AIR QUALITY DIVISION (2022)
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AIR QUALITY DIVISION
Environmental Programs Department
Southern Ute Indian Tribe
PO Box 737 MS#84
Ignacio, CO 81137
Phone 970-563-4705
http://www.southernute-nsn.gov/environmental-programs/air-quality
February 12, 2024
Mr. Chad Campbell
Manager, Air and Water Compliance
Public Service Company of Colorado
1800 Larimer Street, Suite 1300
Denver, CO 80202
Re:
Final Part 70 Operating Permit
Title V Permit #V-SUIT-0023-2022.00
Public Service Company of Colorado
Tiffany Compressor Station
Dear Mr. Campbell:
The Southern Ute Indian Tribe Air Quality Division (Tribe) has completed its review of Public Service
Company of Colorado (PSCo) request to renew a Title V Permit to Operate pursuant to the Title V
Operating Permit Program at 40 CFR Part 70, for the Tiffany Compressor Station.
Based on the information submitted in the company’s application, and the comments received during the
public comment period, the Tribe hereby issues the enclosed Title V Permit to Operate. The final permit
will become effective on February 12, 2024.
A 30-day public comment period was held from November 22, 2023 to December 22, 2023. The Tribe
received no comments from PSCo during this time and no comments were received from the public,
affected states, or tribes.
A 45-day Administrative Review period at EPA Region 8 was held from December 27, 2023 to February
10, 2024. No comments were received from EPA Region 8 during this review period.
During the Administrative Review period, the Tribe identified the need to remove the emergency
affirmative defense provisions from the permit, due to the EPA’s finalization on August 21, 2023, of
the rulemaking titled Removal of Title V Emergency Affirmative Defense Provisions From State
Operating Permit Programs and Federal Operating Permit Program. The final rulemaking
required permitting authorities with affirmative defense permit terms based on 40 CFR 70.6(g), to
remove the affirmative defense provisions from Title V operating permits by the next permit renewal
that occurs following the effective date of the EPA rulemaking. EPA Region 8 was notified of this
change to the draft permit.
Pursuant to RAC § 2-109(8), within 60 days after the final permit has been issued, the applicant, any
person who participated in the public comment process and is aggrieved by the action, and any other
person who could obtain judicial review of that action under applicable law, may appeal to the
Environmental Commission in accordance with the Southern Ute Indian Tribe/State of
Colorado Environmental Commission’s Reservation Air Code (RAC) and the Commission’s
Procedural Rules. Additionally, the regulations at RAC § 2-109(7) specify that any person may
petition the EPA Administrator within 60 days after the expiration of the Administrator’s 45-day
review period to make an
objection that the permit would not be in compliance with applicable requirements. Any such petition
must be based only on objections to the permit that were raised with reasonable specificity during the
public comment period unless the petitioner demonstrates that it was impracticable to raise such objections
within such period, or unless the grounds for such objections arose after such period.
If you have any questions concerning the enclosed permit, please contact Matt Wampler at 970-563-2202.
Sincerely,
Matt Wampler
Air Quality Program Manager – Permitting & Regulatory
Southern Ute Indian Tribe
Cc: Adam Eisele – EPA Part 70 Permit Program Oversight Lead – US EPA Region 8
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,
Public Service Company of Colorado
Tiffany 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 4, T32N R6W
La Plata County, Colorado
Terms not otherwise defined in this permit have the meaning assigned to them in the referenced
regulations. All terms and conditions of the permit are enforceable by the Tribe and citizens under
the Clean Air Act.
Daniel Powers, Air Quality Division Head
Environmental Programs Department
Southern Ute Indian Tribe
AIR POLLUTION CONTROL
TITLE V PERMIT TO OPERATE
Public Service Company of Colorado
Tiffany Compressor Station
SUIT Account Identification Code: 2-037
Permit Number: V-SUIT-0023-2022.00
[Replaces Permit No.: V-SUIT-0023-2018.01]
Issue Date: February 12, 2024
Effective Date: February 12, 2024
Expiration Date: February 12, 2029
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
November 22, 2000
Initial Part 71
Permit Issued
# V-SU-0023-00.00
December 6, 2005
1st Renewal
Permit Issued
# V-SU-0023.05.00
November 2007
Minor
Modification,
Administrative
Amendments
# V-SU-0023-05.01
January 30, 2008
Administrative
Amendments
# V-SU-0023-05.02
May 18, 2011
2nd Renewal
Permit Issued
# V-SU-0023-2010.00
September 13, 2013
Initial Part 70
Permit Issued
Replace EPA –issued permit # V-SU-00232010.00
# V-SUIT-0023-2013.00
August 17, 2018
Part 70 Renewal
Permit Issued
Replaces # V-SUIT-0023-2013.00
# V-SUIT-0023.2018.00
November 30, 2021
Minor
Modification
February 12, 2024
2rd Part 70
Renewal Permit
Issued
•
•
•
•
•
•
Removed emission units D001, D002,
and D003.
Incorporated emission in D004
Incorporated emission units D001,
D002, D003
Removed emission unit D004 and E005
Added emission unit E006
Removed affirmative defense provisions
(Section II.1.13)
i
# V-SUIT-0023.2018.01
#V-SUIT-0023.2022.00
Table of Contents
Abbreviations and Acronyms ................................................................................................................................ iv
Section I – Source Information and Emission Unit Identification ............................................................................ 7
Source Information ..........................................................................................................................................7
Source Emission Points ....................................................................................................................................8
Section II – General Requirements ......................................................................................................................... 9
Title V Administrative Requirements ...............................................................................................................9
1.1.
Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118] ........................................................................9
1.2.
Compliance Requirements ..................................................................................................................11
1.3.
Duty to Provide and Supplement Information [RAC 2-110(7)(e), 2-106(5), and 2-124] ....................12
1.4.
Submissions [RAC 2-105] .....................................................................................................................13
1.5.
Severability Clause [RAC 1-106 and RAC 2-110(1)(f)] .........................................................................14
1.6.
Permit Actions [RAC 2-110(3)] ............................................................................................................14
1.7.
Administrative Permit Revision [RAC 2-111(2)] .................................................................................14
1.8.
Minor Permit Revisions [RAC 2-111(3)] ..............................................................................................14
1.9.
Significant Permit Revisions [RAC 2-111(4)] .......................................................................................15
1.10.
Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2-112] .........................16
1.11.
Property Rights [RAC 2-110(3)(e)] .......................................................................................................17
1.12.
Inspection and Entry [RAC 2-110(9)(b)] ..............................................................................................17
1.13.
[Reserved] ............................................................................................................................................17
1.14.
Permit Transfers [RAC 2-113] ..............................................................................................................17
1.15.
Off-Permit Changes [RAC 2-116(2)].....................................................................................................18
1.16.
Permit Expiration and Renewal ..........................................................................................................18
Facility-Wide Requirements...........................................................................................................................19
2.1.
General Recordkeeping Requirements [RAC 2-110(6)] ......................................................................19
2.2.
General Reporting Requirements .......................................................................................................20
2.3.
Alternative Operating Scenarios [RAC 2-110(8)] ................................................................................21
2.4.
Permit Shield [RAC 2-110(10)(c)].........................................................................................................23
2.5.
Stratospheric Ozone and Climate Protection [40 CFR Part 82] ..........................................................24
Section III – Site Specific Permit Terms ................................................................................................................ 25
New Source Performance Standards (NSPS) and 40 CFR Part 60 ..................................................................25
1.1.
40 CFR Part 60, Subpart JJJJ – Standards of Performance for Stationary Spark Ignition Internal
Combustion Engines [40 CFR 60.4230 – 60.4248, RAC 4-103] ..........................................................................25
National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR Part 63 ...........................33
2.1.
40 CFR Part 63, Subpart ZZZZ – National Emission Standards for Hazardous Air Pollutants for
Reciprocating Internal Combustion Engines [40 CFR 63.6580 – 63.6675, RAC 4-103] .....................................33
Reserved – Tribal Minor New Source Review ................................................................................................42
Reserved – Prevention of Significant Deterioration Requirements ...............................................................42
Reserved – Consent Decree Requirements ....................................................................................................42
Reserved – Compliance Assurance Monitoring (CAM) Requirements ...........................................................42
ii
Enhanced Monitoring, Recordkeeping, and Reporting..................................................................................42
Section IV – Appendix .......................................................................................................................................... 42
Inspection Information ..................................................................................................................................42
1.1.
Driving Directions: ...............................................................................................................................42
1.2.
Global Positioning System (GPS): .......................................................................................................43
1.3.
Safety Considerations: ........................................................................................................................43
iii
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
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
iv
Tribe
US EPA
VOC
Southern Ute Indian Tribe
United States Environmental Protection Agency
Volatile Organic Compounds
v
Table of Figures
Table 1 - Emission Units................................................................................................................. 2
Table 2 - Insignificant Emission Units ........................................................................................... 8
vi
Section I – Source Information and Emission Unit Identification
Source Information
Owner Name:
Facility Name:
Facility Location:
Latitude:
Longitude:
State:
County:
Responsible Official:
SIC Code:
ICIS Identification Number:
EPA Facility Registry ID:
Other Clean Air Act Permits
Public Service Company of Colorado
Tiffany Compressor Station
Section 4, T32N R6W
37.05054° N
-107.5121694° W
Colorado
La Plata
Chad Campbell – Manager, Environmental Services
4922
SU00000008067U0007
110055558962
None
Process Description:
The Tiffany Compressor Station conditions natural gas to pipeline quality for delivery to Xcel
Energy, Public Service Company of Colorado (PSCo) customers. The facility compresses natural
gas using three compressor engines and removes water from the gas stream using three
dehydrators. The gas is then odorized and delivered into a PSCo pipeline that provides gas to
Pagosa Springs, the San Luis Valley, and the PSCo mountain customers. This facility is classified
as a natural gas transmission facility defined under Standard Industrial Classification 4922.
The primary emission sources are three natural gas-fired four-stroke rich-burn (4SRB) spark
ignition (SI) compressor engines and three triethylene glycol (TEG) dehydrators.
7
Source Emission Points
Table 1 - Emission Units
Emission
Unit ID
Control
Equipment
Description
3 – White Superior 8G-825 (4SRB SI) Compressor Engines, 800 nameplate
rated hp
E001
Serial No.
21086
Install Date:
11/15/1974
E002
Serial No.
286139
Install Date:
01/01/1977
E003
Serial No.
274239
Install Date:
01/01/1980
None
2 – Triethylene Glycol (TEG) Dehydration Unit, 14 MMscf/day
D001
Serial No.
N/A
Install Date:
01/01/1974
D002
Serial No.
N/A
Install Date:
01/01/1974
None
1 – Triethylene Glycol (TEG) Dehydration Unit, 10 MMscf/day
D003
Serial No.
N/A
Install Date:
01/01/2003
Table 2 - Insignificant Emission Units
Emission
Unit ID
Amount
Description
Size
Units
D001, D002
N/A
N/A
N/A
N/A
N/A
D003
N/A
E006
N/A
N/A
2
2
1
1
1
1
1
1
1
5
2
Glycol Reboiler Burners for D001 and D002
Plastic Triethylene Glycol Above Ground Storage Tank
Oil Tank
Underground Used Oil Tank
Water / Oil Tank
Elastec Inc. Smart Ash Burner
TEG Reboiler for D003
Ethylene Glycol Coastal 50 Coolant Above Ground Tank
Generac Emergency Generator, (4SRB) 374 site rated hp
Separator Radiant Heaters
Window Mounted Air Conditioner
0.625
500
1,100
560
2,000
N/A
0.35
1,057
250
0.025
N/A
MMBtu/hr
gal
gal
gal
gal
N/A
MMBtu/hr
gal
KW
MMBtu/hr
N/A
8
Section II – General Requirements
Title V Administrative Requirements
1.1. Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118]
1.1.1. An annual operating permit emission fee shall be paid to the Tribe by the
permittee.
[RAC 2-118(2)]
1.1.2. The permittee shall pay the annual permit fee each year no later than April 1st for
the preceding calendar year.
[RAC 2-118(2)]
1.1.3. Fee payments shall be remitted in the form of a money order, bank draft, certified
check, corporate check, or electronic funds transfer payable to the Southern Ute
Indian Tribe and sent or delivered by the United States Postal Service c/o
Environmental Programs Department Part 70 Program, P.O. Box 737 MS #84,
Ignacio, Colorado 81137; or by common carrier (such as UPS or FedEx) c/o
Environmental Programs Department Part 70 Program, 398 Ouray Drive, Ignacio,
Colorado 81137.
[RAC 2-118(4)(a)]
1.1.4. The permittee shall send an updated fee calculation worksheet submitted annually
by the same deadline as required for fee payment to the address listed in the
Submissions section of this permit.
[RAC 2-118]
1.1.5. The permittee shall submit the initial fee calculation work sheet using the most
recent form provided by the Tribe.
[RAC 2-118(2)(c)]
1.1.6. Basis for calculating annual fee:
1.1.6.1.
Subtotal annual fees shall be calculated by multiplying the applicable
emission fee set pursuant to RAC § 2-119(1) of this code times the total
tons of actual emissions for each fee pollutant. In lieu of actual emissions,
annual fees may be calculated based on the potential to emit for each fee
pollutant. Emissions of any regulated air pollutant that already are
included in the fee calculation under a category of regulated pollutant,
such as a federally listed hazardous air pollutant that is already accounted
for as a VOC or as PM10, shall be counted only once in determining the
source’s actual emissions.
[RAC 2-119(2)(a)]
9
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 tons per year.
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)]
10
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
11
with the provisions of the RAC and the Clean Air Act, applicable
regulations thereunder, and any other applicable law or regulation.
[RAC 2-110(3)(g)]
1.2.1.5.
For the purpose of submitting compliance certifications in accordance
with the Compliance Certifications condition below of this permit, or
establishing whether or not a person has violated or is in violation of any
requirement of this permit, nothing shall preclude the use, including the
exclusive use, of any credible evidence or information, relevant to whether
a source would have been in compliance with applicable requirements if
the appropriate performance or compliance test or procedure had been
performed.
[Section 113(a) and 113(e)(1) of the Act, 40 CFR §§ 51.212, 52.12, 52.33, 60.11(g), and 61.12]
1.2.2. Compliance Certifications
1.2.2.1.
The permittee shall submit to the Tribe and the Administrator an annual
certification of compliance which shall certify the source’s compliance
status with all permit terms and conditions and all applicable requirements
relevant to the source, including those related to emission limitations,
standards, or work practices. The compliance certification shall be
certified as to truth, accuracy, and completeness by a responsible official
consistent with RAC § 2-110(9)(a). The certification of compliance shall
be submitted annually by April 1st and shall cover the preceding calendar
year in which the certification of compliance is due, except that the first
annual certification of compliance will cover the period from the issuance
date of this permit through December 31st of the same year.
[RAC 2-110(9)(c)]
1.2.3. Compliance Schedule
1.2.3.1.
For applicable requirements with which the source is in compliance, the
source will continue to comply with such requirements.
[RAC 2-106(4)(l)(ii)]
1.2.3.2.
For applicable requirements that will become effective during the permit
term, the source shall meet such requirements on a timely basis.
[RAC 2-106(4)(l)(iii)]
1.3. Duty to Provide and Supplement Information [RAC 2-110(7)(e), 2-106(5), and 2124]
1.3.1. The permittee shall furnish to the Tribe, within the period specified by the Tribe,
any information that the Tribe request in writing to determine whether cause
12
exists for reopening and revising, revoking, and reissuing, or terminating the
permit, or to determine compliance with the permit. Upon request, the permittee
shall also furnish to the Tribe copies of records that are required to be kept by the
permit, including information claimed to be confidential. Information claimed to
be confidential must be accompanied by a claim of confidentiality according to
the provisions of RAC 2-124.
[RAC 2-110(7)(e) and RAC 2-124]
1.3.2. The permittee, upon becoming aware that any relevant facts were omitted or
incorrect information was submitted in the permit application or in a supplemental
submittal, shall promptly submit such supplementary facts or corrected
information. In addition, a permittee shall provide additional information as
necessary to address any requirements that become applicable after the date a
complete application is filed, but prior to release of a draft permit.
[RAC 2-106(5)]
1.4. Submissions [RAC 2-105]
1.4.1. Any application, form, report, compliance certification, or other document
submitted by the permittee under this permit shall contain a certification by a
responsible official of truth, accuracy, and completeness. This certification shall
state that, based on information and belief formed after reasonable inquiry, the
statements and information in the document are true, accurate, and complete.
[Explanatory Note: The Tribe has developed a reporting form “CTAC” for certifying
truth, accuracy and completeness of part 70 submissions. The form may be found on the
AQD’s website (https://www.southernute-nsn.gov/government/departments/epd/airquality/).]
1.4.2. Except where otherwise noted, any documents required to be submitted under this
permit, including reports, test data, monitoring data, notifications, compliance
certifications, fee calculation worksheets, and applications for renewals and
permit modifications shall be submitted:
by email at: airquality@southernute-nsn.gov
or by United States Postal Service:
Part 70 Program
Environmental Programs Department
Air Quality Division
P.O. Box 737 MS #84
Ignacio, Colorado 81137
or by Common Carrier:
Part 70 Program
Environmental Programs Department
Air Quality Division
398 Ouray Drive
Ignacio, CO 81137
13
1.5. Severability Clause [RAC 1-106 and RAC 2-110(1)(f)]
The provisions of this permit are severable, and in the event of any challenge to any portion
of this permit, or if any provision is held invalid, the remaining permit conditions shall
remain valid and in force.
1.6. Permit Actions [RAC 2-110(3)]
1.6.1. This permit may be modified, reopened and revised, revoked and reissued, or
terminated for cause.
[RAC 2-110(3)(c)]
1.6.2. The filing by the permittee of a request for a permit revision, reissuance, or
termination, or of a notification of planned changes or anticipated noncompliance
shall not stay any permit condition.
[RAC 2-110(3)(d)]
1.7. Administrative Permit Revision [RAC 2-111(2)]
1.7.1. The permittee may submit an application for an administrative permit revision as
defined in RAC § 1-103.
[RAC 2-111(2)(a)]
1.7.2. The permittee may implement an administrative permit revision immediately
upon submittal of the request for the administrative revision.
[RAC 2-111(2)(c)]
[Note to permittee: If the provisions allowing for an administrative permit revision do not apply,
please contact the Air Quality Division for a determination of similarity prior to submitting your
request for an administrative permit revision.]
1.8. Minor Permit Revisions [RAC 2-111(3)]
1.8.1. The permittee may submit an application for a minor permit revision as defined in
RAC § 1-103.
1.8.2. An application requesting the use of minor permit revision procedures shall meet
the requirements of RAC § 2-106(4) and shall include the following:
1.8.2.1.
A description of the change, the emissions resulting from the change, and
any new applicable requirements that will apply if the change occurs;
1.8.2.2.
If changes are requested to the permit language, the permittee’s suggested
draft permit changes;
14
1.8.2.3.
Certification by a responsible official, consistent with RAC § 2-105, that
the proposed revision meets the criteria for use of minor permit revision
procedures and a request that such procedures be used; and
1.8.2.4.
Completed forms for the Tribe to use to notify the Administrator and
affected programs as required under RAC § 2-108.
1.8.2.5.
If the requested permit revision would affect existing compliance plans or
schedules, related progress reports, or certification of compliance
requirements, and an outline of such effects.
[RAC 2-111(3)(a)]
1.8.3. The permittee shall not submit multiple minor permit revision applications that
may conceal a larger revision that would not constitute a minor permit revision.
[RAC 2-111(3)(b)]
1.8.4. The permittee may make the change proposed in its minor permit revision
application immediately after it files such application, provided, however, for
sources that have previously utilized this provision during the term of the permit
and, on two or more occasions have failed to file a complete application, may
thereafter make the change only after the application is deemed complete. After
the permittee makes the change and until the Tribe takes any of the actions
specified in the following subsection, the permittee must comply with both the
applicable requirements governing the change and the proposed permit terms and
conditions. During this period, the permittee need not comply with the existing
permit terms and conditions it seeks to modify. If the permittee fails to comply
with its proposed permit terms and conditions during this period, however, the
existing permit terms and conditions it seeks to modify may be enforced against
it. The filing of a minor permit revision application does not authorize
construction or modification of a source under the NSR preconstruction permit
program. It is the permittee’s responsibility to determine if a preconstruction
permit is required prior to commencing construction, modification, or
reconstruction.
[RAC 2-111(3)(e)]
1.8.5. The permit shield under RAC § 2-110(10) does not extend to minor permit
revisions.
[RAC 2-110(10)(d)]
1.9. Significant Permit Revisions [RAC 2-111(4)]
1.9.1. The permittee must request the use of significant permit revision procedures as
defined in RAC § 1-103.
15
1.9.2. Significant permit revisions shall meet all requirements of the RAC for permit
issuance and renewal, including those for applications, review by the
Administrator and affected programs, and public participation.
[RAC 2-111(4), 2-109, and 2-106(3)]
1.10.
Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2112]
1.10.1. The permit may be reopened and revised for any of the reasons listed in the
paragraphs below. Alternatively, the permit may be revoked and reissued for the
reasons listed in the paragraphs below:
1.10.1.1.
Additional requirements under the Clean Air Act become applicable to a
major source with a remaining permit term of 3 or more years, provided
that the Tribe shall revise such permits to incorporate such additional
requirements no later than 18 months after promulgation of such
requirements, and no such reopening is required if the effective date of the
requirement is later than the permit expiration date unless the original
permit or any of its terms or conditions have been extended past the permit
expiration date pursuant to RAC § 2-104(2)(b)(iii);
1.10.1.2.
Additional requirements (including excess emissions requirements)
become applicable to an affected source under the acid rain program.
Upon approval by the Administrator, excess emissions offset plans shall
be deemed to be incorporated into the permit;
1.10.1.3.
The Tribe or the Administrator determines that the permit contains a
material mistake or that inaccurate statements were made in establishing
the terms or conditions of the permit; or
1.10.1.4.
The Tribe or the Administrator determines that the permit must be revised
or revoked and reissued to assure compliance with applicable
requirements.
1.10.2. The permit may be terminated for any of the reasons listed below:
1.10.2.1.
The permittee fails to meet the requirements of an approved compliance
plan;
1.10.2.2.
The permittee has been in significant or repetitious noncompliance with
the operating permit terms or conditions;
1.10.2.3.
The permittee has exhibited a history of willful disregard for
environmental laws of any tribal or state authority, or of the United States;
16
1.11.
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
1.10.2.7.
The Administrator has found that cause exists to terminate the permit.
Property Rights [RAC 2-110(3)(e)]
This permit does not convey any property rights of any sort, or any exclusive privilege.
1.12.
Inspection and Entry [RAC 2-110(9)(b)]
Upon presentation of credentials and other documents as may be required by law, the
permittee shall allow authorized representatives of the Tribe or other authorized
representative to perform the following:
1.12.1. Enter upon the permittee’s premises where a source is located or emissionsrelated activity is conducted, or where records must be kept under the conditions
of the permit;
1.12.2. Have access to and copy, at reasonable times, any records that must be kept under
the conditions of the permit;
1.12.3. Inspect at reasonable times any facilities, equipment (including monitoring and air
pollution control equipment), practices, or operations regulated or required under
the permit; and
1.12.4. As authorized by the Clean Air Act, sample or monitor at reasonable times
substances or parameters for the purpose of assuring compliance with the permit
or applicable requirements.
1.13.
[Reserved]
1.14.
Permit Transfers [RAC 2-113]
1.14.1. This permit shall not be transferable, by operation of law or otherwise, from one
location to another or from one source to another, except that a permit may be
transferred from one location to another in the case of a portable source that has
notified the Tribe in advance of the transfer, pursuant to the RAC. A permit for a
17
source may be transferred from one person to another if the Tribe finds that the
transferee is capable of operating the source in compliance with the permit. This
transfer must be accomplished through an administrative permit revision in
accordance with the Administrative Permit Revisions section of this permit.
1.15.
Off-Permit Changes [RAC 2-116(2)]
1.15.1. The permittee is allowed to make, without a permit revision, certain changes that
are not addressed or prohibited by this permit provided that the following
requirements are met:
1.15.1.1.
Each such change meets all applicable requirements and shall not violate
any existing permit term or condition;
1.15.1.2.
Such changes are not subject to any requirements under title IV of the
Clean Air Act and are not modifications under title I of the Clean Air Act;
1.15.1.3.
Such changes are not subject to permit revision procedures under RAC §
2-111; 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.
18
[RAC 2-110(1)(a)]
1.16.2. Expiration of this permit terminates the permittee’s right to operate unless a
timely and complete permit renewal application has been submitted at least 6
months but not more than 18 months prior to the date of expiration of this permit.
[RAC 2-107(7)(b)]
1.16.3. If the permittee submits a timely and complete permit application for renewal,
consistent with RAC § 2-106 but the Tribe has failed to issue or disapprove a
renewal permit before the end of the permit term, then the permit shall not expire
and all its terms and conditions shall remain in effect until the renewal permit has
been issued or disapproved.
[RAC 2-104(2)(b)]
1.16.4. The ability to operate under this permit shall cease if (1) the Tribe takes final
action to issue the permittee a renewal permit or deny the permittee a permit or
(2) the permittee fails to submit by the deadline specified in writing by the Tribe
any additional information identified as being needed to process the application.
[RAC 2-104(3)]
1.16.5. Renewal of this permit is subject to the same procedures, including those for
public participation and affected program and EPA review, as those that apply to
initial permit issuance.
[RAC 2-107(7)(a)]
1.16.6. The application for renewal shall include the current permit number, description
of permit revisions and off permit changes that occurred during the permit term,
any applicable requirements that were promulgated and not incorporated into the
permit during the permit term, and other information required by the application
form.
[RAC 2-106(4)(e)(ix)]
Facility-Wide Requirements
Conditions in this section of the permit apply to all emissions units located at the facility,
including any units not specifically listed in Table 1 or Table 2 of the Source Emission Points
section of this permit.
[RAC 2-110(1)(d)]
2.1. General Recordkeeping Requirements [RAC 2-110(6)]
The permittee shall comply with the following generally applicable recordkeeping
requirements:
2.1.1. If the permittee determines that his or her stationary source that emits (or has the
potential to emit, without federally recognized controls) one or more hazardous
19
air pollutants is not subject to a relevant standard or other requirement established
under 40 CFR part 63, the permittee shall keep a record of the applicability
determination, for a period of five years after the determination, or until the
source changes its operations to become an affected source, whichever comes
first. Each of these records shall be made available to the Tribe upon request. The
record of the applicability determination shall include an analysis (or other
information) that demonstrates why the permittee believes the source is
unaffected (e.g., because the source is an area source).
[40 CFR 63.10(b)(3)]
2.1.2. Records shall be kept of off permit changes made, as required by the Off Permit
Changes section of this permit.
2.2. General Reporting Requirements
2.2.1. The permittee shall submit to the Tribe all reports of any required monitoring
under this permit semiannually, by April 1 and October 1 of each year. The
report due on April 1 shall cover the July 1 - December 31 reporting period of the
previous calendar year. The report due on October 1 shall cover the January 1 June 30 reporting period of the current calendar year. All instances of deviations
from permit requirements shall be clearly identified in such reports. All required
reports shall be certified by a responsible official consistent with the Submissions
section of this permit.
[RAC 2-110(7)(a)]
2.2.2. “Deviation” means any situation in which an emissions unit fails to meet a permit
term or condition. A deviation is not always a violation. A deviation can be
determined by observation or through review of data obtained from any testing,
monitoring, or recordkeeping established in accordance with RAC 2-110(5) and
(6). For a situation lasting more than 24 hours which constitutes a deviation, each
24 hour period is considered a separate deviation. Included in the meaning of
deviation are any of the following:
2.2.2.1.
A situation where emissions exceed an emission limitation or standard;
2.2.2.2.
A situation where process or emissions control device parameter values
indicate that an emission limitation or standard has not been met; or
2.2.2.3.
A situation in which observations or data collected demonstrate
noncompliance with an emission limitation or standard or any work
practice or operating condition required by the permit.
20
2.2.2.4.
A situation in which an exceedance or an excursion, as defined in 40 CFR
Part 64 occurs.
[RAC 1-103(21)]
2.2.3. The permittee shall promptly report to the Tribe deviations from permit
requirements, (including emergencies), including the date, time, duration, and the
probable cause of such deviations, the quantity and pollutant type of excess
emissions resulting from the deviation, and any preventative, mitigation, or
corrective actions or measures taken. Prompt deviation reports shall be submitted
to the following email address: airquality@southernute-nsn.gov
2.2.4.
“Prompt” is defined as follows:
2.2.4.1.
Where the underlying applicable requirement contains a definition of
“prompt” or otherwise specifies a time frame for reporting deviations, that
definition or time frame shall govern.
2.2.4.2.
Where the underlying applicable requirement fails to address the time
frame for reporting deviations, reports of deviations will be submitted
based on the following schedule:
2.2.4.2.1.
For emissions of a hazardous air pollutant or a toxic air pollutant
(as identified in the applicable regulation) that continue for more
than an hour in excess of permit requirements, the report must be
made by email, telephone, verbal, or facsimile communication by
the close of business the next working day, upon discovery of the
occurrence, and in writing within 10 working days from the
occurrence;
2.2.4.2.2.
For emissions of any regulated air pollutant, excluding those listed
in RAC § 2-110(7)(b)(i), that continue for more than 2 hours in
excess of permit requirements, the report must be made by email,
telephone, verbal, or facsimile communication by the close of
business the next working day, upon discovery of the occurrence,
and in writing within 10 working days from the occurrence;
2.2.4.2.3.
For all other deviations from permit requirements, the report shall
be contained in the report submitted with the semi-annual
monitoring report.
[RAC 2-110(7)(b)]
2.3. Alternative Operating Scenarios [RAC 2-110(8)]
21
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 being replaced.
2.3.1.3.
The replacement engine or turbine meets all applicable requirements
identified in this permit that apply to the existing engine 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;
22
2.3.1.4.7.
Requirements established in a permit or permits issued pursuant to
the Federal Minor New Source Review Program in Indian Country
at 40 CFR Part 49;
2.3.1.4.8.
Requirements established in a permit or permits issued pursuant to
the Prevention of Significant Deterioration of Air Quality Program
at 40 CFR Part 52; or
2.3.1.4.9.
Requirements established in any promulgated Federal
Implementation Plan that may apply to engines located on the
Southern Ute Indian Reservation.
2.3.2. The permittee shall provide contemporaneous written notice to the Tribe and the
Administrator of any replacement of an existing engine or turbine identified in
this permit. Such notice shall state when the replacement occurred and shall
describe the replacement and any applicable requirement that would apply as a
result of the replacement.
2.3.3. The permittee shall keep a record of the engine or turbine replacement.
2.3.4. The use of a backup thermal oxidizer (Unit 22a) with equivalent capacity and
emission destruction efficiency and configured to operate in the same manner as
the primary thermal oxidizer (Unit 22) 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 Unit 22a 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 in accordance with the PSD Permit
deviation reporting requirements outlined in this permit.
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;
23
2.4.2. The liability of a permittee for any violation of applicable requirements prior to or
at the time of permit issuance;
2.4.3. The applicable requirements of the acid rain program consistent with section
408(a) of the Act; or
2.4.4. The ability of the Administrator respectively to obtain information from a source
pursuant to Section 114 of the Clean Air Act, 42 U.S.C. § 7414.
2.5. Stratospheric Ozone and Climate Protection [40 CFR Part 82]
The permittee shall comply with the standards for recycling and emissions reduction
pursuant to 40 CFR Part 82, Subpart F:
2.5.1. Persons opening appliances for maintenance, service, repair, or disposal must
comply with the required practices pursuant to 40 CFR §82.156.
2.5.2. Equipment used during the maintenance, service, repair, or disposal of appliances
must comply with the standards for recycling and recovery equipment pursuant to
40 CFR §82.158.
2.5.3. Persons performing maintenance, service, repair, or disposal of appliances must
be certified by an approved technician certification program pursuant to 40 CFR
§82.161.
24
Section III – Site Specific Permit Terms
New Source Performance Standards (NSPS) and 40 CFR Part 60
1.1. 40 CFR Part 60, Subpart JJJJ – Standards of Performance for Stationary Spark
Ignition Internal Combustion Engines [40 CFR 60.4230 – 60.4248, RAC 4-103]
This facility is subject to the requirements of 40 CFR Part 60, Subpart JJJJ for fourstroke rich burn (4SRB) emergency stationary spark ignition (SI) internal combustion
engines (ICE) with a maximum engine power greater than or equal to 100 brake
horsepower (HP) commenced construction after June 12, 2006 and manufactured after
January 1, 2009. Notwithstanding conditions in this permit, the permittee shall comply
with all applicable requirements of 40 CFR Part 60, Subpart JJJJ.
1.1.1.
Affected Sources
The following emission units are considered affected sources under 40 CFR Part
60, Subpart JJJJ:
E006 – Generac SG-250 Emergency Generator (4SRB), 374 Nameplate Rated HP
1.1.2.
Emission Standards for Owners and Operators
1.1.2.1.
[40 CFR 60.4230]
Owners and operators of stationary SI ICE with a maximum engine power
greater than or equal to 75 KW (100 HP) (except gasoline and rich burn
25
engines that use LPG) must comply with the emission standards in Table 1
to this subpart for their stationary SI ICE.
[40 CFR 60.4233]
Table 1 to Subpart JJJJ of Part 60—NOX, CO, and VOC Emission Standards Stationary Emergency Engines >25 HP
Emission standardsa
Engine type
and fuel
Maximum
engine power
Emergency
HP≥130
Manufacture
date
g/HP-hr
ppmvd at 15% O2
NOX
CO
VOCd NOX
CO
VOCd
2.0
4.0
1.0
540
86
160
aOwners and operators of stationary non-certified SI engines may choose to comply with the emission standards in units of either
g/HP-hr or ppmvd at 15 percent O2.
dFor purposes of this subpart, when calculating emissions of volatile organic compounds, emissions of formaldehyde should not be
included.
1.1.2.2.
Owners and operators of stationary SI ICE must operate and maintain
stationary SI ICE that achieve the emission standards as required in
§60.4233 over the entire life of the engine.
[40 CFR 60.4234]
1.1.3. Other Requirements for Owners and Operators
1.1.3.1.
For emergency stationary SI ICE with a maximum engine power of
greater than 19 KW (25 HP), owners and operators may not install engines
that do not meet the applicable requirements in §60.4233 after January 1,
2011.
[40 CFR 60.4236(c)]
1.1.3.2.
If the emergency stationary SI internal combustion engine that is greater
than or equal to 130 HP and less than 500 HP that was built on or after
January 1, 2011, does not meet the standards applicable to non-emergency
engines, the owner or operator must install a non-resettable hour meter.
[40 CFR 60.4237]
1.1.4. Compliance Requirements for Owners and Operators
1.1.4.1.
If you are an owner or operator of a stationary SI internal combustion
engine and must comply with the emission standards specified in §
26
60.4233(d) or (e), you must demonstrate compliance according to the
method specified in paragraph (b)(1) below.
1.1.4.1.1.
Purchasing an engine certified according to procedures specified in
this subpart, for the same model year and demonstrating
compliance according to paragraph § 60.4243(a)(1) as specified in
the subparagraph below.
[40 CFR 60.4243(b)(1)]
1.1.4.1.1.1.
If you operate and maintain the certified stationary SI
internal combustion engine and control device according to
the manufacturer's emission-related written instructions,
you must keep records of conducted maintenance to
demonstrate compliance, but no performance testing is
required if you are an owner or operator. You must also
meet the requirements as specified in 40 CFR part 1068,
subparts A through D, as they apply to you. If you adjust
engine settings according to and consistent with the
manufacturer's instructions, your stationary SI internal
combustion engine will not be considered out of
compliance.
[40 CFR 60.4243(a)(1)]
1.1.4.2.
If you own or operate an emergency stationary ICE, you must operate the
emergency stationary ICE according to the requirements in paragraphs in
the section below. In order for the engine to be considered an emergency
stationary ICE under this subpart, any operation other than emergency
operation, maintenance and testing, emergency demand response, and
operation in non-emergency situations for 50 hours per year, as described
in paragraphs of the section below, is prohibited. If you do not operate the
engine according to the requirements in paragraphs of the section below,
the engine will not be considered an emergency engine under this subpart
and must meet all requirements for non-emergency engines.
[40 CFR 60.4243(d)]
1.1.4.2.1.
There is no time limit on the use of emergency stationary ICE in
emergency situations.
[40 CFR 60.4243(d)(1)]
1.1.4.2.2.
You may operate your emergency stationary ICE for any
combination of the purposes specified in paragraphs of the section
below for a maximum of 100 hours per calendar year. Any
27
operation for non-emergency situations as allowed by paragraph
discussing non-emergency operations below counts as part of the
100 hours per calendar year allowed by this paragraph.
[40 CFR 60.4243(d)(2)]
1.1.4.2.2.1.
Emergency stationary ICE may be operated for
maintenance checks and readiness testing, provided that the
tests are recommended by federal, state or local
government, the manufacturer, the vendor, the regional
transmission organization or equivalent balancing authority
and transmission operator, or the insurance company
associated with the engine. The owner or operator may
petition the Administrator for approval of additional hours
to be used for maintenance checks and readiness testing,
but a petition is not required if the owner or operator
maintains records indicating that federal, state, or local
standards require maintenance and testing of emergency
ICE beyond 100 hours per calendar year.
[40 CFR 60.4243(d)(2)(i)]
1.1.4.2.3.
Emergency stationary ICE may be operated for up to 50 hours per
calendar year in non-emergency situations. The 50 hours of
operation in non-emergency situations are counted as part of the
100 hours per calendar year for maintenance and testing and
emergency demand response provided in paragraph of this section
above discussing maximum hourly usage. Except as provided in
the paragraph of this section below, the 50 hours per year for nonemergency situations cannot be used for peak shaving or nonemergency demand response, or to generate income for a facility to
an electric grid or otherwise supply power as part of a financial
arrangement with another entity.
[40 CFR 60.4243(d)(3)]
1.1.4.2.3.1.
The 50 hours per year for non-emergency situations can be
used to supply power as part of a financial arrangement
with another entity if all of the following conditions are
met:
[40 CFR 60.4243(d)(3)(i)]
28
1.1.4.2.3.1.1.
The engine is dispatched by the local balancing
authority or local transmission and distribution
system operator;
1.1.4.2.3.1.2.
The dispatch is intended to mitigate local
transmission and/or distribution limitations so as to
avert potential voltage collapse or line overloads
that could lead to the interruption of power supply
in a local area or region.
1.1.4.2.3.1.3.
The dispatch follows reliability, emergency
operation or similar protocols that follow specific
NERC, regional, state, public utility commission or
local standards or guidelines.
1.1.4.2.3.1.4.
The power is provided only to the facility itself or to
support the local transmission and distribution
system.
1.1.4.2.3.1.5.
The owner or operator identifies and records the
entity that dispatches the engine and the specific
NERC, regional, state, public utility commission or
local standards or guidelines that are being followed
for dispatching the engine. The local balancing
authority or local transmission and distribution
system operator may keep these records on behalf
of the engine owner or operator.
[40 CFR 60.4243(d)(3)(A)-(D)]
1.1.4.3.
Owners and operators of stationary SI natural gas fired engines may
operate their engines using propane for a maximum of 100 hours per year
as an alternative fuel solely during emergency operations, but must keep
records of such use. If propane is used for more than 100 hours per year in
an engine that is not certified to the emission standards when using
propane, the owners and operators are required to conduct a performance
test to demonstrate compliance with the emission standards of § 60.4233.
[40 CFR 60.4243(e)]
1.1.4.4.
If you are an owner or operator of a stationary SI internal combustion
engine that is less than or equal to 500 HP and you purchase a noncertified engine or you do not operate and maintain your certified
stationary SI internal combustion engine and control device according to
the manufacturer's written emission-related instructions, you are required
to perform initial performance testing as indicated in this section, but you
29
are not required to conduct subsequent performance testing unless the
stationary engine undergoes rebuild, major repair or maintenance. Engine
rebuilding means to overhaul an engine or to otherwise perform extensive
service on the engine (or on a portion of the engine or engine system). For
the purpose of this paragraph (f), perform extensive service means to
disassemble the engine (or portion of the engine or engine system), inspect
and/or replace many of the parts, and reassemble the engine (or portion of
the engine or engine system) in such a manner that significantly increases
the service life of the resultant engine.
[40 CFR 60.4243(f)]
1.1.4.4.1.
It is expected that air-to-fuel ratio controllers will be used with the
operation of three-way catalysts/non-selective catalytic reduction.
The AFR controller must be maintained and operated appropriately
in order to ensure proper operation of the engine and control
device to minimize emissions at all times.
[40 CFR 60.4243(g)]
1.1.4.5.
If you are an owner or operator of a modified or reconstructed stationary
SI internal combustion engine and must comply with the emission
standards specified in § 60.4233(f), you must demonstrate compliance
according to one of the methods specified in paragraphs (i)(1) or (2) of
this section.
1.1.4.5.1.
Purchasing, or otherwise owning or operating, an engine certified
to the emission standards in § 60.4233(f), as applicable.
1.1.4.5.2.
Conducting a performance test to demonstrate initial compliance
with the emission standards according to the requirements
specified in § 60.4244. The test must be conducted within 60 days
after the engine commences operation after the modification or
reconstruction.
[40 CFR 60.4243(i)]
1.1.5. Notification, Reports, and Records for Owners and Operators
1.1.5.1.
Owners or operators of stationary SI ICE must meet the following
notification, reporting and recordkeeping requirements.
1.1.5.1.1.
Owners and operators of all stationary SI ICE must keep records of
the information in the three paragraphs of the section below.
30
1.1.5.1.1.1.
All notifications submitted to comply with this subpart and
all documentation supporting any notification.
1.1.5.1.1.2.
Maintenance conducted on the engine.
1.1.5.1.1.3.
If the stationary SI internal combustion engine is not a
certified engine, documentation that the engine meets the
emission standards.
[40 CFR 60.4245(a)]
1.1.5.1.2.
For all stationary SI emergency ICE greater than or equal to 130
HP and less than 500 HP manufactured on or after July 1, 2011
that do not meet the standards applicable to non-emergency
engines, the owner or operator of must keep records of the hours of
operation of the engine that is recorded through the non-resettable
hour meter. The owner or operator must document how many
hours are spent for emergency operation, including what classified
the operation as emergency and how many hours are spent for nonemergency operation.
[40 CFR 60.4245(b)]
1.1.6. General Provisions
1.1.6.1.
Table 3 to this subpart shows which parts of the General Provisions in
§§60.1 through 60.19 apply to you.
Table 3 to Subpart JJJJ of Part 60—Applicability of General Provisions to Subpart JJJJ
General
provisions
citation
Subject of citation
Applies to
subpart
§60.1
General applicability of the Yes
General Provisions
§60.2
Definitions
Yes
§60.3
Units and abbreviations
Yes
§60.4
Address
Yes
31
Explanation
Additional terms defined in §60.4248.
§60.5
Determination of
construction or
modification
Yes
§60.6
Review of plans
Yes
§60.7
Notification and
Recordkeeping
Yes
Except that §60.7 only applies as
specified in §60.4245.
§60.8
Performance tests
Yes
Except that §60.8 only applies to owners
and operators who are subject to
performance testing in subpart JJJJ.
§60.9
Availability of information Yes
§60.10
State Authority
§60.11
Compliance with standards Yes
and
maintenance
requirements
§60.12
Circumvention
Yes
§60.13
Monitoring requirements
No
§60.14
Modification
Yes
§60.15
Reconstruction
Yes
§60.16
Priority list
Yes
§60.17
Incorporations by reference Yes
§60.18
General control
requirements
§60.19
General notification and Yes
reporting requirements
Yes
device No
32
Requirements are specified in subpart
JJJJ.
National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR
Part 63
2.1. 40 CFR Part 63, Subpart ZZZZ – National Emission Standards for Hazardous
Air Pollutants for Reciprocating Internal Combustion Engines [40 CFR 63.6580 –
63.6675, RAC 4-103]
This facility is subject to the requirements of 40 CFR Part 63, Subpart ZZZZ for
existing remote stationary reciprocating internal combustion engines (RICE) with a
site rating of greater than 500 brake horsepower and for existing emergency stationary
RICE with a site-rating of less than 500 brake horsepower 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 ZZZZ.
2.1.1.
Affected Sources
The following emission units are considered affected sources under 40 CFR Part
63, Subpart ZZZZ:
E001 – 658 bhp, White Superior 8G-825 4SRB SI natural gas-fired nonemergency compressor engine constructed or reconstructed before June 12,
2006.
E002 – 658 bhp, White Superior 8G-825 4SRB SI natural gas-fired nonemergency compressor engine constructed or reconstructed before June 12,
2006.
E003 – 658 bhp, White Superior 8G-825 4SRB SI natural gas-fired nonemergency compressor engine constructed or reconstructed before June 12,
2006.
[40 CFR 63.6585]
2.1.2. Emission and Operating Limitations
2.1.2.1.
If you own or operate an existing stationary RICE located at an area
source of HAP emissions, you must comply with the requirements in
Table 2d to this subpart and the operating limitations in this subpart that
apply to you.
[40 CFR 63.6603]
Table 2d to Subpart ZZZZ of Part 63 – Requirements for Existing Stationary RICE
Located at Area Sources of HAP Emissions
33
As stated in §63.6603 and §63.6640, you must comply with the following requirements for existing stationary
RICE located at area sources of HAP emissions:
For Each…
11. Non-emergency, nonblack start 4SRB remote
stationary RICE >500 HP
You must meet the following
emission limitation, except during
periods of startup…
a. Change oil and filter every 2,160
hours of operation or annually,
whichever comes first1;
b. Inspect spark plugs every 2,160
hours of operation or annually,
whichever comes first, and replace as
necessary; and
c. Inspect all hoses and belts every
2,160 hours of operation or annually,
whichever comes first, and replace as
necessary.
During periods of start
up you must…
Minimize the engine's
time spent at idle and
minimize the engine's
startup time at startup to
a period needed for
appropriate and safe
loading of the engine,
not to exceed 30
minutes, after which
time the non-startup
emission limitations
apply.
Sources have the option to utilize an oil analysis program as described in §63.6625(i) or (j) in order to extend the
specified oil change requirement in Table 2d of this subpart.
2
If an emergency engine is operating during an emergency and it is not possible to shut down the engine in order to
perform the management practice requirements on the schedule required in Table 2d of this subpart, or if performing
the management practice on the required schedule would otherwise pose an unacceptable risk under federal, state, or
local law, the management practice can be delayed until the emergency is over or the unacceptable risk under
federal, state, or local law has abated. The management practice should be performed as soon as practicable after the
emergency has ended or the unacceptable risk under federal, state, or local law has abated. Sources must report any
failure to perform the management practice on the schedule required and the federal, state or local law under which
the risk was deemed unacceptable.
1
2.1.2.2.
For emission units E001, E002 and E003: you must evaluate the status of
their stationary RICE every 12 months. Owners and operators must keep
records of the initial and annual evaluation of the status of the engine. If
the evaluation indicates that the stationary RICE no longer meets the
definition of remote stationary RICE in §63.6675 of this subpart, the
owner or operator must comply with all of the requirements for existing
non-emergency SI 4SRB stationary RICE with a site rating of more than
500 HP located at area sources of HAP that are not remote stationary
RICE within 1 year of the evaluation.
[40 CFR 63.6603]
2.1.2.2.1.
In accordance with §63.6675, for stationary RICE located on a
pipeline segment, Remote Stationary RICE must meet the criteria
listed below:
34
2.1.2.2.1.1.
A pipeline segment with 10 or fewer buildings intended
for human occupancy and no buildings with four or more
stories within 220 yards (200 meters) on either side of the
centerline of any continuous 1-mile (1.6 kilometers) length
of pipeline. Each separate dwelling unit in a multiple
dwelling unit building is counted as a separate building
intended for human occupancy.
2.1.2.2.1.2.
The pipeline segment does not lie within 100 yards (91
meters) of either a building or a small, well-defined outside
area (such as a playground, recreation area, outdoor theater,
or other place of public assembly) that is occupied by 20 or
more persons on at least 5 days a week for 10 weeks in any
12-month period. The days and weeks need not be
consecutive. The building or area is considered occupied
for a full day if it is occupied for any portion of the day.
2.1.2.2.1.3.
For purposes of this section, the term pipeline segment
means all parts of those physical facilities through which
gas moves in transportation, including but not limited to
pipe, valves, and other appurtenance attached to pipe,
compressor units, metering stations, regulator stations,
delivery stations, holders, and fabricated assemblies.
Stationary RICE located within 50 yards (46 meters) of the
pipeline segment providing power for equipment on a
pipeline segment are part of the pipeline segment.
Transportation of gas means the gathering, transmission, or
distribution of gas by pipeline, or the storage of gas. A
building is intended for human occupancy if its primary use
is for a purpose involving the presence of a humans.
[40 CFR 63.6603 and 63.6675]
2.1.3. General Compliance Requirements
2.1.3.1.
You must be in compliance with operating limitations and other
requirements in this subpart that apply to you at all times.
2.1.3.2.
At all times you must operate and maintain any affected source, including
associated air pollution control equipment and monitoring equipment, in a
manner consistent with safety and good air pollution control practices for
minimizing emissions. The general duty to minimize emissions does not
require you to make any further efforts to reduce emissions if levels
required by this standard have been achieved. Determination of whether
such operation and maintenance procedures are being used will be based
35
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 63.6605]
2.1.4. Testing and Initial Compliance Requirements
2.1.4.1.
For emission units E001, E002 and E003: you must minimize the engine's
time spent at idle during startup and minimize the engine's startup time to
a period needed for appropriate and safe loading of the engine, not to
exceed 30 minutes, after which time the emission standards applicable to
all times other than startup in Table 2d to subpart ZZZZ apply.
2.1.4.2.
For emission units E001, E002 and E003: you have the option of utilizing
an oil analysis program in order to extend the specified oil change
requirement in Table 2d to this subpart. The oil analysis must be
performed at the same frequency specified for changing the oil in Table 2d
to this subpart. The analysis program must at a minimum analyze the
following three parameters: Total Acid Number, viscosity, and percent
water content. The condemning limits for these parameters are as follows:
Total Acid Number increases by more than 3.0 milligrams of potassium
hydroxide (KOH) per gram from Total Acid Number of the oil when new;
viscosity of the oil has changed by more than 20 percent from the
viscosity of the oil when new; or percent water content (by volume) is
greater than 0.5. If all of these condemning limits are not exceeded, the
engine owner or operator is not required to change the oil. If any of the
limits are exceeded, the engine owner or operator must change the oil
within 2 business days of receiving the results of the analysis; if the engine
is not in operation when the results of the analysis are received, the engine
owner or operator must change the oil within 2 business days or before
commencing operation, whichever is later. The owner or operator must
keep records of the parameters that are analyzed as part of the program,
the results of the analysis, and the oil changes for the engine. The analysis
program must be part of the maintenance plan for the engine.
[40 CFR 63.6625]
2.1.5. Continuous Compliance Requirements
2.1.5.1.
For E001, E002 and E003: you must demonstrate continuous compliance
with each operating limitation and other requirements in Table 2d to this
subpart that apply to you according to methods specified in Table 6 to this
subpart.
Table 6 to Subpart ZZZZ of Part 63 – Continuous Compliance with Emission Limitations and
other Requirements
36
As stated in §63.6640, you must continuously comply with the emissions and operating limitations and work or management
practices as required by the following:
For Each…
9. Existing non-emergency 4SRB
stationary RICE >500 HP located at an
area source of HAP that are remote
stationary RICE and existing emergency
and black start stationary RICE located
at an area source of HAP
Complying with the
requirement to…
a. Work or
Management
practices
You must demonstrate continuous
compliance by…
i. Operating and maintaining the
stationary RICE according to the
manufacturer's emission-related
operation and maintenance
instructions; or
ii. Develop and follow your own
maintenance plan which must
provide to the extent practicable for
the maintenance and operation of the
engine in a manner consistent with
good air pollution control practice for
minimizing emissions.
2.1.5.2.
For E001, E002 and E003: you must report each instance in which you did
not meet each operating limitation in Table 2d to this subpart that apply to
you. These instances are deviations from the emission and operating
limitations in this subpart. These deviations must be reported according to
the requirements in §63.6650.
2.1.5.3.
For E001, E002 and E003: you must also report each instance in which
you did not meet the requirements in Table 8 to this subpart that apply to
you.
2.1.6. Notifications, Reports, and Records
2.1.6.1
For E001, E002, and E003, you must submit all of the notifications in
§§63.7(b) and (c), 63.8(e), (f)(4) and (f)(6), 63.9(b) through (e), and (g)
and (h) that apply by the dates specified.
[40 CFR 63.6645]
2.1.6.2.
You must keep the records required in Table 6 of this subpart to show
continuous compliance with each emission or operating limitation that
applies to you.
[40 CFR 63.6655(d)]
2.1.6.3.
For E001, E002 and E003: you must keep records of the maintenance
conducted on the stationary RICE in order to demonstrate that you
operated and maintained the stationary RICE and after-treatment control
device (if any) according to your own maintenance plan.
[40 CFR 63.6655(e)]
37
2.1.6.3.1.
In order to demonstrate compliance with the maintenance
requirements, maintenance records will record the information
including, but not limited to, the following:
2.1.6.3.1.1.
Date the maintenance activity occurred
2.1.6.3.1.2.
Hours of engine operation
2.1.6.3.1.3.
Engine serial number
2.1.6.3.1.4.
If an engine oil sample was pulled, if the engine oil analysis
program is allowed under §63.6625(j)
2.1.6.3.1.5.
If the engine oil was replaced
2.1.6.3.1.6.
If the engine oil filter was replaced
2.1.6.3.1.7.
If the belts were inspected or replaced
2.1.6.3.1.8.
If the hoses were inspected or replaced
2.1.6.3.1.9.
If the sparkplugs were inspected or replaced
[40 CFR 63.6655 and RAC 2-110(6)]
2.1.6.4.
Records must be kept in a form suitable and readily available for
expeditious review according to §63.10(b)(1).
2.1.6.5.
As specified in §63.10(b)(1), the permittee must keep each record for 5
years following the date of each occurrence, measurement, maintenance,
corrective action, report, or record.
2.1.6.6.
The permittee must keep each record readily accessible in hard copy or
electronic form for at least 5 years after the date of each occurrence,
measurement, maintenance, corrective action, report, or record, according
to §63.10(b)(1).
[40 CFR 63.6660]
2.1.7. Other Requirements and Information
38
2.1.7.1.
Table 8 to this subpart shows which parts of the General Provisions in
§§63.1 through 63.15 apply to the permittee.
[40 CFR 63.6665]
Table 8 to Subpart ZZZZ of Part 63—Applicability of General Provisions to Subpart ZZZZ
General provisions
Subject of citation
citation
Applies to subpart
§63.1
General applicability of the General
Provisions
Yes.
§63.2
Definitions
Yes
§63.3
Units and abbreviations
Yes.
§63.4
Prohibited activities and
circumvention
Yes.
§63.5
Construction and reconstruction
Yes.
§63.6(a)
Applicability
Yes.
§63.6(b)(1)-(4)
Compliance dates for new and
reconstructed sources
Yes.
§63.6(b)(5)
Notification
Yes.
§63.6(b)(7)
Compliance dates for new and
reconstructed area sources that
become major sources
Yes.
§63.6(c)(1)-(2)
Compliance dates for existing sources Yes.
§63.6(c)(5)
Compliance dates for existing area
sources that become major sources
§63.6(f)(2)
Methods for determining compliance Yes.
§63.6(f)(3)
Finding of compliance
Yes.
§63.6(g)(1)-(3)
Use of alternate standard
Yes.
§63.6(i)
Compliance extension procedures and Yes.
criteria
§63.6(j)
Presidential compliance exemption
Yes.
§63.7(a)(1)-(2)
Performance test dates
Yes
§63.7(a)(3)
CAA section 114 authority
Yes.
§63.7(b)(1)
Notification of performance test
Yes
Except that §63.7(b)(1) only applies as
specified in §63.6645.
§63.7(b)(2)
Notification of rescheduling
Yes
Except that §63.7(b)(2) only applies as
specified in §63.6645.
§63.7(c)
Quality assurance/test plan
Yes
Except that §63.7(c) only applies as specified
in §63.6645.
§63.7(d)
Testing facilities
Yes.
Explanation
Additional terms defined in §63.6675.
Yes.
39
Subpart ZZZZ contains performance test dates
at §§63.6610, 63.6611, and 63.6612.
§63.7(e)(2)
Conduct of performance tests and
reduction of data
Yes
Subpart ZZZZ specifies test methods at
§63.6620.
§63.7(e)(3)
Test run duration
Yes.
§63.7(e)(4)
Administrator may require other
Yes.
testing under section 114 of the CAA
§63.7(f)
Alternative test method provisions
Yes.
§63.7(g)
Performance test data analysis,
recordkeeping, and reporting
Yes.
§63.7(h)
Waiver of tests
Yes.
§63.8(a)(1)
Applicability of monitoring
requirements
Yes
§63.8(a)(2)
Performance specifications
Yes.
§63.8(b)(1)
Monitoring
Yes.
§63.8(b)(2)-(3)
Multiple effluents and multiple
monitoring systems
Yes.
§63.8(c)(1)
Monitoring system operation and
maintenance
Yes.
§63.8(c)(1)(ii)
SSM not in Startup Shutdown
Malfunction Plan
Yes.
§63.8(c)(2)-(3)
Monitoring system installation
Yes.
§63.8(c)(4)
Continuous monitoring system
(CMS) requirements
Yes
Except that subpart ZZZZ does not require
Continuous Opacity Monitoring System
(COMS).
§63.8(c)(6)-(8)
CMS requirements
Yes
Except that subpart ZZZZ does not require
COMS.
§63.8(d)
CMS quality control
Yes.
§63.8(e)
CMS performance evaluation
Yes
Subpart ZZZZ contains specific requirements
for monitoring at §63.6625.
Except for §63.8(e)(5)(ii), which applies to
COMS.
Except that
§63.8(e) only applies
as specified in
§63.6645.
§63.8(f)(1)-(5)
Alternative monitoring method
Yes
Except that §63.8(f)(4) only applies as
specified in §63.6645.
§63.8(f)(6)
Alternative to relative accuracy test
Yes
Except that §63.8(f)(6) only applies as
specified in §63.6645.
§63.8(g)
Data reduction
Yes
Except that provisions for COMS are not
applicable. Averaging periods for
demonstrating compliance are specified at
§§63.6635 and 63.6640.
§63.9(a)
Applicability and State delegation of Yes.
notification requirements
§63.9(b)(1)-(5)
Initial notifications
Yes
40
Except that §63.9(b)(3) is reserved.
Except that
§63.9(b) only applies
as specified in
§63.6645.
§63.9(c)
Request for compliance extension
Yes
Except that §63.9(c) only applies as specified
in §63.6645.
§63.9(d)
Notification of special compliance
requirements for new sources
Yes
Except that §63.9(d) only applies as specified
in §63.6645.
§63.9(e)
Notification of performance test
Yes
Except that §63.9(e) only applies as specified
in §63.6645.
§63.9(g)(1)
Notification of performance
evaluation
Yes
Except that §63.9(g) only applies as specified
in §63.6645.
§63.9(g)(3)
Notification that criterion for
alternative to RATA is exceeded
Yes
If alternative is in use.
Except that
§63.9(g) only applies
as specified in
§63.6645.
§63.9(h)(1)-(6)
Notification of compliance status
Yes
Except that notifications for sources using a
CEMS are due 30 days after completion of
performance evaluations. §63.9(h)(4) is
reserved.
Except that §63.9(h) only applies as specified
in §63.6645.
§63.9(i)
Adjustment of submittal deadlines
Yes.
§63.9(j)
Change in previous information
Yes.
§63.10(a)
Administrative provisions for
recordkeeping/reporting
Yes.
§63.10(b)(1)
Record retention
Yes
§63.10(b)(2)(vi)(xi)
Records
Yes.
§63.10(b)(2)(xii)
Record when under waiver
Yes.
§63.10(b)(2)(xiii)
Records when using alternative to
RATA
Yes
§63.10(b)(2)(xiv)
Records of supporting documentation Yes.
§63.10(b)(3)
Records of applicability
determination
§63.10(c)
Additional records for sources using Yes
CEMS
§63.10(d)(1)
General reporting requirements
Yes.
§63.10(d)(2)
Report of performance test results
Yes.
§63.10(d)(4)
Progress reports
Yes.
Except that the most recent 2 years of data do
not have to be retained on site.
For CO standard if using RATA alternative.
Yes.
41
Except that §63.10(c)(2)-(4) and (9) are
reserved.
§63.10(e)(1) and
(2)(i)
Additional CMS Reports
Yes.
§63.10(e)(3)
Excess emission and parameter
exceedances reports
Yes.
§63.10(f)
Waiver for recordkeeping/reporting
Yes.
§63.12
State authority and delegations
Yes.
§63.13
Addresses
Yes.
§63.14
Incorporation by reference
Yes.
§63.15
Availability of information
Yes.
Except that §63.10(e)(3)(i)(C) is reserved.
[75 FR 9688, Mar. 3, 2010, as amended at 78 FR 6720, Jan. 30, 2013]
[40 CFR 63.6670]
Reserved – Tribal Minor New Source Review
Reserved – Prevention of Significant Deterioration Requirements
Reserved – Consent Decree Requirements
Reserved – Compliance Assurance Monitoring (CAM) Requirements
Enhanced Monitoring, Recordkeeping, and Reporting
7.1. Any documents required to be submitted under this Title V operating permit, including
but not limited to, reports, test data, monitoring data, notifications, compliance
certifications, fee calculation worksheets, and applications for renewals and permit
modifications shall be submitted to the Tribe:
by email at: airqualty@southernute-nsn.gov
or by United States Postal Service:
Part 70 Program Environmental
Programs Department
Air Quality Division
P.O. Box 737 MS #84
Ignacio, Colorado 81137
Inspection Information
or by Common Carrier:
Part 70 Program Environmental
Programs Department
Air Quality Division
398 Ouray Drive
Ignacio, CO 81137
Section IV – Appendix
1.1. Driving Directions:
42
From Ignacio, go south on state highway 151 past mile marker 9 to county road 330.
Travel approximately 1 mile east on county road 330 to the Tiffany Compressor Station.
1.2. Global Positioning System (GPS):
Latitude:
Longitude:
37.05054° N
-107.5121694° W
1.3. Safety Considerations:
PSCO requires all visitors to the Tiffany Compressor Station to be escorted and wear a
hard hat, eye protection, safety shoes, and hearing protection. No smoking is allowed on
the property.
43
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.