtenances. G. Permit Modifications 1. Administrative Permit Amendments[15A NCAC 2Q.051d] 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,052d 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 [15A NCAC 2Q.0515] The Pernittee shall submit an application for a minor permit modification in accordance with 15A NCAC 2Q .0515. 4. Significant Permit Modifications[15A 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. H. Changes Not Requiring Permit Modifications 1. Reporting Requirements Any of tine following that would result in new or increased emissions from the emission source(s) listed in Section I 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 tine 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 enforceahle permit terns and conditions that are monitoring (including test methods), recordkeeping, 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 tine 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: L a description of the change; ii. tire 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 pen-nit is revised or renewed,whichever comes first. 3. Off Permit Changes [15A NCAC 2Q .0523(b)] Air Quality Permit No. 05455T17 Page 30 The Permittee may make changes in the operation or emissions without revising the permit if: 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 I15A NCAC 2Q.0523(c)] To the extent that emissions trading is allowed under 15A NCAC 21), 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. Reporting Requirements for Excess Emissions and Permit Deviations [15A NCAC 2D.0535(f)and 2Q.0508(0(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. (Dote: Definitions oj'excess emissions under 2D.I 110 and 2D.1111 shall apply where defined by rule.) "Deviations" - for the purposes of this condition, any action or condition not in accordance with the terms 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), NESHAPS (15A NCAC 2D .1110 or,1111), 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 (15A NCAC 2D .0524),NESHAPS (15A NCAC 2D .I 110 or .1 I 11), 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 fi•om 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 fist 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 irr 15A NCAC 2D.0535(f)(3). Permit Deviations 3. Pursuant to 15A NCAC 2Q.0508(f)(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 fi•om 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 preveutative actions taken. The responsible official shall certify all deviations fi-om permit requirements. I.B. Other Requirements under 15A NCAC 2D.0535 The Permittee shall comply with all other applicable requirements contained in 15A NCAC 2D .0535, including 15A NCAC 2D.0535(c)as follows: 1. 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 cousidered a violation of Air Quality Permit No. 05455T17 Page 31 the appropriate rule if the oNvner or operator cannot demonstrate that excess emissions are unavoidable. J. 1 meryency Provisions[40 CFR 70.6(g)] The Permittee shall be subject to the following provisions with respect to emergencies: L An emergency means any situation arising fi-om 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 iin 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 took all reasonable steps to minimize levels of emissions that exceeded the standards or other requirements in the permit;and d. tine Permittee submitted notice of the emergency to tine 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 tine Permittee or applicant has complied with 15A NCAC 2Q .0512(b)(1), this 15A NCAC 2Q .0500 permit shall not expire until the renewal pennit has been issued or denied. Pernih 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 Activity 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 permit. NI. Duty to Provide information(submittal of information)[15A NCAC 2Q.0508(i)(9)] 1. Tile Permittee shall furnish to the DAQ, in a timely manner,any reasonable information that the Director may request in writin to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with tine permit. 2. The Permittee shall furnish 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 Permittec may furnish such records directly to the EPA upon request along with a claim of confidentiality. N. Duty to Supplement[15A NCAC 2Q.0507(f)] The Permittee, upon becoming aware that any relevant facts were omitted or incorrect information was submitted in the pennit application, shall promptly submit such supplementary facts or corrected information to the DAQ. The Pennittee shall also provide additional information as necessary to address any requirement that becomes applicable to the facility after tite date a complete pennit application was submitted but prior to the release of the draft pennit. O. Retention of Records[15A NCAC 2Q.0508(f)and 2Q.0508(l)] Air Quality Permit No. 05455T17 Page 32 The Pernittee shall retain records of all required monitoring data and supporting information for a period of at least five years fi-orn the date of the monitoring sample, measurement, report, or application. Supportng information 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 Pernittee 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 1 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 tine terms and conditions of the permit for tine 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 farmed after reasonable inquiry,the statements and information in the document are true,accurate,and complete. R. Permit Shield for Applicable_Requirements[15A NCAC 2Q .05121 1. Compliance with 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. tine power of tine Commission, Secretary of the Department, or Governor under NCGS 443-215.3(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 Federal 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 pen-nit 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 innformation contained in the application or presented in support thereof is determined to be incorrect; 2. tine conditions under which the permit 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 earry out the purpose ofNCGS Chapter 143,Article 21B. T. Insignificant Activities[15A NCAC 2Q .05031 Because all emission source or activity is insignificant does not mean that the emission source or activity is exempted fi-om any applicable requirement or that the owner or operator of the souree is exempted frorn demonstrating compliance with any applicable requirement. The Pernittee shall have available at the facility at all times and made available to an authorized representative upon request, documentation, includhig calculations, if Air Quality Permit No. 05455T 17 Page 33 necessary,to demonstrate that an emission source or activity is insignificant. U. Property Rights [15A NCAC 2Q,0508(i)(8)] 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 pennitted 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 tunes 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 Permittee 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 information 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 rind 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 all applicable provisions of 15A NCAC 2Q .0100 and .0300. AA.Standard Ap lication 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. 1313.Financial Responsibility and Compliance History 115A 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(Stratospherle Ozone and Climate Protection)[15A NCAC 2Q .0501(e)] Air Quality Permit No. 05455TI7 Page 34 1. If the Pernnittee has appliances or refrigeration equipment, including air conditioning equipment, which use Class 1 or II ozone-depleting substances such as chlorofluorocarbons and hydrochlorofluorocarbons listed as refrigerants in 40 CFR Part 82 Subpart A Appendices A and B, tine Permittee shall service, repair, and maintain such equipment according to the work practices, personnel certification requirements, and certified recycling and recovery equipment specified in 40 CFR Part 82 Subpart F. 2. The Permittee shall not knowingly vent or otherwise release any Class I or 1I 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 recordkeephng requirements of 40 CFR - 82.166, Reports shall be submitted to the EPA or its designee as required. DD.Prevention of Accidental Releases-Section 112(r)[I5A NCAC 2Q .0508(h)] If the Pennittee 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 murimize the consequences of any release. FF. Title IV Allowances [15A NCAC 2Q.0508(i)(1)] This permit does not limit tine 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 Pennittee's emissions may not exceed any allowances that the facility lawfully holds tinder Title IV of the Federal Clean Air Act. GG.Air Pollution Emergency Episode [I5A NCAC 2D .03001 Should the Director of the DAQ declare all Air Pollution Emergency Episode, the Permittee will be required to operate in accordance with the Permittee'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 Pennittee 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 Quality Standards[15A NCAC 2D.0501(c)] In addition to any control or mariner 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. JJ. 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, .1 110, .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 Air Quality Permit No.05455TI7 Page 35 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 fulfills 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 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 the 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 he 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 irn Section 2D ,2600 has precedence over all other tests. KK.Reopening for Cause[15A 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 funds 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 pennit;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 pennit 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 tern 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 pennit, 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 pennit 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 innrninent 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 tennination,modification,or revocation and reissuance,as appropriate. LL. Reporting Requirements for Non-Operating Equipment[15A NCAC 2Q .0508(i)(16)] The Pennittee 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 pennit shall be implemented within the monitoring period. rINEM.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 Air Quality Permit No. 05455T 17 Page 36 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). NN.Snecific Permit Modifications[I5A NCAC 2Q.0501 and.0523] 1. For modifications made pursuant to 15A NCAC 2Q.0501(c)(2),the Pennittee 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 I5A NCAC 2Q .0501(d)(2), the Perinittee 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 Pennittee shall notify the Director and EPA (EPA - Air Planning Branch, 61 Forsyth St., Atlanta, GA 30303) in writing at least seven days 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 T5" 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 Pernnittee from satisfying preconstruction requirements. 00. Third Party Participation and EPA Review[15A NCAC 2Q.0521, .0522 and.0525(7)] For permits 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 .0518 begins at the end of the 45-day EPA review period. Air Quality Permit No.05455T17 Page 37 ATTACHMENT List of Acronyms AOS Alternate Operating Scenario BACT Best Available Control Technology Btu British thermal unit CAA Clean Air Act CAIR Clean Aii Interstate Rule CEM Continuous Emission Monitor CFR Code of Federal Regulations 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 MACT 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 PMro Particulate Matter with Nominal Aerodynamic Diameter of 10 Micrometers or Less POS Primary Operating Scenario PSD Prevention of Significant Deterioration RACT Reasonably Available Control Technology 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. 2060-0256 Acid Rain Program Approval expires 11/30/2012 yEPA Acid Rain Permit Application For more information,see instructions and 40 CFR 72.30 and 72,31. This submission Is: —new —revised �for Acid Rain permit renewal STEP 1 Identify the facility name, State, and plant (OBIS) Facility Source Elizabethtown Energy, LLC State NC Plant Code 10380 code. STEP 2 a b Enter the unit IDf# 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." Unit 1 Yes Unit 2 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes EPA Form 7610-16(Revised 12-2009) Acid Rain - Page 2 Facility Source Name from STEP 1 Elizabethtown Energy, LLC 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: (1) 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 (li) 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 (ii) 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) Acid Rain - Page 3 Fadi Source ;`lame from STET' 1 Elizabethtown EneLQy, LLC 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 Requirements (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) Acid Rain - Page 4 Facility Source Name from STEP 1 Elizabethtown Ene[Qy,k1C Recordkeeping and Reporting Requirements, 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. Liability (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) Acid Rain - Page 5 Facility Source Name from STEP Elizabethtown Ener , LLC 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 DaleXe c` , V W i erin & Permitting axSignature Date 11108/2011 EPA Form 7610-16(Revised 12-2009j Clean Air Interstate Rule (LAIR) Permit Application for Administrative Amendment to Title V Permit to Add CAR 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 ❑Renews€Page 1 STEP 1 Legal Co orate/Owner Name Elizabethtown Energy,LLC Identify the source by filling in the requested Site Address 3100 West Broad St City Elizabethtown 7jp Code 28337 data. Plant Name Elizabethtown Energy,LLC County bladen ORIS/Plant Code 10380 STEP 2 Title V Pormlt No. 05455T14 TV Rev.05455T14 NC Facility€D 0900043 In column"a"enter the unit ID#for every CAIR unit at the CAIR source. Permit Technical Contact Trisha Elizondo Facility Inspection Contact: Mike Wood Address;2705 Bee Caves Rd,Suite 340,Austin TX 78746 Address: PO Box 809,Kenansville,NC 28349 In columns"b","c",and Phone No. (512)314-8614 Phone No. (910)296-1909 ext 227 "d"indicate to which Fax No. (512)314-8699 Fax No. (910)296-0203 CAIR program(s)each email: telizondo@topazpowergroup.com email: mwood@coastalccp.com unit Is subject by placing an"X" in the column(s). For new units,enter the a b c d e f requested information in columns"e"and'P'• Unit ID# Unit will hold Unit will hold nitrogen oxides Unit will hold NOx Ozone New Units New Units (NOx) sulfur dioxide Season Expected Expected I allowances in (SO2)naccordance allowances allowances in Commence Monitor accordance with n a accordance with Commercial Certification 96 40 CFR , 40 CFR 40 CFR Operation Date Deadline 96.106(cx1) 206(c;{1) 96.306(c)(1) Unit 1 X X X Unit 2 X X X CAIR Part-Page 2 Elizabethtown Energy LLC STEP 3 CAIR NOx ANNUAL TRADING PROGRAM Read the CAIR Part Requirements. standard (1) The CAfR 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 permit at the source shall: (I)Submit to the 1JAQ a complete and certified CAIR part form under 40 CFR part 96.122 and 15A NCAC 2t7.2406;and (il)(Reserved); (2) The own6M afW Aterators 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 shalt 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 CA;R Part Monitoring, Reporting, and Recordkeeping Requirements. (1)The owners and operators,and the CAIR designated representative,of each CAIR NOx source and each CA[R NOx unit at the source shall comply with the monitoring,reporting,and recofdkeeping requirements of 40 CFR part g6 subpart HH and 15A NCAC 2fl.2407 (2)The emissions measurements recorded and reported in accordance with 40 CFR part 96 subpart HH shall be used to determine compliance by each CAIR NOx source with the followng CAIR NOx Emissions Requirements. NOx Emission Requirements. (1)As of the allovmnce transfer deadline for a contro4 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 avallabfe 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 subpart 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 for meeting the units monitor certification requirements under 40 CFR 96.170(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 held In,deducted from,or transferred Into or among CAIR NOx Allowance Tracking System accounts in accordance with 40 CFR part 96 subparts FF and GG. (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 shatl be construed to limit the 2u0lority 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 GG,every allocation,transfer,or deduction of a CAIR NOx allowance to or from a CAIR NOx unit's 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 surrenderthe CAIR NOx allowances required for deduction under 40 CFR 96.154(dKt)and pay any fine,penalty,or assessment or comply with any other remedy fmposed,for the same vie[alforts,under the Clean Air Act of applicable State law,and (2)Each ton of such excess emissions and each day of such control period shalt constitute a separate violation of 40 CFR part 95 subpart AA, the Clean Alf Act,and applicable State taw. Recordkeeping and Reporting 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 writing by the Director or the Administrator. (t)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 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. (II)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 96 subpart HH 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 CAIR NOx Annual Trading Program. (lv)Coples 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 submft the reports required under the CAIR NOx Annual Trading Program,Including those under 40 CFR part 96 subpart HH. CAIR Part-Page 3 Elizabethtown Energy LLC STEP 3, Continued E_iahili (1)Each CAIR NOx source and each CAIR NOx unit shad meet the requirements of the CAIR NOx Annual Trading Program. (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 provision of the CAIR NOx Annual Trading Program that applies to a CAIR NOx unit or the CAIR designated representative of a CAIR NOx unit shalt also apply to the owners and operators of such upiL 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 permit,or the Clean Air Act CAIR S02 TRADING PROGRAM CAIR Part Requirements. (1)The CAIR designated representative of each CAIR SO2 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: (I)Submit to the DAQ a complete and certified CAIR part form under 40 CFR part 96,222 and 15A NCAC 2D.2406;and (11)[Reserved]; , (2) The owners and operators of each CAIR SO2 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 permit 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 camp#fiance with such CAIR Part Monitoring, Reporting, and Recordkeetaing Requirements. (1)The owners and operators,and the CAIR designated representative,of each CAIR S02 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 shalt be used to determine compliance by each CAIR S02 source with the following CAIR SO2 Emission Requirements. SOz 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 shah told,)n the source's compliance account,a tonnage equivalent 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 SO2 unit shall be subject to the requirements under paragraph(1)of the Sulfur Dioxide Emission Requirements starting on the later of January 1,2010 or the deadline for meeting the uniCs monitor certification requirements under 40 C FR 96.270(bK1)or(2)and for each control period thereafter. (3)A CAIR S02 allowance shall not be deducted,for compliance with the requirements under paragraph(1)of the S02 Emission Requirements,for a control period in a calendar year before the year for which the CAIR S02 allowance was allocated. (4)CAIR S02 allowances shall be held in,deducted from,or Ira nsfefred Into or among CAIR S02 Allowance Tracking System accounts in accordance with 40 CFR part 96 subparts FFF and GGG. (5)A CAIR S02 allowance Is a limited authorization to emit sulfur dioxide in accordance with the CAIR SOz Trading Program.No provision of the CA[R S02 Trading Program,the CAIR Part,or an exemption under 40 CFR 96.205 and no provision of law shall be construed to limit the authority of the State or the United States to terminate or limit such authoraatIon. (6)A CAIR S02 allowance does not constitute a property righL (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 SO2during any control period in excess of the CAIR S02 emissions limitation,then: (1)The owners and operators of the source and-each CAIR S02 unit at the source shall surrender the CAIR SO2 allowances required for deduction under 40 CFR 96.254(dK1)and pay any fine,penalty,or assessment ar 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. CAIR Part-Page 4 Elizabethtown Energy LLC Recordkeepinq and Reporting Requirements. (1)Unless otherwise provided,the owners and operators of the LAIR 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 STEP 3 cause,at any time before the end of 5 years,in writing by the Director or the Administrator. (I)The certificate of representation under 40 CFR 96,213 far the CAIR designated representative for the source and each CAIR S02 unit at the Continued source and all documents thatdemonstrate the truth of the statements in the certificate of representation;provided that the certificate and documents shalt 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 96.213 changing the CAIR designated representative- (0)All emissions monitoring Information,In accordance with 40 CFR part 96 subpart HHH of this part,provided that to the extent that 40 CFR part 96 subpart HHH provides for a 3-year period for recordkeeping,the 3-year period shall apply. (lit)Copies of all reports,compliance certifications,and other submissions and ail records made or required under the CAIR S02 Trading Program. (iv) 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 502 Trading Program. (2)The CAIR designated representative of a CAIR S02 source and each CAIR S02 unit at the source shall submitthe reports required under the CAIR S02 Trading Program,3nciuding those under 40 CFR part 96 subpart HHH, Liabiii . (1)Each CAIR S02 source and each CAIR SOz unit shall meet the requirements of the CAIR 502 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 S02 source shalt also apply to the owners and operators of such source and of the CAIR SO2 units at the source. (3)Any provision of the CAIR S02 Trading Program that applies to a CAIR S02 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 SOz 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 S02 source or CAIR S0z unit from compliance with any other provision of the applicable,approved State implementation plan,a federally enforceable permit,or the 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: (I)Submit to the DAQ a complete and certified CAIR part form under 40 CFR part 96,322 and 15A NCAC 20.2406;and (il)[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 CAIR NOx Ozone Season 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 under 40 CFR part 96 subpart CCCC for the source and operate the source and the unit in compliance with such CAIR Part Monitoling, Reporting-and Recordkeepinq Requirements. (1)The owners and operators,and the CAIR designated representative,of each CAIR NOx Ozone Season source and each CAIR NOx Ozone Season unit at the source shall complywith the monitoring,reporting,and recordkeeping requirements of 40 CFR part 96 subpart HHHH and 15A NCAC 2D.2407 (2)The emissions measurements recorded and reported In accordance with 40 CFR part 96 subpart HHHH shall be used to determine cornpgance by each CAIR NOx Ozone Season source with the following LAIR 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 shall 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 40 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 an the later of May 1,2009 or the deadline for meeting the unit's monitor certification requirements under 40 CFR 96.370(bX1),(2),or(3)and for each control period thereafter. (3)A CAIR NOx Ozone Season allowance shall not be deducted,for compiiance,with the requirements under paragraph(1)of the NOx Ozone Season Emission Requirements,for a control 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 CAIR NOx Ozone Season allowance does not constItuto a property right (7)Upon recordation by the Administrator under 40 CFR part 96 subpart EEEE,FFFF or GGGG,every allocation,transfer,or deduc0on of a CAIR NOx Ozone Season allowance to or from a CAIR NOx Ozone Season unirs,compliance account Is incorporated automatically In any CAIR Part of the source that includes the CAIR NOx Ozone Season unit. CAIR Part-Page Elizabethtown Energy LLC AvU L. Excess Emissions Requirements. nits se ion If a CAIR NOx Ozone Season source emits NOx during any contro#period in excess of the CAIR NOx Ozone season emissions limitation, then: (1)The owners and operators of the source and each CAIR NOx Ozone Season unit at the source shall surrender the CAIR NOx Ozone STEP 3, Season allowances required for deduction under 40 CFR 96.354(dX1)and pay any fine,penalty,or assessment or comply with any other Continued remedy imposed,for the same violations,under the Clean Air Actor 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 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 fottowing 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 Admtnistrater. (1)The certificate of representation under 40 CFR 96.313 for the CAR designated representative for the source and each CAIR NOx Ozone Season unit at the source and all documents that demonstrate the truth of the statements in the certificate of representation;provided that the certificate and documents shall be retained on she 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 representa five. (It)All emissions monitoring information,In accordance with 40 CFR part 96 subpart HHHH of this part,provided that to the extent that 40 CFR part 96 subpart HHHH provides for a 3-year period for recordkeeping,the 3-year period shall apply, (ill)Copies of all reports,compliance certifications,and other submissions and all records made or required under the CAIR NOx Ozone Season Trading Program. (iv) Copies of all documents used to complete a CAIR Part form and any other submission under the CAR NOx Ozone Season Trading Program or to demonstrate compliance with the requirements of the CAIR NOx Ozone Season 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 96 subpart HHHH. Liabili . (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 CAIR NOx Ozone Season Trading Program that applies to a CAIR NOx Ozone Season source or the CAIR designated representative of a CAR 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 unlL 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 provision 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 certification made,I certify under penalty of law that i have personally examined,and am familiarwith,the statements and information subm#tted in this document and all its attachments.Based on my lnqutry of Ihose individuals with primary responsibiltty for obtaining the information,I certify that 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 omitting required statements and information,including the possibility of fine or Company name, imprisonment phone, email Dale address; sign, and date. Lebsack Title VP,Engineering Name and Permitting Owner Name Elizabethtown Energy,LLC Company Topaz Power Management,LP Email Address Phone 512 314-8604 diebsack@topazpowergroup.com 2.17.1 Q Si nature Date