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Air Pollution Control

Title V Permit to Operate

Statement of Basis for Permit No. V-SUIT-0050-2024.01

Administrative Permit Revision

September 9, 2025

SIMCOE, LLC

Iron Horse Central Delivery Point

Southern Ute Indian Reservation

La Plata County, Colorado

Description of Administrative Permit Revision

On July 31, 2025, the U.S. Environmental Protection Agency (EPA) finalized an interim final

rule to extend compliance deadlines for 40 CFR Part 60, Subparts OOOOb and OOOOc. This

rule also extends to 40 CFR Part 60, Subparts OOOO and OOOOa with updated Super-Emitter

Event language. On August 13, 2025, SIMCOE submitted an administrative permit revision

request to the Air Quality Division (AQD) to incorporate the update to 40 CFR Part 60, Subpart

OOOO.

Along with the updated language addition to 40 CFR Part 60, Subpart OOOO, the AQD is

updating the applicability analysis for 40 CFR Part 60, Subparts OOOO, OOOOa, and OOOOb.

As requested by SIMCOE, the AQD made the following revisions to the permit:

Section III.1.2. - 40 CFR Part 60, Subpart OOOO – NSPS



1.2.3. Super-Emitter Events

o Added “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.”

The AQD is updating the applicability analysis for the Iron Horse Central Delivery Point as

follows:

40 CFR Part 60, Subpart OOOO: Standards of Performance for Crude Oil and Natural Gas

Production, Transmission, and Distribution. This subpart establishes emission standards and

compliance schedules for the control of VOC and SO 2 emissions from affected facilities that

commence construction, modification, or reconstruction after August 23, 2011, and on or before

September 18, 2015. Affected facilities under this subpart include gas wells, compressors,

pneumatic controllers, storage vessels, process unit equipment, and sweetening units.

According to SIMCOE, Iron Horse CDP has two reciprocating compressors (Recip1,

Recip2) which were reconstructed after August 23, 2011, and before September 18, 2015.

Therefore, Subpart OOOO applies to Recip1 and Recip2. Requirements of EPA’s

Super-Emitter Program will not apply between July 31, 2025, and January 22, 2027.

Super-Emitter Program provisions of this section will apply after January 22, 2027.

40 CFR Part 60, Subpart OOOOa: Standards of Performance for Crude Oil and Natural Gas

Facilities. This subpart establishes emission standards and compliance schedules for the control of

volatile organic compounds (VOC) and sulfur dioxide (SO 2) emissions from affected facilities in

the crude oil and natural gas production source category that commence construction,

modification, or reconstruction after September 18, 2015, and on or before December 6, 2022.

Affected facilities under this subpart include gas wells, compressors, pneumatic controllers,

pneumatic pumps, storage vessels, and the collection of fugitive emission components at well sites

and compressor stations.

According to SIMCOE, the Iron Horse CDP is not a natural gas processing plant and does

not have gas wells, storage vessels, continuous-bleed pneumatic devices, or compressors

that have been constructed, modified, or reconstructed between September 18, 2015, and

December 6, 2022. Therefore, the facility is not subject to Subpart OOOOa.

Requirements of EPA’s Super-Emitter Program will not apply between July 31, 2025,

and January 22, 2027. Super-Emitter Program provisions of this section will apply

after January 22, 2027.

40 CFR Part 60, Subpart OOOOb: Standards of Performance for Crude Oil and Natural Gas

Facilities. This subpart establishes emission standards and compliance schedules for the control

of the pollutant greenhouse gases (GHG). The greenhouse gas standard in this subpart is in the

form of a limitation on emissions of methane from affected facilities in the crude oil and natural

gas source category that commence construction, modification, or reconstruction after December

6, 2022. This subpart also establishes emission standards and compliance schedules for the

control of volatile organic compounds (VOC) and sulfur dioxide (SO 2) emissions from affected

facilities in the crude oil and natural gas source category that commence construction,

modification, or reconstruction after December 6, 2022.

According to SIMCOE, the Iron Horse CDP is not a natural gas processing plant and does

not have gas wells, storage vessels, continuous-bleed pneumatic devices, or compressors

that have been constructed, modified, or reconstructed after December 6, 2022. Therefore,

the facility is not subject to Subpart OOOOb. Requirements of EPA’s Super-Emitter

Program will not apply between July 31, 2025, and January 22, 2027. Super-Emitter

Program provisions of this section will apply after January 22, 2027.

AQD is making this revision as an administrative permit revision in accordance with RAC 2111(2). The permit will be reissued as permit number V-SUIT-0050-2024.01.

For specific applicability information regarding the Part 70 permit for this facility, please reference

the Statement of Basis for permit number V-SUIT-0050-2024.00.

Air Pollution Control

Title V Permit to Operate

Statement of Basis for Permit No. V-SUIT-0050-2024.00

December 30, 2024

SIMCOE, LLC

Iron Horse Central Delivery Point

Southern Ute Indian Reservation

La Plata County, Colorado

1. Facility Information

a. Location

The Iron Horse Central Delivery Point, owned and operated by SIMCOE, LLC (SIMCOE), is located

within the exterior boundary of the Southern Ute Indian Reservation. The exact location is SW ¼ NW ¼

Section 7, T33N, R7W in La Plata County, at latitude North 37.121639 and longitude West

-107.65885. The mailing address is:

SIMCOE, LLC

Iron Horse Central Delivery Point

1199 Main Ave. Suite 101

Durango, CO 81301

b. Contacts

Facility Contact:

Julie Best

Environmental Specialist

SIMCO, LLC

1199 Main Ave. Suite 101

Durango, CO 81301

(970) 822-8924

Responsible Official:

Gavin Tweedie

Area Manager, Midstream

SIMCOE, LLC

1199 Main Ave. Suite 101

Durango, CO 81301

(505) 320-3359

c. Description of Operations

The Iron Horse Central Delivery Point (Iron Horse CDP) is a natural gas production field facility prior to

the point of custody transfer. Fruitland coal bed methane wells feed into a gathering pipeline system

leading to the inlet of the facility. The gas does not contain any condensate or natural gas liquids.

Upon entering the compressor station, the gas first passes through an inlet separator vessel to remove any

free liquids in the gas stream by gravity. The gas then passes to a filter vessel, which serves to filter out

any solids such as coal dust in the gas. The gas is then compressed, dehydrated by a tri-ethylene glycol

dehydration process and finally passes through an outlet scrubber vessel which removes any tri-ethylene

glycol carryover before being metered and sent to a medium pressure pipeline.

The facility’s primary pollutant-emitting sources are two compressor engines, which are fueled by

natural gas and utilize lean burn technology, and one tri-ethylene glycol dehydrator regenerator and

associated flash tank vent. Current production at this facility is about 26 MMscfd.

d. List of all Units and Emission-Generating Activities

SIMCOE provided the information contained in Tables 1 and 2 in its Part 70 permit renewal application.

Table 1 lists emission units and emission generating activities, including any air pollution control

devices. Emission units identified as “insignificant” emitting units (IEUs) are listed separately in Table 2.

Table 1 – Emission Units

SIMCOE, LLC - Iron Horse Central Delivery Point

Emission

Unit ID

Control

Equipment

Description

Caterpillar G3608 (4SLB SI) Natural Gas-Fired Compressor Engine

2,520 Nameplate Rated HP

IH1

Serial No.

BEN/4WF00102

Install Date:

10/10/2017

Caterpillar G3608 (4SLB SI) Natural Gas-Fired Compressor Engine

2,370 Nameplate Rated HP

IH2

Serial No.

BEN00371

Install Date:

08/18/2020

Tri-Ethylene Glycol (TEG) Dehydrator Regenerator and Flash Tank Vent

50 MMscf/day

Dehy1

Serial No.

N/A

Install Date:

None

Oxidation

Catalyst

AFRC

None

N/A

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

allows sources to separately list in the permit application units or activities that qualify as “insignificant”

based on potential emissions below 2 tpy for all regulated pollutants that are not listed as hazardous air

pollutants (HAPs) under Section 112(b) of the Clean Air Act (CAA) and below 1,000 lbs per year or the

de minimis level established under Section 112(g), whichever is lower, for HAP emissions. However, the

application may not omit information needed to determine the applicability of, or to impose, any

applicable requirement, or to calculate the fee. Units that qualify as “insignificant” for the purposes of

the Part 70 application are in no way exempt from applicable requirements or any requirements of the

Part 70 permit.

SIMCOE stated in its Part 70 permit renewal application the emission units in Table 2, below, are

insignificant. The application provided calculations for fugitive emissions, heaters, tanks based on a

combination of EPA’s Protocol for Equipment Leak Emission Estimates, Table 2-4, November 1995;

manufacturer’s specifications, EPA’s AP-42 emission factors, and EPA Tanks 4.0.9d emission model.

This data supports the source’s claim that these units qualify as insignificant.

Table 2 – Insignificant Emission Units

SIMCO, LLC - Iron Horse Central Delivery Point

Emission

Unit ID

Amount

Description

Size

Units

Recip1

Recip2

N/A

9,744

300

1,500

N/A

gal

bbl

gal

N/A

1,000

gal

N/A

1,000

gal

N/A

Ariel JGD-4 Reciprocating Compressor – Frame Number F23233

Atmospheric Drain Tank

Produced Water Tank

Oily Water Tank

Lube Oil Storage Tank

Used Oil Storage Tank

Engine Coolant Storage Tank

(50/50 Ethylene Glycol (EG) / Water Mix)

Engine Coolant Storage Tank (Maintenance)

(50/50 Ethylene Glycol (EG) / Water Mix)

Tri-ethylene Glycol (TEG) Makeup Tank

Compressor Building Catalytic Heaters

Process Fugitive Emissions

Tank Heaters

500

N/A

0.325

gal

MBtu/hr

N/A

MMBtu/hr

e. Facility Construction and Permitting History

DATE

DESCRIPTION OF ACTION

PERMIT NUMBER

April 11, 2008

Commenced operation

N/A

October 23, 2009

Initial Part 71 Permit Issued

# V-SU-0050-09.00

February 2011

Administrative Amendment

 Reopen for cause (revised 40 CFR Part 63, Subpart ZZZZ start-up,

shutdown, malfunction, and CPMS requirements

# V-SU-0050-2009.01

January 31, 2014

Initial Part 70 Permit Issued

# V-SUIT-0050-2014.00

March 1, 2016

June 8, 2018

Minor Revision

 II.A.2 – Added condition to clarify when semi-annual reports due under

40 CFR Part 63, Subpart A should be submitted

 II.L.1 – Streamlined 40 CFR Part 63, Subpart ZZZZ reporting dates to

align with Tribal semi-annual monitoring reporting dates

 III – Requirements for Reciprocating Compressors: Added section in

order to incorporate new applicable requirements for 40 CFR Part 60,

Subpart OOOO

Significant Revision

 II – Removed emission unit IH1 from 40 CFR Part 63, Subpart ZZZZ

requirements

 II.M – Added section to incorporate 40 CFR Part 60, Subpart JJJJ

requirements for IH1 replacement engine

August 12, 2019

November 23, 2020

December 30, 2020 

December 30, 2024

1st Part 70 Renewal Permit Issued

Minor Revision

 I.A. – Revised Table 1-Emission Units with IH2’s new engine

horsepower, serial number, and installation date.

 III.2.2.1.1. – 40 CFR Part 63, Subpart ZZZZ – updated IH2’s

horsepower

Administrative Revision

Change of ownership from BP America Production Company to

SIMCOE, LLC.

2nd Part 70 Renewal Permit Issued

# V-SUIT-0050-2014.01

# V-SUIT-0050-2014.02

# V-SUIT-0050-2019.00

# V-SUIT-0050-2019.01

# V-SUIT-0050-2019.02

# V-SUIT-0050-2024.00

f. Potential to Emit

Under RAC 1-103(51), potential to emit (PTE) is defined as the maximum capacity of a stationary

source to emit a pollutant under its physical and operational design. Any physical or operational

limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and

restrictions on hours of operation or on the type or amount of material combusted, stored, or processed,

shall be treated as part of its design if the limitation, or the effect it would have on emissions, is federally

enforceable.

The PTE for Iron Horse CDP was listed by SIMCOE in Forms “GIS”, “PTE”, and the various forms

“EMISS” of the Part 70 operating permit renewal application. Table 3 shows PTE data broken down by

each individual emission unit, as well as the total facility-wide PTE.

Table 3 - Potential to Emit

SIMCOE, LLC - Iron Horse Central Delivery Point

Regulated Air Pollutants

in tpy

Emission

Unit ID

Largest

Single

HAP

(CH2O)

GHGs

(CO2 e

tpy)

NOx

VOC

SO2

PM10

Lead

Total

HAPs

IH1

16.75

14.36

0.04

0.73

59.82

0.00

6.22

8,535.60

IH2

15.76

13.51

0.04

0.70

3.94

0.00

5.85

8,077.00

Dehy1

0.00

17,011.20

Total IEUs

0.51

0.04

0.00

0.04

0.43

0.00

19,383.40

TOTAL

33.02

27.91

0.08

1.47

64.19

0.00

12.07

53,007.20

2. Tribal Authority

SIMCOE, LLC’s Iron Horse CDP is located within the exterior boundaries of the Southern Ute Indian

Reservation and is thus within Indian Country as defined at 18 U.S.C. §1151. On March 2, 2012, the

EPA determined that the Southern Ute Indian Tribe of the Southern Ute Indian Reservation had met the

requirements of 40 CFR §70.4(b) for full approval to administer its Clean Air Act Title V, Part 70

Permitting Program (Program). In concert with that Program approval, the EPA also found that the Tribe

met the requirements of Section 301(d)(2) of the CAA and 40 CFR §49.6 for treatment “in the same

manner as a state” for the purposes of issuing CAA Title V, Part 70 operating permits. The EPA

promulgated its approval of the Tribe’s applications on March 15, 2012 (77 FR 15267). The

requirements of the Clean Air Act Title V, Part 70 Permitting Program (Program) have been incorporated

at Article II, Part 1 of the Reservation Air Code. Therefore, the Southern Ute Indian Tribe is the

appropriate governmental entity to issue the Title V permit to this facility.

The Reservation Air Code: The Reservation Air Code was adopted pursuant to the authority vested in the

Southern Ute Indian Tribe/State of Colorado Environmental Commission by (1) the Intergovernmental

Agreement Between the Southern Ute Indian Tribe and the State of Colorado Concerning Air Quality

Control on the Southern Ute Indian Reservation dated December 13, 1999, (2) tribal law (Resolution of

the Council of the Southern Ute Indian Tribe No. 00-09), (3) State law (C.R.S. § 24- 62-101), and (4) as

recognized in federal law (Act of October 18, 2004, Pub. L. No. 108-336, 118 Stat.1354).

NSPS and NESHAP Delegation: On September 6, 2013, the Southern Ute Indian Tribe received

delegation from the EPA to incorporate by reference into the Reservation Air Code and enforce certain

subparts of the new source performance standards (NSPS) and national emission standards for hazardous

air pollutants (NESHAP) under Sections 111 and 112 of the Clean Air Act, respectively (78 FR 40635).

These NSPS and NESHAP subparts generally apply to oil and gas operations within the exterior

boundaries of the Southern Ute Indian Reservation and were adopted, unchanged, into the Reservation

Air Code as Parts 2 and 3.

Tribal Minor New Source Review Program: Minor sources of air pollution located within the Southern

Ute Indian Reservation exterior boundaries must comply with either the “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” listed at 40 CFR

§49.101 – 105 or the “Federal Minor New Source Review Program in Indian Country” listed at 40 CFR

§49.151 – 164.

3. Applicable Requirements

The following discussion addresses a selection of the regulations from the Code of Federal Regulations

(CFR) at Title 40. These discussions are based on the information provided by SIMCOE in its Part 70

permit renewal application and are only intended to present the information certified to be true and

accurate by the Responsible Official of this facility. The following discussion does not include all

potentially applicable regulations and is not intended to represent official Tribe applicability

determinations.

Tribal Minor New Source Review (TMNSR) – 40 CFR Part 49

EPA promulgated the federal rule “Review of New Sources and Modifications in Indian Country,”

otherwise known as the Tribal Minor New Source Review Rule (TMNSR), on July 1, 2011 (76 FR

38748). The TMNSR rule applies to all new or modified industrial facilities in Indian country with a

potential to emit equal to or greater than the minor NSR thresholds, but less than the major source

thresholds, which are generally 100 to 250 tons per year (tpy). The minor NSR thresholds for

attainment/unclassifiable areas are displayed in the table below:

40 CFR 49.153 Minor NSR Thresholds

Minor NSR Thresholds for

Regulated NSR Pollutant

Attainment/Unclassifiable Areas in Tons Per

Year (TPY)

Carbon Monoxide (CO)

Nitrogen Oxides (NOx)

Sulfur Dioxide (SO2)

Volatile Organic Compounds (VOC)

PM10

PM2.5

Lead

0.1

Fluorides

Sulfuric Acid Mist

Hydrogen Sulfide (H2S)

Total Reduced Sulfur (including H2S)

Reduced Sulfur Compounds (including H2S)

Municipal Waste Combustor Emissions

Municipal Solid Waste Landfill Emissions

(measured as nonmethane organic compounds)

On June 11, 2024, the Southern Ute Indian Tribe received partial delegation of the Tribal Minor New

Source Review Program through the Agreement for Delegation of Partial Administrative Authority of

Certain Federal Clean Air Act Indian Country Programs to the Southern Ute Indian Tribe by the United

States Environmental Protection Agency. The two federal Clean Air Act (CAA) Programs are: (l) the

Federal Implementation Plan for Managing Air Emissions from True Minor Sources in Indian Country in

the Oil and Natural Gas Production and Oil and Natural Gas Processing Segments of the Oil and Natural

Gas Sector (FIP), 40 Code of Federal Regulations (C.F.R.) Part 49, Subpart C, Sections 49.101 through

49.105 and (2) the Federal Minor New Source Review Program in Indian Country (MNSR), 40 C.F.R.

Part 49, Subpart C, Sections 49.151 through 49.164. Under the FIP, all new and modified true minor oil

and gas sources are required to register with the EPA to obtain coverage. Under the MNSR, minor

sources and minor modifications at an existing source are required to obtain a preconstruction permit

prior to beginning construction. The MNSR program provides a mechanism for a source to obtain

authorization to construct through a site-specific permit or to accept federally enforceable requirements

to become a “synthetic minor” source under NSR or the Title V permitting program. The program also

includes general permits for six source categories.

Future modifications at the Iron Horse Central Delivery Point will be subject to the TMNSR rule;

however, no TMNSR permits have been issued to this facility at this time.

Prevention of Significant Deterioration (PSD) - 40 CFR 52.21

PSD is a preconstruction review requirement of the CAA that applies to proposed projects that are

sufficiently large (in terms of emissions) to be considered a major stationary source or a major

modification of an existing stationary source as defined in 40 CFR §52.21 (b)(1)(i) and (b)(2)(i). A new

stationary source or a modification to an existing stationary source is major if the proposed project has

the PTE any pollutant regulated under the CAA in amounts equal to or exceeding specified major source

thresholds, which are 100 tpy for 28 listed industrial sources (named source) and 250 tpy for all other

sources. PSD also applies to modifications at existing major sources that cause a “significant net

emissions increase” at that source. Significance levels for each pollutant are defined in the PSD

regulations at 40 CFR §52.21 (b)(23). A modification is a physical change or change in the method of

operation.

Iron Horse CDP is not a PSD named source. Therefore, the PTE threshold for determining PSD

applicability for this source is 250 tpy for criteria pollutants. The PTE of regulated pollutants at

this facility are currently below major source thresholds, therefore, this site is not subject to the

requirements of PSD.

New Source Performance Standards (NSPS)

40 CFR Part 60, Subpart A: General Provisions. This Subpart applies to the owner or operator of any

stationary source that contains an affected facility, the construction or modification of which is

commenced after the date of publication of any standard in Part 60. The general provisions under

Subpart A apply to sources that are subject to the specific subparts of Part 60

As explained below, Iron Horse CDP is subject to specific subparts under 40 CFR part 60.

Therefore, the General Provisions of Part 60 do apply.

40 CFR Part 60, Subpart Db: Standards of Performance for Industrial-Commercial-Institutional Steam

Generating Units. This rule applies to steam generating units with a heat input capacity of greater than

100 MMBtu/hr and commenced construction, modification, or reconstruction after June 19, 1984

According to SIMCOE, Iron Horse CDP has no steam generating units with a heat input capacity

greater than 100 MMBtu/hr at the facility. Therefore, Subpart Db does not apply.

40 CFR Part 60, Subpart Dc: Standards of Performance for Small Industrial-Commercial-Institutional

Steam Generating Units. This rule applies to steam generating units with a maximum design heat

capacity of 100 MMBtu/hr or less, but greater than or equal to 10 MMBtu/hr and commenced

construction, modification, or reconstruction after June 9, 1989.

According to SIMCOE, Iron Horse CDP has no steam generating units with a maximum heat

input capacity of 100 MMBtu/hr or less, but greater than or equal to 10 MMBtu/hr at the at the

facility. Therefore, Subpart Dc does not apply.

40 CFR Part 60, Subpart K: Standards of performance for Storage Vessels for Petroleum Liquids for

which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May

19, 1978. This rule applies to storage vessels for petroleum liquids with a storage capacity greater than

40,000 gallons. 40 CFR Part 60, Subpart K does not apply to storage vessels for petroleum or condensate

stored, processed, and/or treated at a drilling and production facility prior to custody transfer.

According to SIMCOE, Iron Horse CDP is a drilling and production facility prior to custody

transfer. Therefore, Subpart K does not apply.

40 CFR Part 60, Subpart Ka: Standards of Performance for Storage Vessels for Petroleum Liquids for

which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to

June 23, 1984. This rule applies to storage vessels for petroleum liquids with a storage capacity greater

than 40,000 gallons. Subpart Ka does not apply to petroleum storage vessels with a capacity of less than

420,000 gallons used for petroleum or condensate stored, processed, or treated prior to custody transfer.

According to SIMCOE, Iron Horse CDP is a drilling and production facility prior to custody

transfer. Therefore, Subpart Ka does not apply.

40 CFR Part 60, Subpart Kb: Standards of Performance for Volatile Organic Liquid Storage Vessels

(Including Petroleum Liquid Storage Vessels) for which Construction, Reconstruction, or Modification

Commenced After July 23, 1984. This rule applies to storage vessels with a capacity greater than or

equal to 75 cubic meters (472 bbl).

According to SIMCOE, all tanks storing volatile organic liquids at Iron Horse CDP are less than

75 m3 (472 bbl or 19,813 gal). Therefore, Subpart Kb does not apply.

40 CFR Part 60, Subpart GG: Standards of Performance for Stationary Gas Turbines. This rule applies to

stationary gas turbines, with a heat input at peak load equal to or greater than 10.7 gigajoules per hour

(10 MMBtu/hr), that commenced construction, modification, or reconstruction after October 3, 1977.

According to SIMCOE, there are no stationary gas turbines located at Iron Horse CDP.

Therefore, Subpart GG does not apply.

40 CFR Part 60, Subpart KKK: Standards of Performance for Equipment Leaks of VOC from Onshore

Natural Gas Processing Plants for which construction, reconstruction, or modification commenced after

January 20, 1984, and on or before August 23, 2011. This rule applies to compressors and other

equipment at onshore natural gas processing facilities. As defined in this subpart, a natural gas

processing plant is any processing site engaged in the extraction of natural gas liquids (NGLs) from field

gas, fractionation of mixed NGLs to natural gas products, or both. NGLs are defined as the

hydrocarbons, such as ethane, propane, butane, and pentane that are extracted from field gas.

According to SIMCOE, Iron Horse CDP does not extract natural gas liquids from field gas, nor

does it fractionate mixed NGLs to natural gas products, and thus does not meet the definition of a

natural gas processing plant under this subpart. Therefore, subpart KKK does not apply.

40 CFR Part 60, Subpart LLL: Standards of Performance for SO 2 Emissions from Onshore Natural Gas

Processing for which construction, reconstruction, or modification commenced after January 20, 1984,

and on or before August 23, 2011. This rule applies to sweetening units and sulfur recovery units at

onshore natural gas processing facilities. As defined in this subpart, sweetening units are process devices

that separate hydrogen sulfide (H2S) and carbon dioxide (CO2) from a sour natural gas stream. Sulfur

recovery units are defined as process devices that recover sulfur from the acid gas (consisting of H 2S and

CO2) removed by a sweetening unit.

According to SIMCOE, Iron Horse CDP does not perform sweetening or sulfur recovery at the

facility. Therefore, subpart LLL does not apply.

40 CFR Part 60, Subpart IIII: Standards of Performance for Stationary Compression Ignition Internal

Combustion Engines. This subpart establishes emission standards and compliance requirements for the

control of emissions from stationary combustion ignition (CI) internal combustion engines (ICE) that

commence construction (which for the purposes of this subpart is the date the engine is ordered by the

owner or operator) after July 11, 2005 and are manufactured as a certified National Fire Protection

Association (NFPA) fire pump engine after July 1, 2006, or are manufactured after April 1, 2006 and are

not fire pump engines

According to SIMCOE, there are no stationary compression ignition (CI) internal combustion

engines (ICE) located at Iron Horse CDP. Therefore, Subpart IIII does not apply.

40 CFR Part 60, Subpart JJJJ: Standards of Performance for Stationary Spark Ignition Internal

Combustion Engines. This subpart establishes emission standards and compliance requirements for the

control of emissions from stationary spark ignition (SI) internal combustion engines (ICE) that

commenced construction, modification or reconstruction after June 12, 2006, where the SI ICE are

manufactured on or after specified manufacture trigger dates. The manufacture trigger dates are based on

the engine type, fuel used, and maximum engine horsepower.

For the purposes of this subpart, the date that construction commences is the date the engine is ordered

by the owner or operator (See 40 CFR 60.4230(a)).

SIMCOE provided the following information:

Table 4 - NSPS Subpart JJJJ Applicability Determination

SIMCOE, LLC - Iron Horse Central Delivery Point

Unit

Serial No

Unit Description

Caterpillar G3608

IH1 BEN/4WF00102 4SLB SI Compressor

Engine

Caterpillar G3608

IH2

BEN00371

4SLB SI Compressor

Engine

BHP

Subpart JJJJ Subpart JJJJ

Commenced

Manufacture Modification

Trigger Date - Trigger Date

Construction

Date

Manufactured - Modified on

Date

on or after

or after

2,520

10/05/1998

06/2017

Prior to

06/12/2006

07/01/2007

06/12/2006

2,370

12/21/2006

N/A

Prior to

06/12/2006

07/01/2007

06/12/2006

According to SIMCOE, Units IH1 and IH2 were manufactured prior to July 1, 2007 (trigger date

for engines with a maximum engine power greater than or equal to 500 hp. IH1 was modified in

June 2017, after the modification trigger date. IH2 has not been reconstructed or modified (as

defined in §60.15) since June 12, 2006. Therefore, Subpart JJJJ applies to IH1.

Should SIMCOE propose to install a replacement engine for Unit IH2 that is subject to Subpart

JJJJ, SIMCOE may not be allowed to use the off permit changes provision, and may be required to

submit a minor permit modification application to incorporate Subpart JJJJ requirements into the

permit.

40 CFR Part 60, Subpart KKKK: Standards of Performance for Stationary Combustion Turbines. This

subpart establishes emission standards and compliance schedules for the control of emissions from

stationary combustion turbines that commenced construction, modification, or reconstruction after

February 18, 2005. The rule applies to stationary combustion turbines with a heat input at peak load

equal to or greater than 10.7 gigajoules (10 MMBtu) per hour.

According to SIMCOE, there are no stationary gas turbines located at Iron Horse CDP.

Therefore, Subpart KKKK does not apply.

40 CFR Part 60, Subpart OOOO: Standards of Performance for Crude Oil and Natural Gas Production,

Transmission, and Distribution. This subpart establishes emission standards and compliance schedules for

the control of VOC and SO2 emissions from affected facilities that commence construction, modification,

or reconstruction after August 23, 2011, and on or before September 18, 2015. Affected facilities under

this subpart include gas wells, compressors, pneumatic controllers, storage vessels, process unit

equipment, and sweetening units.

According to SIMCOE, Iron Horse CDP has two reciprocating compressors (Recip1, Recip2)

which were reconstructed after August 23, 2011, and before September 18, 2015. Therefore,

Subpart OOOO applies to Recip1 and Recip2.

40 CFR Part 60, Subpart OOOOa: Standards of Performance for Crude Oil and Natural Gas Facilities.

This subpart establishes emission standards and compliance schedules for the control of volatile organic

compounds (VOC) and sulfur dioxide (SO2) emissions from affected facilities in the crude oil and natural

gas production source category that commence construction, modification, or reconstruction after

September 18, 2015, and on or before December 6, 2022. Affected facilities under this subpart include gas

wells, compressors, pneumatic controllers, pneumatic pumps, storage vessels, and the collection of

fugitive emission components at well sites and compressor stations.

According to SIMCOE, the Iron Horse CDP is not a natural gas processing plant and does not

have gas wells, storage vessels, continuous-bleed pneumatic devices, or compressors that have

been constructed, modified, or reconstructed between September 18, 2015, and December 6, 2022.

Therefore, the facility is not subject to Subpart OOOOa.

40 CFR Part 60, Subpart OOOOb: Standards of Performance for Crude Oil and Natural Gas Facilities.

This subpart establishes emission standards and compliance schedules for the control of the pollutant

greenhouse gases (GHG). The greenhouse gas standard in this subpart is in the form of a limitation on

emissions of methane from affected facilities in the crude oil and natural gas source category that

commence construction, modification, or reconstruction after December 6, 2022. This subpart also

establishes emission standards and compliance schedules for the control of volatile organic compounds

(VOC) and sulfur dioxide (SO2) emissions from affected facilities in the crude oil and natural gas source

category that commence construction, modification, or reconstruction after December 6, 2022.

According to SIMCOE, the Iron Horse CDP is not a natural gas processing plant and does not

have gas wells, storage vessels, continuous-bleed pneumatic devices, or compressors that have

been constructed, modified, or reconstructed after December 6, 2022. Therefore, the facility is

not subject to Subpart OOOOb.

National Emission Standards for Hazardous Air Pollutants (NESHAP)

40 CFR Part 63, Subpart A: General Provisions. This subpart contains national emissions standards for

HAPs that regulate specific categories of sources that emit one or more HAP regulated pollutants under

the CAA. The general provisions under Subpart A apply to sources that are subject to the specific

subparts of Part 63.

As explained below, Iron Horse CDP is subject to specific subparts under 40 CFR part 63.

Therefore, the General Provisions of Part 63 do apply.

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

Natural Gas Production Facilities. This subpart applies to the owners and operators of affected units

located at natural gas production facilities that are area or major sources of HAPs, as defined by §63.761,

and that process, upgrade, or store natural gas prior to the point of custody transfer, or that process,

upgrade, or store natural gas prior to the point at which natural gas enters the natural gas transmission

and storage source category or is delivered to a final end user. The affected units are glycol dehydration

units, storage vessels and the group of ancillary equipment, and compressors intended to operate in

volatile hazardous air pollutant service, which are located at natural gas processing plants.

Facility

For the purpose of a major source determination, facility means oil and natural gas production and

processing equipment that is located within the boundaries of an individual surface site as defined in

Subpart HH. Examples of facilities in the oil and natural gas production category include, but are not

limited to: well sites, satellite tank batteries, central tank batteries, a Central Delivery Point that

transports natural gas to a natural gas processing plant, and natural gas processing plants.

Production Field Facility

Production field facilities are those located prior to the point of custody transfer. The definition of

custody transfer (40 CFR 63.761) means the point of transfer after the processing/treating in the

producing operation, except for the case of a natural gas processing plant, in which case the point of

custody transfer is the inlet to the plant.

Natural Gas Processing Plant

A natural gas processing plant is defined in 40 CFR 63.761 as any processing site engaged in the

extraction of NGLs from field gas, or the fractionation of mixed NGLs to natural gas products, or a

combination of both. A treating plant or gas plant that does not engage in these activities is considered to

be a production field facility.

Throughput Exemption

Those sources whose maximum natural gas throughput, as appropriately calculated per §63.760(a)(1)(i)

through (a)(1)(iii), is less than 18,400 standard cubic meters per day and a facility-wide actual annual

average hydrocarbon liquid throughput less than 39,700 liters per day are exempt from the requirements

of this subpart.

Major Source Determination for Production Field Facilities

The definition of major source in subpart HH (at 40 CFR 63.761) states, in part, that only emissions from

the dehydration units and storage vessels at production field facilities shall be aggregated when

comparing to the major source thresholds.

For facilities that are not production field facilities, HAP emissions from all HAP emission units shall be

aggregated.

Area Source Applicability

40 CFR Part 63, Subpart HH applies also to area sources of HAPs. An area source is a HAP source

whose total HAP emissions are less than 10 tpy of any single HAP or 25 tpy for all HAPs in aggregate.

This subpart requires different emission reduction requirements for glycol dehydration units found at oil

and gas production facilities based on their geographical location.

Units located in densely populated areas (determined by the Bureau of Census) and known as urbanized

areas with an added 2-mile offset and urban clusters of 10,000 people or more, are required to have

emission controls. Units located outside these areas will be required to have the glycol recirculation

pump rate optimized or operators must document that uncontrolled annual actual benzene emissions are

less than 0.9 megagrams (1,984 lbs.).

Any source that determines that it is not a major source but has actual emissions of 5 tons per year of a

single HAP or 12.5 tons per year of a combination of HAP (i.e. 50 percent of the major source

thresholds), shall update its major source determination within 1 year of the prior determination and each

year thereafter, using gas composition data measured during the preceding 12 months.

Applicability of Subpart HH to Iron Horse CDP

According to SIMCOE, the Iron Horse CDP is located prior to the point of custody transfer and is

therefore considered a production field facility and not a natural gas transmission or storage

facility. Potential HAP emissions from the glycol dehydration units and storage vessels at the

facility are less than the major source thresholds of 25 tpy total HAPS and 10 tpy of a single HAP.

Therefore, Iron Horse CDP is considered an area source of HAPs according to 40 CFR part 63,

subpart HH. Uncontrolled actual benzene emissions from the dehydration unit at the facility is less

than 0.9 megagrams. Per 40 CFR 63.764(e)(1)(ii), the dehydration unit is exempt from the 40 CFR

63.764(d) general standards for area sources. Therefore, only recordkeeping requirements

apply to the facility.

40 CFR Part 63, Subpart HHH: National Emission Standards for Hazardous Air Pollutants from Natural

Gas Transmission and Storage Facilities. This subpart applies to natural gas transmission and storage

facilities that transport or store natural gas prior to entering the pipeline to a local distribution company

or to a final end user, and that are a major source of hazardous air pollutant (HAP) emissions. Natural

gas transmission means the pipelines are used for long distance transport (excluding processing).

According to SIMCOE, Iron Horse CDP is a natural gas production facility and not a natural gas

transmission or storage facility. Therefore, Subpart HHH does not apply.

40 CFR Part 63, Subpart ZZZZ (RICE MACT): National Emission Standards for Hazardous Air

Pollutants for Stationary Reciprocating Internal Combustion Engines. This rule establishes national

emission limitations and operating limitations for HAPs emitted from stationary spark ignition internal

combustion engines (SI ICE) and stationary compression ignition internal combustion engines (CI ICE).

For the purposes of this standard, construction or reconstruction is as defined in §63.2.

Summary of Applicability to Engines at Major HAP Sources

Major HAP Sources

Engine Type

Horse Power Rating

New / Existing

Applicability Trigger Date

SI ICE – All1

≥ 500 hp

New

On or After:

12/19/2002

SI ICE – 4SRB

> 500 hp

Existing

Before:

12/19/2002

SI ICE – All1

≤ 500 hp

New

On or After:

6/12/2006

SI ICE - All1

≤ 500 hp

Existing

Before:

6/12/2006

CI ICE - All2

≥ 500 hp

New

On or After:

12/19/2002

CI ICE – Non Emergency

> 500 hp

Existing

Before:

12/19/2002

CI ICE – All2

≤ 500 hp

New

On or After:

6/12/2006

CI ICE – All2

≤ 500 hp

Existing

Before:

6/12/2006

1. All includes emergency ICE, limited use ICE, ICE that burn land fill or digester gas, 4SLB, 2SLB, and 4SRB.

2. All includes emergency ICE and limited use ICE.

Summary of Applicability to Engines at Area Hap Sources

Area HAP Sources

Engine Type

Horse Power Rating

New / Existing

Applicability Trigger Date

SI ICE - All1

All hp

New

On or After:

SI ICE - All1

All hp

Existing

Before:

CI ICE - All2

All hp

New

On or After:

CI ICE - All2

All hp

Existing

Before:

1. All includes emergency ICE, limited use ICE, ICE that burn land fill or digester gas, 4SLB, 2SLB, and 4SRB.

2. All includes emergency ICE and limited use ICE

6/12/2006

Applicability of 40 CFR 63, Subpart ZZZZ to Iron Horse Central Delivery Point:

Unit

Serial Number

Unit Description

Fuel

Site

Rated HP

Commenced

Construction or

Reconstruction Date

IH1

BEN/4WF00102

Caterpillar G3608 4SLB SI

Compressor Engine

Natural Gas

2,478

Prior to 12/19/2002

IH2

BEN00371

Caterpillar G3608 4SLB

SI Compressor Engine

Natural Gas

2,331

After 12/19/2002

According to SIMCOE, the Iron Horse CDP is a major source of HAPs as defined in subpart

ZZZZ. Emission unit IH1 was constructed prior to 12/19/2002 and has not been reconstructed

since that date. Therefore, IH1 is considered existing 4SLB RICE under Subpart ZZZZ. In

accordance with §63.6590(b)(3)(ii), existing 4SLB RICE with a site-rated horsepower greater than

500 located at a major source of HAP emissions do not have to meet the requirements of Subpart

ZZZZ or 40 CFR Part 63, Subpart A, including initial notification requirements. Emission unit

IH2 was constructed after December 19, 2002, and has not been reconstructed since that date.

Therefore, emission unit IH2 is considered a new four-stroke lean burn stationary spark ignition

RICE > 500 site rated horsepower located at a major source of HAP. Therefore, IH2 is subject to

the applicable requirements of Subpart ZZZZ.

40 CFR Part 63, Subpart DDDDD (Boiler MACT): National Emission Standards for Hazardous Air

Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters.

This rule establishes national emission limitations and work practice standards for HAPs emitted from

new and existing industrial boilers, institutional boilers, commercial boilers, and process heaters that are

located at major sources of HAPs. Boilers or process heaters that combust natural gas for fuel or have a

maximum designed heat input capacity less than 10 MMBtu/hr are subject to work practice standards in

lieu of emission limits. For the purposes of this Subpart, an affected unit is an existing unit if it was

constructed prior to June 4, 2010.

According to SIMCOE, Iron Horse CDP is not a major source as defined in this subpart, or in 40

CFR Part 63, Subpart HH. Therefore, Subpart DDDDD does not apply.

40 CFR Part 63, Subpart JJJJJJ: National Emission Standards for Hazardous Air Pollutants for Area

Sources: Industrial, Commercial, and Institutional Boilers. This rule establishes national emission

standards and operating limitations for HAPs emitted from new and existing industrial boilers,

institutional boilers, and commercial boilers, as defined in §63.11237 and are located at area sources of

HAPs, as defined in § 63.2, except as specified in §63.11195. For the purposes of this Subpart, an

affected unit is an existing unit if it was constructed prior to June 4, 2010.

According to SIMCOE, Iron Horse CDP does not have any coal, oil, or biomass boilers at the

facility. Therefore, JJJJJJ does not apply.

Compliance Assurance Monitoring (CAM) Rule

40 CFR Part 64: Compliance Assurance Monitoring Provisions. According to 40 CFR §64.2(a), the

CAM rule applies to each Pollutant Specific Emission Unit (PSEU) at a major source that is required to

obtain a Part 70 or Part 71 permit if the unit satisfies all of the following criteria:

The unit is subject to an emission limitation or standard for the applicable regulated air pollutant

other than an emissions limitation or standard that is exempt under §64.2(b)(1);

“§64.2(b)(1): Exempt emission limitations or standards. The requirements of this part shall not

apply to any of the following emission limitations or standards:

(i)

(ii)

(iii)

(iv)

(v)

(vi)

Emission limitations or standards proposed by the Administrator after November 15, 1990,

pursuant to Section 111 or 112 of the Act;

Stratospheric ozone protection requirements under Title VI of the Act;

Acid Rain Program requirements pursuant to Sections 404, 405, 406, 407(a), 407(b) or 410 of the

Act;

Emissions limitations or standards or other applicable requirements that apply solely under an

emissions trading program approved or promulgated by the Administrator under the Act that

allows for trading emissions with a source or between sources;

An emissions cap that meets the requirements specified in §70.4(b)(12) or §71.6(a)(13)(iii) of this

chapter;

Emission limitations or standards for which a Part 70 or 71 permit specifies a continuous

compliance determination method, as defined in §64.1.”

“§64.1: Continuous compliance method means a method, specified by the applicable standard or

an applicable permit condition, which:

(1) Is used to determine compliance with an emission limitation or standard on a continuous

basis, consistent with the averaging period established for the emission limitation or standard;

and

(2) Provides data either in units of the standard or correlated directly with the compliance limit.”

The unit uses a control device to achieve compliance with any such limit or standard; and

The unit has pre-control device emissions of the applicable regulated pollutant that are equal to or

greater than 100% of the amount, in tons per year, required for a source to be classified as a major

source.

According to SIMCOE’s application, emission units IH1 and IH2 are subject to an emission

limitation or standard (RICE MACT) and will both be equipped with a control device (oxicat) to

reduce carbon monoxide and formaldehyde emissions. However, since these emission limitations

or standards were proposed by the administrator after November 15, 1990, according to 40 CFR

64.2(b)(1)(i), these emission limitations or standards are exempt from CAM requirements. The

pre-control emissions for each unit are less than major source thresholds. Therefore, CAM does

not apply.

Chemical Accident Prevention Program

40 CFR Part 68: Chemical Accident Prevention Provisions. This rule applies to stationary sources that

manufacture, process, use, store, or otherwise handle more than the threshold quantity of a regulated

substance in a process. Regulated substances include 77 toxic and 63 flammable substances which are

potentially present in the natural gas stream entering the facility and in the storage vessels located at the

facility. The quantity of a regulated substance in a process is determined according to the procedures

presented under §68.115. The regulations at §68.115(b)(l) and (2)(i) indicate that toxic and flammable

substances in a mixture do not need to be considered when determining whether more than a threshold

quantity is present at a stationary source if the concentration of the substance is below one percent by

weight of the mixture. The regulations at §68.115(b)(2)(iii) indicates that prior to entry into a natural gas

processing plant, regulated substances in naturally occurring hydrocarbon mixtures need not be

considered when determining whether more than a threshold quantity is present at a stationary source.

Naturally occurring hydrocarbon mixtures include condensate, field gas, and produced water.

Based on SIMCOE’s application, Iron Horse CDP does not have regulated substances above the

threshold quantities in this rule. Therefore, the facility is not subject to the requirement to

develop and submit a risk management plan.

Stratospheric Ozone and Climate Protection

40 CFR Part 82, Subpart F: Air Conditioning Units. According to SIMCOE’s application, there are no air

conditioning units at the Iron Horse CDP that contain Class I or Class II refrigerants

(chlorofluorocarbons (CFCs)). However, should SIMCOE obtain any air conditioning units at the Iron

Horse CDP that contain Class I or Class II refrigerants then it must comply with the standards of Part 82

Subpart F for recycling and emissions reduction if they service, maintain, or repair the air conditioning

units in any way or if they dispose of the units.

40 CFR Part 82, Subpart H: Halon Fire Extinguishers. According to SIMCOE’s application, there are no

halon fire extinguishers at Iron Horse CDP. However, should SIMCOE obtain any halon fire

extinguishers, then it must comply with the standards of 40 CFR Part 82, Subpart H for halon emissions

reduction, if it services, maintains, tests, repairs, or disposes of equipment that contains halon or uses

such equipment during technician training. Specifically, SIMCOE would be required to comply with 40

CFR Part 82 and submit an application for a modification to this Title V permit.

Mandatory Greenhouse Gas Reporting

40 CFR Part 98: Mandatory Greenhouse Gas Reporting. This rule requires sources above certain

emission thresholds to calculate, monitor, and report greenhouse gas emissions. The requirements of 40

CFR Part 98 and CAA §307(d)(1)(V), the CAA authority under which 40 CFR Part 98 was promulgated,

however, need not be included in a part 70 permit because those requirements are not included in the

definition of “applicable requirement” in either 40 CFR part 70 or RAC 1-103(11). Although the rule is

not an applicable requirement under 40 CFR Part 70 or the RAC, the source is not relieved from the

requirement to comply with the rule separately from compliance with its Part 70 operating permit. It is

the responsibility of each source to determine whether Part 98 is applicable and to comply, if necessary.

4. Public Participation

a. Public Notice

Per RAC §2-109, all Part 70 draft operating permits shall be publicly noticed and made available for

public comment. Public notice is given by publication in a newspaper of general circulation in the area

where the source is located or in a state publication designed to give general public notice, to persons on

a mailing list developed by the Tribe, including those who request in writing to be on the list, and by

other means if necessary to assure adequate notice to the affected public. If an interested person would

like to be added to the Tribe’s mailing list to be informed of future actions on permits issued by the

Tribe, please send your name and address:

by United State Postal Service to:

by any other delivery service to:

Part 70 Permitting Contact

Southern Ute Indian Tribe

Environmental Programs Department

PO Box 737 MS #84

Ignacio, Colorado 81137

Part 70 Permitting Contact

Southern Ute Indian Tribe

Environmental Programs Department

398 Ouray Drive

Ignacio, Colorado 81137

Public notice for the draft permit was published in the Durango Herald and the Southern Ute Drum on

October 4, 2024, in order to provide opportunity for public comment on the draft permit and the

opportunity to request a public hearing.

b. Opportunity for Comment

Members of the public were given an opportunity to review a copy of the draft permit prepared by the

Tribe, the application, the statement of basis for the draft permit, and all supporting materials for the

draft permit. Copies of these documents were on the Southern Ute Air Quality Program webpage at

https://www.southernute-nsn.gov/justice-and-regulatory/epd/air-quality/, and at:

Southern Ute Indian Tribe

Environmental Programs Department

Air Quality Division

71 Mike Frost Way

Ignacio, Colorado 81137

All documents were available for review at the Southern Ute Indian Tribe’s Environmental Programs

Department office Monday through Friday from 9:00 a.m. to 4:00 p.m. (excluding holidays).

Any interested person was given the opportunity to submit written comments on the draft Part 70

operating permit during the public comment period. The Tribe has considered and addressed comments

in making a final decision on the permit. The Tribe keeps a record of the commenters and of the issues

raised during the public participation process.

Anyone, including the applicant, who believed any condition of the draft permit was inappropriate, could

raise all reasonably ascertainable issues and submit all arguments supporting his or her position by the

close of the public comment period. Any supporting materials submitted must have been included in full

and may not have been incorporated by reference, unless the material had already been submitted as part

of the administrative record in the same proceeding or consisted of Environmental Commission, tribal,

state or Federal statutes and regulations, EPA documents of general applicability, or other generally

available reference material.

c. Opportunity to Request a Hearing

A person may submit a written request for a public hearing to the Part 70 Permit Contact at the addresses

listed above, by stating the nature of the issues to be raised at the public hearing. Based on the number of

hearing requests received, the Tribe will hold a public hearing whenever it finds there is a significant

degree of public interest in a draft operating permit. The Tribe will provide public notice of the public

hearing. If a public hearing is held, any person may submit oral or written statements and data

concerning the draft permit.

d. Public Petitions to the Administrator

In the event the Administrator of the United States Environmental Protection Agency does not object to

issuance of the permit, on the basis that it would not be in compliance with applicable requirements,

within its 45-day review period, any person may then petition the Administrator within 60 days after the

expiration of the Administrator’s 45-day review period to make such objection. Any such petition must

be based only on objections to the permit that were raised with reasonable specificity during the public

comment period unless the petitioner demonstrates that it was impracticable to raise such objections

within such period, or unless the grounds for such objections arose after such period. If the administrator

objects to a permit as a result of this petition, the Tribe shall not issue the permit until the

Administrator’s objection has been resolved, except that a petition for review does not stay the

effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day review

period and before the Administrator’s objection.

e. Appeal of Permits

Within 60 days after the Tribe’s final permit action, an applicant, any person who filed comments on the

draft permit or participated in the public hearing, and any other person who could obtain judicial review

of that action under applicable law, may appeal to the Environmental Commission in accordance with

RAC 2-109(8) and the Commission’s Procedural Rules.

Petitions for administrative review of final permit actions can be filed after the deadline designated by

the Commission only if they are based solely on grounds arising after the deadline for administrative

review has passed. Such petitions shall be filed no later than 60 days after the new grounds for review

arise. If the final permit action being challenged is the Tribe’s failure to take final action, a petition for

administrative review may be filed any time before the Tribe denies or issues the final permit.

f. Notice to Affected States/Tribes

As described in RAC § 2-109(3), public notice will be given by notifying all affected programs.

The following entities will be notified:



State of Colorado, Department of Public Health and Environment

State of New Mexico, Environment Department

Ute Mountain Ute Tribe, Environmental Programs Department

Navajo Tribe, Navajo Nation EPA

Jicarilla Tribe, Environmental Protection Office

National Park Service, Air Resources Division, Denver, CO

U.S. Department of Agriculture, United States Forest Service, Rocky Mountain

Region

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