Sec. 250.23. Special limitation—New York State Office of Mental Health: Kings Park Psychiatric Center, Smithtown, Suffolk County

It is ordered, pursuant to section 225.2(c) of this Title, that a special limitation for units 1, 2, 3 and 4 at the Kings Park Psychiatric Center (KPPC) steam generating facility is granted, to the extent that the New York State Office of Mental Health (NYSOMH) of Albany, New York is authorized to purchase and use coal with a sulfur content of up to 2.2 pounds per million BTU of gross heat content in each such unit, and that said coal may be sold to NYSOMH for use in each such unit. The limitation is conditioned on the following:

(a) that NYSOMH provide and operate or cause to be provided and operated a department-approved continuous monitoring network;

(b) that the special limitation shall take effect on approval of the terms thereof by the United States Environmental Protection Agency (EPA);

(c) that, as approved by EPA, the special limitation shall continue in effect for a period of three years from the day of such approval.

(d) that the department expressly reserves the right to modify or revoke the special limitation on reasonable notice if the department determines such action is necessary to protect the public interest, including but not limited to a determination that the special limitation fails adequately to protect the public health and welfare from sulfates, a determination that operation of the KPPC facility at such higher sulfur content coal as authorized herein contributes to the contravention of any applicable ambient air quality standard, or a determination that such operation would significantly degrade air quality;

(e) that the department reserves the right to audit and require modification of the continuous ambient monitoring network at any time, provided adequate time is allowed for any modification required;

(f) the NYSOMH shall submit quarterly reports which summarize sulfur dioxide concentrations as measured by the ambient monitoring network for averaging times corresponding to Federal and State ambient air quality standards and wind observations, obtained by instrumentation within the network; the format and submission schedule of such reports shall be in accordance with department specifications;

(g) the NYSOMH shall submit two copies of all reports, required by this order, to the following individuals:

(1) the department's region 1 air pollution control engineer;

(2) department's Division of Air, chief, power plant review section;

(h) that NYSOMH shall revise the reporting format and reporting dates upon notification by the department;

(i) that NYSOMH will maintain a reserve supply of coal of up to 0.6 pound sulfur per million BTU of gross heat content for use as directed by the department during emergency periods;

(j) that the special limitation granted in this section shall not relieve NYSOMH from operating the subject facility in such manner as to conform to the terms and conditions of the Certificate to Operate issued therefor, nor shall the special limitation issued in this section otherwise relieve NYSOHM from any responsibilities for compliance with any applicable laws, regulations or requirements;

(k) that the NYSOHM Certificate to Operate specify that no more than three of the four units can be operated simultaneously at any given time.