STATE OF FLORIDA __ 09 DEPARTMENT OF ENVIRONMENTAL PROTECTION IN RE: FLORIDA POWER AND LIGHT COMPANY WEST COUNTY ENERGY CENTER UNIT 3 POWER PLANT SITING APPLICATION NO. PA 05-47SA1 OGC CASE NO. : DOAH CASE NO. 07-5574EPP ed FINAL ORDER This matter is before me as Secretary of the Department of Environmental Protection (‘DEP” or “Department” for the purpose of entering a Final Order under Sections 403.508(6), 403.509(1)(a), and 403.509(3), Florida Statutes. BACKGROUND On October 9, 2008, the Administrative Law Judge (“ALJ”) assigned by the Division of Administrative Hearings ("DOAH”) issued an order canceling hearing, closing file, and relinquishing jurisdiction. The order granted the parties’ request to cancel the certification hearing and relinquish jurisdiction in accordance with Section 403.508(6), Florida Statutes. The order was issued pursuant to a Joint Stipulation and Motion of the Parties to Cancel Certification Hearing and to Relinquish Jurisdiction (“Joint Stipulation’). The Joint Stipulation stated that no disputed issues of fact or law remain to be raised at the site certification hearing. The Joint Stipulation stated that the parties’ requested cancelation of the site certification hearing originally scheduled to begin on October 27, 2008, and did not object to entry of a Final Order by the Department. Therefore, under Section 403.509(1)(a), Florida Statutes, the Department is required to prepare and enter a Final Order. PARTIES The following are the parties to this site certification proceeding, under Section 403.508(4)(a), Florida Statutes: Florida Power & Light (“FPL”), DEP, Palm Beach County (‘the County”), the Department of Community Affairs (“DCA”), the Treasure Coast Regional Planning Council (‘TCRPC’), the Department of Transportation (“DOT”), the Fish and Wildlife Conservation Commission (“FWC’), and the South Florida Water Management District (‘SFWMD”). Those parties have been granted party status by statute or have timely filed a Notice of intent to be a Party under Section 403.508(3)(b), Florida Statutes. No other agency filed a Notice of Intent to be a Party before the 90" day prior to the scheduled certification hearing. Further, no third party has intervened in this proceeding as of September 29, 2008, which under Section 403.508(2)(e), Florida Statutes, was the latest date on which intervention could be granted. STATEMENT OF THE ISSUE The issue to be decided in this proceeding is whether DEP, acting in lieu of the Siting Board, should approve certification in accordance with the Florida Electrical Power Plant Siting Act (“PPSA”), Sections 403.501, et seq., Florida Statutes, authorizing FPL to construct and operate a new Unit 3 at FPL’s West County Energy Center (“WWCEC’) in Palm Beach County, Florida, subject to the proposed Conditions of Certification set forth in the DEP Project Analysis Report (“PAR”) dated September 15, 2008 (“Project”). PRELIMINARY STATEMENT On December 6, 2007, FPL filed its application for site certification for the WCEC Unit 3 Project. On January 8, 2008, Palm Beach County issued its land use and zoning ' determination for the Project, under Section 403.50665(2), Florida Statutes. The County determined that the Project site was consistent and in compliance with the adopted land use plans and zoning ordinances of Palm Beach County. No party challenged the County’s land use determination following public notice. On January 15, 2008, the Department filed a determination of incompleteness for the Project application. On January 30, 2008, FPL submitted its responses to the determination of - completeness issued by DEP. On March 7, 2008, DEP determined the application to be complete. Under Section 403.519, Florida Statutes, the PSC issued its determination of need for the Project on September 12, 2008. On September 15, 2008, DEP issued its Project Analysis Report (“PAR”), under Section 403.507, Florida Statutes. The PAR incorporates by reference reports from the following agencies: DEP, SFWMD, DCA, PSC, FWC, TCRPC, DOT, and Palm Beach County. The PAR also contains a compiled set of proposed Conditions of Certification for the Project. A site certification hearing was scheduled to be held in Palm Beach County, beginning on October 27, 2008. As required by Section 403.5115(1)(e) and (4)(f), Florida Statutes, notice of that hearing was timely published by FPL in the Palm Beach Post in Palm Beach County and by DEP in the Florida Administrative Weekly. No party to this proceeding is objecting to, or recommending denial of, final certification for the Project, subject to the proposed Conditions of Certification.’ 1. In the Joint Stipulation, the SFWMD stipulated only to those findings of fact and conclusions of law which its agency staff had reviewed and could legally provide comment. TCRPC also only stipulated to certain conclusions of law. The SFWMD and TCRPC took no position on, but did not dispute the remaining paragraphs. 3 FINDINGS OF FACT’ The Applicant and the Project 1. FPL is the principal subsidiary of FPL Group, Inc. FPL is the largest electric utility in Florida, serving more than 8.6 million people or approximately 4.4 million customer accounts in all or parts of 35 Florida counties. FPL operates 14 electrical power plants that are distributed geographically around this service territory. These power plants consist of nuclear steam units, coal units, combined cycle units, fossil steam units, combustion turbines, and diesel units. 2. FPL proposes to construct and operate a new natural gas-fired combined cycle generating unit providing 1,250 megawatts (MW) (nominal) of electric generation (“Unit 3” or “Project”) at the WCEC, which is located in unincorporated Palm Beach County. 3. In December 2006, the Governor and Cabinet, sitting as the Siting Board, approved construction and operation of WCEC Units 1 and 2 and an “ultimate site capacity” of 3,300 MW. See In re: FPL WCEC Power Plant Siting Applic’n No. PA 05- 47, 29 F.A.L.R. 2596 (Siting Bd. Dec. 2006). WCEC Units 1 and 2 are currently under construction and are scheduled to come into service in 2009 and 2010, respectively. 4. WCEC Unit 3 will use the same “3-on-1” combined cycle design as WCEC Units 1 and 2. The new unit will consist of three new combustion turbines (CTs), with associated heat recovery steam generators (HRSGs), and one new steam turbine/electric generator (ST). The CTs are similar to but larger and more efficient than 2. The parties stipulated or did not object to the factual findings. These factual findings are supported by reference to the Site Certification Application (SCA), FPL’s Responses to Completeness Comments (Completeness Responses), and the DEP’s Project Analysis Report (PAR) dated September 15, 2008 and attachments thereto. 4 f | | i i ; traditional jet engines. The CTs produce electrical energy by direct connection to an electric generator. The exhaust heat from the CTs will be routed through the HRSG, which act as boilers to produce steam for the new turbine generator, which produces additional electricity. The HRSGs will have duct burners to optimize the new unit’s generating capacity. Duct firing will be limited to an equivalent of 2,880 hours per CT per year at the maximum firing rate. Each CT will also utilize inlet air cooling which removes heat from the inlet air and allows additional power to be produced more efficiently. An 8° Fahrenheit (“F”) decrease in the inlet temperature would resuit in a three percent increase in power output for each CT. 5. The CTs will use natural gas as the primary fuel with ultra low-sulfur distillate “light oil” as a backup fuel. The HRSG duct burners will fire natural gas only. FPL plans to supply WCEC Unit 3 through existing capacity arrangements with the Gulfstream Natural Gas System's (“Gulfstream”) pipeline that now serves FPL’s Martin and Manatee plants. Ultra low-sulfur oil for Unit 3 will be trucked to the site and stored in the tanks being constructed for Units 1 and 2. 6. Location of the new unit at the WCEC site and use of combined cycle technology will maximize the beneficial use of the WCEC site while minimizing environmental impacts, land use, and cost impacts. Unit 3 will benefit from the infrastructure currently being constructed for Units 1 and 2, since all units will utilize common facilities wherever possible. These include the access roads, L10/L12 Canal inlet structure and on-site intake structure, gas yard, Upper Floridan Aquifer (“UFA”) well system, water treatment facilities, underground injection control (“UIC”) system, ultra low-sulfur oil storage tanks, administration, control and warehouse building. 7. WCEC Unit 3 will be connected to the existing transmission network through a connection to an FPL electrical switchyard on the south side of Unit 3. Existing transmission lines will be connected to the new switchyard to export the energy from Unit 3. No new offsite transmission lines are required to connect Unit 3 to FPL’s existing transmission network. Land Use 8. Existing land uses adjacent to the WCEC site include mining, agricultural, and undeveloped land. FPL’s Corbett Substation is located northwest of and adjacent to the WCEC site. FPL’s existing 500 kilovolts (“kV”) transmission line corridor is located on the western boundary of the site. The closest residence is located approximately 0.7 miles to the northeast of the site. Ongoing mining activities conducted by Palm Beach Aggregates, Inc. (“PBA”), are north and east of the site. PBA has entered into an agreement with the SFWMD to construct water storage ponds near the site after mining is completed by PBA. These ponds will extend from the eastern boundary of the WCEC site eastward to the L-8 Canal. The Loxahatchee National Wildlife Refuge (“LNWR’) is located approximately 0.3 miles south of the site. 9. During the initial site certification proceeding for the WCEC Units 1 and 2, the Siting Board entered a final order in 2005 determining the 220-acre WCEC Site and Project to be in compliance with the land use plans and zoning ordinances of unincorporated Palm Beach County, under Section 403.508(2), Florida Statutes, (2005). FPL subsequently proposed to increase the onsite generating capacity at the WCEC Site from the previously identified capacity of 3,300 MW to 3,800 MW due to the greater generating capacity of the planned combined cycle unit using the previously-approved | | fuels, but without increasing the total number of planned units on the Site (i.e., three combined cycle units), and without enlarging the Site's boundaries. The Palm Beach County Board of County Commissioners approved, on November 29, 2007, an amendment to the previous county-issued amended Development Order for the WCEC site to allow for an increase in the total capacity of the onsite generating units from 3,300 MW to 3,800 MW. The Board's decision reflects its determination that the WCEC site remains consistent with the County's adopted comprehensive plan and in compliance with the County's zoning regulations, among other matters. 10. The WCEC Project is consistent with the State Comprehensive Plan. See In re: FPL WCECG Power Plant Siting Applic’n No. PA 05-47, 29 F.A.L.R. 2596 (Siting Bd. Dec. 2006). 11. The Florida Master Site File (‘FMSF”) lists no previously recorded cultural resources within the WCEC site boundaries. The FMSF does list five previously recorded archaeological or historical sites within 5 miles of the project area. No sites of historic or archaeological significance will be impacted due to operation of WCEC Unit 3. No sites listed, or eligible for listing, in the National Register of Historic Places are located in close proximity to the Site. No direct or indirect impacts on historic places are anticipated from any operational aspect of the WCEC Unit 3. The entire WCEC site has received clearance from the Florida Department of State, Division of Historical Resources. | Construction 12. Construction of WCEC Unit 3 is expected to commence by May 2009, and be completed by June 2011. 13. Construction traffic for Unit 3, as for Units 1 and 2, will use State Road 80 to access the existing PBA Road and the Corbett Substation Access Road. PBA Road is an asphalt-paved road and Corbett Access Road is a gravel road. Separate onsite asphalt driveways connect the site to these access roads. . 14. Construction of the Project will not adversely impact adjacent surface water flood elevations or flows. There will be no adverse flooding or related impacts to offsite property. . 15. No explosives for blasting will be used for construction of the Project. 16. Site preparation will be minimal due to the existing character and structural stability of the backfilled material at the site. 17. Fugitive dust generation from traffic and/or excavations during construction will be minimized through use of control measures. The Site surface consists of compacted coarse sand and shell that is difficult for wind to pick up, thereby reducing air emissions due to wind. After grading, the untraveled or lightly traveled . areas will be either paved or vegetated to minimize fugitive particulate matter (“PM”) and wind erosion. Heavily traveled unpaved construction laydown areas and unpaved roads may be stabilized with rock. Watering on an as-needed basis will control fugitive dust from highly traveled areas. The entrance roads have been paved to minimize dust emissions from vehicles entering the site. 18. Dewatering for the construction of WCEC Unit 3 is not anticipated except for deep structures. Dewatering could be required for excavations below 15 ft-msl for circulating water pipes due to local water elevations. Such dewatering will be localized and last for less than 1 year. Based on the location and limited duration of dewatering, no offsite impacts are anticipated. There will be no impacts to the underlying deeper aquifers because dewatering activities will be limited to a very small, shallow area. 19. Water needed during construction will be obtained from: Palm Beach County; the surficial aquifer, pursuant to the limited allocations authorized under the existing Certification for Units 1 and 2; and or Palm Beach Aggregate ponds. 20. During construction, the work force will use portable chemical toilets. A licensed contractor will remove sanitary wastes for disposal in an approved disposal facility. Separate PSD Air Construction Permitting 21. | WCEC Unit 3 is a “major stationary source” subject to DEP’s Prevention of Significant Deterioration (“PSD”) preconstruction permitting program which is implemented separately from the PPSA site certification process. See § 403.508(8), Fla. Stat. (2008). On July 30, 2008, DEP issued a final PSD permit for WCEC Unit 3. As discussed below, DEP determined through the PSD permitting process that the Project's emissions will not cause or contribute to any violations of ambient air quality standards or PSD increments. In addition, DEP established best available control technology (“BACT”) requirements as described more fully below and in the technical evaluation and BACT determination associated with the PSD permit. The following factual findings are presented to enable the Secretary of DEP to apply the statutory criteria in Section 403.509, Florida Statutes. Inclusion of such findings shall not be construed to reopen the separately issued PSD permit or any issues addressed in that separate permitting process. Air Emission Controls 22. The use of clean natural gas, combustion controls, and air pollution control equipment will minimize air emissions and ensure compliance with applicable emission- limiting standards. Using clean fuels will minimize emissions of sulfur dioxide (“SOz), particulate matter (“PM/PM1o°) and other fuel-bound contaminants. Combustion controls will minimize the formation of nitrogen oxides (“NO,) and the formation of carbon monoxide (“CO”) and volatile organic compounds (“VOCs”) by combustor design. FPL will further minimize NO, emission by installing and operating selective catalytic reduction (“SCR’). 23. State and federal PSD regulations require that the WCEC Unit 3 Project meet all applicable emission limiting standards and that BACT be determined in order to limit emissions. BACT is defined in Chapter 62-210.200(39), Florida Administrative Code as: An emission limitation, including a visible emissions standard, based on the maximum degree of reduction of each pollutant emitted which the Department [of Environmental Protection], on a case by case basis, taking into account: 1. Energy, environmental and economic impacts, and other costs; 2. All scientific, engineering, and technical material and other information available to the Department; and 3. The emission limiting standards or BACT determinations of Florida and any other state; determines is achievable through application of production processes and available methods, systems and techniques (including fuel cleaning or treatment or innovative 10 fuel combustion techniques) for control of each such pollutant. The BACT requirements are intended to insure that the air emission control systems for the proposed unit reflect the latest in contro! technologies used in the electric utility industry and take into consideration existing and future air quality in the vicinity of the Project. BACT review includes a cost-benefit analysis of alternative control technologies capable of achieving a higher degree of emission reduction than the proposed technology. DEP's determination of what constitutes BACT for the WCEC Unit 3 Project is based on a balancing of environmental benefits with environmental, energy, and economic impacts and other costs. 24. Inits review of FPL’s application for a PSD permit for the Project, DEP determined that the emission limits proposed for WCEC Unit 3 represent BACT. The proposed emission limits included in the proposed Conditions of Certification attached to the PAR incorporate the emission limits established as BACT by DEP in the now final PSD Permit. 25. Ambient air quality standards (“AAQS’”) have been established by the U.S. Environmental Protection Agency (“EPA”) and DEP to protect public health and welfare. Air quality in Palm Beach County and adjacent counties, such as Martin and Broward Counties, currently meet or exceed these standards and they are classified as “attainment” areas for all federal and State AAQS. 26. The EPA and DEP also have established PSD increments to prevent air quality degradation in attainment areas. PSD Class II increments apply except in designated Class | areas, which are subject to more restrictive increments. The Class | increments are designed to protect the sensitive resources of national parks and national wilderness areas. 27. In its review for the PSD permit for the Project, the DEP determined that air quality modeling demonstrated that WCEC Unit 3 will comply with all federal and State ambient air quality standards, as well as PSD Class | and Il increments. The air quality modeling conducted for the Project followed EPA and DEP modeling guidelines. Two air quality models were utilized to assess air quality impacts in the area surrounding the WCEC Unit 3 Project site, including assessing the potential impacts in the nearest PSD Class | area, which is the Everglades National Park (“ENP”) located approximately 102 km south of the WCEC site. Local and regional meteorological data from the National Weather Service was used in the modeling. The modeling incorporated maximum air emissions from the WCEC Unit 3 Project at various operating modes, fuels, loads, and ambient air temperatures, which may affect the emission rates from the WCEC Project. Although the application is for WCEC Unit 3, DEP requested and FPL provided a “cumulative” ambient air quality impact analysis for all three units at the site. 28. EPA has established "Significant Impact Levels” for the various pollutants that are subject to PSD review, and the Department has adopted these Significant Impact Levels in Fla. Admin. Code R. 62-204.200(29). The comparison of a Project's potential air quality impacts with the Significant Impact Levels represents an initial screening analysis to determine which pollutants require a more detailed modeling analysis. 12 29. The modeling results submitted by FPL demonstrate that impacts of the emissions from WCEC Unit 3 will be below the PSD Class II Significant Impact Levels for all applicable air pollutants, with the exception of the maximum impacts for SO2 and PM with an aerodynamic diameter of 10 microns (“PM1o’) for the 24-hour averaging time. For this averaging time, comparison of the maximum Project impacts and other increment consuming sources in the region compared to the PSD Class I! increments was performed. This cumulative or "multi-source” modeling demonstrates that the impacts of the Project, along with all other sources in the region would comply with the AAQS and the PSD increments. 30. The modeling results also demonstrate that the impacts of WCEC Unit 3 on air quality in the ENP comply with the more restrictive PSD Class | increments. Predicted maximum Project impacts for SO2, NOx and PMi are below the Significant Impact Levels in ENP. 31. Analysis of the Project’s potential impacts on Air Quality Related Values (‘AQRVs’) in the ENP was also performed as part of the PSD review. AQRVs are established by the federal land manager for each Class | area, taking into account potential impacts on soil, vegetation, wildlife, air deposition and visibility. The analysis performed as part of the PSD permit review showed that the Project’s impacts on ENP meet all of the federal land manager’s AQRV criteria for protection of the sensitive resources in ENP. Nitrogen and sulfur deposition rates for the Project are less than the significant impact levels determined by the National Park Service, and are well within the buffering capacities of the soils in the ENP, and are much less than the observed deposition rates in the area. 13 32. The Project's potential air quality impacts in the vicinity of the site and on the LNWR were evaluated based upon the soils, vegetation and wildlife found in the LNWR. The analyses demonstrated that the Project's emissions would not have any adverse impact on the sensitive resources in the LNWR. Carbon Dioxide Emissions 33. In light of the heightened concerns over global warming and Florida’s recent commitment to The Climate Registry, DEP’s PAR considered carbon dioxide (“CO”) emissions from WCEC. Annual CO2 emissions for WCEC Unit 3 are expected to be about 3.9 million tons annually. However, the addition of Unit 3 to the FPL fleet will cause a commensurate decrease in output of less efficient generating units as the new Unit 3 displaces their output. As a result, on a system-wide basis, there will be a net decrease in CO2 emissions. FPL projects a system-wide total CO2 emissions reduction during the first 5 years of operation of WCEC Unit 3 of approximately 1.7 million tons per year. Water Use & Supply 34. Primary water uses for the Project will be for condenser cooling, CT inlet air cooling, NO, injection water, steam cycle makeup, and service water. Condenser cooling for the steam cycle portion of the Project will be accomplished using a mechanical draft cooling tower. 35. Reclaimed water supplied by Palm Beach County will be the primary water source for Unit 3, as long as the reclaimed water meets the quantity and quality requirements necessary to operate WCEC Unit 3 within regulatory approvals. Reclaimed water will be used for cooling system makeup, and may be used for process 14 and service water (including fire protection), and landscape irrigation. Reclaimed water used by WCEC Unit 3 will meet all of the relevant requirements of Chapter 62-610, Florida Administrative Code, including but not limited to, the requirements for cooling water applications found in Section 62-610.668, Florida Administrative Code. 36. Storm water runoff that collects in onsite retention ponds may be recycled by pumping the water to the cooling towers, thus eliminating runoff to surface waters and minimizing water demands on other sources. 37. If reclaimed water cannot meet the quality or quantity requirements for Unit 3 operations, backup water sources for Unit 3 cooling, process, and service water will be supplied by: the UFA, as set forth in the Certification for Units 1 and 2 and not to exceed the existing allocations authorized therein; the L10/12 canals within the limiting conditions set forth in section XXXII of the SFWMD's Agency Report; and or potable water supplied by Palm Beach County. Potable water for WCEC employees will be supplied by the WCEC potable water system. This system was authorized by the Site Certification for WCEC Units 1 and 2. Wastewater 38. Unit 3 will be designed to avoid direct discharge to surface waters in the same manner as Units 1 and 2. Non-contact storm water runoff in the power block area will be routed to the onsite storm water retention ponds. Non-contact storm water outside the power block will also be collected and routed to a storm water pond, designed to meet federal, state, regional, and local requirements. All non-hazardous industrial wastewaters will be treated as appropriate and discharged to the boulder zone of the lower Floridan aquifer (injection zone) through an already permitted UIC well 15 7 | i system. Applicable provisions of the existing UIC permit and any updates or modifications to the permit are incorporated into DEP’s proposed Conditions of Certification. Stormwater Management 39. Storm water will be handled for Unit 3 in the same manner as Units 1 and 2. Non-contact storm water runoff from the Site will be drained into the storm water retention ponds. Contact storm water runoff from the power block and equipment areas will be treated and also routed to the storm water retention pond. No point-source discharge of storm water runoff will be required. Storm water runoff that is collected in the retention pond will be released by a combination of percolation, evaporation, and diversion for use as cooling tower makeup. Wetlands 40. The proposed Project will have no impacts to aquatic or wetland systems. Solid and Hazardous Wastes 41. — Solid wastes will be generated by the Project but generally in small quantities. Solid wastes will be limited to municipal solid waste and infrequent replacement of inlet air filters. Solids from water pre-treatment process will also be generated. An approved solid waste disposal contractor will dispose of all solid wastes. 42. Potential hazardous wastes associated with the Project combined with WCEC Units 1 and 2 will be less than 100 kg/month and may include spent solvents, HRSG chemical cleaning wastes and other wastes. Any wastes, if hazardous, will be collected onsite and disposed of by a licensed hazardous waste contractor. Hazardous waste will be managed according to applicable rules and regulations. 16 Traffic 43. During construction of Unit 3, traffic control will be, as for Units 1 and 2, implemented as necessary at the intersection of PBA road and SR 80 during the morning arrivals and afternoon departures of peak construction traffic to maintain an adequate level-of-service pursuant to Fla. Admin. Code R. 14-94. Traffic control will be handled by a traffic management specialist(s) (e.g., local off-duty police officers) hired for the peak construction period. This impact is considered to be temporary and will occur during the portion of the construction period when construction employment is at its peak. 44. Impacts to area roadways resulting from operation of WCEC Unit 3 will be minimal since the employment increase for WCEC Unit 3 is very small, with no more than about 5 employees working during any shift for WCEC Unit 3 compared to about 20 for WCEC Units 1 and 2. In addition to employee traffic, fuel oil and ammonia deliveries and maintenance activities will also generate additional trips. A worst-case scenario of operational traffic for WCEC Unit 3 indicates that up to 40 trips per peak hour could be expected. These impacts were evaluated for year 2011 buildout, which represents the first year of commercial operation for Unit 3. The total traffic volume on SR 80 was analyzed to determine the anticipated operating conditions for the two roadway segments and the intersection of SR 80 and PBA Road. The results of the analysis determined that these roadway segments will continue to operate at or above DOT's level of service (‘LOS’) standard. No improvements are required to accommodate the traffic impacts from traffic resulting from the operation of WCEC Unit 3. 17 Noise Impacts 45. Noise levels of Unit 3 construction and operation were modeled, along with baseline noise levels. The maximum noise levels at the nearest residence are predicted to be below the limits established in Palm Beach County’s Land Development Code. Economic Impacts 46. The Project is expected to benefit the economies of Palm Beach County and surrounding areas. Direct benefits include employment opportunities created by the construction and operation of the Project. Construction of WCEC Unit 3 is anticipated to begin in 2009 and conclude in 2011. The peak construction workforce is estimated to be about 1,000 people with an average construction workforce estimated at 350 employees over a 2-year period. Construction employment during the period November 2009, through October 2010, will average about 475 workers and management staff. Employment opportunities will result from construction job opportunities as well as jobs indirectly generated through the purchase of goods and services in the area. Additionally, an addition of approximately 10 to 15 full-time equivalent jobs will be created in the local economy for the operation of WCEC Unit 3. 47. On September 12, 2008, the PSC issued its final order determining the need for the WCEC Unit 3 and proposed conversions of FPL’s Riviera and Cape Canaveral Plants. See Order No. PSC-08-0591-FOF-El. The PSC found: that there is a need for the WCEC Unit 3 project (and the separately proposed conversions of the FPL Riviera plant and the Cape Canaveral plant), taking into account the need for electric 18 system reliability and integrity, as this criterion is used in Section 403.519, Florida Statutes: that there is a need for the construction of the WCEC Unit 3 plant and the conversions, taking into account the need for adequate electricity at a reasonable cost, as this criterion is used in Section 403.519, Florida Statutes; that there is a need for the WCEC Unit 3 plant, taking into account the need for fuel diversity and supply reliability, as this criterion is used in Section 403.519, Florida Statutes; and that the addition of WCEC Unit 3 is the most cost-effective optimization of FPL’s required capacity additions. Id. The PSC also found that there are no additional renewable energy sources and technologies or cost-effective conservation measures available that might mitigate FPL’s need for the proposed WCEC Unit 3 in 2011 (and the planned conversions of the Cape Canaveral and Riviera plants) as this criterion is used in Section 403.519(4), Florida Statutes; and that the addition of WCEC Unit 3 in 2011 will improve FPL's overall fuel efficiency by approximately 1.4 percent, resulting in a reduction of total oil and gas consumption by approximately 29 million MMBtu through 2017 compared to FPL’s base case. Id. DEP’s Project Analysis Report and Proposed Conditions of Certification 48. In its PAR DEP recommended approval of the WCEC Unit 3 Project provided that FPL complies with the proposed Conditions of Certification, including but not limited to, Special Conditions XXXVI.A and XXXVI.B, all of which are incorporated therein and attached as Appendix | to the Report. FPL agrees to the proposed Conditions of Certification included in Appendix | to the PAR, including the following “Special Conditions” which, as noted, are consistent with the intent of the Governor’s 19 Executive Order 07-127 regarding reductions in Greenhouse Gas Emissions, as well as the recommendations of the TCRPC: XXXVI. SPECIAL CONDITIONS A. Consistent with the intent of Executive Order 07- 127 and the recommendations of the Treasure Coast Regional Planning Council, and in recognition of the commitments made by the licensee in the WCEC Unit 3 Site Certification Application regarding renewable generation projects in Florida, the licensee shall (subject to timely receipt of necessary permits, approvals and acceptable cost recovery): 1. Develop, design, construct and operate a wind generation project with a capacity of up to 20 megawatts (MW) at or near the FPL St. Lucie power plant site (or other approved sites in Florida) by December 31, 2010. 2. Develop, design, construct and operate solar generating facilities with a capacity of up to 300 MW in Florida by December 31, 2013 which would include a successful demonstration of the Martin plant solar project. B. Upon issuance of an affirmative determination of need by the Public Service Commission for the Riviera Plant modernization project, the licensee shall (subject to timely receipt of necessary permits, approvals and acceptable cost recovery): Take all prudent and commercially reasonable actions to convert the Riviera Power plant to natural-gas combined cycle generating technology by December 31, 2015. DEP shall revise the Table of Contents for the Conditions of Certification to include references to Special Conditions XXXVI.A and XXXVI.B. CONCLUSIONS OF LAW | 1. All parties identified above have standing to participate in this proceeding. 20 2. The Department has jurisdiction of the parties and of the subject matter of this proceeding. This proceeding was conducted in accordance with the Florida Electrical Power Plant Siting Act, part Il of chapter 403, Florida Statutes. 3. The ALJ has the authority under Section 403.508(6)(a), Florida Statutes, to cancel the scheduled site certification hearing upon stipulation by all parties to the proceeding that there are “no disputed issues of fact or law to be raised at the certification hearing.” 4. Upon the ALJ’s order canceling the hearing and relinquishing jurisdiction, the Department has the authority to issue a final order in accordance with Section 403.509(1)(a), Florida Statutes. 5. In accordance with Section 403.5115, Florida Statutes, and Chapter 62- 17, Florida Administrative Code, proper notice has been provided to all persons, entities and parties entitled to such notice, as well as notice being provided to the general public. Each of these notices stated that the ALJ had the discretion to grant intervention “any time prior to 30 days before the commencement of the certification hearing.” See § 403.508(3)(e), Fla. Stat. (2008). However, no third party intervened by the 30-day deadline for such intervention. Section 403.508(3)(e), Florida Statutes, provides that the ALJ has no discretion to allow intervention within 30 days of the certification hearing. See also In re: Florida Power & Light Co. WCEC Power Plant Siting Application No. PA 05-47, 29 F.A.L.R. 2596 (Fla. Siting Bd. 2006). 6. All necessary and required governmental agencies participated in the certification process. Reports and studies were issued by DEP, DCA, SFWMD, FWC, TCRPC, DOT, and Palm Beach County. 21 7. The PSC has determined the need for the electric power to be supplied by the WCEC Unit 3 Project as required by Section 403.519, Florida Statutes. The PSC is the sole forum for the determination of the need for the WCEC Unit 3 Project under Section 403.519, Florida Statutes. 8. Upon consideration of the criteria set forth Section 403.509(3) Florida Statutes, and balancing the various factors set forth therein, based upon the information provided by FPL in the site certification application and completeness responses, and the information provided by DEP in its PAR and subject to the proposed Conditions of Certification (including but not limited to Special Conditions XXXVI.A. and XXXVI.B.) the Project appears to be eligible for and shall be issued a final certification order. 9. As long as the proposed Conditions of Certification contained in DEP’s PAR are implemented and complied with, FPL has provided reasonable assurance that operational safeguards for the WCEC Unit 3 Project are technically sufficient for the public welfare arid protection. See § 403.509(3)(a), Fla. Stat. (2008). 10. As long as the proposed Conditions of Certification, including but not limited to Special Conditions XXXVI.A and XXXVI.B, are implemented and complied with, WCEC Unit 3 will comply with applicable nonprocedural requirements of agencies, as required by Section 403.509(3)(b), Florida Statutes. DEP’s analysis concludes that the Project is not reasonably projected to cause or contribute to a violation of ambient air quality standards or water quality standards. No variances are proposed from any nonprocedural requirements of agencies for the Project. 11. | Palm Beach County has determined that the Project will be consistent with its local government comprehensive plans and land development regulations, in 22 accordance with Section 403.509(3)(c), Florida Statutes, subject to the proposed Conditions of Certification. 12. Certification of the Project in accordance with the proposed Conditions of Certification, including but not limited to Special Conditions XXXVI.A and XXXVI.B, effects a reasonable balance between the need for the facility, as determined by the PSC, and the minimal impacts on air and water quality, fish and wildlife, water resources and other natural resources of the State that would result from the construction and operation of the Project. See § 403.509(3)(e), Fla. Stat. (2008). The Project is projected to result in a net decrease in COz emissions on an FPL- system- wide basis. 13. | Through the use of an already developed 220-acre site, the Project will minimize the adverse effects on human health, the environment and the ecology of land and its wildlife and the ecology of state waters and their aquatic life, in accordance with Section 403.509(3)(f), Florida Statutes. Compliance with DEP’s non-procedural standards at the WCEC plant will minimize and avoid adverse effects on human health as well as upon the environment. 14. Based upon the foregoing considerations that the Project will meet all of the other criteria for certification under the PPSA, it is concluded that the WCEC Unit 3 Project will serve and protect the broad interests of the public, as long as the Project is implemented in compliance with the proposed Conditions of Certification, including but not limited to Special Conditions XXXVI.A and XXXVI.B. 23 CONCLUSION Having reviewed the matters of record and being otherwise duly advised, the Department concludes that, if constructed and operated in accordance with the evidence presented in the record and the attached Conditions of Certification, including but not limited to Special Conditions XXXVI.A and XXXVILB,° the Project will serve and protect the broad interest of the public and should be approved. It is therefore ORDERED that: A. Site certification of FPL’s WCEC Unit 3 Project, as described in the Site Certification Application and the record as a whole, is hereby APPROVED. B. The Project is subject to and FPL shall comply with the Conditions of Certification, which are attached as Exhibit A and are incorporated by reference herein. Any party to this proceeding has the right to seek judicial review of the Final Order pursuant to Section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal 3 In accordance with the joint stipulation of the parties, the Department revised the proposed Conditions of Certification, and the final Conditions of Certification are attached to this Final Order as ExhibitA. 24 accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this Final Order is filed with the clerk of the Department. DONE AND ORDERED this AS day of November, 2008, in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION tt by fb MICHAEL W. SOLE Secretary Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 FILED ON THIS DATE PURSUANT TO § 120.52, FLORIDA STATUTES, WITH THE DESIGNATED DEPARTMENT CLERK, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED. 25 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing Final Order has been sent by United States Postal Service to: James V. Antista, General Counsel FL Fish & Wildlife Commission Bryant Building, Room 108 620 S. Meridian Street Tallahassee, FL 32399-1600 Peter C. Cunningham, Esq. _ Hopping, Green & Sams, P.A. P.O. Box 6526 Tallahassee, FL 32314 Kelly A. Martinson, Esq. Dept. of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Samantha M. Cibula, Esq. Public Service Commission 2450 Shumard Oak Blvd. Tallahassee, FL 32399-0850 Robert P. Banks, Esq. Palm Beach County Attorney’s Office 301 N. Olive Ave., Suite 601 West Palm Beach, FL 33401 Leon M. Biegalski, Esq. Dept. of Transportation 605 Suwannee Street, MS 58 Tallahassee, FL 32399 Paul Darst Dept. of Community Affairs 2450 Shumard Oak Blvd. Tallahassee, FL 32399-1600 Larry Hymowitz Dept. of Transportation 6400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 26 Michael Buscha Treasure Coast Regional Planning Council 301 E. Ocean Blvd., Suite 300 Stuart, FL 34994 Forrest Watson Dept. of Agriculture & Consumer Services Division of Forestry 3125 Conner Blvd. Tallahassee, FL 32399-1650 Patricia Anderson Dept. of Heaith Environmental Engineering 4042 Bald Cypress Way Tallahassee, FL 32399-1742 Laura Kammerer Bureau of Historic Preservation R.A. Gray Building 500 S. Bronough Tallahassee, FL 32399 Ruth A. Holmes, Esq. SFWMD P.O. Box 24680 West Palm Beach, FL 33406 Alexis M. Yarbrough, General Counsel Department of Transportation Haydon Burns Building 605 Suwannee Street, MS 58 Tallahassee, FL 32399-0450 Claudia Llado, Clerk and Bram D. E. Canter, Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 and by hand delivery to: Toni Sturtevant, Esquire Department of Environmental Protection 3900 Commonwealth Blvd., M.S. 35 Tallahassee, FL 32399-3000 Michael Halpin Department of Environmental Protection Siting Coordination Office 2600 Blairstone Road, Mail Station 48 Tallahassee, Florida 32399-2400 Ne this Guay of November, 2008. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FRANCINE M. FFOLKES Administrative Law Counsel 3900 Commonwealth Blvd., M.S. 35 Tallahassee, FL 32399-3000 Telephone 850/245-2242 27 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Conditions of Certification Florida Power & Light Company West County Energy Center Unit 3 Combined Cycle Project PA 05-47SA1 November __, 2008 Florida Department of Environmental Protection FPL West County Energy Center Conditions of Certification PAQ5-47SA1 1 EXHIBIT “A” CONDITIONS OF CERTIFICATION FLORIDA POWER & LIGHT COMPANY — WEST COUNTY ENERGY CENTER PA 05-47SA1 DOAH Case No. 07-5574EPP OGC Case No. 07-2198 Modified 11/_/08 Table of Contents I. CERTIFICATION CONTROL ..ccssssossssessscsssssssssssssssssesssusssssnssesnssnsssssasenssssssusee 1 I. APPLICABLE RULES .....cecsscccscccscscscsssscsssssssessssssssesessssssesescssseessssesessesssesssessssesnens 1 HL, DEFINITIONS ......ccccssssssssssssssssssssssssssssssesessssssesssssssusssiessessssessessssssnssssesenansssenses 1 IV. FACILITY OPERATION. .csssesssesesssscssccscsccsssssssessssessesessensesescesseseeseseessessenerenesnsensens 2 V. RECORDS MAINTAINED AT THE FACILITY ....cssccssssscssssssssssssssssssssssssseseeseeneceee 2 VI. | CHANGE IN DISCHARGES OR EMISSIONS .........csscssscsssssssssssssssssssssesessessesee 3 VIL. COMPLIANCE u.csssssssesccscsssscscsssscccscsssssssssessscsereeseseesssssseacesssasassasssssssssusseevesseseeesees 3 VII RIGHT OF ENTRY vccccccsssssssssssssssscssssssssssesssssescseecssssssensesssssssssssssssssssssssssueseeseses 4 IX. ENFORCEMENT .uu..csccssssssssssssssssssssccsscecrcssssssssssusussetsessesseeesessenenensensersenensnnnansens 4 X. REVOCATION OR SUSPENSION.....csscsssssscceccsssessessesessesesssssesssssssssssessssseussssesseee 5 XI. CIVIL AND CRIMINAL LIABILITY. 5 XI. PROPERTY RIGHTS oi.ccssscccccsssssssssssssssssessscesescsssessessesserssssssnuenvansvenseesesesseesseeee 5 XII]. SEVERABILITY ..ccssssssssssscsssssssssssssssssssssseesseceesssssssssssesssssassanuuunesassssnsuesssssesssssessee 5 XIV. PROCEDURAL RIGHTS ....sccccsccsscsssssssssssesesessessseersssesesessesessssssasessssssssssussssseeeeees 5 XV. MODIFICATION OF CONDITIONS OF CERTIFICATION .o.c.scssscsssssssssssesseeeseeeeee 6 XVI. TRANSFER OF CERTIFICATION i” XVID. SAFETY ..ccccsssssssssssssssessssssssssssssssssssssnssessseseseesssssesssssssssssssssusussessnunsunenssesesecaseesesee XVII. SCREENING .....ccssscsssssssssssssssssssssscssssssssssesessscesssseeseseeeeasesesssssssasssssssssssasssusssesssie 7 . ENDANGERED AND THREATENED SPECIES ...........csccscsssssessssessssesesssenensennens 8 . DISPUTE RESOLUTION ........ccceececseeeeeeseeeeeterseeeeessesnssssscaeensesseseeeeneeeeeemenanesen 8 A. Post-certification SUDMItAIS .o...cccceccccccecescescesssenssecascsssenecsesscensscessevsnscassnseees 9 B. INtCraQeENCY MCCINGS: .....:cescccescccsscssccecccssnecseseneceesecenacecaeessneeeceneesaetenseteneeaes 9 C. Additional Procedures for Post-Certification Submittals (Unit 3 only) .......... 9 XXVIL CONSTRUCTION .......cecssscsesssscesrssssectssesensecensecenaeserseeesseaseesesseneensessseseneeseeesentes 10 A. Standards and Review Of PIANS......csccccscssssssceecsssreceeeeseecerteseateneraneateenees 10 B. Control M@@SUreS ......e cesses 10 C. Environmental Control Program . 17 D. REDOING ese ceeseseseenceeecnsecssenesesesecceseaesaeeaeenecseseeeateneeseate deteeecesesnesaeseaseeasease 11 0 ee 12 XXIX. INDUSTRIAL AND DOMESTIC WASTEWATER ............:c2:ceccsssersereesneseeeeeeenensee 13 XXX. POTABLE WATER .......ssesscscsseseesesseceseessseeceecensseeseasaucsaesaesneaeoeeaeeaseeesseaeeesesanevenaee 14 XXXI. SOLID AND HAZARDOUS WASTE A. Administrative .. 1. General ......ececeeceeccceeeeseseeceesteeneeeeeeeees 2. Processing of Informational Requests . we B. Water Use Conditions........cccccsccsscecsssessseessessens 117 1. GeMErl «0. .eseeeseeereceeessseereeeseeees AT 2. Site Specific Design Authorizations .. 19 3. Special Conditions ...........ecceeee 26 C. Everglades Works of the DiStriCt.......:ccccccssercsssececeescreteeeeseceeectterseneceevenaes 29 XXXIIL TRANSPORTATION ........csscssccssstsceseeseessseeseeseescesaeesesstseneasseseeeaeseenesasseeaneneoeseee 29 I. CERTIFICATION CONTROL A. Under the control of these Conditions of Certification FPL may construct and operate a 3,800 MW (nominal) facility consisting of three new units. Each unit will consist of three 250 MW natural gas fired combustion turbines with evaporative inlet cooling systems and with ultra low sulfur light oil as back-up fuel, three supplementary- fired heat recovery steam generators, three 428 MMBTU/hour gas-fired duct burners, three selective catalytic reduction reactors, one 500 MW steam turbine, three 149 feet exhaust stacks, and one 26 cell mechanical draft cooling tower. The new units will be located on approximately 170 acres of the approximately 220 acres West County Energy Center site in Palm Beach County, Florida. B. These Conditions of Certification, unless specifically amended or modified, are binding upon the Licensee and shall apply to the construction and operation of the certified facility. If a conflict should occur between the design criteria of this project and the Conditions of Certification, the Conditions shall prevail unless amended or modified. In the event of conflict between any of these Conditions of Certification, the more specific condition governs. In the event of equal specificity of conflicting Conditions, the more restrictive condition governs. I. APPLICABLE RULES The construction and operation of the certified facility shall be in accordance with all applicable provisions of Florida Statutes and Florida Administrative Code, including, but not limited to, the following regulations: Chapters 403 and 373, Florida Statutes (F.S.), and Chapters 40E-1, 40E-4, 40E-40, 40E-45, 62-4, 62-17, 62-256, 62-296, 62-297, 62- 301, 62-302, 62-531, 62-532, 62-550, 62-555, 62-560, 62-600, 62-601, 62-604, 62-610, 62-620, 62-621, 62-650, 62-699, 62-660, 62-701, 62-762, 62-767, 62-769, and 62-770, Florida Administrative Code (F.A.C.), or their successors as they are renumbered. Il, _ DEFINITIONS The meaning of terms used herein shall be governed by the definitions contained in Chapters 373 and 403, Florida Statutes, and any regulation adopted pursuant thereto. In the event of any dispute over the meaning of a term used in these conditions which is not defined in such statutes or regulations, such dispute shall be resolved by reference to the most relevant definitions contained in any other state or federal statute or regulation or, in the alternative by the use of the commonly accepted meaning as determined by the Department. In addition, the following shall apply: A. "DCA" shall mean the Florida Department of Community Affairs. B "DEP" or "Department" shall mean the Florida Department of Environmental Protection. Cc. "DHR" shall mean the Florida Department of State, Division of Historical Resources. D "Feasible" or "practicable" shall mean reasonably achievable considering a balance of land use impacts, environmental impacts, engineering constraints, and costs. E. "FWCC" shall mean the Florida Fish and Wildlife Conservation Commission. F. “IWW Permit” shall mean the Florida Industrial Wastewater permit issued by the Department in accordance with the federal Clean Water Act. G. "Licensee" shall mean an applicant that has obtained a certification order for the subject electrical power plant. H. “NPDES permit” shall mean any federal National Pollutant Discharge Elimination System permit issued in accordance with the federal Clean Water Act. 1. “NSPS” shail mean new source performance standards as identified in 40 CFR 60. J. “Power plant", "facility", or "project" shall mean an electrical power generating plant as defined in Section 403.503(12), F.S. and as described in the Site Certification Application. “PSD permit” shall mean the federal Prevention of Significant Deterioration air emissions permit issued in accordance with the federal Clean Air Act. “Title Ill permit” shall mean any federal permit issued in accordance with Title Ill of the federal Clean Air Act (Hazardous Air pollutants). “Title IV permit” shall mean any federal permit issued in accordance with Title IV of the federal Clean Air Act (Acid Rain). ; “Title V permit” shall mean any federal permit issued in accordance with Title V of the federal Clean Air Act (Operation). “SED” shall mean the Department's Southeast District Office. “SFWMD?” shall mean the South Florida Water Management District. “UIC permit’ shall mean any federal underground injection control permit issued in accordance with the federal Clean Water Act. ero z2 2Fr z IV.___ FACILITY OPERATION The Licensee shall at all times properly operate and maintain the West County Energy Center facility and related appurtenances, and systems of treatment and control that are installed and used to achieve compliance with these Conditions of Certification. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with these Conditions of Certification. Any directly associated linear facilities connecting the collector yard to the switchyard shall be maintained in accordance with the site certification application and any appropriate state and federal regulations concerning use of herbicides. The Licensee shall notify the Southeast District of the Department and the Siting Coordination Office of the type of herbicides to be used at least 60 days prior to their first use. V. RECORDS MAINTAINED AT THE FACILITY A. These Conditions of Certification or a copy thereof shall be kept at the work site of the approved activity. B. The Licensee shall hold at the facility, or other location designated by this approval, records of all monitoring information, including all calibration and maintenance 2 records and ail original strip chart recordings or electronic data storage media, for continuous monitoring instrumentation required by this approval, copies of all reports required by this approval, and records of all data used to complete the application for this approval. These materials shall be retained at least three (3) years from the date of the sample, measurement, report, or application unless otherwise specified by Department rule. The Licensee shall provide copies of these records to the Department upon request. If the Licensee becomes aware of relevant facts that were not submitted or were incorrect in any report to the Department, such facts or information shall be promptly submitted or corrected. Vi. __ CHANGE IN DISCHARGES OR EMISSIONS All discharges or emissions authorized herein shall be consistent with the terms and conditions of these Conditions of Certification. The discharge or emission of any pollutant not identified in the application, or discharged or emitted more frequently than, or at a level in excess of that authorized by these Conditions of Certification, shall constitute a violation of the Certification. Any anticipated facility expansions, production increases, or process modifications which may result in new, different or increased discharge or emission of any pollutant, a change in fuel, or an expansion in steam generating capacity must be reported by submission of an appropriate application for site certification or modification of these Conditions of Certification. Vil, COMPLIANCE A. The Licensee shall comply with all rules adopted by the Department subsequent to the issuance of this certification, which prescribe new or stricter criteria to the extent that the rules are applicable to electric power plants. Except where express variances have been granted, subsequently adopted rules that prescribe new or stricter criteria, which are applicable to electrical power plants, shall operate as a modification pursuant to Section 403.511(5)(a), F.S. B. Pursuant to Section 403.51 1(5)(b), F.S., upon written notification to the Department's Siting Coordination Office, the Licensee may choose to operate in compliance with any rule subsequently adopted by the Department which prescribes criteria more lenient than the criteria required by the terms and conditions in this certification, so long as this operation causes no violation of standards or these Conditions of Certification. Cc. If, for any reason, the Licensee does not comply with or is unable to comply with any limitation specified in these Conditions of Certification, the Licensee shall notify the Southeast District Office of the Department by telephone during the working day that said noncompliance occurs. After normal business hours, the Licensee shall report any condition that poses a public health threat to the State Warning Point at telephone number (850) 413-9911 or (850) 413-9912. The Licensee shall confirm this situation to the Southeast DEP District Office in writing within seventy-two (72) hours of becoming aware of such conditions and shall supply the following information: 3 1. A description of the discharge and cause of noncompliance; and, 2. The period of noncompliance, including exact dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and, 3. Steps being taken to reduce, eliminate and prevent recurrence of the non-complying event. D. The Licensee shall take all reasonable steps to minimize any adverse impact resulting from noncompliance with any limitation specified in this certification, including such accelerated or additional monitoring as necessary to determine the nature and impact of the non-complying event. Vill. RIGHT OF ENTRY The Licensee shall allow authorized agency personnel, including but not limited to representatives of the Florida Department of Environmental Protection, and/or Water Management District, when applicable, upon presentation of credentials or other documents as may be required by law, and at reasonable times, depending upon the nature of the concern being investigated: A. To enter upon the Licensee's premises where an effluent source is located or in which records are required to be kept under the terms and conditions of this Certification; and ; B. To have access to and to copy any records required to be kept under these Conditions of Certification; and Cc. To inspect the facilities, equipment, practices, or operations regulated or required under these Conditions of Certification; and D. To sample or monitor any substances or parameters at any location necessary to assure compliance with these Conditions of Certification. IX. ENFORCEMENT A. The terms, conditions, requirements, limitations and restrictions set forth in these Conditions of Certification are binding and enforceable pursuant to Sections 403.141, 403.161, 403.514, 403.727, and 403.859 through 403.861, F.S. Any noncompliance with these Conditions of Certification or any condition of a federally delegated or approved permit constitutes a violation of chapter 403, F.S., and is grounds for enforcement action. The Department may initiate enforcement action for any violation of these Conditions of Certification. B. All records, notes, monitoring data and other information relating to the construction or operation of this certified source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the 4 certified source arising under the Florida Statutes or Agency rules, except where such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules. X. REVOCATION OR SUSPENSION This certification may be suspended or revoked pursuant to Section 403.512, Florida Statutes, or for violations of any of these Conditions of Certification. Xl.__ CIVIL AND CRIMINAL LIABILITY This certification does not relieve the Licensee from civil or criminal penalties for noncompliance with any conditions of this certification, applicable rules or regulations of the Agencies, or any other state statutes or regulations which may apply. As provided in Section 403.511, F.S., the issuance of this Certification does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to human health or welfare, public or private property or any invasion of personal rights. This certification does not allow any infringement of federal, state, or local laws or regulations, nor does it allow the Licensee to cause pollution in contravention of Florida Statutes and Department rules or injury to animal or plant life, unless specifically authorized by an order from the Department or. these Conditions of Certification. This Certification is not a waiver of any other Department approval that may be required for other aspects of the total project under federally delegated or approved programs. Xll._ PROPERTY RIGHTS The issuance of this Certification does not convey any property rights in either real or personal property, or any exclusive privileges thereto. The applicant shall obtain title, lease, easement, or right of use from the State of Florida to any sovereign submerged lands utilized by the project. Xill,_ SEVERABILITY The provisions of this Certification are severable, and if any provision of this Certification, or the application of any provision of this Certification to any circumstances, is held invalid, the application of such provision to other circumstances and the remainder of the Certification shall not be affected thereby. XIV. PROCEDURAL RIGHTS No term or condition of certification shall be interpreted to preclude the post-certification exercise by the Licensee of whatever procedural rights it may have under Chapter 120, F.S. XV.__ MODIFICATION OF CONDITIONS OF CERTIFICATION The conditions of this certification may be modified in the following manner: : A. Pursuant to Subsection 403.516(1), Florida Statutes, the Siting Board hereby delegates to the Secretary of the Department of Environmental Protection the authority to modify, after notice and opportunity for hearing, any conditions herein which would not otherwise require approval from the Siting Board. B. This certification shall be automatically modified to conform to any subsequent amendments, modifications, or renewals made by the Department under a federally delegated or approved program to any separately issued Prevention of Significant Deterioration (PSD) permit, Title V air permit, or National Pollutant Discharge Elimination System (NPDES) permit for the certified facility. The Permittee shall send each party to the original certification proceedings (at the party's last known address as shown in the record of such proceeding) notice of requests for modifications or renewals of the above listed permits if the request involves a new or modified relief mechanism (e.g., mixing zone, variance, etc.) from standards, a relaxation of conditions included in the permit due to state permitting requirements, or the inclusion of less restrictive air emission limitations in the air permits. Cc. All other modifications to these conditions shall be made in accordance with Section 403.516, Florida Statutes. Dz. The Secretary of the Department may modify any condition of these Conditions of Certification if the Secretary finds that an immediate danger to the public health, safety, or welfare requires the issuance of an immediate final order temporarily modifying these Conditions of Certification. If the Secretary elects to exercise this delegated authority, the Secretary shall prepare an immediate final order that recites with particularity the facts underlying the Secretary's finding of an immediate danger to the public health, safety, or welfare. The immediate final order and the modification to the Conditions of Certification shall be effective only for so long as is necessary to address the immediate danger and shall be applicable or enjoinable from the date rendered. E. In the event of a prolonged [thirty (30) days or more] equipment malfunction or shutdown of pollution control equipment, the Secretary of the Department may allow facility operation to resume and continue to take place under an immediate final order temporarily modifying these Conditions of Certification, provided that the Licensee demonstrates that such operation will be in compliance with all applicable ambient air quality standards and PSD increments, water quality standards and rules, solid waste rules, domestic wastewater rules and industrial wastewater rules. During such malfunction or shutdown, the operation of the facility shall comply with all other requirements of these Conditions of Certification and all applicable state and federal emission and effluent standards not affected by the malfunction or shutdown. XVI.__ TRANSFER OF CERTIFICATION | This Certification is transferable only upon Department approval in accordance with Section 403.516, F.S., and Rule 62-17.211(3), F.A.C. The Licensee shall be liable for . 6 any noncompliance of the approved activity until the transfer is approved by the Department. . XVII. SAFETY The overall design, layout, and operation of the facilities shall be such as to minimize hazards to humans and the environment. Security control measures shall be utilized to prevent exposure of the public to hazardous conditions. The Federal Occupational Safety and Health Standards shall be complied with during construction and operation. XVill, SCREENING The Licensee shall provide screening of the site to the extent feasible through the use of acceptable structures, vegetated earthen walls, or existing or planted vegetation. XIX. TOXIC, DELETERIOUS OR HAZARDOUS MATERIALS A. The Licensee shall not discharge to surface waters wastes which are acutely toxic, or present in concentrations which are carcinogenic, mutagenic, or teratogenic to human beings or to significant locally occurring wildlife or aquatic species. The Licensee shail not discharge to ground waters wastes in concentrations which, alone or in combination with other substances, or components of discharges (whether thermal or non-thermal) are carcinogenic, mutagenic, teratogenic, or toxic to human beings or are acutely toxic to indigenous species of significance to the aquatic community within surface waters affected by the ground water at the point of contact with surface waters. Specific criteria are established for such components in Section 62- 520.420, F.A.C. B. The Licensee shall report all spills of materials having potential to significantly pollute surface or ground waters and which are not confined to a building or similar containment structure, by telephone immediately after discovery of such spill. The Licensee shall submit a written report within forty-eight hours, excluding weekends, from the original notification. The telephone report shall be submitted by calling the DEP Southeast District Office Industrial Wastewater Compliance/Enforcement Section. After normal business hours, the Licensee shall contact the State Warning Point by calling (850) 413-9911 or (850) 413-9912. The written report shall include, but not be limited to, a detailed description of how the spill occurred, the name and chemical makeup (include any Material Safety Data Sheets) of the substance, the amount spilled, the time and date of the spill, the name and title of the person who first reported the spill, the size and extent of the spill and surface types (impervious, ground, water bodies, etc.) it impacted, the cleanup procedures used and status of completion, and include a map or aerial photograph showing the extent and paths of the material flow. XX. NOISE — Construction and operation noise shall not exceed noise criteria or any applicable requirements of Palm Beach County. The Licensee shall notify area residents in 7 advance of the onset and anticipated duration of the steam blowout of the facility's heat recovery steam generator and steam lines. XXI._FLOOD CONTROL PROTECTION The plant and associated facilities shall be protected from flood damage by construction in such a manner as to comply with the appropriate Palm Beach County flood protection requirements or by flood proofing or by raising the elevation of the facilities above the 100-year flood level, whichever is more stringent. XXil._ HISTORICAL OR ARCHAEOLOGICAL FINDS If historical or archaeological artifacts are discovered at any time within the project site, the Licensee shall notify the DEP Southeast District office and the Bureau of Historic Preservation, Division of Historical Resources, R.A. Gray Building, Tallahassee, Florida 32399-0250, telephone number (850) 487-2073. XXII, ENDANGERED AND THREATENED SPECIES Prior to start of construction, the Licensee shall survey the certified site for species of animal and plant life listed as endangered or threatened by the federal government or listed as endangered by the state. If these species are found, their presence shall be reported to the Siting Coordination Office, the SED, and the Florida Fish & Wildlife Conservation Commission's Office of Environmental Services. These species shall not be disturbed, if practicable. If avoidance is not practicable, the endangered species shall be treated as recommended by the appropriate agency. Entombment of gopher tortoises shall not be allowed. XXIV. DISPUTE RESOLUTION If a dispute situation arises between the Licensee and an Agency exercising its regulatory jurisdiction, the Department will act as mediator to resolve it. If, after mediation, a mutual agreement cannot be reached between the parties, then the matter will be immediately referred to the Division of Administrative Hearings (DOAH) for disposition in accordance with the provisions of Chapter 120, F.S. XXV._LABORATORIES AND QUALITY ASSURANCE A. The Licensee shall ensure that all laboratory analytical data submitted to the Department, as required by this certification, are from a laboratory which is approved by the Department and meets the requirements of Chapter 62-160, F.A.C. B. The Licensee shall ensure that ail samples required pursuant to this Certification are taken by an appropriately trained technician following EPA and Department approved sampling procedures and chain-of-custody requirements in accordance with Rule 62-160, F.A.C. Records of monitoring information shall follow the guidelines in Rule 62-160.600, F.A.C. All chain-of-custody records shall be retained on- site for at least three (3) years and made available to the Department immediately upon request. 8 XXVI. POST-CERTIFICATION SUBMITTALS A. Post-certification Submittals shall be handled pursuant to Rule 62-17.191, F.A.C. B. Interagency Meetings: Within sixty (60) days of the filing of a complete post-certification submittal, DEP may conduct an interagency meeting with other agencies that received copies of the submittal. The purpose of such an interagency meeting shall be for the agencies with regulatory jurisdiction over the matters addressed in the post-certification submittal to discuss whether reasonable assurance of compliance with the conditions of certification has been provided. Failure of any agency to attend an interagency meeting shall not be grounds for DEP to withhold a determination of compliance with these Conditions of Certification nor to delay the time frames for review established by these Conditions of Certification. C. Additional Procedures for Post-Certification Submittals (Unit 3 only) 1. The licensee shall provide within 90 days after certification a complete summary of those submittals identified in the Conditions of Certification where due-dates for information required of the licensee are identified. Such submittals shall include, but are not limited to, monitoring reports, management plans, wildlife surveys, etc. The summary shall be provided to the Siting Coordination Office and any affected agency or agency subunit to whom the submittal is required to be provided, in a sortable spreadsheet, via CD and hard copy, in the format identified below or equivalent. (62-17.191, F.A.C.) Name of Agency or agency subunit to whom the submittal is required to be provided Condition Number Requirement and timeframe Due Date a 2. Purpose of Submittals: Conditions of Certification which provide for the post-certification submittal of information to DEP or other agencies by the licensee are for the purpose of facilitating monitoring by the Department of the effects arising from the certified facilities. This monitoring is for DEP to assure, in consultation with other agencies with applicable regulatory jurisdiction, continued compliance with the conditions of certification, without any further agency action. 3. Filings: All post-certification submittals of information by the licensee or copies of applications for separate federal permits which are to be issued by State agencies are to be filed with DEP Siting Office. Copies of each submittal shall also be simultaneously copied to any other agency indicated in the specific conditions requiring the post-certification submittals. 4. Completeness: The DEP shall promptly review each post- certification submittal for completeness. This review shall include consultation with the other agencies receiving the post-certification submittal. For the purposes of this condition, completeness shall mean that the information 9 submitted is both complete and sufficient. If the submittal is found to be incomplete, the licensee shall be so notified. Failure to issue such a notice within forty-five (45) days after filing of the submittal shall constitute a finding of completeness. (62-17.191, F.A.C.) XXVII. CONSTRUCTION A. Standards and Review of Plans 1. All construction at the facility shall be pursuant to the design standards presented in the application or amended application:and the standards or plans and drawings submitted and signed by an engineer registered in the state of Florida. Specific DEP Southeast District Office acceptance of plans will be required based upon a determination of consistency with approved design concepts, regulations, and these conditions prior to initiation of construction of any: industrial waste treatment facility; domestic waste treatment facility; potable water treatment and supply system; ground water monitoring system, storm water runoff system; solid waste disposal area; and hazardous or toxic handling facility or area. The Licensee shall present specific plans for these facilities for review by the DEP Southeast District Office at least ninety (90) days prior to construction of those portions of the facility for which the plans are then being submitted, unless other time limits are specified in the following conditions herein. Review and approval or disapproval shall be accomplished in accordance with Chapter 120, F.S., or these Conditions of Certification as applicable. 2. The Department must be notified in writing and prior written approval obtained for any material change or revision to be made to the project during construction that is in conflict with these Conditions of Certification. If there is any material change or revision made to a project approved by the Department without this prior written approval, the project will be considered to have been constructed without Departmental approval, the construction will not be cleared for service, and the construction will be considered a violation of these Conditions of Certification. 3. Ninety (90) days prior to the anticipated date of first operation, the Licensee shall provide the Department with an itemized list of any changes made to the facility design and operation plans that would affect a change in discharge, as referenced in Condition Vi, subsequent to the time of issuance of this Certification. This preoperational review of the final design and operation shall demonstrate continued compliance with Department rules and standards. B. Control Measures 1. To control runoff which may reach and thereby pollute waters of the state, necessary measures shall be utilized to settle, filter, treat or absorb silt containing or pollutant laden storm water to ensure against spillage or discharge 10 of excavated material that may cause turbidity in excess of 29 Nephelometric Turbidity Units (NTU) above background in waters of the state or significant degradation of Outstanding Florida Waters in violation of Rule 62-4.242, F.A.C. Control measures may consist of sediment traps, barriers, berms, and vegetation plantings. Exposed or disturbed soil shall be protected and stabilized as soon as possible to minimize silt and sediment-laden runoff. The pH of the runoff shall be . kept within the range of 6.0 to 8.5. The Licensee shall comply with the applicable nonprocedural requirements in Rules 40B-4, 40C-42, 40D-4 and/or 40E-4, F.A.C. 2. Any open burning in connection with initial land clearing shall be in accordance with Chapter 62-256, F.A.C., Chapter 5!-2, F.A.C., Uniform Fire Code Section 33.101, Addendum, and any other applicable county regulation. Any burning of construction-generated material, after initial land clearing that is allowed to be burned in accordance with Chapter 62-256, F.A.C., shall be approved by the DEP Southeast District office in conjunction with the Division of Forestry and any other county regulations that may apply. Burning shall not occur if not approved by the appropriate agency or if the Department or the Division of Forestry has issued a ban on burning due to fire safety conditions or due to air pollution conditions. 3. Disposal of sanitary wastes from construction toilet facilities shall be in accordance with applicable regulations of the appropriate local health agency. 4. Solid wastes resulting from construction shall be disposed of in accordance with the applicable regulations of Chapter 62-701, F.A.C. 5. The Licensee shall employ proper odor and dust control techniques to minimize odor and fugitive dust emissions. The applicant shall employ control techniques sufficient to prevent nuisance conditions which interfere with enjoyment of residents of adjoining property. 6. The Licensee shall develop the site so as to retain the buffer of natural vegetation as described in the application and in Condition XVIII, Screening. 7. Dewatering operations during construction shall be carried out in accordance with Rule 62-621.300(2), F.A.C. C. Environmental Control Program: An environmental control program shall be established under the supervision of a Florida registered professional engineer or other qualified person to assure that all construction activities conform to applicable environmental regulations and the applicable Conditions of Certification. If a violation of standards, harmful effects or irreversible environmental damage not anticipated by the application or the evidence presented at the certification hearing is detected during construction, the Licensee shall notify the DEP District Office as required by Condition VII, Compliance. D. Reporting: Notice of commencement of construction shall be submitted to the Siting Coordination Office and the DEP Southeast District Office within fifteen (15) days after initiation. Starting three (3) months after construction commences, a quarterly 11 construction status report shall be submitted to the DEP Southeast District Office. The report shail be a short narrative describing the progress of construction. XXVIII. AIR A. The terms, conditions, requirements, limitations, and restrictions set forth in Permit PSD-FL-354 (0990646-001-AC) and PSD-FL-396 (0990646-002-AC) which are attached as Appendix 1, and any final issuance, modification, or amendment to such PSD permits, are incorporated by reference herein, and are binding and enforceable Conditions of this Certification. The Licensee is subject to and shall comply with the terms, conditions, requirements, limitations, and restrictions set forth in Appendix 1 and any final issuance, modification, or amendment to such PSD permits. A violation of the terms conditions, requirements, limitations, and restrictions in Appendix 1 is a violation of these Conditions of Certification. ‘ 'B. General and Administrative 1. Permitting Authority: All documents related to applications for federally delegated or approved air permits to construct, modify or operate these emissions units shail be submitted to the: Bureau of Air Regulation (BAR) Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399-2400 phone number 850/488-0114 Copies of these documents shall be submitted to the Compliance Authority. 2. Compliance Authority: All documents related to compliance activities for federally delegated or approved air permits such as reports, tests, and notifications shall be submitted to the compliance authority. The compliance authority is the: Air Quality Division DEP Southeast District Office 400 North Congress Avenue, Suite 200 West Palm Beach, Florida 33401 3. The owner and operator are subject to, and shall operate under the attached General Conditions listed in Appendix GC of Appendix 1 and any final issuance, modification, or amendment to such PSD permit. General Conditions are binding and enforceable pursuant to Chapter 403 of the Florida Statutes. [Rule 62-4.160, F.A.C.] 4. The proposed new emissions units are: ID Emission Unit Description 001. Unit1A one nominal 250 MW gas turbine with supplementary-fired heat recovery steam generator 002 Unit1B one nominal 250 MW gas turbine with supplementary-fired heat recovery steam generator 12 1D Emission Unit — Description (con't) 003. Unit1C one nominal 250 MW gas turbine with supplementary-fired heat recovery steam generator 004 Unit2A one nominal 250 MW gas turbine with supplementary-fired heat recovery steam generator 005 Unit2B one nominal 250 MW gas turbine with supplementary-fired heat recovery steam generator 006 Unit2C one nominal 250 MW gas turbine with supplementary-fired heat recovery steam generator 007 ~ two nominal 6.3 million distillate fuel oil storage tanks 008 two 26 cell mechanical draft cooling towers 009 two nominal 85,000 Ib/hr (99.8 MMBtu/hr) auxiliary boilers 010 two nominal 10 MMBtu/hr gas-fired process heaters 011 four nominal 2,250 KW ( ~ 21 MMBtu/hr) emergency generators 012 one nominal 300-hp emergency diesel fire pump engine and 500 gallon fuel oil storage tank 013. Unit3A one nominal 250 MW CTG with supplementary-fired HRSG 014 Unit3B one nominal 250 MW CTG with supplementary-fired HRSG 015 Unit3C one nominal 250 MW CTG with supplementary-fired HRSG 016 one 26 cell mechanical draft cooling tower 017 two nominal 10 MMBtu/hr natural gas-fired process heaters 018 two nominal 2,250 KW (~ 21 MMBtu/hr) emergency generators XXIX. INDUSTRIAL AND DOMESTIC WASTEWATER A. The construction and operation of the West County Energy Center shall be in accordance with all applicable provisions of any required federal permit such as any NPDES permit issued for the West County Energy Center and of any updates or modifications thereto. Upon the issuance of any NPDES permit or any subsequent updates or modifications thereto, these Conditions of Certification will be modified to incorporate the conditions of that permit. B. The Licensee is hereby authorized to operate wastewater facilities as shown or described in the West County Energy Center Site Certification Application and other documents on file with the Department and made a part hereof. Domestic wastewater facilities shall comply with any applicable provisions of Chapter 64E-6, F.A.C., and Palm Beach County ECR-!. The Licensee shall give the Department written notice at least 60 days before inactivation or abandonment of a wastewater facility and shall specify what steps will be taken to safeguard public health and safety during and following inactivation or abandonment C. The construction and operation of the West County Energy Center shall be in accordance with all applicable provisions of any required federal permit such as any UIC permit issued for the West County Energy Center and of any updates or modifications thereto. Upon the issuance of any UIC permit or any subsequent updates or modifications thereto, these Conditions of Certification will be modified to incorporate the conditions of that permit. 13 XXX. POTABLE WATER The Licensee is hereby authorized to operate potable water facilities as shown or described in the West County Energy Center Site Certification Application and other documents on file with the Department and made a part hereof. Non-transient, non- community potable water facilities shall comply with any applicable provisions of Chapter 62-555, F.A.C., and Palm Beach County ECR-II. XXXI. SOLID AND HAZARDOUS WASTE A. The Licensee is hereby authorized to collect any hazardous materials generated on site and to temporarily store them as shown or described in the West County Energy Center Site Certification Application and other documents on file with the Department and made a part hereof. No hazardous waste is to be permanently stored onsite. Any hazardous waste generated on site shall be contained and transferred for disposal to a properly licensed contractor in accordance with the Department's rules and regulations. B. The Licensee is hereby authorized to collect any solid waste generated on site and to temporarily store them as shown or described in the West County Energy Center Site Certification Application and other documents on file with the Department and made a part hereof. No solid waste is to be permanently stored onsite. Any solid waste generated on site shall be contained and transferred for disposal to a properly licensed contractor in accordance with the Department's rules and regulations. XXXII. WATER MANAGEMENT A. Administrative 1. General a. Responsible Entity The Licensee shall be responsible for compliance with the Certification Conditions. If contractual rights, duties, or obligations are transferred under this Certification, notice of such transfer or assignment, including the identification of the entity responsible for compliance with the Certification, shall immediately be submitted to the Florida Department of Environmental Protection and the SFWMD by the previous certification holder (Licensee) and the Assignee. Any assignment or transfer shall carry with it the full responsibility for the limitations and conditions of this Certification. The previous Licensee shall be responsible for informing the Assignee of all authorized facilities and uses and the conditions under which they were authorized. The previous Licensee shall remain liable for corrective actions that may be required as a result of any violations prior to transfer or assignment of any contractual rights, duties, or obligations under this Certification. Reference: Sections 373.044, 373.085, 373.113, 373.223, 373.342, and 373.413, F.S.; Rules 40E-2.091, 40E-2.301, 40E- 2.381, 40E-3.101(1), and 40E-6.351, F.A.C. b. Minimum Standards This Certification is based on the Licensee's submitted information to the SFWMD which reasonably demonstrates that harm to the site water resources will not be caused by the authorized activities. The plans, drawings and design specifications submitted by the Licensee shall be considered the minimum standards for compliance. Reference: Sections 373.219, 373.223, 373.229, 373.308, 373.316, 373.413, and 373.416, F.S.; Rules 40E-2.091, 40E-2.301, 40E-2.381, 40E-3.500-531, and 40E6.381, F.A.C. Cc. Compliance Requirements This project must be constructed, operated and maintained in compliance with and meet all non-procedural requirements set forth in Chapter 373, F.S., and Chapters 40E-2 (Consumptive Use), 40E-3 (Water Wells), 40E-20 (General Water Use Permits), and 40E-6 (Works or Lands of the District), F.A.C.. d. Off-site Impacts It is the responsibility of the Licensee to ensure that harm to the water resources does not occur during the construction, operation, and maintenance of the project. Reference: Sections 373.223 373.309, and 373.413, F.S.; Rules 40E-2.091, 40E-2.381, 40E-3.301(3), 40E-3.301(4), and 40E-6.381, F.A.C. e. Liability The Licensee shall hold and save the SFWMD harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment and/or use of any system authorized by this Certification, to the extent allowed under Florida law. Reference: Sections 373.223 and 373.443, F.S.; Rules 40E-2.091, and 40E2.381, F.A.C. f. Construction, Operation, and Maintenance Responsibilities The Licensee shall be responsible for the construction, operation, and maintenance of all facilities installed for the proposed project. Reference: Sections 373.309, 373.413, and 373.416, F.S.; Rules 40E- 3.301 and 40E-6.381, F.A.C. g. Access SFWNMD representatives shall be allowed reasonable escorted access to the power plant site, the water withdrawal facilities and any associated facilities to inspect and observe any activities associated with the construction of the proposed project and/or the operation and/or maintenance of the on-site wells in order to determine compliance with the conditions of this Certification. The Licensee shall not refuse entry or access to any SFWMD representative who, upon reasonable notice, requests entry for the purpose of the above noted inspection and presents appropriate credentials. Reference: Sections 373.223, 373.319, and 373.423, F.S.; Rules 40E-2.091, 40E-2.301, 40E-2.381, 40E-3.461, and 40E-6.381, F.A.C. 15 h. Post Certification Information Submittals Information submitted to the SFWMD subsequent to Certification, in compliance with the conditions of this Certification, shall be for the purpose of the SFWMD determining the Licensee's compliance with the Certification conditions and the non-procedural criteria contained in Chapters 40E-2, 40E-3, 40E-20, and 40E-6, F.A.C., as applicable, prior to the commencement of the subject construction, operation and/or maintenance activity covered thereunder. Reference: Rule 62-17.191, F.A.C. i. Enforcement The SFWMD may confer with FDEP to request FDEP to take any and all lawful actions that are necessary to enforce any condition of this Certification based on the authorizing statutes and rules of the SFWMD. Reference: Sections 373.223, 373.319, and 373.603, F.S.; Rules 40E- 2.091, 40E-2.301, 40E-2.381, 40E-3.461, and 40E-6.501, F:A.C.; Section 403.514, F.S. 2. Processing of Informational Requests a. Completeness and Sufficiency Review At least ninety (90) days prior to the commencement of construction of any portion of the project, the Licensee shall submit to SFWMD staff, for a completeness and sufficiency review, any pertinent additional information required under the SFWMD's conditions of Certification for that portion proposed for construction. If SFWMD staff does not issue a written request for additional information within thirty (30) days, the information shall be presumed to be complete and sufficient. Reference: Section 373.413(2), F.S. b. Compliance Review and Confirmation Within sixty (60) days of the determination by SFWMD staff that the additional information is complete and sufficient, the SFWMD shall determine and notify the Licensee in writing whether the proposed activities conform to SFWMD rules, as required by Chapters 40E-2, 40E- 3, 40E-20, and 40E-6, F.A.C., and the Conditions of Certification. If necessary, the SFWMD shall identify what items remain to be addressed. No construction activities shall begin until the SFWMD has determined either in writing, or by failure to notify the Licensee in writing, that the activities are in compliance with the applicable SFWMD criteria. Reference: Sections 373.413(1) and (2), F.S. Cc. Revisions to Site Specific Design Authorizations The Licensee shall submit, consistent with the provisions of Condition A.2., any proposed revisions to the site specific design authorizations specified in this Certification to the SFWMD for review and approval prior to implementation. The submittal shall include all the information necessary to support the proposed request, including detailed drawings, calculations and/or any other applicable data. Such requests may be included as part of the appropriate additional information 16 submittals required by this Certification provided they are clearly identified as a requested amendment or modification to the previously authorized design. Reference: Sections 373.085, 373.219, 373.223, 373.313, F.S.; Rules 40E-2.091, 40E-2.301, 40E-3.461, 40E-6.121, and 40E6.221, F.A.C. d. Dispute Resolution Since this Certification is the only form of permit required from any agency, it is understood that the Licensee and the SFWMD shall strive to resolve disputes by mutual agreement. Reference: Sections 373.044, 373.085, 373.113, 373.129, 373.413 and 373.429, F.S.; Rules 40E-1.601, 40E-4.331, 40E-6.331, and 40E-6.341, F.A.C. e. Objections Objections to modifications of the terms and conditions of this Certification shall be resolved through the process established in Section 403.516, F.S. f. Changes to Information Requirements The SFWMD and the Licensee may jointly agree to vary the informational requirements. Reference: Sections 373.085 and 373.229, F.S.; Rules 40E2.101(1), 40E-3.101(2), and 40E-6.101(1), F.A.C. Water Use Conditions 1. General a. Water Shortage Compliance In the event of a declared water shortage, the Licensee must comply with any water withdrawal reductions ordered by the SFWMD in accordance with the Water Shortage Plan, Chapter 40E-21, F.A.C. Reference: Section 373.246, F.S.; Rule 40E-2.381, F.A.C. b. Interference with Existing Legal Uses The Licensee shall mitigate interference with existing legal uses, in existence at the time of issuance of the Certification Order, caused in whole or in part by the Licensee’s withdrawals, consistent with the approved mitigation plan. As necessary to offset the interference, mitigation may include pumpage reduction, replacement of the impacted individual’s equipment, relocation of wells, change in withdrawal source, or other means. Interference to an existing legal use is defined as an impact that occurs under hydrologic conditions equal to or less severe than a 1 in 10 year drought event that results in the: (1) Inability to draw water consistent with the provisions of the permit, such as when remedial structural or operational actions not materially authorized by existing permits must be taken to address the interference; (2) Change in the quality of water pursuant to primary State Drinking Water Standards to the extent that the water can no longer be used for its authorized purpose, or such change is imminent; or (3) Inability of an existing legal user to meet its permitted demands without exceeding the permitted allocation. Reference: 17 Section 373.223, F.S.; Rules 40E-2.091, 40E-2.301, and 40E- 2.381, F.A.C. c. Harm to Existing Off-Site Land Uses The Licensee shall mitigate harm to existing off-site land uses caused by the Licensee’s withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is imminent, the SFWMD will require the Licensee to modify withdrawal rates or mitigate the harm. Harm, as determined through reference to these Conditions of Certification includes: (1) Significant reduction in water levels on the property to the extent that the designed function of the water body and related surface water management improvements are damaged, not including aesthetic values. The designed function of a water body is identified in the original permit or other government authorization issued for the construction of the water body. In cases where a permit was not required, the designed function shall be determined based on the purpose for the original construction of the water body (e.g., fill for construction, mining, drainage canal, etc.); (2) Damage to agriculture, including damage resulting from reduction in soil moisture resulting from consumptive use; (3) Land collapse or subsidence caused by reduction in water levels associated with consumptive use. Reference: Sections 373.223, F.S.; Rules 40E-2.091, 40E-2.301, and 40E-2.381, F.A.C. d. Harm to Natural Resources The Licensee shall mitigate harm to natural resources caused by the Licensee’s withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is imminent, the SFWWMD will require the Licensee to modify withdrawal rates or mitigate the harm. Harm, as determined through reference to these Conditions of Certification includes: (1) Reduction in ground or surface water levels that results in harmful lateral movement of the fresh water/salt water interface; (2) Reduction in water levels that harm the hydroperiod of wetlands; (3) Significant reduction in water levels or hydroperiod in a naturally occurring water body such as a lake or pond; (4) Harmful movement of contaminants in violation of state water quality standards; or (5) Harm to the natural system including damage to habitat for rare or endangered species. Reference: Sections 373.223, F.S.; Rules 40E-2.091, 40E-2.301, and 40E-2.381, F.A.C. e. Well System Operation At any time, if there is an indication that the well casing, valves, or controls associated with the on-site well system leak or have become inoperative, the Licensee shall be responsible for making the necessary repairs or replacement to restore the well system to an operating condition acceptable to the SFWMD. Failure to make such repairs shall be the 18 cause for requiring that the well(s) be filled and abandoned in accordance with the procedures outlined in Chapter 40E-3, F.A.C. Reference: Sections 373.308 and 373.316, F.S.; Rules 40E-3.041, 40E-3.101, 40E- 3.411, and 40E-3.500-531, F.A.C. f. Legal Control Over Project Site The Licensee must demonstrate the legal right to conduct water use on the project lands, in accordance with Section 2.1.1 of the Basis of Review for Water Use Permits in the SFWMD. Prior to issuance of the Certification Order, the Licensee shall submit copies of legal documents to the SFWMD that clearly demonstrate ownership or control of the project site, including a sketch map and project acreage, for incorporation into this Certification. 2. Site Specific Design Authorizations a. Authorized Monthly Withdrawals This Certification authorizes a maximum monthly withdrawal of 605 MGM from the L-10/L-12 Canal and/or the upper Floridan aquifer for cooling, service, and process water for Units 1 and 2, subject to the limitations set forth in Condition B.2.d below. This authorization includes these sources as a backup water supply for Unit 3, in the event that the reclaimed water supply is temporarily interrupted. This Certification authorizes a maximum monthly withdrawal of 1.09 MGM from the surficial aquifer for potable water for Units 1, 2 and 3. The SFWMD may authorize alternative water supply sources for the project’s cooling, service and process water, as set forth in Condition B.2.h below. However, in no instance shall the project's water use exceed a maximum of 605 MGM for its cooling, service and process water demands, except as provided for in Conditions B.2.d(4) and B.2.f below. b. Authorized Annual Withdrawals This Certification authorizes an average annual withdrawal of 5,550 MGY from the L-10/L-12 Canal and/or the upper Floridan aquifer for cooling, service, and process water for Units 1 and 2, subject to the limitations set forth in Condition B.2.d below. This authorization includes these sources as a backup water supply for Unit 3, in the event that the reclaimed water supply is temporarily interrupted. This Certification’ authorizes an average annual withdrawal of 12.78 MGY from the Surficial aquifer for potable water for Units 1, 2 and 3. The SFWMD may authorize alternative water supply sources for the project's cooling, service and process water, as set forth in Condition B.2.h below. However, in no instance shall the project’s water use exceed an average of 5,550 MGY for its cooling, service and process water demands, except as provided for in Conditions B.2.d(4) and B.2.f below. Cc. Aquifer Performance Test (1) Authorization to commence withdrawals from the upper Floridan aquifer for the backup water supply for the cooling tower makeup water will not be granted until an Aquifer Performance Test (APT) is completed, evaluated by the SFWMD, and a determination 19 is made by the SFWMD that reasonable assurances have been provided confirming that interference to existing legal users will not occur. The report submitted to the SFWMD on the APT shall include the following and shall be signed and sealed by a Florida Registered Professional Geologist: (a) The transmissivity and storage of the proposed pumping zone of the Floridan aquifer; (b) An analysis of the potential impacts to existing legal users; (c) An impact analysis, if potential impacts to existing legal users are identified. (2) Upon submittal of the APT report, the SFWMD shall have 30 days to review the report for completeness. If the information is not complete, accurate, or fully documented, the SFWMD shall, within the 30 day time period, request additional information needed to complete the review of the report. Once the report is deemed complete, the SFWMD shall evaluate the potential for impacts to existing legal users in accordance with the applicable criteria in Rule 40-2, F.A.C., and the Basis of Review for Water Use Permit Applications in the SFWMD. (3) If the SFWMD determines that the results of the additional site-specific test data confirms the initial conclusion that interference to existing legal users will not occur, then the SFWMD shall provide the Licensee and DEP with written confirmation of this finding within 30 days of submittal of a complete report to the SFWMD on the APT. (4) If the SFWMD determines that the potential exists for interference with existing legal users as a result of the site-specific test data, then the SFWMD will advise the Licensee and DEP, within 30 days of submittal of a complete report to the SFWMD on the APT, of this conclusion. The SFWMD will review additional submittals of data such as additional modeling, alternative water supplies, and mitigation plans that may be proposed by the Licensee to provide reasonable assurances that interference with existing legal users will not occur. The SFWMD shall have 30 days to review the additional submittals for completeness. Upon completion of the evaluation, the SFWMD will provide the Licensee and DEP with notification of authorization to commence withdrawals from the Floridan aquifer-at acceptable rates and will require mitigation, as necessary and appropriate, pursuant to the Basis of Review for Water Use Permits in the SFWMD, to prevent interference with existing legal users. Reference: Sections 373.219 and 373.223, F.S.; Rules 40E-2.091, 40E-2.041, 40E-2.301, and 40E-2.381, F.A.C. d. Limitations on Authorized Withdrawals Withdrawals from the L-10/L-12 Canal are authorized, except as indicated below. 20 (1) Withdrawals from the L-10/L-12 Canal are prohibited when Water Supply Deliveries are being made. Water Supply Deliveries are defined as releases from regional system storage conducted to maintain designated canal stages within the L-10/L-12 Canal that have been depleted by consumptive and non- consumptive uses that occur during dry conditions. (2) Withdrawals from the L-10/L-12 Canal are prohibited when Regulatory Releases are being made from Lake Okeechobee and water supply demands from existing legal users, authorized prior to May 10, 2006, exceed the capacity of the S-352 structure. Regulatory Releases are defined as releases from Lake Okeechobee that are conducted to pass lake inflows or lower the lake stage for the purpose of current and/or future flood control, pursuant to Lake Okeechobee’s Water Supply and Environment (WSE) Regulation Schedule (in effect at the time of withdrawal pursuant to the Water Control Plan for Lake Okeechobee and the Everglades Agricultural Area). (3) Determination of water availability from the L-10/L12 Canal shall be made by SFWMD Operations Department staff, based on the following criteria: (a) When the Licensee is withdrawing from the L- 10/L-12 Canal, the Licensee shall contact the SFWMD’s West Palm Beach Operations Control Center by 8:00 a.m. each Friday for a determination as to whether or not water is available from this source for the following week. In the event that water is unavailable from the L-10/L-12 Canal for the following week, the Licensee shall have up to 48 hours following the determination of unavailability to cease withdrawals from the L-10/L-12 Canal. (b) When the Licensee is withdrawing from the Floridan aquifer, the Licensee may (but is not required to) contact the SFWMD’s West Palm Beach Operations Control Center by 8:00 a.m. each Friday for a determination as to whether or not water is available from the L-10/L-12 Canal for the following week. (c) Determination of water availability from the L-10/L- 12 Canal shall be made only if water is available for a minimum period of one week. Shorter time-frames will not be authorized by the SFWMD’s West Palm Beach Operations _ Control Center. (4) If, pursuant to Condition B.2.h, the SFWMD requires or authorizes the Licensee to utilize an alternative water supply source that results in a reduction or increase of the authorized withdrawals set forth in Conditions B.2.a and B.2.b above, the SFWMD shall petition the DEP for a modification to these Conditions of Certification. 21 e. Authorized Withdrawal Facilities Prior to commencement of construction of the withdrawal facilities, the Licensee shall submit the details of the proposed withdrawal facilities (number of wells, well diameter, well depth, casing depth) for review and approval by the SFWMD. These Conditions of Certification shall be modified at a future date to reflect the specific withdrawal facilities authorized by the SFWMD. f. Emergency Withdrawals Any withdrawals from the L-10/L-12 Canal, the Floridan aquifer, or the Surficial aquifer in excess of the withdrawals authorized under this Certification shall require prior SFWMD approval. Any withdrawals from alternative surface or ground water supply sources shall require prior SFWMD approval. The SFWMD may grant such approval for any emergency withdrawals less than 90 days in duration without modifying these Conditions of Certification. The SFWMD’s approval shall be based on the non-procedural requirements of Chapter 40E-2, F.A.C. g. Consistency Review of Authorized Withdrawals Within five years from the date of issuance of the Certification Order and every five years thereafter, unless extended by mutual agreement between the Licensee and the SFWMD, the Licensee shall submit to the SFWMD a report on the project’s consistency with SFWMD’s Water Use Conditions of Certification contained herein. Within 90 days after receipt of the completed report, the SFWMD shall evaluate the information contained therein and issue a written notification to the DEP and the Licensee as to whether the ground water withdrawals for consumptive use authorized by this Certification remain in compliance with the provisions of Chapter 373, F.S., and Chapter 40-2, F.A.C.., in effect at the time the certification was issued by the Siting Board. In determining whether the Licensee has established that its use of water complies with rule 40E-2, F.A.C., and the Basis of Review for Water Use Permit Applications within the SFWMD, the SFWMD shall evaluate whether the Licensee’s use of water interferes with a legal use of water that existed at the time the certification was issued by the Siting Board. If the notification indicates that the withdrawals are not in compliance with these provisions, the SFWMD shall recommend to the Licensee possible alternatives for bringing the withdrawals into compliance with SFWMD’s Water Use Conditions of Certification contained herein. In addition, if DEP determines, in consultation with SFWMD, based upon a review of a report submitted pursuant to this condition, that the Licensee has failed to establish that the Licensee’s use of water meets the consumptive water use requirements described herein, DEP may seek to modify the authorization to use water in the certification or take other appropriate measures to ensure that the consumptive use of water meets the conditions for issuance in Chapter 40E-2, F.A.C., as described herein. Any modification made pursuant ta this condition shall not be subject to competing applications provided there is no increase in the allocation and no change in source. 22 Alternative Water Supplies (1) Reclaimed Water Supply: Units 1 and 2 (a) Upon written notification from the SFWMD that a reliable source of reclaimed water is available at the project site to provide Units 1 and 2 with cooling water in a quality that meets the reclaimed water user requirements and limitations set forth in Rule 62-610, F.A.C., and would not require significant modifications to the plant's water pre- treatment system, the Licensee shall conduct a feasibility evaluation in accordance with Section 3.2.3.2 of the Basis of Review For Water Use Permit Applications in the SFWMD to determine the environmental, technical, and economic feasibility of utilizing reclaimed water. The evaluation shall include an analysis of potential conflicts with facility permit requirements such as air emission control and wastewater disposal. (b) In conducting the feasibility evaluation, it shall not be deemed to be economically feasible for the Licensee to use reclaimed water unless the PSC authorizes the recovery of the additional costs associated with reclaimed water use. (c) If the feasibility evaluation demonstrates that the use of reclaimed water is feasible, the Licensee shall provide the SFWMD with a schedule for reclaimed water use, for the SFWMD’s review and approval, within 90 days of such notification. Once the use of reclaimed water has been approved by the SFWMD and established, withdrawals of surface water from the L-10/L-12 Canal, the Floridan aquifer, or any other authorized use of excess storm water shall be reduced in proportion to the volume of reclaimed water to be used by Units 1 and 2. (2) Reclaimed Water Supply: Unit 3 (a) Reclaimed water shail be the primary cooling, service and process water source for Unit 3, pursuant to the Reclaimed Water Agreement between Palm Beach County and the Licensee, entered into on May 20, 2008, and all the agreements referenced and incorporated therein including amendments thereto. (3) Excess Storm Water (a) Upon identification of a reliable alternative source of excess storm water available at the project site from the L- 8, the L-8 water storage ponds, or other sources to serve Units 1 and 2 in a quantity and quality acceptable to the Licensee, and which does not result in a conflict with permit requirements for the facility, the Licensee shall provide the SFWMD with a schedule for use of the excess storm water for the SFWMD’s review and approval. (b) Once the use of excess storm water has been approved by the SFWMD and established, withdrawals of 23 surface water from the L-10/L-12 Canal and/or ground water from the Floridan aquifer shall be reduced in proportion to the volume of excess storm water to be used by Units 1 and 2. ; (4) Dual-Purpose Floridan Aquifer Wells (a) If determined to be mutually beneficial, the Licensee and the SFWMD shall enter into an agreement to share the water made available by, and the costs associated with, the permitting, construction, and operation of dual- purpose aquifer storage and recovery (ASR) wells. (b) Once withdrawals of ASR water have been approved by the SFWMD and established, the use of surface water from the L-10/L-12 Canal and/or excess storm water authorized under this certification shall be reduced in proportion to the volume of ASR water to be used by Units 1 and 2. i. Request for Modification of Withdrawals The SFWMD may request a modification of the ground water withdrawals for consumptive use authorized by this Certification, in accordance with the provisions of Section 403.516, F.S. and Section 62- 17.211, F.A.C. Any request for an increase in water withdrawals shall be made pursuant to the provisions of Section 403.516, F.S., and Section 62- 17.211, F.AC. j. Dewatering Activities Prior to commencement of construction of those portions of the project that involve dewatering activities, the Licensee shall submit a detailed plan for any such activities to the SFWMD for a determination of compliance with the nonprocedural requirements of Chapters 40E-2, 40E- 3 and 40E-20, F.A.C., in effect at the time of submittal. The following information, referenced to NGVD where appropriate, shall be submitted: (1) A detailed site plan which shows the location(s) for each proposed dewatering area; (2) The method(s) used for each dewatering operation; (3) The maximum depth for each dewatering operation; (4) The location and specifications for all proposed wells and/or pumps associated with each dewatering operation; (5) The duration of each dewatering operation; (6) The discharge method, route, and location of receiving waters generated by each dewatering operation, including the measures (Best Management Practices) that will be taken to prevent water quality problems in the receiving water(s); (7) An analysis of the impacts of the proposed dewatering operations on any existing on and/or off-site legal users, wetlands, or existing groundwater contamination plumes; (8) The location of any infiltration trench(es) and/or recharge barriers; and 24 (9) All plans must be signed and sealed by a Professional Engineer or a Professional Geologist registered in the State of Florida. Reference: Sections 373.229 and 373.308, F.S.; Rules 40E-2.091, 40E-2.301, and 40E3.500-531, F.A.C. k. Reporting Requirements Prior to the use of any proposed withdrawal facility authorized under this Certifi cation, the Licensee shall equip each facility with a SFWMD-approved operating water use accounting system and submit a . report of calibration to the SFWMD, pursuant to Section 4.1 of the Basis of Review For Water Use Permit Applications. In addition, the Licensee shall submit a report of recalibration for the water use accounting system for each water withdrawal facility (existing and proposed) authorized under this Certification every five years from each previous calibration, continuing at five year increments. The Licensee shall report monthly withdrawals for each withdrawal facility to the SFWMD quarterly. The Licensee shall specify the water accounting method and means of calibration on each report. Reference: Section 373.223, F.S.; Rules 40E- 2.091, 40E-2.301, and 40E-2.381, F.A.C. I. Existing Well Repair, Replacement, Abandonment If any of the existing on-site wells require repair, replacement, and/or abandonment, the Licensee shall submit the information described in Chapter 40E-3, F.A.C., for review by the SFWMD prior to initiating such activities. Reference: Sections 373.308 and 373.316, F.S.; Rules 40E- 3.041, 40E-3.101, 40E 3.411, and 40E-3.500-531, F.A.C. m. New Well Construction Prior to construction of any new or replacement wells, the Licensee shall submit the drilling plans and other pertinent information, required by Chapter 40E-3, F.A.C., to the SFWMD for review and approval. If the well locations are different from those previously reviewed and approved in this Certification, the Licensee shall also submit to the SFWMD, for review and approval, an evaluation of the impacts of the proposed pumpage from the proposed well location(s) on adjacent existing legal users, pollution sources, environmental features, and water bodies. Reference: Section 373.223, F.S.; Rules 40E-2.091, 40E-2.301, and 40E-2.381, F.A.C. n. Water Conservation Plan Prior to the commencement of construction of Unit 3, the Licensee shall submit a revised Water Conservation Plan, as required by Chapter 40E-2, F.A.C., in effect at that time, for review and approval by SFWMD staff. The plan shall, at a minimum, incorporate the following components: (1) An audit of the amount of water needed in the Licensee’s operational processes. The following measures shall be implemented within one year of audit completion if found to be cost effective in the audit: (a) Implementation of a leak detection and repair program; 25 (b) Implementation of a recovery/recycling or other program providing for technological, procedural or programmatic improvements to the Licensee’s facilities; and (c) Use of processes to decrease water consumption. (2) Development and implementation of an employee awareness program concerning water conservation. Reference: Sections 373.223, F.S.; Rules 40E-2.091, 40E-2.301, and 40E- 2.381, F.A.C. Special Conditions a. General Requirements (1) Prior to commencement of construction or utilization of the SFWMD’s right of way, the Licensee shall contact the SFWMD’s field representative at the West Palm Beach Field Station office to schedule a pre-construction meeting. (2) The Licensee shall comply with any more stringent conditions set forth in other required permits and approvals for the certified facility. (3) A copy of the Certification application, Certification order, SFWMD post-certification submittals, and the SFWMD’s construction authorization letter will be kept at a location to be determined until completion of all phases of construction and acceptance of the constructed facilities and restoration of the right of way by the SFWMD’s field representative. (4) The Licensee shall be responsible for the removal of all materials and debris from the SFWMD’s canal and right of way, and, for the repair, replacement and restoration of any sections of the SFWMD’s right of way damaged or disturbed resulting from the authorized activity. Restoration shall be to the satisfaction of the SFWWND and shall include grading/re-shaping, seeding, re-sodding with bahia, argentine, or other species recognized by the SFWMD as a drought tolerant species. (5) Should the authorized activities or placement of the authorized facilities or within the SFWMD’s right of way or maintenance of same contribute to shoaling, erosion or. wash-outs of the SFWMD’s right of way, berm or side slope of the canal, it is the Licensee’s sole responsibility and expense to, upon notification from the SFWMD, immediately take appropriate steps to restore the right of way to its pre-construction condition to the satisfaction of the SFWMD to the extent of the Licensee's contribution to such shoaling, erosion or wash-out. (6) At no time shall the Licensee place permanent or semi- permanent above-ground encroachments or facilities within the 40 foot wide strip of land lying parallel to the canal, as measured from the top of the existing canal bank landward, unless otherwise authorized in this Certification or any post-certification approvals. (7) At no time shall the Licensee place above ground facilities within the SFWMD’s designated 100 foot long equipment staging areas located at all bridges and pile-supported utility 26 crossings, unless otherwise authorized in this Certification or any post-certification approvals. (8) Immediately upon completion of the authorized work, the Licensee shall contact the SFWMD’s field representative at the West Palm Beach Field Station office to schedule a final inspection. b. Inlet Structure (1) This inlet structure shall be for surface water withdrawals from the West Palm Beach (L-12 Extension) Canal only. The use of this installation as a discharge facility is not authorized. (2) The top of any rip-rap or other slope protection must match the elevation of the existing ground. (3) The Licensee shall construct the inlet structure and associated slope protection to preclude erosion. (4) The Licensee shall obtain prior approval from the SFWNMD for any fill pads or other areas needed for temporary or long-term construction staging within SFWMD right-of-way. Said fill pads or other staging areas shall not encroach the canal section. The Licensee is advised that approvals from the Florida Department of Transportation (FDOT) may be required for such facilities. c. Temporary Use of SFWMD Right Of Way for Construction Activities (1) Work activities within the L-12 Extension Canal are prohibited between May ‘1st and October 31st. Any work activities initiated before May ‘st shall be completed by May ‘1st. The Licensee may submit a request to the SFWMD to conduct limited construction activities as may be required, to prepare for construction or to complete work already underway. Such request(s) shall be submitted to the SFWMD at least 30 days prior to October 31st in order to commence work prior to October 31, and at least 30 days prior to May 1 in order to continue work after May 1. Approval of any such request shall be at the sole discretion of the SFWMD. (2) Prior to commencement of construction or utilization of the SFWMD’s right of way, the Licensee shail contact the SFWMD's field representative at the West Palm Beach Field Station office to schedule a pre-construction meeting. The Licensee shall prepare and present the following items at the pre- construction meeting. (a) A list of 24 hour contact personnel. The list shall include the contractor and designer, their titles and telephone numbers for office, mobile, beeper, home or local residences. (b) A written inventory of the type of vehicles, construction equipment, other machinery and materials which will be located within the SFWMD’s right of way. 27 (c) Written procedures for the clearing of all construction materials, coffer dam, machinery, equipment barges or other floating equipment and vehicles from the canal and the area immediately adjacent to the canal within 24 hours notice from the SFWMD. (d) A list containing the names and contact numbers of the individuals responsible for the various operations involved in the clearing procedures. (3) The Licensee is responsible for providing and utilizing acceptable dust control measures throughout the life of project. (4) No vehicular maintenance/repair activities or substances or parts associated with the repair or maintenance of vehicles/equipment will take place, be used, stored or discarded within the right of way nor shall the SFWMD’s right of way be used for storage or parking of equipment, associated machinery or construction trailers. (5) The Licensee shall not stockpile excavated material in the canal. Any temporary stockpiling of excavated material within _ the canal right of way shall be addressed at the preconstruction meeting and, if approved, shall be at the sole discretion of the SFWMD. The Licensee is responsible for the removal of all excess project related material from the SFWMD’s right of way, unless otherwise authorized in this Certification or any post-certification approvals. (6) Licensee shall certify to SFWMbD initially, and in subsequent years as requested by the SFWMD, in the form of an affidavit, that Licensee is self-insured. Licensee shall submit to SFWWMD an audited financial statement to support its affidavit of self-insurance and as evidence of Licensee's financial ability to comply with the conditions stated herein. d. Storm Event Notifications/Requirements During Construction Activities (1) If storm, hurricane, or emergency circumstances are developing, the SFWMD will attempt to provide a forty-eight (48) hour notice. The Licensee will be contacted by telephone or a visit to the construction site wherein the Licensee will be informed of the emergency situation. The Licensee is put on notice that the 48-hour notice is a warning that the SFWMD may or may not be able to provide the Licensee. (2) If storm, hurricane or emergency circumstances have developed, the SFWMD will contact the Licensee by telephone or visit the site to place the Licensee on 24-hour alert. At this time, the Licensee and the Licensee's contractor(s) and sub-contractor(s) must begin securing the project site and removing temporary equipment from the canal per the SFWMD’s approved contingency plans, including any temporary sheet pile cofferdam. The SFWMD will not require removal of any part of the cofferdam structure that will become part of the permanent inlet structure. 28 (3) The Licensee is advised that the SFWMD’s hurricane, storm event and/or emergency alert may differ from the National Hurricane Center or the local news and weather. The SFWMD takes into consideration the numerous factors concerning construction within the channel and canal rights of way. As such, upon the SFWMD’s notification to the Licensee of a pending emergency, storm event, or hurricane, the Licensee has twenty-four (24) hours or less to comply with SFWMD orders and the previously submitted SFWMD-approved contingency plan. e. Removal of Exotic/Nuisance Vegetation (1) The Licensee shall remove all exotic vegetation from within the SFWMD’s right of way throughout the limits of the project and keep the right of way free of said exotic vegetation throughout the life of the project. (2) The Licensee is put on notice that successful removal of the exotic vegetation may require the application of a suitable herbicide on cut stumps, etc. by following manufacturers label instructions. ; (3) The Licensee shall take all precautions to not damage or destroy existing native (indigenous) vegetation located within the SFWMD’s right of way throughout the project limits. (4) The Licensee shall not remove, cut, trim or treat with herbicide applications any mangrove or other shoreline vegetation native (indigenous) to the region. (5) The Licensee shall maintain the project area on a regular cycle basis and keep the right of way free of excessive weeds and exotic vegetation. Reference: Sections 373.044, 373.113, 373.085(1), 373.086, 373.103, 373.129, and 373.603, F.S. C. Everglades Works of the District Prior to the commencement of construction of the surface water management system or any modifications thereto that involve off-site discharges, the Licensee shall submit the details of the proposed surface water management system design/modifications to the. SFWMD for a determination of compliance with the nonprocedural requirements of Chapter 40E-63, F.A.C. All plans, details, and calculations shall be signed and sealed by a Florida Registered Professional Engineer. Upon review of the submitted plans/calculations, the Licensee may be required to incorporate additional water quality treatment methods, a Best Management Practices Plan, and a Water Quality Monitoring Plan into the project design. XXX. TRANSPORTATION A. Traffic control shall be maintained during plant construction and operations in compliance with the standards in the Manual on Uniform Traffic Control Devices; Statewide Minimum Level of Service Standards, Rule Chapter 14-94, F.A.C.; Florida Department of Transportation's Roadway and Traffic Design Standards; and Florida Department of Transportation Standard Specifications for Road and Bridge Construction, whichever is more stringent. 29 B. Operation of overweight or overdimensional vehicles by the applicant on State transportation facilities during the construction and operation of the West County Energy Center shall be subject to safety and permitting requirements of Chapter 316, F.S., and Safety Regulations and Permit Fees for Overweight and Overdimensional Vehicles, Rule Chapter 14-26, F.A.C. C. Any new access to the State Highway System shall follow the provisions of State Highway System Connection Permits, Administrative Process, Chapter 14-96, F.A.C. and State Highway Access Management Classification System and Standards, Rule Chapter 14-97, F.A.C. D. Any use of State of Florida right of way and certain activities on State transportation facilities will be subject to the requirements of the Department of Transportation’s Utility Accommodation Manual ( Document 710-020-001) and Utilities Installation or Adjustment, Rule Chapter14-46, F.A.C. and Section 337.403, F.S. E. Any drainage onto State of Florida right of way and transportation facilities will be subject to the requirements of Drainage Connections, Rule Chapter 1486, F.A.C. F. Any structures proposed in the application which exceed 200 feet in height will be subject to an aeronautical study by the Federal Aviation Authority under the provisions of 14 CFR Part 77. The Licensee must obtain any necessary variances. Specifically, for Unit 3 any newly proposed structure or alteration of an existing structure will be subject to the requirements of Chapter 333, F.S., and Rule 14-60.009, Airspace Protection, F.A.C. Additionally, notification to the Federal Aviation Administration (FAA) is required prior to beginning construction, if the structure exceeds notification requirements of 14 CFR Part 77, Objects Affecting Navigable Airspace, Subpart B, Notice of Construction or Alteration. Notification will be provided to FAA Southern Region Headquarters using FAA Form 7460-1, Notice of Proposed Construction or Alteration in accordance with instructions therein. A subsequent Determination by the FAA stating that the structure exceeds any federal obstruction standard of 14 CFR Part 77, Subpart C for any structure that is located within a 10-nautical-mile radius of the geographical center of a public-use airport or military airfield in Florida will be required to submit information for an Airspace Obstruction Permit from the Florida Department of Transportation or variance from local government depending on the entity with jurisdictional authority over the site of the proposed structure. The FAA Determination regarding the structure serves only as a review of its impact on federal airspace and is not an authorization to proceed with any construction. However, FAA recommendations for marking and/or lighting of the proposed structure are made mandatory by Florida law. For a site under Florida Department of Transportation jurisdiction, application will be made by submitting Florida Department of Transportation Airspace Obstruction Permit Application, in accordance with the instructions therein. G. The Licensee shail encourage transportation demand management by: 1. Placing a bulletin board on site for car pooling advertisements. 30 2. Requiring that heavy construction vehicles remain on site for the duration of their use during construction to the extent practicable. H. The Licensee shall is encouraged to install a Soil Tracking Prevention Device in accordance with the Florida Department of Transportation’s Roadway and Traffic Design Standards. Index 106 or any other approved suitable alternative technique to minimize offsite tracking of sediment. I. If the Licensee uses contractors for the delivery of any overweight or overdimensional loads to the site during construction, the Licensee shall ensure that its contractors adhere to the necessary standards and receive the necessary permits required under Chapter 316, F.S., and Rule Chapter 14-26, F.A.C. J. All infrastructure crossings of State Road 80 shall be subject to the requirements of the Florida Department of Transportation’s Utility accommodation Manual (Document 710-020-001) and Rule Chapter14-46, F.A.C. The placement of the waterline shall take into consideration the possible widening of State Road 80. If future widening of State Road 80 occurs, the cost of relocating the waterline shall be borne by the Licensee unless the terms and conditions of Section 337.403, F.S., are met. State Road 80 has been identified as Florida Intrastate Highway System (FMS) and Strategic Intermodal System's (SIS) facilities. The placement of any new transmission lines or pipelines for Unit 3 should take into consideration the planned widening of these facilities. The cost of relocating or reconstructing the transmission lines or pipelines will be borne by the applicant to the extent required by Section 337.403, Florida Statutes, and Rule Chapter 14-46, Florida Administrative Code. K. All traffic impacts to State roadway facilities on the FMS or the SIS, or funded by Section 339.2819, Florida Statutes, will be subject to the requirements of the level of service standards adopted by local governments pursuant to Rule Chapter 14- 94, Statewide Minimum Level of Service Standards, Florida Administrative Code, in accordance with Section 163.3180(10), Florida Statutes. All traffic impacts resuiting from Unit 3 to State roadway facilities not on the FIHS, the SIS, or funded by Section 339.2819, Florida Statutes, will be subject to adequate level of service standards established by the local governments. : XXXIV, EMERGENCY MANAGEMENT A. The Licensee shall prepare a West County Energy Center hurricane preparation and recovery plan. The plan shall be submitted to the Department of Community Affairs and the Palm Beach County Office of Emergency Management no later than completion of building construction code compliance review of the West County Energy Center by Palm Beach County. B. The Licensee shall formally update the plan every five (5) years following commencement of commercial operation of the West County Energy Center and whenever an additional electrical generating unit is brought into service at the West County Energy Center site. The updated plan shall be submitted to the Department of Community Affairs and the Palm Beach County Office of Emergency Management. 31 C. The Department of Community Affairs will review the plan and any plan update. If the Department of Community Affairs deems the plan or any plan update not to be in compliance with the requirements of these Conditions of Certification, it may petition the Department for enforcement of this condition pursuant to the Florida Electrical Power Plant Siting Act. XXXV. PALM BEACH COUNTY The licensee shall comply with the requirements contained within Development Order Resolution Number R-2002-0009, as amended via Resolution Number R-2004- 0401 and Resolution Number R-2007-2144. XXXVI. SPECIAL CONDITIONS A. Consistent with the intent of Executive Order 07-127 and the recommendations of the Treasure Coast Regional Planning Council, and in recognition of the commitments made by the licensee in the WCEC Unit 3 Site Certification Application regarding renewable generation projects in Florida, the licensee shall (subject to timely receipt of necessary permits, approvals and acceptable cost recovery): 1. Develop, design, construct and operate a wind generation project with a capacity of up to 20 megawatts (MW) at or near the FPL St. Lucie power plant site (or other approved sites in Florida) by December 31, 2010. 2. Develop, design, construct and operate solar generating facilities with a capacity of up to 300 MW in Florida by December 31, 2013 which would include a successful demonstration of the Martin plant solar project. B. Upon issuance of an affirmative determination of need by the Public Service Commission for the Riviera Plant modernization project, the licensee shall (subject to timely receipt of necessary permits, approvals and acceptable cost recovery): Take all prudent and commercially reasonable actions to convert the Riviera Power plant to natural-gas combined cycle generating technology by December 31, 2015. . History Certified 12/26/06 Modified 03/29/07 Certified 11/__/08 32 APPENDIX 1 Air Construction Permit Underground Injection Control Permit 33 Appendix 1: Air Construction PSD Permit PSD-FL-354 Florida Power & Light Draft Conditions of Certification West County Energy Center Unit 3 PA 05-47SA1 Charlie Crist Florida Department of Governor Environmental Protection Jeff Kottkamp Bob Martinez Center 2600 Blairstone Road Michael W. Sole Tallahassee, Florida 32399-2400 Secretary ~ Designee PERMITTEE: Florida Power and Light Company (FPL) FPL West County Energy Center 700 Universe Boulevard DEP File No. 0990646-001-AC Juno Beach, Florida 33408 Authorized Representative: ; Randall R. LaBauve, Vice President Expires: December 31, 2011 PROJECT AND LOCATION This permit authorizes the construction of two nominal 1,250 megawatt combined cycle units at the proposed Florida Power and Light Company (FPL) West County Energy Center. The proposed project will be located at 20505 State Road 80, Loxahatchee, Florida 33470. This site encompasses 220 aeres of which approximately 40 acres will be used for two combined cycle units. UTM coordinates are Zone 17; 562.19 km E; 2953.04 km N. STATEMENT OF BASIS This PSD construction permit is issued under the provisions of Chapter 403 of the Florida Statutes (F.S.), Chapters 62-4, 62-204, 62-210, 62-212, 62-296, and 62-297 of the Florida Administrative Code (F.A.C.). The project was processed in accordance with the requirements of Rule 62-212.400, F.A.C., the preconstruction review program for the Prevention of Significant Deterioration (PSD) of Air Quality. Pursuant to Chapter 62-17, F.A.C. and Chapter 403 Part Il, F.S., the project is also subject to Electrical Power Plant Siting. The permittee is authorized to install the proposed equipment in accordance with the conditions of this permit and as described in the application, approved drawings, plans, and other documents on file with the Department. CONTENTS Section I. General Information Section I. Administrative Requirements Section Ill. Emissions Units Specific Conditions Section IV. Appendices | — eh i Lo fe > Kahn, Director (Date) Division of Air Resource Management “More Protection, Less Process” www.dep.state flus SECTION I. GENERAL INFORMATION FACILITY DESCRIPTION The FPL West County Energy Center will be a nominal 2,500 megawatt (MW) greenfield power plant. The initial phase is the construction of two nominal 1,250 MW gas-fired combined cycle units that will use ultralow sulfur (ULS) fuel oil as backup fuel. The two combined cycle units are designated as Unit 1 and Unit 2. Each combined cycle unit will consist of: three nominal 250 megawatt Model 501G gas turbine-electrical generator sets with evaporative inlet cooling systems; three supplementary-fired heat recovery steam generators (HRSG’s) with SCR reactors; one nominal 428 mmBtu/hour (LHV) gas-fired duct burner located within each of the three HRSG’s; three 149 feet exhaust stacks; one 26 cell mechanical draft cooling tower; and a common nominal 500 MW steam-electrical generator. Additional ancillary equipment will include: four emergency generators; two natural gas fired fuel heaters; two diesel fuel storage tanks; two auxiliary steam boilers; and other associated support equipment. {Note: Throughout this permit, the electrical generating capacities represent nominal values for the given operating conditions.} NEW EMISSIONS UNITS This permit authorizes construction and installation of the following new emissions units. [Eien a Deeron Unit 1A — one nominal 250 MW gas turbine with supplementary-fired heat recovery steam generator Unit 1B — one nominal 250 MW gas turbine with supplementary-fired heat recovery steam generator Unit 1C — one nominal 250 MW gas turbine with supplementary-fired heat recovery steam generator Unit 2A — one nominal 250 MW gas turbine with supplementary-fired heat recovery steam generator Unit 2B — one nominal 250 MW gas turbine with supplementary-fired heat recovery steam generator | 006 | Unit 2C — one nominal 250 MW gas turbine with supplementary-fired heat recovery steam generator Two nominal 6.3 million distillate fuel oil storage tanks* 10 009 Two nominal 85,000 Tor (9.8 MOMBAu aniiaryboiles 010 One emergency diesel fire pump engine (< 300 hp) and 500 gallon fuel oil storage tank * This capacity will allow approximately 108 hours of on-site oil storage REGULATORY CLASSIFICATION Title III: This facility will be major for hazardous air pollutants (HAPs). Title IV: The facility will operate emissions units subject to the acid rain provisions of the Clean Air Act. Title V: Because potential emissions of at least one regulated pollutant exceed 100 tons per year, the new facility is a Title V major source of air pollution in accordance with Chapter 62-213, F.A.C. Regulated pollutants include pollutants such as carbon monoxide (CO), nitrogen oxides (NOx), particulate matter (PM/PM),), sulfur dioxide (SO;), and volatile organic compounds (VOC). FPL West County Energy Center Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 2 of 24 SECTION I. GENERAL INFORMATION PSD: The facility is located in an area designated as “attainment,” “maintenance,” or “unclassifiable” for each pollutant subject to a National Ambient Air Quality Standard. The facility is considered a “fossil fuel fired steam electric plant of more than 250 million BTU per hour of heat input”, which is one of the 28 PSD source categories with the lower PSD applicability threshold of 100 tons per year. Potential emissions of at least one regulated pollutant exceed 100 tons per year. Therefore, the facility is classified as a PSD-major source of air pollution with respect to Rule 62-212.400, F.A.C., Prevention of Significant Deterioration (PSD) of Air Quality. NSPS: This project is subject to applicable requirements of 40 CFR 60, NSPS-Subpart KKKK (Standards of Performance for Stationary Combustion Turbines for Which Construction is Commenced After February 18, 2005). This project is also subject to applicable requirements of 40 CFR 60, NSPS-Subpart Dc (Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units) and to 40 CFR 60, NSPS- Subpart III - Standards of Performance for Stationary Compression Ignition Internal Combustion Engines (ICE). NESHAPs: This project is subject to applicable requirements of 40 CFR 63, Subpart YYYY, National Emissions Standards for Hazardous Air Pollutants for Stationary Combustion Gas Turbines. This project is also subject to applicable requirements of 40 CFR 63, Subpart ZZZZ, National Emissions Standards for Reciprocating Internal Combustion Engines (RICE); and to 40 CFR 63, Subpart DDDDD National Emissions Standards for Industrial, Commercial, or Institutional Boilers and Process Heaters. Siting: The facility is subject to Electrical Power Plant Siting in accordance with Chapter 62-17, F.A.C. and Chapter 403, Part Il, F.S. PERMITTING AUTHORITY All documents related to applications for permits to construct, operate or modify an emissions unit shall be submitted to the Bureau of Air Regulation of the Florida Department of Environmental Protection (DEP) at 2600 Blair Stone Road (MS #5505), Tallahassee, Florida 32399-2400. Copies of all such documents shall also be submitted to the Compliance Authority. COMPLIANCE AUTHORITY All documents related to compliance activities such as reports, tests, and notifications shall be submitted to the Department of Environmental Regulation Southeast District office (DEP-SED), 400 North Congress Avenue, Suite 200, West Palm Beach, FL 33401. APPENDICES The following Appendices are attached as part of this permit. Appendix A: Subparts A from NSPS 40 CFR 60 and NESHAP 40 CFR 63; Identification of General Provisions. Appendix BD: Final BACT Determinations and Emissions Standards. Appendix Dc: NSPS Requirements for Small Steam Generating Units, 40 CFR 60, Subpart De. Appendix DDDDD: NESHAP Requirements for Industrial, Commercial, and Institutional Boilers and Process Heaters, 40 CFR 63, Subpart DDDDD. Appendix GC: General Conditions. Appendix ITII: NSPS Requirements for Compression Ignition Internal Combustion Engines (ICE). Appendix KKKK: NSPS Requirements for Gas Turbines, 40 CFR 60, Subpart KKKK. Appendix SC: Standard Conditions. Appendix XS: Semiannual NSPS Excess Emissions Report. Appendix YYYY: NESHAP Requirements for Gas Turbines, 40 CFR 63, Subpart YYYY. FPL West County Energy Center Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 3 of 24 SECTION I. GENERAL INFORMATION Appendix ZZZZ: NESHAP Requirements for Stationary Reciprocating Internal Combustion Engines, 40 CFR 63, Subpart ZZZZ. RELEVANT DOCUMENTS The documents listed below are not a part of this permit; however, they are specifically related to this permitting action and are on file with the Department. Permit application received on April 14, 2005; Department PSD Application Sufficiency comments dated June 13, 2005; Sufficiency Responses received August 12, 2005; Letter from FPL to DEP dated December 29, 2005 regarding equipment selection, capacities, etc.; Draft permit package issued on March 1, 2006; FPL’s comments on the Draft Permit and TEPD received March 31, 2006; Oo ond o oO 2 G4 Public Meeting comments received at the Royal Palm Beach Cultural Center on April 19, 2006 and by e- mails, telephone and letters; : U The Final Order of the Siting Board approving Certification dated December 26, 2006; and OQ Final Determination distributed concurrently with Final PSD Permit. FPL West County Energy Center ' Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 4 of 24 SECTION II. ADMINISTRATIVE REQUIREMENTS 1. General Conditions: The permittee shall operate under the attached General Conditions listed in Appendix GC of this permit. General Conditions are binding and enforceable pursuant to Chapter 403 of the Florida Statutes. [Rule 62-4.160, F.A.C.] 2. Applicable Regulations, Forms and Application Procedures: Unless otherwise indicated in this permit, the construction and operation of the subject emissions unit shall be in accordance with the capacities and specifications stated in the application. The facility is subject to all applicable provisions of: Chapter 403 of the Florida Statutes (F.S.); Chapters 62-4, 62-204, 62-210, 62-212, 62-213, 62-296, and 62-297 of the Florida Administrative Code (F.A.C.); and the Title 40, Parts 51, 52, 60, 63, 72, 73, and 75 of the Code of Federal Regulations (CFR), adopted by reference in Rule 62-204.800, F.A.C. The terms used in this permit have specific meanings as defined in the applicable chapters of the Florida Administrative Code. The permittee shall use the applicable forms listed in Rule 62-210.900, F.A.C. and follow the application procedures in Chapter 62-4, F.A.C. Issuance of this permit does not relieve the permittee from compliance with any applicable federal, state, or local permitting or regulations. [Rules 62-204.800, 62-210.300 and 62-210.900, F.A.C.] 3. Construction and Expiration: The permit expiration date includes sufficient time to complete construction, perform required testing, submit test reports, and submit an application for a Title V operation permit to the Department. Approval to construct shall become invalid for any of the following reasons: construction is not commenced within 18 months after issuance of this permit; construction is discontinued for a period of 18 months or more; or construction is not completed within a reasonable time. The Department may extend the 18-month period upon a satisfactory showing that an extension is justified. In conjunction with an extension of the 18-month period to commence or continue construction (or to construct the project in phases), the Department may require the permittee to demonstrate the adequacy of any previous determination of Best Available Control Technology (BACT) for emissions units regulated by the project. For good cause, the permittee may request that this PSD air construction permit be extended. Such a request shall be submitted to the Department’s Bureau of Air Regulation at least sixty (60) days prior to the expiration of this permit. [Rules 62-4.070(4), 62-4.080, 62-210.300(1), and 62-212.400(6)(b), F.A.C.] 4. New or Additional Conditions: For good cause shown and after notice and an administrative hearing, if requested, the Department may require the permittee to conform to new or additional conditions. The Department shall allow the permittee a reasonable time to conform to the new or additional conditions, and on application of the permittee, the Department may grant additional time. [Rule 62-4.080, F.A.C.] 5. Modifications: No emissions unit or facility subject to this permit shall be constructed or modified without obtaining an air construction permit from the Department. Such permit shall be obtained prior to beginning construction or modification. [Chapters 62-210 and 62-212, F.A.C.] 6. Application for Title IV Permit: At least 24 months before the date on which the new units begin serving an electrical generator greater than 25 MW, the permittee shall submit an application for a Title IV Acid Rain Permit to the Department’s Bureau of Air Regulation in Tallahassee and a copy to the Region 4 Office of the U.S. Environmental Protection Agency in Atlanta, Georgia. [40 CFR 72] 7. Application for Title V Permit: The permittee shall submit an application, pursuant to Chapter 62-213, F.A.C, for a Title V air operation permit at least 90 days before the expiration of this permit, but no later than 180 days after commencing operation of the new units. To apply for a Title V operation permit, the applicant shall submit the appropriate application form, compliance test results, a Compliance Assurance Monitoring Plan (as necessary), and such additional information as the Department may by law require. a FPL West County Energy Center Project No, 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 5 of 24 SECTION III - EMISSIONS UNITS SPECIFIC CONDITIONS A.. COMBINED CYCLE UNITS 1 AND 2— GAS TURBINES (EUs 001, 002, 003, 004, 005, and 006) This section of the permit addresses the following emissions units. Combined Cycle Units 1 and 2 and associated equipment Description: Emissions units 001, 002, 003, 004, 005, and 006. Each emission unit consists of: a Model 501G combustion gas turbine-electrical generator set with automated gas turbine control, inlet air filtration system and evaporative cooling, a gas-fired heat recovery steam generator (HRSG) with duct burner, a HRSG stack, and associated support equipment. Each combined cycle unit is comprised of three of the described emission units. The project also includes two steam turbine-electrical generators, each of which serves a combined cycle unit. Fuels: Each gas turbine fires natural gas as the primary fuel and ultra low sulfur distillate fuel oil as a restricted alternate fuel. Generating Capacity: Each of the six gas turbine-electrical generator sets has a nominal generating capacity of 250 MW. Each of the two steam turbine-electrical generators has a nominal generating capacity of 500 MW. The total nominal generating capacity of each of the “3 on 1” combined cycle unit is approximately 1,250 MW. The total nominal generating capacity of the proposed project is 2,500 MW. Controls: The efficient combustion of natural gas and restricted firing of ultra low sulfur distillate fuel oi! minimizes the emissions of CO, PM/PMjo, SAM, SO, and VOC. Dry Low-NOx (DLN) combustion technology for gas firing and water injection for oil firing reduce NOx emissions. A selective catalytic reduction (SCR) system further reduces NOx emissions. Stack Parameters: Each HRSG has a stack at least 149 feet tall with a nominal diameter of 22 feet. The Department may require the permittee to perform additional air dispersion modeling should the actual specified stack dimensions change. The following summarizes the exhaust characteristics without the duct burners: : Compressor Exhaust Flow Rate Fuel Heat Input Rate (LHV) Inlet Temp. Temp., °F ACEM 195° F 293°F Gas Oil 59°F 59°F 1,330,197 1,533,502 2,333 MMBtu/hour 2,117 MMBtu/hour Continuous Monitors: Each stack is equipped with continuous emissions monitoring systems (CEMS) to measure and record CO and NOx emissions as well as flue gas oxygen or carbon dioxide content. APPLICABLE STANDARDS AND REGULATIONS 1. BACT Determinations: Determinations of the Best Available Control Technology (BACT) were made for carbon monoxide (CO), nitrogen oxides (NOx), particulate matter (PM/PM{o), sulfuric acid mist (SAM), sulfur dioxide (SO) and volatile organic compounds (VOC). See Appendix BD of this permit for a summary of the final BACT determinations. [Rule 62-212.400(BACT), F.A.C.] 2. NSPS Requirements: The combustion turbines shall comply with all applicable requirements of 40 CFR 60, listed below, adopted by reference in Rule 62-204.800(7)(b), F.A.C. The Department determines that - compliance with the BACT emissions performance requirements also assures compliance with the New Source Performance Standards given in 40 CFR 60, Subpart KKKK. Some separate reporting and monitoring may be required by the individual subparts. a Subpart A, General Provisions, including: O 40 CFR 60.7, Notification and Record Keeping O 40 CFR 60.8, Performance Tests FPL West County Energy Center Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 6 of 24 SECTION III - EMISSIONS UNITS SPECIFIC CONDITIONS A. COMBINED CYCLE UNITS 1 AND 2- GAS TURBINES (EUs 001, 002, 003, 004, 005, and 006) QO 40 CFR 60.11, Compliance with Standards and Maintenance Requirements 0 40 CFR 60.12, Circumvention 0) 40 CFR 60.13, Monitoring Requirements 4 40 CFR 60.19, General Notification and Reporting Requirements b Subpart KKKK, Standards of Performance for Stationary Gas Turbines: These provisions include standards for combustion gas turbines and duct burners. 3. NESHAP Requirements: The combustion turbines are subject to 40 CFR 63, Subpart A, Identification of General Provisions and 40 CFR 63, Subpart YYYY, National Emissions Standard for Hazardous Air Pollutants for Stationary Combustion Gas Turbines. The project must comply with the Initial Notification requirements set forth in Sec. 63.6145 but need not comply with any other requirement of Subpart YYYY until EPA takes final action to require compliance and publishes a document in the Federal Register. (Reference: Appendix YYYY and Appendix A, NESHAP Subpart A of this permit). EQUIPMENT AND CONTROL TECHNOLOGY 4. Gas Turbines: The permittee is authorized to install, tune, operate, and maintain six Model 501G gas turbine-electrical generator sets each with a nominal generating capacity of 250 MW. Each gas turbine shall include an automated gas turbine control system and have dual-fuel capability. Ancillary equipment includes an inlet air filtration system and an evaporative inlet air-cooling system. The gas turbines will utilize DLN combustors. [Application; Design] 5. HRSGs: The permittee is authorized to install, operate, and maintain six new heat recovery steam generators (HRSGs) with separate HRSG exhaust stacks. Each HRSG shall be designed to recover exhaust heat energy from one of the six gas turbines (1A to 1C and 2A to 2C) and deliver. steam to one of the two steam turbine electrical generators. Each HRSG may be equipped with a gas-fired duct bummer having a nominal heat input rate of 428 MMBtu per hour (LHV). 6. Gas Turbine/Supplementary-fired HRSG Emission Controls a. DLN Combustion: The permittee shall operate and maintain the DLN system to control NOx emissions from each gas turbine when firing natural gas. Prior to the initial emissions performance tests required for each gas turbine, the DLN combustors and automated gas turbine control system shall be tuned to achieve sufficiently low CO and NOx values to meet the CO and NOx limits with the additional SCR control technology described below. Thereafter, each system shall be maintained and tuned in accordance with the manufacturer’ s recommendations. b. Water Injection: The permittee shall install, operate, and maintain a water injection system to reduce NOx emissions from each gas turbine when firing distillate fuel oil. Prior to the initial emissions performance tests required for each gas turbine, the water injection system shall be tuned to achieve sufficiently low CO and NOx values to meet the CO and NOx limits with the additional SCR control technology described below. Thereafter, each system shall be maintained and tuned in accordance with the manufacturer’s recommendations. c. Selective Catalytic Reduction (SCR) System: The permittee shall install, tune, operate, and maintain an SCR system to control NOx emissions from each gas turbine when firing either natural gas or distillate fuel oil. The SCR system consists of an ammonia (NH) injection grid, catalyst, ammonia storage, monitoring and control system, electrical, piping and other ancillary equipment. The SCR system shall be designed, constructed and operated to achieve the permitted levels for NOx and NH; emissions. d. Oxidation Catalyst: The permittee shall design and build the project to facilitate possible future installation of oxidation catalyst system to control CO emissions from each gas combustion i | FPL West County Energy Center Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 7 of 24 SECTION III - EMISSIONS UNITS SPECIFIC CONDITIONS ‘A. COMBINED CYCLE UNITS 1 AND 2 — GAS TURBINES (EUs 001, 002, 003, 004, 005, and 006) turbine/supplementary-fired heat recovery steam generator. The permittee may install the oxidation catalyst during project construction or, after notifying the Department, at a future date as described in Specific Condition 12.h. e. Ammonia Storage: In accordance with 40 CFR 60.130, the storage of ammonia shall comply with all applicable requirements of the Chemical Accident Prevention Provisions in 40 CFR 68. (Design; Rule 62-212.400(BACT), F.A.C.] PERFORMANCE RESTRICTIONS 7. 10. 11. Permitted Capacity - Gas Turbines: The nominal heat input rate to each gas turbine is 2,333 MMBtu per hour when firing natural gas and 2,117 MMButu per hour when firing distillate fuel oil (based on a compressor inlet air temperature of 59° F, the lower heating value (LHV) of each fuel, and 100% load). Heat input rates will vary depending upon gas turbine characteristics, ambient conditions, alternate methods of operation, and evaporative cooling. The permittee shall provide manufacturer’s performance curves (or equations) that correct for site conditions to the Permitting and Compliance Authorities within 45 days of completing the initial compliance testing. Operating data may be adjusted for the appropriate site conditions in accordance with the performance curves and/or equations on file with the Department. [Rule 62-210.200(PTE), F.A.C.] Permitted Capacity - HRSG Duct Bumers: The total nominal heat input rate to the duct burners for each HRSG is 428 MMBtu per hour based on the lower heating value (LHV) of natural gas. Only natural gas shall be fired in the duct burners. {Rule 62-210.200(PTE), F.A.C.] Authorized Fuels: The gas turbine shall fire natural gas as the primary fuel, which shall contain no more than 2.0 grains of sulfur per 100 standard cubic feet of natural gas. Asa restricted alternate fuel, the gas turbine may fire ultra low sulfur distillate fuel oil containing no more than 0.0015% sulfur by weight. Each gas turbine shall fire no more than 500 hours of fuel oil, during any calendar year. [Rules 62-210.200(PTE) and 62-212.400 (BACT), F.A.C.] Hours of Operation: Subject to the operational restrictions of this permit, the gas turbines may operate throughout the year (8760 hours per year). Restrictions on individual methods of operation are specified below. Methods of Operation: Subject to the restrictions and requirements of this permit, the gas turbines may operate under the following methods of operation. a. Combined Cycle Operation: Each gas turbine/HRSG system may operate to produce direct, shaft- driven electrical power and steam-generated electrical power from the steam turbine-electrical generator as a three-on-one combined cycle unit subject to the restrictions of this permit. Tn accordance with the specifications of the SCR and HRSG manufacturers, the SCR system shall be on line and functioning properly during combined cycle operation or when the HRSG is producing steam. b. Inlet Conditioning: In accordance with the manufacturer’s recommendations and appropriate ambient conditions, the evaporative cooling system may be operated to reduce the compressor inlet air . temperature and provide additional direct, shaft-driven electrical power. c. Duct Firing: When firing natural gas, each HRSG system may fire natural gas in the duct burners to provide additional steam-generated electrical power. The total combined heat input rate to the duct burners (all six HRSGs) shall not exceed 7,395,840 MMBtu (LHV) during any consecutive 12 months. [Application; Rules 62-21 0.200(PTE) and 62-21 2.400(BACT), F.A.C.] FPL West County Energy Center Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 8 of 24 SECTION III - EMISSIONS UNITS SPECIFIC CONDITIONS A. COMBINED CYCLE UNITS 1 AND 2- GAS TURBINES (EUs 001, 002, 003, 004, 005, and 006) EMISSIONS STANDARDS 12. Emissions Standards: Emissions from each gas turbine shall not exceed the following standards. CEMS Block Average ppmvd @ 15% O» Stack Test, 3-Run Average Pollutant Fuel " Method of Operation Combustion Turbine (CT) 8.0, 24-hr CT & Duct Burner (DB) 6, 12-month " CT Normal CT 8.0, 24-hr NOx? CT & DB 2.0, 24-hr CT Normal : 2 gr S/100SCF of gas, 0.0015% sulfur fuel oi! ¢ | o; adn | PM/PMo® | Oil/Gas | All Modes Visible emissions shall not exceed 10% opacity for each 6-minute block average. SAM/SO,! | Oil/Gas | All Modes 2 er S/100 SCF of gas, 0.0015% sulfur fuel oil Oil cT voc' |¢,, _ | CT&DB NA CT Normal Ammonia‘ | Oil/Gas_| CT, All Modes NA a. Compliance with the continuous 24-hour CO standards shall be demonstrated based on data collected by the required CEMS. The initial and annual EPA Method 10 tests associated with the certification of the CEMS instruments shall also be used to demonstrate compliance with the individual standards for natural gas, fuel oil, and basic duct burner modes. The stacks test limits apply only at high load (90-100% of the combustion turbine capacity). b. Compliance with the continuous NOx standards shall be demonstrated based on data collected by the required CEMS. The initial and annual EPA Method 7E or Method 20 tests associated with demonstration of compliance with 40 CFR 60, Subpart KKKK or certification of the CEMS instruments shall also be used to demonstrate compliance with the individual standards for natural gas, fuel oil, and duct bumer modes during the time of those tests. NOx mass emission rates are defined as oxides of nitrogen expressed as NO>. c. The sulfur fuel specifications combined with the efficient combustion design and operation of each gas turbine represents (BACT) for PM/PM)o emissions. Compliance with the fuel specifications, CO standards, and visible emissions standards shall serve as indicators of good combustion. Compliance with the fuel specifications shall be demonstrated by keeping records of the fuel sulfur content. Compliance with the visible emissions standard shall be demonstrated by conducting tests in accordance with EPA Method 9. d. The fuel sulfur specifications effectively limit the potential emissions of SAM and SO, from the gas turbines and represent BACT for these pollutants. Compliance with the fuel sulfur specifications shall be determined by the ASTM methods for determination of fuel sulfur as detailed in the permit. e. Compliance with the VOC standards shall be demonstrated by conducting tests in accordance with EPA Method 25A. Optionally, EPA Method 18 may also be performed to deduct emissions of methane and ethane. The emission standards are based on VOC measured as methane. The limits apply only at high load (90-100% of the ee FPL West County Energy Center Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 9 of 24 13. SECTION III - EMISSIONS UNITS SPECIFIC CONDITIONS A. COMBINED CYCLE UNITS 1 AND 2- GAS TURBINES (EUs 001, 002, 003, 004, 005, and 006) combustion turbine capacity). Compliance with the CO CEMS based limits at lower loads shall be deemed as compliance with the VOC limit. f. Compliance with the ammonia slip standard shall be demonstrated by conducting tests in accordance with EPA Method CTM-027. g. The mass emission rate standards are based on a turbine inlet condition of 59° F and may be adjusted to actual test conditions in accordance with the performance curves and/or equations on file with the Department. h. Rolling Average. Enforcement discretion may be exercised for up to 12 months with respect to the 6 ppmvd @15% O) limit for any combustion turbine/supplementary-fired heat recovery steam generator upon notification by the permittee of intent to install the oxidation catalyst. The permittee shall have 12 months to complete the oxidation catalyst installation. After completing the installation of the catalyst all prior partial or complete calendar months shall be excluded from the 12-month rolling average. {“DB” means duct burning. “SCR” means selective catalytic reduction. “NA” means not applicable}. [Rule 62-212.400(BACT), F.A.C.] Duct Burners: The duct burners are also subject to the provisions of Subpart KKKK of the New Source Performance Standards in 40 CFR 60, which are summarized in Appendix KKKK. {Permitting Note: The BACT limits applicable during duct firing are much more stringent than the standards of NSPS Subpart KKKK for duct burners. Therefore, compliance with the BACT limits insures compliance with the emission limitations in Subpart KKKK.} [40 CFR 60, Subpart KKKK] ~ EXCESS EMISSIONS {Permitting Note: The following conditions apply only to the SIP-based emissions standards specified in Condition No. 12 of this section. Rule 62-210.700, F.A.C. (Excess Emissions) cannot vary or supersede any federal provision of the NSPS, or Acid Rain programs.} 14. 15. 16. 17. Operating Procedures: The Best Available Control Technology (BACT) determinations established by this permit rely on “good operating practices” to reduce emissions. Therefore, all operators and supervisors shall be properly trained to operate and maintain the gas turbines, HRSGs, and pollution control systems in accordance with the guidelines and procedures established by each manufacturer. The training shall include good operating practices as well as methods of minimizing excess emissions. [Rules 62-4.070(3) and 62-212.400(BACT), F.A.C.] Alternate Visible Emissions Standard: Visible emissions due to startups, shutdowns, and malfunctions shall not exceed 10% opacity except for up to ten, 6-minute averaging periods during a calendar day, which shall not exceed 20% opacity. [Rule 62-212.400(BACT), F.A.C.] Definitions a. Startup is defined as the commencement of operation of any emissions unit which has shut down or ceased operation for a period of time sufficient to cause temperature, pressure, chemical or pollution control device imbalances, which result in excess emissions. [Rule 62-210.200(245), F.A.C.] b. Shutdown is the cessation of the operation of an emissions unit for any purpose. [Rule 62-210.200(230), F.A.C.] c. Malfunction is defined as any unavoidable mechanical and/or electrical failure of air pollution control equipment or process equipment or of a process resulting in operation in an abnormal or unusual manner. [Rule 62-210.200(159), F.A.C.] , Excess Emissions Prohibited: Excess emissions caused entirely or in part by poor maintenance, poor operation or any other equipment or process failure that may reasonably be prevented during startup, FPL West County Energy Center Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 10 of 24 18. 19, 20. SECTION III - EMISSIONS UNITS SPECIFIC CONDITIONS A. COMBINED CYCLE UNITS 1 AND 2 - GAS TURBINES (EUs 001, 002, 003, 004, 005, and 006) shutdown or malfunction shall be prohibited. All such preventable emissions shall be included in any compliance determinations based on CEMS data. [Rule 62-210.700(4), F.A.C.] Excess Emissions Allowed: As specified in this condition, excess emissions resulting from startup, shutdown, oil-to-gas fuel switches and documented malfunctions are allowed provided that operators employ the best operational practices to minimize the amount and duration of emissions during such incidents. For each gas turbine/HRSG system, excess emissions resulting from startup, shutdown, or documented malfunctions shall not exceed two hours in any 24-hour period except for the specific cases listed below. A “documented malfunction” means a malfunction that is documented within one working day of detection by contacting the Compliance Authority by telephone, facsimile transmittal, or electronic mail. a. Steam Turbine/HRSG System Cold Startup: For cold startup of the steam turbine system, excess emissions from any gas turbine/HRSG system shall not exceed eight hours in any 24-hour period. A cold “startup of the steam turbine system” is defined as startup of the 3-on-1 combined cycle system following a shutdown of the steam turbine lasting at least 48 hours. {Permitting Note: During a cold startup of the steam turbine system, each gas turbine/HRSG system is sequentially brought on line at low load to gradually increase the temperature of the steam-electrical turbine and prevent thermal metal fatigue. Note that shutdowns and documented malfunctions are separately regulated in accordance with the requirements of this condition.} b. Shutdown Combined Cycle Operation: For shutdown of the combined cycle operation, excess emissions from any gas turbine/HRSG system shall not exceed three hours in any 24-hour period. c. Gas Turbine/HRSG System Cold Startup: For cold startup of a gas turbine/HRSG system, excess emissions shall not exceed four hours in any 24-hour period. “Cold startup of a gas turbine/HRSG system” is defined as a startup after the pressure in the high-pressure (HP) steam drum falls below 450 psig for at least a one-hour period. d. Fuel Switching: For fuel switching, excess emissions shall not exceed 2 hours in any 24-hour period. Ammonia Injection: Ammonia injection shall begin as soon as operation of the gas turbine/HRSG system achieves the operating parameters specified by the manufacturer. As authorized by Rule 62-210.700(5), F.A.C., the above conditions allow excess emissions only for specifically defined periods of startup, shutdown, fuel switching, and documented malfunction of the gas turbines. [Design; Rules 62-212.400(BACT) and 62-210.700, F.A.C.] DLN Tuning: CEMS data collected during initial or other major DLN tuning sessions shall be excluded from the CEMS compliance demonstration provided the tuning session is performed in accordance with the manufacturer’s specifications. A “major tuning session” would occur after completion of initial construction, a combustor change-out, a major repair or maintenance to a combustor, or other similar circumstances. Prior to performing any major tuning session, the permittee shall provide the Compliance Authority with an advance notice of at least 14 days that details the activity and proposed tuning schedule. The notice may be by telephone, facsimile transmittal, or electronic mail. : [Design; Rule 62-4.070(3), F.A.C.] FPL West County Energy Center Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 11 of 24 SECTION IE - EMISSIONS UNITS SPECIFIC CONDITIONS A. COMBINED CYCLE UNITS 1 AND 2 — GAS TURBINES (EUs 001, 002, 003, 004, 005, and 006) EMISSIONS PERFORMANCE TESTING 21. Test Methods: Any required tests shall be performed in accordance with the following reference methods. Method | Description of Method and Comments Procedure for Collection and Analysis of Ammonia in Stationary Source CTM-027 {Notes: This is an EPA conditional test method. The minimum detection limit shall be 1 ppm.} TE Determination of Nitrogen Oxide Emissions from Stationary Sources 9 Visual Determination of the Opacity of Emissions from Stationary Sources Determination of Carbon Monoxide Emissions from Stationary Sources {Notes: The method shall be based on a continuous sampling train.} Measurement of Gaseous Organic Compound Emissions by Gas Chromatography 18 {Note: EPA Method 18 may be used (optional) concurrently with EPA Method 25A to deduct emissions of methane and ethane from the measured VOC emissions. } Determination of Nitrogen Oxides, Sulfur Dioxide and Diluent Emissions from Stationary Gas Turbines Determination of Volatile Organic Concentrations Method CTM-027 is published on EPA’s Technology Transfer Network Web Site at www.epa.gov/ttn/eme/ctm.html The other methods are described in Appendix A of 40 CFR 60, adopted by reference in Rule 62-204.800, F.A.C. No other methods may be used unless prior written approval is received from the Department. [Rules 62-204.800, F.A.C.; 40 CFR 60, Appendix A] 22. Initial Compliance Determinations: Each gas turbine shall be stack tested to demonstrate initial compliance with the emission standards for CO, NOx, VOC, visible emissions, and ammonia slip. The tests shall be conducted within 60 days after achieving the maximum production rate at which the unit will be operated, but not later than 180 days after the initial startup of each unit configuration. Each unit shall be tested when firing natural gas, when using the duct burners and when firing distillate fuel oil. Referenced method data collected during the required Relative Accuracy Test Audits (RATAs) may be used to demonstrate compliance with the initial CO and NOx standards. With appropriate flow measurements (or fuel measurements and approved F-factors), CEMS data may be used to demonstrate compliance with the CO and NOx mass rate emissions standards. CO and NOx emissions recorded by the CEMS shall also be reported for each run during tests for visible emissions, VOC and ammonia slip. The Department may require the permittee to conduct additional tests after major replacement or major repair of any air pollution control equipment, such as the SCR catalyst, oxidation catalyst, DLN combustors, etc. [Rule 62-297.310(7)(a)1, F.A.C. and 40 CFR 60.8] 23, Continuous Compliance: The permittee shall demonstrate continuous compliance with the 24-hour CO and NOx emissions standards based on data collected by the certified CEMS. Within 45 days of conducting any RATA ona CEMS, the permittee shall submit a report to the Compliance Authority summarizing results of the RATA. Compliance with the CO emission standards also serves as an indicator of efficient fuel combustion and oxidation catalyst operation, which reduces emissions of particulate matter and volatile organic compounds. The Department also reserves the right to use data from the continuous monitoring record and from annual RATA tests to determine compliance with the short term CO and NOx limits for each method of operation given in Condition 12 above. [Rule 62-212.400 (BACT), F.A.C.] 24. Annual Compliance Tests: During each federal fiscal year (October 1* to September 30"), each gas turbine shall be tested to demonstrate compliance with the emission standards for visible emissions. NOx and CO emissions data collected during the required continuous monitor Relative Accuracy Test Audits (RATAs) may be used to demonstrate compliance with the CO and NO, standards. Annual testing to determine the ammonia slip shall be conducted while firing the primary fuel. NOx emissions recorded by the CEMS shall FPL West County Energy Center Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 12 of 24 SECTION III - EMISSIONS UNITS SPECIFIC CONDITIONS A. COMBINED CYCLE UNITS 1 AND 2-— GAS TURBINES (EUs 001, 002, 003, 004, 005, and 006) be reported for each ammonia slip test run. CO emissions recorded by the CEMS shall be reported for the visible emissions observation period. {Permitting Note: After initial compliance with the VOC standards is demonstrated, annual compliance tests for VOC emissions are not required. Compliance with the continuously monitored CO standards shall indicate efficient combustion and low VOC emissions. The Department retains the right to require VOC testing if CO limits are exceeded or for the reasons given in Appendix SC, Condition 17, Special Compliance Tests.} {Rules 62-212.400 (BACT) and 62-297.310(7)(a)4, F.A.C.] CONTINUOUS MONITORING REQUIREMENTS 25. CEM Systems: The permittee shall install, calibrate, maintain, and operate continuous emission monitoring systems (CEMS) to measure and record the emissions of CO and NOx from the combined cycle gas turbine in a manner sufficient to demonstrate continuous compliance with the CEMS emission standards of this section. Each monitoring system shall be installed, calibrated, and properly functioning prior to the initial performance tests. Within one working day of discovering emissions in excess of a CO or NOx standard (and subject to the specified averaging period), the permittee shall notify the Compliance Authority. a. CO Monitors. The CO monitors shall be certified pursuant to 40 CFR 60, Appendix B, Performance Specification 4 or 4A. Quality assurance procedures shall conform to the requirements of 40 CFR 60, Appendix F, and the Data Assessment Report of Section 7 shall be made each calendar quarter, and reported semiannually to the Compliance Authority. The RATA tests required for the CO monitor shall be performed using EPA Method 10 in Appendix A of 40 CFR 60 and shall be based on a continuous sampling train. The CO monitor span values shall be set appropriately considering the allowable methods of operation and corresponding emission standards. b. NOx Monitors. Each NOx monitor shall be certified, operated, and maintained in accordance with the requirements of 40 CFR 75. Record keeping and reporting shall be conducted pursuant to Subparts F and G in 40 CFR 75. The RATA tests required for the NOx monitor shall be performed using EPA Method 20 or 7E in Appendix A of 40 CFR 60. c. Diluent Monitors. The oxygen (O;) or carbon dioxide (CO,) content of the flue gas shall be monitored at the location where CO and NOx are monitored to correct the measured emissions rates to 15% oxygen. Ifa CO, monitor is installed, the oxygen content of the flue gas shall be calculated using F- factors that are appropriate for the fuel fired. Each monitor shall comply with the performance and quality assurance requirements of 40 CFR 75. 26. CEM Data Requirements: a. Data Collection: Emissions shall be monitored and recorded at all times including startup, operation, shutdown, and malfunction except for continuous monitoring system breakdowns, repairs, calibration checks, and zero and span adjustments. The CEMS shall be designed and operated to sample, analyze, and record data evenly spaced over an hour. If the CEMS measures concentration on a wet basis, the CEM system shall include provisions to determine the moisture content of the exhaust gas and an algorithm to enable correction of the monitoring results to a dry basis (0% moisture). Alternatively, the owner or operator may develop through manual stack test measurements a curve of moisture contents in the exhaust gas versus load for each allowable fuel, and use these typical values in an algorithm to enable correction of the monitoring results to a dry basis (0% moisture). Final results of the CEMS shall be expressed as ppmvd corrected to 15% oxygen. The CEMS shall be used to demonstrate compliance with the CEMS emission standards for CO and NOx as specified in this permit. For purposes of determining compliance with the CEMS emissions standards of this permit, missing (or FPL West County Energy Center Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 13 of 24 SECTION III - EMISSIONS UNITS SPECIFIC CONDITIONS A. COMBINED CYCLE UNITS 1 AND 2 — GAS TURBINES (EUs 001, 002, 003, 004, 005, and 006) excluded) data shall not be substituted. Upon request by the Department, the CEMS emission rates shall be corrected to ISO conditions. b. Valid Hour: Hourly average values shall begin at the top of each hour. Each hourly average value shall be computed using at least one data point in each fifteen-minute quadrant of an hour, where the unit combusted fuel during that quadrant of an hour. Notwithstanding this requirement, an hourly value shall be computed from at least two data points separated by a minimum of 15 minutes (where the unit operates for more than one quadrant of an hour). If less than two such data points are available, the hourly average value is not valid. An hour in which any oil is fired is attributed towards compliance with the permit standards for oil firing. The permittee shall use all valid measurements or data points collected during an hour to calculate the hourly average values. c. 24-hour Block Averages: A 24-hour block shall begin at midnight of each operating day and shall be calculated from 24 consecutive hourly average emission rate values. If a unit operates less than 24 hours during the block, the 24-hour block average shall be the average of all available valid hourly average emission rate values for the 24-hour block. For purposes of determining compliance with the 24-hour CEMS standards, the missing data substitution methodology of 40 CFR Part 75, subpart D, shall not be utilized. Instead, the 24-hour block average shall be determined using the remaining hourly data in the 24-hour block. [Rule 62-212.400(BACT), F.A.C.] {Permitting Note: There may be more than one 24-hour compliance demonstration required Jor CO and NOx emissions depending on the use of alternate methods of operation} d. Data Exclusion: Each CEMS shall monitor and record emissions during all operations including episodes of startup, shutdown, malfunction, fuel switches and DLN tuning. Some of the CEMS emissions data recorded during these episodes may be excluded from the corresponding CEMS compliance demonstration subject to the provisions of Condition Nos. 17 and 18 of this section. All periods of data excluded shall be consecutive for each such episode and only data obtained during the described episodes (startup, shutdown, malfunction, fuel switches, DLN tuning) may be used for the appropriate exclusion periods. The permittee shall minimize the duration of data excluded for such episodes to the extent practicable. Data recorded during such episodes shall not be excluded if the episode was caused entirely or in part by poor maintenance, poor operation, or any other equipment or process failure, which may reasonably be prevented. Best operational practices shall be used to minimize hourly emissions that occur during such episodes. Emissions of any quantity or duration that occur entirely or in part from poor maintenance, poor operation, or any other equipment or process failure, which may reasonably be prevented, shall be prohibited. e. Availability: Monitor availability for the CEMS shall be 95% or greater in any calendar quarter. The quarterly excess emissions report shall be used to demonstrate monitor availability. In the event 95% availability is not achieved, the permittee shall provide the Department with a report identifying the problems in achieving 95% availability and a plan of corrective actions that will be taken to achieve 95% availability. The permittee shall implement the reported corrective actions within the next calendar quarter. Failure to take corrective actions or continued failure to achieve the minimum monitor availability shall be violations of this permit, except as otherwise authorized by the Department’s Compliance Authority. [Rule 62-297.520, F.A.C.; 40 CFR 60.7(a)(5) and 40 CFR 60.13; 40 CFR Part 51, Appendix P; 40 CFR 60, Appendix B - Performance Specifications; 40 CFR 60, Appendix F - Quality Assurance Procedures; and Rules 62-4.070(3) and 62-212.400(BACT), F.A.C.] 27. Ammonia Monitoring Requirements: In accordance with the manufacturer’s specifications, the permittee shall install, calibrate, operate and maintain an ammonia flow meter to measure and record the ammonia FPL West County Energy Center Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 14 of 24 SECTION III - EMISSIONS UNITS SPECIFIC CONDITIONS A. COMBINED CYCLE UNITS 1 AND 2- GAS TURBINES (EUs 001, 002, 003, 004, 005, and 006) injection rate to the SCR system by the time of the initial compliance tests. The permittee shall document and periodically update the general range of ammonia flow rates required to meet permitted emissions levels over the range of load conditions allowed by this permit by comparing NOx emissions recorded by the CEM system with ammonia flow rates recorded using the ammonia flow meter. During NOx monitor downtimes or malfunctions, the permittee shall operate at the ammonia flow rate and, as applicable for fuel oil firing, the water-to-fuel ratio, that are consistent with the documented flow rate for the combustion turbine load condition. [Rules 62-4.070(3) and 62-212.400(BACT), F.A.C.] RECORDS AND REPORTS 28 29. 30. 31. . Monitoring of Capacity: The permittee shall monitor and record the operating rate of each gas turbine and HRSG duct burner system on a daily average basis, considering the number of hours of operation during each day (including the times of startup, shutdown and malfunction). Such monitoring shall be made using a monitoring component of the CEM system required above, or by monitoring daily rates of consumption and heat content of each allowable fuel in accordance with the provisions of 40 CFR 75 Appendix D. [Rules 62-4.070(3) and 62-212.400(BACT), F.A.C.] Monthly Operations Summary: By the fifth calendar day of each month, the permittee shall record the following for each fuel in a written or electronic log for each gas turbine for the previous month of operation: fuel consumption, hours of operation, hours of duct firing, and the updated 12-month rolling totals for each. Information recorded and stored as an electronic file shall be available for inspection and printing within at least three days of a request by the Department. The fuel consumption shall be monitored in accordance with the provisions of 40 CFR 75 Appendix D. [Rules 62-4.070(3) and 62-212.400(BACT), F.A.C.] Fuel Sulfur Records: The permittee shall demonstrate compliance with the fuel sulfur limits specified in this permit by maintaining the following records of the sulfur contents. a. Natural Gas Sulfur Limit: Compliance with the fuel sulfur limit for natural gas shall be demonstrated by keeping reports obtained from the vendor indicating the average sulfur content of the natural gas being supplied from the pipeline for each month of operation. Methods for determining the sulfur content of the natural gas shall be ASTM methods D4084-82, D4468-85, D5504-01, D6228-98 and D6667-01, D3246-81 or more recent versions. b. Distillate Fuel Oil Sulfur Limit. Compliance with the distillate fuel oil sulfur limit shall be demonstrated by taking a sample, analyzing the sample for fuel sulfur, and reporting the results to each Compliance Authority before initial startup. Sampling the fuel oil sulfur content shall be conducted in accordance with ASTM D4057-88, Standard Practice for Manual Sampling of Petroleum and Petroleum Products, and one of the following test methods for sulfur in petroleum products: ASTM methods D5453-00, D129-91, D1552-90, D2622-94, or D4294-90. More recent versions of these methods may be used. For each subsequent fuel delivery, the permittee shall maintain a permanent file of the certified fuel sulfur analysis from the fuel vendor. At the request of a Compliance Authority, the permittee shall perform additional sampling and analysis for the fuel sulfur content. The above methods shall be used to determine the fuel sulfur content in conjunction with the provisions of 40 CFR 75 Appendix D. [Rules 62-4.070(3) and 62-4.160(15), F.A.C.] Emissions Performance Test Reports: A report indicating the results of any required emissions performance test shall be submitted to the Compliance Authority no later than 45 days after completion of the'last test run. The test report shall provide sufficient detail on the tested emission unit and the procedures used to allow the Department to determine if the test was properly conducted and if the test results were properly computed. At a minimum, the test report shall provide the applicable information listed in Rule 62-297.310(8)(c), F.A.C. and in Appendix SC of this permit. [Rule 62-297.310(8), F.A.C.]. FPL West County Energy Center ; Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 15 of 24 SECTION III - EMISSIONS UNITS SPECIFIC CONDITIONS A. COMBINED CYCLE UNITS 1 AND 2— GAS TURBINES (EUs 001, 002, 003, 004, 005, and 006) 32. Excess Emissions Reporting: 33. a. Malfunction Notification: If emissions in excess of a standard (subject to the specified averaging period) occur due to malfunction, the permittee shall notify the Compliance Authority within (1) working day of: the nature, extent, and duration of the excess emissions; the cause of the excess emissions; and the actions taken to correct the problem. In addition, the Department may request a written summary report of the incident. SIP Quarterly Permit Limits Excess Emissions Report: Within 30 days following the end of each calendar-quarter, the permittee shall submit a report to the Compliance Authority summarizing periods of CO and NOx emissions in excess of the BACT permit standards following the NSPS format in 40 CFR 60.7(c), Subpart A. Periods of startup, shutdown and malfunction, shall be monitored, recorded and reported as excess emissions when emission levels exceed the standards specified in this permit. In addition, the report shall summarize the CEMS systems monitor availability for the previous quarter. NSPS Semi-Annual Excess Emissions Reports: For purposes of reporting emissions in excess of NSPS Subpart KKKK, excess emissions from the gas turbine are defined as: a specified averaging period over which either the NOx emissions are higher than the applicable emission limit in 60.4320; or the total sulfur content of the fuel being combusted in the affected facility exceeds the limit specified in 60.4330. Within thirty (30) days following each calendar semi-annual period, the permittee shall submit a report on any periods of excess emissions that occurred during the previous semi-annual period to the Compliance Authority. {Note: If there are no periods of excess emissions as defined in NSPS Subpart KKKK, a statement to that effect may be submitted with the SIP Quarterly Report to suffice for the NSPS Semi-Annual Report.} [Rules 62-4.130, 62-204.800, 62-210.700(6), F.A.C., and 40 CFR 60.7, and 60.4420] Annual Operating Report: The permittee shall submit an annual report that summarizes the actual operating hours and emissions from this facility. The permittee shall also keep records sufficient to determine the ’ annual throughput of distillate fuel oil for the fuel oil storage tank for use in the Annual Operating Report. Annual operating reports shall be submitted to the Compliance Authority by March Ist of each year. (Rule 62-210.370(2), F.A.C. FPL West County Energy Center Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 16 of 24 SECTION III. EMISSIONS UNIT SPECIFIC CONDITIONS B. DISTILLATE FUEL OIL STORAGE TANK (EU 007) This section of the permit addresses the following emissions unit. Emission Unit Description Two Nominal 6.3 million gallon distillate fuel oil storage tanks NSPS APPLICABILITY 1. NSPS Subpart Kb Applicability: The distillate fuel oil tanks are not subject to Subpart Kb, which applies to any storage tank with a capacity greater than or equal to 10,300 gallons (40 cubic meters) that is used to store volatile organic liquids for which construction, reconstruction, or modification is commenced after July 23, 1984. Tanks with a capacity greater than or equal to 40,000 gallons (151 cubic meters) storing a liquid with a maximum true vapor pressure less than 3.5 kPa are exempt from the General Provisions (40 CFR 60, Subpart A) and from the provisions of NSPS Subpart Kb,. [40 CFR 60.110b(a) and (c); Rule 62-204.800(7)(b), F.A.C.] The listed emission units shall comply with 40 CFR 60, Subpart Kb only to the extent that the regulations apply to the emission unit and its operations. EQUIPMENT SPECIFICATIONS 2. Equipment: The permittee is authorized to install, operate, and maintain two 6.3 million gallon distillate fuel oil storage tank designed to provide ultra low sulfur fuel oil to the gas turbines. {Applicant Request; Rule 62-210.200(PTE), F.A.C.] EMISSIONS AND PERFORMANCE REQUIREMENTS ~ 3. Hours of Operation: The hours of operation are not restricted (8760 hours per year). {Applicant Request; Rule 62-210.200(PTE), F.A.C.] NOTIFICATION, REPORTING AND RECORDS 4. Qil Tank Records: The permittee shall keep readily accessible records showing the dimension of each storage vessel and an analysis showing the capacity of each storage tank. Records shall be retained for the life of the facility. The permittee shall also keep records sufficient to determine the annual throughput of distillate fuel oil for each storage tank for use in the Annual Operating Report. [Rule 62-4.070(3) F.A.C] 5. Fuel Oil Records: The permittee shall keep readily accessible records showing the maximum true vapor pressure of the stored liquid. The maximum true vapor pressure shall be less than 3.5 kPa. Compliance with this condition may be demonstrated by using the information from the respective MSDS for the ultra low sulfur fuel oil(s) stored in the tanks. [62-4.070(3) F.A.C.] {Permitting Note: An evaluation of several Material Safety Data Sheets (MSDS) by the Department and applicant demonstrated that the vapor pressure is much less than 3.5 kPa for ultralow sulfur fuel oil.} FPL West County Energy Center Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 17 of 24 | SECTION III. EMISSIONS UNIT SPECIFIC CONDITIONS C. COOLING TOWER (EU 008) This section of the permit addresses the following new emissions unit. | | Emission Unit Description Two 26-cell mechanical draft cooling towers EQUIPMENT 1. Cooling Tower: The permittee is authorized to install two new 26-cell mechanical draft cooling towers with the following nominal design characteristics: a circulating water flow rate of 306,000 gpm; design hot/cold water temperatures of 105° F/87° F; a design air flow rate of 1,500,000 per cell; a liquid-to-gas air flow ratio of 1.045; and drift eliminators. The permittee shall submit the final design details within 60 days of selectirig the vendor. [Application; Design] EMISSIONS AND PERFORMANCE REQUIREMENTS 2. DriftRate: Within 60 days of commencing operation, the permittee shall certify that the cooling tower was constructed to achieve the specified drift rate of no more than 0.0005 percent of the circulating water flow rate. [Rule 62-212.400(BACT), F.A.C.] {Permitting Note: This work practice standard is established as BACT for PM/PMyo emissions from the cooling tower. Based on this design criteria, potential emissions are expected to be less than 100 tons of PM per year and less than 5 tons of PMj per year. Actual emissions are expected be lower than these rates.}. FPL West County Energy Center I Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 18 of 24 SECTION III. EMISSIONS UNIT SPECIFIC CONDITIONS D. AUXILIARY BOILERS AND PROCESS HEATERS (EU009 — EU 010) This section of the permit addresses the following emissions units. | 1 | Emission Unit Description Two limited use gas-fueled auxiliary boilers (99.8 MMBTU/h and 85,000 lb/hr) 015 | Two gas-fueled 10 MMBtu/hr process heaters NESHAP APPLICABILITY 1. NESHAP Subpart DDDDD Applicability: These emissions units are subject to Subpart DDDDD, which applies to an industrial, commercial, or institutional boiler or process heater as defined in Sec. 63.7575 that is located at, or is part of, a major source of HAP as defined in Sec. 40 CFR 63.2. The listed emission units shall comply with 40 CFR 63, NESHAP Subpart DDDDD only to the extent that the regulations apply to the emission unit and its operations (e.g. limited use gas-fueled or small gas-fueled categories. [40 CFR 63, Subpart DDDDD - National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, or Institutional Boiler or Process Heater] NSPS APPLICABILITY 2. NSPS Subpart De Applicability: Each 99.8 MMBTU/hr (85,000 lb/hr) auxiliary boiler is subject to all applicable requirements of 40 CFR 60, Subpart Dc which applies to Small Industrial, Commercial, or Institutional Boiler. Specifically, each emission unit shall comply with 40 CFR60.48c Reporting and Recordkeeping Requirements. [Rule 62-204.800(7)(b) and 40 CFR 60, NSPS-Subpart Dc - Standards of Performance for Small Industrial- Commercial-Institutional Steam Generating Units, attached as Appendix Dc]. EMISSIONS AND TESTING REQUIREMENTS 3. Auxiliary Boiler BACT Emissions Limits: VOC, SO, PM/PM py 0.05 Ib/MMBtu 0.08 Ib/MMBtu 2 er S/100SCF natural gas spec and 10% Opacity 4. Auxiliary Boilers Testing Requirements: Each unit shall be stack tested to demonstrate initial compliance with the emission standards for CO, NOx and visible emissions. The tests shall be conducted within 60 days after achieving the maximum production rate at which the unit will be operated, but not later than 180 days after the initial startup of each combined cycle unit. [Rule 62-297.310(7)(a)1, F.A.C. and 40 CFR 63.7] Test Methods: Any required tests shall be performed in accordance with the following reference methods. Method | Description of Method and Comments Determination of Nitrogen Oxide Emissions from Stationary Sources | Visual Determination of the Opacity of Emissions from Stationary Sources Determination of Carbon Monoxide Emissions from Stationary Sources {Notes: The method shall be based on a continuous sampling train.} ee FPL West County Energy Center Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 19 of 24 SECTION III. EMISSIONS UNIT SPECIFIC CONDITIONS D. AUXILIARY BOILERS AND PROCESS HEATERS (EU009 — EU 010) 5. Annual CO Performance Test for Auxiliary Boilers: Pursuant to 40 CFR 63.7515(e) permittee shall conduct an annual CO test according to Sec. 63.7520. Each annual performance test must be conducted between 10 and 12 months after the previous performance test. [40 CFR 63.7515 and Rule 62-204.800(11)(b)84. F.A.C.] 6. Natural Gas Fired Process Heaters BACT Emissions Limits: NOx co VOC, SO,, PM/PMio 0.095 Ib/MMBtu 0.08 Ib/MMBtu 2 gt S/100SCF natural gas spec and 10% Opacity 7. Natural Gas Fired Process Heaters Testing Requirements: Each unit shall be stack tested to demonstrate initial compliance with the emission standards for CO, NOx and visible emissions. The tests shall be conducted within 60 days after achieving the maximum production rate at which the unit will be operated, but not later than 180 days after the initial startup of each combined cycle unit. As an alternative, a Manufacturer certification of emissions characteristics of the purchased model that are at least as stringent as the BACT values can be used to fulfill this requirement. [Rule 62-297.310(7)(a)1, F.A.C. and 40 CFR 60.8] Test Methods: Any required tests shall be performed in accordance with the following reference methods. Method | Description of Method and Comments Determination of Nitrogen Oxide Emissions from Stationary Sources Visual Determination of the Opacity of Emissions from Stationary Sources Determination of Carbon Monoxide Emissions from Stationary Sources {Notes: The method shall be based on a continuous sampling train.} EQUIPMENT SPECIFICATIONS 8. Equipment: The permittee is authorized to install, operate, and maintain two auxiliary boilers with a maximum design heat input of 99.8 MMBtu/hr (85,000 Ib/hr) each to produce steam during start up of the CTs and two 10 MMBtu/hr process heaters for the purpose of heating the natural gas supply to the CTs. [Applicant Request; Rule 62-210.200(PTE), F.A.C.] PERFORMANCE REQUIREMENTS 9. Hours of Operation: The hours of operation of each limited use gas-fueled auxiliary boiler shall not exceed 500 hours per year. The gas-fueled process heaters are allowed to operate continuously (8760 hours per year). [Applicant Request; Rule 62-210.200(PTE), F.A.C. and 40 CFR 63.7575] NOTIFICATION, REPORTING AND RECORDS 10. Notification: Initial notification is required for the two limited use 99.8 MMBtu/hr gas-fueled auxiliary boilers. Initial notification is not required for the two small gas-fueled 10 MMBtu/hr process heaters. [40 CFR 63.9, 40 CFR 63.7506(c) and Rule 62-204.800(11)(b) F.A.C.] 11, Reporting: The permittee shall maintain records of the amount of natural gas used in the heaters and auxiliary boilers. These records shall be submitted to the Compliance Authority on an annual basis or upon request. [Rule 62-4.070(3] F.A.C.] aN FPL West County Energy Center Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 20 of 24 SECTION III. EMISSIONS UNIT SPECIFIC CONDITIONS EMERGENCY GENERATOR (011) This section of the permit addresses the following emissions unit. Emission Unit Description Four nominal 2,250 Kw Liquid Fueled Emergency Generators — Reciprocating Internal Combustion Engines NESHAPS APPLICABILITY 1. NESHAPS Subpart ZZZZ Applicability: These emergency generators are Liquid Fueled Reciprocating Internal Combustion Engines (RICE) and are subject to 40 CFR 63, Subpart ZZZZ. They shall comply with 40 CFR 63, NESHAP Subpart ZZZZ only to the extent that the regulations apply to the emissions unit and its operations. [40 CFR 63, Subpart ZZZZ - National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines (RICE) and Rule 62-204.800(11)(b)80, F.A.C.] NSPS APPLICABILITY 2. NSPS Subpart III Applicability: These emergency generators are Stationary Compression Ignition Internal Combustion Engines (Stationary ICE) and are subject to 40 CFR 60, Subpart III. They shall comply with 40 CFR 60, Subpart III only to the extent that the regulations apply to the emission unit and its operations (e.g. non-road, emergency, displacement, capacity, model year selected). [40 CFR 60, Subpart ITT] - Standards of Performance for Stationary Compression Ignition Internal Combustion Engines] EQUIPMENT SPECIFICATIONS 3. Equipment: The permittee is authorized to install, operate, and maintain four 2,250 Kw emergency generators. [Applicant Request; Rule 62-210.200(PTE), F.A.C.] EMISSIONS AND PERFORMANCE REQUIREMENTS 4. Hours of Operation and Fuel Specifications: The hours of operation shall not exceed 160 hours per year per each generator. The generators are allowed to burn 0.0015% sulfur fuel oil. [Applicant Request; Rule 62-210.200(PTE), F.A.C.] 5. Emergency Generators BACT Emissions Limits: Hydrocarbons" 6.9 gm/bhp-br 8.5 gnv/bhp-hr 1.0 gm/bhp-hr 0.0015% $ F.0. Note 1. Hydrocarbons are surrogate for VOC. {The BACT limits are equal to the values corresponding to the Tier 1 values cited in the proposed rule 40 CFR 60, Subpart III} 6. Emergency Generators Testing Requirements: Each unit shall be stack tested to demonstrate initial compliance with the emission standards for CO, NOx and visible emissions. The tests shall be conducted within 60 days after achieving the maximum production rate at which the unit will be operated, but not later than 180 days after the initial startup of each combined cycle unit. As an alternative, an EPA Certification of emissions characteristics of the purchased model that are at least as stringent as the BACT values and the use of ULS fuel oil can be used to fulfill this requirement. [Rule 62-297.310(7)(a)1, F.A.C.; 40 CFR 60.8 and 40 CFR 60.4211] a ee FPL West County Energy Center Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 21 of 24 | i | | SECTION III. EMISSIONS UNIT SPECIFIC CONDITIONS EMERGENCY GENERATOR (011) Test Methods: Any required tests shall be performed in accordance with the following reference methods. Method | Description of Method and Comments TE Determination of Nitrogen Oxide Emissions from Stationary Sources 9 Visual Determination of the Opacity of Emissions from Stationary Sources 10 Determination of Carbon Monoxide Emissions from Stationary Sources {Notes: The method shall be based on a continuous sampling train.} | NOTIFICATION, REPORTING AND RECORDS 7. Notifications: Initial notification are required pursuant to 40 CFR 60.7, 40 CFR 63.9, and 40 CFR 63.6590 (b) (i) for the four 2,250 Kw RICE units. 8. Reporting: The permittee shall maintain records of the amount of liquid fuel used. These records shall be submitted to the Compliance Authority on an annual basis or upon request. [Rule 62-4.070(3] F.A.C.]. . FPL West County Energy Center Project No. 0990646-001-AC Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Page 22 of 24 | | SECTION III. EMISSIONS UNIT SPECIFIC CONDITIONS EMERGENCY FIRE PUMP (012) This section of the permit addresses the following emissions unit. | i | Emission Unit Description One emergency diesel fire pump engine (< 300 hp) and 500 gallon fuel oil storage tank. NSPS APPLICABILITY 1. NSPS Subpart III] Applicability: The fire pump engine is an Emergency Stationary Compression Ignition Internal Combustion Engine (Stationary ICE) and is subject to 40 CFR 60, Subpart III. It shall comply with 40 CFR 60, Subpart III only to the extent that the regulations apply to the emissions unit and its operations (e.g. fire pumps, horsepower, model year selected). [40 CFR 60, Subpart IIII - Standards of Performance for Stationary Compression Ignition Internal Combustion Engines. ] EQUIPMENT SPECIFICATIONS 2. Equipment: The permittee is authorized to install, operate, and maintain one diesel engine driven fire pump (< 300 hp) and an associated 500 gallon fuel oil storage tank. EMISSIONS AND PERFORMANCE REQUIREMENTS 3. FPL West County Energy Center Two Nominal 1,250 MW Combined Cycle Units Air Permit No. PSD-FL-354 Hours of Operation: The fire pump may operate in response to emergency conditions and 80 non- emergency hours per year for maintenance testing. [Applicant Request; Rule 62-210.200 (PTE), F.A.C.] Authorized Fuel: This unit shall fire low sulfur fuel oil (or superior fuel), which shall contain no more than 0.05% sulfur by weight. [Rules 62-210.200(PTE) and 62-212.400 (BACT), F.A.C.] Compliance with the distillate fuel oil sulfur limit shall be demonstrated by taking a sample, analyzing the sample for fuel sulfur, and reporting the results to each Compliance Authority before initial startup. Sampling the fuel oil sulfur content shall be conducted in accordance with ASTM D4057-88, Standard Practice for Manual Sampling of Petroleum and Petroleum Products, and one of the following test methods for sulfur in petroleum products: ASTM methods D5453-00, D129-91, D1552-90, D2622-94, or D4294-90, More recent versions of these methods may be used. For each subsequent fuel delivery, the permittee shall maintain a permanent file of the certified fuel sulfur analysis from the fuel vendor. At the request of a Compliance Authority, the permittee shall perform additional sampling and analysis for the fuel sulfur content. i Project No. 0990646-001-AC Page 23 of 24 SECTION III. EMISSIONS UNIT SPECIFIC CONDITIONS EMERGENCY FIRE PUMP (012) 5. Fire Pump Engine BACT Emissions Limits: The following limits apply based on the size category of the fire pump located at the facility. Size (hp) NMHC+NOx 175 850 MMBtu/h of useful output (0.43 Ib/MWh). firing natural gas 42 ppm at 15 percent O,or 160 ng/J of New, modified, or reconstructed turbine useful output (1.3 lb/MWh). firing fuels other than natural gas > 850 MMBtwh * Only the portion of the table that includes the NOx Requirements applicable to the WCEC Unit 3 project. FP&L West County Energy Center DEP File No. 0990646-002-AC One Nominal 1,250 MW Combined Cycle Unit Permit No. PSD-FL-396 Page KKKK-1 SECTION IV. APPENDIX SC STANDARD CONDITIONS Unless otherwise specified in the permit, the following conditions apply to all emissions units and activities at this facility. EMISSIONS AND CONTROLS 1. Plant Operation - Problems: If temporarily unable to comply with any of the conditions of the permit due to breakdown of equipment or destruction by fire, wind or other cause, the permittee shall notify each Compliance Authority as soon as possible, but at least within one working day, excluding weekends and holidays. The notification shall include: pertinent information as to the cause of the problem; steps being taken to correct the problem and prevent future recurrence; and, where applicable, the owner’s intent toward reconstruction of destroyed facilities. Such notification does not release the permittee from any liability for failure to comply with the conditions of this permit or the regulations. [Rule 62-4.130, F.A.C.] Circumvention: The permittee shall not circumvent the air pollution control equipment or allow the emission of air pollutants without this equipment operating properly. [Rule 62-210.650, F.A.C.] Excess Emissions Allowed: Excess emissions resulting from startup, shutdown or malfunction of any emissions unit shall be permitted providing (1) best operational practices to minimize emissions are adhered to and (2) the duration of excess emissions shall be minimized but in no case exceed two hours in any 24 hour period unless specifically authorized by the Department for longer duration. [Rule 62-210.700(1), F.A.C.] Excess Emissions Prohibited: Excess emissions caused entirely or in part by poor maintenance, poor operation, or any other equipment or process failure that may reasonably be prevented during startup, shutdown or malfunction shall be prohibited. [Rule 62-210.700(4), F.A.C.] Excess Emissions - Notification: In case of excess emissions resulting from malfunctions, the permitee shall notify the Department or the appropriate Local Program in accordance with Rule 62-4.130, F.A.C. A full written report on the malfunctions shall be submitted in a quarterly report, if requested by the Department. [Rule 62-210.700(6), F.A.C.] VOC or OS Emissions: No person shall store, pump, handle, process, load, unload or use in any process or installation, volatile organic compounds or organic solvents without applying known and existing vapor emission control devices or systems deemed necessary and ordered by the Department. [Rule 62-296.320(1), F.A.C.] Objectionable Odor Prohibited: No person shall cause, suffer, allow or permit the discharge of air pollutants, which cause or contribute to an objectionable odor. An “objectionable odor” means any odor present in the outdoor atmosphere which by itself or in combination with other odors, is or may be harmful or injurious to human health or welfare, which unreasonably interferes with the comfortable use and enjoyment of life or property, or which creates a nuisance. [Rules 62-296.320(2) and62-210.200(203), F.A.C.] General Visible Emissions: No person shall cause, let, permit, suffer or allow to be discharged into the atmosphere the emissions of air pollutants from any activity equal to or greater than 20 percent opacity. [Rule 62-296.320(4)(b)1, F.AC.] Unconfined Particulate Emissions: During the construction period, unconfined particulate matter emissions shall be minimized by dust suppressing techniques such as covering and/or application of water or chemicals to the affected areas, as necessary. [Rule 62-296.320(4)(c), F.A.C.] TESTING REQUIREMENTS 10. Required Number of Test Runs: For mass emission limitations, a compliance test shall consist of three complete and separate determinations of the total air pollutant emission rate through the test section of the stack or duct and three complete and separate determinations of any applicable process variables corresponding to the three distinct time periods during which the stack emission rate was measured; provided, however, that three complete and separate determinations shall not be required if the process variables are not subject to variation during a compliance test, or if three determinations are not necessary in order to calculate the unit's emission rate. The three required test runs shall be completed within one consecutive five-day period. In the event that a sample is lost or one of the three runs must be discontinued because of circumstances beyond the control of the owner or operator, and a valid third run cannot be obtained within the five-day period allowed for the test, the Secretary or his or her designee may accept the results of two complete runs as proof of compliance, provided that the arithmetic mean of the two complete runs is at least 20% below the allowable emission limiting standard. [Rule 62-297.310(1), F.A.C.] ee SSSSSSSSSSSsSSSSSSSSssssSsSsSSseeeee FP&L West County Energy Center DEP File No. 0990646-002-AC One Nominal 1,250 MW Combined Cycle Unit Permit No. PSD-FL-396 SECTION IV. APPENDIX SC 11. 12. 13. 14. 15. 16. 17. 18. STANDARD CONDITIONS Operating Rate During Testing: Testing of emissions shall be conducted with the emissions unit operating at permitted capacity. Permitted capacity is defined as 90 to 100 percent of the maximum operation rate allowed by the permit. If it is impractical to test at permitted capacity, an emissions unit may be tested at less than the maximum permitted capacity; in this case, subsequent emissions unit operation is limited to 110 percent of the test rate until a new test is conducted. Once the unit is so limited, operation at higher capacities is allowed for no more than 15 consecutive days for the purpose of additional compliance testing to regain the authority to operate at the permitted capacity. [Rule 62- 297.310(2), F.A.C.] Calculation of Emission Rate: For each emissions performance test, the indicated emission rate or concentration shall be the arithmetic average of the emission rate or concentration determined by each of the three separate test runs unless otherwise specified in a particular test method or applicable rule. [Rule 62-297.310(3), F-A.C.] Test Procedures: Tests shall be conducted in accordance with all applicable requirements of Chapter 62-297, F.A.C. a. Required Sampling Time. Unless otherwise specified in the applicable rule, the required sampling time for each test run shall be no less than one hour and no greater than four hours, and the sampling time at each sampling point shall be of equal intervals of at least two minutes. The minimum observation period for a visible emissions compliance test shall be thirty (30) minutes. The observation period shall include the period during which the highest opacity can reasonably be expected to occur. b. Minimum Sample Volume. Unless otherwise specified in the applicable rule or test method, the minimum sample volume per run shall be 25 dry standard cubic feet. c. Calibration of Sampling Equipment. Calibration of the sampling train equipment shall be conducted in accordance with the schedule shown in Table 297.310-1, F.A.C. [Rule 62-297.310(4), F.A.C.] Determination of Process Variables a. ‘Required Equipment. The owner or operator of an emissions unit for which compliance tests are required shall install, operate, and maintain equipment or instruments necessary to determine process variables, such as process weight input or heat input, when such data are needed in conjunction with emissions data to determine the compliance of the emissions unit with applicable emission limiting standards. b. Accuracy of Equipment. Equipment or instruments used to directly or indirectly determine process variables, including devices such as belt scales, weight hoppers, flow meters, and tank scales, shall be calibrated and adjusted to indicate the true value of the parameter being measured with sufficient accuracy to allow the applicable process variable to be determined within 10% of its true value. [Rule 62-297.310(5), F.A.C.] Sampling Facilities: The permittee shall install permanent stack sampling ports and provide sampling facilities that meet the requirements of Rule 62-297.310(6), F.A.C. Test Notification: The owner or operator shall notify the Department, at least 15 days prior to the date on which each formal compliance test is to begin, of the date, time, and place of each such test, and the test contact person who will be responsible for coordinating and having such test conducted for the owner or operator. [Rule 62-297.310(7)(a)9, FAC] Special Compliance Tests: When the Department, after investigation, has good reason (such as complaints, increased visible emissions or questionable maintenance of control equipment) to believe that any applicable emission standard contained in a Department rule or in a permit issued pursuant to those rules is being violated, it shall require the owner or operator of the emissions unit to conduct compliance tests which identify the nature and quantity of pollutant emissions from the emissions unit and to provide a report on the results of said tests to the Department. [Rule 62- 297.310(7)(b), F.A.C.] Test Reports: The owner or operator of an emissions unit for which a compliance test is required shall file a report with the Department on the results of each such test. The required test report shall be filed with the Department as soon as practical but no later than 45 days after the last sampling run of each test is completed. The test report shall provide sufficient detail on the emissions unit tested and the test procedures used to allow the Department to determine if the FP&L West County Energy Center DEP File No. 0990646-002-AC One Nominal 1,250 MW Combined Cycle Unit Permit No. PSD-FL-396 Page SC-2 SECTION IV. APPENDIX SC STANDARD CONDITIONS test was properly conducted and the test results properly computed. As a minimum, the test report, other than for an EPA or DEP Method 9 test, shall provide the following information: 1) The type, location, and designation of the emissions unit tested. 2) The facility at which the emissions unit is located. 3) The owner or operator of the emissions unit. 4) The normal type and amount of fuels used and materials processed, and the types and amounts of fuels used and material processed during each test run. 5) The means, raw data and computations used to determine the amount of fuels used and materials processed, if necessary to determine compliance with an applicable emission limiting standard. 6) The type of air pollution control devices installed on the emissions unit, their general condition, their normal operating parameters (pressure drops, total operating current and GPM scrubber water), and their operating parameters during each test run. 7) Asketch of the duct within 8 stack diameters upstream and 2 stack diameters downstream of the sampling ports, including the distance to any upstream and downstream bends or other flow disturbances. 8) The date, starting time and duration of each sampling run. 9) The test procedures used, including any alternative procedures authorized pursuant to Rule 62-297.620, F.A.C. Where optional procedures are authorized in this chapter, indicate which option was used. 10) The number of points sampled and configuration and location of the sampling plane. 11) For each sampling point for each run, the dry gas meter reading, velocity head, pressure drop across the stack, temperatures, average meter temperatures and sample time per point. 12) The type, manufacturer and configuration of the sampling equipment used. 13) Data related to the required calibration of the test equipment. 14) Data on the identification, processing and weights of all filters used. 15) Data on the types and amounts of any chemical solutions used. 16) Data on the amount of pollutant collected from each sampling probe, the filters, and the impingers, are reported separately for the compliance test. . : 17) The names of individuals who furnished the process variable data, conducted the test, analyzed the samples and prepared the report. 18) All measured and calculated data required to be determined by each applicable test procedure for each run. 19) The detailed calculations for one run that relate the collected data to the calculated emission rate. 20) The applicable emission standard, and the resulting maximum allowable emission rate for the emissions unit, plus the test result in the same form and unit of measure. 21) A certification that, to the knowledge of the owner or his authorized agent, all data submitted are true and correct. When a compliance test is conducted for the Department or its agent, the person who conducts the test shall provide the certification with respect to the test procedures used. The owner or his authorized agent shall certify that all data required and provided to the person conducting the test are true and correct to his knowledge. [Rule 62-297.310(8), F.A.C.] RECORDS AND REPORTS 19. 20. Records Retention: All measurements, records, and other data required by this permit shall be documented in a permanent, legible format and retained for at least five (5) years following the date on which such measurements, records, or data are recorded. Records shall be made available to the Department upon request. [Rules 62-4.160(14) and 62-213.440(1)(b)2, F.A.C.] Annual Operating Report: The permittee shall submit an annual report that summarizes the actual operating rates and emissions from this facility. Annual operating reports shall be submitted to the Compliance Authority by March Ist of each year. [Rule 62-210.370(2), F.A.C.] FP&L West County Energy Center DEP File No. 0990646-002-AC One Nominal 1,250 MW Combined Cycle Unit Permit No. PSD-FL-396 Page SC-3 SECTION IV. APPENDIX XS SEMIANNUAL NSPS EXCESS EMISSIONS REPORT FIGURE 1. SUMMARY REPORT - GASEOUS AND OPACITY EXCESS EMISSION AND MONITORING SYSTEM PERFORMANCE [Note: This form is referenced in 40 CFR 60.7, Subpart A-General Provisions] Pollutant (Circle One): SO NOx TRS. HS co Opacity Reporting period dates: From to Company: Emission Limitation: Address: Monitor Manufacturer: Model No.: Date of Latest CMS Certification or Audit: Process Unit(s) Description: Total source operating time in reporting period ': Emission data summary ' CMS performance summary ' 1. Duration of excess emissions in reporting period due to: | 1. CMS downtime in reporting period due to: a. Startup/shutdown a. Monitor equipment malfunctions b. Control equipment problems .. b. Non-Monitor equipment malfunctions . c. Process problems . Quality assurance calibration .. d. Other known causes .. d. Other known causes e. Unknown causes ws e. Unknown causes .... 2. Total duration of excess emissions .. _ 2. Total CMS Downtime . oe 3. Total duration of excess emissions x (100) / [Total | 3. [Total CMS Downtime] x (100) / [Total source operating fe} For opacity, record all times in minutes. For gases, record all times in hours. For the reporting period: If the total duration of excess emissions is 1 percent or greater of the total operating time or the total CMS downtime is 5 percent or greater of the total operating time, both the summary report form and the excess emission report described in 40 CFR 60.7(c) shall be submitted. Note: On a separate page, describe any changes since the last in CMS, process or controls. I certify that the information contained in this report is true, accurate, and complete. Name: Signature: Date: Title: FP&L West County Energy Center DEP File No. 0990646-002-AC One Nominal 1,250 MW Combined Cycle Unit Permit No. PSD-FL-396 Page XS-1 SECTION IV. APPENDIX YYYY NESHAP REQUIREMENTS FOR COMBUSTION TURBINES The WCEC Unit 3 combustion turbines are subject to all applicable requirements of 40 CFR 63, Subpart YYYY-- National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines. The provisions of this Subpart may be provided in full upon request and are also available beginning at Section 63.6080 at: www.access.gpo.gov/nara/cft/waisidx_07/40cfr63c_07.html . Following is important information related to the present status of the mentioned subpart. Staying of the Rule On August 18, 2004, EPA stayed the effectiveness of 40 CFR 63, Subpart YYYY for lean premix gas turbines such as the one proposed for the Unit 4 Project. Following is the change in 40 CFR 63 that stays effectiveness: § 63.6095(d) Stay of standards for gas-fired subcategories. If you start up a new or reconstructed stationary combustion turbine that is a lean premix gas-fired stationary combustion turbine or diffusion flame gas-fired stationary combustion turbine as defined by this subpart, you must comply with the Initial Notification requirements set forth in Sec. 63.6145 but need not comply with any other requirement of this subpart until EPA takes final action to require compliance and publishes a document in the Federal Register. Requirements The applicable requirements in Subpart YYYY are: § 63.6145 What notifications must I submit and when? (a) You must submit all of the notifications in §§ 63.7(b) and (c), 63.8(e), 63.8(f)(4), and 63.9(b) and (h) that apply to you by the dates specified. (b) As specified in § 63.9(b)(2), if you start up your new or reconstructed stationary combustion turbine before March 5, 2004, you must submit an Initial Notification not later than 120 calendar days after March 5, 2004. (c) As specified in § 63.9(b), if you start up your new or reconstructed stationary combustion turbine on or after March 5, 2004, you must submit an Initial Notification not later than 120 calendar days after you become subject to this subpart. (d) Ifyou are required to submit an Initial Notification but are otherwise not affected by the emission limitation requirements of this subpart, in accordance with § 63.6090(b), your notification must include the information in § 63.9(b)(2)(i) through (v) and a statement that your new or reconstructed stationary combustion turbine has no additional emission limitation requirements and must explain the basis of the exclusion (for example, that it operates exclusively as an emergency stationary combustion turbine). (e) Ifyou are required to conduct an initial performance test, you must submit a notification of intent to conduct an initial performance test at least 60 calendar days before the initial performance test is scheduled to begin as required in § 63.7(b)(1). (f) Ifyou are required to comply with the emission limitation for formaldehyde, you must submit a Notification of Compliance Status according to § 63.9(h)(2)(ii). For each performance test required to demonstrate compliance with the emission limitation for formaldehyde, you must submit the Notification of Compliance Status, including the performance test results, before the close of business on the 60th calendar day following the completion of the performance test. [Rules 62-4.070(3) and 62-204.800, F.A.C.; Subparts A and YYYY in 40 CFR 63] FP&L West County Energy Center DEP File No. 0990646-002-AC One Nominal 1,250 MW Combined Cycle Unit Permit No. PSD-FL-396 Page YYYY-1 SECTION IV. APPENDIX ZZZZ NESHAPS REQUIREMENTS-STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINES The two nominal 2,250 kilowatts emergency generators are regulated as one Unit for purposes of the ARMS or Emissions Unit No. 018. These two reciprocating internal combustion engines (RICE) are subject to the notification requirements of 40 CFR 63, Subpart ZZZZ--National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines. The complete provisions of Subpart ZZZZ may be provided in full upon request and are also available beginning at Section 63.6580 at: www.access.gpo.gov/nara/cfr/waisidx 07/40cfr63d_07.html . FP&L West County Energy Center DEP File No. 0990646-002-AC One Nominal 1,250 MW Combined Cycle Unit Permit No. PSD-FL-396 Page ZZZZ-1 Appendix 3: Underground Injection Control Permit 247895-007-UC Florida Power & Light Draft Conditions of Certification West County Energy Center Unit 3 PA 05-47SA1 Florida Department of Charlie Crist Governor Environmental Protection Jeff Kottkamp Lt. Governor Southeast District Michael W. Sole 400 N. Congress Avenue, Suite 200 Secretary West Palm Beach, Florida 33401 NOTICE OF PERMIT May 1, 2008 Mr. Randall LaBauve, Vice President PALM BEACH COUNTY FPL UIC -FPL West County Energy Center 700 Universe Blvd. Class | |W-1, IW-2 & DZMW-1 Juno Beach FL 33408 Position: 26° 41° 26” N / 80° 22’ 30” W File #: 247895-007-UC Dear Mr. LaBauve: Enclosed is Permit Number 247895-007-UC, to construct and operationally test a Class | injection well system. Specifically to: convert exploratory well EW-2 to injection well |W-1, construct |W-2 and add dual zone monitoring well DZMW-1. This permit has been issued pursuant to Section(s) 403.087, Florida Statutes and Florida Administrative Codes 62-4, 62-520, 62-522, 62-528, 62-550, 62-600 and 62-601. [he system will be constructed at the FPL West County Energy Center, located at 20505 State Road 80, oxahatchee, Florida. Any party to this Order (permit) has the fight to seek judicial review of the permit pursuantto_ Section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, Mail ; Stop 5, 3900 Commonwealth Bivd., Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice, of Appeal must be filed within 30 days from the date this Notice is filed with the Clerk of the partment. Should you have any questions, please contact Mark A. Silverman, P.G., or Joseph R. May, P.G., of this office at (561) 681-6778 or (561) 681-6691, respectively. ° Executed in West Palm Beach, Florida. STATE OF FLORIDA : EPARTMENY OF ENVIRONMENTAL PROTECTION ye lor jack Long ate District Director we). District JULAB/IRM/mas Copies furnished to: UIC Permitting File, SED Richard Deuerling, FDEP/TLH Cathy McCarty, FDEP/TLH Steve Anderson, SFWMD Barbara Linkiewicz, FPL-Juno Beach John Gnecco, FPL-Juno Beach Jonathan Shaw, Golder Assoc. David McNabb, McNabb Hydrologic = Nancy Marsh, USEPA-Region iV Tom Lefevre, PBCHD Mike Halpin, FDEP Siting Office Ron Hoenstein, OGC Alexandria Larson Paim Beach Environmental Coalition c/o Panagiotis Tsolkas Rosa Durando Michael Christiansen Barry Silver, Esq. Southern States Land and Timber CERTIFICATE OF SERVICE This is t ix this NOTICE OF PERMIT and all copies were.mailed before the close of business on to the listed persons. el mp FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to the §120.52, Florida Statutes, with the degignated Department Clerk, receipt of which is here y acknowled i Ub nedie Os Liame A & hi by Clerk Date Department of . . Charlie Crist Environmental Protection Goverer Jeff Kottkamp Lt. Governor Southeast District 400 N. Congress Avenue — Suite 200 Michael W. Sole West Palm Beach, Florida 33401 Secretary Mr. Randall LaBauve, Vice President PALM BEACH COUNTY FPL UIC - FPL West County Energy Center 700 Universe Blvd. Class | 1W-1, IW-2 & DZMW-1 Juno Beach FL 33408 Position: 26° 41’ 26” N / 80° 22° 30” W- File No.: 247895-007-UC Dear Mr. LaBauve: The Department of Environmental Protection gives notice that An Intent to Issue Permit (Permit No. 0247895-007-UC) has been prepared for Mr. Randall LaBauve, Vice President, FPL, Juno Beach, FL 33408, to convert and operationally test exploratory well EW-2 to a Class | injection well |W-1, construct and operationally test injection well |W-2, and incorporate permitted for construction dual zone monitoring well DZMW-1 into the Class | injection well system. These three wells would then constitute an injection well system under this permit for the disposal of industrial wastewater at the FPL, West County Energy Center, located at 20505 State Road 80, Loxahatchee, Florida. This permit has been issued pursuant to Section(s) 403.087, Florida Statutes and Florida Administrative Codes 62-4, 62-520, 62-522, 62-528, 62-550, 62-600 and 62-601. The injection interval, for each injection weil, shall be in the "Boulder Zone" in the lower Oldsmar Formation, and is planned to be in an approximate interval from 2775 feet below pad level to the total depth of the each well, (IW-1 total depth is 3400 ft below pad level; IW-2 total depth is expected to be 3250 feet below pad level). The confinement of the injection zone from overlying underground source of drinking water (USDW) aquifers and fluid movement adjacent to the well bore of the injection well will be monitored by two monitoring zones in monitoring well DZMW-1. Ail depths projected in the permit application (and referenced above) are preliminary; final depths in, Injection Well IW-2 will be determined during construction and field testing. The Class | injection well system is designed for use in the new West County Energy Center for sufficient disposal of non hazardous wastewater, consisting primarily of cooling tower blowdown water generated as a result of electrical power generation. Any party to this Order (permit) has the right to seek judicial review of the permit pursuant to Section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rutes of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, Mail Stop 35, 3900 Commonwealth Bivd., Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the'applicabie filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this Notice is filed with the Clerk of the Department. Should you have any questions, please contact Joseph May, P.G., or Vanessa Osborne, of this office at (561) 681-6691 or (561) 681-6745, respectively. Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF IRONMENTAL PROTECTION “| - OF" joutheast District NULABiim . cc: UIC Permitting File, SED Richard Deuerling, FOEP/TLH Cathy McCarty, FDEP/TLH Steve Anderson, SFWMD: Barbara Linkiewicz, FPL-Juno Beach John Gnecco, FPL-Juno Beach Jonathan Shaw, Golder Assoc. David McNabb, McNabb Hydrologic Con. Nancy Marsh, USEPA-Region IV Tom Lefevre, PBCHD Mike Halpin, FDEP Siting Office ~ Ron Hoenstein, OGC. Palm Beach Environmental Coalition c/o Panagiotis Tsolkas Alexandria Larson Rosa Durando Michael Christiansen Barry Silver, Esq. Souther States Land and Timber CERTIFICATE OF SERVICE This ig to yu 't this NOTICE OF PERMIT and all copies were mailed before the close of business on 5 } i to the listed persons. Clerk Stamp : FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to the §120.52, Florida Statutes, with the designated OI Clerk, receipt of which is hereby acknowledged. Ubrrame. 1] apne _clilos Clerk Date [this space intentionally blank] Department of Charlie Crist E . t | Pp t ti Governor nvironmental Protection —aretkanp Lt. Governor Southeast District . 400 N. Congress Avenue — Suite 200 Michael W. Sole West Palm Beach, Florida 33401 Secretary PERMITTEE: Mr. Randal! LaBauve, Vice President PALM BEACH COUNTY FPL UIC - FPL West County Energy Center 700 Universe Blvd. Class | IW-1, IW-2 & DZMW-1 Juno Beach FL 33408 Position: 26° 41’ 26” N / 80° 22’ 30” W File No: 247895-007-UC PROJECT: Convert and to operationally test exploratory well EW-2 to a Class | injection weil IW-1, construct and operationally test injection well \W-2, and incorporate permitted for construction dual zone monitoring well DZMW-1 into the Class | injection well system This permit is issued under the provisions of Chapter 403.087, Florida Statutes, and Florida Administrative Code (F.A.C.) Rules 62-4, 62-520, 62-522, 62-528, 62-550, 62-600 and 62-601. The above named permittee is hereby authorized to perform the work or operate the facility shown on the application and approved drawing(s), plans, and other documents attached hereto or on file with the Department and made a part hereof and specifically described as follows: TO CONSTRUCT AND OPERATIONALLY TEST: The injection interval, for each injection well, shall be in the "Boulder Zone" in the lower Oldsmar Formation, and is planned to be in an approximate interval from 2775 feet below pad level to the total depth of the each well, (IW-1 total depth is 3400 ft below pad level; IW-2 total depth is expected to be 3250 feet below pad level). The confinement of the injection zone from overlying underground source of drinking water (USDW) aquifers and fluid movement adjacent to the well bore of the injection well will be monitored by two monitoring zones in monitoring well DZMW-1. All depths projected in the permit application (and referenced above) are preliminary; final depths in Injection Well IW-2 will be determined during construction and field testing. The Class | injection well system is designed for use in the new West County Energy Center for non hazardous wastewater, consisting primarily of cooling tower blowdown water generated as a result of electrical power generation. IN ACCORDANCE WITH: Application to Construct a Class | Injection Well System received 25 April 2007.. LOCATED AT: FPL West County Energy Center, located at 20505 State Road 80, Loxahatchee, Florida TO SERVE: the Florida grid SUBJECT TO: General Conditions 1-24 and Specific Conditions 1-11 Mr. Randall LaBauve PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class | {W-1, IW-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 2 of 22 GENERAL CONDITIONS: The following General Conditions are referenced in Florida Administrative Code Rule 62-528.307. 1. The terms, conditions, requirements, limitations and restrictions set forth in this permit are “permit conditions” and are binding and enforceable pursuant to Section 403.141, F.S. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement ‘action. As provided in Subsection 403.087(7), F.S., the issuance of this permit does not convey any vested rights or exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be required for other aspects of the total project which are not addressed in this permit. This permit conveys no title to land, water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title. This permit does not relieve the permittee from liability for harm to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefrom; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department. The permittee shall properly operate and maintain the facility and systems of treatment and control (and related appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, or are required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation of credentials or other documents as may be required by law and at reasonable times, access to the premises where the permitted activity is located or conducted to: a. Have access to and copy any records that must be kept under conditions of this permit; b. Inspect the facility, equipment, practices, or operations regulated or required under this permit; and c. Sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules. Reasonable time will depend on the nature of the concem being investigated. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the following information: a. A description of and cause of noncompliance; and i Mr. Randall LaBauve : PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class | \W-1, IW-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 3 of 22 GENERAL CONDITIONS: 10. “4 a 12. 13. b. The period of noncompliance, including dates and times; or, if not corrected the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent the recurrence of the noncompliance. The permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or for revocation of this permit. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except where such use is prescribed by Sections 403.111 and 403.73, F.S. Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules. The permittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department rules. . This permit is transferable only upon Department approval in accordance with Rules 62-4.120 and 62-528.350, F.A.C. The permittee shall be tiable for any non-compliance of the permitted activity until the transfer is approved by the Department. . This permit or a copy thereof shall be kept at the work site of the permitted activity. The permittee shall comply with the following: a. Upon request, the permittee shall furnish all records and plans required under Department rules. During enforcement actions, the.retention period for all records shall be extended automatically unless the Department determines that the records are no longer required. b. The permittee shall hold at the facility or other location designated by this permit records of all monitoring information (including calibration and maintenance records and ail original strip chart recordings for continuous monitoring instrumentation) required by the permit, copies of ail reports required by this permit, and records of all data used to complete the application for this permit. These materials shall be retained at least three years from the date of the sample, measurement, report, or application unless otherwise specified by Department rule. c. Records of monitoring information shall include: 1) the date, exact place, and time of sampling or measurements; 2) the person responsible for performing the sampling or measurements; 3) the dates analyses were performed; 4) the person responsible for performing the analyses; 5) the analytical techniques or methods used 6) the results of such analyses d. The permittee shall furnish to the Department, within the time requested in writing, any information which the Department requests to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. Mr. Randall LaBauve PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class | IW-1, W-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 4 of 22 GENERAL CONDITIONS: e. If the permittee becomes aware that relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be corrected promptly. 14. All applications, reports, or information required by the Department shail be certified as being true, accurate, and complete. 15. Reports of compliance or noncompliance with, or any progress reports on, requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each scheduled date. 16. Any permit noncompliance constitutes a violation of the Safe Drinking Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. 17. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 18. The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this permit. 19. This permit may be modified, revoked and reissued, or terminated for cause, as provided in 40 C.F.R. Sections 144.39(a), 144.40(a), and 144.41 (1998). The filing of a request by the permittee for a permit modification, revocation or reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. 20. The permittee shail retain all records of all monitoring information concerning the nature and composition of injected fluid until five years after completion of any plugging and abandonment procedures specified under Rule 62-528.435, F.A.C. The permittee shall deliver the records to the Department office that issued the permit at the conclusion of the retention period unless the permittee elects to continue retention of the records. 21. All reports and other submittals required to comply with this permit shall be signed by a person authorized under Rules 62-528.340(1) or (2), F.A.C. All reports shall contain the certification required in Rule 62-528.340(4), F.A.C. 22. The permittee shall notify the Department as soon as possible of any planned physical alterations or additions to the permitted facility. In addition, prior approval is required for activities described in Rute 62-528.410(1)(h). 23. The permittee shail give advance notice to the Department of any planned changes in the permitted facility or injection activity which may result in noncompliance with permit requirements. Mr. Randall'LaBauve PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class | IW-1, IW-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 5 of 22 GENERAL CONDITIONS: 24. The permittee shall report any noncompliance which may endanger health or the environment including: a. Any monitoring or other information which indicates that any contaminant may cause an endangerment to an underground source of drinking water; or b. Any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between underground sources of drinking water. All information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shail contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. [space intentionally blank] Mr. Randall LaBauve PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class | W-1, IW-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 5 of 23 SPECIFIC CONDITIONS: 1. General Requirements This permit is for FPL to construct and operation test two Ciass | industrial injection wells, IW-4 and IW-2, and incorporate the dual zone monitoring well, DZMW-1. This permit does not authorize the construction or operational testing of any other well or wells associated with the FPL project. . , Four permanent surficial aquifer system monitoring wells, identified as Pad Monitoring Wells (PMWs), shall be located near the corners of the pads to be constructed for IW-2, and shall be identified by location number and pad location, i-e., |W-2-NW, IW-2-NE, IW-2-SW, and IW-2-SE. If located in a traffic area the well head(s) must be protected by traffic bearing enclosure(s) and cover(s). Each cover must lock and be specifically marked to identify the well and its purpose. The PMWs shail be sampled as follows: 1) During the construction and associated testing phases, the PMWs shall be sampled weekly for chlorides (mg/L.), specific conductance (umho/em or pS/cm), temperature and water level (relative to the North American Vertical Datum of 1988 [NAVD 88}). 2) Initial PMW analyses shall be submitted prior to the onset of drilling activities. 3) The PMWs shall also be sampied for total dissolved solids (mg/L) during the first four weeks of PMW sampling and at all times when specifically requested by the Department. The results of the PMW analyses shail be submitted to the Department within 30 days of the completion of the activity. A summary sheet from the FDEP Southeast District is attached for your use when reporting the above information. The PMWs shall be retained in service throughout the construction phase of the project. Upon completion of construction, the permittee may submit a request to the Department for cessation of sampling followed by capping, or plugging and abandonment of these wells. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. No underground injection is allowed that causes or allows movement of fluid into an underground source of drinking water (USDW), except as authorized under the federal regulations at 40 CFR 146.15 and 146.16. 2. Construction and Testing Requirements a. The measurement points for drilling and logging operations shall be surveyed and referenced to the North American Vertical Datum of 1988 (NAVD 88) prior to the onset of drilling activities for the injection well and associated dual zone monitoring well. Biow-out preventers shall be installed on well IW-2 prior to penetration of the Floridan aquifer " system. Mr. Randall LaBauve PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class | IW-1, IW-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 6 of 23 ° SPECIFIC CONDITIONS: c. No drilling operations shall begin without an approved disposal site for drilling fluids, cuttings, or waste. it shall be the permittee's responsibility to obtain the necessary approval(s) for disposal prior to the start of construction. A detailed disposal plan shall be submitted to the Department prior to the commencement of drilling activities (for the injection and monitoring wells). d. The Department shall be notified 7 days prior to the mobilization of drilling operations to the site. e. Hurricane Preparedness — Upon the issuance of a “Hurricane Watch” by the National Weather Service, the preparations to be made include but are not necessarily limited to the following: 1) Secure all on-site salt and stockpiled additive materials to prevent surface and/or ground water contamination. 2) Properly secure drilling equipment and rig(s) to prevent damage to well(s) and on-site treatment process equipment. f. Waters spilled during construction or testing of the injection well system shall be contained and properly disposed. g. Department notification and approvals are required prior to the following stages of construction and testing: 1) Notification of operation to install tubing into !W-1, three full business days 2) Notifications of video survey, pressure test and radioactive survey of IW-1, three full business days 3) Spud date of IW-2, three full business days 4) Each casing seat landing shall be recommended and approved prior to installation, |W-2 5) Notification of operation to install tubing into |W-2, three full business days 6) Notifications of video survey, pressure test and radioactive survey of !W-2, three full business days 7) Request to short term injection test, !W-1 and IW-2 8) Operational testing inspection request, IW-1 and IW-2 9) Notification that weekly sampling of DZMW-1 has commenced, within three full business days [space intentionally blank] Mr. Randall LaBauve PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class | 1W-1, IW-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 7 of 23 SPECIFIC CONDITIONS: h. The conversion program to convert exploratory well EW-2 into injection well IW-1, shall at a minimum include: 1) 2) 3) 4) Conduct a video survey to inspect the length of the nominal 20-inch diameter final casing and outer mandrel of the YBI positive seal packer Install approximately 2770 feet of nominal 16-inch diameter fiberglass reinforced pipe (FRP) tubing and YBI positive seal inner mandrel Fill entire annulus between the FRP tubing and final casing with 1% Baracor 100° solution immediately prior to seating the FRP tubing into the outer mandrel Conduct pressure test of the fluid filled annulus for a minimum of 60 minutes; with an anticipated pressure of 150 psig Perform radioactive tracer survey (RTS) Conduct preliminary capacity injection test Conduct step injection test Acement well pad of approximately 30 feet x 50 feet shall be constructed : The Final Report shall include a professional interpretation of pad monitoring well data and a recommendation to continue monitoring or to properly plug and abandon the wells i. The construction and testing program for injection well |W-2, shall at a minimum include: 1) 2) 3) 4) 5) 8) 7) 8) 9) 10) 11) 42) 13 = 14 > 18) 16) Single shot drift surveys shall be performed at interval of not less than 90 feet as the well boring is advanced . Advance 68-inch nominal bore to approximately 40 feet below pad level and install nominal 60-inch steel casing Advance a 12-inch nominal pilot hole from approximately 225 feet beiow pad level using mud rotary method : Perform X-Y caliper and gamma ray logs. : Ream a 60-inch nominal bore, using the mud rotary method, to approximately 225 feet below pad level Perform X-Y caliper and gamma ray logs Install 52-inch steel casing to approximately 200 feet below pad level, cement into place with a temperature log after each lift. Advance a 12-inch nominal pilot hole, using the mud rotary method, to approximately 975 feet below pad level using mud rotary method Perform dual induction, spontaneous potential, X-Y caliper, and gamma ray logs Ream a 52-inch nominal bore, using the mud rotary method, to approximately 950 feet below pad level Perform X-Y caliper and gamma ray logs Install 42-inch steel casing to approximately 950 feet below pad level, cement into place with a temperature log after each lift Advance a 12-inch nominal pilot hole, using the mud rotary method, to approximately 2000 feet below pad level using closed circuit reverse air method. A minimum of two packer tests shall be performed in the interval to determine the depth of the 10,000 mg/L TDS isociine (i.e., base of the USDW). . Perform dual induction, spontaneous potential, X-Y caliper, gamma ray, sonic, flowmeter, fluid conductivity, and temperature logs. Cement pilot hole from bottom to 1100 feet below pad level or shallower. . Ream a 42-inch nominal bore, using the closed circuit reverse air method, to approximately 1975 feet below pad level Mr. Randall LaBauve . PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class | IW-1, |W-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 8 of 23 SPECIFIC CONDITIONS: 17) 18) 19) 20 aS 21 =a 22 23) 24) 25 = 26) 27) 28 od 29) 30) 31) 32) 33) 34) 35) 36) Perform X-Y caliper and gamma ray logs : Install 30-inch steel casing to approximately 1970 feet below pad level, cement the lower 200 feet into place with a temperature log after each lift Advance a 12-inch nominal pilot hole, using the closed circuit reverse air method, to approximately 3250 feet below pad level. A minimum of three packer tests shall be performed in the interval to obtain confining characteristics of field selected intervals. Similarly, a minimum of three cores with core intervals with a minimum of 10 ft in length. Each coring event shall results in a minimum of 3 feet of recovered core. The packer testing and core collecting are anticipated to occur between 1950 and 2800 feet below pad level. Perform dual induction, spontaneous potential, X-Y caliper, gamma ray, sonic, flowmeter, fluid conductivity, temperature logs. Additionally, either a video survey or bore hole televiewer shall be run, the method contingent upon acceptable clarity. Install a drillable cement plug at approximately 2750 feet below pad level and grout pilot from the plug to approximately 2050 feet below pad level. Ream a 30-inch nominal bore, using the closed circuit reverse air method, to approximately 2770 feet below pad level then a 20-inch nominal bore to approximately 3250 feet below pad level Perform X-Y caliper and gamma ray logs . Install 20-inch seamless steel casing with YBI positive seal packer outer mandrel to approximately 2770 feet below pad level, cement to within 250 feet below pad level (leaving approximately 250 of open interval at the top to be cemented subsequent to cement bond logging) with a temperature log after each lift Conduct casing pressure test using an inflatable packer for a minimum of 60 minutes, with an anticipated pressure of 150 psig. : Perform cement bond log . : Cement uppermost 250 feet interval of the final casing annulus Conduct a video survey to inspect the length of the nominal 20-inch diameter final casing and outer mandrel of the YBI positive seal packer. Should installation of the FRP tubing not occur within four months of this video survey, then another video survey shall be accomplished and approved prior to installation of the FRP tubing. install approximately 2770 feet of nominal 16-inch diameter fiberglass reinforced pipe (FRP) tubing and YBI positive seal inner mandrel. Fill entire annulus between the FRP tubing and final casing with 1% Baracor 100° solution immediately prior to seating the FRP tubing into the outer mandrel. Conduct pressure test of the fluid filled annulus for a minimum of 60 minutes; with an anticipated pressure of 150 psig. Perform radioactive tracer survey Conduct preliminary capacity injection test Conduct step injection test A cement well pad of approximately 30 feet x 50 feet shall be constructed The Final Report shall include a professional interpretation of pad monitoring well data and a recommendation to continue monitoring of to properly plug and abandon the wells Mr. Randall LaBauve PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class { |W-1, IW-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 9 of 23 SPECIFIC CONDITIONS: Dual zone monitoring well DZMW-1 shall be added to this permit upon acceptance of the Final Report of the construction either separately under its permit number (Permit No. 247895-006-UC) or under this permit. Sampling and analysis for determination of ambient ground water quality in both monitoring zones shall occur prior to any injection into either IW-1 or IW-2. Additionally, weekly sampling of the monitoring zones shall commence a minimum of four weeks prior to use of either 1W-1 or IW-2. if additives are used during grouting, for lost circulation or for any other reason — which were not approved i in the permit application — information on their properties shall be submitted to FDEP prior to their use — for Department review and approval. Use of such additives may be authorized in a minor permit modification after receipt of an application form, supporting data, and the applicable fee. Packer testing shall at a minimum include the following: 1) Packer tests will be performed in the anticipated confining zones. At least one packer test supporting the demonstration of confinement will be obtained from each interval under consideration, based on the data collected to date, to be a confining unit. To the extent feasible, the packer tests in the confining zones shail be performed over intervals that are sufficiently narrow so as not to include high hydraulic conductivity beds. 2) Water samples shall be collected from each packer test, and analyzed for total dissolved solids (TDS), chlorides, sulfate, temperature compensated specific conductance, ammonia and Total Kjeldahl Nitrogen (TKN), at a minimum. The confinement of the injection zone in the injection well system from overlying aquifers shall be monitored using the dual-zone monitoring well and a ground water monitoring program. The intention of this monitoring well system design is to have the upper monitoring zone to be the compliance point with regard to matters of the USDW and to have the lower monitoring zone to be the compliance point with regard to vertical movement out of the injection zone. Confinement for the Injection Well !W-2 location shall be demonstrated using, at a minimum, directly measured lithologic properties, geophysical evidence, and tests performed while pumping the formation. Test results pertaining to confinement shall include and specifically reference the following : informational and quality control items: 1) Information that documents the calibration of tools, including field checks prior to testing. 2) The conditioning/development of the borehole prior to logging, including the techniques used and the time periods in which applied, and 3) Pertaining to packer and pump testing — recording the pumping rate regularly throughout the test to account for possible variations in the pumping rate, and providing information regarding the detection of packer leaks, if any, during testing. Representative samples of circulation fluid shall be collected during the drilling of the pilot hole of Injection Well |W-2. Additionally, for \W-2, the representative samples of circulation fluid shall be collected a minimum of every 30 feet in drilling from a depth of approximately 1,000 feet bis to the top of the “Boulder Zone” preliminarily estimated at approximately 3,000 feet bis. Mr. Randall LaBauve PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class | IW-1, IW:2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 10 of 23 SPECIFIC CONDITIONS: q. If effluent is encountered or suspected during pilot hole drilling and testing, the Department shall be notified immediately by telephone and in writing; with immediate appropriate precautionary measures shail be taken to prevent any upward fluid movement. r. Mechanical integrity of the injection welt shall be determined pursuant to Rules 62-528.300(6)(b)1. and 62-528.300(6)(c), F.A.C. 1) The pressure test for the final casing shall be accepted if tested with a liquid filled casing at 1.5 times the operating pressure at which the well is to be permitted. A test tolerance of not greater than +5%, (i.e., 5% in total) must be certified by the Engineer of Record. 2) Verification of pressure gauge calibration must be provided to the Department representative at the time of the test and in the certified test report. s. The Department shall be notified at least three full business prior to ail testing for mechanical integrity. t. All testing for mechanical integrity must be initiated during normal business hours, Monday through Friday. u. _UIC-TAC meetings are scheduled on the 2" and 4" Tuesday of each month subject to a five working day prior notice and timely receipt of critical data by all UIC-TAC members. Emergency meetings may be arranged when justified fo avoid undue construction delays. 3. Quality Assurance/Quality Control Requirements a. Pursuant to Rule 62-528.440(5)(b), FAC., the Professional Engineer(s) of Record shall certify all documents related to the completion of the Class | injection well system (including the associated Floridan aquifer monitoring well) as a disposal facility. The Department shall be notified immediately of any change of the Engineer(s) of Record. b. In accordance with Section 492, Florida Statutes, all documents prepared for the geological/hydrogeological evaluation of the injection well system shall be signed and sealed by a Florida Licensed Professional Geologist or qualified Florida Licensed Professional Engineer. c. - Continuous on-site supervision by qualified personnel (engineer or geologist) is required during all testing, geophysical logging and cementing operations. 4. Reporting Requirements a. This project shall be monitored by the Department with the assistance of the TAC, which consists of representatives of the following agencies e Department of Environmental Protection, West Palm Beach and Tallahassee * South Florida Water Management District (SFWMD), West Palm Beach Mr. Randall LaBauve PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class | IW-1, IW-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 11 of 23 : SPECIFIC CONDITIONS: «. Palm Beach County Health Dept (PBCHD), West Palm Beach b. The permittee shall provide copies of all correspondence relative to this permit to each member of the UIC-TAC. Such correspondence includes but is not limited to reports, schedules, analyses and geophysical logs required by the Department under the terms of this permit. The permittee is not required to provide specific correspondence to any UIC-TAC member who submits to the permittee a written request to be omitted as a recipient of specific correspondence. c. Adrilling and construction schedule shall be submitted to the Department and all members of the UIC-TAC prior to site preparation for the injection well system. . d. The Department and other applicable agencies must be notified of any unusual or abnormal events occurring during construction, and in the event the permittee is temporarily unable to comply with the provisions of the permit (e.g., on-site spills, artesian flows, large volume circulation losses, equipment damage due to: fire, wind and drilling difficulties, etc.). Any information shall be provided orally or by electronic mail within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within five days of the time the permittee becomes aware of the circumstances. The written submission shail contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. e. The permittee shall report any noncompliance which may endanger health or the environment, including: 1) Any monitoring or other information which indicates that any contaminant may cause an endangerment to a USDW; or 2) Any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between USDWs. Any information shall be provided verbally or by electronic mail within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within five days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. f. Weekly progress reports shall be submitted throughout the construction period for IW-1 and IW- 2. These reports, which may be submitted by electronic mail, shall be submitted within 48 hours of the end of the period of record and shall include at a minimum the following information: 1) Acover letter summary of the daily engineer report, driller’s log and a projection for activities in the next reporting period. Mr. Randall LaBauve PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class { IW-1, 'W-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 12 of 23 SPECIFIC CONDITIONS: 2) Daily engineers report and driller’s/work log with detailed descriptions of all drilling progress, cementing, testing, logging, and casing installation activities. 3) _Lithologic and geophysical logs, deviation survey results, and water quality test results. 4) _ Interpretations shall be included with all test results and logs submitted under Items 2) and 3) above. 5) Detailed description of any unusual construction-related events that occur during the reporting period. 6) Weekly water quality analysis and water levels for the eight pad monitoring wells. [See S.C. 1.b.] : 7) Acertified evaluation of all logging and test results must be submitted with test data. 8) Description of the formations and lithology encountered. 9) Details of cementing operations, including the number of cementing stages, and the following information for each stage of cementing: pumping rate, volume of cement pumped, theoretical fill depth, and actual tag depth. From both the physical tag and the geophysical logs, a percent fill shail be calculated. An explanation of any deviation between actual versus theoretical fill shall be provided. . g. Per Rules 62-528.410(4)(c), 62-528.420(4)(c) and 62-528.605(2), F.A.C., the final selection of specific injection intervals must be approved by the Department. in order to obtain an approval, the permittee shall submit a request to the Department. The request shall be submitted concurrently to all members of the UIC-TAC. All casing seat requests for the injection weil and the Floridan aquifer monitoring well shall be accompanied by technical justification. To the extent possible, each casing seat request should address the following items: 14) Lithologic and geophysical logs with interpretations, as the interpretations relate to the casing seat. 2) Water quality data (including but not necessarily limited to TDS concentrations). 3) Identification of confining units, including hydrogeologic data and interpretations. 4) Identification of monitoring zones. 5) Casing depth evaluation (mechanically secure formation, potential for grout seal). 6) _ Lithologic drilling rate and weight on bit data, with interpretations (related to the casing seat). . 7) Identification of the base of the USDW using water quality, Rwa plots, and geophysical log interpretations. h. An interpretation of all test results and geophysical logs must be submitted with all submittals. i. The short-term injection test, for |W-1 and IW-2, requests shall contain the following justifications, for each request: 1) Cement bond logs and interpretation. 2) Final downhole television survey with interpretation. 3) Radioactive tracer test results 4) Demonstration of mechanical integrity, which shall include Items 1) through 3) above, and the pressure testing-and temperature logging results 5) Reasonable assurance that adequate confinement exists. 6) Planned injection testing procedures. | | Mr. Randall LaBauve PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class 1 IW-1, IW-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 13 of 23 SPECIFIC CONDITIONS: j. Upon completion of analysis of cores (when no longer needed by the permittee) and sample cuttings recovered during the construction of Injection Welt IW-2, the permittee shall contact the UIC Section of the Department of Environmental Protection in Tallahassee to arrange their transfer to the Florida State Geologic Survey. k. A final report of the construction and testing of IW-1, IW-2, and DZMW-1 (the Final Report for DZMW-1 may be submitted independently) shall be submitted no later than 120 days after commencement of operational testing, pursuant to Rule 62-528.430(1)(e), F.A.C. This report shail include, at a minimum: definitions of the injection interval, all relevant confining units, the depth of the base of the USDW and all monitoring zones, including all relevant data and interpretations. 5. Operational Testing Requirements a. The operational testing of the Class | injection well system under this permit shall not commence without written authorization from the Department. b. Prior to operational testing approval, the following items must be submitted (with the request for operational testing approval) for UIC-TAC review and Department approval: 1) Lithologic and geophysical logs with interpretations 2) Acopy of the borehole television survey(s) or borehole televiewer results of the injection well, with interpretation 3) Certification of mechanical integrity and interpreted test data 4) Results of the short-term injection test with interpretation of the data. Each injection well shall first be tested for integrity of construction, and shall be followed by a short term injection test of such duration to allow for the prediction of operating pressure. The test results shall include a calculation or determination of fracture pressure of the injection formation [per Rule 62-528.410(6)(b)3., F.A.C.]. For a minimum of 12 hours, the injection test rate shall be run at no less than the maximum rate at which injection is to be . authorized (for operational testing). IW-1 and IW-2 may each be tested at a rate not exceeding 12 feet per second (fps) since, in a multiple well system, this can be allowed for when one of the other injection wells is inoperable due to planned testing or maintenance. However, under normal operation the velocity cannot be permitted to exceed 10 feet per second. Pressure or water level data from the injection zone and both monitoring zones shall be recorded continuously for at least 24 hours before the test and at least 24 hours following the test. The following data shall be recorded, analyzed, and reported for the duration of each injection test (i.e., all data should encompass the entire background, injection and recovery periods): « injection flow rate, in MGD, with all injection periods recorded injection wellhead pressure, in psig * pressure with no flow (shut-in pressure in psig) _ Mr. Randall LaBauve PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class | IW-1, |W-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 14 of 23 SPECIFIC CONDITIONS: 5) 8) 7) 8) 9) 10 Pond 11 = 12 ~~ 13 = 14 = © monitoring well pressures (upper and lower zones) tidal data e barometric pressure A description of the actual injection procedure including the anticipated maximum pressure and flow rate at which the well will be operated under normal and emergency conditions. Information concerning the compatibility of the injected waste with fluids in the injection zone and minerals in both the injection zone and the confining zone. Certification of completion of well construction. Surface equipment (including piping, pressure gauges and flow meters, and all appurtenances) completion certified by the Engineer of Record. Draft operation and maintenance manual, including a description of surge and water hammer control and emergency discharge management plan procedures. The emergency discharge system must be fully constructed and operational (ready to opefate) prior to approval of operational testing. Calibration certificates for pressure gauges and flow meters. Signed and sealed record “as-built" engineering drawings of the injection well system including all well construction, subsurface and surface piping and equipment, and appurtenances. The demonstration of confinement for each injection well location, prepared providing confirmation of confinement and defining the injection and confining sequences utilizing data collected during the drilling, logging and testing of the injection well and dual zone monitoring well. The report shall include the results of hydraulic testing (permeability, porosity, etc.) on the cores, and shall be reviewed and updated as appropriate after the completion of any additional injection/monitoring well pairs in the future from the confining interval. This submittal shall be prepared, signed, and sealed by a Florida Registered Professional Geologist or appropriately qualified Professional Engineer. Background water quality data from the monitoring and injection zones, analyzed for primary and secondary drinking water standards (62-550, F.A.C.) and minimum criteria parameters (62-520, F.A.C.) as attached. Other data obtained during well construction needed by the Department to evaluate whether the well will operate in compliance with Department Rules. [Rule 62-528.450(3)(a)3.i., F.A.C.] c. Prior to operational testing, the permittee shall comply with the requirements of Rule 62-528.450(3)(a),(b), and (c), F.A.C. Mr. Randall LaBauve PERMIT/CERTIFICATION NUMBER: 0247895-007-UG FPL West County Energy Center DATE OF ISSUANCE: May 4, 2008 Class | IW-1, IW-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 15 of 23 SPECIFIC CONDITIONS: d. Pursuant to Rules 62-528.425(1)(a) and 62-528.450(2)(f)3., F.A.C., a wastewater stream analysis (24-hour composite sample) for primary and secondary drinking water standards (Chapter 62-550, F.A.C.) and minimum criteria, see attached list, shall be sampled and submitted, with interpretation to the Department, within 90 days of power plant operations start-up. Biological and VOCs shall be collected by grab or in situ. Sampling requirements with regard to the upper and lower monitoring zones may be altered upon review of the results. e. Pressure gauges and flow meters shall be installed on all wells of the injection well system (Le, W-1, 1W-2, and DZMW-1) prior to initiating injection activities at the site. . f. _ Prior to the authorization of operational testing by the Department, the permittee shall contact the UIC Section of the Department, Southeast District, to arrange a site inspection. The inspection will determine if the conditions of the permit have been met and to verify that the injection well system is operational. During the inspection, emergency procedures and reporting requirements shall be reviewed. ‘ : 6. Operational Testing Conditions a. Upon receipt of written authorization from the Department [S.C. 5.a.], the operational testing of the injection well system shall be subject to the following conditions: 1) Aqualified representative of the Engineer of Record shall be present for the start-up operations. . 2) The Department shall be notified in writing of the date of commencement operations. 3) The Department and UIC-TAC will monitor the progress of the operational testing phase of this project. UIC-TAC meetings shall be held if necessary to aid the Department in determining if it may be necessary to modify the operational testing conditions. If requested by the Department, reports evaluating the system's progress shall be submitted to the Department and each member of the UIC-TAC at least two weeks prior to the scheduled UIC-TAC meeting. The conditions for the operational testing period may be modified by the Department at each of these UIC-TAC review intervals. 4) The flow to the injection well at the wellhead shall be monitored and controlled at all times to ensure the maximum injection rate does not exceed the rate at which the well was tested. Should the tested rate be restricted because of a limited volume of source water available during the initial injection test, a second (higher-rate) injection test may be performed during operational testing, to verify capacity at higher flows when sufficient source water volume is available. Department authorization is required to test at the higher rate. An increase in the permitted rate up to 10 feet per second may be authorized in a minor permit modification after receipt of an application form, supporting data, and the applicable fee, should the original rating test not occur with a rate of 10 feet per second. 5) Injection well system monitoring devices: Mr. Randall LaBauve PERMIT/CERTIFICATION NUMBER: 0247895-007-UG FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class | IW-1, IW-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 16 of 23 SPECIFIC CONDITIONS: 8) i 8) 9) 10 11 = = a) Pursuant to Rule 62-528.425(1)(b), F.A.C., the injection well system shall be monitored by continuous indicating, recording and totalizing devices to monitor effluent flow rate and volume, and continuous indicating and recording devices to monitor injection pressure and monitoring zone pressure (or water level, as appropriate; all zones). Alll indicating, recording and totalizing devices shall be maintained in good operating condition. b) The surface equipment shall be such that manual backup capability to monitor pressure shall be provided for systems utilizing automatic and continuous recording equipment. The permittee shall calibrate all pressure gauges, flowmeters, chart recorders, and other related equipment associated with the injection well system on a semiannual basis, at a minimum. The permittee shall maintain all monitoring equipment and shall ensure that the monitoring equipment is calibrated and in proper operating condition at all times. Laboratory equipment, methods, and quality control will follow United States Environmental Protection Agency (USEPA) guidelines as expressed in Standard Methods for the Examination of Water and Wastewater. The pressure gauges, flow meter, and chart records shall be calibrated using standard engineering methods. Each wellhead and associated appurtenances shall be equipped with lightning arrestors, surge capacitors or other similar devices. The flow from the monitoring zones during well evacuation and sampling must not be discharged to surface waters or aquifers containing a USDW. The injectate shall be non-hazardous in nature at all times, as defined in 40-CFR, Part 261 and as adopted in Chapter 62-730, F.A.C. Mechanical Integrity a) _ Injection is prohibited until the permittee demonstrates that the well has mechanical integrity. Prior to operational testing the permittee shall establish, and thereafter maintain, the mechanical integrity of the wells at all times. b) If the Department determines that an injection well lacks mechanical integrity, written notice shall be given to the permittee. c) Within 48 hours of receiving written notice that a well lacks mechanical integrity, unless the Department requires immediate cessation of injection, the permittee shall cease injection into the well uniess the Department allows continued injection pursuant to subparagraph (d) below. d) The Department shall allow the permittee to continue operation of a well that lacks mechanical integrity if the permittee has made a satisfactory demonstration that fluid movement into or between USDWSs is not occurring. The pressure at the wellheads shall be monitored and controlled at all times to ensure the maximum pressure at the wellhead casing does not exceed 66 percent (%) of the tested pressure on the final casing. [See S.C. 2t] Mr. Randall LaBauve PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class | 1W-1, IW-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 17 of 23 SPECIFIC CONDITIONS: 12) Any failure of Class | injection well monitoring and recording equipment for a period of 13 od more than 48 hours shall be reported within 24 hours to the Department. A written report describing the incident shall also be given to the Department within five days of the start of the event. The final report shall contain a complete description of the occurrence, a discussion of its cause(s) and the steps being taken to reduce, eliminate, and prevent recurrence of the event, and all other information deemed necessary by the Department. The injection system shail be monitored in accordance with Rules 62-528.425(1)(g) and 62-528.430(2), F.A.C. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. The following injection well performance and monitoring zone data shall be collected and reported to the Department in Monthly Operating Reports (MORs) as indicated below. : a) Injection well performance: (1) Physical characteristics of the injection weil: Flow rate parameters: average daily flow rate to injection well as measured from flowmeter (MGD) daily maximum sustained (15 minutes minimum) flow rate to injection weil (MGD) daily minimum sustained (15 minutes minimum) flow rate to injection well (MGD) ® monthly average of the daily flow rates to injection well (MGD) ® monthly maximum (peak hour) flow rate to injection well (MGD) * monthly minimum flow rate to injection well (MGD) Volumetric parameters: * total daily flow volume to injection well as measured from totalizer (MG) total monthly flow volume to injection well (MG) monthly average of the daily flow volumes to injection well (MG) monthly maximum of the daily flow volumes to injection well (MG) « monthly minimum of the daily flow volumes to injection well (MG) Wellhead pressure parameters: © daily average injection pressure at injection well (psig) ¢ daily maximum sustained (15 minutes minimum) injection pressure at injection well (psig) daily minimum sustained (15 minutes minimum) injection pressure at injection well (psig) : monthly average injection pressure at injection well (psig) monthly maximum sustained injection pressure at injection well (psig) monthly minimum sustained injection pressure at injection well (psig) monthly wellhead pressure with no flow (shut-in pressure, psig) Mr. Randall LaBauve FPL West County Energy Center PERMIT/CERTIFICATION NUMBER: 0247895-007-UC DATE OF ISSUANCE: May 1, 2008 Class 1 1W-1, IW-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 18 of 23 SPECIFIC CONDITIONS: (2) Chemica! characteristics of the wastewater stream sampled from the wet well - monthly: residue, total filterable (dried at 180° C) [total dissolved solids, TDS] (mg/L) chloride (mg/L) specific conductance (umho/em or ,S/cm) nitrogen, ammonia, total as N (mg/L) nitrogen, total Kjeldahl as N (TKN, mg/L) nitrate-nitrite nitrogen (mg/L) phosphorous, total as P (mg/L) pH (standard units, s.u.) sulfate, total as SO, (mg/L) The MORs shall indicate monthly averages for all parameters sampled daily. b) Monitoring well performance: (1) Physical characteristics — upper and lower monitoring zones potentiometric surface or water table height relative to NAVD 88 (feet of head) or pressure (psig) referenced to NAVD 88: daily maximum pressure or water level (as appropriate) daily minimum pressure or water level (as appropriate) daily average pressure or water level (as appropriate) monthly maximum pressure or water level (as appropriate) monthly minimum pressure or water level (as appropriate) monthly average pressure or water level (as appropriate) [space intentionally blank] Mr. Randall LaBauve PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class | 1W-1, IW-2 and DZMW-1. EXPIRATION DATE: April 30, 20114 Page 19 of 23 SPECIFIC CONDITIONS: (2) Chemical characteristics of the upper and lower monitoring zones: Weekly sampling: residue, total filterable (dried at 180° C) [total dissolved solids, TDS] (mg/L) chloride (mg/L) specific conductance (umho/cm or uS/cm) nitrogen, ammonia, total as N (mg/L) nitrogen, total Kjeldahl as N (TKN, mg/L) nitrogen, nitrate, total as N (mg/L) phosphorous, total as P (mg/L) pH (standard units, s.u.) sulfate, total as SO, (mg/L) total coliform (CFU/100 ml) field temperature (°C) Monthly sampling: sodium (mg/L) calcium (mg/L) potassium (mg/L) magnesium (mg/L) iron (mg/L) bicarbonate (mg/L) The MORs shall also indicate monthly averages for all parameters sampled weekly. c) After the upper and lower monitoring zones have been sampled weekly for a minimum of six months, the permittee may submit data for UIC-TAC review and Department approval to demonstrate that reasonable assurance of groundwater stability has been established in justification of any request to reduce the sampling frequency to monthly. The request for reduction in sampling frequency shall be accompanied by technical justification and interpretations. 14 = Aminimum of three well volumes of fluid shall be evacuated from the monitoring zones prior to sampling for the.chemical parameters listed above. A State-certified laboratory shall analyze all samples. Sufficient purging shall have occurred when either of the following have occurred: a) pH, specific conductance and temperature when sampled, upon purging the third or subsequent well volume, each vary less than 5% from that sampled upon purging the previous well volume; or b) upon purging the fifth well volume. 15 ~ All samples must be collected and analyzed in accordance with the quality assurance/quality control (QA/QC) requirements of Rule 62-160, F.A.C. Mr. Randall LaBauve . PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class | \W-1, IW-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 20 of 23 SPECIFIC CONDITIONS: 16) All injection well system data submissions including MORs shall be clearly identified on 17 18 19 ~~ Ed ~ each page with facility name, I.D. Number, permit number, operator's name, license number, daytime phone number, date of sampling/recording, and type of data. Monitoring zones shall be identified by well number and depth interval. The lead plant operator or higher official must sign and date each submittal. An approved summary sheet from the FDEP Southeast District UIC Section is attached. The permittee shall submit monthly to the Department the results of all injection well and monitoring well data required by this permit (MORs) no later than the last day of the month immediately following the month of record. The results shall be sent to the Department of Environmental Protection’s Southeast District Office (FDEP, UIC Section, 400 N. Congress Avenue, Suite 200, West Palm Beach, FL 33401). A copy of this report shail also be sent to the Department of Environmental Protection, Underground Injection Control Program, MS 3530, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. Acontrolled monthly specific injectivity test (rate with respect to pressure) shall be conducted on each injection well and in accordance with Rule 62-528.430(2)(d), F.A.C. This test shall be conducted at a rate that approaches the maximum design flow but which can be repeated on a monthly basis. The injectivity test results shall be reported to the Department in the MORs. The following data shall be recorded and reported: Parameters pertinent to flow rate: * injection flow rate as measured from flowmeter (MGD) e initial totalizer reading (gallons) © final totalizer reading (gallons) ¢ time (minutes) from initial to final totalizer readings Pressure parameters: static injection wellhead pressure (psig) : wellhead injection pressure fall-off — every 30 seconds until again static (psig) final pressure upon test cessation —- approximately 10-15 minutes (psig) wellhead pressure with no flow (shut-in pressure in psig) monitoring zone pressures (psig) Specific Injectivity shail be reported in gpm/psig. All readings shall be taken after a minimum 5-minute period of stabilized flow. Pursuant to Rule 62-528.430(2)(d), F.A.C., as part of the specific injectivity test, each well shall be shut-in for a period of time necessary to conduct a valid observation of pressure fall-off. Pursuant to Rules 62-528.425(1)(a) and 62-528.450(2)(f)3., F.A.C., a wastewater stream analysis (24-hour composite sample) for primary and secondary drinking water standards (Chapter 62-550, F.A.C.) and minimum criteria, see attached list, shail be submitted Mr. Randail LaBauve PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class | IW-1, IW-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 21 of 23 SPECIFIC CONDITIONS: annually (sampled in February and submitted on or before April 30", both of that year). Biological and VOCs shall be collected by grab or in situ. 7. Surface Equipment a. The integrity of the monitoring zone sampling systems shail be maintained at all times. Sampling lines shall be clearly and unambiguously identified by monitoring zone at the point at which samples are drawn. All reasonable and prudent precautions shall be taken to ensure that samples are properly identified by monitoring zone and that samples obtained are representative of those zones. Sampling lines and equipment shall be kept free of contamination with independent discharges and no interconnections with any other lines. b. The surface equipment for the injection well system shall maintain compliance with Chapter 62-600, F.A.C. for water hammer control, screening, access for logging and testing, and reliability and flexibility in the event of damage to the well and effluent piping. A regular program of exercising the valves integral to the wellhead shall be instituted. At a minimum, all valves integral to the wellhead shall be exercised during the regularly scheduled quarterly injectivity testing. c. The injection well and monitoring well surface equipment and piping shall be kept free of corrosion at all times. d. — Spillage onto the injection well pad during construction activities, and — after construction completion — any waters spilled during mechanical integrity testing, other maintenance, testing or repairs to the system shall be contained. The spilled waters shall be directed to a sump which in turn discharges to the pumping station wet well or via other approved means to the injection well system. e. An injection well pad shall be maintained and retained in service for the life of the injection well. The injection and monitoring well pad(s) are not, unless specific approval is obtained from the Department, to be used for storage of any material or equipment at any time. 8. Financial Responsibility a. The permittee shall maintain the resources necessary to close, plug and abandon the injection and associated monitoring wells, at all times [Rule 62-528.435(9), F.A.C,]. b. The permittee shall update annually the cost estimate for plugging and abandonment, and submit each updated cost estimate annually to the Department. if during the duration of this permit the cost estimate exceeds that upon which financial responsibility is based ($500,000) by 10 percent or more, the permittee will need to obtain a new Certification of Financial Responsibility forms and Comprehensive Annual Financial and submit these documents to the Department for approval. A copy of the annual update shall be submitted to the Department's Mr. Randall LaBauve PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class | 1W-1, IW-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 22 of 23 SPECIFIC CONDITIONS: West Palm Beach and Tallahassee UIC programs each year within 60 days after the anniversary date of issuance of this permit. c. Inthe event the mechanism used to demonstrate financial responsibility should become invalid for any reason, the Permittee shall notify the Department of Environmental Protection in writing within 14 days of such invalidation. The permittee shail then within 30 days of said notification submit to the Department for approval new financial documentation in order to comply with Rule 62-528.435(9), F.A.C., and the conditions of this permit. . 9. Emergency Disposal a. All applicable federal, state, and local permits ‘shall be in piace to allow for any alternate discharges due to emergency or planned outage conditions. b. Any proposed changes in emergency disposal methods shall be submitted for UIC-TAC review and Department approval prior to implementation. c. Inthe event of an emergency or discharge, or other abnormal event where the Permittee is temporarily unable to comply with any of the conditions of this permit due to breakdown of equipment, power outages, destruction by hazard or fire, wind, or by other cause, the Department shall be notified in person or by telephone within 24 hours of the incident. A written report describing the incident shall also be submitted to the Department within five days of the start of the incident. The written report shall contain a complete description of the emergency and/or discharge, a discussion of its cause(s), and ifit has been corrected, the anticipated time the discharge is to continue, the steps being taken to reduce, eliminate, and prevent recurrence of the event, and all other information deemed necessary by the Department. d. The emergency disposal method consists of the following: 1) The emergency disposal method presented in the permit application received April 25, 2007 and approved by the Department as a part of this permit, shall be maintained in fully operational order at ail times. 2) The emergency disposal method includes diversion of the non hazardous wastewater fo the injection well remaining in service. 3) Any emergency bypass of the injection well system shail be governed by Rule 62-620.610, F.A.C. 4) Any proposed changes in emergency disposal methods shall be submitted for UIC-TAC review and Department approval prior to implementation. Mr. Randall LaBauve PERMIT/CERTIFICATION NUMBER: 0247895-007-UC FPL West County Energy Center DATE OF ISSUANCE: May 1, 2008 Class 1 IW-1, IW-2 and DZMW-1 EXPIRATION DATE: April 30, 2011 Page 23 of 23 SPECIFIC CONDITIONS: 10. Signatories a. All reports and other submittals required to comply with this permit shall be signed by a person authorized under Rules 62-528.340(1) or (2), F.A.C. b. In accordance with Rule 62-528.340(4), F.A.C., all reports shall contain the following certification: "| certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. | am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 11. Permit Extension(s), Renewal(s) and Operation Permit Application(s) a. Pursuant to Rule 62-4.080(3), a permittee may request that a permit be extended as a modification of an existing permit. A request for an extension is the responsibility of the permittee and shall be submitted to the Department before the expiration of the permit. In accordance with Rule 62-4.070(4), F.A:C., a permit cannot be extended beyond the * maximum 5-year statutory limit. Should operational testing need to continue beyond the 5-year limit for this permit, the permittee must renew the construction permit in accordance with S.C. 11.b. below. b. . If necessary, to complete the two-year operational testing period, the permittee shall apply for renewal of the construction permit at least 60 days prior to the expiration date of this permit. However, under no circumstances shall the duration of the operational testing period exceed two years as specified in Rule 62-528.450(3)(e), F.A.C. Issued this f day of , 2008 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST DISTRICT UIC SECTION SURFICIAL AQUIFER MONITORING WELL (SAMW) REPORT SAMW #4 FACILITY NAME REPORT MONTH/YR. OPERATOR NAME LICENSE # INJECTION WELL # PERMIT # SAMPLING DATE TIME | _SAMW #4 SAMW #2 SAMW #3 LOCATION NE CORNER | NW CORNER | SE CORNER SW CORNER ELEV. OF TOC* (NAVD 88) DEPTH TO WATER (TOC* WATER LEVEL (NAVD 88 CHLORIDE (mg/L CONDUCTIVITY (umhos/cm) TEMPERATURE (° C * TOC: indicates the “top of the casing” of the Surficial Aquifer System Monitoring Well ANALYZED BY. PHONE # SAMPLED BY TITLE SITE PLAN OF SAMW LOCATIONS PRIMARY & SECONDARY DRINKING WATER STANDARDS & MINIMUM CRITERIA Updated May 6, 2002 Page 1 of 3 PRIMARY DRINKING WATER STANDARDS PARAMETER Alachlor (Polychlorinated Biphenyl or PCB) Aldicarb Aldicarb sulfoxide Aldicarb sulfone Aroclors (Polychlorinated Biphenyls or PCBs) Alpha, Gross Antimony Arsenic Atrazine Barium Benzene Benzo(a)pyrene Beryllium Bis(2-ethylhexyl) adipate (Di(2-ethylhexyl) adipate) Bis(2-ethylhexyl) phthalate (Di(2-ethylhexy!) phthalate) Cadmium Carbofuran Carbon Tetrachloride (Tetrachloromethane) Chlordane Chlorine Dioxide Chiorite Chlorobenzene (Monochtorobenzene) Chtorcethylene (Vinyl Chloride) Chromium Coliforms, Total Cyanide 2,4-D (2,4-Dichlorophenoxyacetic acid) Dalapon (2,2-Dichloropropionic acid) Dibromochioropropane (DBCP) 1,2-Dibromoethane (EDB, Ethylene Dibromide) 1,2-Dichlorobenzene (o-Dichlorobenzene} 1,4-Dichiorobenzene (p-Dichlorobenzene or Para Dichlorobenzene) 1,2-Dichioroethane (Ethylene dichloride) 1,1-Dichloroethylene (Vinylidene chloride) 1,2-Dichlorethylene (cis-1,2-Dichloroethylene or trans-1,2-Dichloroethylene) cis-1,2-Dichloroethylene (1,2-Dichlorethylene) trans-1,2-Dichloroethylene (1,2-Dichlorethylene) Dichloromethane (Methylene chloride) 1,2-Dichloropropane Di(2-ethylhexyl) adipate (Bis(2-ethylhexyl) adipate) Di(2-ethylhexyl) phthalate (Bis(2-ethylhexyl) phthalate) Dinoseb Diquat EDB (Ethylene dibromide, 1,2-Dibromoethane) Endothall Endrin Ethylbenzene Ethylene dichloride (1,2-Dichloroethane) Fluoride Glyphosate (Roundup) Gross Alpha Haloacetic Acids (HAA5) Heptachior ‘ Heptachlor Epoxide Hexachlorobenzene (HCB) gamma-Hexachiorocyclohexane (Lindane) Hexachiorocyclopentadiene | Lead ; i PRIMARY & SECONDARY DRINKING WATER STANDARDS & MINIMUM CRITERIA PARAMETER Updated May 6, 2002 Page 2 of 3 PRIMARY DRINKING WATER STANDARDS, CONT’D Lindane (gamma-Hexachlorocyclohexane) Mercury Methoxychior Methylene chloride (Dichloromethane) Monochlorobenzene (Chlorobenzene) Nickel Nitrate (as N) Nitrite (as N) Total Nitrate + Nitrite (as N) Oxamy! p-Dichlorobenzene or Para _Dichlorobenzene (1,4-Dichlorobenzene) Pentachlorophenol Perchtoroethylene (Tetrachtoroethylene) Picloram Polychiorinated biphenyl (PCB or Aroclors) Radium Roundup (Glyphosate) Selenium Silver Silvex (2,4,5-TP) Simazine Sodium Strontium-90 Styrene (Vinyl benzene) Tetrachloroethylene (Perchloroethylene) Tetrachloromethane (Carbon Tetrachloride) Thallium Toluene Toxaphene 2,4,5-TP (Silvex) 1,2,4-Trichlorobenzene 1,1,1-Trichloroethane 1,1,2-Trichloroethane Trichloroethylene (Trichloroethene, TCE) Trihalomethanes, Total Vinyl Chloride (Chloroethylene) Xylenes (total) PARAMETER Aluminum Chloride Color Copper Ethylbenzene Fluoride Foaming Agents (MBAS) fron Manganese Odor pH Silver Sulfate Toluene Total Dissolved Solids (TDS) Xylenes Zine SECONDARY DRINKING WATER STANDARDS PRIMARY & SECONDARY DRINKING WATER STANDARDS & MINIMUM CRITERIA Updated May 6, 2002 Page 3 of 3 MUNICIPAL WASTEWATER MINIMUM CRITERIA GROUND WATER MONITORING PARAMETERS INORGANICS Ammonia Nitrogen (organic) Total Kjeldaht Nitrogen Total Phosphorus (phosphate) VOLATILE ORGANICS Chloroethane Chloroform para-Dichlorobenzene (1,4 Dichlorobenzene) 1,2-Dichloroethylene (cis-1,2-Dichloroethylene or trans-1 ,2-Dichloroethylene) BASE/NEUTRAL ORGANICS Anthracene Butylbenzyiphthalate Dimethylphthalate Naphthalene Phenanthrene PESTICIDES AND PCBs Aldrin Dieldrin ACID EXTRACTABLES 2-chlorophenol Phenol 2,4,6-trichlorophenol OTHER Specific Conductance Biological Oxygen Demand Chemical Oxygen Demand Temperature

Docket for Case No: 07-005574EPP

Issue Date	Proceedings
Nov. 19, 2008	Final Order filed.
Nov. 19, 2008	(Proposed) Order Denying "Request to Reinstate Administrative Hearing for WCEC Unit 3 and Motion to Intervene" filed.
Oct. 17, 2008	Florida Power & Light Company`s Response in Opposition to Request to Reinstate Administrative Hearing for WCEC Unit 3 and Motion to Intervene filed.
Oct. 17, 2008	Letter to Judge Canter and all parties from Panagioti Tsolkas requesting to re-open case filed.
Oct. 15, 2008	Email to Claudia Llado from Dr. W. Louda regarding issues of allowing Unit #3 to go forward filed.
Oct. 15, 2008	Request to Reinstate Administrative Hearing and Motion to Intervene Regarding FPL WCEC Unit 3 Application #PA 05-47SA1 filed.
Oct. 15, 2008	Request to Re-instate Administrative Hearing for WCEC Unit 3 and Motion to Intervene Regarding FPL WCEC Unit 3 Application #PA 05-47SAI, DOAH Case No. 07-5574EPP filed.
Oct. 13, 2008	Transmittal letter from Claudia Llado forwarding West County Unit 3 Site Certification Application Volumes I through III to the agency.
Oct. 09, 2008	Order Canceling Hearing, Closing File, and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 08, 2008	Joint Stipulation and Motion of the Parties to Cancel Certification Hearing and to Relinquish Jurisdiction to the Department of Environmental Protection for Entry of Final Certification Order filed.
Oct. 01, 2008	Stipulation Between the Treasure Coast Regional Planning Council and Florida Power & Light Company filed.
Sep. 15, 2008	Notice of Appearance or Co-Sounsel for Department of Environmental Protection (filed by Ronald Hoenstine).
Sep. 15, 2008	Electric Power Plant Site Certification Project Analysis Report filed.
Sep. 15, 2008	Notice of Filing Staff Analysis Report filed.
Sep. 10, 2008	Order Altering Time Limits.
Sep. 09, 2008	Stipulation and Joint Motion to Alter Schedule filed.
Sep. 09, 2008	Notice of Filing Certified Proof of Publication for Notice of Certification Hearing on an Application to Construct and Operate an Electrical Power Plant on a Site in Palm Beach County, Florida: Florida Power & Light Company West County Energy..etc filed.
Aug. 29, 2008	Florida Power & Light Company`s Notice of Service of First Set of Interrogatories to Treasure Coast Regional Planning Council filed.
Aug. 18, 2008	Corrected Order (certification hearing set for October 27 through October31, and November 3 through 7, 2008).
Aug. 14, 2008	Order (Stipulation and Joint Motion to Alter Schedule is granted).
Aug. 04, 2008	Stipulation and Joint Motion to Alter Schedule filed.
Jun. 05, 2008	Department of Transportation`s Notice of Substitution of Counsel filed.
Apr. 23, 2008	Treasure Coast Regional Planning Council`s Notice of Intent to Be a Party filed.
Apr. 09, 2008	Order Altering Time Limits.
Apr. 04, 2008	Stipulation and Joint Motion to Alter Schedule filed.
Mar. 07, 2008	Department of Environmental Protection`s Determination of Completeness filed.
Feb. 29, 2008	Order Altering Time Limits.
Feb. 28, 2008	Joint Motion to Alter Schedule to Remove Dates for Land Use Hearing and Related Matters filed.
Feb. 25, 2008	Notice of Filing Certified Proof of Publication for Notice of Palm Beach County`s Land Use Consistency Determination for Electrical Power Plant Facility to be Located in Palm Beach County, Florida: FPL West County Energy Center Unit 3 filed.
Feb. 19, 2008	South Florida Water Management District`s Notice of Intent to Be a Party filed.
Feb. 18, 2008	Notice of Appearance filed.
Feb. 05, 2008	Notice of Transfer.
Jan. 30, 2008	Applicant`s Response to Department of Environmental Protection`s Determination of Incompleteness filed.
Jan. 29, 2008	Order Modifying Schedule.
Jan. 28, 2008	Joint Stipulation and Motion to Alter Schedule to Set Land Use Hearing Date of April 3 and 4, 2008 filed.
Jan. 16, 2008	Order Modifying Schedule.
Jan. 15, 2008	Department of Transportation`s Notice of Intent to be a Party filed.
Jan. 15, 2008	Department of Environmental Protection`s Determination of Incompleteness filed.
Jan. 11, 2008	Palm Beach County`s Land Use and Zoning Determination for FPL`s West County Energy Center, Unit 3 filed.
Jan. 10, 2008	Stipulation of the Department of Environmental Protection and Florida Power & Light Company and Department of Environmental Protection`s Motion for Alteration of Time Limits filed.
Jan. 09, 2008	Notice of Filing Certified Proof of Publication for Notice of Filing Application for Electrical Power Plantsite Certification in Palm Beach County, Florida: Florida Power & Light Company West County Energy Center Unit 3 filed.
Jan. 02, 2008	Department of Community Affairs` Notice of Intent to be a Party filed.
Dec. 20, 2007	Order of Pre-hearing Instructions.
Dec. 20, 2007	Notice of Hearing (hearing set for April 3 and 4, 2008; 9:00 a.m.; Wellington, FL).
Dec. 17, 2007	Undeliverable envelope returned from the Post Office.
Dec. 14, 2007	Order Approving Schedule.
Dec. 13, 2007	Department of Environmental Protection`s Proposed Site Certification Application Schedule filed.
Dec. 13, 2007	Response to Initial Order filed.
Dec. 10, 2007	Initial Order.
Dec. 07, 2007	West County Unit 3 Site Certification Application Volimes I through III filed.
Dec. 07, 2007	Notice of Filing Application for Power Plant Certification filed.
Dec. 07, 2007	Department of Environmental Protection`s Statement of Additional Agencies Entitled to Copies of the Application and Amendments filed.
Dec. 07, 2007	Department of Environmental Protection`s Request for Assignment of Administrative Law Judge filed.