NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Divison of Environmental Permits, Region 2 47.40 2s Street, Long Island Cty, NY M101 (718) 482-4997 |F (718) 482-4975 wovwdeenygov November 9, 2015 Steven C. Riva, Chief Permitting Section Air Program Branch USEPA REGION 2 290 Broadway, 25" Floor New York, NY 10007 Via email Riva steven@epamail.epa.gov Re: Proposed Permit - Title V Facility Permit Renewal 2, DEC ID 2-6007-00726/00003 Proposed Permit - Title IV Facility Permit Renewal 3, DEC ID 2-6007-00726/00002 NEW YORK POWER AUTHORITY HARLEM RIVER YARDS PLANT E 432ND ST & ROBERT F KENNEDY BRIDGE APPR. APPR 688 EAST 12ND STREET, BRONX, NY 10454 Dear Mr. Riva ‘The Proposed Permits for the above referenced facility's Title V Renewal 2 and Title IV Renewal 3 Facilty Permits are available for the required EPA 45-day review period. The Proposed ATV Permits available to you Via the Department's AFS computer system, the proposed Title IV permit is enclosed. ‘The Department's July 29, 2015 Notice of Complete Application was published in a local newspaper and the DEC's Environmental Notice Bulletin, providing the required 30-day public notice period. This notice referenced the availabilty of the Draft Permit. The comment period expired on October 19, 2015. Comments were received and the Department prepared the attached Responsiveness Summary. The Proposed Permit has no substantive changes from the Draft. The Department will not issue the Final Permit if EPA objects to its issuance within 45 days of receipt of the Proposed Permit and all necessary supporting information. We understand that the official review period start and end dates are recorded in your Title V Operating Permits Database hitpv/www.epa goviregionO2/air/permivtile v_ database htm. If you have any technical questions on the Proposed Permit, please contact Thomas John in the NYSDEC Division of Air Resources at (718) 482-4993 or myself at (718) 482-4872 for administrative questions. Please provide your comments to my attention on or before the review period end date. Singerely, Bo Environmental Analyst I Division of Environmental Permits Enclosure: Responsiveness Summary Title IV proposed permit ce: S, Lieblich, T. John, C. Nirappel, DAR Y. Majette, USEPA Region 2 NYPA Department of Environmental ConservationRESPONSIVENESS SUMMARY TO COMMENTS RECEIVED ON Application 1D: 2-6007-00726/00003, Permit Type: Air Title V (ATV) REN2 ‘Application ID: 2-6007-00726/00002, Permit Type. Ar Tie IV (ATA) REN3 Applicant: NEW YORK POWER AUTHORITY Facilly: HARLEM RIVER YARDS PLANT E 132ND ST & ROBERT F KENNEDY BRIDGE APPR, APPR 668 EAST 122ND STREET BRONX, NY 10454 In accordance with 6 NYCRR Part 621.10(e) the Department has prepared this Responsiveness ‘Summary to relevant comments received during the public comment period. This Responsiveness, ‘Summary contains the following information: (1) ___Identification of any conditions in the final permit that are different from the conditions in the Draft Permit, and the reasons for the changes, and, No changes are proposed. (2) The procedures contained in 6 NYCRR Part 201 that the public must follow if they elect to pettion the EPA to object to the issuance of the proposed permit. 4. Comment: Comments that the Facility was to temporary. DEC Response: The application provided to the Department along with subsequent responses did not state the facity was to be temporary. The application submitted met the regulatory requirements, modeling standards, and all permit limits. An Air State Facility Permit was originally issued for the construction of the plant from 1/12/01 to 01/15/04. Air Title V and Title IV operational permits were issued and renewed with five year effective terms: 10/15/05, and Renewal 1 effective 01/10/11 — expiration date of 01/09/16, NYPA Response: An extensive review of documentation submitted as part of the permitting process for all NYPA’s Small Clean Power Plants, especially as related to the Hariem River location, does not contain any statement(s) as to the facities being temporary. This includes the original Full Environmental Assessment Form (submitted Novernber 2000) and the Final Environmental Impact Statement (January 2002). However, we were able to locate mecia articles published in the 2000 to 2001 timeframe that suggested the plants may be temporary. 2. Comment: Comments that the Facility has a capacity over 80MW. DEC Response: The design capacity is approximately 94-95 MW. NYPA does have the ability to apply to the State of New York Department of Public Service (DPS) (formerly PSC: Public Service Commission) for a generating capacity increase. DEC has no knowledge of any intent for NYPA to increase generating capacity. In the future, if NYPA applied for and received an increase from DPS, NYPA would sii be required to meet all current Air Title ViAir Tite IV (ATVIATA) permit mit. DPS grants permits for installation and transmission of energy. NYPA contracts with the New York Independent System Operator (NYISO) and receives capacity payments for power. NYPA can bid in for certain payments. This facilty is considered part of the reliable network in NYC. NYPA has committed in its permit application not to operate the faciity above 79.9 megawatts of net generating capacity. NYPA’s application states that it will monitor and record the megawatt output of each combustion turbine continuously and submit monthly reports to both DPS and the Department. The draft proposed permit contains an enforceable condition stating: “Item 6.1: Failure to operate the approved facility in accordance with the application's commitments to monitor electrical output and to operate at a net output of no more than 79.9 megawatts is grounds for modification, suspension, or revocation of this permit. Operation above 79.9 megawatts is a violation of this permit.”NYPA Harlem River Yards Plant Responsiveness Summary Page 2 of 7 NYPA Response: The Harlem River unit strictly adheres to the 79.9 MW output limit, Title V permit condition 1-1, To ensure compliance with this permit condition, the Power Authority has two levels of engineering controls. First, the plant's control software has been programmed to restrict output to 79.9 MW, Second, a hardware ‘Latch’, which will automatically shut down the plant should its output exceed 79.9 MW. The Power Authority submits output data monthly to both the NYPSC (Case: 00-F- 1934) and NYSDEC, and certifies compliance with this condition in its Title V compliance reports. The operation of the Hariem River plant and capacity factor during permit period (1/10/11 through 8/5/15) is provided below. Table 4. NYPA Harlem River Yards Operating Summary Harlem 1 Harlem 2 Op Capacity | Op Capacity Period hours factor hours factor 4/10/2014 - 12/31/2014 303.34 3.56% | 518.63 6.09% 4/1/2012 - 12/31/2012, 588.83 672% | 699.43 7.98% 4/1/2013 - 12/31/2013, 502.44 6.76% | 535.88 6.12% 4/1/2014 -12/31/2014 803.36 917% | 636.41 7.26% 4/1/2015 - 8/5/2015, 488.61 9.38% | 351.22 6.74% Comment: Comments that the facility is @ source of air pollution; the facility significantly pollutes the air of an environmentally overburdened community, asthma in the community; risks in the community; that the permitting renewal conflcts with the volume of pedestrians that will use the soon-to-be- ‘opened Randalls Island "Connector’, comments that the facilty should be shut down due to pollution; ‘comments that NYPA has no plan of pollution mitigation; the facility emits particulate matter (PM), PM 10, sulfur dioxide, oxides of nitrogen and carbon monoxide, among other pollutants, which cause @ wide range of adverse respiratory and other effects. DEC Response: Harlem River Yards uses only natural gas for their two turbines. The primary ‘contaminant from these sources is NOx and it is capped under 22.5 tons per year. The average actual annual NOx emissions from the facility is about 9% of ts permitted limit of 22.8 tons per year. ‘The two emergency generators at the site are limited to operate only 500 hours per year. The turbines are each equipped with selective catalytic reduction to control emissions of oxides of nitrogen and catalytic oxidation to control emissions of carbon monoxide. ‘Table 2 below shows the trend of air quality in the South Bronx area. The monitoring station is located at (1852) 681 Kelly St, which is about 2.5 miles northwest of the facility. In addition, The New York City Community Air Survey Report for 2008-2013 shows that the PM2.5, NO2, S02 have all declined over the 5 years by 16%, 19% and 69% respectively citywide. Table 2. NYSDEC Comparison of Air Quality in South Bronx (IS 52 Monitoring Statior Contaminant [2001 | 2002 [2005 [2009 [2014 | Unt 1] Nitrogen Dioxide | 32.0 | 30 288 | 24.6 19.88 ‘Annual Arithmetic mean(ppb) | PM2s - 14.3 13.7 10.8 87 ‘Annual Arithmetic Mean- _ __| ave (ual) ‘SO2z (13) | 10.0 10.9 6.33 1.36 ‘Annual Arithmetic mean (pp) (parenthesis means less than 75% available data)NYPA Harlem River Yards Plant Responsiveness Summary Page 3 of 7 ‘Table 3 shows the trend of these contaminants in Bronx using the New York City Community Air Survey data, All of these data indicates that the concentration of these contaminants have been declining ‘Table 3. NYSDEC Comparison of Air Quality in Bronx (NYCCAS DATA) (Deduced from NYCCAS Chart-Approximated) Contaminant [2009] 2070 [2011 [2012 2013 | Unit Niogen Diode [248 [235 [23 [225 [22 | mean(ppb) Plas 11 [1025 [108 [38 92 ave (ugim*) S02 em [4-2 eee 16. ee 2 “mean (ppb) NYPA Response: Pollution mitigation was but into the design of the Harlem River Plant. The facility burns natural gas, the cleanest of all fuels used in the power generation industry, resulting in a minimal amount of sulfur dioxide, PM and PM-10 emissions. The PM and PM-10 emissions are so low that NYPA is not required to monitor them. The sulfur dioxide emissions are less than 0.1 tons per year (ie. less than 200 Ibs per year). Carbon Monoxide emissions are controlled using the Best Available Control Technology, which is the same technology used to control carbon monoxide emissions from automobiles, resulting in an average carbon monoxide emission rate of 1.05 tons per year in the 2011 to 2014 timeframe. Oxides of nitrogen (NOx) emissions are controlled using the Lowest Achievable Emission Rate technology, which consists of a combination of emission controls, which reduoe the NOx emissions to the lowest obtainable levels. The Harlem units exclusively burn natural gas and employ the most advanced emission reduction controls and monitoring technology, resulting in the lowest achievable emissions in thei class of power plants (single-cycle turbines). The units operate at steady-state emission limit of § lbs. of NOx er hour (0,125 lbs./MWh), which is approximately 1-2% (i. €, 98% less) of the emission rate of other NYC area single-cycle turbines. Retiring Harlem River would be expected to increase NYC carbon emissions by 1,600 tons and NOx emissions by about 57 tons. This is due to the fact that Harlem River will be displaced by older plants with higher emissions. Further, as noted in the above table (Comment 2. Table 1 NYPA Harlem River Yards Operating Summary), the units only run for a fraction of the hours in the year and are primarily installed for critical reliability of service during the highest demand days. ‘Comment: Comments that air being measured was not South Bronx Air - questions about air quality attainment areas. DEC Response: Federal law requires DEC to submit a State Implementation Pian (SIP) that demonstrates how state air pollution control programs will be carried out to reduce pollution and to ensure that air contaminant levels are in compliance with the National Ambient Air Quality Standards (NAAQS). The SIP includes plans to bring areas that contravene the NAAQS into attainment. DEC's State Implementation Plans (SIPs) and State Plans can be found here: http:/iwww_dec.ny govichemical403. htm! DEC's Air quality monitoring stations in the Bronx that DEC has used to submit SIP data to EPA include: IS #52, IS #4, Pfizer Lab at 200" St & Southern Blvd and Morrisania located at 1226-57 Gerard Ave. DEC maintains a total of 18 stations in the NYC area to monitor different contaminants and the data from those stations will be used to determine the air quality in New York City area. ‘These monitoring stations are part of an EPA-mandated and approved National Air Monitoring Stations Network, All data collected from those stations were done so in compliance with federally- required, EPA reference methods.NYPA Harlem River Yards Plant Responsiveness Summary Page 4 of 7 5. Comment: Comments that emissions limitations are being exceeded, that on at least three occasions since 2011, the Hariem River Yards power facility exceeded permitted limitations on emissions, three incidents of accident, shut down, high emissions andior spils in. 2014. DEC Response: There was an incident of Startup/Shutdown that occurred on March 1, 2014. This was because of a faulty solenoid valve that leaked excess gas fuel in to the inlet housing. Upon discovery, the unit was placed on shut down mode and the failed Solenoid was replaced. The NYSDEC Spill Hotiine was notified of the incident. Under 201-1.4°A violation of any applicable emission standard resulting from start-up, shutdown, or malfunction conditions at a permitted or registered facility may not be subject to an enforcement action by the department and/or penalty if the department determines, in its sole discretion, that such 2 violation was unavoidable, The actions and recordkeeping and reporting requirements listed above must be adhered to in such circumstances.” The above incident was unavoidable and hence, these exceedances are not subject to any enforcement actions. However, it should be noted that these ‘emissions exceedances did not cause the facility to exceed its annual cap. Table 4. NYPA operating data provided to NYSDEC Episode 1, Date and Time | Saturday, March 7, 2014 CEMS hour 16:62 Parameter ‘CO mass emission during Start up Permit Limit 80 lbs Observed CEMS Value 14.3 Ibs Exoeedence 6.3 lbs Episodes 2, Date and Time | Saturday, March 7, 2074 CEMS hour 17-01 Parameter NOx Emission Exceedence during Shut down Permit Limit 5.0 Ibs Observed CEMS Value 7.0 Ibs Exceedence 2 ibs Episode 3, Date and Time | Saturday, March 7, 2014 CEMS hour 19:36 Parameter ‘CO mass emission during Start up Permit Limit 8.0 Ibs Observed CEMS Value 136 lbs Exceedence 5.6 Ibs _ Episode 4, Date and Time | Saturday, March 7, 2014 CEMS hour 19:44 Parameter NOx Emission Exceedence during Shut down Permit Limit 5.0 lbs Observed CEMS Value 87 bs Exceedence 37 Ibs NYPA Response: The plants infrequently experience exceedances ofits permitted emission limits For the current permit term (1/11/11-01/09/16), there have been four exceedance events, all attributed to either equipment malfunctions or upgrades. The Power Authority makes every effort to ‘minimize the impact of these events. Due to the irregular nature of these events they cannot be predicted or estimated. It should also be noted there are no emissions exceedances for the first nine months of 2015. The table below lists all the exceedances for the current permit period, Table 5. NYPA operating data Date Unit | Description: Duration [Excess Emissions | Resolution, 72 minutes | 6.3# CO/2.0#NOx | Unit shutdown, oe eee | eal |Recemene 45 minutes | §6#CO/3.7#NOx__| valve replaced. 1212612013 | HR2 | Software upgrade | 32 minutes | ,'PP™NOx/.2ppm | Unit shutdown, NH3 software restarted Unit shutdown, 12/16/2013 | HR1 | Software upgrade | 14 minutes | 2.4# NOx Sanere Teed ‘Zappm NOx/S.2# | Unit shutdown, 07/26/2012 | HR1 | Valve Failure 5 minutes NOx valve coil replaced.NYPA Harlem River Yards Plant Responsiveness Summary Page 5 of 7 ‘Comment: Comments asking if closure of this plant would have any impact on the price or availabilty of electricity in the City. DEC Response: This is outside the scope of this permitting action. NYPA Response: NYPA’s Small Clean Power Plants, including the Harier units, provide significant savings to the New York City customers. For example, the presence of Harlem River's in-ity generation saved the NYC customer approximately $50 million in just one year in 2014, when compared to buying the capacity in the spot market, If the Harlem River Plant was to be retired in 2016, the NYC capacity market would be negatively impacted at the cost of $62 - $90 milion. The lower value assumes the price change only impacts unhedged capacity transactions and the upper value assumes all customers are affected by a price change. The retirement would also cause a $9.3 millon increase in generation charges due to the higher cost (less efficient) generating stations making up for the generation shortfall caused by the retirement of the Harlem River Plant. Historically, the Harlem River Plant has a high level of availablity, which was most recently measured at 98.5% year-to-date for 2015. “Availabilty” refers to the percentage of time the plant is able to be called on by the system operator should it be needed to provide supply to the surrounding grid. The unit has additionally served the local grid in both times of high electrical demand and extreme weather conditions. Operational examples include: New York State's peak demand day on July 19, 2013, Hurricane Sandy in 2012 and the extreme cold weather of the 2013 and 2074 winters, Though the plant does not run for many hours during the year, its location on the grid and operating characteristics make it critical to grid reliability. As other in-city black start generators retire, the unit hhas been designated as a future comnerstone to Con Edison's grid restoration plan. The units are ideal for blackout recovery due to their simple operation, fast response/ramping capabilities. The units were in operation immediately following the 2003 blackout. Comment: Comments stating that the Facility is situated in a flood zone yet has no flood mitigation plan in place, there does not seem to be any consideration by NYPA or NYSDEC to the Community Risk and Resiliency Act DEC Response: The Community Risk Resiliency Act (CRRA), signed into law on September 22, 2014, requires applicants for certain permits to consider future physical climate risk due to sea-level Tise, storm surges, or flooding. Title V permits are not specifically enumerated in CRRA. Moreover, CRRA’s requirement will not become effective until the Department adopts guidance regarding the implementation of CRRA, or by January 1, 2017, whichever comes firs. ‘The Department recently proposed sea-level rise projection regulations under CRRA (6 NYCRR Part 490). The Department, in consultation with the Department of State and other agencies, is also currently developing guidance regarding how CRRA will be incorporated into each of the enumerated programs. When finalized, this regulation and guidance will enable thorough examination of sea-level Tise, storm surges, and flooding for relevant projects. NYPA Response: Because the Hariem River Plant is situated in a 100-year flood plain, all critical equipment is located aboveground on concrete pads. Environmentally critical equipment have concrete dikes around them or were installed on supports of sufficient height to Keep them out of the flood waters. A recent severe weather evaluation of the Harlem River facility has determined that itis at extremely low risk for flooding. Even so, foul weather Standard Operating Procedures (SOPs) in the form of Station Orders were developed and in place prior to Hurricane Sandy to address severe winter and summer weather. These procedures were successfully implemented during Hurricane ‘Sandy allowing the Harlem River Plant to operate safely during the storm event and supply much needed power to a severely stressed power grid.NYPA Harlem River Yards Plant Responsiveness Summary Page 6 of 7 8 Comment: Comments stating that the permitting of the Facility conflicts with the Draft 2014 NYSDEC ‘Open Space Plan, DEC Response: The Draft 2014 NYSDEC Open Space Plan has not been finalized, accepted or issued by the Department, and remains in a Draft form. Open space may be defined as “an area of and or water that either remains in its natural state or is used for agriculture, free from intensive ‘development for residential, commercial, industrial or institutional use". The 2014 NYSDEC Draft ‘Open Space Pian, page 226, lsts two “Part of writen “plo” Bronx lots on the Additional Properties of Importance List: Port Morris/Randal's Island Connector & South Bronx Greenway: Biock 2543 Lot 1 (plo) and Block 2583 Lot 2 (p/o) respectively. Part of each of these lots contains open space, ‘excluding the existing industrial uses. The NYPA facilty is located on a part of Block 2643 Lot 1 that isnot open space, and cannot be designated for open space acquisition, 9. Comment: Comments regarding local outreach and Policy #CP- 29 Environmental Justice and Permitting DEC Response: The CP-29 Ey Policy does not apply to renewals (Section V.A.2). For ATV renewals, public participation is provided in the form of the newspaper notice, online ENB notice, and the public's ability to also provide comment or petition to the USEPA during the federal draft proposed permit review period. 10. Comment: Comment regarding commissioning a comprehensive environmental-impact study that {fully explores the environmental and social consequences of their continued operation and compares. these against available alternatives. DEC Response: The Department's November 20, 2000 Environmental Notice Bulletin, Notice of Public Hearing stated: “SEQRA STATUS: Pursuant to the State Environmental Quality Review Act ("SEQR’, ECL Article 8 and 6 NYCRR Part 617), NYPA, as lead agency, has determined that the ‘project will not result in significant adverse environmental impact. The project is a Type | action under SEQR. NYPA issued a Negative Declaration on November 20, 2000.” DEC subsequently issued NYPA a State Facility permit on January 12, 2001 In early 2001, an Article 78 proceeding against the Project, alleged in part that NYPA violated SEQR, On July 23, 2001, the Appellate Division of the New York State Supreme directed NYPA to prepare ‘an environmental impact statement (EIS). (see UPROSE et al. v. NYPA et al, 285 A.D.2d 603, 729 N.Y.S.2d 42, 2d Dep't 2001, http://caselaw.findlaw.com/ny-supreme-court/1416395.htm! ) ‘The Notice of Acceptance of Final E1S was published in the Environmental Notice Bulletin on January 16, 2002. The EIS included a discussion of alternatives. Federal regulations required NYPA to apply for a Title V permit within the first year of commercial operation; NYPA applied for the Title V permit in July 2002. The Department's July 16, 2003 Environmental Notice Bulletin, Combined Notice of Complete Application and Legislative Public Hearing stated: "SEQRA: Pursuant to the State Environmental Quality Review Act ("SEQR’, ECL Article 8 and 6 NYCRR Part 617), NYPA as lead agency has prepared a final environmental impact statement that addresses the facility. As lead agency, NYPA has determined that no further environmental reviews are required under SEQR for the Tile V permit application and issuance of the Title V operating permit.” 14. Comment: Request for a Public Hearing, DEC Response: Upon review of the public comments, the Department has determined that holding a legislative hearing is not necessary. While a legislative hearing provides the public an opportunity to make unsworn statements on the record regarding the content of a permit, commentators do not have to attend a Public hearing in order to place their comments on the record. Comments received in written or electronic form are given the same weight as oral comments when NYSDEC is reviewing comments on a permit renewal. The Department believes that the written statements it has received to date ~ and the range of issues they raise - effectively communicate the community's concems. Since writtenNYPA Harlem River Yards Plant Responsiveness Summary Page 7 of 7 statements and oral remarks have equal weight in NYSDEC’s decision-making process, a legislative hearing is unnecessary. The record contains sufficient information for the Department to make an informed permit decision, The procedures to petition EPA to object to issuance of the proposed permit are: For the Titlo V Facilty Permit, in accordance with 6 NYCRR Part 201-6.3, the EPA Administrator may ‘object tothe issuance of any proposed permit determined by the Administrator not to be in compliance with applicable requirements or requirements of Part 201. No permit shall be issued by the Department if the Administrator objects to its issuance in writing within 45 days of receipt ofthe proposed permit and all necessary supporting information. The offcial EPA review period start and end dates are recorded in EPA's Title V Operating Permits Database (htto:/wwwnw.epa.goviregion02/aitpermivtitia v database.htm ) If the Administrator does not object to issuance, any person may petition the Administrator within 60 days after the expiration of the Administrators's 45-day review period to make such objection. The EPA contact information is Mr. Steven Riva, Chief Permitting Section Air Programs Branch US Environmental Protection Agency - Region 2 290 Broadway ‘New York, NY 10007-1865 Tel. 212-637-4074, email: riva.steven@epamall. Any such petition shall be based only on objections to the permit that were raised with reasonable ‘specificity during the public comment period, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. 201-6.3(d) Public petitions to the administrator. If the administrator does not object in writing under subdivision (c) ofthis section, any person may petition the administrator within 60 days after the expiration of the administrator's 45-day review period fo make ‘such objection. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. Ifthe administrator objects to the permit as a result of a petition fled under this paragraph, the department shall not issue the permit until EPA's objection has been resolved, except that 2 potition for review does not stay the effectiveness of a permit or ts requirements if the permit was issued after the end of the 45-day review period and prior to an EPA objection. Ifthe department has issued a permit prior to receipt of an EPA objection under this paragraph, the administrator will modify, terminate, or revoke such permit, and shall do so consistent with the procedures in section 201-6.6(e) of this Subpart, except in unusual circumstances, and the department may thereafter issue only a revised pormit that satisfies EPA's objection. in any case, the facility owner or operator will not be in violation of the requirement to have submitted a timely and complete application.o NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC 1D 26007-00726 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: Facility: NEW YORK POWER AUTHORITY HARLEM RIVER YARDS PLANT 123 MAIN ST E 132ND ST & ROBERT F KENNEDY BRIDGE APPRIAPPR 688 EAST 132ND STREET WHITE PLAINS, NY 10601 BRONX, NY 10454 (914) 287-3247 Facility Loe: in BRONX COUNTY Village: BRONX Facility Principal Reference Point: NYTM-E: 591.481 NYTM-N: 4517.019 Latitude: 40°47'56.7" Longitude: 73°54'56.0" : E 132ND ST & RFK BRIDGE APPR, APPR 688 EAST 132ND ST, BRONX, NY 1d Activity: ‘The facility consists of two simple cycle combustion turbines (GE LM6000). The turbines will employ spray intercooling systems to optimize power output. The units are each equipped with selective catalytic reduction to control emissions of oxides of nitrogen and catalytic. oxidation to control emissions of carbon monoxide. Other equipment on-site include gas and air compressors, cooling tower lube oil cooling system, water treatment and storage system, ammonia storage and injection system, raw water storage, and auxiliary electrical systems. ‘The stack is approximately 107 feet in height and 144 inches in diameter. The facility will generate a maximum 79.9 megawatts of power. Neither turbine will operate below 60 percent load (during either singular or dual turbine operation) except during periods of start-up or shutdown, With this renewal facility will will also add on 1474 bhp(1000 KWe) Black Start emergency diesel generator (BSEDG) to Emission Unit 1-00001. Permit Authorizations Title IV (Phase II Acid Rain) - Under Article 19 Permit ID 2-6007-00726/00002 (DEC ID 2-6007-00726) Renewal _ Proposed Effective Date: Proposed Expiration Date: No Exp. Date Air Title V Facility - Under Article 19 Permit ID 2-6007-00726/00003 Renewal Proposed Effective Date:__ Proposed Expiration Date: No Exp. Date NYSDEC Approval Draft Permit Page 1 of 5By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: STEPHEN A WATTS, Regional Permit Administrator Address: NYSDEC Region 2 Headquarters 47-40 2ist St Long Island City, NY 11101 -5401 Authorized Signature: Date __/__/ Permit Components TITLE IV (PHASE Il ACID RAIN) PERMIT CONDITIONS AIR TITLE V FACILITY PERMI CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS TITLE IV (PHASE I ACID RAIN) PERMIT CONDITIONS 1, Phase II Permit Application 40CFR 72. a, The owners and operators shall comply with all of the standard requirements and special provisions set forth on the attached Phase Il Permit Application for each affected b. This permit does not relieve the permittee from compliance with applicable state and federal air pollution control rule and regulations. cc. The permittee is required to have sufficient SOz allowances in its possession to cover the SO2 emissions generated from this facility 4. The facility must continuously monitor, maintain, and certify monitoring systems for NOx emissions, CO2 or Oz emissions, and volumetric flow rate in accordance with the requirements of 40CER part 75. The facility shall monitor for emissions of SO2 in accordance with the ions of 40 CFR part 75. All required reports as applicable shall be submitted to: U.S. Environmental Protection Agency, Headquarters @ Postal mailing address: or @ Overnight delivery address: U.S. Environmental US. Environmental Protection Agency Protection Agency Acid Rain Program (62043) ‘Acid Rain Program (6204)) 1200 Pennsylvania Avenue, NW 1310 L Street, NW Washington, DC 20460 Washington, DC 20005 Draft Permit Page 2 of SNEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC 1D 2-6007-00726 U.S. Environmental Protection Agency, Region 2 Region II Monitoring & Assessment Branch AWQAT (MS 220) 2890 Woodbridge Ave Edison, NJ. 09937 Air Program NYSDEC Headquarters 625 Broadway Albany, NY 12233 [Regional Air Pollution Control Engineer] 2, $02 Allowance Allocations 40CFR 73. Total Phase I $O2 Allowances (1) from Table 2 of 40 CFR B Table: Unit [Allowance 2010 and NOx limit (2) thereafter b/mmBTU ROI 0G) HRO2. 0G) NOTES: (1) The number of allowances actually held by an affected source in a unit account may differ from the number allocated by the U.S. EPA; however, this would not necessitate a revision to the unit SO2 allowance allocations identified in this permit (See 40 CFR] 72.84), 2) The provisions of 40 CFR Part 76 do not apply to this facility. (3)__ Units HROLand HRO2 do not have allowances in Table 2 of 40 CFR Part 73. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspeetion by The Department ECL 19-0308 The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3) ‘The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Draft Permit Page 3 of 5NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC 1D 2-6007-00726 2. Relationship of this Permit to Other Department Orders and Determinations ECL 3-0301 (2) (m) Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers 6 NYCRR 621.11 The permittee must submit a separate written application to the Department for permit renewal, modification or ‘transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing, Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC Region 2 Headquarters 47-40 Dist St Long Island City, NYI1101 -540L 4, Submission of Renewal Application 6 NYCRR 621.11 The permittee must submit a renewal application at least 180 days before permit expiration for the following permit authorizations: Title IV (Phase II Acid Rain), Air Title V Facility 5. Permit Modifications, Suspensions and Revocations by the Department 6 NYCRR 621.13 The Department reserves the right to exercise all available authority to modify, suspend or revoke this, permit. The grounds for modification, suspension or revocation include materially false or inaccurate statements in the permit application or supporting papers; b, failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; 4. newly discovered material information or a material change in environmental conditions, relevant technology ot applicable law or regulations since the issuance of the existing permit; €. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6, Permit Transfer 6 NYCRR 621.11 Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS, ‘| Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification ‘The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, Draft Permit Page 4 of 5NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION = Facility DEC 1D 2-6007-00726 and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee’s acts or omissions in connection with the permittee’s undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Pert ‘The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permitiee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those preseribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits ‘The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this pert Item D: No Right to Trespass or Interfere with Riparian Rights ‘This permit does not convey to the petmittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work not does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit Draft Permit Page 5 of 5