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Conditions for N-2697-1-3 (continued) Page 5 of 6 52. The emissions measurements recorded and reported in accordance with 40 CFR part 75 shall be used to determine compliance by the unit with the Acid Rain emissions limitations and emissions reduction requirements for sulfur dioxide and nitrogen oxides under the Acid Rain Program. [40 CFR 75] Federally Enforceable Through Title V Permit 53. 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 unit's compliance subaccount(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 unit; and(ii)Comply with the applicable Acid Rain emissions limitations for sulfur dioxide. [40 CFR 73] Federally Enforceable Through Title V Permit 54. 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. [40 CFR 77] Federally Enforceable Through Title V Permit 55. Allowances shall be held in, deducted from, or transferred among Allowance Tracking System accounts in accordance with the Acid Rain Program. [40 CFR 72] Federally Enforceable Through Title V Permit 56. An allowance shall not be deducted in order to comply with the requirements under 40 CFR part 73,prior to the calendar year for which the allowance was allocated. [40 CFR 73] Federally Enforceable Through Title V Permit 57. 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 the written exemption under 40 CFR 72.7 and 72.8 and no provision of law shall be construed to limit the authority of the United States to terminate or limit such authorization. [40 CFR 72] Federally Enforceable Through Title V Permit 58. An allowance allocated by the Administrator under the Acid Rain Program does not constitute a property right. [40 CFR 72] Federally Enforceable Through Title V Permit 59. The designated representative of an affected unit that has excess emissions in any calendar year shall submit a proposed offset plan, as required under 40 CFR part 77. [40 CFR 77] Federally Enforceable Through Title V Permit 60. The owners and operators of an affected unit that has excess emissions in any calendar year shall: (i)Pay without demand the penalty required, and pay up on demand the interest on that penalty; and(ii)Comply with the terms of an approved offset plan, as required by 40 CFR part 77. [40 CFR 77] Federally Enforceable Through Title V Permit 61. The owners and operators of the each affected unit at the source shall keep on site the following documents for a period of five years from the date the document is created. This period may be extended for cause, at any time prior to the end of five years, in writing by the Administrator or permitting authority: (i)The certificate of representation for the designated representative for 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 beyond such five-year period until such documents are superceded because of the submission of a new certificate of representation changing the designated representative. [40 CFR 72]Federally Enforceable Through Title V Permit 62. The owners and operators of each affected unit at the source shall keep on site each of the following documents for a period of five years from the date the document is created. This period may be extended for cause, at any time prior to the end of five years, in writing by the Administrator or permitting authority; (ii)All emissions monitoring information,in accordance with 40 CFR part 75; (iii)Copies of all reports,compliance certifications and other submissions and all records made or required under the Acid Rain Program; (iv)Copies of all documents used to complete an Acid Rain permit application and any other submission that demonstrates compliance with the requirements of the Acid Rain Program. [40 CFR 75] Federally Enforceable Through Title V Permit 63. 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 75 Subpart I. [40 CFR 75] Federally Enforceable Through Title V Permit 64. No air contaminant shall be released into the atmosphere which causes a public nuisance. [District Rule 4102] 65. All records shall be maintained and retained on-site for a period of at least 5 years and shall be made available for District inspection upon request. [District Rules 2530 and 4703] Federally Enforceable Through Title V Permit CONDITIONS CONTINUE ON NEXT PAGE N-2807-1.3:Mar 212007 8:0iAM--SCHONHOM