# Southern Ute Indian Tribe (2024)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Asouthern_ute%3A0de6875756e1d6b3

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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
Trail Canyon 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 1, T32N, R9W
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
Trail Canyon Compressor Station
SUIT Account Identification Code: 2-027
Permit Number: V-SUIT-0048-2024.01
[Replaces Permit No.: V-SUIT-0048-2024.00]

Initial Issue Date:
Revised Date:
Expiration Date:

July 21, 2025
September 9, 2025
July 21, 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

September 2009

Permit Issued

Initial Part 71 Permit Issued

# V-SU-0048-08.00

October 2009

Permit Revision

Administrative Amendment

# V-SU-0048-08.01

February 2011

Reopen for Cause

May 2012

Permit Revision

Minor Modification

# V-SU-0048-2008.03

January 2014

Permit Issued

Initial Part 70 Permit Issued
Replaces EPA-Issued Permit:
V-SU-0048-2008.03

# V-SUIT-0048-2014.00

September 2014

Permit Revision

Administrative Amendment

# V-SUIT-0048-2014.01

August 12, 2019

# V-SU-0048-2008.02

st

Permit Renewal

1 Part 70 Permit Renewal

# V-SUIT-0048-2019.00

February 13, 2023

Permit Revision

Minor Permit Revision
Added compressor engine C206 updated affected units for
40 CFR 60, Subpart OOOOa.
 Updated C-205 engine serial
number and installation date.
 Updated Quad Z performance
testing language.

# V-SUIT-0048-2019.01

July 21, 2025

Permit Renewal

2nd Part 70 Permit Renewal

# V-SUIT-0048-2024.00

Administrative Revision
Added language to 40 CFR 60,
Subpart OOOOb, due to the 2025
EPA Final Interim Rule
extending compliance deadlines
for 40 CFR 60, Subpart
OOOO/a/b/c.

# V-SUIT-0048-2024.01




September 9, 2025

Permit Revision

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)] ............................................................................................................ 12
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] .........................14
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)]..................................................................................................... 16
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] ..........................................................22
Section III – Site Specific Permit Terms ................................................................................................................ 23
New Source Performance Standards (NSPS) and 40 CFR Part 60 ..................................................................23
1.1.
40 CFR Part 60, Subpart OOOOb – Standards of Performance for Crude Oil and Natural Gas
Facilities for Which Construction, Modification or Reconstruction Commenced After December 6, 2022 [40
CFR 60.5360b - 60.5439b] ..................................................................................................................................23
National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR Part 63 ...........................51
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] ...................................................51
2.2.
40 CFR Part 63, Subpart ZZZZ – National Emission Standards for Hazardous Air Pollutants from Oil
and Natural Gas Production Facilities [40 CFR §63.6580 – 63.6675 and RAC §4-103] .....................................62
Reserved – Tribal Minor New Source Review ................................................................................................86

1

3.1
Federal Implementation Plan for Managing Air Emissions from True Minor Sources in Indian
Country in the Oil and Natural Gas Production and Natural Gas Processing Segments of the Oil and Natural
Gas Sector [40 CFR 49.101-49.105] [SU-000048]...............................................................................................86
Reserved – Prevention of Significant Deterioration Requirements ............................................................... 86
Reserved – Consent Decree Requirements ....................................................................................................86
Reserved – Compliance Assurance Monitoring (CAM) Requirements ...........................................................86
Enhanced Monitoring, Recordkeeping, and Reporting..................................................................................86
Section IV – Appendix .......................................................................................................................................... 88
Inspection Information ..................................................................................................................................88
1.1.
Driving Directions: ...............................................................................................................................88
1.2.
Global Positioning System (GPS): .......................................................................................................88
1.3.
Safety Considerations: ........................................................................................................................88

2

Abbreviations and Acronyms
4SLB
4SRB
AFS
AQD
bbl
BACT
CAA
CAM
CEMS
CFR
CMS
COMS
CO
CO2
dscf
dscm
EPA
gal
GPM
H 2S
HAP
hr
ID
kg
lbs
MACT
Mg
MMBtu
MMSCFD
mo
NESHAP
NMHC
NOx
NSPS
NSR
pH
PM
PM10
ppbvd
ppm
ppmvd
PSD
PTE
psi
psia
RAC
RICE
RMP
scf
scfm
SI
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

3

US EPA
VOC

United States Environmental Protection Agency
Volatile Organic Compounds

4

Table of Figures
Table 1 - Emission Units................................................................................................................. 7
Table 2 - Insignificant Emission Units ........................................................................................... 7

5

Section I – Source Information and Emission Unit Identification
Source Information
Owner Name:

Red Cedar Gathering Company

Facility Name:

Trail Canyon Compressor Station

Facility Location:

Section 1, T32N, R9W

Latitude:

37.049720 °N

Longitude:
State:

-107.781940 °W
Colorado

County:

La Plata

Responsible Official:

President – Chief Operating Officer

SIC Code:

1311

ICIS Identification Number:

SU00000008067U0021

EPA Facility Registry ID:

110063859267

Other Clean Air Act Permits

Federal Implementation Plan: # SU-000048

Process Description:
The Trail Canyon Compressor Station, owned and operated by Red Cedar Gathering Company, is
located in Southwestern Colorado within the exterior boundaries of the Southern Ute Indian
Reservation. Trail Canyon is a production field facility prior to the point of custody transfer.
Natural gas product is provided to Trail Canyon from several upstream wells and compression
stations.
Current Configuration: Units C-204 and C-205 pull gas from the low-pressure pipelines at
approximately 30psi and compress the gas to approximately 350psi. The gas is then processed
through the dehy unit and discharged into Red Cedar’s mid-pressure pipeline. Under this
configuration, the station can process 10-12 Mscf/day. Units C-201, C-202, and C-206 boost 5060 MMscf/day of high-pressure gas, from various compressor facilities, from roughly 800psi to a
discharge pressure around 1,000psi. The gas is discharged to a high-pressure valve set known as
the Val Verde Valve set. The gas that is processed through units C-201 and C-202 is not dehydrated
at the Trail Canyon Compressor Station. The facility does not extract natural gas liquids from field
gas nor fractionate mixed NGL’s to natural gas products. The facility has storage vessels, but none
with the potential for flash emissions. Trail Canyon’s primary emitters consist of 5 compressor
engines and one glycol dehydration unit. The facility has several heaters, and tanks that qualify as
insignificant emission units. Trail Canyon does not engage in pigging operations.
The 5 compressor engines are 4SLB SI RICE. One of these compressor engines (C-204) is subject
to 40 CFR 63 Subpart ZZZZ regulations. Red Cedar has selected oxidation catalyst as the means
to satisfy the regulatory requirements for Carbon Monoxide (CO) reduction.
6

Source Emission Points

Table 1 - Emission Units
Emission
Unit ID

Control
Equipment

Description
Caterpillar G3516LE (4SLB SI) Natural Gas-Fired Compressor Engine
1,150 Name Plate Rated HP

C-201

Serial No.

4EK01712

Install Date:

06/10/2025

C-202

Serial No.

4EK02752

Install Date:

07/07/2009

C-206

Serial No.

4EK02291

Install Date:

11/19/2024

None

Caterpillar G3516LE (4SLB SI) Natural Gas-Fired Compressor Engine
1,342 Name Plate Rated HP
C-204

Serial No.

4EK04171

Install Date:

Miratech Oxidation
Catalyst with AFRC

03/24/2025

Waukesha 7042GL (4SLB SI) Natural Gas-Fired Compressor Engine
1,377 Name Plate Rated HP
C-205

Serial No.

C-12572/4

Install Date:

None

12/21/2022

PESCO Tri-Ethylene Glycol (TEG) Dehydrator 25 (MMscf/day)
None
X-303

Serial No.

N/A

Install Date:

05/06/2009

Table 2 - Insignificant Emission Units
Emission Unit ID

Amount

Description

Size

Units

X-303a
H-101, 102
H-501, 502
H-603, 701, 702
TK-501
TK-502
TK-503
TK-505, 512, 513, 521
TK-506
TK-508, 509
TK-514
TK-515, 516
TK-517, 518
TK-601
TK-602
FUG

1
2
2
3
1
1
1
4
1
2
1
2
2
1
1
N/A

TEG Reboiler
Catalytic Heater
Tank Heater
Catalytic Heater
Waste Water Drain Tank
Waste Oil Drain Tank
Glycol Still Vent Tank
Engine Coolant Makeup Tank
Engine Lube Oil Makeup Tank
Compressor Lube Oil Makeup Tank
Compressor Lube Oil Tank
Compressor Oil Day Tank
Engine Oil Day Tank
Glycol Makeup (Storage) Tank
TEG Stock Tank
Fugitive Emissions

0.65
0.10
0.325
0.005
15,750
6,615
788
500
500
500
500
55
55
500
375
N/A

MMBtu/hr
MMBtu/hr
MMBtu/hr
MMBtu/hr
Gallons
Gallons
Gallons
Gallons
Gallons
Gallons
Gallons
Gallons
Gallons
Gallons
Gallons
Gallons

7

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 1 st 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)]
8

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)]

9

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)]
10

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
11

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

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)]
12

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.

13

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]
14

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;

1.10.2.5.

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
15

1.10.2.7.
1.11.

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)]

16

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)]
17

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
18

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
19

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.
20

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.
21

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]

22

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
New Source Performance Standards (NSPS) and 40 CFR Part 60
1.1. 40 CFR Part 60, Subpart OOOOb – Standards of Performance for Crude Oil and
Natural Gas Facilities for Which Construction, Modification or Reconstruction
Commenced After December 6, 2022 [40 CFR 60.5360b - 60.5439b]
This facility is subject to the requirements of 40 CFR Part 60, Subpart OOOOb for the
collection of fugitive emissions components at a compressor station. Notwithstanding
conditions in this permit, the permittee shall comply with all applicable requirements of
40 CFR Part 60, subparts A and OOOOb.
1.1.1. Affected Sources
The following emission units are considered affected sources under 40 CFR Part
60, Subpart OOOOb:
The collection of fugitive emission components at a compressor station located at
Trail Canyon Compressor Station.
[40 CFR 60.5365b(i)(3)(i)]
1.1.2. General Requirements
1.1.2.1.

At all times, including periods of startup, shutdown, and malfunction,
owners and operators shall maintain and operate any affected facility
including associated air pollution control equipment in a manner
consistent with good air pollution control practice for minimizing
emissions. Determination of whether acceptable operating and
maintenance procedures are being used will be based on information
available to the Administrator which may include, but is not limited to,
23

monitoring results, opacity observations, review of operating and
maintenance procedures, and inspection of the source. The provisions for
exemption from compliance during the periods of startup, shutdown and
malfunctions provided for in 40 CFR 60.8(c) do not apply to this subpart.
[40 CFR 60.5370b(b)]
1.1.3. Super-Emitter Events
The provisions of this section will not apply between July 31, 2025, and
January 22, 2027. The provisions of this section will apply after January 22,
2027. This section applies to super-emitter events. For purposes of this
section, a super-emitter event is defined as any emissions event that is located
at or near an oil and natural gas facility (e.g., individual well site, centralized
production facility, natural gas processing plant, or compressor station) and
that is detected using remote detection methods and has quantified emission
rate of 100 kg/hr of methane or greater. §60.5371b(a) describes the
qualifications one must meet to apply to be a third-party notifier of superemitter events. §60.5371b(b) describes the procedures for certifying thirdparty notifiers, as well as the procedures for petitioning the Agency for
removal of a third-party notifier from the list of certified notifiers.
§60.5371b(c) contains the required information that must be included in any
notification submitted to the EPA from a certified third-party notifier and a
timetable for notifications. The EPA shall review these notifications and if the
EPA determines the notification is complete and does not contain information
that the EPA finds to be erroneous or inaccurate to a reasonable degree of
certainty, the EPA shall assign the notification a unique notification
identification number, provide the notification to the owner or operator of the
oil and natural gas facility identified in the notification, and post the
notification, except for the owner/operator attribution, at www.epa.gov/superemitter. Upon receiving such notification, owners or operators must take the
actions listed in §60.5371b(d) and (e). The EPA shall post the reports
submitted under §60.5371b(e), §60.5371(b) and §60.5371a(b) of subparts
OOOO and OOOOa of this part, and applicable State or Federal plan
implementing §60.5388c(b) of subpart OOOOc of this part, including
owner/operator attributions that have been confirmed by the reports; where the
reporting deadlines have passed but no reports have been received, the EPA
intends to post owner/operator attributions that the EPA reasonably believes to
be accurate. The reports will be publicly available at www.epa.gov/superemitter.
[40 CFR 60.5371b]
1.1.3.1.

Identification of super-emitter events. Within 5 calendar days of
receiving a notification from the EPA of a super-emitter event, the owner
or operator of an oil and natural gas facility (e.g., a well site, centralized
production facility, natural gas processing plant, or compressor station)
24

must initiate a super-emitter event investigation. The investigation must be
conducted in accordance with this paragraph §60.5371b(d) and completed
within 15 days of receiving the notification from the EPA. The owner or
operator must maintain records of its super-emitter event investigations
and report the findings from the investigation according to the
requirements in §60.5371b(e).
[40 CFR 60.5371b(d)]
1.1.3.1.1. If you do not own or operate an oil and natural gas facility
within 50 meters from the latitude and longitude provided in
the notification, report this result to the EPA under
§60.5371b(e). Your super-emitter event investigation is
deemed complete.
[40 CFR 60.5371b(d)(1)]
1.1.3.1.2. If you own or operate an oil and natural gas facility within 50
meters from the latitude and longitude provided in the
notification, you must investigate to determine the source of
super-emitter event. The investigation may include but is not
limited to the actions specified below in §60.5371b(d)(2)(i)
through (v).
[40 CFR 60.5371b(d)(2)]
1.1.3.1.2.1. Review any maintenance activities (e.g., liquids
unloading) or process activities from the affected
facilities subject to regulation under this subpart, starting
from the date of detection of the super-emitter event as
identified in the notification, until the date of
investigation, to determine if the activities indicate any
potential source(s) of the super-emitter event emissions.
[40 CFR 60.5371b(d)(2)(i)]
1.1.3.1.2.2. Review all monitoring data from control devices (e.g.,
flares) from the affected facilities subject to regulation
under this subpart from the initial date of detection of the
super-emitter event as identified in the notification until
the date of receiving the notification from the EPA.
Identify any malfunctions of control devices or periods
when the control devices were not in compliance with
applicable requirements and that indicate a potential
source of the super-emitter event emissions.
[40 CFR 60.5371b(d)(2)(ii)]
1.1.3.1.2.3. If you conducted a fugitive emissions survey or periodic
screening event in accordance with §60.5397b or
25

§60.5398b(b) between the initial date of detection of the
super-emitter event as identified in the notification and
the date the notification from the EPA was received,
review the results of the survey to identify any potential
source(s) of the super-emitter event emissions.
[40 CFR 60.5371b(d)(2)(iii)]
1.1.3.1.2.4. If you conduct continuous monitoring with advanced
methane detection technology in accordance with
§60.5398b(c), review the monitoring data collected on or
after the initial date of detection of the super-emitter
event as identified in the notification, until the date of
receiving the notification from the EPA.
[40 CFR 60.5371b(d)(2)(iv)]
1.1.3.1.2.5. Screen the entire oil and natural gas facility with OGI,
Method 21 of appendix A-7 to this part, or an alternative
test method(s) approved per §60.5398b(d), to determine if
a super-emitter event is present.
[40 CFR 60.5371b(d)(2)(v)]
1.1.3.1.3. If the source of the super-emitter event was found to be from
fugitive emission components at a well site, centralized
production facility, or compressor station subject to this
subpart, you must comply with the repair requirements under
§60.5397b and the associated recordkeeping and reporting
requirements under §60.5420b(b)(9) and (c)(14).
[40 CFR 60.5371b(d)(3)]
1.1.3.2.

Super-emitter event report. You must submit the results of the superemitter event investigation conducted under §60.5371b(d) to the EPA in
accordance with §60.5371b(e)(1). If the super-emitter event (i.e., emission
at 100 kg/hr of methane or more) is ongoing at the time of the initial
report, submit the additional information in accordance with
§60.5371b(e)(2). You must attest to the information included in the report
as specified in §60.5371b(e)(3).
[40 CFR 60.5371b(e)]
1.1.3.2.1. Within 15 days of receiving a notification from the EPA under
§60.5371b(c), you must submit a report of the super-emitter
event investigation conducted under §60.5371b(d) through the
Super-Emitter Program Portal. You must include the applicable
information in §60.5371b(e)(1)(i) through (viii) in the report. If
you have identified a demonstrable error in the notification, the
report may include a statement of the demonstrable error.
26

[40 CFR 60.5371b(e)(1)]
1.1.3.2.1.1. Notification Report ID of the super-emitter event
notification.
[40 CFR 60.5371b(e)(1)(i)]
1.1.3.2.1.2. Identification of whether you are the owner or operator of
an oil and natural gas facility within 50 meters from the
latitude and longitude provided in the EPA notification. If
you do not own or operate an oil and natural gas facility
within 50 meters from the latitude and longitude provided
in the EPA notification, you are not required to report the
information in §60.5371b(e)(1)(iii) through (viii).
[40 CFR 60.5371b(e)(1)(ii)]
1.1.3.2.1.3. General identification information for the facility,
including, facility name, the physical address, applicable
ID Number (e.g., EPA ID Number, API Well ID
Number), the owner or operator or responsible official
(where applicable) and their email address.
[40 CFR 60.5371b(e)(1)(iii)]
1.1.3.2.1.4. Identification of whether there is an affected facility or
associated equipment subject to regulation under this
subpart at this oil and natural gas facility.
[40 CFR 60.5371b(e)(1)(iv)]
1.1.3.2.1.5. Indication of whether you were able to identify the source
of the super-emitter event. If you indicate you were
unable to identify the source of the super-emitter event,
you must certify that all applicable investigations
specified in §60.5371b(d)(2)(i) through (v) have been
conducted for all affected facilities and associated
equipment subject to this subpart that are at this oil and
natural gas facility, and you have determined that the
affected facilities and associated equipment are not the
source of the super-emitter event. If you indicate that you
were not able to identify the source of the super-emitter
event, you are not required to report the information in
§60.5371b(e)(1)(vi) through (viii).
[40 CFR 60.5371b(e)(1)(v)]
1.1.3.2.1.6. The source(s) of the super-emitter event.
[40 CFR 60.5371b(e)(1)(vi)]
27

1.1.3.2.1.7. Identification of whether the source of the super-emitter
event is equipment subject to regulation under this
subpart. If the source of the super-emitter event is
equipment subject to regulation under this subpart,
identify the applicable regulation(s) under this subpart.
[40 CFR 60.5371b(e)(1)(vii)]
1.1.3.2.1.8. Indication of whether the super-emitter event is ongoing
at the time of the initial report submittal (i.e., emissions at
100 kg/hr of methane or more).
[40 CFR 60.5371b(e)(1)(viii)]
1.1.3.2.1.8.1. If the super-emitter event is not ongoing at the
time of the initial report submittal, provide the
actual (or if unknown) estimated date and time
the super-emitter event ended.
[40 CFR 60.5371b(e)(1)(viii)(A)]
1.1.3.2.1.8.2. If the super-emitter event is ongoing at the time
of the initial report submittal, provide a short
narrative of your plan to end the super-emitter
event, including the targeted end date for the
efforts to be completed and the super-emitter
event ended.
[40 CFR 60.5371b(e)(1)(viii)(B)]
1.1.3.2.2. If the super-emitter event is ongoing at the time of the initial
report submittal, within 5 business days of the date the superemitter event ends, you must update your initial report through
the Super-Emitter Program Portal to provide the end date and
time of the super-emitter event.
[40 CFR 60.5371b(e)(2)]
1.1.3.2.3. You must sign the following attestation when submitting data
into the Super-Emitter Program Portal: “I certify that the
information provided in this report regarding the specified
super-emitter event was prepared under my direction or
supervision. I further certify that the investigations were
conducted, and this report was prepared pursuant to the
requirements of §60.5371b(d) and (e). Based on my
professional knowledge and experience, and inquiry of
personnel involved in the assessment, the certification
submitted herein is true, accurate, and complete. I am aware
that knowingly false statements may be punishable by fine or
imprisonment.”
28

[40 CFR 60.5371b(e)(3)]
1.1.4. Standards for Fugitive Emissions Components Affected Facilities
1.1.4.1.

General requirements. You must monitor all fugitive emissions
components affected facilities in accordance with §60.5397b(b) through
(g). You must repair all sources of fugitive emissions in accordance with
§60.5397b(h). You must demonstrate initial compliance in accordance
with §60.5397b(i). You must keep records in accordance with
§60.5397b(j) and report in accordance with §60.5397b(k).
[40 CFR 60.5397b(a)]

1.1.4.2.

Develop fugitive emissions monitoring plan. You must develop a
fugitive emissions monitoring plan that covers all fugitive emissions
components affected facilities within each company-defined area in
accordance with §60.5397b(c) and (d).
[40 CFR 60.5397b(b)]

1.1.4.3.

Elements of fugitive emissions monitoring plan. Your fugitive
emissions monitoring plan must include the elements specified in
§60.5397b(c)(1) through (8), at a minimum.
[40 CFR 60.5397b(c)]
1.1.4.3.1. Frequency for conducting surveys. Surveys must be conducted
at least as frequently as required by §60.5397b(f) and (g).
[40 CFR 60.5397b(c)(1)]
1.1.4.3.2. Technique for determining fugitive emissions (i.e., AVO or
other detection methods, Method 21 of appendix A-7 to this
part, and/or OGI and meeting the requirements of
§60.5397b(c)(7)(i) through (vii)).
[40 CFR 60.5397b(c)(2)]
1.1.4.3.3. Manufacturer and model number of fugitive emissions
detection equipment to be used, if applicable.
[40 CFR 60.5397b(c)(3)]
1.1.4.3.4. Procedures and timeframes for identifying and repairing
fugitive emissions components from which fugitive emissions
are detected, including timeframes for fugitive emission
components that are unsafe to repair. Your repair schedule
must meet the requirements of §60.5397b(h) at a minimum.
[40 CFR 60.5397b(c)(4)]

29

1.1.4.3.5. Procedures and timeframes for verifying fugitive emission
component repairs.
[40 CFR 60.5397b(c)(5)]
1.1.4.3.6. Records that will be kept and the length of time records will be
kept.
[40 CFR 60.5397b(c)(6)]
1.1.4.3.7. If you are using OGI, your plan must also include the elements
specified in §60.5397b(c)(7)(i) through (vii).
[40 CFR 60.5397b(c)(7)]
1.1.4.3.7.1. Verification that your OGI equipment meets the
specifications of §60.5397b(c)(7)(i)(A) and (B). This
verification is an initial verification, and may either be
performed by the facility, by the manufacturer, or by a
third party. For the purposes of complying with the
fugitive emissions monitoring program with OGI,
fugitive emissions are defined as any visible emissions
observed using OGI.
[40 CFR 60.5397b(c)(7)(i)]
1.1.4.3.7.1.1. Your OGI equipment must be capable of
imaging gases in the spectral range for the
compound of highest concentration n the
potential fugitive emissions.
[40 CFR 60.5397b(c)(7)(i)(A)]
1.1.4.3.7.1.2. Your OGI equipment must be capable of
imaging a gas that is half methane, half propane
at a concentration of 10,000 ppm at a flow rate
of ≤60 g/hr from a quarter inch diameter orifice.
[40 CFR 60.5397b(c)(7)(i)(B)]
1.1.4.3.7.2. Procedure for a daily verification check.
[40 CFR 60.5397b(c)(7)(ii)]
1.1.4.3.7.3. Procedure for determining the operator’s maximum
viewing distance from the equipment and how the
operator will ensure that this distance is maintained.
[40 CFR 60.5397b(c)(7)(iii)]
1.1.4.3.7.4. Procedure for determining maximum wind speed during
which monitoring can be performed and how the operator
30

will ensure monitoring occurs only at wind speeds below
this threshold.
[40 CFR 60.5397b(c)(7)(iv)]
1.1.4.3.7.5. Procedures for conducting surveys, including the items
specified in §60.5397b(c)(7)(v)(A) through (C).
[40 CFR 60.5397b(c)(7)(v)]
1.1.4.3.7.5.1. How the operator will ensure an adequate
thermal background is present in order to view
potential fugitive emissions.
[40 CFR 60.5397b(c)(7)(v)(A)]
1.1.4.3.7.5.2. How the operator will deal with adverse
monitoring conditions, such as wind.
[40 CFR 60.5397b(c)(7)(v)(B)]
1.1.4.3.7.5.3. How the operator will deal with interferences
(e.g., steam).
[40 CFR 60.5397b(c)(7)(v)(C)]
1.1.4.3.7.6. Training and experience needed prior to performing
surveys.
[40 CFR 60.5397b(c)(7)(vi)]
1.1.4.3.7.7. Procedures for calibration and maintenance. At a
minimum, procedures must comply with those
recommended by the manufacturer.
[40 CFR 60.5397b(c)(7)(vii)]
1.1.4.3.8. If you are using Method 21 of appendix A-7 to this part, your
plan must also include the elements specified in
§60.5397b(c)(8)(i) through (iv). For the purposes of complying
with the fugitive emissions monitoring program using Method
21 of appendix A-7 to this part a fugitive emission is defined as
an instrument reading of 500 ppmv or greater.
[40 CFR 60.5397b(c)(8)]
1.1.4.3.8.1. Verification that your monitoring equipment meets
the requirements specified in Section 6.0 of Method 21
of appendix A-7 to this part. For purposes of instrument
capability, the fugitive emissions definition shall be 500
ppmv or greater methane using a FID-based instrument.
If you wish to use an analyzer other than an FID-based
instrument, you must develop a site-specific fugitive
31

emission definition that would be equivalent to 500 ppmv
methane using a FID-based instrument (e.g., 10.6 eV PID
with a specified isobutylene concentration as the fugitive
emission definition would provide equivalent response to
your compound of interest).
[40 CFR 60.5397b(c)(8)(i)]
1.1.4.3.8.2. Procedures for conducting surveys. At a minimum, the
procedures shall ensure that the surveys comply with the
relevant sections of Method 21 of appendix A-7 to this
part, including Section 8.3.1.
[40 CFR 60.5397b(c)(8)(ii)]
1.1.4.3.8.3. Procedures for calibration. The instrument must be
calibrated before use each day of its use by the
procedures specified in Method 21 of appendix A-7 to
this part. At a minimum, you must also conduct precision
tests at the interval specified in Method 21 of appendix
A-7 to this part, Section 8.1.2, and a calibration drift
assessment at the end of each monitoring day. The
calibration drift assessment must be conducted as
specified in §60.5397b(c)(8)(iii)(A). Corrective action for
drift assessments is specified in §60.5397b(c)(8)(iii)(B)
and (C).
[40 CFR 60.5397b(c)(8)(iii)]
1.1.4.3.8.3.1. Check the instrument using the same calibration
gas that was used to calibrate the instrument
before use. Follow the procedures specified in
Method 21 of appendix A-7 to this part, Section
10.1, except do not adjust the meter readout to
correspond to the calibration gas value. If
multiple scales are used, record the instrument
reading for each scale used. Divide the
arithmetic difference of the initial and post-test
calibration response by the corresponding
calibration gas value for each scale and multiply
by 100 to express the calibration drift as a
percentage.
[40 CFR 60.5397b(c)(8)(iii)(A)]
1.1.4.3.8.3.2. If a calibration drift assessment shows a
negative drift of more than 10 percent, then all
equipment with instrument readings between the
fugitive emission definition multiplied by (100
32

minus the percent of negative drift) divided by
100 and the fugitive emission definition that
was monitored since the last calibration must be
re-monitored.
[40 CFR 60.5397b(c)(8)(iii)(B)]
1.1.4.3.8.3.3. If any calibration drift assessment shows a
positive drift of more than 10 percent from the
initial calibration value, then, at the
owner/operator's discretion, all equipment with
instrument readings above the fugitive emission
definition and below the fugitive emission
definition multiplied by (100 plus the percent of
positive drift) divided by 100 monitored since
the last calibration may be re-monitored.
[40 CFR 60.5397b(c)(8)(iii)(C)]
1.1.4.3.8.4. Procedures for monitoring yard piping (other than
buried yard piping). At a minimum, place the probe
inlet at the surface of the yard piping and run the probe
down the length of the piping. Connection points on the
piping must be monitored following the procedures
specified in Method 21 of appendix A-7 to this part.
[40 CFR 60.5397b(c)(8)(iv)]
1.1.4.4.

Additional elements of fugitive emissions monitoring plan. Each
fugitive emissions monitoring plan must include the elements specified in
§60.5397b(d)(1) and (2), at a minimum, as applicable.
[40 CFR 60.5397b(d)]
1.1.4.4.1. If you are using OGI, your plan must include procedures to
ensure that all fugitive emissions components, except buried
yard piping and associated components (e.g., connectors), are
monitored during each survey. Example procedures include,
but are not limited to, a sitemap with an observation path, a
written narrative of where the fugitive emissions components
are located and how they will be monitored, or an inventory of
fugitive emissions components.
[40 CFR 60.5397b(d)(1)]
1.1.4.4.2. If you are using Method 21 of appendix A-7 to this part, your
plan must include a list of fugitive emissions components to be
monitored and method for determining the location of fugitive
emissions components to be monitored in the field (e.g.,
tagging, identification on a process and instrumentation
33

diagram, etc.). Your fugitive emissions monitoring plan must
include the written plan developed for all of the fugitive
emissions components designated as difficult-to-monitor in
accordance with §60.5397b(g)(2), and the written plan for
fugitive emissions components designated as unsafe-to-monitor
in accordance with §60.5397b(g)(3).
[40 CFR 60.5397b(d)(2)]
1.1.4.5.

Monitoring of fugitive emissions components. Each fugitive emissions
component, except buried yard piping and associated components (e.g.,
connectors), shall be observed or monitored for fugitive emissions during
each monitoring survey.
[40 CFR 60.5397b(e)]

1.1.4.6.

Initial monitoring survey. You must conduct initial monitoring surveys
according to the requirement specified in §60.5397b(f)(3).
[40 CFR 60.5397b(f)]
1.1.4.6.1. For a modified or reconstructed fugitive emissions components
affected facility, the initial monitoring survey must be
conducted within 90 days of the startup of production for each
fugitive emissions components affected facility after the
modification or reconstruction.
[40 CFR 60.5397b(f)(3)]

1.1.4.7.

Monitoring frequency. A monitoring survey of each fugitive emissions
components affected facility must be performed as specified in §60.5397
(g)(1), with the exceptions noted in §60.5397b(g)(2) and (3).
[40 CFR 60.5397b(g)]
1.1.4.7.1. A monitoring survey of the fugitive emissions components
affected facilities must be conducted using the methods and at
the frequencies specified in in §60.5397b(g)(1)(v).
[40 CFR 60.5397b(g)(1)]
1.1.4.7.1.1. A monitoring survey of the fugitive emissions
components affected facility located at a compressor
station must be conducted at the frequencies in
§60.5397b(g)(1)(v)(A) and (B).
[40 CFR 60.5397b(g)(1)(v)]
1.1.4.7.1.1.1. A monitoring survey must be conducted at least
monthly using AVO, or any other detection
method, after the initial survey. Any indications
of fugitive emissions using these methods are
34

considered fugitive emissions that must be
repaired in accordance with §60.5397b(h).
[40 CFR 60.5397b(g)(1)(v)(A)]
1.1.4.7.1.1.2. A monitoring survey must be conducted at least
quarterly using OGI or Method 21 of appendix
A-7 to this part after the initial survey.
Consecutive quarterly monitoring surveys must
be conducted at least 60 calendar days apart.
[40 CFR 60.5397b(g)(1)(v)(B)]
1.1.4.7.2. If you are using Method 21 of appendix A-7 to this part,
fugitive emissions components that cannot be monitored
without elevating the monitoring personnel more than 2 meters
above the surface may be designated as difficult-to-monitor.
Fugitive emissions components that are designated difficult-tomonitor must meet the specifications of §60.5397b(g)(2)(i)
through (iv).
[40 CFR 60.5397b(g)(2)]
1.1.4.7.2.1. A written plan must be developed for all the fugitive
emissions components designated difficult-to-monitor.
This written plan must be incorporated into the fugitive
emissions monitoring plan required by §60.5397b(b), (c),
and (d).
[40 CFR 60.5397b(g)(2)(i)]
1.1.4.7.2.2. The plan must include the identification and location of
each fugitive emissions component designated as
difficult-to-monitor.
[40 CFR 60.5397b(g)(2)(ii)]
1.1.4.7.2.3. The plan must include an explanation of why each
fugitive emissions component designated as difficult-tomonitor is difficult-to-monitor.
[40 CFR 60.5397b(g)(2)(iii)]
1.1.4.7.2.4. The plan must include a schedule for monitoring the
difficult-to-monitor fugitive emissions components at
least once per calendar year.
[40 CFR 60.5397b(g)(2)(iv)]
1.1.4.7.3. If you are using Method 21 of appendix A-7 to this part,
fugitive emissions components that cannot be monitored
because monitoring personnel would be exposed to immediate
35

danger while conducting a monitoring survey may be
designated as unsafe-to-monitor. Fugitive emissions
components that are designated unsafe-to-monitor must meet
the specifications of §60.5397b(g)(3)(i) through (iv).
[40 CFR 60.5397b(g)(3)]
1.1.4.7.3.1. A written plan must be developed for all the fugitive
emissions components designated unsafe-to-monitor.
This written plan must be incorporated into the fugitive
emissions monitoring plan required by §60.5397b(b), (c),
and (d).
[40 CFR 60.5397b(g)(3)(i)]
1.1.4.7.3.2. The plan must include the identification and location of
each fugitive emissions component designated as unsafeto-monitor.
[40 CFR 60.5397b(g)(3)(ii)]
1.1.4.7.3.3. The plan must include an explanation of why each
fugitive emissions component designated as unsafe-tomonitor is unsafe-to-monitor.
[40 CFR 60.5397b(g)(3)(iii)]
1.1.4.7.3.4. The plan must include a schedule for monitoring the
fugitive emissions components designated as unsafe-tomonitor.
[40 CFR 60.5397b(g)(3)(iv)]
1.1.4.8.

Repairs. Each identified source of fugitive emissions shall be repaired in
accordance with §60.5397b(h)(1) and (2).
[40 CFR 60.5397b(h)]
1.1.4.8.1. A first attempt at repair shall be made in accordance with
§60.5397b(h)(1)(i) and (ii).
[40 CFR 60.5397b(h)(1)]
1.1.4.8.1.1. A first attempt at repair shall be made no later than 15
calendar days after detection of fugitive emissions that
were identified using AVO.
[40 CFR 60.5397b(h)(1)(i)]
1.1.4.8.1.2. If you are using OGI or Method 21 of appendix A-7 to
this part, a first attempt at repair shall be made no later
than 30 calendar days after detection of the fugitive
emissions.
36

[40 CFR 60.5397b(h)(1)(ii)]
1.1.4.8.2. Repair shall be completed as soon as practicable, but no later
than 15 calendar days after the first attempt at repair as
required in §60.5397b(h)(1)(i), and 30 calendar days after the
first attempt at repair as required in §60.5397b(h)(1)(ii).
[40 CFR 60.5397b(h)(2)]
1.1.4.8.3. Delay of repair will be allowed if the conditions in
§60.5397b(h)(3)(i) or (ii) are met.
[40 CFR 60.5397b(h)(3)]
1.1.4.8.3.1. If the repair is technically infeasible, would require a vent
blowdown, a compressor station shutdown, a well
shutdown or well shut-in, or would be unsafe to repair
during operation of the unit, the repair must be completed
during the next scheduled compressor station shutdown
for maintenance, scheduled well shutdown, scheduled
well shut-in, after a scheduled vent blowdown, or within
2 years of detecting the fugitive emissions, whichever is
earliest. A vent blowdown is the opening of one or more
blowdown valves to depressurize major production and
processing equipment, other than a storage vessel.
[40 CFR 60.5397b(h)(3)(i)]
1.1.4.8.3.2. If the repair requires replacement of a fugitive emissions
component or a part thereof, but the replacement cannot
be acquired and installed within the repair timelines
specified in §60.5397b(h)(1) and (2) due to either of the
conditions specified in §60.5397b(h)(3)(ii)(A) or (B), the
repair must be completed in accordance with
§60.5397b(h)(3)(ii)(C) and documented in accordance
with §60.5420b(c)(14)(v)(I).
[40 CFR 60.5397b(h)(3)(ii)]
1.1.4.8.3.2.1. Valve assembly supplies had been sufficiently
stocked but are depleted at the time of the
required repair.
[40 CFR 60.5397b(h)(3)(ii)(A)]
1.1.4.8.3.2.2. A replacement fugitive emissions component or
a part thereof requires custom fabrication.
[40 CFR 60.5397b(h)(3)(ii)(B)]

37

1.1.4.8.3.2.3. The required replacement must be ordered no
later than 10 calendar days after the first attempt
at repair. The repair must be completed as soon
as practicable, but no later than 30 calendar days
after receipt of the replacement component,
unless the repair requires a compressor station
or well shutdown. If the repair requires a
compressor station or well shutdown, the repair
must be completed in accordance with the
timeframe specified in §60.5397b(h)(3)(i).
[40 CFR 60.5397b(h)(3)(ii)(C)]
1.1.4.8.4. Each identified source of fugitive emissions must be
resurveyed to complete repair according to the requirements of
§60.5397b(h)(4)(i) through (v), to ensure that there are no
fugitive emissions.
[40 CFR 60.5397b(h)(4)]
1.1.4.8.4.1. The operator may resurvey the fugitive emissions
components to verify repair using either Method 21 of
appendix A-7 to this part or OGI, except as specified in
§60.5397b(h)(4)(v).
[40 CFR 60.5397b(h)(4)(i)]
1.1.4.8.4.2. For each repair that cannot be made during the
monitoring survey when the fugitive emissions are
initially found, a digital photograph must be taken of that
component, or the component must be tagged during the
monitoring survey when the fugitive emissions were
initially found for identification purposes and subsequent
repair. The digital photograph must include the date that
the photograph was taken and must clearly identify the
component by location within the site (e.g., the latitude
and longitude of the component or by other descriptive
landmarks visible in the picture).
[40 CFR 60.5397b(h)(4)(ii)]
1.1.4.8.4.3. Operators that use Method 21 of appendix A-7 to this part
to resurvey the repaired fugitive emissions components
are subject to the resurvey provisions specified in
§60.5397b(h)(4)(iii)(A) and (B).
[40 CFR 60.5397b(h)(4)(iii)]
1.1.4.8.4.3.1. A fugitive emissions component is repaired
when the Method 21 instrument indicates a
38

concentration of less than 500 ppmv above
background or when no soap bubbles are
observed when the alternative screening
procedures specified in section 8.3.3 of Method
21 of appendix A-7 to this part are used.
[40 CFR 60.5397b(h)(4)(iii)(A)]
1.1.4.8.4.3.2. Operators must use the Method 21 monitoring
requirements specified in §60.5397b(c)(8)(ii) or
the alternative screening procedures specified in
section 8.3.3 of Method 21 of appendix A-7 to
this part.
[40 CFR 60.5397b(h)(4)(iii)(B)]
1.1.4.8.4.4. Operators that use OGI to resurvey the repaired fugitive
emissions components are subject to the resurvey
provisions specified in §60.5397b(h)(4)(iv)(A) and (B).
[40 CFR 60.5397b(h)(4)(iv)]
1.1.4.8.4.4.1. A fugitive emissions component is repaired
when the OGI instrument shows no indication
of visible emissions.
[40 CFR 60.5397b(h)(4)(iv)(A)]
1.1.4.8.4.4.2. Operators must use the OGI monitoring
requirements specified in §60.5397b(c)(7).
[40 CFR 60.5397b(h)(4)(iv)(B)]
1.1.4.8.4.5. For fugitive emissions identified using AVO detection
methods, the operator may resurvey using those same
methods, Method 21 of appendix A-7 to this part, or OGI.
For operators that use AVO detection methods, a fugitive
emissions component is repaired when there are no
indications of fugitive emissions using these methods.
[40 CFR 60.5397b(h)(4)(v)]
1.1.5. Initial Compliance with the Standards for the Collection of Fugitive
Emissions Components at a Compressor Station.
You must determine initial compliance with the standards for each affected
facility using the requirements of §60.5410b(k). Except as otherwise provided in
this section, the initial compliance period begins on the date specified in
§60.5370b and ends no later than 1 year after that date. The initial compliance
period may be less than 1 full year.
39

1.1.5.1.

Fugitive emission components affected facility. To achieve initial
compliance with the GHG and VOC standards for fugitive emissions
components affected facilities as required by §60.5397b, you must comply
with §60.5410b(k)(1) through (5).
[40 CFR 60.5410b(k)]
1.1.5.1.1. You must develop a fugitive emissions monitoring plan as
required in §60.5397b(b), (c), and (d).
[40 CFR 60.5410b(k)(1)]
1.1.5.1.2. You must conduct an initial monitoring survey as required in
§60.5397b(e) and (f).
[40 CFR 60.5410b(k)(2)]
1.1.5.1.3. You must repair each identified source of fugitive emissions
for each affected facility as required in §60.5397b(h).
[40 CFR 60.5410b(k)(3)]
1.1.5.1.4. You must repair each identified source of fugitive emissions
for each affected facility as required in §60.5397b(h).
[40 CFR 60.5410b(k)(4)]
1.1.5.1.5. You must maintain the records specified in §60.5420b(c)(14).
[40 CFR 60.5410b(k)(5)]

1.1.6. Continuous Compliance with the Standards for the Collection of Fugitive
Emissions Components at a Compressor Station.
1.1.6.1.

Continuous compliance. For each fugitive emissions components
affected facility, you must demonstrate continuous compliance with the
requirements of §60.5397b(a) according to §60.5415b(l)(1) through (4).
[40 CFR 60.5415b(l)]
1.1.6.1.1. Monitoring. You must conduct periodic monitoring surveys as
required in §60.5397b(e) and (g).
[40 CFR 60.5415b(l)(1)]
1.1.6.1.2. Repairs. You must repair each identified source of fugitive
emissions as required in §60.5397b(h).
[40 CFR 60.5415b(l)(2)]
1.1.6.1.3. Reports. You must submit annual reports for fugitive
emissions components affected facilities as required in
§60.5420b(b)(1) and (9).
[40 CFR 60.5415b(l)(3)]
40

1.1.6.1.4. Records. You must maintain records as specified in
§60.5420b(c)(14).
[40 CFR 60.5415b(l)(4)]
1.1.7. Notification, Reporting, and Recordkeeping Requirements.
1.1.7.1.

Notifications. You must submit notifications according to
§60.5420b(a)(1) if you own or operate one or more of the affected
facilities specified in §60.5365b that was constructed, modified, or
reconstructed during the reporting period.
[40 CFR 60.5420b(a)]
1.1.7.1.1. If you own or operate a collection of fugitive emissions
components at a compressor station affected facility, you are
not required to submit the notifications required in
§§60.7(a)(1), (3), and (4) and 60.15(d).
[40 CFR 60.5420b(a)(1)]

1.1.7.2.

Reporting requirements. You must submit annual reports containing the
information specified in §60.5420b(b)(1), (9), and (14) following the
procedure specified in §60.5420b(b)(15). The initial annual report is due
no later than 90 days after the end of the initial compliance period as
determined according to §60.5410b. Subsequent annual reports are due no
later than the same date each year as the initial annual report. If you own
or operate more than one affected facility, you may submit one report for
multiple affected facilities provided the report contains all of the
information required as specified in §60.5420b(b)(1), (9), and (14).
Annual reports may coincide with title V reports as long as all the required
elements of the annual report are included. You may arrange with the
Administrator a common schedule on which reports required by this part
may be submitted as long as the schedule does not extend the reporting
period.
[40 CFR 60.5420b(b)]
1.1.7.2.1. The general information specified in §60.5420b(b)(1)(i)
through (iv) is required for all reports.
[40 CFR 60.5420b(b)(1)]
1.1.7.2.1.1. The company name, facility site name associated with the
affected facility, and address of the affected facility. If an
address is not available for the site, include a description
of the site location and provide the latitude and longitude
coordinates of the site in decimal degrees to an accuracy
41

and precision of five (5) decimals of a degree using the
North American Datum of 1983.
[40 CFR 60.5420b(b)(1)(i)]
1.1.7.2.1.2. An identification of each affected facility being included
in the annual report.
[40 CFR 60.5420b(b)(1)(ii)]
1.1.7.2.1.3. Beginning and ending dates of the reporting period.
[40 CFR 60.5420b(b)(1)(iii)]
1.1.7.2.1.4. A certification by a certifying 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. If your report is
submitted via CEDRI, the certifier's electronic signature
during the submission process replaces the requirement in
this paragraph.
[40 CFR 60.5420b(b)(1)(iv)]
1.1.7.2.2. For the fugitive emissions components affected facility, report
the information specified in §60.5420b(b)(9)(i) and (ii), as
applicable.
[40 CFR 60.5420b(b)(9)]
1.1.7.2.2.1.1. Designation of the type of site (i.e., well site,
centralized production facility, or compressor
station) at which the fugitive emissions
components affected facility is located.
[40 CFR 60.5420b(b)(9)(i)(A)]
1.1.7.2.2.1.2. For the fugitive emissions components affected
facility at a compressor station that became an
affected facility during the reporting period, you
must include the date of startup or the date of
modification.
[40 CFR 60.5420b(b)(9)(i)(B)]
1.1.7.2.2.2. For each fugitive emissions monitoring survey performed
during the annual reporting period, the information
specified in §60.5420b(b)(9)(ii)(A) through (G).
[40 CFR 60.5420b(b)(9)(ii)]
1.1.7.2.2.2.1. Date of the survey.
42

[40 CFR 60.5420b(b)(9)(ii)(A)]
1.1.7.2.2.2.2. Monitoring instrument or, if the survey was
conducted by AVO methods, notation that AVO
was used.
[40 CFR 60.5420b(b)(9)(ii)(B)]
1.1.7.2.2.2.3. Any deviations from the monitoring plan
elements under §60.5397b(c)(1), (2), and (7),
(c)(8)(i), or (d) or a statement that there were no
deviations from these elements of the
monitoring plan.
[40 CFR 60.5420b(b)(9)(ii)(C)]
1.1.7.2.2.2.4. Number and type of components for which
fugitive emissions were detected.
[40 CFR 60.5420b(b)(9)(ii)(D)]
1.1.7.2.2.2.5. Number and type of fugitive emissions
components that were not repaired as required
in §60.5397b(h).
[40 CFR 60.5420b(b)(9)(ii)(E)]
1.1.7.2.2.2.6. Number and type of fugitive emission
components (including designation as difficultto-monitor or unsafe-to-monitor, if applicable)
on delay of repair and explanation for each
delay of repair.
[40 CFR 60.5420b(b)(9)(ii)(F)]
1.1.7.2.2.2.7. Date of planned shutdown(s) that occurred
during the reporting period if there are any
components that have been placed on delay of
repair.
[40 CFR 60.5420b(b)(9)(ii)(G)]
1.1.7.2.3. If you had a super-emitter event during the reporting period,
the start date of the super-emitter event, the duration of the
super-emitter event in hours, and the affected facility
associated with the super-emitter event, if applicable.
[40 CFR 60.5420b(b)(14)]
1.1.7.2.4. You must submit your annual report using the appropriate
electronic report template on the Compliance and Emissions
Data Reporting Interface (CEDRI) website for this subpart and
43

following the procedure specified in §60.5420b(d). If the
reporting form specific to this subpart is not available on the
CEDRI website at the time that the report is due, you must
submit the report to the Administrator at the appropriate
address listed in §60.4. Once the form has been available on
the CEDRI website for at least 90 calendar days, you must
begin submitting all subsequent reports via CEDRI. The date
reporting forms 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 60.5420b(b)(15)]
1.1.7.3.

Recordkeeping requirements. You must maintain the records identified
as specified in §60.7(f) and in §60.5420b(c)(14). All records required by
this subpart must be maintained either onsite or at the nearest local field
office for at least 5 years. Any records required to be maintained by this
subpart that are submitted electronically via the EPA's CEDRI may be
maintained in electronic format. This ability to maintain electronic copies
does not affect the requirement for facilities to make records, data, and
reports available upon request to a delegated air agency or the EPA as part
of an on-site compliance evaluation.
[40 CFR 60.5420b(c)]
1.1.7.3.1. For the fugitive emissions components affected facility,
maintain the records identified in §60.5420b(c)(14)(i), (iv), and
(v).
[40 CFR 60.5420b(c)(14)]
1.1.7.3.1.1. The date of startup or the date of modification for the
fugitive emissions components affected facility at a
compressor station.
[40 CFR 60.5420b(c)(14)(i)]
1.1.7.3.1.2. The fugitive emissions monitoring plan as required in
§60.5397b(b), (c), and (d).
[40 CFR 60.5420b(c)(14)(iv)]
1.1.7.3.1.3. The records of each monitoring survey as specified in
§60.5420b(c)(14)(v)(A) through (I).
[40 CFR 60.5420b(c)(14)(v)]
1.1.7.3.1.3.1. Date of the survey.
44

[40 CFR 60.5420b(c)(14)(v)(A)]
1.1.7.3.1.3.2. Beginning and end time of the survey.
[40 CFR 60.5420b(c)(14)(v)(B)]
1.1.7.3.1.3.3. Name of operator(s), training, and experience of
the operator(s) performing the survey.
[40 CFR 60.5420b(c)(14)(v)(C)]
1.1.7.3.1.3.4. Monitoring instrument or method used.
[40 CFR 60.5420b(c)(14)(v)(D)]
1.1.7.3.1.3.5. Fugitive emissions component identification
when Method 21 of appendix A-7 to this part is
used to perform the monitoring survey.
[40 CFR 60.5420b(c)(14)(v)(E)]
1.1.7.3.1.3.6. Ambient temperature, sky conditions, and
maximum wind speed at the time of the survey.
For compressor stations, operating mode of each
compressor (i.e., operating, standby pressurized,
and not operating-depressurized modes) at the
station at the time of the survey.
[40 CFR 60.5420b(c)(14)(v)(F)]
1.1.7.3.1.3.7. Any deviations from the monitoring plan or a
statement that there were no deviations from the
monitoring plan.
[40 CFR 60.5420b(c)(14)(v)(G)]
1.1.7.3.1.3.8. Records of calibrations for the instrument used
during the monitoring survey.
[40 CFR 60.5420b(c)(14)(v)(H)]
1.1.7.3.1.3.9. Documentation of each fugitive emission
detected during the monitoring survey,
including the information specified in
§60.5420b(c)(14)(v)(I)(1) through (9).
[40 CFR 60.5420b(c)(14)(v)(I)]
1.1.7.3.1.3.9.1. Location of each fugitive emission
identified.
[40 CFR 60.5420b(c)(14)(v)(I)(1)]

45

1.1.7.3.1.3.9.2. Type of fugitive emissions component,
including designation as difficult-tomonitor or unsafe-to-monitor, if
applicable.
[40 CFR 60.5420b(c)(14)(v)(I)(2)]
1.1.7.3.1.3.9.3. If Method 21 of appendix A-7 to this part
is used for detection, record the
component ID and instrument reading.
[40 CFR 60.5420b(c)(14)(v)(I)(3)]
1.1.7.3.1.3.9.4. For each repair that cannot be made during
the monitoring survey when the fugitive
emissions are initially found, a digital
photograph or video must be taken of that
component or the component must be
tagged for identification purposes. The
digital photograph must include the date
that the photograph was taken and must
clearly identify the component by location
within the site (e.g., the latitude and
longitude of the component or by other
descriptive landmarks visible in the
picture). The digital photograph or
identification (e.g., tag) may be removed
after the repair is completed, including
verification of repair with the resurvey.
[40 CFR 60.5420b(c)(14)(v)(I)(4)]
1.1.7.3.1.3.9.5. The date of first attempt at repair of the
fugitive emissions component(s).
[40 CFR 60.5420b(c)(14)(v)(I)(5)]
1.1.7.3.1.3.9.6. The date of successful repair of the
fugitive emissions component, including
the resurvey to verify repair and
instrument used for the resurvey.
[40 CFR 60.5420b(c)(14)(v)(I)(6)]
1.1.7.3.1.3.9.7. Identification of each fugitive emission
component placed on delay of repair and
explanation for each delay of repair.
[40 CFR 60.5420b(c)(14)(v)(I)(7)]

46

1.1.7.3.1.3.9.8. For each fugitive emission component
placed on delay of repair for reason of
replacement component unavailability, the
operator must document: the date the
component was added to the delay of
repair list, the date the replacement
fugitive component or part thereof was
ordered, the anticipated component
delivery date (including any estimated
shipment or delivery date provided by the
vendor), and the actual arrival date of the
component.
[40 CFR 60.5420b(c)(14)(v)(I)(8)]
1.1.7.3.1.3.9.9. Date of planned shutdowns that occur
while there are any components that have
been placed on delay of repair.
[40 CFR 60.5420b(c)(14)(v)(I)(9)]
1.1.7.4.

Electronic reporting. If you are required to submit notifications or
reports following the procedure specified in this paragraph, you must
submit notifications or reports to the EPA via CEDRI, which can be
accessed through the EPA's Central Data Exchange (CDX)
(https://cdx.epa.gov/). The EPA will make all the information submitted
through CEDRI available to the public without further notice to you. Do
not use CEDRI to submit information you claim as CBI. Although we do
not expect persons to assert a claim of CBI, if you wish to assert a CBI
claim for some of the information in the report or notification, you must
submit a complete file in the format specified in this subpart, including
information claimed to be CBI, to the EPA following the procedures in
§60.5420b(d). Clearly mark the part or all of the information that you
claim to be CBI. Information not marked as CBI may be authorized for
public release without prior notice. Information marked as CBI will not be
disclosed except in accordance with procedures set forth in 40 CFR part 2.
All CBI claims must be asserted at the time of submission. Anything
submitted using CEDRI cannot later be claimed CBI. Furthermore, under
CAA section 114(c), emissions data is not entitled to confidential
treatment, and the EPA is required to make emissions data available to the
public. Thus, emissions data will not be protected as CBI and will be made
publicly available. You must submit the same file submitted to the CBI
office with the CBI omitted to the EPA via the EPA's CDX as described
earlier in this paragraph.
[40 CFR 60.5420b(d)]

47

1.1.7.5.

Claims of EPA system outage. If you are required to electronically
submit a notification or report through CEDRI in the EPA's CDX, you
may assert a claim of EPA system outage for failure to timely comply with
that requirement. To assert a claim of EPA system outage, you must meet
the requirements outlined in paragraphs §60.5420b(e)(1) through (7).
[40 CFR 60.5420b(e)]
1.1.7.5.1. You must have been or will be precluded from accessing
CEDRI and submitting a required report within the time
prescribed due to an outage of either the EPA’s CEDRI or
CDX systems.
[40 CFR 60.5420b(e)(1)]
1.1.7.5.2. The outage must have occurred within the period of time
beginning five business days prior to the date that the
submission is due.
[40 CFR 60.5420b(e)(2)]
1.1.7.5.3. The outage may be planned or unplanned.
[40 CFR 60.5420b(e)(3)]
1.1.7.5.4. You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through
due diligence should have known, that the event may cause or
has caused a delay in reporting.
[40 CFR 60.5420b(e)(4)]
1.1.7.5.5. You must provide to the Administrator a written description
identifying:
[40 CFR 60.5420b(e)(5)]
1.1.7.5.5.1. The date(s) and time(s) when CDX or CEDRI was
accessed and the system was unavailable;
[40 CFR 60.5420b(e)(5)(i)]
1.1.7.5.5.2. A rationale for attributing the delay in reporting beyond
the regulatory deadline to EPA system outage;
[40 CFR 60.5420b(e)(5)(ii)]
1.1.7.5.5.3. A description of measures taken or to be taken to
minimize the delay in reporting; and
[40 CFR 60.5420b(e)(5)(iii)]

48

1.1.7.5.5.4. The date by which you propose to report, or if you have
already met the reporting requirement at the time of the
notification, the date you reported.
[40 CFR 60.5420b(e)(5)(iv)]
1.1.7.5.6. The decision to accept the claim of EPA system outage and
allow an extension to the reporting deadline is solely within the
discretion of the Administrator.
[40 CFR 60.5420b(e)(6)]
1.1.7.5.7. In any circumstance, the report must be submitted
electronically as soon as possible after the outage is resolved.
[40 CFR 60.5420b(e)(7)]
1.1.7.6.

Claims of force majeure. If you are required to electronically submit a
report or notification through CEDRI in the EPA's CDX, you may assert a
claim of force majeure for failure to timely comply with that requirement.
To assert a claim of force majeure, you must meet the requirements
outlined in paragraphs §60.5420b(f)(1) through (5).
[40 CFR 60.5420b(f)]
1.1.7.6.1. You may submit a claim if a force majeure event is about to
occur, occurs, or has occurred or there are lingering effects
from such an event within the period of time beginning five
business days prior to the date the submission is due. For the
purposes of this section, a force majeure event is defined as an
event that will be or has been caused by circumstances beyond
the control of the affected facility, its contractors, or any entity
controlled by the affected facility that prevents you from
complying with the requirement to submit a report
electronically within the time period prescribed. Examples of
such events are acts of nature (e.g., hurricanes, earthquakes, or
floods), acts of war or terrorism, or equipment failure or safety
hazard beyond the control of the affected facility (e.g., large
scale power outage).
[40 CFR 60.5420b(f)(1)]
1.1.7.6.2. You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through
due diligence should have known, that the event may cause or
has caused a delay in reporting.
[40 CFR 60.5420b(f)(2)]
1.1.7.6.3. You must provide to the Administrator:
[40 CFR 60.5420b(f)(3)]
49

1.1.7.6.3.1. A written description of the force majeure event;
[40 CFR 60.5420b(f)(3)(i)]
1.1.7.6.3.2. A rationale for attributing the delay in reporting beyond
the regulatory deadline to the force majeure event;
[40 CFR 60.5420b(f)(3)(ii)]
1.1.7.6.3.3. A description of measures taken or to be taken to
minimize the delay in reporting; and
[40 CFR 60.5420b(f)(3)(iii)]
1.1.7.6.3.4. The date by which you propose to report, or if you have
already met the reporting requirement at the time of the
notification, the date you reported.
[40 CFR 60.5420b(f)(3)(iv)]
1.1.7.6.3.5. The decision to accept the claim of force majeure and
allow an extension to the reporting deadline is solely
within the discretion of the Administrator.
[40 CFR 60.5420b(f)(4)]
1.1.7.6.3.6. In any circumstance, the reporting must occur as soon as
possible after the force majeure event occurs.
[40 CFR 60.5420b(f)(5)]
1.1.7.7.

General Provisions
Table 5 to this subpart shows which parts of the General Provisions in
§§60.1 through 60.19 apply to you.
[40 CFR 60.5425b]

Table 5 to Subpart OOOOb of Part 60 - Applicability of General Provisions to Subpart OOOOb
General
Applies to
provisions Subject of citation
Explanation
subpart?
citation
General applicability
§60.1
of the General
Yes
Provisions
§60.2
Definitions
Yes
Additional terms defined in §60.5430b.
Units and
§60.3
Yes
abbreviations
§60.4
Address
Yes
Determination of
§60.5
construction or
Yes
modification
§60.6
Review of plans
Yes

50

§60.7

§60.8

§60.9
§60.10
§60.11
§60.12
§60.13

Notification and
record keeping

Performance tests

Availability of
information
State authority
Compliance with
standards and
maintenance
requirements
Circumvention
Monitoring
requirements

Yes

Except that §60.7 only applies as specified in §§60.5417b(c) and
60.5420b(a).

Yes

Except that the format and submittal of performance test reports is
described in §60.5420b(b) and (d). Performance testing is required
for control devices used on storage vessels, centrifugal compressors,
and pneumatic pumps, except that performance testing is not
required for a control device used solely on pneumatic pump(s).

Yes
Yes
No
Yes

§60.14

Modification

Yes

§60.15

Reconstruction

Yes

§60.16

Priority list
Incorporations by
reference
General control
device and work
practice requirements
General notification
and reporting
requirement

Yes

§60.17
§60.18

§60.19

Requirements are specified in subpart OOOOb.

To the extent any provision in §60.14 conflicts with specific
provisions in subpart OOOOb, it is superseded by subpart OOOOb
provisions.
Except that §60.15(d) does not apply to wells (i.e., well
completions, well liquids unloading, associated gas wells), process
controllers, pumps, centrifugal compressors, reciprocating
compressors, storage vessels, or fugitive emissions components
affected facilities.

Yes
Yes

Yes

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, RAC 4-103]
[If applying the use of ProMax® (ProMax), Red Cedar should continue to adhere to the Subpart HH
language as written in their current permits with the exception that ProMax Version 5.0 or higher may
be used in place of GRI-GLYCalc for the specific provisions identified in the EPA approval memo. 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.]

51

This facility is subject to the requirements of 40 CFR Part 63, Subpart HH for large
dehydrator(s) located at an area 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 HH.
2.1.1. General Standards
2.1.1.1.

Table 2 of this subpart specifies the provisions of subpart A (General
Provisions) of this part that apply and those that do not apply to owners
and operators of affected sources subject to this subpart.
[40 CFR 63.764(a)]

Table 2 to Subpart HH of Part 63 – Applicability of 40 CFR Part 63 General Provisions to Subpart HH
General provisions
Applicable to
reference
subpart HH
§63.1(a)(1)
Yes.
§63.1(a)(2)
Yes.
§63.1(a)(3)
Yes.
§63.1(a)(4)
Yes.
§63.1(a)(5)
No
§63.1(a)(6)
Yes.
§63.1(a)(7) through (a)(9)
No
§63.1(a)(10)
Yes.
§63.1(a)(11)
Yes.
§63.1(a)(12)
Yes.
§63.1(b)(1)
No
§63.1(b)(2)
No
§63.1(b)(3)
Yes.
§63.1(c)(1)
No
§63.1(c)(2)

Yes

§63.1(c)(3) and (c)(4)
§63.1(c)(5)
§63.1(d)
§63.1(e)

No
Yes.
No
Yes.

§63.2

Yes

§63.3(a) through (c)
§63.4(a)(1) through (a)(2)
§63.4(a)(3) through (a)(5)
§63.4(b)
§63.4(c)
§63.5(a)(1)
§63.5(a)(2)
§63.5(b)(1)

Yes.
Yes.
No
Yes.
Yes.
Yes.
Yes.
Yes.

Explanation

Section reserved.
Section reserved.

Subpart HH specifies applicability.
Section reserved.
Subpart HH specifies applicability.
Subpart HH exempts area sources from the requirement to obtain a Title
V permit unless otherwise required by law as specified in §63.760(h).
Section reserved.
Section reserved.
Except definition of major source is unique for this source category and
there are additional definitions in subpart HH.

Section reserved.

52

§63.5(b)(2)
§63.5(b)(3)
§63.5(b)(4)
§63.5(b)(5)
§63.5(b)(6)
§63.5(c)
§63.5(d)(1)
§63.5(d)(2)
§63.5(d)(3)
§63.5(d)(4)
§63.5(e)
§63.5(f)(1)
§63.5(f)(2)
§63.6(a)
§63.6(b)(1)
§63.6(b)(2)
§63.6(b)(3)
§63.6(b)(4)
§63.6(b)(5)
§63.6(b)(6)
§63.6(b)(7)
§63.6(c)(1)
§63.6(c)(2)
§63.6(c)(3) through (c)(4)
§63.6(c)(5)
§63.6(d)
§63.6(e)(1)(i)
§63.6(e)(1)(ii)
§63.6(e)(1)(iii)
§63.6(e)(2)
§63.6(e)(3)
§63.6(f)(1)
§63.6(f)(2)
§63.6(f)(3)
§63.6(g)
§63.6(h)(1)
§63.6(h)(2) through (h)(9)
§63.6(i)(1) through (i)(14)
§63.6(i)(15)
§63.6(i)(16)
§63.6(j)
§63.7(a)(1)

No
Yes.
Yes.
No
Yes.
No
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
No
Yes.
Yes.
Yes.
No
Yes.
No
No
No.
Yes.
No
No.
No.
Yes.
Yes.
Yes.
No.
Yes.
Yes.
No
Yes.
Yes.
Yes.

§63.7(a)(2)

Yes

§63.7(a)(3)
§63.7(a)(4)

Yes.
Yes.

Section reserved.

Section Reserved.
Section reserved.

Section reserved.

Section reserved.
Section reserved.
See §63.764(j) for general duty requirement.

Section reserved.

Section reserved.

But the performance test results must be submitted within 180 days after
the compliance date.

53

§63.7(c)
§63.7(d)
§63.7(e)(1)
§63.7(e)(2)
§63.7(e)(3)
§63.7(e)(4)
§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)
§63.8(b)(3)
§63.8(c)(1)
§63.8(c)(1)(i)
§63.8(c)(1)(ii)
§63.8(c)(1)(iii)
§63.8(c)(2)
§63.8(c)(3)
§63.8(c)(4)
§63.8(c)(4)(i)
§63.8(c)(4)(ii)
§63.8(c)(5) through (c)(8)
§63.8(d)(1)
§63.8(d)(2)

Yes.
Yes.
No.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
No
Yes.
Yes.
Yes.
Yes.
No.
No.
Yes.
No.
Yes.
Yes.
Yes.
No
Yes.
Yes.
Yes.
Yes.

§63.8(d)(3)

Yes

§63.8(e)

Yes

§63.8(f)(1) through (f)(5)
§63.8(f)(6)

Yes.
Yes.

§63.8(g)

No

§63.9(a)
§63.9(b)(1)

Yes.
Yes.

§63.9(b)(2)

Yes

§63.9(b)(3)
§63.9(b)(4)
§63.9(b)(5)
§63.9(c)
§63.9(d)

No
Yes.
Yes.
Yes.
Yes.

Section reserved.

Subpart HH does not require continuous opacity monitors.

Except for last sentence, which refers to an SSM plan. SSM plans are
not required.
Subpart HH does not specifically require continuous emissions monitor
performance evaluation, however, the Administrator can request that
one be conducted.

Subpart HH specifies continuous monitoring system data reduction
requirements.

Existing sources are given 1 year (rather than 120 days) to submit this
notification. Major and area sources that meet §63.764(e) do not have to
submit initial notifications.
Section reserved.

54

§63.9(e)
§63.9(f)
§63.9(g)

Yes.
Yes.
Yes.

§63.9(h)(1) through (h)(3)

Yes

§63.9(h)(4)
§63.9(h)(5) through (h)(6)
§63.9(i)
§63.9(j)
§63.10(a)

No
Yes.
Yes.
Yes.
Yes.

§63.10(b)(1)

Yes

§63.10(b)(2)
§63.10(b)(2)(i)

Yes.
No.

§63.10(b)(2)(ii)

No

§63.10(b)(2)(iii)
§63.10(b)(2)(iv) through
(b)(2)(v)
§63.10(b)(2)(vi) through
(b)(2)(xiv)

Yes.

§63.10(b)(3)

Yes

§63.10(c)(1)
§63.10(c)(2) through (c)(4)
§63.10(c)(5) through (c)(8)
§63.10(c)(9)
§63.10(c)(10) through (11)
§63.10(c)(12) through (14)
§63.10(c)(15)
§63.10(d)(1)

Yes.
No
Yes.
No
No
Yes.
No.
Yes.

Section reserved.
See §63.774(g) for recordkeeping of malfunctions.

§63.10(d)(2)

Yes

Area sources located outside UA plus offset and UC boundaries do not
have to submit performance test reports.

§63.10(d)(3)
§63.10(d)(4)
§63.10(d)(5)

Yes.
Yes.
No

§63.10(e)(1)

Yes

§63.10(e)(2)

Yes

§63.10(e)(3)(i)

Yes

§63.10(e)(3)(i)(A)
§63.10(e)(3)(i)(B)
§63.10(e)(3)(i)(C)
§63.10(e)(3)(i)(D)

Yes.
Yes.
No.
Yes

Area sources located outside UA plus offset and UC boundaries are not
required to submit notifications of compliance status.
Section reserved.

§63.774(b)(1) requires sources to maintain the most recent 12 months of
data on-site and allows offsite storage for the remaining 4 years of data.

See §63.774(g) for recordkeeping of (1) occurrence and duration and (2)
actions taken during malfunctions.

No.
Yes.
§63.774(b)(1) requires sources to maintain the most recent 12 months of
data on-site and allows offsite storage for the remaining 4 years of data.
Sections reserved.

See §63.775(b)(6) or (c)(6) for reporting of malfunctions.
Area sources located outside UA plus offset and UC boundaries are not
required to submit reports.
Area sources located outside UA plus offset and UC boundaries are not
required to submit reports.
Subpart HH requires major sources to submit Periodic Reports semiannually. Area sources are required to submit Periodic Reports annually.
Area sources located outside UA plus offset and UC boundaries are not
required to submit reports.

Section reserved.

55

§63.10(e)(3)(ii) through
(viii)
§63.10(e)(4)
§63.10(f)
§63.11(a) and (b)
§63.11(c), (d), and (e)
§63.12(a) through (c)
§63.13(a) through (c)
§63.14(a) through (q)
§63.15(a) and (b)
§63.16

2.1.1.2.

Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.

All reports required under this subpart shall be sent to the Tribe at the
address below. Reports may be submitted on electronic media.
[40 CFR 63.764(b)]

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

2.1.1.3.

or by Common Carrier:
Part 70 Program
Environmental Programs Department
Air Quality Division
398 Ouray Drive
Ignacio, CO 81137

The owner or operator of an affected source located at an existing or new
area source of HAP emissions shall comply with the applicable standards
specified below.
[40 CFR 63.764(d)]
2.1.1.3.1. Each owner or operator of an area source not located in a UA
plus offset and UC boundary (as defined in §63.761) shall
comply with §63.764(d)(2)(i) through (iii).
[40 CFR 63.764(d)(2)]
2.1.1.3.1.1. Determine the optimum glycol circulation rate using the
following equation.

𝑳𝑶𝑷𝑻 = 𝟏. 𝟏𝟓 ∗ 𝟑. 𝟎

56

𝒈𝒂𝒍 𝑻𝑬𝑮
𝑭 ∗ (𝑰 − 𝑶)
∗
𝒍𝒃 𝑯𝟐 𝑶
𝟐𝟒 𝒉𝒓/𝒅𝒂𝒚

Where:
LOPT = Optimal circulation rate, gal/hr.
F = Gas flowrate (MMSCF/D).
I = Inlet water content (lb/MMSCF).
O = Outlet water content (lb/MMSCF).
3.0 = The industry accepted rule of thumb for a TEG-to
water ratio (gal TEG/lb H2O).
1.15 = Adjustment factor included for a margin of safety.
[40 CFR 63.764(d)(2)(i)]
2.1.1.3.1.2. Operate the TEG dehydration unit such that the actual
glycol circulation rate does not exceed the optimum
glycol circulation rate determined in accordance with
§63.764(d)(2)(i). If the TEG dehydration unit is unable to
meet the sales gas specification for moisture content
using the glycol circulation rate determined in accordance
with paragraph §63.764(d)(2)(i), the owner or operator
must calculate an alternate circulation rate using GRIGLYCalcTM, Version 3.0 or higher, or ProMax. The
owner or operator must document why the TEG
dehydration unit must be operated using the alternate
circulation rate and submit this documentation with the
initial notification in accordance with §63.775(c)(7).
[40 CFR 63.764(d)(2)(ii)]
2.1.1.3.1.3. Maintain a record of the determination specified in
§63.764(d)(2)(ii) in accordance with the requirements in
§63.774(f) and submit the Initial Notification in
accordance with the requirements in §63.775(c)(7). If
operating conditions change and a modification to the
optimum glycol circulation rate is required, the owner or
operator shall prepare a new determination in accordance
with §63.764(d)(2)(i) or (ii) and submit the information
specified under §63.775(c)(7)(ii) through (v).
[40 CFR 63.764(d)(2)(iii)]
2.1.1.4.

At all times the owner or operator 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
57

pollution control practices for minimizing emissions. Determination of
whether such operation and maintenance procedures are being used will be
based on information available to the Administrator 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 63.764(j)]
2.1.2. Test Methods, Compliance Procedures, and Compliance Demonstrations
2.1.2.1.

Determination of glycol dehydration unit flowrate, benzene emissions,
or BTEX emissions. The procedures of this paragraph shall be used by an
owner or operator to determine glycol dehydration unit natural gas
flowrate, benzene emissions, or BTEX emissions.
[40 CFR 63.772(b)]
2.1.2.1.1. The determination of actual flowrate of natural gas to a glycol
dehydration unit shall be made using §63.772(b)(1)(ii).
[40 CFR 63.772(b)(1)]
2.1.2.1.1.1. The owner or operator shall document, to the
Administrator’s satisfaction, the actual annual average
natural gas flowrate to the glycol dehydration unit.
[40 CFR 63.772(b)(1)(ii)]
2.1.2.1.2. The determination of actual average benzene or BTEX
emissions from a glycol dehydration unit shall be made using
the procedures of §63.772(b)(2)(i). Emissions shall be
determined either uncontrolled, or with federally enforceable
controls in place.
[40 CFR 63.772(b)(2)]
2.1.2.1.2.1. The owner or operator shall determine actual average
benzene or BTEX emissions using an approved model
(GRI-GLYCalcTM, Version 3.0 or higher, or ProMax). If
GRI-GLYCalcTM is used, follow the procedures presented
in the associated GRI-GLYCalcTM Technical Reference
Manual. Inputs to the model shall be representative of
actual operating conditions of the glycol dehydration unit
and may be determined using the procedures documented
in the Gas Research Institute (GRI) report entitled
“Atmospheric Rich/Lean Method for Determining Glycol
Dehydrator Emissions” (GRI-95/0368.1).
[40 CFR 63.772(b)(2)(i)]
58

2.1.3. Recordkeeping Requirements
2.1.3.1.

Except as specified in §63.774(f), each owner or operator of a facility
subject to this subpart shall maintain the records specified in
§63.774(b)(1) and (2).
[40 CFR 63.774(b)]
2.1.3.1.1. The owner or operator of an affected source subject to the
provisions of this subpart shall maintain files of all information
(including all reports and notifications) required by this
subpart. The files shall be retained for at least 5 years following
the date of each occurrence, measurement, maintenance,
corrective action, report or period.
[40 CFR 63.774(b)(1)]
2.1.3.1.1.1. All applicable records shall be maintained in such a
manner that they can be readily accessed.
[40 CFR 63.774(b)(1)(i)]
2.1.3.1.1.2. The most recent 12 months of records shall be retained on
site or shall be accessible from a central location by
computer or other means that provides access within 2
hours after a request.
[40 CFR 63.774(b)(1)(ii)]
2.1.3.1.1.3. The remaining 4 years of records may be retained offsite.
[40 CFR 63.774(b)(1)(iii)]
2.1.3.1.1.4. Records may be maintained in hard copy or computerreadable form including, but not limited to, on paper,
microfilm, computer, floppy disk, magnetic tape, or
microfiche.
[40 CFR 63.774(b)(1)(iv)]
2.1.3.1.2. Records specified in §63.10(b)(2).
[40 CFR 63.774(b)(2)]

2.1.3.2.

The owner or operator of an area source not located within a UA plus
offset and UC boundary must keep a record of the calculation used to
determine the optimum glycol circulation rate in accordance with
§63.764(d)(2)(i) or §63.764(d)(2)(ii), as applicable.
[40 CFR 63.774(f)]

2.1.3.3.

The owner or operator of an affected source subject to this subpart shall
maintain records of the occurrence and duration of each malfunction of
59

operation (i.e., process equipment) or the air pollution control equipment
and monitoring equipment. The owner or operator shall maintain records
of actions taken during periods of malfunction to minimize emissions in
accordance with §63.764(j), including corrective actions to restore
malfunctioning process and air pollution control and monitoring
equipment to its normal or usual manner of operation.
[40 CFR 63.774(g)]
2.1.4. Reporting Requirements
2.1.4.1.

The owner or operator of an area source subject to this subpart shall
submit the information listed in §63.775(c)(1). If the source is not located
within any UA plus offset and UC boundaries, the owner or operator shall
also submit the information listed within §63.775(c)(7).
[40 CFR 63.775(c)]
2.1.4.1.1. In addition to submitting your initial notification to the
addressees specified under §63.9(a), you must also submit a
copy of the initial notification to the EPA's Office of Air
Quality Planning and Standards. Send your notification via
email to Oil and Gas Sector@epa.gov or via U.S. mail or other
mail delivery service to U.S. EPA, Sector Policies and
Programs Division/Fuels and Incineration Group (E143-01),
Attn: Oil and Gas Project Leader, Research Triangle Park, NC
27711.
[40 CFR 63.775(c)(1)]
2.1.4.1.2. The information listed in §63.775(c)(1)(i) through (v) shall be
submitted with the initial notification.
[40 CFR 63.775(c)(7)]
2.1.4.1.2.1. Documentation of the source's location relative to the
nearest UA plus offset and UC boundaries. This
information shall include the latitude and longitude of the
affected source; whether the source is located in an urban
cluster with 10,000 people or more; the distance in miles
to the nearest urbanized area boundary if the source is not
located in an urban cluster with 10,000 people or more;
and the name of the nearest urban cluster with 10,000
people or more and nearest urbanized area.
[40 CFR 63.775(c)(7)(i)]
2.1.4.1.2.2. Calculation of the optimum glycol circulation rate
determined in accordance with §63.764(d)(2)(i).
[40 CFR 63.775(c)(7)(ii)]
60

2.1.4.1.2.3. If applicable, documentation of the alternate glycol
circulation rate calculated using GRI-GLYCalcTM,
Version 3.0 or higher, or ProMax, and documentation
stating why the TEG dehydration unit must operate using
the alternate glycol circulation rate.
[40 CFR 63.775(c)(7)(iii)]
2.1.4.1.2.4. The name of the manufacturer and the model number of
the glycol circulation pump(s) in operation.
[40 CFR 63.775(c)(7)(iv)]
2.1.4.1.2.5. Statement by a responsible official, with that official's
name, title, and signature, certifying that the facility will
always operate the glycol dehydration unit using the
optimum circulation rate determined in accordance with
§63.764(d)(2)(i) or §63.764(d)(2)(ii), as applicable.
[40 CFR 63.775(c)(7)(v)]
2.1.4.2.

Each owner or operator of a source subject to this subpart shall submit a
Notification of Compliance Status Report as required under §63.9(h)
within 180 days after the compliance date specified in §63.760(f). In
addition to the information required under §63.9(h), the Notification of
Compliance Status Report shall include the information specified in
§63.775(d)(7), (9), and (10). This information may be submitted in an
operating permit application, in an amendment to an operating permit
application, in a separate submittal, or in any combination of the three. If
all of the information required under this paragraph has been submitted at
any time prior to 180 days after the applicable compliance dates specified
in §63.760(f), a separate Notification of Compliance Status Report is not
required. If an owner or operator submits the information specified in
§63.775(d)(7), (9), and (10) at different times, and/or different submittals,
subsequent submittals may refer to previous submittals instead of
duplicating and resubmitting the previously submitted information.
[40 CFR 63.775(d)]
2.1.4.2.1. After a title V permit has been issued to the owner or operator
of an affected source, the owner or operator of such source
shall comply with

[Text truncated at 120,000 characters. The full text is on the page linked above.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Asouthern_ute%3A0de6875756e1d6b3. Public record. Not legal advice.
