HomeMy WebLinkAboutAQ_F_0900043_20160328_PRMT_Permit PAT MCCRORY
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DONALD R. VAN DER VAART
Air Quality SHEILA C. HOLMAN
ENVIRONMENTAL QUALITY 401,
March 28, 2016
Mr. Steven Ingle
VP of Engineering
North Carolina Renewable Power-Elizabethtown,LLC
4599 East Lake Boulevard
Birmingham, AL 35217
SUBJECT: Air Quality Permit No. 05455T21
Facility ID: 0900043
North Carolina Renewable Power-Elizabethtown, LLC
Elizabethtown,Bladen County,North Carolina
Fee Class: Title V
Dear Mr. Ingle:
In accordance with the "reopen for cause"permit application initiated by the Division of Air Quality,we
are forwarding herewith Air Quality Permit No. 05455T21 to North Carolina Renewable Power -
Elizabethtown,LLC, 3100 West Broad Street, Elizabethtown,North Carolina, authorizing the construction
and operation, of the emission sources and associated air pollution control devices specified herein.
Additionally, any emissions activities determined from your Air Quality Permit Application as being
insignificant per 15A North Carolina Administrative Code 2Q .0503(8) have been listed for informational
purposes as an "ATTACHMENT." Please note the requirements for the annual compliance certification are
contained in General Condition P in Section 3. The current owner is responsible for submitting a compliance
certification for the entire year regardless of who owned the facility during the year.
The Permittee shall file a Title V Air Quality Permit 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 ofbagfilters(ID Nos.CD-IA,CD-1B), installation ofmulticlones(ID Nos.CD-
lA2 and CD-1132), selective non-catalytic reduction systems (ID Nos. CD-IA3 and CD-1133) and dry
sorbent injection systems (ID Nos. CD-lA4 and CD-1134), 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.
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 form of a written petition,
conforming to NCGS (North Carolina General Statutes) 15013-23, 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
State of North Carolina I Environmental Quality I Air Quality
1641 Mail Service Center 1 217 W.Jones Street,Suite 4000 1 Raleigh,NC 27609-1641
919 707 8400 T
Mr. Steven Ingle
March 28, 2016
Page 2
binding 30 days after issuance.
You may request modification of your Air Quality Permit through informal means pursuant to NCGS
15013-22. This request must be submitted in writing to the Director and must identify the specific provisions
or issues for which the modification is sought. Please note that this Air Quality Permit will become final and
binding regardless of a request for informal modification unless a request for a hearing is also made under
NCGS 15013-23.
The construction of new air pollution emission source(s)and associated air pollution control device(s),or
modifications to the emission source(s) and air pollution control device(s) described in this permit must be
covered under an Air Quality Permit issued by the Division of Air Quality prior to construction unless the
Permittee has fulfilled the requirements of GS 143-215.108A(b) and received written approval from the
Director of the Division of Air Quality to commence construction.Failure to receive an Air Quality Permit or
written approval prior to commencing construction is a violation of GS 143-215.108A and may subject the
Permittee to civil or criminal penalties as described in GS 143-215.114A and 143-215.114B.
Bladen County has not triggered PSD Increment Tracking for any pollutants. This permitting action is
not expected to consume nor expand any increments
This Air Quality Permit shall be effective from March 28, 2016 until December 31, 2016, is
nontransferable to future 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 Russell Braswell
at 919-707-8731 or russell.braswell(c�r�,ncdenr.gov.
Sincerely yours,
V*. ��
William D. Willets,P.E.,Chief,Permitting Section
Division of Air Quality,NCDEQ
Enclosure
c: Heather Ceron, EPA Region 4
Fayetteville Regional Office
Central Files
Attachment 1 to Cover Letter to Air Quality Permit 05455T21
North Carolina Renewable Power-Elizabethtown, LLC
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 fire pump fuel oil storage tank
IES-4 one solvent parts cleaner
IES-5 one turbine lube oil tank vent
IES-6 one cooling tower
IES-7 tire shredders
IES-8 truck dumper No. 1 for receiving biomass fuel
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
Attachment 2 to Cover Letter to Air Quality Permit 05455T21
North Carolina Renewable Power-Elizabethtown, LLC
Table of Changes
The following changes were made to the North Carolina Renewable Power-Elizabethtown, LLC Air
Permit No. 05455T20:
Pages* Section* Description of Changes
Throughout Throughout • Updated application/permit numbers
• Updated dates
• Removed references to CAIR.
• Added references to CSAPR
• Changed"213" and"2Q"to"0213" and"02Q"
• Fixed formatting errors.
33 2.4. • Changed this section from CAIR to CSAPR.
34 2.5. . Added section for non-applicable requirements.
• Added CAIR and 2D .2400 to this section.
11 35 1 3. 1 • Updated General Conditions to v4.0.
* This refers to the current permit unless otherwise stated.
State of North Carolina
Department of Environmental Quality
Division of Air Quality
AIR QUALITY PERMIT
Permit No. Replaces Permit No.(s) Effective Date Expiration Date
05455T21 05455T20 March 28, 2016 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), Subchapters 2D and 2Q,and other applicable Laws.
Pursuant to Title 15A NCAC, Subchapter 2Q, the Permittee shall not construct, operate, or modify any
emission source(s) or air pollution control device(s) without having first submitted a complete Air Quality
Permit Application to the permitting authority and received an Air Quality Permit,except as provided in this
permit.
Permittee: North Carolina Renewable Power —
Elizabethtown, LLC
Facility ID: 0900043
Facility Site Location: 3100 West Broad Street
City, County, State, Zip: Elizabethtown, Bladen County,North Carolina 28337
Mailing Address: 4599 East Lake Boulevard
City, State, Zip: Birmingham, Alabama 35217
Application Number: 0900043.16A
Complete Application Date: January 21, 2016
Primary SIC Code: 4911
Division of Air Quality, Fayetteville Regional Office
Regional Office Address: 225 Green Street, Suite 714
Fayetteville, North Carolina 28301
Permit issued this the 28t`of March, 2016
William D. Willets, P.E., Chief, Permitting 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
2.4- Cross State Air Pollution Rule [CSAPR] Requirements
2.5- Permit Shield for Non-applicable Requirements
SECTION 3: GENERAL PERMIT CONDITIONS
ATTACHMENT
Attachment 1: List of Acronyms
Attachment 2: Acid Rain Permit application
Air Quality Permit No. 05455T21
Page 3
SECTION 1- 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 Control Device
Source Emission Source Description ID No. Control Device Description
ID No.
ES-lA and two coal/natural gas/No. 2 and No. 4 CD-lA3* and CD- two selective non-catalytic
ES-1B fuel oil/tire derived fuel/pelletized 1133* reduction systems(300 lbs/hr
PSD paper fuel/flyash briquette/non- aqueous ammonia injection rate
CAM CISWI' subject wood*-fired steam, each)
electric generating,boilers(215
million Btu per hour heat input each) CD-lA2* and CD- two multiclones(132 Nos.
including over-fire air systems* 1B2* tubes each, 9 inches in diameter
each)
CD-IA4*+and
CD-1B4*+ two dry sorbent injection
systems(50 lbs/hr sodium
bicarbonate or sodium
sesquicarbonate(trona)
CD-IA*and CD- injection rate each)
1B*
two bagfilters(each not to
exceed 3.26:1 air-to-cloth ratio)
ES-2A and two coal bunkers CD-2A and CD- two bagfilters(64 square feet of
ES-2B 2B filter area,each)
PSD
ES-3* one fly ash silo with wet slurry CD-3* one silo binvent filter(400
PSD pugmill for unloading square feet of filter area)
ES-4 one bottom ash silo with a CD-4 one silo binvent filter(100
PSD retractable bulk unloading spout and square feet of filter area)
enclosed vent return
ES-5A and two ash system vacuum transport CD-5E one simple cyclone(42 inches
ES-5B pumps in diameter) located on the
PSD bottom ash silo
CD-51) one bagfilter(528 square feet
of filter area)located on the fly
ash silo
CD-5C one simple cyclone(42 inches
in diameter) located on the fly
ash silo
CD-5A &CD-5B two in-line filters(one per
pump)
1 Commercial/Industrial Solid Waste Incineration
Air Quality Permit No. 05455T21
Page 4
Emission Control Device
Source Emission Source Description ID No. Control Device Description
ID No.
ES-6 coal unloading/storage and transfer Wetsup wet suppression/chemical
PSD binder
ES-15* one 7100 gallons aqueous ammonia None N/A
storage tank
ES-1 one diesel fired 340 hp emergency None N/A
fire pump
* These emission sources and control devices are listed as a 15A NCAC 2Q .0501(c)(2) modification
(Application Number 0900043.10A). The Permittee 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.
+ Dry sorbent injection systems may be operated intermittently as necessary to maintain compliance with
the applicable opacity standards.
Air Quality Permit No. 05455T21
Page 5
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-lA
and ES-1B), and associated selective non-catalytic reduction systems(ID Nos. CD-IA3 and CD-
1B3), multiclones (ID Nos. CD-IA2 and CD-1B2), dry sorbent injection systems (ID Nos. CD-
lA4 and CD-IB4)and bagfilters (ID Nos. CD-lA and CD-1B)
The 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 Btu heat input 15A NCAC 213 .0503
matter
particulate 0.30 pounds per million Btu heat input 15A NCAC 213 .0504
matter
sulfur 2.3 pounds per million Btu heat input 15A NCAC 213 .0516
dioxide
visible 20 percent opacity 15A NCAC 213 .0521
emissions
particulate When burning coal 15A NCAC 213 .0501(e)
matter See Section 2.1 A.5.a.
sulfur When burning coal 15A NCAC 2D .0501(e)
dioxide See Section 2.1 A.5.b.
nitrogen When burning coal 15A NCAC 2D .0501(e)
oxide See Section 2.1 A.5.c.
carbon When burning coal 15A NCAC 2D .0501(e)
monoxide See Section 2.1 A.5.d.
particulate When burning coal 15A NCAC 2D .0530
matter See Section 2.1 A.6.a.
sulfur When burning coal 15A NCAC 213 .0530
dioxide See Section 2.1 A.6.b.
nitrogen When burning coal 15A NCAC 2D .0530
oxide See Section 2.1 A.6.c.
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 213 .0530
monoxide See Section 2.1 A.6.aa.
sulfuric acid When burning non-CISWI subject wood 15A NCAC 213 .0530
mist See Section 2.1 A.6.aa.
PM/PM10 When burning non-CISWI subject wood Senate Bill 3 (Session Law 2007-
See Section 2.1. A.7.a. 397)
State-only Requirement
PM2.5 When burning non-CISWI subject wood Senate Bill 3 (Session Law 2007-
Air Quality Permit No. 05455T21
Page 6
Regulated Limits/Standards Applicable Regulation
Pollutant
See Section 2.1. A.7.a. 397)
State-only Requirement
SOz When burning non-CISWI subject wood Senate Bill 3 (Session Law 2007-
See Section 2.1. A.7.a. 397)
State-only Requirement
NOx When burning non-CISWI subject wood Senate Bill 3 (Session Law 2007-
See Section 2.1. A.7.a. 397)
State-only Requirement
VOC When burning non-CISWI subject wood Senate Bill 3 (Session Law 2007-
See Section 2.1. A.7.a. 397)
State-only Requirement
Hg When burning non-CISWI subject wood Senate Bill 3 (Session Law 2007-
See Section 2.1. A.7.a. 397)
State-only Requirement
PM10 Compliance Assurance Monitoring 15A NCAC 2D .0614
See Section 2.1 A.B. [40 CFR 64]
toxic air See Section 2.2 A.1. 15A NCAC 21) .1100
pollutants State-only Requirement
hazardous air See Section 2.1 A.9. 15A NCAC 21) .1111
pollutants [40 CFR 63 Subpart JJJJJJ
nitrogen (Federally enforceable only) 40 CFR Part 97, Subparts
oxides and Cross State Air Pollution Rule [CSAPR] AAAAA,BBBBB, and CCCCC
sulfur requirements
dioxide See Section 2.4
hazardous air See Section 2.2 A.2. 15A NCAC 2Q .0317
pollutants [MACT Avoidance]
sulfur Phase II Acid Rain Permit Requirements 15A NCAC 2Q .0402
dioxide and See Section 2.3
nitrogen
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 the combustion of fuel that are discharged from these sources
into the atmosphere shall not exceed 0.23 pounds per million Btu heat input. [15A NCAC 2D
.0503(a)]
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 A. 1. a. above, the Permittee
shall be deemed in noncompliance with 15A NCAC 2D .0503.
Monitoring [15A NCAC 2Q .0508(f)]
c. Particulate matter emissions from each 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 the manufacturer's inspection and maintenance recommendations,
Air Quality Permit No. 05455T21
Page 7
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 from 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.
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
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:
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 2D .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 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)]
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;
in. 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 multicyclones; and
vi. any variance from 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.
Reporting [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 bagfilters.
h. The Permittee shall submit a summary report of monitoring and recordkeeping activities
postmarked on or before January 30 of each calendar year for the preceding six-month period
between July and December and July 30 of each calendar year for the preceding six-month period
between January and June. All instances of deviations from the requirements of this permit must
be clearly identified.
2. 15A NCAC 2D.0504: PARTICULATES FROM WOOD BURNING INDIRECT 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 from this source shall
Air Quality Permit No. 05455T21
Page 8
not exceed an allowable emission rate as calculated by the following equation: [15A NCAC 2D
.0504]
_ [(0.30XQ )+(0.23XQ.r
where:
Q,,=actual wood heat input rate in Btu/hr
Qf = actual other fuels input rate in Btu/hr
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 from 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 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 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. 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
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:
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 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.
f. 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.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 inspection;
Air Quality Permit No. 05455T21
Page 9
in. the results of any maintenance performed on the multiclones and bagfilters; and
iv. any variance from 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
postmarked on or before January 30 of each calendar year for the preceding six-month period
between July and December and July 30 of each calendar year for the preceding six-month period
between January and June. All instances of deviations from the requirements of this permit must
be clearly identified.
3. 15A NCAC 2D .0516: SULFUR DIOXIDE EMISSIONS FROM COMBUSTION SOURCES
a. Emissions of sulfur dioxide from 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. [15A 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 (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 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 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) 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 determined 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 .0516.
Reporting [15A NCAC 2Q .0508(f)]
d. 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
Air Quality Permit No. 05455T21
Page 10
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 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 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. In 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
(COMS),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 limit) 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 b.i. 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 A.4.a.,
above, the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0521.
Monitoring/Recordkeeping [15A NCAC 2Q .0508(f)]
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 Permittee, 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)]
Air Quality Permit No. 05455T21
Page 11
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(e): COMPLIANCE WITH NATIONAL AMBIENT AIR QUALITY
STANDARDS
When burning coal
a. Particulate matter emissions from each boiler (ID Nos. ES-1A 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-1A and 1B)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-1A and 1B) shall not exceed 120.4
pounds per hour per boiler. [15A NCAC 2D .0501(e)]
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 in Section 2.1 A. 5. a-d.,above,the Permittee
shall be deemed in noncompliance with 15A NCAC 2D .0501(e).
Monitoring/Recordkeeping/Reporting [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 bagfilters 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
(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 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 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) 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 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
Air Quality Permit No. 05455T21
Page 12
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 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 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-1A and 1B) shall not exceed 0.028
pounds per million Btu heat input. [15A NCAC 2D .0530]
b. Sulfur dioxide emissions from each boiler(ID Nos. ES-IA and IB) 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 IB) shall not exceed 0.66 pounds
per million Btu heat input. [15A NCAC 2D .0530]
d. Carbon monoxide emissions from each boiler (ID Nos. ES-IA and 1B) shall not exceed 0.56
pounds per million Btu heat input. [15A NCAC 2D .0530]
Testin [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 in Section 2.1 A. 6. a-d., above,the Permittee
shall bedeemed in noncompliance with 15A NCAC 2D .0530.
Monitoring/Recordkeeping/Reporting [15A NCAC 2Q .0508 (f)]
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 Permittee 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 [15A 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 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
Air Quality Permit No. 05455T21
Page 13
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 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) 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 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.
Recordkeepin2/Reporting [15A NCAC 2Q .0508 (f)]
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 normal
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. CEMs 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 preceding 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 POLLUTANT EMISSION LIMIT` CONTROL
SOURCE TECHNOLOGY
Boilers CO 0.45 lb/million Btu good combustion control
(ID Nos. ES-1A and [stack test: 3-run
ES-1B) average]
Sulfuric acid 0.011 lb/million Btu use of low sulfur wood
mist [stack test: 3-run
average]
* BACT emission limits shall apply to each source (ID Nos. ES-1 A and ES-1 B) 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 permitted provided that optimal operational practices
are adhered to and periods of excess emissions are minimized.
Air Quality Permit No. 05455T21
Page 14
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 sulfuric acid mist in Section 2.1 A.6.aa.above,by testing one of boilers
(ID Nos.ES-1A and ES-111)within 180 days of commencement of burning of non-CISWI subject
wood exclusively, in the first boiler(either ES-1A or ES-111).
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.
Monitoring/Recordkeeping [15A NCAC 2Q .0508(f)]
cc. No monitoring/record keeping shall be required for emissions of CO and sulfuric acid mist from
boilers(ID Nos.ES-1A and ES-111).
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-111).
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 POLLUTANT EMISSION LIMITS* CONTROL TECHNOLOGY
SOURCE
Boilers PM/PM10 0.036 lb/million Btu multiclone and bagfilter
(ID Nos. ES-1A (both filterable and condensable)
and ES-111) [stack test: 3-run average]
PM2.5 0.011 lb/million Btu multiclone and bagfilter
(both filterable and condensable
[organic and inorganic including
sulfuric acid mist])
stack test: 3-run average]
SO2 0.025 lb/million Btu** use of low sulfur wood
[CEM: 30-day rolling average]
NOx 0.125 lb/million Btu selective non-catalytic
[CEM: 30-day rolling average] reduction
VOC 0.03 lb/million Btu good combustion control
[stack test: 3-run average]
Hg 5 x 10-6 lb/million Btu bagfilter
[stack test: 3-run average]
* BACT emission limits shall apply to each source (ID Nos. ES-IA and ES-1B) and at all times
except during the following: Emissions resulting from start-up, shutdown or malfunction above
those given in Section 2.1 A.7.a. above are permitted provided that optimal operational practices
are adhered to and periods of excess emissions are minimized.
** This SO2 BACT emission limit is provisional. The final SO2 BACT emission limit will be
established in accordance with Section 2.1 A.7.b. below.
Air Quality Permit No. 05455T21
Page 15
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/PMio, PM2.5, SO2, NOx, VOC, and Hg in Section 2.1 A.7.a. above by
testing one of boilers (ID Nos. ES-IA and ES-1B)within 180 days of commencement of burning
of non-CISWI subject wood exclusively in the first boiler(either ES-IA or ES-1B).
Details of the emissions testing and reporting requirements can be found in Section 3 - General
Condition JJ.
The final SO2 BACT emission limit shall be established using the representative stack test data,
SO2 CEMS data, boiler operational data, and fuel sulfur content data. A testing protocol that
describes how the final SO2 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-1B)within 180 days of commencement of
burning of non-CISWI subject wood exclusively in the first boiler(either ES-IA or ES-1B),
with stack testing and fuel sampling for total sulfur content performed in such a way that allows
for determining an SO2 emission rate and establishing the rate at which the boiler converts total
sulfur to SO2.
ii. Collection of S02 CEMs 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 SO2 BACT emission limit will
be established.
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 SO2 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. ES-1A and ES-1B)
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 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 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 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) shall be summed, and the sum
shall be divided by 30. The minimum number of data points,equally spaced,required to determine
a valid hour value shall be determined by 40 CFR Part 75.
d. Monitoring/recordkeeping requirements for PM emissions from boilers (ID Nos. ES-1A and ES-
1B)in Section 2.1 A.2.d.through£,above,shall be sufficient to assure compliance with PM/PMio,
PM2.5 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-1B).
Reporting [15A NCAC 2Q .0508(f)]
f. Reporting requirement for PM emissions from boilers(ID Nos. ES-1A and ES-1B) in Section 2.1
A.2.h., above shall be sufficient to assure compliance with PM/PMio, PM2.5 and Hg BACT under
Air Quality Permit No. 05455T21
Page 16
Senate Bill 3 (Session Law 2007-397).
g. The Permittee shall submit a summary report of monitoring and recordkeeping activities
postmarked on or before January 30 of each calendar year for the preceding six-month period
between July and December and July 30 of each calendar year for the preceding six-month period
between January and June. All instances of deviations from the requirements of this permit must
be clearly identified. All instances of deviations from the requirements of this permit must be
clearly identified.
8. 15A NCAC 2D .0614: COMPLIANCE ASSURANCE MONITORING(40 CFR 64)
a. The Permittee shall ensure that PM10 emitted from the two boilers (ID Nos. ES-1A and ES-113)
are controlled by the two bagfilters(ID Nos.CD-1 A and CD-I B).
Monitoring/Recordkeepin2 [15A NCAC 2Q .0508(f)]
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
Approach opacity 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 Four excursion, as defined above, within
Improvement Plan any 6-month period.
(QIP)Threshold
[64.8]
QA/QC Practices The COMS are calibrated as per the
and Criteria manufacturer's recommendation.
[64.3(b)(3)]
Monitoring Opacity is continuously monitored while
Frequency bagfilters are in operation.
[64.3(b)(4)]
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 procedures 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.
Air Quality Permit No. 05455T21
Page 17
d. The Permittee shall retain records of recorded COMs 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(f)]
e. Semi annual compliance reports must cover the semiannual reporting period from January 1
through June 30 and the semiannual reporting period from July 1 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 number, 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 2D .1111: MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY
(40 CFR Part 63, Subpart JJJJJJ)
a. For the sources (ID Nos. ES-1A and ES-1B), the Permittee shall demonstrate compliance by the
dates specified in 40 CFR 63.11196 with all applicable requirements of 15A NCAC 2D .1111
"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."
Air Quality Permit No. 05455T21
Page 18
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 pugmill for unloading and associated
binvent(ID No. CD-3),
• One bottom ash silo (ID No. ES-4) with a dry bulk unloading spout with vent return
line and associated binvent(ID No. CD-4)
• 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
particulate For P 30 tons per hour: 15A NCAC 2D .0515
matter E=4.10p0.67
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°-1 -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
matter fly ash silo-wet spray pugmill for unloading&
binvent
bottom ash silo-loading spout/retum 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: [15A NCAC 2D .0515(a)]
For process weights up to 30 tons per hour:
E=4.10Xp1.67
For process weights greater than 30 tons per hour:
Air Quality Permit No. 05455T21
Page 19
E= 55xP°1 -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.
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 B. 1. a.,
above, the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0515.
Monitoring/Recordkeeping [15A NCAC 2Q .0508(f)]
c. Particulate matter emissions from these emission sources shall be controlled three bagfilters (ID
Nos. CD-2A, CD-2B, and CD-51)), two simple cyclones (ID Nos. CD-5C and CD-5E), two
binvents (ID Nos. CD-3 and CD-4), and two in-line filters (ID Nos. CD-5A and CD-5B). 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
ii. an annual internal inspection of the bagfilters/binvents/inline filters for structural and fabric
filter 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;
in. 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(f)]
e. Upon a written request from the DAQ, the Permittee 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 postmarked on
or before January 30 of each calendar year for the preceding six-month period between July and
December and July 30 of each calendar year for the preceding six-month period between January
and June. All instances of deviations from the requirements of this permit must be clearly
identified.
2. 15A NCAC 2D .0521: CONTROL OF VISIBLE EMISSIONS
a. Visible emissions from these sources (ID Nos. ES-2A, ES-2B, ES-3, ES-4, ES-5A and ES-5B)
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)]
Air Quality Permit No. 05455T21
Page 20
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 B. 2. 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:
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 from 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 B.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(f)]
e. The Permittee shall submit a summary report of the observations postmarked on or before January
30 of each calendar year for the preceding six-month period between July and December and July
30 of each calendar year for the preceding six-month period between January and June. All
instances of deviations from the requirements of this permit must be clearly identified.
3. 15A NCAC 2D .0530: PREVENTION OF SIGNIFICANT DETERIORATION
a. The Permittee shall operate and maintain bagfilters(ID Nos.CD-2A and CD-2B)installed on two
coal bunkers(ID Nos. ES-2A and ES-213),binvents(ID 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-511),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/Recordkeeping/Reporting [15A NCAC 2Q .0508 (f)]
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.
Air Quality Permit No. 05455T21
Page 21
C. Coal unloading/storage and transfer(ID No.ES-6)
The following 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 213 .0521
emissions
particulate wet suppression shall be used on the following: 15A NCAC 213 .0530
matter coal unloading
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 from 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
213 .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 found in Section 3. If the results of this test are above the limit given in Section 2.1 C. 1. 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:
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 from 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 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 representative upon request. The logbook shall record
the following:
i. 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.
Air Quality Permit No. 05455T21
Page 22
Reporting [15A NCAC 2Q .0508(f)]
e. The Permittee shall submit a summary report of the observations postmarked on or before January
30 of each calendar year for the preceding six-month period between July and December and July
30 of each calendar year for the preceding six-month period between January and June. All
instances of deviations from the requirements of this permit must be clearly identified.
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 recommendations, or if there are no manufacturer's inspection and
maintenance recommendations, 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
the 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. the 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 from 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 the DAQ, the Permittee shall submit a report of any
maintenance performed on a wet suppression system or conveyor enclosure.
g. The Permittee shall submit a summary report of monitoring and recordkeeping activities
postmarked on or before January 30 of each calendar year for the preceding six-month period
between July and December and July 30 of each calendar year for the preceding six-month period
between January and June. All instances of deviations from the requirements of this permit must
be clearly identified.
Air Quality Permit No. 05455T21
Page 23
D. One 7100 gallons aqueous ammonia storage tank(ID No. ES-15)
The following table provides a summary of limits and standards for the emission source(s)described above:
Error!
Bookmark not defined.Regula Limits/Standards Applicable Regulation
ted 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
Air Quality Permit No. 05455T21
Page 24
E. One diesel fired 340 hp emergency fire pump(ID 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 213 .0516
Visible 20 percent opacity 15A NCAC 213 .0521
Emissions
Hazardous Air See Section 2.1 E.3. 15A NCAC 21).1111
Pollutants [40 CFR 63 Subpart ZZZZ]
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
1. 15A NCAC 2D .0516: SULFUR DIOXIDE EMISSIONS FROM COMBUSTION SOURCES
a. Emissions of sulfur dioxide,when burning diesel fuel in 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.
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 limits given in Section 2.1 E.l.a., above, the Permittee
shall be deemed in noncompliance with 15A NCAC 213 .0516.
Monitoring/Recordkeepin2/Reuorting [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-1).
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 Permittee
shall be deemed in noncompliance with 15A NCAC 2D .0521.
Monitoring/Recordkeeping/Reporting[15A NCAC 2Q .0508(f)]
c. No monitoring/recordkeeping/reporting is required for visible emissions from firing of diesel fuel
in this source(ID No. ES-1).
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
Air Quality Permit No. 05455T21
Page 25
reporting, contained in Environmental Management Commission Standard 15A NCAC 2D .1111
"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." [40 CFR 63.6595(a)(1)]
Air Quality Permit No. 05455T21
Page 26
2.2- Multiple Emission Source(s) Specific Limitations and Conditions
A. Facility-wide
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 I I State-only Requirement
State-only Requirement
1. 15A NCAC 2D .1100 CONTROL OF TOXIC AIR POLLUTANTS
a. Pursuant to 15A NCAC 213 .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-111) Ammonia 11.4 lb/hr
Arsenic and inorganic arsenic 83.2 lb/yr
Combined Emission Rate compounds
Benzene 1,970 lb/yr
Benzo(a)pyrene 9.79 lb/yr
Beryllium 4.1 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
Mercury,vapor 0.38 lb/day
Nickel, soluble compounds, as 0.34 lb/day
nickel
Hexachlorodibenzo-p-dioxin 6 lbs/yr
1,2,3,6,7,8
Vinyl chloride 67.4 lbs/yr
Emergency Fire Pump Acrolein 5.75 x 10'lb/hr
(ID No.ES-1) Benzene 2.91 x 10'lb/yr
Benzo(a) yrene 5.86 x 10'lb/yr
Soluble chromate compounds,as 4.49 x 10'lb/day
chromium(VI) equivalent
Air Quality Permit No. 05455T21
Page 27
Emission Sources Pollutants Emission Rates
Formaldehyde 7.36 x 10-41b/hr
Aqueous Ammonia Storage Tank Ammonia 0.99 lb/hr
(ID No.ES-15)
Testing [15A NCAC 2D .1105]
b. No testing is required.
Monitoring/Recordkeeping/Reporting 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-1A and ES-111) 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 within 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 HCl and chlorine for each fuel are not
developed,the Permittee shall be deemed in noncompliance with 15A NCAC 2D .1111.
Monitoring/Recordkeeping [15A NCAC 2Q .0508(f)]
c. Calculations of emissions of HCl 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=
(((Monthly non-CISWI subject Wood Usage in lbs x 5,000 Btu/lb)x(1.80E-03 lb/million Btu))+
((Monthly Coal Usage in lbs x 13,320 Btu/lb) x(4.00E-02 lb/million Btu))+
Air Quality Permit No. 05455T21
Page 28
((Monthly Tire-Derived Fuel Usage in lbs x 13,650 Btu/lb)x (6.00E-02 lb/million Btu))+
((Monthly No. 2 Fuel Oil Usage in 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 HC1 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 Pen-nit Amendments."
If the required records are not maintained in a logbook or the emissions of HC1 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 05 543T 18 to include the DAQ-approved emissions
factors for HC1 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 (ID Nos. ES-IA and ES-113), the
Permittee 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 HC1 and chlorine. The Permittee shall
not burn pelletized paper or flyash briquettes in boilers (ID Nos. ES-IA and ES-113), until such
data and calculation methodology are approved by DAQ.
f. Permittee shall keep a record of the applicability determination on site at the source for a period of
five years after the determination, 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 .1111 if the records are not maintained.
Reporting [15A NCAC 2Q .0508 (f)]
g. Permittee 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 HCl 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 from 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
Permittee 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 Permittee shall be responsible for obtaining
a permit to emit TAPs and for demonstrating compliance with the requirements of 15A NCAC
Air Quality Permit No. 05455T21
Page 29
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:
TPERs Limitations
Pollutant(CAS Number) Carcinogens Chronic Toxicants Acute Systemic Acute Irritants
lb/ r (lb/day) Toxicants lb/hr) lb/hr)
acetaldehyde(75-07-0) 6.8
1,3-butadiene(106-99-0) 11
carbon tetrachloride(56-23- 460
5)
chlorobenzene(108-90-7) 46
chloroform(67-66-3) 290
di(2-ethylhexyl)phthalate 0.63
(117-81-7)
ethylene dichloride(107-06- 260
2)
methylene chloride(75-09- 1600 0.39
2)
methyl chloroform(71-55-6) 250 64
methyl ethyl ketone(78-93- 78 22.4
3)
perchloroethylene(127-18- 13000
4)
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
trichlorofluoromethane(75- 140
69-4)
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 combusted 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
Air Quality Permit No. 05455T21
Page 30
generated at this plant-site:
i. 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 met:
i. Testing adequate to determine the quantity and type of any toxic materials listed in NCAC 2Q
.0711 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.
Monitoring/Recordkeeping
g. The Permittee shall maintain a plant waste fuel start-up logbook onsite with the following
information:
i. 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,
Ili. 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
following information:
i. date of PPF combustion,
ii. description of PPF combusted,
iii. quantity of PPF combusted,
Air Quality Permit No. 05455T21
Page 31
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.
Reporting
1. Within 30 days after each calendar year,the following shall be reported:
i. 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
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.
Air Quality Permit No. 05455T21
Page 32
2.3- Phase II Acid Rain Permit Requirements
ORIS code: 10380
Effective: May 8,2012 until December 31,2016
A. Statement of Basis
Statutory and Regulatory Authorities: In accordance with the provisions of Article 21 B of Chapter 143, General
Statutes of North Carolina as amended and Titles IV and V of the Clean Air Act,the 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. SO2 Allowance Allocations and NOx Requirements for each affected unit
2012 2013 2014 2015 2016
Unit 1 SO2 allowances,
(ES-IA) under Tables 2, NA* NA* NA* NA* NA*
3,or 4 of 40 CFR
Unit 2 part 73.
(ES-1B)
NO,limit NA**
* S02 allowances were not allocated by U.S. EPA for these units under 40 CFR part 72.
** Does not apply for units that are not subject to an Acid Rain emissions limit for SO2 under Phase I or Phase 11 of
the CAA as specified in 40 CFR 76.l(a).
C. Comments,Notes and Justifications
None.
D. Permit Application
The permit applications submitted for this facility, as approved by the Division of Air Quality, are part of this
permit. The owners and operators of these Phase 11 acid rain sources must comply with the standard requirements
and special provisions set forth in the attached application.
Air Quality Permit No. 05455T21
Page 33
Federal-Enforceable Only
2.4- Cross State Air Pollution Rules (CSAPR) Permit Requirements
For the two boilers (ID Nos. ES-lA and ES-1B), the Permittee shall comply with all applicable
requirements of 40 CFR Part 97, Subpart AAAAA "TR NOx Annual Trading Program", Subpart
BBBBB "TR NOx Ozone Season Trading Program", and Subpart CCCCC "TR SO2 Group 1
Trading Program".
Air Quality Permit No. 05455T21
Page 34
2.5- Permit Shield for Non-applicable Requirements
The Permittee is shielded from the following non-applicable requirements:
1. The EPA's Clean Air Interstate Rules (CAIR) are not applicable to the two boilers (ID Nos.
ES-1A and ES-1B), pursuant to 40 CFR 52.35(f) and 52.36(e). CAIR has been replaced by
the Cross State Air Pollution Rule(CSAPR).
2. The requirements of 15A NCAC 2D .2400 "Clean Air Interstate Rules" no longer apply to the
two boilers (ID Nos. ES-1A and ES-1B). According to 15A NCAC 2D .2401(a),the purpose
of the 2D .2400 rules is to implement CAIR. Because CAIR no longer applies,the 2D .2400
rules also no longer apply.
[15A NCAC 2Q .0512(a)(1)(B)]
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SECTION 3- GENERAL CONDITIONS (version 4.0 12/17/15)
This section describes terms and conditions applicable to this Title V facility.
A. General Provisions [NCGS 143-215 and 15A NCAC 02Q .0508(i)(16)]
1. Terms not otherwise defined in this permit shall have the meaning assigned to such terms as defined
in 15A NCAC 02D and 02Q.
2. The terms,conditions,requirements,limitations, and restrictions set forth in this permit are binding
and enforceable pursuant to NCGS 143-215.114A and 143-215.114B, including assessment of civil
and/or criminal penalties. Any unauthorized deviation from the conditions of this permit may
constitute grounds for revocation and/or enforcement action by the DAQ.
3. This permit is not a waiver of or approval of any other Department permits that may be required for
other aspects of the facility which are not addressed in this permit.
4. This permit does not relieve the Permittee from liability for harm or injury to human health or
welfare,animal or plant life,or property caused by the construction or operation of this permitted
facility,or from penalties therefore,nor does it allow the Permittee to cause pollution in
contravention of state laws or rules,unless specifically authorized by an order from the North
Carolina Environmental Management Commission.
5. Except as identified as state-only requirements in this permit, all terms and conditions contained
herein shall be enforceable by the DAQ,the EPA, and citizens of the United States as defined in the
Federal Clean Air Act.
6. Any stationary source of air pollution shall not be operated,maintained,or modified without the
appropriate and valid permits issued by the DAQ,unless the source is exempted by rule. The DAQ
may issue a permit only after it receives reasonable assurance that the installation will not cause air
pollution in violation of any of the applicable requirements. A permitted installation may only be
operated,maintained, constructed,expanded, or modified in a manner that is consistent with the
terms of this permit.
B. Permit Availability [15A NCAC 02Q .0507(k)and .0508(i)(9)(B)]
The Permittee shall have available at the facility a copy of this permit and shall retain for the duration of
the permit term one complete copy of the application and any information submitted in support of the
application package. The permit and application shall be made available to an authorized representative
of Department of Environmental Quality upon request.
C. Severability Clause [15A NCAC 02Q .0508(i)(2)]
In the event of an administrative challenge to a final and binding permit in which a condition is held to
be invalid,the provisions in this permit are severable so that all requirements contained in the permit,
except those held to be invalid, shall remain valid and must be complied with.
D. Submissions [15A NCAC 02Q .0507(e)and 02Q .0508(i)(16)]
Except as otherwise specified herein,two copies of all documents,reports,test data,monitoring data,
notifications,request for renewal,and any other information required by this permit shall be submitted
to the appropriate Regional Office. Refer to the Regional Office address on the cover page of this
permit. For continuous emissions monitoring systems(CEMS)reports,continuous opacity monitoring
systems(COMS)reports, quality assurance(QA)/quality control (QC)reports, acid rain CEM
certification reports,and NOx budget CEM certification reports,one copy shall be sent to the
appropriate Regional Office and one copy shall be sent to:
Supervisor, Stationary Source Compliance
North Carolina Division of Air Quality
1641 Mail Service Center
Raleigh,NC 27699-1641
Air Quality Pen-nit No. 05455T21
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All submittals shall include the facility name and Facility 1D number(refer to the cover page of this
permit).
E. Duty to Comply [15A NCAC 02Q .0508(i)(3)]
The Permittee shall comply with all terns, conditions,requirements, limitations and restrictions set forth
in this permit.Noncompliance with any permit condition except conditions identified as state-only
requirements constitutes a violation 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 times in a manner that will effect an overall
reduction in air pollution. Unless otherwise specified by this permit, no emission source may be
operated without the concurrent operation of its associated air pollution control device(s)and
appurtenances.
G. Permit Modifications
1. Administrative Permit Amendments [I 5A NCAC 02Q .0514]
The Permittee shall submit an application for an administrative permit amendment in accordance
with 15A NCAC 02Q .0514.
2. Transfer in Ownership or Operation and Application Submittal Content [15A NCAC 02Q .0524 and
02Q .0505]
The Permittee shall submit an application for an ownership change in accordance with 15A NCAC
02Q.0524 and 02Q .0505.
3. Minor Permit Modifications [15A NCAC 02Q .0515]
The Permittee shall submit an application for a minor permit modification in accordance with 15A
NCAC 02Q .0515.
4. Significant Permit Modifications [15A NCAC 02Q .0516]
The Permittee shall submit an application for a significant permit modification in accordance with
15A NCAC 02Q .0516.
5. Reopening for Cause [15A NCAC 02Q .0517]
The Permittee shall submit an application for reopening for cause in accordance with 15A NCAC
02Q .0517.
H. Changes Not Requiring Permit Modifications
1. Reporting Requirements
Any of the following that would result in new or increased emissions from the emission source(s)
listed in Section 1 must be reported to the Regional Supervisor,DAQ:
a. changes in the information submitted in the application;
b. changes that modify equipment or processes; or
c. changes in the quantity or quality of materials processed.
If appropriate,modifications to the permit may then be made by the DAQ to reflect any necessary
changes in the permit conditions. In no case are any new or increased emissions allowed that will
cause a violation of the emission limitations specified herein.
2. Section 502(b)(10)Changes [15A NCAC 02Q .0523(a)]
a. "Section 502(b)(10)changes"means changes that contravene an express permit term or
condition. Such changes do not include changes that would violate applicable requirements or
contravene federally enforceable permit terms and conditions that are monitoring (including test
methods),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;
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ii. the changes do not cause the allowable emissions under the permit to be exceeded;
iii. the Permittee notifies the Director and EPA with written notification at least seven days
before the change is made; and
iv. the Permittee shall attach the notice to the relevant permit.
c. The written notification shall include:
i. a description of the change;
ii. the date on which the change will-occur;
iii. any change in emissions; and
iv. any permit term or condition that is no longer applicable as a result of the change.
d. Section 502(b)(10)changes shall be made in the permit the next time that the permit is revised
or renewed,whichever comes first.
3. Off Permit Changes [15A NCAC 02Q .0523(b)]
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[15A NCAC 02Q .0523(c)]
To the extent that emissions trading is allowed under 15A NCAC 02D, including subsequently
adopted maximum achievable control technology standards,emissions trading shall be allowed
without permit revision pursuant to 15A NCAC 02Q .0523(c).
I. A Reporting Requirements for Excess Emissions and Permit Deviations
[15A NCAC 02D .0535(f)and 02Q .0508(f)(2)]
"Excess Emissions'"-means an emission rate that exceeds any applicable emission limitation or
standard allowed by any rule in Sections .0500, .0900, .1200,or.1400 of Subchapter 02D; or by a
permit condition; or that exceeds an emission limit established in a permit issued under 15A NCAC 02Q
.0700. (Note:Definitions of'excess emissions under 02D.1110 and 02D..1.1.1.1 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 02D .0524),NESHAPS
(15A NCAC 02D .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 02D .0524),NESHAPS (15A NCAC 02D .1110
or.1111),or these rules do NOT define "excess emissions,"the Permittee shall report excess
emissions in accordance with 15A NCAC 02D .0535 as follows:
a. Pursuant to 15A NCAC 02D .0535, if excess emissions last for more than four hours resulting
from a malfunction,a breakdown of process or control equipment, or any other abnormal
condition,the owner or operator shall:
i. notify the Regional Supervisor or Director of any such occurrence by 9:00 a.m. Eastern
Time of the Division's next business day of becoming aware of the occurrence and provide:
• name and location of the facility;
• nature and cause of the malfunction or breakdown;
• time when the malfunction or breakdown is first observed;
• expected duration; and
• estimated rate of emissions;
ii. notify the Regional Supervisor or Director immediately when corrective measures have
been accomplished; and
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iii. submit to the Regional Supervisor or Director within 15 days a written report as described
in 15A NCAC 02D .0535(f)(3).
Permit Deviations
3. Pursuant to 15A NCAC 02Q .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 from permit requirements not
covered under 15A NCAC 02D .0535 quarterly. A written report to the Regional Supervisor
shall include the probable cause of such deviation and any corrective actions or preventative
actions taken. The responsible official shall certify all deviations from permit requirements.
L B Other Requirements under 15A NCAC 02D.0535
The Permittee shall comply with all other applicable requirements contained in 15A NCAC 02D .0535,
including 15A NCAC 02D .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 02D .0535(c)(1)through
(7)•
2. 15A NCAC 02D .0535(g). Excess emissions during start-up and shut-down shall be considered a
violation of the appropriate rule if the owner or operator cannot demonstrate that excess emissions
are unavoidable.
J. Emergency Provisions [40 CFR 70.6(g)]
The Permittee shall be subject to the following provisions with respect to emergencies:
1. An emergency means any situation arising from sudden and reasonably unforeseeable events
beyond the control of the facility, including acts of God,which situation requires immediate
corrective action to restore normal operation, and that causes the facility to exceed a technology-
based emission limitation under the permit,due to unavoidable increases in emissions attributable to
the emergency. An emergency shall not include noncompliance to the extent caused by improperly
designed equipment, lack of preventive maintenance,careless or improper operation,or operator
error.
2. An emergency constitutes an affirmative defense to an action brought for noncompliance with such
technology-based emission limitations if the conditions specified in 3.below are met.
3. The affirmative defense of emergency shall be demonstrated through properly signed
contemporaneous operating logs or other relevant evidence that include information as follows:
a. an emergency occurred and the Permittee can identify the cause(s)of the emergency;
b. the permitted facility was at the time being properly operated;
c. during the period of the emergency the Permittee took all reasonable steps to minimize levels of
emissions that exceeded the standards or other requirements in the permit; and
d. the Permittee submitted notice of the emergency to the DAQ within two working days of the
time when emission limitations were exceeded due to the emergency. This notice must contain
a description of the emergency, steps taken to mitigate emissions, and corrective actions taken.
4. In any enforcement proceeding,the Permittee seeking to establish the occurrence of an emergency
has the burden of proof.
5. This provision is in addition to any emergency or upset provision contained in any applicable
requirement specified elsewhere herein.
K. Permit Renewal [15A NCAC 02Q .0508(e)and 02Q .0513(b)]
This 15A NCAC 02Q .0500 permit is issued for a fixed 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 02Q .0500 renewal application is submitted at least nine months before the date of permit
expiration. If the Permittee or applicant has complied with 15A NCAC 02Q .0512(b)(1),this 15A
Air Quality Permit No. 05455T21
Page 39
NCAC 02Q .0500 permit shall not expire until the renewal permit has been issued or denied. Permit
expiration under 15A NCAC 02Q .0400 terminates the facility's right to operate unless a complete 15A
NCAC 02Q .0400 renewal application is submitted at least six months before the date of permit
expiration for facilities subject to 15A NCAC 02Q .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 02Q .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.
M. Duty to Provide Information(submittal of information) [15A NCAC 02Q .0508(i)(9)]
1. The Permittee shall furnish to the DAQ,in a timely manner, any reasonable information that the
Director may request in writing to determine whether cause exists for modifying,revoking and
reissuing,or terminating the permit or to determine compliance with the permit.
2. The Permittee shall 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 Permittee may
furnish such records directly to the EPA upon request along with a claim of confidentiality.
N. Duty to Supplement[15A NCAC 02Q .0507(f)]
The Permittee,upon becoming aware that any relevant facts were omitted or incorrect information was
submitted in the permit application,shall promptly submit such supplementary facts or corrected
information to the DAQ. The Permittee shall also provide additional information as necessary to
address any requirement that becomes applicable to the facility after the date a complete permit
application was submitted but prior to the release of the draft permit.
O. Retention of Records [15A NCAC 02Q .0508(f)and 02Q .0508 (1)]
The Permittee shall retain records of all required monitoring data and supporting information for a
period of at least five years from the date of the monitoring sample,measurement,report, or application.
Supporting information 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 02Q .0508(n)]
The Permittee shall submit to the DAQ and the EPA(Air and EPCRA Enforcement Branch,EPA,
Region 4, 61 Forsyth Street SW,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 the terms and conditions of the permit for the period covered by the
certification);
3. whether compliance was continuous or intermittent; and
4. the method(s)used for determining the compliance status of the source during the certification
period.
Air Quality Permit No. 05455T21
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Q. Certification by Responsible Official [15A NCAC 02Q .0520]
A responsible official shall certify the truth, accuracy, and completeness of any application form, report,
or compliance certification required by this permit. All certifications shall state that based on
information and belief formed after reasonable inquiry, the statements and information in the document
are true,accurate,and complete.
R. Permit Shield for Applicable Requirements [15A NCAC 02Q .0512]
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
identi sled in the permit as of the date of permit issuance.
2. A permit shield shall not alter or affect:
a. the power of the Commission, Secretary of the Department, or Governor under NCGS 143-
215.3(a)(12), or EPA under Section 303 of the Federal Clean Air Act;
b. the liability of an owner or operator of a facility for any violation of applicable requirements
prior to the effective date of the permit or at the time of permit issuance;
c. the applicable requirements under Title IV; or
d. the ability of the Director or the EPA under Section 114 of the 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 permit or
permit revision made under 15A NCAC 02Q .0523.
4. A permit shield does not extend to minor permit modifications made under 15A NCAC 02Q .0515.
S. Termination,Modification,and Revocation of the Permit[15A NCAC 02Q .0519]
The Director may terminate,modify,or revoke and reissue this permit if-
the information contained in the application or presented in support thereof is determined to be
incorrect;
2. the 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 carry out the purpose of NCGS Chapter 143,Article 21 B.
T. Insignificant Activities [15A NCAC 02Q .0503]
Because an emission source or activity is insignificant does not mean that the emission source or
activity is exempted from any applicable requirement or that the owner or operator of the source is
exempted from demonstrating compliance with any applicable requirement. The Permittee shall have
available at the facility at all times and made available to an authorized representative upon request,
documentation, including calculations, if necessary,to demonstrate that an emission source or activity is
insignificant.
U. Property Rights [15A NCAC 02Q .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 02Q .0508(1)and NCGS 143-215.3(a)(2)]
1. Upon presentation of credentials and other documents as may be required by law,the Permittee
shall allow the DAQ, or an authorized representative,to perform the following:
a. enter the Permittee's premises where the permitted facility is located or emissions-related
activity is conducted,or where records are kept under the conditions of the permit;
b. have access to and copy, at reasonable times,any records that are required to be kept under the
conditions of the permit;
Air Quality Permit No. 05455T21
Page 41
c. inspect at reasonable times and using reasonable safety practices any source,equipment
(including monitoring and air pollution control equipment),practices, or operations regulated or
required under the permit; and
d. sample or monitor substances or parameters,using reasonable safety practices, for the purpose
of assuring compliance with the permit or applicable requirements at reasonable times.
Nothing in this condition shall limit the ability of the EPA to inspect or enter the premises of the
Permittee under Section 114 or other provisions of the Federal Clean Air Act.
2. No person shall refuse entry or access to any authorized representative of the DAQ who requests
entry for purposes of inspection, and who presents appropriate credentials,nor shall any person
obstruct,hamper, or interfere with any such authorized representative while in the process of
carrying out his official duties. Refusal of entry or access may constitute grounds for permit
revocation and assessment of civil penalties.
W. Annual Fee Payment [15A NCAC 02Q .0508(i)(10)]
1. The Permittee shall pay all fees in accordance with 15A NCAC 02Q .0200.
2. Payment of fees may be by check or money order made payable to the N.C.Department of
Environmental Quality. 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 02Q .0519.
X. Annual Emission Inventory Requirements [15A NCAC 02Q .0207]
The Permittee shall report by June 30 of each year the actual emissions of each air pollutant listed in
15A NCAC 02Q .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 02Q .0107 and 02Q. 0508(i)(9)]
Whenever the Permittee submits information under a claim of confidentiality pursuant to 15A NCAC
02Q .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 02Q .0107.
Z. Construction and Operation Permits [15A NCAC 02Q .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 02Q .0100
and .0300.
AA. Standard Application Form and Required Information [15A NCAC 02Q .0505 and .0507]
The Permittee shall submit applications and required information in accordance with the provisions of
15A NCAC 02Q .0505 and .0507.
BB. Financial Responsibility and Compliance History [15A NCAC 02Q .0507(d)(4)]
The DAQ may require an applicant to submit a statement of financial qualifications and/or a statement
of substantial compliance history.
CC. Refrigerant Requirements(Stratospheric Ozone and Climate Protection) [15A NCAC
02Q .0501(e)]
1. If the Permittee has appliances or refrigeration equipment, including air conditioning equipment,
which use Class I or II ozone-depleting substances such as chlorofluorocarbons and
hydrochlorofluorocarbons listed as refrigerants in 40 CFR Part 82 Subpart A Appendices A and B,
the Permittee shall service,repair, and maintain such equipment according to the work practices,
Air Quality Permit No. 05455T21
Page 42
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 II substance into the
environment during the repair,servicing,maintenance,or disposal of any such device except as
provided in 40 CFR Part 82 Subpart F.
3. The Permittee shall comply with all reporting and recordkeeping requirements of 40 CFR 82.166.
Reports shall be submitted to the EPA or its designee as required.
DD. Prevention of Accidental Releases -Section 112(r) [15A NCAC 02Q .0508(h)]
If the Permittee is required to develop and register a Risk Management Plan with EPA pursuant to
Section 112(r)of the Clean Air Act,then the Permittee is required to register this plan in accordance
with 40 CFR Part 68.
EE. Prevention of Accidental Releases General Duty Clause-Section 112(r)(1)—
FEDERALLY-ENFORCEABLE ONLY
Although a risk management plan may not be required, if the Permittee produces,processes,handles,or
stores any amount of a listed hazardous substance,the Permittee has a general duty to take such steps as
are necessary to prevent the accidental release of such substance and to minimize the consequences of
any release.
FF. Title IV Allowances [15A NCAC 02Q.0508(1)(1)]
This permit does not limit the number of Title IV allowances held by the Permittee,but the Permittee
may not use allowances as a defense to noncompliance with any other applicable requirement. The
Permittee's emissions may not exceed any allowances that the facility lawfully holds under Title IV of
the Federal Clean Air Act.
GG. Air Pollution Emergency Episode [15A NCAC 02D .0300]
Should the Director of the DAQ declare an 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 02D
.0300.
HH. Registration of Air Pollution Sources [15A NCAC 02D .0202]
The Director of the DAQ may require the Permittee to register a source of air pollution. If the Permittee
is required to register a source of air pollution,this registration and required information will be in
accordance with 15A NCAC 02D .0202(b).
II. Ambient Air Quality Standards [15A NCAC 02D .0501(c)]
In addition to any control or manner of operation necessary to meet emission standards specified in this
permit,any source of air pollution shall be operated with such control or in such manner that the source
shall not cause the ambient air quality standards in 15A NCAC 02D.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 02Q .0508(1)(16)]
Emission compliance testing shall be by the procedures of Section .2600, except as may be otherwise
required in Rules .0524, .0912, .1110, .1111, or .1415 of Subchapter 02D. 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 02D
.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
Air Quality Permit No. 05455T21
Page 43
by the Director prior to air pollution testing.The Director shall review air emission testing
protocols for pre-approval prior to testing if requested by the owner or operator at least 45 days
before conducting the test.
2. Any person proposing to conduct an emissions test to demonstrate compliance with an applicable
standard shall notify the Director at least 15 days before beginning the test so that the Director
may at his option observe the test.
3. The owner or operator of the source shall arrange for controlling and measuring the production
rates during the period of air testing. The owner or operator of the source shall ensure that the
equipment or process being tested is operated at the production rate that best 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:
i. 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.
ii. Prescribe alternate test procedures on an individual basis when he finds that the
alternative method is necessary to secure more reliable test data.
iii. Prescribe or approve methods on an individual basis for sources or pollutants for which
no test method is specified in this Section if the methods can be demonstrated to
determine compliance of permitted emission sources or pollutants.
b. The Director may authorize the Division of Air Quality to conduct independent tests of any
source subject to a rule in this Subchapter to determine the compliance status of that source or
to verify any test data submitted relating to that source.Any test conducted by the Division of
Air Quality using the appropriate testing procedures described in Section 02D .2600 has
precedence over all other tests.
KK. Reopening for Cause [15A NCAC 02Q .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 N;
c. the Director or EPA finds that the permit contains a material mistake or that inaccurate
statements were made in establishing the emissions standards or other terms or conditions of the
permit; or
d. the Director or EPA determines that the permit must be revised or revoked to assure compliance
with the applicable requirements.
2. Any permit reopening shall be completed or a revised permit issued within 18 months after the
applicable requirement is promulgated. No reopening is required if the effective date of the
requirement is after the expiration of the permit term unless the term of the permit was extended
pursuant to 15A NCAC 02Q .0513(c).
3. Except for the state-enforceable only portion of the permit,the procedures set out in 15A NCAC
02Q .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 02Q .0300 shall be followed. The
proceedings shall affect only those parts of the permit for which cause to reopen exists.
Air Quality Permit No. 05455T21
Page 44
4. The Director shall notify the Permittee at least 60 days in advance of the date that the permit is to be
reopened,except in cases of imminent threat to public health or safety the notification period may
be less than 60 days.
5. Within 90 days,or 180 days if the EPA extends the response period, after receiving notification
from the EPA that a permit needs to be terminated,modified, or revoked and reissued,the Director
shall send to the EPA a proposed determination of termination,modification,or revocation and
reissuance, as appropriate.
LL. Reporting Requirements for Non-Operating Equipment [15A NCAC 02Q .0508(i)(16)]
The Permittee shall maintain a record of operation for permitted equipment noting whenever the
equipment is taken from and placed into operation. During operation the monitoring recordkeeping and
reporting requirements as prescribed by the permit shall be implemented within the monitoring period.
MM. Fugitive Dust Control Requirement [15A NCAC 02D .0540] - STATE ENFORCEABLE ONLY
As required by 15A NCAC 02D .0540 "Particulates from Fugitive Dust Emission Sources,"the
Permittee shall not cause or allow fugitive dust emissions to cause or contribute to substantive
complaints or excess visible emissions beyond the property boundary. If substantive complaints or
excessive fugitive dust emissions from the facility are observed beyond the property boundaries for six
minutes in any one hour(using Reference Method 22 in 40 CFR,Appendix A),the owner or operator
may be required to submit a fugitive dust plan as described in 02D .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. Specific Permit Modifications [15A NCAC 02Q.0501 and .0523]
1. For modifications made pursuant to 15A NCAC 02Q .0501(c)(2),the Permittee shall file a Title V
Air Quality Permit Application for the air emission source(s) and associated air pollution control
device(s)on or before 12 months after commencing operation.
2. For modifications made pursuant to 15A NCAC 02Q .0501(d)(2), the Permittee shall not begin
operation of the air emission source(s)and associated air pollution control device(s)until a Title
V Air Quality Permit Application is filed and a construction and operation permit following the
procedures of Section .0500(except for Rule .0504 of this Section) is obtained.
3. For modifications made pursuant to 502(b)(10), in accordance with 15A NCAC 02Q
.0523(a)(1)(C),the Permittee shall notify the Director and EPA(EPA-Air Planning Branch, 61
Forsyth Street SW, 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 "E5" of the application forms signed by the
responsible official verifying that the application for the 502(b)(10)change/modification, is true,
accurate, and complete. Further note that modifications made pursuant to 502(b)(10)do not relieve
the Permittee from satisfying preconstruction requirements.
00. Third Party Participation and EPA Review [15A NCAC 02Q .0521, .0522 and.0525(7)]
For permits modifications subject to 45-day review by the federal Environmental 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
Air Quality Permit No. 05455T21
Page 45
respect to the revisions to the permit. The time period available to submit a public petition pursuant to
15A NCAC 02Q .0518 begins at the end of the 45-day EPA review period.
Attachment 1 to Air Quality Permit 05455T21
North Carolina Renewable Power-Elizabethtown, LLC
List of Acronyms
AOS Alternate Operating Scenario
BACT Best Available Control Technology
Btu British thermal unit
CAA Clean Air Act
CAIR Clean Air Interstate Rule
CEM Continuous Emission Monitor
CFR Code of Federal Regulations
DAQ Division of Air Quality
DEQ Department of Environmental Quality
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
NESHAP National Emission Standards for Hazardous Air Pollutants
NOx Nitrogen Oxides
NSPS New Source Performance Standard
OAH Office of Administrative Hearings
PM Particulate Matter
PM10 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
SOz Sulfur Dioxide
tpy Tons Per Year
VOC Volatile Organic Compound
Attachment 2 to Air Quality Permit 05455T21
North Carolina Renewable Power- Elizabethtown, LLC
Acid Rain Permit Application
(five page attachment)
United States
Environmental Protection Agency OMB No.2060.0258
Acid Rain Program Approval expires 11/3012M
E PA
Acid Rain Permit Application
For more information,see instructions and 40 CFR 72.30 and 72,31,
This submission Is: ~new N revised Y for Acid Rain permit renewal
STEP 1
Identify the facility name,
State, and plant(OBIS) Facility Source Elizabethtown Energy,LLCI State NC Plant Code 10380
code.
STEP 2
a b
Enter the unit ID# Unit ID# Unit Will Hold Allowances
for every affected. In Accordance with 40 CFR 72,9(cx1)
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 orderto review an Acid Rain
permit application and issue or deny an Acid Rain permit;
(2)The owners and operators of each affected source and each affected unit
at the source shall:
(i) Operate the unit in compliance with a complete Acid Rain permit
application or a superseding Acid Rain permit issued by the permitting
authority; and
(ii) Have an Acid Rain Permit.
Monitoring Requirements
(1) The owners and operators and, to the extent applicable, designated
representative of each affected source and each affected unit at the source
shall comply with the monitoring requirements as provided in 40 CFR part 75.
(2) The emissions measurements recorded and reported in accordance with
40 CFR part 75 shall be used to determine compliance by the source or unit,
as appropriate, with the Acid Rain emissions limitations and emissions
reduction requirements for sulfur dioxide and nitrogen oxides under the Acid
Rain Program.
(3) The requirements of 40 CFR part 75 shall not affect the responsibility of
the owners and operators to monitor emissions of other pollutants or other
emissions characteristics at the unit under other applicable requirements of
the Act and other provisions of the operating permit for the source.
Sulfur Dioxide Requirements
(1) The owners and operators of each source and each affected unit at the
source shall:
(i) Hold allowances, as of the allowance transfer deadline, in the source's
compliance account (after deductions under 40 CFR 73.34(c)), not less
than the total annual emissions of sulfur dioxide for the previous calendar
year from the affected units at the source; and
(11) 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
Facffi Source Name from STEP 11 Elizabethtown Energy,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.
Nitroaen 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 Energy,LLC
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
Faclli Source Name from STEP 1 Elizabethtown Energy,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 Dale,te ,� 4 , V P,. ogi erin & Permitting
Si nature Date 11/08/2011
EPA Form 7610-16(Revised 12-2009)