AIR QUALITY DIVISION (2025)

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AIR QUALITY DIVISION

Environmental Programs Department

Southern Ute Indian Tribe

PO Box 737 MS#84

Ignacio, CO 81137

Phone 970-563-4705

http://www.southernute-nsn.gov/environmental-programs/air-quality

December 23, 2025

Mr. Kyle Hunderman

Senior Environmental Compliance Specialist – Air Quality

Red Cedar Gathering Company

125 Mercado St., Suite 201

Durango, CO 81301

RE: Part 70 Operating Permit – Permit Renewal

Title V Permit # V-SUIT-0045-2025.00

Red Cedar Gathering Company

Spring Creek Compressor Station

Mr. Hunderman,

The Southern Ute Indian Tribe Air Quality Division (AQD) has completed its review of Red Cedar

Gathering Company’s (Red Cedar) request to renew a Title V Permit to Operate, pursuant to the Title V

Operating Permit Program at 40 CFR Part 70, for the Spring Creek Compressor Station.

Based on the information submitted in Red Cedar’s application, the AQD hereby issues the enclosed

Title V Permit to Operate. The final permit will become effective on December 23, 2025.

A 30-day public comment period was held from August 8, 2025, to September 7, 2025. The AQD

received comments from Red Cedar during this time. No comments were received from the public,

affected states, or tribes. Following the 30-day public comment period, the AQD made the following

changes:

1. Section I.2. – The Install dates for emission units C-204 and C-205 were changed from

02/17/2009 to 07/30/2022 and 08/11/2009 to 05/24/2022.

2. Section III.2.1. – Replaced the term “12-month period” with “calendar year”. Additionally, the

AQD updated the bracketed notation to state that Red Cedar has elected to model emissions

according to alternative test method ALT-147.

3. Section III.2.2. – Added a closing period to paragraph III.2.2.4.2. Additionally, the AQD

removed paragraphs III.2.2.6.3.2.1. and III.2.2.6.3.2.2.

For a more detailed discussion of these comments and the resultant changes, please review the Response

to Comments document attached to this permit.

A 45-day Administrative Review period at EPA Region 8 was held from November 6, 2025, to

December 22, 2025. No comments were received from EPA Region 8 during this review period.

Pursuant to RAC §2-109(8), within 60 days after the final permit has been issued, the applicant, any person

who participated in the public comment process and is aggrieved by the action, and any other person who

could obtain judicial review of that action under applicable law, may appeal to the Environmental

Commission in accordance with the Southern Ute Indian Tribe/State of Colorado Environmental

Commission’s Reservation Air Code (RAC) and the Commission’s Procedural Rules. Additionally, the

regulations at RAC §2-109(7) specify that any person may petition the EPA Administrator within 60 days

after the expiration of the Administrator’s 45-day review period to make an objection that the permit

would not be in compliance with applicable requirements. Any such petition must be based only on

objections to the permit that were raised with reasonable specificity during the public comment period

unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or

unless the grounds for such objections arose after such period.

If you have any questions concerning the enclosed permit, please feel free to contact me.

Sincerely,

Mark Lamoreaux

Air Quality Scientist II - Permitting

Southern Ute Indian Tribe

(970) 563-2273

mlamoreaux@southernute-nsn.gov

Cc: US EPA Region 8 - r8airpermitting@epa.gov

AIR QUALITY DIVISION

ENVIRONMENTAL PROGRAMS DEPARTMENT

SOUTHERN UTE INDIAN TRIBE

PO BOX 737, MS 84, IGNACIO, CO 81137

(970) 563 – 4705 ∙ (970) 563 – 0384 FAX

December 23, 2025

Response to Comments Document

Operator: Red Cedar Gathering Company

Facility: Spring Creek Compressor Station

Permit Action: Title V Operating Permit Renewal

Comments From Red Cedar Gathering Company Received on Draft Title V Operating

Permit V-SUIT-0045-2025.00

I. Permit Provision I.2.: Source Emission Points

Comment #1:

 Provision I.2. Table 1 – Emission Units

- AQD does not define "Install Date" but appears to be using the term to mean the date that

the engine with the listed serial number was installed on site and not the engine's

"commenced construction" date. If not, then the dates listed in table likely need correction. If

so, then: the “install date” for Spring Creek C-204 should be changed from 02/17/2009 to

07/30/2022 and Spring Creek C-205 should be changed from 08/11/2009 to 05/24/2022

AQD’s Response #1:

 The requested changes have been made. The AQD defines the term “Install Date” and

“Installation Date” as the date the engine with the associated serial number is placed at a

source. The install date assists the AQD with tracking initial compliance provisions, such

as initial performance testing. The AQD will update the ‘install date’ to reflect the likekind engine exchange that took place on May 24, 2022, and July 30, 2022.

II. Permit Provision III.2.1.: 40 CFR Part 63, Subpart HH – National Emission Standards

for Hazardous Air Pollutants From Oil and Natural Gas Production Facilities [40 CFR

63.760 - 63.779, RAC 4-103]

Comment #2:

 Provision III.2.1.1.

- We suggest revising the phrase "within a 12-month period" to "during the calendar year"

because the former is undefined, the start and end dates of "a 12-month period" may

describe any time in history so long the dates bound a period spanning 12-months, and the

paragraph's requirements are otherwise based upon an "at least once per calendar year"

frequency. Therefore, it follows that the allowable gas samples to be used for emissions

modeling should be limited to those obtained during the same calendar year for which

emissions are calculated.

In addition, on September 23, 2024, Red Cedar submitted a notification of intent to use

alternative test method ALT-147. Therefore, Red Cedar requests the italicized paragraph be

corrected to clarify that ProMax has indeed elected to model emissions according to the

alternative method.

Suggested language: The permittee must obtain an extended wet gas analysis of the inlet gas

stream at least once per calendar year. The gas sample shall be taken at a point prior to where

the gas enters the dehydration system contact tower. The analysis shall include the gas

temperature and pressure at which the sample was taken. The gas analysis results and

corresponding temperature and pressure documented during collection of the gas sample

must be used to determine the actual average benzene emissions annually, in accordance with

§63.772(b)(2)(i) or (ii). If electing to make this demonstration according §63.772(b)(2)(i),

using the GRI-GLYCalcTM model, the permittee shall perform each model run using a

single gas analysis and the corresponding temperature and pressure documented during

collection of the gas sample. The permittee may elect to average the results of multiple

GRIGLYCalcTM model runs to determine in determining actual annual average benzene

emissions annually, if multiple gas samples were are collected during the calendar year

within a 12-month period.

[The permittee has elected to model emissions according to alternative test method ALT-147.

If applying the use of ProMax® (ProMax), Red Cedar should continue to The permittee shall

adhere to the requirements of Subpart HH language as written in their current permits with

the exception that using ProMax Version 5.0 or higher may be used in place of GRIGLYCalc for the specific provisions identified in the EPA approval memo until receiving

AQD approval to use a different method. The use of ProMax is an alternative EPA approved

method (ALT-147). Should Red Cedar elect to use ProMax as an alternative method, Red

Cedar may not use another method until receiving AQD approval.]

AQD’s Response #2:

 The AQD recognizes the inconsistency in both “calendar year” and “12-month period”

within the same provision. The AQD has revised the provision by replacing “12-month

period” with “calendar year”. The requested change has been made.

Red Cedar submitted a notice of intent to use ProMax in September 2024. Red Cedar

used ProMax in their October 2024 Spring Creek Title V renewal application to

determine the actual average benzene emissions and applicability to 40 CFR Part 63,

Subpart HH, triggering the requirement 1 to continue to use ProMax until Red Cedar

Letter from Steffan Johnson, Group Leader, Measurement Technology Group, U.S. EPA Office of Air Quality Planning and

Standards, to Josh Ravichandran, Bryan Research & Engineering, LLC, Re: Response to request for broad source category-wide

approval for use of Bryan Research & Engineering’s process simulation software, ProMax® (ProMax) in lieu of the GRIGLYCalc™ software (GLYCalc) for modeling glycol dehydration unit emissions in demonstrating compliance with 40 CFR part

63, subpart HH, National Emission Standards for Hazardous Air Pollutants from Oil and Gas Production Facilities (Subpart HH).

March 31, 2022. Available at https://www.epa.gov/system/files/documents/2022-03/ravichandran-bre-promaxaltfinal_147_signed.pdf and in the docket for this rulemaking, Docket Id. No. EPA-HQ-OAR2023-0234

receives an additional approval to use another method. The AQD has revised the

bracketed notation as follows:

[The permittee has elected to model emissions according to alternative test method ALT147. The permittee shall adhere to the requirements of Subpart HH language as written

in their current permits with the exception that ProMax Version 5.0 or higher will be

used in place of GRI-GLYCalc for the specific provisions identified in the EPA approval

memo until receiving AQD approval to use a different method.]

III. Permit Provision III.2.2.: 40 CFR Part 63, Subpart ZZZZ – National Emission

Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion

Engines [40 CFR 63.6580 - 63.6675, RAC 4-103]

Comment #3:

 Provision III.2.2.4.2.

- This paragraph is missing a closing period.

AQD’s Response #3:

 The requested change has been made.

Comment #4:

 Provision III.2.2.6.3.2.1. & III.2.2.6.3.2.2.

- This paragraph is unnecessary. Beyond describing EPA's preferred CBI submittal methods,

of which Red Cedar is aware, this paragraph does not serve a purpose in an operating

permit. Indeed, since the permittee must annually certify compliance with "all permit terms

and conditions" [I.1.2.2.1] of the permit, informational paragraphs like these could feasibly

lead to unnecessary permit deviations should the CBI process not occur in the exact manner

described.

AQD’s Response #4:

 The requested changes have been made.

Southern Ute Indian Tribe

Air Quality Division

Title V Operating Permit

Southern Ute Indian Tribe

Environmental Programs Department

Air Quality Division

71 Mike Frost Way

Ignacio, Colorado 81137

AIR POLLUTION CONTROL

TITLE V PERMIT TO OPERATE

In accordance with the provisions of Title V of the Clean Air Act (42 U.S.C. 7661-7661f) and Part

1, Article II of the Southern Ute Indian Tribe/State of Colorado Environmental Commission’s

Reservation Air Code (RAC) and applicable rules and regulations,

Red Cedar Gathering Company

Spring Creek Compressor Station

is authorized to operate air emission units and to conduct other air pollutant emitting activities in

accordance with the conditions listed in this permit.

This source is authorized to operate at the following location:

Southern Ute Indian Reservation

Section 31, T33N, R6W

La Plata County, Colorado

Terms not otherwise defined in this permit have the meaning assigned to them in the referenced

regulations. All terms and conditions of the permit are enforceable by the Tribe and citizens under

the Clean Air Act.

Daniel Powers, Air Quality Division Head

Environmental Programs Department

Southern Ute Indian Tribe

AIR POLLUTION CONTROL

TITLE V PERMIT TO OPERATE

Red Cedar Gathering Company

Spring Creek Compressor Station

SUIT Account Identification Code: 2-026

Permit Number: V-SUIT-0045-2025.00

[Replaces Permit No.: V-SUIT-0045-2019.00]

Issue Date:

Revised Date:

Expiration Date:

December 23, 2025

N/A

December 23, 2030

The SUIT account identification code and permit number cited above should be referenced in future

correspondence regarding this facility.

Permit Issuance History

DATE

TYPE OF

ACTION

DESCRIPTION OF ACTION

PERMIT NUMBER

April 2007

Permit Issued

Initial Part 71 Permit Issued

# V-SU-0045-06.00

August 2007

Permit

Revision

May 2009

Permit

Revision

October 2009

Permit

Revision

Administrative Amendment

• Section I.A.: Source Information: Updated phone

numbers for responsible official and facility contact

• Section III.D.: Alternative Operating Scenarios:

Revised text for clarification

• Section IV.Q.: Off Permit Changes: Revised text

for clarification

• Section V.: Appendices: Revised permit revision

history

Significant Modification

• Permit Cover: Moved permit numbers and dates to

new permit issuance cover page

• Section I.A: Source Information: Removed facility

contact information and parent company.

• Section I.B.: Source Emission Points/Table 1:

Updated emission unit IDs and serial numbers.

Moved glycol dehydrators to Table 2.

• Section II.: Specific Requirements for C-201, C202, and C-203: Replaced synthetic minor CO limit

and associated requirements

• Section III.D.: Alternative Operating Scenarios:

Revised text for clarification

• Section IV.: Part 71 Administrative Requirements:

Changed bank name and address. Revised

recordkeeping requirements. Clarified text in the

Off Permits provisions

• Section V.: Appendix: moved permit revision

history to permit issuance cover page

Administrative Amendment

• Section II.J.: Initial Compliance Requirements:

Corrected regulatory citations for origin of

authority

• Section II.K.: Continuous Compliance

Requirements: Corrected regulatory citation for

origin of authority. Removed condition 4.

• II.L.: Notifications: Corrected regulatory citations

# V-SU-0045-06.01

# V-SU-0045-06.02

# V-SU-0045-06.03

for origin of authority.

May 2012

Permit

Renewal

August 2014

1st Part 71 Renewal Permit Issued

# V-SU-00045-2011.00

Permit Issued

Initial Part 70 Permit Issued

• Replaces EPA-issued permit V-SU-00045-2011.00

# V-SUIT-0045-2014.00

April 6, 2020

Permit Issued

1st Part 70 Renewal Permit Issued

# V-SUIT-0045-2019.00

December 23, 2025

Permit Issued

2nd Part 70 Renewal Permit Issued

# V-SUIT-0045-2025.00

Table of Contents

Abbreviations and Acronyms ................................................................................................................................. 3

Section I – Source Information and Emission Unit Identification ............................................................................ 6

Source Information ..........................................................................................................................................6

Source Emission Points ....................................................................................................................................7

Section II – General Requirements ......................................................................................................................... 8

Title V Administrative Requirements ...............................................................................................................8

1.1.

Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118] ........................................................................8

1.2.

Compliance Requirements ..................................................................................................................10

1.3.

Duty to Provide and Supplement Information [RAC 2-110(7)(e), 2-106(5), and 2-124] ....................11

1.4.

Submissions [RAC 2-105] .....................................................................................................................12

1.5.

Severability Clause [RAC 1-106 and RAC 2-110(1)(f)] .........................................................................12

1.6.

Permit Actions [RAC 2-110(3)] ............................................................................................................13

1.7.

Administrative Permit Revision [RAC 2-111(2)] .................................................................................13

1.8.

Minor Permit Revisions [RAC 2-111(3)] ..............................................................................................13

1.9.

Significant Permit Revisions [RAC 2-111(4)] .......................................................................................14

1.10.

Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2-112] .........................15

1.11.

Property Rights [RAC 2-110(3)(e)] .......................................................................................................16

1.12.

Inspection and Entry [RAC 2-110(9)(b)] ..............................................................................................16

1.13.

[Reserved] ............................................................................................................................................16

1.14.

Permit Transfers [RAC 2-113] ..............................................................................................................16

1.15.

Off-Permit Changes [RAC 2-116(2)].....................................................................................................17

1.16.

Permit Expiration and Renewal ..........................................................................................................17

Facility-Wide Requirements...........................................................................................................................18

2.1.

General Recordkeeping Requirements [RAC 2-110(6)] ......................................................................18

2.2.

General Reporting Requirements .......................................................................................................19

2.3.

Alternative Operating Scenarios [RAC 2-110(8)] ................................................................................20

2.4.

Permit Shield [RAC 2-110(10)(c)].........................................................................................................22

2.5.

Stratospheric Ozone and Climate Protection [40 CFR Part 82] ..........................................................23

Section III – Site Specific Permit Terms ................................................................................................................ 23

Reserved – New Source Performance Standards (NSPS) and 40 CFR Part 60 ................................................23

National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR Part 63 ...........................23

2.1.

40 CFR Part 63, Subpart HH - National Emission Standards for Hazardous Air Pollutants from Oil

and Natural Gas Production Facilities [40 CFR 63.760 – 63.779 and RAC 4-103] .............................................23

2.2.

40 CFR Part 63, Subpart ZZZZ – National Emission Standards for Hazardous Air Pollutants for

Reciprocating Internal Combustion Engines [40 CFR 63.6580 – 63.6675 and RAC 4-103] ...............................24

Reserved – Tribal Minor New Source Review ................................................................................................45

Reserved – Prevention of Significant Deterioration Requirements ...............................................................45

Reserved – Consent Decree Requirements ....................................................................................................45

Reserved – Compliance Assurance Monitoring (CAM) Requirements ...........................................................45

Enhanced Monitoring, Recordkeeping, and Reporting..................................................................................45

Section IV – Appendix .......................................................................................................................................... 46

Inspection Information ..................................................................................................................................46

1.1.

Driving Directions: ...............................................................................................................................46

1.2.

Global Positioning System (GPS): .......................................................................................................46

1.3.

Safety Considerations: ........................................................................................................................46

Abbreviations and Acronyms

4SLB

4SRB

AFS

AQD

bbl

BACT

CAA

CAM

CEMS

CFR

CMS

COMS

CO2

dscf

dscm

EPA

gal

GPM

H 2S

HAP

lbs

MACT

MMBtu

MMSCFD

NESHAP

NMHC

NOx

NSPS

NSR

PM10

ppbvd

ppm

ppmvd

PSD

PTE

psi

psia

RAC

RICE

RMP

scf

scfm

SO2

SUIT

tpy

Tribe

Four-Stroke Lean-Burn

Four-Stroke Rich-Burn

Air Facility System database

Southern Ute Indian Tribe’s Air Quality Division

Barrels

Best Available Control Technology

Clean Air Act [42 U.S.C. Section 7401 et seq.]

Compliance Assurance Monitoring

Continuous Emission Monitoring System

Code of Federal Regulations

Continuous Monitoring System (includes COMS, CEMS and diluent monitoring)

Continuous Opacity Monitoring System

Carbon monoxide

Carbon dioxide

Dry standard cubic foot

Dry standard cubic meter

United States Environmental Protection Agency

Gallon

Gallons per minute

Hydrogen sulfide

Hazardous Air Pollutant

Hour

Identification Number

Kilogram

Pounds

Maximum Achievable Control Technology

Megagram

Million British Thermal Units

Million standard cubic feet per day

Month

National Emission Standards for Hazardous Air Pollutants

Non-methane hydrocarbons

Nitrogen Oxides

New Source Performance Standard

New Source Review

Negative logarithm of effective hydrogen ion concentration (acidity)

Particulate Matter

Particulate matter less than 10 microns in diameter

Parts per billion by volume, dry

Parts per million

Parts per million by volume, dry

Prevention of Significant Deterioration

Potential to Emit

Pounds per square inch

Pounds per square inch absolute

Southern Ute Indian Tribe/State of Colorado Environmental Commission’s Reservation

Air Code

Reciprocating Internal Combustion Engine

Risk Management Plan

Standard cubic feet

Standard cubic feet per minute

Spark Ignition

Sulfur Dioxide

Southern Ute Indian Tribe

Ton(s) Per Year

Southern Ute Indian Tribe

US EPA

VOC

United States Environmental Protection Agency

Volatile Organic Compounds

Table of Figures

Table 1 - Emission Units................................................................................................................. 7

Table 2 - Insignificant Emission Units ........................................................................................... 7

Section I – Source Information and Emission Unit Identification

Source Information

Owner Name:

Red Cedar Gathering Company

Facility Name:

Spring Creek Compressor Station

Facility Location:

Section 31, T33N, R6W

Latitude:

37.058254 °N

Longitude:

State:

-107.545952 °W

Colorado

County:

La Plata

Responsible Official:

President – Chief Operating Officer

SIC Code:

1311

ICIS Identification Number:

SU00000008067U0031

EPA Facility Registry ID:

110056281633

Other Clean Air Act Permits

N/A

Process Description:

The Spring Creek compressor station is a low to high pressure compressor station capable of

processing roughly 26 MMscf/day. The station receives two inlet gas streams. Both inlet streams

are from various well locations and producer pipelines on the east side of the reservation, with an

inlet pressure of approximately 30-80 psi. The gas first is compressed through five compressors,

driven by Caterpillar G3516LE engines to approximately 800-900 psi. It is then processed

through two TEG dehydrators set in parallel (i.e., the gas is split evenly between the two

dehydration units.) The gas comes in saturated and leaves the station at less than 7 lbs

H2O/MMscf. After dehydration, the gas goes through the outlet meter building, with a portion

being routed back to the station as fuel gas. The gas is then sent to the Val Verde State Line

meter station, where it leaves Red Cedar custody.

Source Emission Points

Emission

Unit ID

Table 1 - Emission Units

Control

Equipment

Description

Caterpillar G3516LE (4SLB SI) Natural Gas-Fired Compressor Engine

1,340 Nameplate Rated HP

C-201

Serial No.

4EK04173

Install Date:

06/28/2016

C-202

Serial No.

4EK04112

Install Date:

03/14/2016

C-203

Serial No.

4EK04058

Install Date:

08/12/2014

C-204

Serial No.

4EK02328

Install Date:

07/30/2022

C-205

Serial No.

4EK01874

Install Date:

05/24/2022

Emission

Unit ID

X-301

X-303

E-416

E-422

H-101, 102, 103

H-104, 105

H-106, 107

TK-501

TK-502

TK-503

TK-505

TK-506

TK-507

TK-508, 509

TK-510, 511

TK-512

Amou

Oxidation

Catalyst w/

AFRC

(Enforceable)

Table 2 - Insignificant Emission Units

Description

Size

Units

TEG Dehydrator

TEG Reboiler (X-301)

TEG Reboiler (X-303)

Catalytic Heater

Tank Heater

Produced Water Tank

Used Oil Tank

Glycol Still Vent Tank

TEG Storage Tank

Overhead Lube Oil Storage Tank

Glycol Still Vent Tank

Engine Coolant Storage Tank

Lube Oil Storage Tank

TEG Stock Tank

0.325

0.125

0.018

0.008

0.325

21,000

8,820

756

500

1,330

1,400

500

1,000

500

MMscf/day

MMBtu/hr

Gallons

Section II – General Requirements

Title V Administrative Requirements

1.1. Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118]

1.1.1. An annual operating permit emission fee shall be paid to the Tribe by the

permittee.

[RAC 2-118(2)]

1.1.2. The permittee shall pay the annual permit fee each year no later than April 1st for

the preceding calendar year.

[RAC 2-118(2)]

1.1.3. Fee payments shall be remitted in the form of a money order, bank draft, certified

check, corporate check, or electronic funds transfer payable to the Southern Ute

Indian Tribe and sent or delivered by the United States Postal Service c/o

Environmental Programs Department Part 70 Program, P.O. Box 737 MS #84,

Ignacio, Colorado 81137; or by common carrier (such as UPS or FedEx) c/o

Environmental Programs Department Part 70 Program, 398 Ouray Drive, Ignacio,

Colorado 81137.

[RAC 2-118(4)(a)]

1.1.4. The permittee shall send an updated fee calculation worksheet submitted annually

by the same deadline as required for fee payment to the address listed in the

Submissions section of this permit.

[RAC 2-118]

1.1.5. The permittee shall submit the initial fee calculation work sheet using the most

recent form provided by the Tribe.

[RAC 2-118(2)(c)]

1.1.6. Basis for calculating annual fee:

1.1.6.1.

Subtotal annual fees shall be calculated by multiplying the applicable

emission fee set pursuant to RAC §2-119(1) of this code times the total

tons of actual emissions for each fee pollutant. In lieu of actual emissions,

annual fees may be calculated based on the potential to emit for each fee

pollutant. Emissions of any regulated air pollutant that already are

included in the fee calculation under a category of regulated pollutant,

such as a federally listed hazardous air pollutant that is already accounted

for as a VOC or as PM10, shall be counted only once in determining the

source’s actual emissions.

[RAC 2-119(2)(a)]

1.1.6.1.1.

“Actual emissions” means the actual rate of emissions in tpy of

any fee pollutant (for fee calculation) emitted from a Title V

source over the preceding calendar year or any other period

determined by the Tribe to be more representative of normal

operation and consistent with the fee schedule adopted by the Tribe

and approved by the Administrator. Actual emissions shall be

calculated using each emissions units actual operating hours,

production rates, in-place control equipment, and types of

materials processed, stored, or combusted during the preceding

calendar year or other period used for this calculation.

[RAC 1-103(2)]

1.1.6.1.2.

Actual emissions shall be computed using compliance methods

required by the permit.

[RAC 2-118(1)(b)]

1.1.6.1.3.

If actual emissions cannot be determined using the compliance

methods in the permit, the permittee shall use other federally

recognized procedures.

[RAC 2-118(1)(b)]

1.1.6.2.

The total annual fee submitted shall be the greater of the applicable

minimum fee or the sum of subtotal annual fees for all fee pollutants

emitted from the source.

[RAC 2-119(2)(b)]

[Explanatory note: The applicable emission fee amount and applicable minimum fee (if necessary)

are revised each calendar year to account for inflation, and they are available from AQD prior to

the start of each calendar year.]

1.1.6.3.

The permittee shall exclude the following emissions from the calculation

of fees:

1.1.6.3.1.

The amount of actual emissions of any one fee pollutant that the

source emits in excess of 4,000 tpy.

1.1.6.3.2.

Any emissions that come from insignificant activities not required

in a permit application pursuant to RAC §2-106(4).

[RAC 1-103(2)(c)]

1.1.7. Annual fee calculation worksheets shall be certified as to truth, accuracy, and

completeness by a responsible official.

[RAC 2-105 and RAC 2-118(2)(c)]

1.1.8. Failure of the permittee to pay fees by the due date shall subject the permittee to

assessment of penalties and interest in accordance with RAC §2-118(6).

[RAC 2-118(6)]

1.1.9. When notified by the Tribe of underpayment of fees, the permittee shall remit full

payment within 30 days of receipt of an invoice from the Tribe.

[RAC 2-119(3)(b)]

1.1.10. A permittee who thinks a Tribe assessed fee is in error and who wishes to

challenge such fee shall provide a written explanation of the alleged error to the

Tribe along with full payment of the assessed fee.

[RAC 2-119(3)(c)]

1.2. Compliance Requirements

1.2.1. Compliance with the Permit

1.2.1.1.

The permittee must comply with all conditions of this part 70 permit. Any

permit noncompliance with federally enforceable or Commission-only

permit conditions constitutes a violation of the RAC and Clean Air Act

and is grounds for enforcement action; for permit termination, revocation

and reissuance, or revision; or for denial of a permit renewal application.

[RAC 2-110(3)(a)]

1.2.1.2.

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.

[RAC 2-110(3)(b)]

1.2.1.3.

All terms and conditions of this permit which are required under the Clean

Air Act or under any of its applicable requirements, including any

provisions designed to limit a source’s potential to emit, are enforceable

by the Administrator and citizens under the Clean Air Act, except terms

and conditions the permit specifically designates as not being federally

enforceable under the Clean Air Act that are not required under the Clean

Air Act or under any of its applicable requirements. Terms and conditions

so designated are not subject to the requirements of RAC §§2-108, 2-111,

2-112, other than those contained in this paragraph.

[RAC 2-110(3)(f)]

1.2.1.4.

This permit, or the filing or approval of a compliance plan, does not

relieve any person from civil or criminal liability for failure to comply

with the provisions of the RAC and the Clean Air Act, applicable

regulations thereunder, and any other applicable law or regulation.

[RAC 2-110(3)(g)]

1.2.1.5.

For the purpose of submitting compliance certifications in accordance

with the Compliance Certifications condition below of this permit, or

establishing whether or not a person has violated or is in violation of any

requirement of this permit, nothing shall preclude the use, including the

exclusive use, of any credible evidence or information, relevant to whether

a source would have been in compliance with applicable requirements if

the appropriate performance or compliance test or procedure had been

performed.

[Section 113(a) and 113(e)(1) of the Act, 40 CFR §§51.212, 52.12, 52.33, 60.11(g), and 61.12]

1.2.2. Compliance Certifications

1.2.2.1.

The permittee shall submit to the Tribe and the Administrator an annual

certification of compliance which shall certify the source’s compliance

status with all permit terms and conditions and all applicable requirements

relevant to the source, including those related to emission limitations,

standards, or work practices. The compliance certification shall be

certified as to truth, accuracy, and completeness by a responsible official

consistent with RAC §2-110(9)(a). The certification of compliance shall

be submitted annually by April 1st and shall cover the preceding calendar

year in which the certification of compliance is due, except that the first

annual certification of compliance will cover the period from the issuance

date of this permit through December 31st of the same year.

[RAC 2-110(9)(c)]

1.2.3. Compliance Schedule

1.2.3.1.

For applicable requirements with which the source is in compliance, the

source will continue to comply with such requirements.

[RAC 2-106(4)(l)(ii)]

1.2.3.2.

For applicable requirements that will become effective during the permit

term, the source shall meet such requirements on a timely basis.

[RAC 2-106(4)(l)(iii)]

1.3. Duty to Provide and Supplement Information [RAC 2-110(7)(e), 2-106(5), and 2124]

1.3.1. The permittee shall furnish to the Tribe, within the period specified by the Tribe,

any information that the Tribe request in writing to determine whether cause

exists for reopening and revising, revoking, and reissuing, or terminating the

permit, or to determine compliance with the permit. Upon request, the permittee

shall also furnish to the Tribe copies of records that are required to be kept by the

permit, including information claimed to be confidential. Information claimed to

be confidential must be accompanied by a claim of confidentiality according to

the provisions of RAC 2-124.

[RAC 2-110(7)(e) and RAC 2-124]

1.3.2. The permittee, upon becoming aware that any relevant facts were omitted or

incorrect information was submitted in the permit application or in a supplemental

submittal, shall promptly submit such supplementary facts or corrected

information. In addition, a permittee shall provide additional information as

necessary to address any requirements that become applicable after the date a

complete application is filed, but prior to release of a draft permit.

[RAC 2-106(5)]

1.4. Submissions [RAC 2-105]

1.4.1. Any application, form, report, compliance certification, or other document

submitted by the permittee under this permit shall contain a certification by a

responsible official of truth, accuracy, and completeness. This certification shall

state that, based on information and belief formed after reasonable inquiry, the

statements and information in the document are true, accurate, and complete.

[Explanatory Note: The Tribe has developed a reporting form “CTAC” for certifying

truth, accuracy and completeness of part 70 submissions. The form may be found on the

AQD’s website (http://www.southernute-nsn.gov/environmental-programs/air-quality).]

1.4.2. Except where otherwise noted, any documents required to be submitted under this

permit, including reports, test data, monitoring data, notifications, compliance

certifications, fee calculation worksheets, and applications for renewals and

permit modifications shall be submitted:

by email at: airquality@southernute-nsn.gov

or by United States Postal Service:

Part 70 Program

Environmental Programs Department

Air Quality Division

P.O. Box 737 MS #84

Ignacio, Colorado 81137

or by Common Carrier:

Part 70 Program

Environmental Programs Department

Air Quality Division

398 Ouray Drive

Ignacio, CO 81137

1.5. Severability Clause [RAC 1-106 and RAC 2-110(1)(f)]

The provisions of this permit are severable, and in the event of any challenge to any portion

of this permit, or if any provision is held invalid, the remaining permit conditions shall

remain valid and in force.

1.6. Permit Actions [RAC 2-110(3)]

1.6.1. This permit may be modified, reopened and revised, revoked and reissued, or

terminated for cause.

[RAC 2-110(3)(c)]

1.6.2. The filing by the permittee of a request for a permit revision, reissuance, or

termination, or of a notification of planned changes or anticipated noncompliance

shall not stay any permit condition.

[RAC 2-110(3)(d)]

1.7. Administrative Permit Revision [RAC 2-111(2)]

1.7.1. The permittee may submit an application for an administrative permit revision as

defined in RAC §1-103.

[RAC 2-111(2)(a)]

1.7.2. The permittee may implement an administrative permit revision immediately

upon submittal of the request for the administrative revision.

[RAC 2-111(2)(c)]

[Note to permittee: If the provisions allowing for an administrative permit revision do not apply,

please contact the Air Quality Division for a determination of similarity prior to submitting your

request for an administrative permit revision.]

1.8. Minor Permit Revisions [RAC 2-111(3)]

1.8.1. The permittee may submit an application for a minor permit revision as defined in

RAC §1-103.

1.8.2. An application requesting the use of minor permit revision procedures shall meet

the requirements of RAC §2-106(4) and shall include the following:

1.8.2.1.

A description of the change, the emissions resulting from the change, and

any new applicable requirements that will apply if the change occurs;

1.8.2.2.

If changes are requested to the permit language, the permittee’s suggested

draft permit changes;

1.8.2.3.

Certification by a responsible official, consistent with RAC §2-105, that

the proposed revision meets the criteria for use of minor permit revision

procedures and a request that such procedures be used; and

1.8.2.4.

Completed forms for the Tribe to use to notify the Administrator and

affected programs as required under RAC §2-108.

1.8.2.5.

If the requested permit revision would affect existing compliance plans or

schedules, related progress reports, or certification of compliance

requirements, and an outline of such effects.

[RAC 2-111(3)(a)]

1.8.3. The permittee shall not submit multiple minor permit revision applications that

may conceal a larger revision that would not constitute a minor permit revision.

[RAC 2-111(3)(b)]

1.8.4. The permittee may make the change proposed in its minor permit revision

application immediately after it files such application, provided, however, for

sources that have previously utilized this provision during the term of the permit

and, on two or more occasions have failed to file a complete application, may

thereafter make the change only after the application is deemed complete. After

the permittee makes the change and until the Tribe takes any of the actions

specified in the following subsection, the permittee must comply with both the

applicable requirements governing the change and the proposed permit terms and

conditions. During this period, the permittee need not comply with the existing

permit terms and conditions it seeks to modify. If the permittee fails to comply

with its proposed permit terms and conditions during this period, however, the

existing permit terms and conditions it seeks to modify may be enforced against

it. The filing of a minor permit revision application does not authorize

construction or modification of a source under the NSR preconstruction permit

program. It is the permittee’s responsibility to determine if a preconstruction

permit is required prior to commencing construction, modification, or

reconstruction.

[RAC 2-111(3)(e)]

1.8.5. The permit shield under RAC §2-110(10) does not extend to minor permit

revisions.

[RAC 2-110(10)(d)]

1.9. Significant Permit Revisions [RAC 2-111(4)]

1.9.1. The permittee must request the use of significant permit revision procedures as

defined in RAC §1-103.

1.9.2. Significant permit revisions shall meet all requirements of the RAC for permit

issuance and renewal, including those for applications, review by the

Administrator and affected programs, and public participation.

[RAC 2-111(4), 2-109, and 2-106(3)]

1.10.

Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2112]

1.10.1. The permit may be reopened and revised for any of the reasons listed in the

paragraphs below. Alternatively, the permit may be revoked and reissued for the

reasons listed in the paragraphs below:

1.10.1.1.

Additional requirements under the Clean Air Act become applicable to a

major source with a remaining permit term of 3 or more years, provided

that the Tribe shall revise such permits to incorporate such additional

requirements no later than 18 months after promulgation of such

requirements, and no such reopening is required if the effective date of the

requirement is later than the permit expiration date unless the original

permit or any of its terms or conditions have been extended past the permit

expiration date pursuant to RAC §2-104(2)(b)(iii);

1.10.1.2.

Additional requirements (including excess emissions requirements)

become applicable to an affected source under the acid rain program.

Upon approval by the Administrator, excess emissions offset plans shall

be deemed to be incorporated into the permit;

1.10.1.3.

The Tribe or the Administrator determines that the permit contains a

material mistake or that inaccurate statements were made in establishing

the terms or conditions of the permit; or

1.10.1.4.

The Tribe or the Administrator determines that the permit must be revised

or revoked and reissued to assure compliance with applicable

requirements.

1.10.2. The permit may be terminated for any of the reasons listed below:

1.10.2.1.

The permittee fails to meet the requirements of an approved compliance

plan;

1.10.2.2.

The permittee has been in significant or repetitious noncompliance with

the operating permit terms or conditions;

1.10.2.3.

The permittee has exhibited a history of willful disregard for

environmental laws of any tribal or state authority, or of the United States;

1.10.2.4.

The permittee has knowingly misrepresented a material fact in any

application, record, report, plan, or other document filed or required to be

maintained under the permit;

1.11.

1.10.2.5.

The permittee falsifies, tampers with, or renders inaccurate any monitoring

device or method required to be maintained under the permit;

1.10.2.6.

The permittee fails to pay fees required under RAC§§2-118 and 2-119; or

1.10.2.7.

The Administrator has found that cause exists to terminate the permit.

Property Rights [RAC 2-110(3)(e)]

This permit does not convey any property rights of any sort, or any exclusive privilege.

1.12.

Inspection and Entry [RAC 2-110(9)(b)]

Upon presentation of credentials and other documents as may be required by law, the

permittee shall allow authorized representatives of the Tribe or other authorized

representative to perform the following:

1.12.1. Enter upon the permittee’s premises where a source is located or emissionsrelated activity is conducted, or where records must be kept under the conditions

of the permit;

1.12.2. Have access to and copy, at reasonable times, any records that must be kept under

the conditions of the permit;

1.12.3. Inspect at reasonable times any facilities, equipment (including monitoring and air

pollution control equipment), practices, or operations regulated or required under

the permit; and

1.12.4. As authorized by the Clean Air Act, sample or monitor at reasonable times

substances or parameters for the purpose of assuring compliance with the permit

or applicable requirements.

1.13.

[Reserved]

1.14.

Permit Transfers [RAC 2-113]

1.14.1. This permit shall not be transferable, by operation of law or otherwise, from one

location to another or from one source to another, except that a permit may be

transferred from one location to another in the case of a portable source that has

notified the Tribe in advance of the transfer, pursuant to the RAC. A permit for a

source may be transferred from one person to another if the Tribe finds that the

transferee is capable of operating the source in compliance with the permit. This

transfer must be accomplished through an administrative permit revision in

accordance with the Administrative Permit Revisions section of this permit.

1.15.

Off-Permit Changes [RAC 2-116(2)]

1.15.1. The permittee is allowed to make, without a permit revision, certain changes that

are not addressed or prohibited by this permit provided that the following

requirements are met:

1.15.1.1.

Each such change meets all applicable requirements and shall not violate

any existing permit term or condition;

1.15.1.2.

Such changes are not subject to any requirements under title IV of the

Clean Air Act and are not modifications under title I of the Clean Air Act;

1.15.1.3.

Such changes are not subject to permit revision procedures under RAC §2111; and

1.15.1.4.

The permittee provides contemporaneous written notice to the Tribe and

the Administrator of each such change, except for changes that qualify as

insignificant activities. Such notice shall state when the change occurred

and shall describe the change, any resulting emissions change, pollutants

emitted, and any applicable requirement that would apply as a result of the

change.

[RAC 2-116(2)(a)]

1.15.2. The permit shield does not apply to changes made under this provision.

[RAC 2-110(10)(d)]

1.15.3. The permittee shall keep a record describing changes made at the source that

result in emissions of any regulated air pollutant subject to an applicable

requirement, but not otherwise regulated under the permit, and the emissions

resulting from those changes.

[RAC 2-116(2)(b)]

1.15.4. A copy of each off-permit change notification shall be made available to the Tribe

upon request.

[RAC 2-110(6)]

1.16.

Permit Expiration and Renewal

[RAC §§2-104(3), 2-106(2)(b), 2-107(7)(a), 2-107(7)(b), 2-110(1)(a), and 2-106(3)]

1.16.1. This permit shall expire five years from the issuance date of this permit.

[RAC 2-110(1)(a)]

1.16.2. Expiration of this permit terminates the permittee’s right to operate unless a

timely and complete permit renewal application has been submitted at least 6

months but not more than 18 months prior to the date of expiration of this permit.

[RAC 2-107(7)(b)]

1.16.3. If the permittee submits a timely and complete permit application for renewal,

consistent with RAC §2-106 but the Tribe has failed to issue or disapprove a

renewal permit before the end of the permit term, then the permit shall not expire

and all its terms and conditions shall remain in effect until the renewal permit has

been issued or disapproved.

[RAC 2-104(2)(b)]

1.16.4. The ability to operate under this permit shall cease if (1) the Tribe takes final

action to issue the permittee a renewal permit or deny the permittee a permit or

(2) the permittee fails to submit by the deadline specified in writing by the Tribe

any additional information identified as being needed to process the application.

[RAC 2-104(3)]

1.16.5. Renewal of this permit is subject to the same procedures, including those for

public participation and affected program and EPA review, as those that apply to

initial permit issuance.

[RAC 2-107(7)(a)]

1.16.6. The application for renewal shall include the current permit number, description

of permit revisions and off permit changes that occurred during the permit term,

any applicable requirements that were promulgated and not incorporated into the

permit during the permit term, and other information required by the application

form.

[RAC 2-106(4)(e)(ix)]

Facility-Wide Requirements

Conditions in this section of the permit apply to all emissions units located at the facility, including

any units not specifically listed in Table 1 or Table 2 of the Source Emission Points section of this

permit.

[RAC 2-110(1)(d)]

2.1. General Recordkeeping Requirements [RAC 2-110(6)]

The permittee shall comply with the following generally applicable recordkeeping

requirements:

2.1.1. If the permittee determines that his or her stationary source that emits (or has the

potential to emit, without federally recognized controls) one or more hazardous

air pollutants is not subject to a relevant standard or other requirement established

under 40 CFR part 63, the permittee shall keep a record of the applicability

determination, for a period of five years after the determination, or until the

source changes its operations to become an affected source, whichever comes

first. Each of these records shall be made available to the Tribe upon request. The

record of the applicability determination shall include an analysis (or other

information) that demonstrates why the permittee believes the source is

unaffected (e.g., because the source is an area source).

[40 CFR 63.10(b)(3)]

2.1.2. Records shall be kept of off permit changes made, as required by the Off Permit

Changes section of this permit.

2.2. General Reporting Requirements

2.2.1. The permittee shall submit to the Tribe all reports of any required monitoring

under this permit semiannually, by April 1 and October 1 of each year. The

report due on April 1 shall cover the July 1 - December 31 reporting period of the

previous calendar year. The report due on October 1 shall cover the January 1 June 30 reporting period of the current calendar year. All instances of deviations

from permit requirements shall be clearly identified in such reports. All required

reports shall be certified by a responsible official consistent with the Submissions

section of this permit.

[RAC 2-110(7)(a)]

2.2.2. “Deviation” means any situation in which an emissions unit fails to meet a permit

term or condition. A deviation is not always a violation. A deviation can be

determined by observation or through review of data obtained from any testing,

monitoring, or recordkeeping established in accordance with RAC 2-110(5) and

(6). For a situation lasting more than 24 hours which constitutes a deviation, each

24 hour period is considered a separate deviation. Included in the meaning of

deviation are any of the following:

2.2.2.1.

A situation where emissions exceed an emission limitation or standard;

2.2.2.2.

A situation where process or emissions control device parameter values

indicate that an emission limitation or standard has not been met; or

2.2.2.3.

A situation in which observations or data collected demonstrate

noncompliance with an emission limitation or standard or any work

practice or operating condition required by the permit.

2.2.2.4.

A situation in which an exceedance or an excursion, as defined in 40 CFR

Part 64 occurs.

[RAC 1-103(21)]

2.2.3. The permittee shall promptly report to the Tribe deviations from permit

requirements, (including emergencies), including the date, time, duration, and the

probable cause of such deviations, the quantity and pollutant type of excess

emissions resulting from the deviation, and any preventative, mitigation, or

corrective actions or measures taken. Prompt deviation reports shall be submitted

to the following email address: airquality@southernute-nsn.gov

2.2.4.

“Prompt” is defined as follows:

2.2.4.1.

Where the underlying applicable requirement contains a definition of

“prompt” or otherwise specifies a time frame for reporting deviations, that

definition or time frame shall govern.

2.2.4.2.

Where the underlying applicable requirement fails to address the time

frame for reporting deviations, reports of deviations will be submitted

based on the following schedule:

2.2.4.2.1.

For emissions of a hazardous air pollutant or a toxic air pollutant

(as identified in the applicable regulation) that continue for more

than an hour in excess of permit requirements, the report must be

made by email, telephone, verbal, or facsimile communication by

the close of business the next working day, upon discovery of the

occurrence, and in writing within 10 working days from the

occurrence;

2.2.4.2.2.

For emissions of any regulated air pollutant, excluding those listed

in RAC §2-110(7)(b)(i), that continue for more than 2 hours in

excess of permit requirements, the report must be made by email,

telephone, verbal, or facsimile communication by the close of

business the next working day, upon discovery of the occurrence,

and in writing within 10 working days from the occurrence;

2.2.4.2.3.

For all other deviations from permit requirements, the report shall

be contained in the report submitted with the semi-annual

monitoring report.

[RAC 2-110(7)(b)]

2.3. Alternative Operating Scenarios [RAC 2-110(8)]

2.3.1. Replacement of an existing engine or turbine identified in this permit shall be

allowed as an off-permit change pursuant to the Off Permit Changes provisions of

this permit provided all of the following conditions are met:

2.3.1.1.

The engine or turbine replacement is not subject to any requirements

under Title IV of the Clean Air Act and is not a modification under Title I

of the Clean Air Act;

2.3.1.2.

The replacement engine or turbine is of the same make, model,

horsepower rating, and configured to operate in the same manner as the

engine or turbine being replaced.

2.3.1.3.

The replacement engine or turbine meets all applicable requirements

identified in this permit that apply to the existing engine or turbine being

replaced.

2.3.1.4.

All applicable requirements that apply to the replacement engine or

turbine are already included in the permit. Replacement of an existing

engine or turbine identified in this permit with a new, modified, or

reconstructed engine must utilize a Minor Permit Revision as specified in

RAC 2-111(3) or a Significant Permit Revision as specified in RAC 2111(4) to incorporate any new applicable requirements. The applicable

requirements include, but may not be limited to:

2.3.1.4.1.

Standards of Performance for Stationary Compression Ignition

Internal Combustion at 40 CFR Part 60, Subpart IIII;

2.3.1.4.2.

Standards of Performance for Stationary Spark Ignition Internal

Combustion Engines at 40 CFR Part 60, Subpart JJJJ;

2.3.1.4.3.

National Emission Standard for Hazardous Air Pollutants for

Stationary Reciprocating Internal Combustion Engines at 40 CFR

Part 63, Subpart ZZZZ;

2.3.1.4.4.

Standards of Performance for Stationary Gas Turbines at 40 CFR

Part 60, Subpart GG;

2.3.1.4.5.

Standards of Performance for Stationary Combustion Turbines at

40 CFR Part 60, Subpart KKKK;

2.3.1.4.6.

National Emission Standard for Hazardous Air Pollutants for

Stationary Combustion Turbines at 40 CFR Part 63, Subpart

YYYY;

2.3.1.4.7.

Requirements established in a permit or permits issued pursuant to

the Federal Minor New Source Review Program in Indian Country

at 40 CFR Part 49;

2.3.1.4.8.

Requirements established in a permit or permits issued pursuant to

the Prevention of Significant Deterioration of Air Quality Program

at 40 CFR Part 52; or

2.3.1.4.9.

Requirements established in any promulgated Federal

Implementation Plan that may apply to engines located on the

Southern Ute Indian Reservation.

2.3.2. The permittee shall provide contemporaneous written notice to the Tribe and the

Administrator of any replacement of an existing engine or turbine identified in

this permit. Such notice shall state when the replacement occurred and shall

describe the replacement and any applicable requirement that would apply as a

result of the replacement.

2.3.3. The permittee shall keep a record of the engine or turbine replacement.

2.3.4. The use of a backup thermal oxidizer with equivalent capacity and emission

destruction efficiency and configured to operate in the same manner as the

primary thermal oxidizer shall be an allowed alternative operating scenario under

this permit provided that the following conditions are met:

2.3.4.1.

Any emission limits, requirements, testing or other provisions that apply to

the primary thermal oxidizer shall also apply to the backup thermal

oxidizer except that an annual performance test shall only be conducted on

the backup thermal oxidizer if the unit operates for more than 500 hours in

any calendar year.

2.3.4.2.

At no time shall the backup thermal oxidizer operate at the same time the

primary thermal oxidizer is operating except periods of transition between

the primary and backup thermal oxidizers. Transition events shall be

documented, last no more than 30 minutes in duration, and will be

reported as excess emission events.

2.4. Permit Shield [RAC 2-110(10)(c)]

Nothing in this permit shall alter or affect the following:

2.4.1. The provisions of Section 303 of the Clean Air Act, 42 U.S.C. §7603 concerning

emergency powers, including the respective authorities of the Administrator under

those sections;

2.4.2. The liability of a permittee for any violation of applicable requirements prior to or

at the time of permit issuance;

2.4.3. The applicable requirements of the acid rain program consistent with section

408(a) of the Act; or

2.4.4. The ability of the Administrator respectively to obtain information from a source

pursuant to Section 114 of the Clean Air Act, 42 U.S.C. §7414.

2.5. Stratospheric Ozone and Climate Protection [40 CFR Part 82]

The permittee shall comply with the standards for recycling and emissions reduction

pursuant to 40 CFR Part 82, Subpart F:

2.5.1. Persons opening appliances for maintenance, service, repair, or disposal must

comply with the required practices pursuant to 40 CFR §82.156.

2.5.2. Equipment used during the maintenance, service, repair, or disposal of appliances

must comply with the standards for recycling and recovery equipment pursuant to

40 CFR §82.158.

2.5.3. Persons performing maintenance, service, repair, or disposal of appliances must

be certified by an approved technician certification program pursuant to 40 CFR

§82.161.

Section III – Site Specific Permit Terms

Reserved – New Source Performance Standards (NSPS) and 40 CFR Part 60

National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR

Part 63

2.1. 40 CFR Part 63, Subpart HH - National Emission Standards for Hazardous

Air Pollutants from Oil and Natural Gas Production Facilities [40 CFR 63.760 –

63.779 and RAC 4-103]

The permittee is the owner or operator of a glycol dehydration unit that is exempt from

the standards of 40 CFR §63.764(d). The permittee shall retain each determination

used to demonstrate that the actual average benzene emissions from each dehydrator

are below 0.90 megagram per year.

[40 CFR 63.764(e)(1), 63.772(b), and 63.774(d)(1)]

2.1.1. The permittee must obtain an extended wet gas analysis of the inlet gas stream at

least once per calendar year. The gas sample shall be taken at a point prior to

where the gas enters the dehydration system contact tower. The analysis shall

include the gas temperature and pressure at which the sample was taken. The gas

analysis results and corresponding temperature and pressure documented during

collection of the gas sample must be used to determine the actual average benzene

emissions annually, in accordance with §63.772(b)(2)(i) or (ii). If electing to

make this demonstration according §63.772(b)(2)(i), using the GRI-GLYCalcTM

model, the permittee shall perform each model run using a single gas analysis and

the corresponding temperature and pressure documented during collection of the

gas sample. The permittee may elect to average the results of multiple GRI23

GLYCalcTM model runs in determining actual average benzene emissions

annually, if multiple gas samples are collected during a calendar year.

[RAC 2-110(5)(b)]

[The permittee has elected to model emissions according to alternative test method

ALT-147. The permittee shall adhere to the requirements of Subpart HH language as

written in their current permits with the exception that ProMax Version 5.0 or higher

will be used in place of GRI-GLYCalc for the specific provisions identified in the EPA

approval memo until receiving AQD approval to use a different method.]

2.2. 40 CFR Part 63, Subpart ZZZZ – National Emission Standards for Hazardous

Air Pollutants for Reciprocating Internal Combustion Engines [40 CFR 63.6580 –

63.6675 and RAC 4-103]

This facility is subject to the requirements of 40 CFR Part 63, Subpart ZZZZ for new

non-emergency 4SLB stationary reciprocating internal combustion engines (RICE)

with a site rating greater than 500 brake horsepower located at a major source of

hazardous air pollutants (HAPs). Notwithstanding conditions in this permit, the

permittee shall comply with all applicable requirements of 40 CFR Part 63, subparts A

and ZZZZ.

2.2.1.

Affected Sources

The following emission units are considered affected sources under 40 CFR Part

63, Subpart ZZZZ:

C-201 – Caterpillar G3516LE (4SLB SI) Natural Gas-Fired Compressor Engine 1,298 Site Rated Horsepower

C-202 – Caterpillar G3516LE (4SLB SI) Natural Gas-Fired Compressor Engine 1,298 Site Rated Horsepower

C-203 – Caterpillar G3516LE (4SLB SI) Natural Gas-Fired Compressor Engine 1,298 Site Rated Horsepower

[40 CFR 63.6590]

2.2.2.

Emission and Operating Limitations

2.2.2.1.

If you own or operate a new 4SLB stationary RICE with a site rating of

more than 500 brake HP located at a major source of HAP emissions, you

must comply with the emission limitations in Table 2a to this subpart and

the operating limitations in Table 2b to this subpart which apply to you.

[40 CFR 63.6600(b)]

Table 2a to Subpart ZZZZ of Part 63—Emission Limitations for New and Reconstructed 4SLB Stationary

RICE ≥250 HP Located at a Major Source of HAP Emissions

You must meet the following

For each . . . emission limitation, except

During periods of startup you must . . .

during periods of startup . . .

Minimize the engine's time spent at idle and minimize the engine's

2. 4SLB

a. Reduce CO emissions by 93 startup time at startup to a period needed for appropriate and safe

stationary

percent or more

loading of the engine, not to exceed 30 minutes, after which time

RICE

the non-startup emission limitations apply.1

Sources can petition the Administrator pursuant to the requirements of 40 CFR 63.6(g) for alternative work practices.

Table 2b to Subpart ZZZZ of Part 63—Operating Limitations for New and Reconstructed 4SLB Stationary

RICE ≥250 HP Located at a Major Source of HAP Emissions

You must meet the following operating limitation, except during periods of

For each . . .

startup . . .

1. New 4SLB stationary RICE

a. maintain your catalyst so that the pressure drop across the catalyst does not

≥250 HP located at a major

change by more than 2 inches of water at 100 percent load plus or minus 10

source of HAP emissions

percent from the pressure drop across the catalyst that was measured during the

complying with the requirement initial performance test; and

to reduce CO emissions and using b. maintain the temperature of your stationary RICE exhaust so that the catalyst

an oxidation catalyst; and

inlet temperature is greater than or equal to 450 °F and less than or equal to 1350

°F.1

Sources can petition the Administrator pursuant to the requirements of 40 CFR 63.8(f) for a different temperature

range.

2.2.3. General Compliance Requirements

2.2.3.1.

You must be in compliance with the emission limitations, operating

limitations, and other requirements in this subpart that apply at all times.

[40 CFR 63.6605(a)]

2.2.3.2.

At all times you must operate and maintain any affected source, including

associated air pollution control equipment and monitoring equipment, in a

manner consistent with safety and good air pollution control practices for

minimizing emissions. The general duty to minimize emissions does not

require the permittee to make any further efforts to reduce emissions if

levels required by this standard have been achieved. Determination of

whether such operation and maintenance procedures are being used will be

based on information available to the Tribe which may include, but is not

limited to, monitoring results, review of operation and maintenance

procedures, review of operation and maintenance records, and inspection of

the source.

[40 CFR 63.6605(b)]

2.2.4.

Testing and Initial Compliance Requirements

2.2.4.1.

You must conduct the initial performance test or other initial compliance

demonstrations in Table 4 to this subpart that apply to you within 180 days

after the compliance date that is specified for your stationary RICE in

§63.6595 and according to the provisions in §63.7(a)(2).

[40 CFR 63.6610(a)]

Table 4 to Subpart ZZZZ of Part 63—Requirements for Performance Tests

Complying

For each

with the

According to the

You must . . .

Using . . .

. . .

requirement

following requirements . . .

to . . .

1. 4SLB a. Reduce CO i. Select the sampling port

(a) For CO and O2 measurement,

stationary emissions

location and the

ducts ≤6 inches in diameter may

RICE

number/location of

be sampled at a single point

traverse points at the inlet

located at the duct centroid and

and outlet of the control

ducts >6 and ≤12 inches in

device; and

diameter may be sampled at 3

traverse points located at 16.7,

50.0, and 83.3% of the

measurement line (`3-point long

line'). If the duct is >12 inches in

diameter and the sampling port

location meets the two and halfdiameter criterion of Section

11.1.1 of Method 1 of 40 CFR

part 60, appendix A-1, the duct

may be sampled at `3-point long

line'; otherwise, conduct the

stratification testing and select

sampling points according to

Section 8.1.2 of Method 7E of 40

CFR part 60, appendix A-4.

ii. Measure the O2 at the (1) Method 3 or 3A or 3B (b) Measurements to determine

inlet and outlet of the

of 40 CFR part 60,

O2 must be made at the same time

control device; and

appendix A-2, or ASTM as the measurements for CO

Method D6522-00

concentration.

(Reapproved

2005)13 (heated probe not

necessary)

iii. Measure the CO at the (2) ASTM D6522-00

inlet and the outlet of the (Reapproved 2005)1232

at 15 percent O2, dry basis.

control device

heated probe not

necessary) or method 10 of

40 CFR part 60, appendix

A-4

iv. Measure moisture

(3) Method 4 of 40 CFR (d) Measurements to determine

content at the inlet and

part 60, appendix A-3, or moisture content must be made at

outlet of the control device method 320 of 40 CFR part the same time and location as the

as needed to determine

63, appendix A, or ASTM measurements for CO

D6348-0313

concentration.

CO and O2 concentrations

on a dry basis

You may also use methods 3A and 10 as options to ASTM-D6522-00 (2005).

You may obtain a copy of ASTM-D6348-03 from at least one of the following addresses: American Society for

Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms

International, 300 North Zeeb Road, Ann Arbor, MI 48106.

Incorporated by reference, see §63.14.

2.2.4.2.

An owner or operator is not required to conduct an initial performance test

on units for which a performance test has been previously conducted, but

the test must meet all of the conditions described in §63.6610(d)(1) through

(5).

[40 CFR 63.6610(d)]

2.2.4.2.1.

The test must have been conducted using the same methods

specified in this subpart, and these methods must have been

followed correctly.

[40 CFR 63.6610(d)(1)]

2.2.4.2.2.

The test must not be older than 2 years.

2.2.4.2.3.

The test must be reviewed and accepted by the Administrator.

[40 CFR 63.6610(d)(3)]

2.2.4.2.4.

Either no process or equipment changes must have been made since

the test was performed, or the owner or operator must be able to

demonstrate that the results of the performance test, with or without

adjustments, reliably demonstrate compliance despite process or

equipment changes.

[40 CFR 63.6610(d)(4)]

2.2.4.2.5.

The test must be conducted at any load condition within plus or

minus 10 percent of 100 percent load.

[40 CFR 63.6610(d)(5)]

2.2.4.3.

[40 CFR 63.6610(d)(2)]

If you must comply with the emission limitations and operating limitations,

you must conduct subsequent performance tests as specified in Table 3 of

this subpart.

[40 CFR 63.6615]

Table 3 to Subpart ZZZZ of Part 63—Subsequent Performance Tests

Complying with the

For each . . .

You must . . .

requirement to . . .

1. New 4SLB stationary RICE ≥250 HP located Reduce CO emissions and not Conduct subsequent performance

at major sources;

using a CEMS

tests semiannually.1

After you have demonstrated compliance for two consecutive tests, you may reduce the frequency of subsequent

performance tests to annually. If the results of any subsequent annual performance test indicate the stationary RICE

is not in compliance with the CO or formaldehyde emission limitation, or you deviate from any of your operating

limitations, you must resume semiannual performance tests.

2.2.4.3.1.

For semiannual performance tests, the tests shall be performed

each consecutive calendar half-year. A calendar half-year is

defined as the six-month period from January 1 through June 30 or

from July 1 through December 31. All semiannual performance

tests shall be performed within 8 months of the previous test.

2.2.4.3.2.

For annual performance tests, the tests shall be performed each

consecutive calendar year between January and December.

Subsequent tests shall be performed within 14 months of the

previous test.

[40 CFR 63.6615 and RAC 2-110(5)]

2.2.4.4.

You must conduct each performance test in Tables 3 and 4 of this subpart

that applies to you.

[40 CFR 63.6620(a)]

2.2.4.5.

Each performance test must be conducted according to the requirements that

this subpart specifies in Table 4 to this subpart. If you own or operate a nonoperational stationary RICE that is subject to performance testing, you do

not need to start up the engine solely to conduct the performance test.

Owners and operators of a non-operational engine can conduct the

performance test when the engine is started up again. The test must be

conducted at any load condition within plus or minus 10 percent of 100

percent load.

[40 CFR 63.6620(b)]

2.2.4.6.

You must conduct three separate test runs for each performance test

required in this section, as specified in §63.7(e)(3). Each test run must last

at least 1 hour, unless otherwise specified in this subpart.

[40 CFR 63.6620(d)]

2.2.4.7.

You must use Equation 1 to determine compliance with the percent

reduction requirement:

𝑪𝑪𝒊𝒊 − 𝑪𝑪𝑶𝑶

× 𝟏𝟏𝟏𝟏𝟏𝟏 = 𝑹𝑹 (𝑬𝑬𝑬𝑬. 𝟏𝟏)

𝑪𝑪𝒊𝒊

Where:

Ci = concentration of carbon monoxide (CO), total hydrocarbons (THC), or

formaldehyde at the control device inlet,

Co = concentration of CO, THC, or formaldehyde at the control device

outlet, and

R = percent reduction of CO, THC, or formaldehyde emissions.

[40 CFR 63.6620(e)(1)]

2.2.4.8.

You must normalize the CO, THC, or formaldehyde concentrations at the

inlet and outlet of the control device to a dry basis and to 15 percent oxygen,

or an equivalent percent carbon dioxide (CO2). If pollutant concentrations

are to be corrected to 15 percent oxygen and CO2 concentration is measured

in lieu of oxygen concentration measurement, a CO2 correction factor is

needed. Calculate the CO2 correction factor as described in

§63.6620(e)(2)(i) through (iii).

[40 CFR 63.6620(e)(2)]

2.2.4.8.1.

Calculate the fuel-specific Fo value for the fuel burned during the

test using values obtained from Method 19, Section 5.2, and the

following equation:

𝑭𝑭𝑶𝑶 =

Where:

𝟎𝟎. 𝟐𝟐𝟐𝟐𝟐𝟐 𝑭𝑭𝒅𝒅

𝑭𝑭𝒄𝒄

(𝑬𝑬𝑬𝑬. 𝟐𝟐)

Fo = Fuel factor based on the ratio of oxygen volume to the

ultimate CO2 volume produced by the fuel at zero percent excess

air.

0.209 = Fraction of air that is oxygen, percent/100.

Fd = Ratio of the volume of dry effluent gas to the gross calorific

value of the fuel from Method 19, dsm3/J (dscf/106 Btu).

Fc = Ratio of the volume of CO2 produced to the gross calorific

value of the fuel from Method 19, dsm3/J (dscf/106 Btu)

[40 CFR 63.6620(e)(2)(i)]

2.2.4.8.2.

Calculate the CO2 correction factor for correcting measurement data

to 15 percent O2, as follows:

𝑿𝑿𝑪𝑪𝑪𝑪𝑪𝑪 =

Where:

𝟓𝟓. 𝟗𝟗

𝑭𝑭𝑶𝑶

(𝑬𝑬𝑬𝑬. 𝟑𝟑)

XCO2 = CO2 correction factor, percent

5.9 = 20.9 percent O2 – 15 percent O2, the defined O2 correction

value, percent

[40 CFR 63.6620(e)(2)(ii)]

2.2.4.8.3.

Calculate the CO, THC, and formaldehyde gas concentrations

adjusted to 15 percent O2 using CO2 as follows:

𝑪𝑪𝒂𝒂𝒂𝒂𝒂𝒂 = 𝑪𝑪𝒅𝒅

Where:

𝑿𝑿𝑪𝑪𝑪𝑪𝑪𝑪

%𝑪𝑪𝑪𝑪𝟐𝟐

(𝑬𝑬𝑬𝑬. 𝟒𝟒)

Cadj = Calculated concentration of CO, THC, or formaldehyde

adjusted to 15 percent O2.

Cd = Measured concentration of CO, THC, or formaldehyde,

uncorrected.

XCO2 = CO2 correction factor, percent.

%CO2 = Measured CO2 concentration measured, dry basis,

percent.

[40 CFR 63.6620(e)(2)(iii)]

2.2.4.9.

The engine percent load during a performance test must be determined by

documenting the calculations, assumptions, and measurement devices used

to measure or estimate the percent load in a specific application. A written

report of the average percent load determination must be included in the

notification of compliance status. The following information must be

included in the written report: the engine model number, the engine

manufacturer, the year of purchase, the manufacturer's site-rated brake

horsepower, the ambient temperature, pressure, and humidity during the

performance test, and all assumptions that were made to estimate or

calculate percent load during the performance test must be clearly

explained. If measurement devices such as flow meters, kilowatt meters,

beta analyzers, stain gauges, etc. are used, the model number of the

measurement device, and an estimate of its accurate in percentage of true

value must be provided.

[40 CFR 63.6620(i)]

2.2.4.10.

Beginning on February 26, 2025, within 60 days after the date of

completing each performance test required by this subpart, you must

submit the results of the performance test following the procedure

specified in §63.9(k). Data collected using test methods supported by the

EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT

website (https://www.epa.gov/electronic-reporting-airemissions/electronic-reporting-tool-ert) at the time of the test must be

submitted in a file format generated using the EPA's ERT. Alternatively,

you may submit an electronic file consistent with the extensible markup

language (XML) schema listed on the EPA's ERT website. Data collected

using test methods that are not supported by the EPA's ERT as listed on

the EPA's ERT website at the time of the test must be included as an

attachment in the ERT or alternate electronic file.

[40 CFR 63.6620(j)]

2.2.4.11.

If you are required to install a continuous parameter monitoring system

(CPMS) as specified in Table 5 of this subpart, you must install, operate,

and maintain each CPMS according to the requirements in §63.6625(b)(1)

through (6).

[40 CFR 63.6625(b)]

Table 5 to Subpart ZZZZ of Part 63 - Initial Compliance With Emission Limitations, Operating

Limitations, and Other Requirements

Complying with the You have demonstrated initial compliance if

For each . . .

requirement to . . .

. . .

1. New non-emergency 4SLB stationary a. Reduce CO emissions i. The average reduction of emissions of CO

RICE ≥250 HP located at a major

and using oxidation

determined from the initial performance test

source of HAP

catalyst, and using a

achieves the required CO percent reduction;

CPMS

and

ii. You have installed a CPMS to continuously

monitor catalyst inlet temperature according to

the requirements in §63.6625(b); and

iii. You have recorded the catalyst pressure

drop and catalyst inlet temperature during the

initial performance test.

2.2.4.11.1.

You must prepare a site-specific monitoring plan that addresses the

monitoring system design, data collection, and the quality assurance

and quality control elements outlined in §63.6625(b)(1)(i) through

(v) and in §63.8(d). As specified in §63.8(f)(4), you may request

approval of monitoring system quality assurance and quality control

procedures alternative to those specified in paragraphs

§63.6625(b)(1) through (5) in your site-specific monitoring plan.

[40 CFR 63.6625(b)(1)]

2.2.4.11.1.1.

The performance criteria and design specifications for the

monitoring system equipment, including the sample

interface, detector signal analyzer, and data acquisition and

calculations;

[40 CFR 63.6625(b)(1)(i)]

2.2.4.11.1.2.

Sampling interface (e.g., thermocouple) location such that

the monitoring system will provide representative

measurements;

[40 CFR 63.6625(b)(1)(ii)]

2.2.4.11.1.3.

Equipment performance evaluations, system accuracy

audits, or other audit procedures;

[40 CFR 63.6625(b)(1)(iii)]

2.2.4.11.1.4.

Ongoing operation and maintenance procedures in

accordance with provisions in §63.8(c)(1)(ii) and (c)(3); and

[40 CFR 63.6625(b)(1)(iv)]

2.2.4.11.1.5.

Ongoing reporting and recordkeeping procedures in

accordance with provisions in §63.10(c), (e)(1), and

(e)(2)(i).

[40 CFR 63.6625(b)(1)(v)]

2.2.4.11.2.

You must install, operate, and maintain each CPMS in continuous

operation according to the procedures in your site-specific

monitoring plan.

[40 CFR 63.6625(b)(2)]

2.2.4.11.3.

The CPMS must collect data at least once every 15 minutes (see also

§63.6635).

[40 CFR 63.6625(b)(3)]

2.2.4.11.4.

For a CPMS for measuring temperature range, the temperature

sensor must have a minimum tolerance of 2.8 degrees Celsius (5

degrees Fahrenheit) or 1 percent of the measurement range,

whichever is larger.

[40 CFR 63.6625(b)(4)]

2.2.4.11.5.

You must conduct the CPMS equipment performance evaluation,

system accuracy audits, or other audit procedures specified in your

site-specific monitoring plan at least annually.

[40 CFR 63.6625(b)(5)]

2.2.4.11.6.

You must conduct a performance evaluation of each CPMS in

accordance with your site-specific monitoring plan.

[40 CFR 63.6625(b)(6)]

2.2.4.12.

You must minimize the engine's time spent at idle during startup and

minimize the engine's startup time to a period needed for appropriate and

safe loading of the engine, not to exceed 30 minutes, after which time the

emission standards applicable to all times other than startup in Table 2a to

this subpart apply.

[40 CFR 63.6625(h)]

2.2.4.13.

You must demonstrate initial compliance with each emission limitation,

operating limitation, and other requirement that applies to you according to

Table 5 of this subpart.

[40 CFR 63.6630(a)]

2.2.4.14.

During the initial performance test, you must establish each operating

limitation in Table 2b of this subpart that applies to you.

[40 CFR 63.6630(b)]

2.2.4.15.

You must submit the Notification of Compliance Status containing the

results of the initial compliance demonstration according to the

requirements in §63.6645.

[40 CFR 63.6630(c)]

2.2.5.

Continuous Compliance Requirements

2.2.5.1.

If you must comply with emission and operating limitations, you must

monitor and collect data according to this section.

[40 CFR 63.6635(a)]

2.2.5.2.

Except for monitor malfunctions, associated repairs, required performance

evaluations, and required quality assurance or control activities, you must

monitor continuously at all times that the stationary RICE is operating. A

monitoring malfunction is any sudden, infrequent, not reasonably

preventable failure of the monitoring to provide valid data. Monitoring

failures that are caused in part by poor maintenance or careless operation

are not malfunctions.

[40 CFR 63.6635(b)]

2.2.5.3.

You may not use data recorded during monitoring malfunctions, associated

repairs, and required quality assurance or control activities in data averages

and calculations used to report emission or operating levels. You must,

however, use all the valid data collected during all other periods.

[40 CFR 63.6635(c)]

2.2.5.4.

You must demonstrate continuous compliance with each requirement in

Tables 2a and 2b to this subpart that applies to you according to methods

specified in Table 6 to this subpart.

[40 CFR 63.6640(a)]

Table 6 to Subpart ZZZZ of Part 63—Continuous Compliance With Emission Limitations, and Other

Requirements

Complying with the

For each . . .

You must demonstrate continuous compliance by . . .

requirement to . . .

1. New non-emergency

a. Reduce CO emissions

i. Conducting semiannual performance tests for CO to

4SLB stationary RICE ≥250 and using an oxidation

demonstrate that the required CO percent reduction is

HP located at a major source catalyst, and using a CPMS achieveda; and

of HAP

ii. Collecting the catalyst inlet temperature data according

to §63.6625(b); and

iii. Reducing these data to 4-hour rolling averages; and

iv. Maintaining the 4-hour rolling averages within the

operating limitations for the catalyst inlet temperature;

and

v. Measuring the pressure drop across the catalyst once

per month and demonstrating that the pressure drop

across the catalyst is within the operating limitation

established during the performance test.

After you have demonstrated compliance for two consecutive tests, you may reduce the frequency of subsequent

performance tests to annually. If the results of any subsequent annual performance test indicate the stationary RICE

is not in compliance with the CO or formaldehyde emission limitation, or you deviate from any of your operating

limitations, you must resume semiannual performance tests.

2.2.5.5.

You must report each instance in which you did not meet each requirement

in Tables 2a and 2b to this subpart that applies. These instances are

deviations from the emission and operating limitations in this subpart.

These deviations must be reported according to the requirements in

§63.6650. If you change your catalyst, you must reestablish the values of

the operating parameters measured during the initial performance test.

When you reestablish the values of your operating parameters, you must

also conduct a performance test to demonstrate that you are meeting the

required emission limitation applicable to your stationary RICE.

[40 CFR 63.6640(b)]

2.2.5.5.1.

You must conduct the performance test within 180 days of the

catalyst change.

[RAC 2-110(5)]

2.2.5.6.

For new stationary RICE, deviations from the emission or operating

limitations that occur during the first 200 hours of operation from engine

startup (engine burn-in period) are not violations. Rebuilt stationary RICE

means a stationary RICE that has been rebuilt as that term is defined in 40

CFR 94.11(a).

[40 CFR 63.6640(d)]

2.2.5.7.

You must also report each instance in which you did not meet the

requirements in Table 8 to this subpart that apply.

[40 CFR 63.6640(e)]

2.2.6.

Notifications, Reports, and Records

2.2.6.1.

You must submit all of the notifications in §§63.7(b) and (c), 63.8(e), (f)(4),

63.9(b) through (e), and (g) and (h) that apply by the dates specified.

[40 CFR 63.6645(a)]

2.2.6.2.

You must submit a Notification of Intent to conduct a performance test at

least 60 days before the performance test is scheduled to begin as required

in §63.7(b)(1).

[40 CFR 63.6645(g)]

2.2.6.3.

If you are required to conduct a performance test or other initial compliance

demonstration as specified in Tables 4 and 5 to this subpart, you must

submit a Notification of Compliance Status according to §63.9(h)(2)(ii).

[40 CFR 63.6645(h)]

2.2.6.3.1.

For each initial compliance demonstration required in Table 5 to this

subpart that does not include a performance test, you must submit

the Notification of Compliance Status before the close of business

on the 30th day following the completion of the initial compliance

demonstration.

[40 CFR 63.6645(h)(1)]

2.2.6.3.2.

Beginning on February 26, 2025, for each initial compliance

demonstration required in table 5 to this subpart that includes a

performance test conducted according to the requirements in table 3

to this subpart, you must submit the Notification of Compliance

Status, including a summary of the performance test results, in PDF

to the EPA via the Compliance and Emissions Data Reporting

Interface (CEDRI), before the close of business on the 60th day

following the completion of the performance test following the

procedure specified in §63.9(k), except any Confidential Business

Information (CBI) is to be submitted according to §63.6645(h)(2)(i)

and (ii). Do not use CEDRI to submit information you claim as CBI.

[40 CFR 63.6645(h)(2)]

2.2.6.4.

You must submit each report in Table 7 of this subpart that applies to you.

[40 CFR 63.6650(a)]

Table 7 to Subpart ZZZZ of Part 63—Requirements for Reports

You must submit

The report must contain

You must submit the

For each . . .

a. . .

. . .

report . . .

1. New non-emergency

Compliance report

a. If there are no deviations

i. Semiannually

stationary RICE >500

from any emission

according to the

HP located at a major

limitations or operating

requirements in

source of HAP

limitations that apply to you,

§63.6650(b)(1)-(5) and

a statement that there were no (i) for engines that are

deviations from the emission not limited use

limitations or operating

stationary RICE subject

limitations during the

to numerical emission

reporting period. If there

limitations; and

were no periods during which ii. Annually according

to the requirements in

the CMS, including CEMS

§63.6650(b)(6)-(9) and

and CPMS, was out-of(i) for engines that are

control, as specified in

limited use stationary

§63.8(c)(7), a statement that

there were not periods during RICE subject to

numerical emission

which the CMS was out-oflimitations.

control during the reporting

period; or

b. If you had a deviation from i. Semiannually

any emission limitation or

according to the

operating limitation during

requirements in

the reporting period, the

§63.6650(b) and (i).

information in §63.6650(d).

If there were periods during

which the CMS, including

CEMS and CPMS, was outof-control, as specified in

§63.8(c)(7), the information

in §63.6650(e); or

c. If you had a malfunction

i. Semiannually

during the reporting period,

according to the

the information in

requirements in

§63.6650(c)(4).

§63.6650(b) and (i).

2.2.6.5.

You must submit a compliance report semi-annually by April 1 and October

1 of each year. The report due on April 1 shall cover the July 1 – December

31 reporting period of the previous calendar year. The report due on October

1 shall cover the January 1 – June 30 reporting period of the current calendar

year.

[40 CFR 63.6650(b)(3)]

2.2.6.6.

You must submit annual compliance reports by April 1st.

2.2.6.7.

The Compliance report must contain the information specified in

§63.6650(c)(1) through (8).

[40 CFR 63.6650(c)]

[RAC 2-110(7)]

2.2.6.7.1.

Company name and address.

2.2.6.7.2.

Statement by a responsible official, with that official's name, title,

and signature, certifying the accuracy of the content of the report.

[40 CFR 63.6650(c)(2)]

2.2.6.7.3.

Date of report and beginning and ending dates of the reporting

period.

[40 CFR 63.6650(c)(3)]

2.2.6.7.4.

If you had a malfunction during the reporting period, the compliance

report must include the number, duration, and a brief description for

each type of malfunction which occurred during the reporting period

and which caused or may have caused any applicable emission

limitation to be exceeded. The report must also include a description

of actions taken by an owner or operator during a malfunction of an

affected source to minimize emissions in accordance with

§63.6605(b), including actions taken to correct a malfunction.

[40 CFR 63.6650(c)(4)]

2.2.6.7.5.

If there are no deviations from any emission or operating limitations

that apply to you, a statement that there were no deviations from the

emission or operating limitations during the reporting period.

[40 CFR 63.6650(c)(5)]

2.2.6.7.6.

If there were no periods during which the continuous monitoring

system (CMS), including CEMS and CPMS, was out-of-control, as

specified in §63.8(c)(7), a statement that there were no periods

during which the CMS was out-of-control during the reporting

period.

[40 CFR 63.6650(c)(6)]

[40 CFR 63.6650(c)(1)]

2.2.6.7.7.

Engine site rating in brake HP, year construction of the engine

commenced (as defined in §63.2, where the exact year is not known,

provide the best estimate), and type of engine (CI, SI 2SLB, SI

4SLB, or SI 4SRB).

[40 CFR 63.6650(c)(7)]

2.2.6.7.8.

Latitude and longitude of the engine in decimal degrees reported to

the fifth decimal place.

[40 CFR 63.6650(c)(8)]

2.2.6.8.

For each deviation from an emission or operating limitation occurring for a

stationary RICE where you are using a CMS to comply with the emission

and operating limitations in this subpart, you must include information in

paragraphs §63.6650(c)(1) through (8) and (e)(1) through (13).

[40 CFR 63.6650(e)]

2.2.6.8.1.

The date and time that each malfunction started and stopped.

[40 CFR 63.6650(e)(1)]

2.2.6.8.2.

The start and end date and time and the duration (in hours) that each

CMS was inoperative, except for zero (low-level) and high-level

checks.

[40 CFR 63.6650(e)(2)]

2.2.6.8.3.

The start and end date and time and the duration (in hours) that each

CMS was out-of-control, including the information in §63.8(c)(8).

[40 CFR 63.6650(e)(3)]

2.2.6.8.4.

The date and time that each deviation started and stopped, and

whether each deviation occurred during a period of malfunction or

during another period.

[40 CFR 63.6650(e)(4)]

2.2.6.8.5.

A summary of the total duration (in hours) of the deviation during

the reporting period, and the total duration as a percent of the total

source operating time during that reporting period.

[40 CFR 63.6650(e)(5)]

2.2.6.8.6.

A breakdown of the total duration (in hours) of the deviations during

the reporting period into those that are due to control equipment

problems, process problems, other known causes, and other

unknown causes.

[40 CFR 63.6650(e)(6)]

2.2.6.8.7.

A summary of the total duration (in hours) of CMS downtime during

the reporting period, and the total duration of CMS downtime as a

percent of the total operating time of the stationary RICE at which

the CMS downtime occurred during that reporting period.

[40 CFR 63.6650(e)(7)]

2.2.6.8.8.

An identification of each parameter and pollutant (CO or

formaldehyde) that was monitored at the stationary RICE.

[40 CFR 63.6650(e)(8)]

2.2.6.8.9.

[Reserved]

2.2.6.8.10.

A brief description of the CMS.

2.2.6.8.11.

The date of the latest CMS certification or audit.

[40 CFR 63.6650(e)(11)]

2.2.6.8.12.

A description of any changes in CMS, processes, or controls since

the last reporting period.

[40 CFR 63.6650(e)(12)]

2.2.6.8.13.

The total operating time of the stationary RICE at which the

deviation occurred during the reporting period.

[40 CFR 63.6650(e)(13)]

2.2.6.9.

[40 CFR 63.6650(e)(10)]

Each affected source that has obtained a title V operating permit pursuant

to 40 CFR part 70 or 71 must report all deviations as defined in this subpart

in the semiannual monitoring report required by 40 CFR 70.6 (a)(3)(iii)(A)

or 40 CFR 71.6(a)(3)(iii)(A). If an affected source submits a Compliance

report pursuant to table 7 of this subpart along with, or as part of, the

semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40

CFR 71.6(a)(3)(iii)(A), and the Compliance report includes all required

information concerning deviations from any emission or operating

limitation in this subpart, submission of the Compliance report shall be

deemed to satisfy any obligation to report the same deviations in the

semiannual monitoring report. However, submission of a Compliance

report shall not otherwise affect any obligation the affected source may have

to report deviations from permit requirements to the permit authority.

Beginning on February 26, 2025, the semiannual and annual compliance

report required in table 7 of this subpart must be submitted according to

§63.6650(i). Only those elements required under this subpart are required

to be submitted according to §63.6650(i).

[40 CFR 63.6650(f)]

2.2.6.10.

Beginning on February 26, 2025 for the annual report specified in

§63.6650(h) and February 26, 2025 or one year after the report becomes

available in CEDRI, whichever is later for all other semiannual or annual

reports, submit all semiannual and annual subsequent compliance reports

using the appropriate electronic report template on the CEDRI website

(https://www.epa.gov/electronic-reporting-air-emissions/cedri) for this

subpart and following the procedure specified in §63.9(k), except any CBI

must be submitted according to the procedures in §63.6645(h). The date

report templates become available will be listed on the CEDRI website.

Unless the Administrator or delegated state agency or other authority has

approved a different schedule for submission of reports, the report must be

submitted by the deadline specified in this subpart, regardless of the method

in which the report is submitted.

[40 CFR 63.6650(i)]

2.2.6.11.

If you must comply with the emission and operating limitations, you must

keep the records described in §63.6655(a)(1) through (a)(5) and (b)(1)

through (b)(3).

[40 CFR 63.6655(a)]

2.2.6.11.1.

A copy of each notification and report that you submitted to

comply with this subpart, including all documentation supporting

any Initial Notification or Notification of Compliance Status that

you submitted, according to the requirement in §63.10(b)(2)(xiv).

[40 CFR 63.6655(a)(1)]

2.2.6.11.2.

Records of the occurrence and duration (in hours) of each

malfunction of operation (i.e., process equipment) or the air

pollution control and monitoring equipment.

[40 CFR 63.6655(a)(2)]

2.2.6.11.3.

Records of performance tests and performance evaluations as

required in §63.10(b)(2)(viii).

[40 CFR 63.6655(a)(3)]

2.2.6.11.4.

Records of all required maintenance performed on the air pollution

control and monitoring equipment.

[40 CFR 63.6655(a)(4)]

2.2.6.11.5.

Records of actions taken during periods of malfunction to

minimize emissions in accordance with §63.6605(b), including

corrective actions to restore malfunctioning process and air

pollution control and monitoring equipment to its normal or usual

manner of operation.

[40 CFR 63.6655(a)(5)]

2.2.6.12.

For each CPMS, you must keep the records listed in §63.6655(b)(1) through

(3).

[40 CFR 63.6655(b)]

2.2.6.12.1.

Records described in §63.10(b)(2)(vi) through (xi).

[40 CFR 63.6655(b)(1)]

2.2.6.12.2.

Previous (i.e., superseded) versions of the performance evaluation

plan as required in §63.8(d)(3).

[40 CFR 63.6655(b)(2)]

2.2.6.12.3.

Requests for alternatives to the relative accuracy test for CPMS as

required in §63.8(f)(6)(i), if applicable.

[40 CFR 63.6655(b)(3)]

2.2.6.13.

You must keep the records required in Table 6 of this subpart to show

continuous compliance with each emission or operating limitation that

applies.

[40 CFR 63.6655(d)]

2.2.6.14.

Records must be kept in a form suitable and readily available for

expeditious review according to §63.10(b)(1).

[40 CFR 63.6660(a)]

2.2.6.15.

As specified in §63.10(b)(1), you must keep each record for 5 years

following the date of each occurrence, measurement, maintenance,

corrective action, report, or record.

[40 CFR 63.6660(b)]

2.2.6.16.

You must keep each record readily accessible in hard copy or electronic

form for at least 5 years after the date of each occurrence, measurement,

maintenance, corrective action, report, or record, according to §63.10(b)(1).

[40 CFR 63.6660(c)]

2.2.7.

Other Requirements and Information

2.2.7.1.

Table 8 to this subpart shows which parts of the General Provisions in

§§63.1 through 63.15 apply to you.

Table 8 to Subpart ZZZZ of Part 63 – Applicability of General Provisions to Subpart ZZZZ

General

Subject of citation

Applies to subpart

Explanation

provisions citation

§63.1

General applicability of the

Yes.

General Provisions

§63.2

Definitions

Yes

Additional terms defined in §63.6675.

§63.3

§63.4

§63.6(j)

§63.7(a)(1)-(2)

Units and abbreviations

Yes.

Prohibited activities and

Yes.

circumvention

Construction and reconstruction

Yes.

Applicability

Yes.

Compliance dates for new and

Yes.

reconstructed sources

Notification

Yes.

[Reserved]

Compliance dates for new and

Yes.

reconstructed area sources that

become major sources

Compliance dates for existing

Yes.

sources

[Reserved]

Compliance dates for existing area Yes.

sources that become major sources

[Reserved]

Operation and maintenance

No.

Applicability of standards

No.

Methods for determining

Yes.

compliance

Finding of compliance

Yes.

Use of alternate standard

Yes.

Opacity and visible emission

standards

Compliance extension procedures Yes.

and criteria

Presidential compliance exemption Yes.

Performance test dates

Yes

§63.7(a)(3)

§63.7(b)(1)

CAA section 114 authority

Notification of performance test

Yes.

Yes

§63.7(b)(2)

Notification of rescheduling

Yes

§63.7(c)

Quality assurance/test plan

Yes

§63.7(d)

§63.7(e)(1)

Testing facilities

Conditions for conducting

performance tests

Yes.

No.

§63.7(e)(2)

Conduct of performance tests and

reduction of data

Test run duration

Administrator may require other

testing under section 114 of the

CAA

Yes

§63.5

§63.6(a)

§63.6(b)(1)-(4)

§63.6(b)(5)

§63.6(b)(6)

§63.6(b)(7)

§63.6(c)(1)-(2)

§63.6(c)(3)-(4)

§63.6(c)(5)

§63.6(d)

§63.6(e)

§63.6(f)(1)

§63.6(f)(2)

§63.6(f)(3)

§63.6(g)(1)-(3)

§63.6(h)

§63.6(i)

§63.7(e)(3)

§63.7(e)(4)

Yes.

Subpart ZZZZ does not contain opacity

or visible emission standards.

Subpart ZZZZ contains performance

test dates at §§63.6610, 63.6611, and

63.6612.

Except that §63.7(b)(1) only applies as

specified in §63.6645.

Except that §63.7(b)(2) only applies as

specified in §63.6645.

Except that §63.7(c) only applies as

specified in §63.6645.

Subpart ZZZZ specifies conditions for

conducting performance tests at

§63.6620.

Subpart ZZZZ specifies test methods at

§63.6620.

§63.7(f)

§63.7(g)

§63.7(h)

§63.8(a)(1)

§63.8(a)(2)

§63.8(a)(3)

§63.8(a)(4)

§63.8(b)(1)

§63.8(b)(2)-(3)

Alternative test method provisions Yes.

Performance test data analysis,

Yes.

recordkeeping, and reporting

Waiver of tests

Yes.

Applicability of monitoring

Yes

requirements

Performance specifications

[Reserved]

Monitoring for control devices

Monitoring

Multiple effluents and multiple

monitoring systems

Monitoring system operation and

maintenance

Routine and predictable SSM

SSM not in Startup Shutdown

Malfunction Plan

Compliance with operation and

maintenance requirements

Monitoring system installation

Continuous monitoring system

(CMS) requirements

Yes.

§63.8(c)(5)

§63.8(c)(6)-(8)

COMS minimum procedures

CMS requirements

Yes

§63.8(d)

§63.8(e)

CMS quality control

CMS performance evaluation

Yes.

Yes

§63.8(c)(1)

§63.8(c)(1)(i)

§63.8(c)(1)(ii)

§63.8(c)(1)(iii)

§63.8(c)(2)-(3)

§63.8(c)(4)

§63.8(f)(1)-(5)

§63.8(f)(6)

§63.8(g)

§63.9(a)

§63.9(b)(1)-(5)

Subpart ZZZZ contains specific

requirements for monitoring at

§63.6625.

No.

Yes.

Yes

Except that subpart ZZZZ does not

require Continuous Opacity

Monitoring System (COMS).

Subpart ZZZZ does not require COMS.

Except that subpart ZZZZ does not

require COMS.

Except for §63.8(e)(5)(ii), which

applies to COMS.

Except that

§63.8(e) only

applies as specified

in §63.6645.

Alternative monitoring method

Yes

Except that §63.8(f)(4) only applies as

specified in §63.6645.

Alternative to relative accuracy test Yes

Except that §63.8(f)(6) only applies as

specified in §63.6645.

Data reduction

Yes

Except that provisions for COMS are

not applicable. Averaging periods for

demonstrating compliance are

specified at §§63.6635 and 63.6640.

Applicability and State delegation Yes.

of notification requirements

Initial notifications

Yes

Except that §63.9(b)(3) is reserved.

Except that

§63.9(b) only

applies as specified

in §63.6645.

§63.9(c)

Request for compliance extension Yes

§63.9(d)

Notification of special compliance Yes

requirements for new sources

Notification of performance test

Yes

§63.9(e)

§63.9(f)

§63.9(g)(1)

§63.9(g)(2)

§63.9(g)(3)

Notification of visible emission

(VE)/opacity test

Notification of performance

Yes

evaluation

Notification of use of COMS data No

Notification that criterion for

alternative to RATA is exceeded

Yes

Except that §63.9(c) only applies as

specified in §63.6645.

Except that §63.9(d) only applies as

specified in §63.6645.

Except that §63.9(e) only applies as

specified in §63.6645.

Subpart ZZZZ does not contain opacity

or VE standards.

Except that §63.9(g) only applies as

specified in §63.6645.

Subpart ZZZZ does not contain opacity

or VE standards.

If alternative is in use.

Except that

§63.9(g) only

applies as specified

in §63.6645.

§63.9(h)(1)-(6)

Notification of compliance status Yes

Except that notifications for sources

using a CEMS are due 30 days after

completion of performance

evaluations. §63.9(h)(4) is reserved.

Except that §63.9(h) only applies as

specified in §63.6645.

§63.9(i)

Adjustment of submittal deadlines Yes.

§63.9(j)

Change in previous information

Yes.

§63.10(a)

Administrative provisions for

Yes.

recordkeeping/reporting

§63.10(b)(1)

Record retention

Yes

Except that the most recent 2 years of

data do not have to be retained on site.

§63.10(b)(2)(i)-(v) Records related to SSM

No.

§63.10(b)(2)(vi)- Records

Yes.

(xi)

§63.10(b)(2)(xii) Record when under waiver

Yes.

§63.10(b)(2)(xiii) Records when using alternative to Yes

For CO standard if using RATA

RATA

alternative.

§63.10(b)(2)(xiv) Records of supporting

Yes.

documentation

§63.10(b)(3)

Records of applicability

Yes.

determination

§63.10(c)

Additional records for sources

Yes

Except that §63.10(c)(2)-(4) and (9) are

using CEMS

reserved.

§63.10(d)(1)

General reporting requirements

Yes.

§63.10(d)(2)

Report of performance test results Yes.

§63.10(d)(3)

Reporting opacity or VE

Subpart ZZZZ does not contain opacity

observations

or VE standards.

§63.10(d)(4)

Progress reports

Yes.

§63.10(d)(5)

Startup, shutdown, and malfunction No.

reports

§63.10(e)(1) and

(2)(i)

§63.10(e)(2)(ii)

§63.10(e)(3)

§63.10(e)(4)

§63.10(f)

§63.11

§63.12

§63.13

§63.14

§63.15

Additional CMS Reports

Yes.

COMS-related report

Excess emission and parameter

Yes.

exceedances reports

Reporting COMS data

Waiver for recordkeeping/reporting Yes.

Flares

No.

State authority and delegations

Yes.

Addresses

Yes.

Incorporation by reference

Yes.

Availability of information

Yes.

Subpart ZZZZ does not require COMS.

Except that §63.10(e)(3)(i) (C) is

reserved.

Subpart ZZZZ does not require COMS.

[40 CFR 63.6665]

Reserved – Tribal Minor New Source Review

Reserved – Prevention of Significant Deterioration Requirements

Reserved – Consent Decree Requirements

Reserved – Compliance Assurance Monitoring (CAM) Requirements

Enhanced Monitoring, Recordkeeping, and Reporting

7.1. Any documents required to be submitted under this Title V operating permit,

including but not limited to, reports, test data, monitoring data, notifications,

compliance certifications, fee calculation worksheets, and applications for renewals

and permit modifications shall be submitted to the Tribe:

by email at: airqualty@southernute-nsn.gov

or by United States Postal Service:

or by Common Carrier:

Part 70 Program

Environmental Programs Department

Air Quality Division

P.O. Box 737 MS #84

Ignacio, Colorado 81137

Part 70 Program

Environmental Programs Department

Air Quality Division

398 Ouray Drive

Ignacio, CO 81137

Section IV – Appendix

Inspection Information

1.1. Driving Directions:

From the intersection of Hwy 172 and Hwy 151 in Ignacio, go east on Hwy 151

approximately 9.4 miles, turn right on CR-328, continue approximately 0.4 miles to CR321 and turn right. After approximately 1 mile, CR-321 will turn right, continue for

approximately 1.1 miles, go straight through the curve, turn right before the cattle guard

to the BP Tiffany Station, and follow the road to Spring Creek Compressor Station.

1.2. Global Positioning System (GPS):

Latitude: 37.058254 °N

Longitude: -107.545952 °W

1.3. Safety Considerations:

Red Cedar Gathering Company requires persons entering the site to wear a hard hat,

safety glasses, safety toe footwear, hearing protection, and fire-retardant clothing. Red

Cedar also requires a permit to be issued prior to the performance of any hot work at the

station.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.