Facility DEC ID: 4421500010
PERMIT
Under the Environmental Conservation Law (ECL)
IDENTIFICATION INFORMATION
Permit Type: Air State Facility
Permit ID: 4-4215-00010/00007
Mod 0 Effective Date: 01/21/2009 Expiration Date: No expiration date.
Mod 1 Effective Date: 02/10/2011 Expiration Date: No expiration date.
Permit Issued To:ELLIS HOSPITAL
1101 NOTT ST
SCHENECTADY, NY 12308-2425
Contact:
ELLIS HOSPITAL
1101 NOTT ST
SCHENECTADY, NY 12308-2425
(518) 243-4000
Facility:
ELLIS HOSPITAL
1101 NOTT ST
SCHENECTADY, NY 12308
Contact:
DONALD J MCLAUGHLIN, JR
ELLIS HOSPITAL
1101 NOTT ST
SCHENECTADY, NY 12308
(518) 243-3469
Description:
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict
compliance with the ECL, all applicable regulations, the General Conditions specified and any
Special Conditions included as part of this permit.
Permit Administrator:
Authorized Signature:
MICHAEL T HIGGINS
DIVISION OF ENVIRONMENTAL PERMITS
1130 N WESTCOTT RD
SCHENECTADY, NY 12306-2014
_________________________________
DEC Permit Conditions
Mod 1/FINAL
Date: ___ / ___ / _____
Page 1
Facility DEC ID: 4421500010
Notification of Other State Permittee Obligations
Item A:
Permittee Accepts Legal Responsibility and Agrees to Indemnification
The permittee expressly agrees to indemnify and hold harmless the Department of
Environmental Conservation of the State of New York, its representatives,
employees 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
compliance 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 any 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 Permit
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 permittee'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 prescribed 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 permit.
Item D:
No Right to Trespass or Interfere with Riparian Rights
This permit does not convey to the permittee any right to trespass upon the lands
or interfere with the riparian rights of others in order to perform the permitted
work nor 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.
DEC Permit Conditions
Mod 1/FINAL
Page 2
Facility DEC ID: 4421500010
LIST OF CONDITIONS
DEC GENERAL CONDITIONS
General Provisions
Facility Inspection by the Department
Relationship of this Permit to Other Department Orders and
Determinations
Applications for permit renewals, modifications and transfers
Permit modifications, suspensions or revocations by the Department
Permit modifications, suspensions or revocations by the Department
Facility Level
Submission of application for permit modification or
renewal-REGION 4 HEADQUARTERS
DEC Permit Conditions
Mod 1/FINAL
Page 3
Facility DEC ID: 4421500010
DEC GENERAL CONDITIONS
**** General Provisions ****
GENERAL CONDITIONS - Apply to ALL Authorized Permits.
Condition 1: Facility Inspection by the Department
Applicable State Requirement:
ECL 19-0305
Item 1.1:
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).
Item 1.2:
The permittee shall provide a person to accompany the Department's representative during an
inspection to the permit area when requested by the Department.
Item 1.3:
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.
Condition 2: Relationship of this Permit to Other Department Orders and Determinations
Applicable State Requirement:
ECL 3-0301 (2) (m)
Item 2.1:
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.
Condition 3: Applications for permit renewals, modifications and transfers
Applicable State Requirement:
6 NYCRR 621.11
Item 3.1:
The permittee must submit a separate written application to the Department for 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.
Item 3.2:
The permittee must submit a renewal application at least 180 days before expiration of permits
for Title V Facility Permits, or at least 30 days before expiration of permits for State Facility
Permits.
Item 3.3:
Permits are transferrable with the approval of the department unless specifically prohibited by
the statute, regulation or another permit condition. Applications for permit transfer should be
submitted prior to actual transfer of ownership.
Condition 1-1:
Permit modifications, suspensions or revocations by the
DEC Permit Conditions
Mod 1/FINAL
Page 4
Facility DEC ID: 4421500010
Department
Applicable State Requirement:
6 NYCRR 621.13
Item 1-1.1:
The Department reserves the right to modify, suspend, or revoke this permit in accordance with
6NYCRR Part 621. The grounds for modification, suspension or revocation include:
a) 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;
d) newly discovered material information or a material change in environmental conditions,
relevant technology or applicable law or regulations since the issuance of the existing permit;
e) 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.
Condition 4: Permit modifications, suspensions or revocations by the Department
Applicable State Requirement:
6 NYCRR 621.13
Item 4.1:
The Department reserves the right to modify, suspend, or revoke this permit in accordance with
6NYCRR Part 621. The grounds for modification, suspension or revocation include:
a) 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;
d) newly discovered material information or a material change in environmental
conditions, relevant
technology or applicable law or regulations since the issuance of the
existing permit;
e) 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.
**** Facility Level ****
Condition 5: Submission of application for permit modification or renewal-REGION 4
HEADQUARTERS
Applicable State Requirement:
6 NYCRR 621.6 (a)
Item 5.1:
Submission of applications for permit modification or renewal are to be submitted to:
NYSDEC Regional Permit Administrator
Region 4 Headquarters
Division of Environmental Permits
1130 North Westcott Rd.
Schenectady, NY 12306-2014
(518) 357-2069
DEC Permit Conditions
Mod 1/FINAL
Page 5
Permit ID: 4-4215-00010/00007
Facility DEC ID: 4421500010
Permit Under the Environmental Conservation Law (ECL)
ARTICLE 19: AIR POLLUTION CONTROL - AIR STATE FACILITY
PERMIT
IDENTIFICATION INFORMATION
Permit Issued To:ELLIS HOSPITAL
1101 NOTT ST
SCHENECTADY, NY 12308-2425
Facility:
ELLIS HOSPITAL
1101 NOTT ST
SCHENECTADY, NY 12308
Authorized Activity By Standard Industrial Classification Code:
8062 - GENERAL MEDICAL & SURGICAL HOSPITALS
Mod 0 Permit Effective Date: 01/21/2009
date.
Permit Expiration Date: No expiration
Mod 1 Permit Effective Date: 02/10/2011
date.
Permit Expiration Date: No expiration
Mod 1/Active
Air Pollution Control Permit Conditions
FINAL
Page 1
Permit ID: 4-4215-00010/00007
Facility DEC ID: 4421500010
LIST OF CONDITIONS
FEDERALLY ENFORCEABLE CONDITIONS
Facility Level
1 6 NYCRR 201-7.2: Facility Permissible Emissions
*1-1 6 NYCRR 201-7.2: Capping Monitoring Condition
*1-2 6 NYCRR 201-7.2: Capping Monitoring Condition
5 6 NYCRR 225-1.2 (a) (2): Compliance Demonstration
6 6 NYCRR 225-1.8 (a): Compliance Demonstration
7 6 NYCRR 227-1.3: Compliance Demonstration
8 6 NYCRR 227-1.3 (a): Compliance Demonstration
9 6 NYCRR 227-1.6: Corrective Action
10 6 NYCRR 227-1.7: Compliance Demonstration
STATE ONLY ENFORCEABLE CONDITIONS
Facility Level
11 ECL 19-0301: Contaminant List
1-3 6 NYCRR 201-1.4: Unavoidable noncompliance and violations
13 6 NYCRR Subpart 201-5: Emission Unit Definition
14 6 NYCRR 201-5.3 (b): Compliance Demonstration
1-4 6 NYCRR 211.2: Air pollution prohibited
1-5 6 NYCRR 227-1.2 (a) (2): Compliance Demonstration
Emission Unit Level
17 6 NYCRR Subpart 201-5: Emission Point Definition By Emission Unit
18 6 NYCRR Subpart 201-5: Process Definition By Emission Unit
NOTE: * preceding the condition number indicates capping.
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Air Pollution Control Permit Conditions
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Permit ID: 4-4215-00010/00007
Facility DEC ID: 4421500010
FEDERALLY ENFORCEABLE CONDITIONS
**** Facility Level ****
NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS
This section contains terms and conditions which are federally enforceable. Permittees
may also have other obligations under regulations of general applicability
Item A:
Sealing - 6 NYCRR 200.5
The Commissioner may seal an air contamination source to
prevent its operation if compliance with 6 NYCRR Chapter
III is not met within the time provided by an order of the
Commissioner issued in the case of the violation.
Sealing means labeling or tagging a source to notify any
person that operation of the source is prohibited, and
also includes physical means of preventing the operation
of an air contamination source without resulting in
destruction of any equipment associated with such source,
and includes, but is not limited to, bolting, chaining or
wiring shut control panels, apertures or conduits
associated with such source.
No person shall operate any air contamination source
sealed by the Commissioner in accordance with this section
unless a modification has been made which enables such
source to comply with all requirements applicable to such
modification.
Unless authorized by the Commissioner, no person shall
remove or alter any seal affixed to any contamination
source in accordance with this section.
Item B:
Acceptable Ambient Air Quality - 6 NYCRR 200.6
Notwithstanding the provisions of 6 NYCRR Chapter III,
Subchapter A, no person shall allow or permit any air
contamination source to emit air contaminants in
quantities which alone or in combination with emissions
from other air contamination sources would contravene any
applicable ambient air quality standard and/or cause air
pollution. In such cases where contravention occurs or may
occur, the Commissioner shall specify the degree and/or
method of emission control required.
Item C:
Maintenance of Equipment - 6 NYCRR 200.7
Any person who owns or operates an air contamination
source which is equipped with an emission control device
shall operate such device and keep it in a satisfactory
state of maintenance and repair in accordance with
ordinary and necessary practices, standards and
procedures, inclusive of manufacturer's specifications,
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Permit ID: 4-4215-00010/00007
Facility DEC ID: 4421500010
required to operate such device effectively.
Item D:
Unpermitted Emission Sources - 6 NYCRR 201-1.2
If an existing emission source was subject to the
permitting requirements of 6 NYCRR Part 201 at the time of
construction or modification, and the owner and/or
operator failed to apply for a permit for such emission
source then the following provisions apply:
(a) The owner and/or operator must apply for a permit for
such emission source or register the facility in
accordance with the provisions of Part 201.
(b) The emission source or facility is subject to all
regulations that were applicable to it at the time of
construction or modification and any subsequent
requirements applicable to existing sources or
facilities.
Item E:
Emergency Defense - 6 NYCRR 201-1.5
An emergency constitutes an affirmative defense to an
action brought for noncompliance with emissions
limitations or permit conditions for all facilities in New
York State.
(a) The affirmative defense of emergency shall be
demonstrated through properly signed, contemporaneous
operating logs, or other relevant evidence that:
(1) An emergency occurred and that the facility owner
and/or
operator can identify the cause(s) of the
emergency;
(2) The equipment at the permitted facility causing the
emergency was at the time being properly operated;
(3) During the period of the emergency the facility owner
and/or operator took all reasonable steps to minimize
levels of emissions that exceeded the emission standards,
or other requirements in the permit; and
(4) The facility owner and/or operator notified the
Department
within two working days after the event occurred. This
notice must contain a description of the emergency, any
steps taken to mitigate emissions, and corrective actions
taken.
(b) In any enforcement proceeding, the facility owner
and/or operator seeking to establish the occurrence of an
emergency has the burden of proof.
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Permit ID: 4-4215-00010/00007
Facility DEC ID: 4421500010
(c) This provision is in addition to any emergency or
upset provision contained in any applicable requirement.
Item F:
Recycling and Salvage - 6 NYCRR 201-1.7
Where practical, any person who owns or operates an air
contamination source shall recycle or salvage air
contaminants collected in an air cleaning device according
to the requirements of 6 NYCRR.
Item G:
Prohibition of Reintroduction of Collected Contaminants
to the Air - 6 NYCRR 201-1.8
No person shall unnecessarily remove, handle, or cause to
be handled, collected air contaminants from an air
cleaning device for recycling, salvage or disposal in a
manner that would reintroduce them to the outdoor
atmosphere.
Item H:
Proof of Eligibility for Sources Defined as Exempt
Activities - 6 NYCRR 201-3.2 (a)
The owner and/or operator of an emission source or unit
that is eligible to be exempt, may be required to certify
that it operates within the specific criteria described in
6 NYCRR Subpart 201-3. The owner or operator of any such
emission source must maintain all required records on-site
for a period of five years and make them available to
representatives of the Department upon request.
Department representatives must be granted access to any
facility which contains emission sources or units subject
to 6 NYCRR Subpart 201-3, during normal operating hours,
for the purpose of determining compliance with this and
any other state and federal air pollution control
requirements, regulations, or law.
Item I:
Proof of Eligibility for Sources Defined as Trivial
Activities - 6 NYCRR 201-3.3 (a)
The owner and/or operator of an emission source or unit
that is listed as being trivial in 6 NYCRR Part 201 may be
required to certify that it operates within the specific
criteria described in 6 NYCRR Subpart 201-3. The owner or
operator of any such emission source must maintain all
required records on-site for a period of five years and
make them available to representatives of the Department
upon request. Department representatives must be granted
access to any facility which contains emission sources or
units subject to 6 NYCRR Subpart 201-3, during normal
operating hours, for the purpose of determining compliance
with this and any other state and federal air pollution
control requirements, regulations, or law.
Item J:
Required Emission Tests - 6 NYCRR 202-1.1
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Permit ID: 4-4215-00010/00007
Facility DEC ID: 4421500010
An acceptable report of measured emissions shall be
submitted, as may be required by the Commissioner, to
ascertain compliance or noncompliance with any air
pollution code, rule, or regulation. Failure to submit a
report acceptable to the Commissioner within the time
stated shall be sufficient reason for the Commissioner to
suspend or deny an operating permit. Notification and
acceptable procedures are specified in 6 NYCRR Subpart
202-1.
Item K:
Visible Emissions Limited - 6 NYCRR 211.3
Except as permitted by a specific part of this Subchapter
and for open fires for which a restricted burning permit
has been issued, no person shall cause or allow any air
contamination source to emit any material having an
opacity equal to or greater than 20 percent (six minute
average) except for one continuous six-minute period per
hour of not more than 57 percent opacity.
Item L:
Open Fires Prohibitions - 6 NYCRR 215.2
Except as allowed by section 215.3 of 6 NYCRR Part 215,
no person shall burn, cause, suffer, allowor permit the
burning of any materials in an open fire.
Item M:
Permit Exclusion - ECL 19-0305
The issuance of this permit by the Department and the
receipt thereof by the Applicant does not and shall not be
construed as barring, diminishing, adjudicating or in any
way affecting any legal, administrative or equitable
rights or claims, actions, suits, causes of action or
demands whatsoever that the Department may have against
the Applicant for violations based on facts and
circumstances alleged to have occurred or existed prior to
the effective date of this permit, including, but not
limited to, any enforcement action authorized pursuant to
the provisions of applicable federal law, the
Environmental Conservation Law of the State of New York
(ECL) and Chapter III of the Official Compilation of the
Codes, Rules and Regulations of the State of New York
(NYCRR). The issuance of this permit also shall not in any
way affect pending or future enforcement actions under the
Clean Air Act brought by the United States or any person.
Item N:
Federally Enforceable Requirements - 40 CFR 70.6 (b)
All terms and conditions in this permit required by the
Act or any applicable requirement, including any
provisions designed to limit a facility's potential to
emit, are enforceable by the Administrator and citizens
under the Act. The Department has, in this permit,
specifically designated any terms and conditions that are
not required under the Act or under any of its applicable
requirements as being enforceable under only state
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Permit ID: 4-4215-00010/00007
Facility DEC ID: 4421500010
regulations.
FEDERAL APPLICABLE REQUIREMENTS
The following conditions are federally enforceable.
Condition 1:
Facility Permissible Emissions
Effective between the dates of 01/21/2009 and Permit Expiration Date
Applicable Federal Requirement:6 NYCRR 201-7.2
Item 1.1:
The sum of emissions from the emission units specified in this permit shall not equal or exceed
the following
Potential To Emit (PTE) rate for each regulated contaminant:
CAS No: 007446-09-5
(From Mod 1)
PTE:
180,000 pounds
per year
Name: SULFUR DIOXIDE
Condition 1-1:
Capping Monitoring Condition
Effective between the dates of 02/10/2011 and Permit Expiration Date
Applicable Federal Requirement:6 NYCRR 201-7.2
Item 1-1.1:
Under the authority of 6 NYCRR Part 201-7, this condition contains an emission cap for the
purpose of limiting emissions from the facility, emission unit or process to avoid being subject to
the following applicable requirement(s) that the facility, emission unit or process would
otherwise be subject to:
6 NYCRR Subpart 201-6
Item 1-1.2:
Operation of this facility shall take place in accordance with the approved criteria, emission
limits, terms, conditions and standards in this permit.
Item 1-1.3:
The owner or operator of the permitted facility must maintain all required records on-site for a
period of five years and make them available to representatives of the Department upon request.
Department representatives must be granted access to any facility regulated by this Subpart,
during normal operating hours, for the purpose of determining compliance with this and any
other state and federal air pollution control requirements, regulations or law.
Item 1-1.4:
On an annual basis, unless otherwise specified below, beginning one year after the granting of an
emissions cap, the responsible official shall provide a certification to the Department that the
facility has operated all emission units within the limits imposed by the emission cap. This
certification shall include a brief summary of the emissions subject to the cap for that time
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Permit ID: 4-4215-00010/00007
Facility DEC ID: 4421500010
period and a comparison to the threshold levels that would require compliance with an
applicable requirement.
Item 1-1.5:
The emission of pollutants that exceed the applicability thresholds for an applicable requirement,
for which the facility has obtained an emissions cap, constitutes a violation of Part 201 and of
the Act.
Item 1-1.6:
The Compliance Demonstration activity will be performed for the Facility.
Regulated Contaminant(s):
CAS No: 007446-09-5
SULFUR DIOXIDE
Item 1-1.7:
Compliance Demonstration shall include the following monitoring:
Capping: Yes
Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES
Monitoring Description:
Fuel oil consumption shall be limited to 2,400,000
gallons of #2 fuel oil at .5%sulfur content which equates
to 90 tons of SO2 emissions, in order to avoid triggering
Title V requirements. This federally enforceable limit
shall not be exceeded. Consumption of #2 fuel oil, and
natural gas shall be tracked and summed in a monthly log.
The volume of fuel oil consumed monthly and the
corresponding pounds of SO2 and CO emitted monthly shall
be rolled on a 12 month basis. These figures along with a
certification that indicates whether the facility is in
compliance with the gallon and pound limits of this permit
shall be submitted annually.
Monitoring Frequency: MONTHLY
Averaging Method: ANNUAL MAXIMUM ROLLED MONTHLY
Reporting Requirements: ANNUALLY (CALENDAR)
Reports due 30 days after the reporting period.
The initial report is due 1/30/2012.
Subsequent reports are due every 12 calendar month(s).
Condition 1-2:
Capping Monitoring Condition
Effective between the dates of 02/10/2011 and Permit Expiration Date
Applicable Federal Requirement:6 NYCRR 201-7.2
Item 1-2.1:
Under the authority of 6 NYCRR Part 201-7, this condition contains an emission cap for the
purpose of limiting emissions from the facility, emission unit or process to avoid being subject to
the following applicable requirement(s) that the facility, emission unit or process would
otherwise be subject to:
6 NYCRR Subpart 201-6
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Permit ID: 4-4215-00010/00007
Facility DEC ID: 4421500010
Item 1-2.2:
Operation of this facility shall take place in accordance with the approved criteria, emission
limits, terms, conditions and standards in this permit.
Item 1-2.3:
The owner or operator of the permitted facility must maintain all required records on-site for a
period of five years and make them available to representatives of the Department upon request.
Department representatives must be granted access to any facility regulated by this Subpart,
during normal operating hours, for the purpose of determining compliance with this and any
other state and federal air pollution control requirements, regulations or law.
Item 1-2.4:
On an annual basis, unless otherwise specified below, beginning one year after the granting of an
emissions cap, the responsible official shall provide a certification to the Department that the
facility has operated all emission units within the limits imposed by the emission cap. This
certification shall include a brief summary of the emissions subject to the cap for that time
period and a comparison to the threshold levels that would require compliance with an
applicable requirement.
Item 1-2.5:
The emission of pollutants that exceed the applicability thresholds for an applicable requirement,
for which the facility has obtained an emissions cap, constitutes a violation of Part 201 and of
the Act.
Item 1-2.6:
The Compliance Demonstration activity will be performed for the Facility.
Regulated Contaminant(s):
CAS No: 007446-09-5
SULFUR DIOXIDE
Item 1-2.7:
Compliance Demonstration shall include the following monitoring:
Capping: Yes
Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC
OPERATIONS
Monitoring Description:
The facility is limited to using #2 fuel oil with a
maximum sulfur content of 0.5%. This sulfur content limit
along with the fuel oil usage limit of 2,400,000 gallons
of fuel during any 12 month rolling period will limit the
emissions of sulfur dioxide from the facility to below
title V applicability threshold. Compliance with this
requirement will be demonstrated by maintaining records in
accordance with 6 NYCRR Part 225-1.8(a) of this permit,
and will also satisfy sulfur limitation of 6 NYCRR Part
225. A certification which indicates whether the facility
is in compliance with the sulfur limit shall be submitted
annually.
Work Practice Type: PARAMETER OF PROCESS MATERIAL
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Permit ID: 4-4215-00010/00007
Facility DEC ID: 4421500010
Process Material: FUEL OIL
Parameter Monitored: SULFUR CONTENT
Upper Permit Limit: 0.5 percent
Monitoring Frequency: PER DELIVERY
Averaging Method: MAXIMUM - NOT TO BE EXCEEDED AT ANY
TIME (INSTANTANEOUS/DISCRETE OR GRAB)
Reporting Requirements: ANNUALLY (CALENDAR)
Reports due 30 days after the reporting period.
The initial report is due 1/30/2012.
Subsequent reports are due every 12 calendar month(s).
Condition 5:
Compliance Demonstration
Effective between the dates of 01/21/2009 and Permit Expiration Date
Applicable Federal Requirement:6 NYCRR 225-1.2 (a) (2)
Item 5.1:
The Compliance Demonstration activity will be performed for the Facility.
Item 5.2:
Compliance Demonstration shall include the following monitoring:
Monitoring Type: WORK PRACTICE INVOLVING SPECIFIC
OPERATIONS
Monitoring Description:
No person shall use, purchase sell, or offer for sale any
residual oil which has a sulfur content greater than the
limit presented below. A log of the sulfur content in oil
per delivery must be maintained on site for a minimum of
five years after the date of the last entry.
Work Practice Type: PARAMETER OF PROCESS MATERIAL
Process Material: FUEL OIL
Parameter Monitored: SULFUR CONTENT
Upper Permit Limit: .5 percent
Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING
DESCRIPTION
Averaging Method: MAXIMUM - NOT TO BE EXCEEDED AT ANY
TIME (INSTANTANEOUS/DISCRETE OR GRAB)
Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY
Condition 6:
Compliance Demonstration
Effective between the dates of 01/21/2009 and Permit Expiration Date
Applicable Federal Requirement:6 NYCRR 225-1.8 (a)
Item 6.1:
The Compliance Demonstration activity will be performed for the Facility.
Item 6.2:
Compliance Demonstration shall include the following monitoring:
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Permit ID: 4-4215-00010/00007
Facility DEC ID: 4421500010
Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES
Monitoring Description:
The permittee shall retain fuel oil supplier
certifications for each shipment of oil received. Such
certifications shall contain, as a minimum: supplier
name, date of shipment, quantity shipped, heating value of
the oil, oil sulfur content, and the method used to
determine the sulfur content. Such certifications shall
be available for inspection by, or submittal to, NYSDEC
upon request.
Monitoring Frequency: PER DELIVERY
Reporting Requirements: UPON REQUEST BY REGULATORY AGENCY
Condition 7:
Compliance Demonstration
Effective between the dates of 01/21/2009 and Permit Expiration Date
Applicable Federal Requirement:6 NYCRR 227-1.3
Item 7.1:
The Compliance Demonstration activity will be performed for the Facility.
Item 7.2:
Compliance Demonstration shall include the following monitoring:
Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES
Monitoring Description:
Operators of oil-fired boilers which are not exempt from
permitting and where a continuous opacity monitor is not
utilized for measuring smoke emissions, shall be required
to perform the following:
1) Observe the stack for each boiler which is operating on
oil once per day for visible emissions. This
observation(s) must be conducted during daylight hours
except during adverse weather conditions (fog, rain, or
snow).
2) The results of each observation must be recorded in a
bound logbook or other format acceptable to the
Department. The following data must be recorded for each
stack:
- date and time of day
- observer's name
- identity of emission point
- weather condition
- was a plume observed?
Inclement weather conditions shall be recorded for those
days when observations are prohibited. This logbook must
be retained at the facility for five (5) years after the
date of the last entry.
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3) If the operator observes any visible emissions (other
than steam - see below) two consecutive days firing oil
(the firing of other fuels in between days of firing oil
does not count as an interruption in the consecutive days
of firing oil), then a Method 9 analysis (based upon a
6-minute mean) of the affected emission point(s) must be
conducted within two (2) business days of such occurrence.
The results of the Method 9 analysis must be recorded in
the logbook. The operator must contact the Regional Air
Pollution Control Engineer within one (1) business day of
performing the Method 9 analysis if the opacity standard
is contravened. Upon notification, any corrective actions
or future compliance schedules shall be presented to the
Department for acceptance.
** NOTE ** Steam plumes generally form after leaving the
top of the stack (this is known as a detached plume). The
distance between the stack and the beginning of the
detached plume may vary, however, there is (normally) a
distinctive distance between the plume and stack. Steam
plumes are white in color and have a billowy consistency.
Steam plumes dissipate within a short distance of the
stack (the colder the air the longer the steam plume will
last) and leave no dispersion trail downwind of the
stack.
Reference Test Method: Mehtod 9
Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING
DESCRIPTION
Averaging Method: 6-MINUTE AVERAGE (METHOD 9)
Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION
Condition 8:
Compliance Demonstration
Effective between the dates of 01/21/2009 and Permit Expiration Date
Applicable Federal Requirement:6 NYCRR 227-1.3 (a)
Item 8.1:
The Compliance Demonstration activity will be performed for the Facility.
Item 8.2:
Compliance Demonstration shall include the following monitoring:
Monitoring Type: MONITORING OF PROCESS OR CONTROL
DEVICE PARAMETERS AS SURROGATE
Monitoring Description:
No owner or operator of a stationary combustion
installation shall emit greater than 20 percent opacity
except for one six minute period per hour, not to exceed
27 percent, based upon the six minute average on reference
test Method 9 in Appendix A of 40 CFR 60. The Department
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Facility DEC ID: 4421500010
reserves the right to perform or require the performance
of a Method 9 opacity evaluation at any time during
facility operation.
Parameter Monitored: OPACITY
Upper Permit Limit: 20 percent
Reference Test Method: Method 9
Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING
DESCRIPTION
Averaging Method: 6-MINUTE AVERAGE (METHOD 9)
Reporting Requirements: ANNUALLY (CALENDAR)
Reports due 30 days after the reporting period.
The initial report is due 1/30/2010.
Subsequent reports are due every 12 calendar month(s).
Condition 9:
Corrective Action
Effective between the dates of 01/21/2009 and Permit Expiration Date
Applicable Federal Requirement:6 NYCRR 227-1.6
Item 9.1:
(a) Any person found to have violated any provision of this Part shall not cause, permit or allow
operation of the stationary combustion installation involved in the violation unless:
(1) it is equipped with approved emission control equipment;
(2) it is rehabilitated or upgraded in an approved manner; or
(3) the fuel is changed to an acceptable type.
(b) The commissioner may seal such stationary combustion installation so as to prevent any
operation if the conditions of paragraph (a)(1)-(3) above are not met within the time provided by
the order of final determination issued in the case of the violation.
(c) No person shall cause, permit or allow operation of any stationary combustion installation
sealed by the commissioner in accordance with this section.
(d) No person except the commissioner or his representative shall remove, tamper with or
destroy any seal affixed to any stationary combustion installation.
Condition 10:
Compliance Demonstration
Effective between the dates of 01/21/2009 and Permit Expiration Date
Applicable Federal Requirement:6 NYCRR 227-1.7
Item 10.1:
The Compliance Demonstration activity will be performed for the Facility.
Item 10.2:
Compliance Demonstration shall include the following monitoring:
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Permit ID: 4-4215-00010/00007
Facility DEC ID: 4421500010
Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES
Monitoring Description:
(a) Emission data. Any person who owns or operates a
stationary combustion installation described in 6 NYCRR
Part 227-1 shall provide pertinent data concerning
emissions when so requested by the commissioner.
(b) Test methods. Sampling, compositing and analysis of
fuel samples shall be carried out in accordance with the
most recent ASTM standard methods or equivalent methods
acceptable to the commissioner.
Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING
DESCRIPTION
Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION
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Permit ID: 4-4215-00010/00007
Facility DEC ID: 4421500010
STATE ONLY ENFORCEABLE CONDITIONS
**** Facility Level ****
NOTIFICATION OF GENERAL PERMITTEE OBLIGATIONS
This section contains terms and conditions which are not federally enforceable. Permittees
may also have other obligations under regulations of general applicability
Item A:
Public Access to Recordkeeping for Facilities With State
Facility Permits - 6 NYCRR 201-1.10 (a)
Where emission source owners and/or operators keep
records pursuant to compliance with the operational
flexibility requirements of 6 NYCRR Subpart 201-5.4(b)(1)
, and/or the emission capping requirements of 6 NYCRR
Subparts 201-7.2(d), 201-7.3(f), 201-7.3(g),
201-7.3(h)(5), 201-7.3(i) and 201-7.3(j), the Department
will make such records available to the public upon
request in accordance with 6 NYCRR Part 616 - Public
Access to Records. Emission source owners and/or
operators must submit the records required to comply with
the request within sixty working days of written
notification by the Department of receipt of the
request.
Item B:
General Provisions for State Enforceable Permit Terms and
Condition - 6 NYCRR Part 201-5
Any person who owns and/or operates stationary sources
shall operate and maintain all emission units and any
required emission control devices in compliance with all
applicable Parts of this Chapter and existing laws, and
shall operate the facility in accordance with all
criteria, emission limits, terms, conditions, and
standards in this permit. Failure of such person to
properly operate and maintain the effectiveness of such
emission units and emission control devices may be
sufficient reason for the Department to revoke or deny a
permit.
The owner or operator of the permitted facility must
maintain all required records on-site for a period of five
years and make them available to representatives of the
Department upon request. Department representatives must
be granted access to any facility regulated by this
Subpart, during normal operating hours, for the purpose of
determining compliance with this and any other state and
federal air pollution control requirements, regulations or
law.
STATE ONLY APPLICABLE REQUIREMENTS
The following conditions are state only enforceable.
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Condition 11:
Facility DEC ID: 4421500010
Contaminant List
Effective between the dates of 01/21/2009 and Permit Expiration Date
Applicable State Requirement:ECL 19-0301
Item 11.1:
Emissions of the following contaminants are subject to contaminant specific requirements in this
permit(emission limits, control requirements or compliance monitoring conditions).
CAS No: 007446-09-5
Name: SULFUR DIOXIDE
CAS No: 0NY075-00-0
Name: PARTICULATES
Condition 1-3:
Unavoidable noncompliance and violations
Effective between the dates of 02/10/2011 and Permit Expiration Date
Applicable State Requirement:6 NYCRR 201-1.4
Item 1-3.1:
At the discretion of the commissioner a violation of any applicable emission standard for
necessary scheduled equipment maintenance, start-up/shutdown conditions and malfunctions or
upsets may be excused if such violations are unavoidable. The following actions and
recordkeeping and reporting requirements must be adhered to in such circumstances.
(a)
The facility owner and/or operator shall compile and maintain records of all
equipment maintenance or start-up/shutdown activities when they can be expected to result in an
exceedance of any applicable emission standard, and shall submit a report of such activities to
the commissioner's representative when requested to do so in writing or when so required by a
condition of a permit issued for the corresponding air contamination source except where
conditions elsewhere in this permit which contain more stringent reporting and notification
provisions for an applicable requirement, in which case they supercede those stated here. Such
reports shall describe why the violation was unavoidable and shall include the time, frequency
and duration of the maintenance and/or start-up/shutdown activities and the identification of air
contaminants, and the estimated emission rates. If a facility owner and/or operator is subject to
continuous stack monitoring and quarterly reporting requirements, he need not submit reports for
equipment maintenance or start-up/shutdown for the facility to the commissioner's
representative.
(b)
In the event that emissions of air contaminants in excess of any emission standard
in 6 NYCRR Chapter III Subchapter A occur due to a malfunction, the facility owner and/or
operator shall report such malfunction by telephone to the commissioner's representative as soon
as possible during normal working hours, but in any event not later than two working days after
becoming aware that the malfunction occurred. Within 30 days thereafter, when requested in
writing by the commissioner's representative, the facility owner and/or operator shall submit a
written report to the commissioner's representative describing the malfunction, the corrective
action taken, identification of air contaminants, and an estimate of the emission rates. These
reporting requirements are superceded by conditions elsewhere in this permit which contain
reporting and notification provisions for applicable requirements more stringent than those
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Permit ID: 4-4215-00010/00007
Facility DEC ID: 4421500010
above.
(c)
The Department may also require the owner and/or operator to include in reports
described under (a) and (b) above an estimate of the maximum ground level concentration of
each air contaminant emitted and the effect of such emissions depending on the deviation of the
malfunction and the air contaminants emitted.
(d)
In the event of maintenance, start-up/shutdown or malfunction conditions which
result in emissions exceeding any applicable emission standard, the facility owner and/or
operator shall take appropriate action to prevent emissions which will result in contravention of
any applicable ambient air quality standard. Reasonably available control technology, as
determined by the commissioner, shall be applied during any maintenance, start-up/shutdown or
malfunction condition subject to this paragraph.
(e)
In order to have a violation of a federal regulation (such as a new source performance
standard or national emissions standard for hazardous air pollutants) excused, the specific
federal regulation must provide for an affirmative defense during start-up, shutdowns,
malfunctions or upsets.
Condition 13:
Emission Unit Definition
Effective between the dates of 01/21/2009 and Permit Expiration Date
Applicable State Requirement:6 NYCRR Subpart 201-5
Item 13.1(From Mod 1):
The facility is authorized to perform regulated processes under this permit for:
Emission Unit: 1-00000
Building(s): POWERPLANT
Condition 14:
Compliance Demonstration
Effective between the dates of 01/21/2009 and Permit Expiration Date
Applicable State Requirement:6 NYCRR 201-5.3 (b)
Item 14.1:
The Compliance Demonstration activity will be performed for the Facility.
Item 14.2:
Compliance Demonstration shall include the following monitoring:
Monitoring Type: RECORD KEEPING/MAINTENANCE PROCEDURES
Monitoring Description:
Any reports or submissions required in this permit shall
be submitted to the Regional Air Pollution Control
Engineer (RAPCE) at the following address:
Division of Air Resources
NYS Dept of Environmental Conservation
Region 4
1130 N. Westcott Rd
Schenectady, NY 12306
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Permit ID: 4-4215-00010/00007
Facility DEC ID: 4421500010
Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING
DESCRIPTION
Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION
Condition 1-4:
Air pollution prohibited
Effective between the dates of 02/10/2011 and Permit Expiration Date
Applicable State Requirement:6 NYCRR 211.2
Item 1-4.1:
No person shall cause or allow emissions of air contaminants to the outdoor atmosphere of such
quantity, characteristic or duration which are injurious to human, plant or animal life or to
property, or which unreasonably interfere with the comfortable enjoyment of life or property.
Notwithstanding the existence of specific air quality standards or emission limits, this
prohibition applies, but is not limited to, any particulate, fume, gas, mist, odor, smoke, vapor,
pollen, toxic or deleterious emission, either alone or in combination with others.
Condition 1-5:
Compliance Demonstration
Effective between the dates of 02/10/2011 and Permit Expiration Date
Applicable State Requirement:6 NYCRR 227-1.2 (a) (2)
Item 1-5.1:
The Compliance Demonstration activity will be performed for the facility:
The Compliance Demonstration applies to:
Emission Unit: 1-00000
Regulated Contaminant(s):
CAS No: 0NY075-00-0
PARTICULATES
Item 1-5.2:
Compliance Demonstration shall include the following monitoring:
Monitoring Type: INTERMITTENT EMISSION TESTING
Monitoring Description:
Particulate emission limit for a boiler or combination of
boilers (connected to the same emission point) with a
maximum heat input exceeding 50 mmBtu per hour but no
greater than 250 mmBtu per hour firing oil, other than
distillate oil.
Testing will be required at the discretion of the
Department within 180 days after exceeding the maximum
0.5% sulfur limit CAP contained elsewhere in the permit.
Testing shall include submission of an approvable test
protocol at least 30 days before the stack test is
conducted and submission of an approvable test report
within 60 days after the stack test is conducted.
Parameter Monitored: PARTICULATES
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Permit ID: 4-4215-00010/00007
Facility DEC ID: 4421500010
Upper Permit Limit: 0.2 pounds per million Btus
Reference Test Method: 40 CFR 60, Appendix A, RM's 5 & 17
Monitoring Frequency: AS REQUIRED - SEE PERMIT MONITORING
DESCRIPTION
Averaging Method: AVERAGING METHOD - SEE MONITORING
DESCRIPTION
Reporting Requirements: AS REQUIRED - SEE MONITORING DESCRIPTION
**** Emission Unit Level ****
Condition 17:
Emission Point Definition By Emission Unit
Effective between the dates of 01/21/2009 and Permit Expiration Date
Applicable State Requirement:6 NYCRR Subpart 201-5
Item 17.1(From Mod 0):
The following emission points are included in this permit for the cited Emission Unit:
Emission Unit:
1-00000
Emission Point: 00001
Height (ft.): 160
Diameter (in.): 84
Building:
POWERPLANT
Condition 18:
Process Definition By Emission Unit
Effective between the dates of 01/21/2009 and Permit Expiration Date
Applicable State Requirement:6 NYCRR Subpart 201-5
Item 18.1(From Mod 1):
This permit authorizes the following regulated processes for the cited Emission Unit:
Emission Unit: 1-00000
Process: BNG
Process Description: The boilers running on natural gas.
Emission Source/Control: 0BLR1 - Combustion
Design Capacity: 35 million Btu per hour
Emission Source/Control: 0BLR2 - Combustion
Design Capacity: 34 million Btu per hour
Emission Source/Control: 0BLR3 - Combustion
Design Capacity: 35 million Btu per hour
Emission Source/Control: BLR1C - Control
Control Type: LOW NOx BURNER
Emission Source/Control: BLR3C - Control
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Permit ID: 4-4215-00010/00007
Facility DEC ID: 4421500010
Control Type: LOW NOx BURNER
Item 18.2(From Mod 1):
This permit authorizes the following regulated processes for the cited Emission Unit:
Emission Unit: 1-00000
Process: BO2
Process Description:
The boilers running on no. 2 fuel oil / distillate.
Emission Source/Control: 0BLR1 - Combustion
Design Capacity: 35 million Btu per hour
Emission Source/Control: 0BLR2 - Combustion
Design Capacity: 34 million Btu per hour
Emission Source/Control: 0BLR3 - Combustion
Design Capacity: 35 million Btu per hour
Emission Source/Control: BLR1C - Control
Control Type: LOW NOx BURNER
Emission Source/Control: BLR3C - Control
Control Type: LOW NOx BURNER
Item 18.3(From Mod 1):
This permit authorizes the following regulated processes for the cited Emission Unit:
Emission Unit: 1-00000
Process: GO2
Process Description: Emergency Generators running on No. 2 fuel oil.
Emission Source/Control: GEN01 - Combustion
Design Capacity: 1,207 horsepower hours
Emission Source/Control: GEN02 - Combustion
Design Capacity: 382 horsepower hours
Emission Source/Control: GEN03 - Combustion
Design Capacity: 382 horsepower hours
Emission Source/Control: GEN05 - Combustion
Design Capacity: 154 horsepower hours
Emission Source/Control: GEN06 - Combustion
Design Capacity: 201 horsepower hours
Emission Source/Control: GEN07 - Combustion
Design Capacity: 201 horsepower hours
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Permit ID: 4-4215-00010/00007
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