PAUL R. GOVERNOR srarn or MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION NEE LEPAGE - PEATRICIA w. AHO fifties at' the Eammisaianer Ear IN THE MATTER OF: FPL ENERGY LLC ADMINISTRATIVE CONSENT FPL ENERGY WYNIAN IV LLC AGREEMENT YARMOUTH, MAINE . (38 M.R.S.A. 34-7--A) AIR QUALITY VIOLATIONS EIS NUMBER 2012-054-A This Agreement, by and among FPL Energy Wyman LLC and FPL Energy Wyrnan IV, known collectively as Wyrnan", the Maine Department of Environmental Protection ("Department"), and the Maine Office of the Attorney General, is entered into pursuant STATE I-IOUSIIE IVIAINE 0433341017 (2:17) mx: (2:17) 287-7826 BLDG, IIOSPITAL ST. A LISTA web sitci ww laws concerning the Department's Organization and Powers, 38 M.R.S.A. THE PARTIES AGREE AS FOLLOWS I FPL Energy Wyrnan LLC and FPL Energy Wyrnan IV LLC are Delaware limited liabilities companies which operate a power generating facility with its principal location at 667 Cousins'Street in Yarmouth, Maine. 1. During times relevant to this Agreement, FPL Wyman was subj ect to Air Emission Licenses (effective October 2, 2002, expired October 2, 2007) and 70--E--R (effective April 26, 2012, "expires April 26, 2017) as amended. At the times cited paragraph four (4) of this agreement, FPL Wyman was subject to Air Emission License condition (1 which states in relevant part: (15)Lhnt#3 F. Visible emissions from unit #3 shall not exceed 20% opacity on a six (6) minute block average basis for 90% of the quarterly six minute averages. The remaining six minute averages shall not exceed 30% opacity The opacity limit shall not apply during a total of 4 hours during the period of cold startup or shutdown provided records are available to -demonstrate that the unit(s) was being operated to minimize- emissions. DE-P, Chapter 140, Excess emission and quarterly reports submitted by FPL Wyman to the Department. for the second quarter of 2006 through the second quarter of 2012 describe the following incidents of excess opacity (20% on a six minute block average basis) from Unit #3 in violation of the requirements stated in paragraph three (3) above: BAN OR 106 HOGAN ROAD, SUITIE 6 BANGOR, MAINE 04401 (2117) 941--45?0 FAX: 941-4534 312 CANCO ROAD MAIN 04103 (207) 822-6300 (207) 822-6303 PRESQUE ISLE 1235 CENTRAL DRIV 15, sxvwav max PRESQUE ISLE, MAINE '0-4579-2094 (207) 754-0477 FAX: (207) IN TI-E MATTER OF: FPL ENERGY WYMAN LLC ADMINISTRATIVE CONSENT FPL ENERGY WYMAN IV LLC AGREEMENT YARMOUTH, MAINE (38 M.R.S.A. 347-A) AIR QUALITYVIOLATIONS EIS NUMBER 2012-054--A Year I 6 Minute Block Averages 2006 (7/1-12/31) 1 2008 5. I At the times cited in paragraph six (6) of this agreement, FPL Wyman Was subject to Air Emission License A--388-70-A-I, condition (1 which states in relevant part: (16) Unit #4 E. Visible emissions from unit #4 shall not exceed 20% opacity on a six (6) minute block average basis, except for one (1) six minute period per hour of not more than 27% opacity. [40 CFR Part 60, Subpart D, 60.42 opacity limit shall not apply during a total of 4 hours during the period of cold startup or shutdown provided records are available to demonstrate that the unit(s) was being operated to minimize emissions. [40 CFR Part 60.1 I 6. Excess emission and quarterly reports submitted by -FPL Wyman to the Department for the second quarter of 2006 through the second quarter of 2012 describe the following incidents of excess opacity (20% on a six minute block average basis) from Unit #4 in violation of the requirements stated i11 paragraph five (5) above: Year 6 Minute Block Averages 2007 I 2 2010 - 7. During a portion of the time cited in paragraph nine (9) of this agreement, FPL Wyman was subject to Air Emission License A-388-70-A-1, condition which states in relevant part: (19) Unit #5 B. Emissions fi'om the unit #5 shall not exceed the following limits: NOXI Page 2 of 4 MATTER OF: FPL ENERGY WYMAN LLC ADMEVJISTRATIVE CONSENT FPL ENERGY WYMAN Iv LLC A AGREEMENT YARMOUTH, MAINE A (as M.R.S.A. 347-A) AIR QUALITY VIOLATIONS EIS NUMBER 2012-054--A 8. During a portion of the time cited in paragraph nine (9) of this agreement, FPL Wyrnan was subject to Air Emission License A-3 88-70-E-R, condition which states in relevant part: 3 . . (21)-Unit #5 -- 72 MMBtu'/hr C. Emissions from Unit #5 shall not exceed the following limits: NOX 0.35 lb/MMBtu 9. FPL Wyman performed emissions testing for on Unit #5 on February 3, 20l2 with test results of 0.424 lb/MMBtu which documented that FPL Wyman exceeded its NOX emission limit in violation of Air Emission License A--388--70-A-I, condition FPL Wyman did not retest Unit #5 until July 7, 2012 with results of 0.30 lb/MMBtu and demonstrated compliance with Air Emission License The period between the effective date of Air Emission License and the date of the retest is a violation of Air Emission License condition 2l(C). FPL Wyman performed testing and demonstrated that during this time Unit #5 exceeded the 0.35 lb/Mhz[Btu NOX emission limit a total of 17 days. 10. On July 20, 2012, the Department issued a Notice of Violation to FPL Wyman for the activities described in Paragraphs three (3), four (4), five (5), six (6), seven (7), eight (8), and nine (9) of this Agreement, in accordance with 38 M.R.S.A. 11. This Agreement shall become effective only if it is approved by the Commissioner and . the Office of the Attorney General. 12. To resolve the violations referred to in Paragraphs three (3), four (4), five (5), six (6), seven (7), eight and nine (9) of this Agreement, FPL Wyman agrees to pay to the Treasurer, State of Maine, immediately upon signing this Agreement, a civil monetary penalty in the amount of twenty five thousand, eight hundred and twenty five dollars . 13. The Departmentand Office of the Attorney General gant a release of their causes of action against FPL Wyman for the specific violations listed in Paragraphs three (3), four (4), five (5), six (6), seven (7), eight (8), and nine (9) of this Agreement on the express condition that all actions listed in Paragraph twelve (12) of this Agreement are completed in accordance with the express terms and conditions of this Agreement. The release shall notbecome effective until all requirements of this Agreement are satisfied. Page 3 of 4 IN 1% MATTER OF: FPL ENERGY WYMAN LLC I ADMINISTRATIVE FPL ENERGY WYMAN IV LLC AGREEMENT YARMOUTH, MAINE I (33 347-A) AIR QUALITY VIOLATIONS I A EIS 2012-o54--A I 14. Non--compliance with this Agreement Voids the release set forth in Paragraph thirteen (13) of this Agreement and may lead to an enforcement action' pursuant to 38 M-.R.S.A. or 348, as well as pursuit of other remedies. 15. Actions taken pursuant to this Agreement shall be completed in accordance with the requirements of all applicable local, state, and federal laws, rules, and orders including but not limited to licensing requirements. - 16. The provisions of this Agreement shall apply to, and be binding on, the parties and their officers, agents, servants, employees, successors, and assigns, and upon those persons in active concert or participation with them who receive actual notice of this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement consisting of four (4) pages: . FPL ENERGY WYMAN LLC FPL ENERGY WYAMN IV LLC *7W..aa - TIMOTHY PANGFF /0 FPL ENERGY WYMAN LLC TITLE Re FPL ENERGY WYMAN IV LLC MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION lm DATE: PATRICA W. MAINE OFFICE OF THE ATTORNEY GENERAL DATE: /4 47 ATTORNEY RAL Page 4 of 4