PERMIT by wulinqing

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									NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 2-6301-00191


                                               PERMIT
                     Under the Environmental Conservation Law (ECL)
                               Permittee and Facility Information

Permit Issued To:                                     Facility:
ASTORIA GAS TURBINE POWER LLC                         ASTORIA GAS TURBINE POWER
4401 VICTORY BLVD                                     31-01 20TH AVE
STATEN ISLAND, NY 10314                               ASTORIA, NY 11105
(718) 390-2775

Facility Location: in QUEENS COUNTY
Facility Principal Reference Point: NYTM-E: 592.261             NYTM-N: 4514.666
                                        Latitude: 41°46'40.1" Longitude: 74°54'24.0"
Authorized Activity: The Repowering Project will remove the existing 31 Westinghouse and Pratt &
Whitney simple cycle combustion turbines, and replace them with four combined cycle combustion
turbines. The Repowering Project will be conducted in two phases. In Phase I, the seven existing
Westinghouse combustion turbines will be removed and replaced with two GE Frame 7FA combined
cycle combustion turbines. In Phase II, the existing 24 Pratt & Whitney combustion turbines will be
removed and replaced with two GE Frame 7FA combined cycle combustion turbines. The GE Frame
7FA units are primarily gas fired with limited oil backup. The project will replace the current 600
megawatts (MW) of electrical generation capacity with 1040 MW of electrical generation capacity, with
no significant net air emission increases (most air pollutant emissions will decrease). Therefore, this
project will not be subject to any new source review requirements. However, in accordance with
6NYCRR Parts 621.7(b)(9) and 201-6.4(c), the Administrator of the United States Environmental
Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is
determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR Part
201. The Industrial SPDES modification would authorize discharge of 40-80 gallons per minute of
reverse osmosis discharge water associated with operation of the facility.

The two Phase I GE Frame 7FA units will be placed at the NRG Astoria site on land currently occupied
by the Westinghouse turbines. The two Phase II units will be placed on land now occupied by the Pratt
& Whitney turbines. As a result, no change in the size of the total facility (15 acres) is planned and no
development of currently undeveloped land is planned for this project. Construction activities will
include placement of pilings and clean fill for the combustion turbine buildings and support equipment.
Additional clean fill from offsite will be required to standardize the current elevation of the construction
area for the new units. The facility is located at 31-01 20th Ave., Long Island City (Astoria), Queens
County, New York, within the larger 600+ acre Astoria ConEd Complex).



                                       Permit Authorizations

Title IV (Phase II Acid Rain) - Under Article 19
Permit ID 2-6301-00191/00024
   New Permit        Proposed Effective Date:                 Proposed Expiration Date: No Exp. Date


 Draft Permit                                                                        Page 1 of 5
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 2-6301-00191


                                       NYSDEC Approval

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: WILLIAM R ADRIANCE, Chief Permit Administrator
Address:              NYSDEC HEADQUARTERS
                      625 BROADWAY
                      ALBANY, NY 12233

Authorized Signature:   ______________________________________               Date ___/____/____


                                       Permit Components

TITLE IV (PHASE II ACID RAIN) PERMIT CONDITIONS

GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS

NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS


             TITLE IV (PHASE II 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 II Permit Application for each affected unit.

   b. This permit does not relieve the permittee from compliance with applicable state and federal air
      pollution control rule and regulations.

   c. The permittee is required to have sufficient SO2 allowances in its possession to cover the SO2
      emissions generated from this facility.

   d. The facility must continuously monitor, maintain, and certify monitoring systems for NOx
      emissions, CO2 or O2 emissions, and volumetric flow rate in accordance with the requirements
      of 40CFR part 75. The facility shall monitor for emissions of SO2 in accordance with the
      provisions 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                    U.S. Environmental
                 Protection Agency                     Protection Agency
              Acid Rain Program (6204J)             Acid Rain Program (6204J)
              1200 Pennsylvania Avenue, NW          1310 L Street, NW
              Washington, DC 20460                  Washington, DC 20005
 Draft Permit                                                                    Page 2 of 5
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 2-6301-00191



                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, NY12233

                Regional Air Pollution Control Engineer
                NYSDEC REGION 2 HEADQUARTERS
                47-40 21ST ST
                LONG ISLAND CITY, NY11101 -5407

2. SO2 Allowance Allocations 40CFR 73. Total Phase II SO2 Allowances (1) from Table 2 of 40 CFR
73
Total Phase II SO2 Allowances (1) from Table 2 of 40 CFR 73

Table1:
Unit                     Allowance               Allowance 2010 and     NOx limit (2)
                         2000 - 2009             thereafter             lb/mmBTU
BER 01                   0 (2)                   0 (2)
BER 02                   0 (2)                   0 (2)
BER 03                   0 (2)                   0 (2)
BER 04                   0 (2)                   0 (2)

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)       UnitsBER 01 through 04 do not have allowances in Table 2 of 40 CFR Part 73.



              GENERAL CONDITIONS - Apply to ALL Authorized Permits:


 1. Facility Inspection by The Department ECL 19-0305 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).

 Draft Permit                                                                   Page 3 of 5
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 2-6301-00191

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.

 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:
        [RPA for General Conditions]

 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).

5. Permit Modifications, Suspensions and Revocations by the Department 6 NYCRR 621.13 The
Department reserves the right to modify, suspend or revoke this permit. 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.

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.




 Draft Permit                                                                       Page 4 of 5
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Facility DEC ID 2-6301-00191



              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,
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 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.




 Draft Permit                                                                       Page 5 of 5
                                United States
                                Environmental Protection Agency                                                  OMS No. 2060-0258
                                Acid Rain Program                                                        Approval expires 11/30/2012

  &EPA
                               Acid Rain Permit Application
                                For more information, see instructions and 40 CFR 72.30 and 72.31.


                               This submission is:   IXI new 0   revised   0   for Acid Rain permit renewal


STEP 1

Identify the facility name,
State, and plant (ORIS)
code.
                               I Astoria Gas Turbine Power LLrr
                                 Facility (Source) Name      Jl
                                                                                     New York
                                                                                   State
                                                                                                                    55243
                                                                                                               Plant Code




STEP 2
                                                        a                                                      b

Enter the unit ID#
                                                     Unit 10#                                    Unit Will Hold Allowances
for every affected                                                                         in Accordance with 40 CFR72.9(c)(1)
unit at the affected
source in column "a."                                                                                         Yes
                                      BEROI
                                      BER02                                                                   Yes

                                      BER03                                                                   Yes

                                      BER04                                                                   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
                              Astoria Gas Turbine Power LLC
                              Facilitv (Source) Name (from STEP 1)



                        Permit Requirements

STEP 3                  (1) The designated representative of each affected source and each affected
                        unit at the source shall:
Read the standard           (i) Submit a complete Acid Rain permit application (including a compliance
requirements.              plan) under 40 CFR part 72 in accordance with the deadlines specified in
                           40 CFR 72.30; and
                            (ii) Submit in a timely manner any supplemental information that the
                           permitting authority determines is necessary in 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                    .
                          (ii) Comply with the applicable Acid Rain emissions limitations for sulfur
                          dioxide.
                       (2) Each ton of sulfur dioxide emitted in excess of the Acid Rain emissions
                       limitations for sulfur dioxide shall constitute a separate violation of the Act.
                       (3) An affected unit shall be subject to the requirements under paragraph (1)
                       of the sulfur dioxide requirements as follows:
                          (i) Starting January 1, 2000, an affected unit under 40 CFR 72.6(a)(2); or
                          (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
                              Astoria Gas Turbine Power LLC
                              Facility (Source) Name (from STEP 1)



                        Sulfur Dioxide Requirements, Cont'd.


STEP 3, Cont'd.         (4) Allowances shall be held in, deducted from, or transferred among
                        Allowance Tracking System accounts in accordance with the Acid Rain
                        Program.
                        (5) An allowance shall not be deducted in order to comply with the
                        requirements under paragraph (1) of the sulfur dioxide requirements prior to
                        the calendar year for which the allowance was allocated.
                        (6) An allowance allocated by the Administrator under the Acid Rain Program
                        is a limited authorization to emit sulfur dioxide in accordance with the Acid
                        Rain Program. No provision of the Acid Rain Program, the Acid Rain permit
                        application, the Acid Rain permit, or an exemption under40 CFR 72.7 or 72.8
                        and no provision of law shall be construed to limit the authority of the United
                        States to terminate or limit such authorization.
                        (7) An allowance allocated by the Administrator under the Acid Rain Program
                        does not constitute a property right.


                        Nitrogen Oxides Requirements

                       The owners and operators of the source and each affected unit at the source
                       shall comply with the applicable Acid Rain emissions limitation for nitrogen
                       oxides.


                       Excess Emissions Requirements

                       (1) The designated representative of an affected source that has excess
                       emissions in any calendar year shall submit a proposed offset plan, as
                       required under 40 CFR part 77.
                       (2) The owners and operators of an affected source that has excess
                       emissions in. any calendar year shall:
                          (i) Pay without demand the penalty required, and pay upon demand the
                          interest on that penalty, as required by 40 CFR part 77; and
                          (ii) Comply with the terms of an approved offset plan, as required by 40
                          CFR part 77.


                       Recordkeeping and Reporting Requirements

                       (1) Unless otherwise provided, the owners and operators of the source and
                       each affected unit at the source shall keep on site at the source each of the
                       following documents for a period of 5 years from the date the document is
                       created. This period may be extended for cause, at any time prior to the end
                       of 5 years, in writing by the Administrator or permitting
                       authority:
                           (i) The certificate of representation for the designated representative for the
                           source and each affected unit at the source and all documents that
                           demonstrate the truth of the statements in the certificate of representation,
                           in accordance with 40 CFR 72.24; provided that the certificate and
                           documents shall be retained on site at the source beyond such 5-year
                           period until such documents are superseded because of the submission of
                           a new certificate of representation changing the designated representative;
EPA Form 7610-16 (Revised 12-2009)
                                                                                               Acid Rain - Page 4
                              Astoria Gas Turbine Power LLC
                              Facility (Source) Name (from STEP 1)



                        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 record keeping, 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
                              Astoria Gas Turbine Power LLC
                              Facility (Source) Name (from STEP 1)



                        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 sou rce or affected un its for which the submission is
STEP4                   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         Orlando

                                                                               Date   '1- -r- ,}20/ ()




EPA Form 7610-16 (Revised 12-2009)

								
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