AIR QUALITY DIVISION (2023)
Tribal code
Ask Donna
What actually matters in this document.
Text
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
November 6, 2024
Mr. Ethan Hinkley
Air Quality Compliance Manager
Red Cedar Gathering Company
125 Mercado Street; Suite 201
Durango, CO 81301
RE: Part 70 Operating Permit – Permit Renewal
Title V Permit # V-SUIT-0035-2023.00
Red Cedar Gathering Company
Animas Compressor Station
Mr. Hinkley,
The Southern Ute Indian Tribe Air Quality Division (AQD) has completed its review of Red Cedar
Gathering Company’s (Red Cedar) request to renew a Title V Permit to Operate, pursuant to the Title V
Operating Permit Program at 40 CFR Part 70, for the Animas Compressor Station.
Based on the information submitted in Red Cedar’s application, and the comments received during the
public comment period, the AQD hereby issues the enclosed Title V Permit to Operate. The final permit
will become effective on November 6, 2024.
A 30-day public comment period was held from May 1, 2024, to May 31, 2024. The AQD received
comments from Red Cedar during this time and no comments were received from the public, affected
states, or tribes. Following the 30-day public comment period, the AQD made the following changes:
1. Section III.2.2.1. – Reverted back to the requested language of “once per calendar year” from
“once during each 12-month period”.
For a more detailed discussion of these comments and the resultant changes, please review the Response
to Comments document attached to this permit.
A 45-day Administrative Review period at EPA Region 8 was held from September 20, 2024, to
November 4, 2024. No comments were received from EPA Region 8 during this review period.
Pursuant to RAC §2-109(8), within 60 days after the final permit has been issued, the applicant, any person
who participated in the public comment process and is aggrieved by the action, and any other person who
could obtain judicial review of that action under applicable law, may appeal to the Environmental
Commission in accordance with the Southern Ute Indian Tribe/State of Colorado Environmental
Commission’s Reservation Air Code (RAC) and the Commission’s Procedural Rules. Additionally, the
regulations at RAC §2-109(7) specify that any person may petition the EPA Administrator within 60 days
after the expiration of the Administrator’s 45-day review period to make an objection that the permit
would not be in compliance with applicable requirements. Any such petition must be based only on
objections to the permit that were raised with reasonable specificity during the public comment period
unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or
unless the grounds for such objections arose after such period.
If you have any questions concerning the enclosed permit, please feel free to contact me.
Sincerely,
Mark Lamoreaux
Air Quality Scientist I - Permitting
Southern Ute Indian Tribe
(970) 563-2273
mlamoreaux@southernute-nsn.gov
Cc: US EPA Region 8 - r8airpermitting@epa.gov
AIR QUALITY DIVISION
ENVIRONMENTAL PROGRAMS DEPARTMENT
SOUTHERN UTE INDIAN TRIBE
PO BOX 737, MS 84, IGNACIO, CO 81137
(970) 563 – 4705 ∙ (970) 563 – 0384 FAX
September 20, 2024
Response to Comments Document
Operator: Red Cedar Gathering Company
Facility: Animas Compressor Station, Capote Compressor Station, Elk Point Compressor Station
Permit Action: Title V Operating Permit Renewals
Comments from Red Cedar Gathering Company received on Draft Title V Operating
Permits V-SUIT-0035-2023.00, V-SUIT-0016-2023.00, and V-SUIT-0044-2023.00
I. Permit Provision III.2.: 40 CFR Part 63, Subpart HH – National Emission
Standards for Hazardous Air Pollutants from Oil and Natural Gas Production
Facilities [40 CFR 63.760-63.779 and RAC 4-103]
Comment:
Section III.2.2.1. 40 CFR Part 63, Subpart HH: Language was changed from the current
permit (changes highlighted).
Current Permit:
2.2.1. The permittee must obtain an extended wet gas analysis of the inlet gas stream
at least once per calendar year. The gas sample shall be taken at a point prior to
where the gas enters the dehydration system contact tower. The analysis shall include
the gas temperature and pressure at which the sample was taken. The analysis must be
used to determine the actual average benzene emissions annually, as determined in
accordance with §63.772(b)(2)(i).
Draft Permit:
2.2.1. The permittee must obtain an extended wet gas analysis of the inlet gas stream
at least once during each 12-month period. The gas sample shall be taken at a point
prior to where the gas enters the dehydration system contact tower. The analysis shall
include the gas temperature and pressure at which the sample was taken. The gas
analysis results and corresponding temperature and pressure documented during
collection of the gas sample must be used to determine the actual average benzene
emissions annually, in accordance with §63.772(b)(2)(i) or (ii). If electing to make this
demonstration according to §63.772(b)(2)(i), using GRI-GLYCalc model, the
permittee shall perform each model run using a single gas analysis and the
corresponding temperature and pressure documented during collection of the gas
sample. The permittee may elect to average the results for multiple GRI-GLYCalc
model runs in determining actual average benzene emissions annually, if multiple gas
samples are collected within a 12-month period.
Requested Change:
- In general, Red Cedar requests the permits retain the previous permit language for the
sake of regulatory uniformity across all their facilities, to allow GRI-GLYCalc model
inputs to best represent actual operating conditions, and because it better aligns with the
referenced requirement at 40 CFR §63.772(b)(i).
AQD’s Response:
The requested changes have been partially accepted. The reasons for accepting and not accepting the
requested changes are detailed in AQD’s responses below. The AQD has begun including this updated
language in all applicable AQD permits with the goal of having uniformity across all permits. The
Animas, Capote, and Elk Point Compressor Station Title V permits are the first Red Cedar Title V
permits to be renewed in this cycle, therefore, uniformity across all Red Cedar permits will occur, at a
minimum, through this renewal cycle. Furthermore, as explained below, the language in question does
not create new requirements. The language was revised to provide clarification to the existing permit
language contained in these Red Cedar permits.
Requested Change:
- The change from “once per calendar year” to “once during each 12-month period”
introduces ambiguous language that is undefined, open for interpretation, and does not
serve to improve air quality or the enforceability of the permit. Red Cedar requests
retaining the “once per calendar year” language.
AQD’s Response:
The requested change has been made. The AQD prefers the updated timeframe of “once during each 12month period” and considers the timeframe to be better defined and less ambiguous than the timeframe
of “annual.” However, the AQD finds the timeframe of annual to be sufficient for the purposes of
demonstrating compliance with the annual benzene emissions exemption at 40 CFR 63.764(e)(1).
Requested Change:
- The requirement to only use the temperature and pressure documented during the gas
sample collection makes sense if no other data is available but does not account for
instances where accurate annual average temperature and pressure data are available.
Therefore, Red Cedar requests this sentence read; “The gas analysis results and
corresponding temperature and pressure documented during collection of the gas
sample, or an annual average gas temperature and pressure, shall be used…”
AQD’s Response:
The requested change has not been made. The AQD is requiring the use of the temperature and pressure,
and other parameters documented during the collection of the gas sample, because the AQD believes
these data inputs are most “representative of actual operating conditions of the glycol dehydration unit”,
as required by 40 CFR 63.772(b)(2)(i), and therefore most representative of actual benzene emissions.
The AQD does not find Red Cedar’s proposed approach of averaging certain inputs into GRI-GLYCalc
to be representative of actual operating conditions of the glycol dehydration unit, because averaged
values would not at any time in the year match the actual operating conditions of the glycol dehydration
unit. The AQD believes to obtain an accurate estimate of benzene emissions, it’s important that actual
operating conditions of the glycol dehydration unit are used as inputs to the GRI-GLYCalc model. For
example, the concentration of BTEX measured in a gas sample and the corresponding gas temperature
of the sample have a strong correlation to emissions. The use of an averaged gas temperature with a
single gas analysis would not represent actual operating conditions, or accurately estimate emissions
during actual operations.
Red Cedar states in their next comment “A GRI-GLYCalc model run based on a gas sample is similar to
a test report based on an emission test in that both represent operating conditions during a snapshot of
time.” This comment is consistent with the AQD’s intent of requiring inputs to the model that represent
actual operating conditions of the glycol dehydration unit during the time of the sampling events. Using
these inputs would create a “snapshot in time” of emissions that are representative of actual operating
conditions of the glycol dehydration unit, consistent with 40 CFR 63.772(b)(2)(i).
Requested Change:
- A GRI-GLYCalc model run based on a gas sample is similar to a test report based on an
emission test in that both represent operating conditions during a snapshot of time. Just as
engine tests are not averaged over a year, if multiple gas samples are used for a given
calendar year, it is more accurate to apply emissions based on a given gas sample until the
next sample is collected. Therefore, if the original permit language is not retained, we
request removal of the sentence that begins with “The permittee may elect to average…”
AQD’s Response:
The requested change has not been made. The AQD has provided the additional option of allowing the
permittee to average the results of multiple GRI-GLYCalc runs to provide flexibility for permittees to
use multiple gas analysis and corresponding GRI-GLYCalc runs, each of which represents actual
emissions at a point within the year to determine their actual annual average benzene emissions. The
AQD considers this approach to provide a standardized method for operators to estimate annual actual
average benzene emissions in a way that the AQD interprets to be consistent with the rule, since inputs
to each individual model run are representative of actual operating conditions of the glycol dehydration
unit.
Requested Change:
- Red Cedar disagrees with AQD’s novel mandate to limit GRI-GLYCalc inputs to only
the temperature and pressure of a gas sample and requests the permit condition maintain
the same flexibility afforded to the operator in §63.772(b)(i) to use inputs “representative
of actual operating conditions” (i.e., actual annual average temperature and pressure). To
this end, we request the language from “If electing to make this demonstration…” to the
end of the requirement be removed. It does not align with §63.772(b)(2)(i), which states
that “inputs to the model shall be representative of actual operating conditions of the
glycol dehydration unit…”, by unnecessarily disallowing use of data that is more
representative of actual annual operating conditions.
AQD’s Response:
The requested change has not been made. The AQD’s revised permit language is intended to align with
the AQD’s interpretation of the language in §63.772(b)(2)(i), which requires inputs to the model to be
representative of actual operating conditions of the glycol dehydration unit. Because there is a direct
relationship between temperature and pressure, and this relationship has a direct correlation with
emissions, for model inputs to be representative of emissions during actual operating conditions, these
parameters must all be used together in the GRI-GLYCalc model. Averaging some, or all of these
model parameters, would not produce emissions estimates that are representative of actual operating
conditions.
As stated in the previous comment response above, the AQD does not find that averaged model input
values would be representative of the actual operating conditions of the dehydration unit, because at no
point during the year would the actual operating conditions of the dehydration unit match averaged
operating data. Therefore, as stated in previous sections of this response to comments, the AQD is
requiring that each GRI-GLYCalc report used to determine actual annual average benzene emissions be
prepared using inputs to the model documented at the time of the gas analysis.
Southern Ute Indian Tribe
Air Quality Division
Title V Operating Permit
Southern Ute Indian Tribe
Environmental Programs Department
Air Quality Division
71 Mike Frost Way
Ignacio, Colorado 81137
AIR POLLUTION CONTROL
TITLE V PERMIT TO OPERATE
In accordance with the provisions of Title V of the Clean Air Act (42 U.S.C. 7661-7661f) and Part
1, Article II of the Southern Ute Indian Tribe/State of Colorado Environmental Commission’s
Reservation Air Code (RAC) and applicable rules and regulations,
Red Cedar Gathering Company
Animas Compressor Station
is authorized to operate air emission units and to conduct other air pollutant emitting activities in
accordance with the conditions listed in this permit.
This source is authorized to operate at the following location:
Southern Ute Indian Reservation
Section 1, T33N, R10W
La Plata County, Colorado
Terms not otherwise defined in this permit have the meaning assigned to them in the referenced
regulations. All terms and conditions of the permit are enforceable by the Tribe and citizens under
the Clean Air Act.
Daniel Powers, Air Quality Division Head
Environmental Programs Department
Southern Ute Indian Tribe
AIR POLLUTION CONTROL
TITLE V PERMIT TO OPERATE
Red Cedar Gathering Company
Animas Compressor Station
SUIT Account Identification Code: 3-008
Permit Number: V-SUIT-0035-2023.00
[Replaces Permit No.: V-SUIT-0035-2018.00]
Issue Date:
Effective Date:
Expiration Date:
November 6, 2024
November 6, 2024
November 6, 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
May 1, 2003
Permit Issued
Initial Part 71 Permit Issued
# V-SU-0035-02.00
September 1, 2003
Revision
Administrative Amendment
# V-SU-0035-02.01
June 22, 2006
Revision
Administrative Amendment
Update Responsible official
and Facility Contact.
# V-SU-0035-02.02
August 23, 2007
Revision
Administrative Amendment
# V-SU-0035-08.03
January 1, 2009
Permit Issued
1st Part 71 Renewal Permit Issued
# V-SU-0035-08.01
Minor Revision
Reclassification as a major
source
Non-like-kind engine
exchange
Initial Part 70 Permit Issued
Replaces EPA-issued permit # V-SU0035-08.01
PERMIT NUMBER
August 27, 2010
Revision
September 13,
2013
Permit Issued
July 16, 2014
Revision
Minor Revision
# V-SUIT-0035-2013.01
March 20, 2015
Revision
Minor Revision
# V-SUIT-0035-2013.02
st
# V-SU-0035-08.01
# V-SUIT-0035-2013.00
October 8, 2018
Permit Issued
1 Renewal Permit Issued
# V-SUIT-0035-2018.00
November 6, 2024
Permit Issued
2nd Renewal Permit Issued
# V-SUIT-0035-2023.00
Contents
Abbreviations and Acronyms ................................................................................................................................. 3
Section I – Source Information and Emission Unit Identification ............................................................................ 6
Source Information ..........................................................................................................................................6
Source Emission Points ....................................................................................................................................7
Section II – General Requirements ......................................................................................................................... 8
Title V Administrative Requirements ...............................................................................................................8
1.1.
Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118] ........................................................................ 8
1.2.
Compliance Requirements .................................................................................................................. 10
1.3.
Duty to Provide and Supplement Information [RAC 2-110(7)(e), 2-106(5), and 2-124] ....................11
1.4.
Submissions [RAC 2-105] .....................................................................................................................12
1.5.
Severability Clause [RAC 1-106 and RAC 2-110(1)(f)] .........................................................................12
1.6.
Permit Actions [RAC 2-110(3)] ............................................................................................................ 13
1.7.
Administrative Permit Revision [RAC 2-111(2)] .................................................................................13
1.8.
Minor Permit Revisions [RAC 2-111(3)] ..............................................................................................13
1.9.
Significant Permit Revisions [RAC 2-111(4)] .......................................................................................14
1.10.
Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2-112] .........................14
1.11.
Property Rights [RAC 2-110(3)(e)] .......................................................................................................16
1.12.
Inspection and Entry [RAC 2-110(9)(b)] ..............................................................................................16
1.13.
[Reserved] ............................................................................................................................................16
1.14.
Permit Transfers [RAC 2-113] ..............................................................................................................16
1.15.
Off-Permit Changes [RAC 2-116(2)]..................................................................................................... 16
1.16.
Permit Expiration and Renewal ..........................................................................................................17
Facility-Wide Requirements...........................................................................................................................18
2.1.
General Recordkeeping Requirements [RAC 2-110(6)] ...................................................................... 18
2.2.
General Reporting Requirements .......................................................................................................19
2.3.
Alternative Operating Scenarios [RAC 2-110(8)] ................................................................................20
2.4.
Permit Shield [RAC 2-110(10)(c)].........................................................................................................22
2.5.
Stratospheric Ozone and Climate Protection [40 CFR Part 82] ..........................................................22
Section III – Site Specific Permit Terms ................................................................................................................ 23
Reserved – New Source Performance Standards (NSPS) and 40 CFR Part 60 ................................................23
National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR Part 63 ...........................23
2.1.
40 CFR Part 63, Subpart ZZZZ – National Emission Standards for Hazardous Air Pollutants for
Reciprocating Internal Combustion Engines [40 CFR 63.6580 – 63.6675 and RAC 4-103] ...............................23
2.2.
40 CFR Part 63, Subpart HH - National Emission Standards for Hazardous Air Pollutants from Oil
and Natural Gas Production Facilities [40 CFR 63.760 – 63.779 and RAC 4-103] ............................................. 37
Reserved – Tribal Minor New Source Review ................................................................................................37
Reserved – Prevention of Significant Deterioration Requirements ............................................................... 37
Reserved – Consent Decree Requirements ....................................................................................................37
Reserved – Compliance Assurance Monitoring (CAM) Requirements ...........................................................38
1
Enhanced Monitoring, Recordkeeping, and Reporting..................................................................................38
Section IV – Appendix .......................................................................................................................................... 39
Inspection Information ..................................................................................................................................39
1.1.
Driving Directions: ...............................................................................................................................39
1.2.
Global Positioning System (GPS): .......................................................................................................39
1.3.
Safety Considerations: ........................................................................................................................39
2
Abbreviations and Acronyms
4SLB
4SRB
AFS
AQD
bbl
BACT
CAA
CAM
CEMS
CFR
CMS
COMS
CO
CO2
dscf
dscm
EPA
gal
GPM
H 2S
HAP
hr
ID
kg
lbs
MACT
Mg
MMBtu
MMSCFD
mo
NESHAP
NMHC
NOx
NSPS
NSR
pH
PM
PM10
ppbvd
ppm
ppmvd
PSD
PTE
psi
psia
RAC
RICE
RMP
scf
scfm
SI
SO2
SUIT
tpy
Tribe
Four-Stroke Lean-Burn
Four-Stroke Rich-Burn
Air Facility System database
Southern Ute Indian Tribe’s Air Quality Division
Barrels
Best Available Control Technology
Clean Air Act [42 U.S.C. Section 7401 et seq.]
Compliance Assurance Monitoring
Continuous Emission Monitoring System
Code of Federal Regulations
Continuous Monitoring System (includes COMS, CEMS and diluent monitoring)
Continuous Opacity Monitoring System
Carbon monoxide
Carbon dioxide
Dry standard cubic foot
Dry standard cubic meter
United States Environmental Protection Agency
Gallon
Gallons per minute
Hydrogen sulfide
Hazardous Air Pollutant
Hour
Identification Number
Kilogram
Pounds
Maximum Achievable Control Technology
Megagram
Million British Thermal Units
Million standard cubic feet per day
Month
National Emission Standards for Hazardous Air Pollutants
Non-methane hydrocarbons
Nitrogen Oxides
New Source Performance Standard
New Source Review
Negative logarithm of effective hydrogen ion concentration (acidity)
Particulate Matter
Particulate matter less than 10 microns in diameter
Parts per billion by volume, dry
Parts per million
Parts per million by volume, dry
Prevention of Significant Deterioration
Potential to Emit
Pounds per square inch
Pounds per square inch absolute
Southern Ute Indian Tribe/State of Colorado Environmental Commission’s Reservation
Air Code
Reciprocating Internal Combustion Engine
Risk Management Plan
Standard cubic feet
Standard cubic feet per minute
Spark Ignition
Sulfur Dioxide
Southern Ute Indian Tribe
Ton(s) Per Year
Southern Ute Indian Tribe
3
US EPA
VOC
United States Environmental Protection Agency
Volatile Organic Compounds
4
Table of Figures
Table 1 - Emission Units................................................................................................................. 7
Table 2 - Insignificant Emission Units ........................................................................................... 7
5
Section I – Source Information and Emission Unit Identification
Source Information
Owner Name:
Red Cedar Gathering Company
Facility Name:
Animas Compressor Station
Facility Location:
Section 1, T33N, R10W
Latitude:
37.137119 °N
Longitude:
State:
-107.887193 °W
Colorado
County:
La Plata
Responsible Official:
President and Chief Operating Officer
SIC Code:
1311
ICIS Identification Number:
SU00000008067U0004
EPA Facility Registry ID:
110063934783
Other Clean Air Act Permits
None
Process Description:
According to Red Cedar’s application, the Animas Compressor Station is a mid-stream
gathering/boosting natural gas compressor station capable of processing roughly 22 MMSCF/day.
The station receives inlet gas from multiple wells, with an inlet pressure of approximately 20 psi.
The gas is compressed through four compressors driven by Waukesha L7042GL lean burn
compressor engines to approximately 300-350 psi. After compression, the gas is processed through
two tri-ethylene glycol dehydrators set in series (i.e. the gas goes through one dehydration unit,
then through the second unit). The gas comes in saturated and leaves the station at less than 7 lbs
H2O/MMscf. Power for lights and heat trace is provided by the generator, unit G-201. The primary
source of emissions are the facility’s four natural gas-fired four-stroke lean-burn (4SLB) spark
ignition (SI) compressor engines, and one natural gas-fired four-stroke rich-burn (4SRB) SI
generator engine.
6
Source Emission Points
Table 1 - Emission Units
Emission
Unit ID
Control
Equipment
Description
Waukesha L7042GL (4SLB SI) natural gas-fired compressor engines 1,377
nameplate rated hp
C-201
Serial No.
C-13152/1
Install Date:
11/05/2020
C-202
Serial No.
1202/S
Install Date:
06/18/2014
C-203
Serial No.
C-14214/2
Install Date:
06/01/2022
C-204
Serial No.
C-13406/1
Install Date:
09/19/2007
Cummins GTA8.3-LC-G1 (4SRB SI) natural gas-fired generator engine
185 name plate rated hp
G-201
Serial No.
46349241
Install Date:
None
None
09/18/2014
TEG Dehydrator 25 (MMscf/day)
X-301
Serial No.
N/A
Install Date:
12/18/2000
X-302
Serial No.
N/A
Install Date:
12/18/2000
None
Table 2 - Insignificant Emission Units
Emission Unit ID
Amount
Description
Size
Units
X-301a, X-302a
H-101
H-401, H-402
H-501, H-502, H-508
TK-501
TK-502
TK-503
TK-504
TK-505
TK-506
TK-507
TK-508
TK-610
N/A
2
1
2
3
1
1
1
1
1
1
1
1
1
N/A
TEG Reboilers
Catalytic Heater
Catalytic Heater
Tank Heater
Waste Water Tank (Produced Water)
Waste Oil Tank
Glycol Still Column Vent Tank (X-301)
Glycol Still Column Vent Tank (X-302)
TEG Storage Tank
Lube Oil Storage Tank
Engine Coolant Storage Tank
Clean Water Blowcase Tank (Produced Water)
TEG Stock Tank
Fugitive Emissions
0.5
0.006
0.018
0.325
21,000
8,820
756
756
500
1,600
1,000
8,820
360
N/A
MMBtu/hr
MMBtu/hr
MMBtu/hr
MMBtu/hr
gal
gal
gal
gal
gal
gal
gal
gal
gal
N/A
7
Section II – General Requirements
Title V Administrative Requirements
1.1. Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118]
1.1.1. An annual operating permit emission fee shall be paid to the Tribe by the
permittee.
[RAC 2-118(2)]
1.1.2. The permittee shall pay the annual permit fee each year no later than April 1 st for
the preceding calendar year.
[RAC 2-118(2)]
1.1.3. Fee payments shall be remitted in the form of a money order, bank draft, certified
check, corporate check, or electronic funds transfer payable to the Southern Ute
Indian Tribe and sent or delivered by the United States Postal Service c/o
Environmental Programs Department Part 70 Program, P.O. Box 737 MS #84,
Ignacio, Colorado 81137; or by common carrier (such as UPS or FedEx) c/o
Environmental Programs Department Part 70 Program, 398 Ouray Drive, Ignacio,
Colorado 81137.
[RAC 2-118(4)(a)]
1.1.4. The permittee shall send an updated fee calculation worksheet submitted annually
by the same deadline as required for fee payment to the address listed in the
Submissions section of this permit.
[RAC 2-118]
1.1.5. The permittee shall submit the initial fee calculation work sheet using the most
recent form provided by the Tribe.
[RAC 2-118(2)(c)]
1.1.6. Basis for calculating annual fee:
1.1.6.1.
Subtotal annual fees shall be calculated by multiplying the applicable
emission fee set pursuant to RAC § 2-119(1) of this code times the total
tons of actual emissions for each fee pollutant. In lieu of actual emissions,
annual fees may be calculated based on the potential to emit for each fee
pollutant. Emissions of any regulated air pollutant that already are
included in the fee calculation under a category of regulated pollutant, such
as a federally listed hazardous air pollutant that is already accounted for as
a VOC or as PM10, shall be counted only once in determining the source’s
actual emissions.
[RAC 2-119(2)(a)]
8
1.1.6.1.1.
“Actual emissions” means the actual rate of emissions in tpy of any
fee pollutant (for fee calculation) emitted from a Title V source
over the preceding calendar year or any other period determined by
the Tribe to be more representative of normal operation and
consistent with the fee schedule adopted by the Tribe and approved
by the Administrator. Actual emissions shall be calculated using
each emissions units actual operating hours, production rates, inplace 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)]
9
1.1.8. Failure of the permittee to pay fees by the due date shall subject the permittee to
assessment of penalties and interest in accordance with RAC § 2-118(6).
[RAC 2-118(6)]
1.1.9. When notified by the Tribe of underpayment of fees, the permittee shall remit full
payment within 30 days of receipt of an invoice from the Tribe.
[RAC 2-119(3)(b)]
1.1.10. A permittee who thinks a Tribe assessed fee is in error and who wishes to
challenge such fee shall provide a written explanation of the alleged error to the
Tribe along with full payment of the assessed fee.
[RAC 2-119(3)(c)]
1.2. Compliance Requirements
1.2.1. Compliance with the Permit
1.2.1.1.
The permittee must comply with all conditions of this part 70 permit. Any
permit noncompliance with federally enforceable or Commission-only
permit conditions constitutes a violation of the RAC and Clean Air Act and
is grounds for enforcement action; for permit termination, revocation and
reissuance, or revision; or for denial of a permit renewal application.
[RAC 2-110(3)(a)]
1.2.1.2.
It shall not be a defense for a permittee in an enforcement action that it
would have been necessary to halt or reduce the permitted activity in order
to maintain compliance with the conditions of this permit.
[RAC 2-110(3)(b)]
1.2.1.3.
All terms and conditions of this permit which are required under the Clean
Air Act or under any of its applicable requirements, including any
provisions designed to limit a source’s potential to emit, are enforceable by
the Administrator and citizens under the Clean Air Act, except terms and
conditions the permit specifically designates as not being federally
enforceable under the Clean Air Act that are not required under the Clean
Air Act or under any of its applicable requirements. Terms and conditions
so designated are not subject to the requirements of RAC §§ 2-108, 2-111,
2-112, other than those contained in this paragraph.
[RAC 2-110(3)(f)]
1.2.1.4.
This permit, or the filing or approval of a compliance plan, does not relieve
any person from civil or criminal liability for failure to comply with the
provisions of the RAC and the Clean Air Act, applicable regulations
thereunder, and any other applicable law or regulation.
[RAC 2-110(3)(g)]
10
1.2.1.5.
For the purpose of submitting compliance certifications in accordance with
the Compliance Certifications condition below of this permit, or
establishing whether or not a person has violated or is in violation of any
requirement of this permit, nothing shall preclude the use, including the
exclusive use, of any credible evidence or information, relevant to whether
a source would have been in compliance with applicable requirements if
the appropriate performance or compliance test or procedure had been
performed.
[Section 113(a) and 113(e)(1) of the Act, 40 CFR §§ 51.212, 52.12, 52.33, 60.11(g), and 61.12]
1.2.2. Compliance Certifications
1.2.2.1.
The permittee shall submit to the Tribe and the Administrator an annual
certification of compliance which shall certify the source’s compliance
status with all permit terms and conditions and all applicable requirements
relevant to the source, including those related to emission limitations,
standards, or work practices. The compliance certification shall be
certified as to truth, accuracy, and completeness by a responsible official
consistent with RAC § 2-110(9)(a). The certification of compliance shall
be submitted annually by April 1st and shall cover the preceding calendar
year in which the certification of compliance is due, except that the first
annual certification of compliance will cover the period from the issuance
date of this permit through December 31st of the same year.
[RAC 2-110(9)(c)]
1.2.3. Compliance Schedule
1.2.3.1.
For applicable requirements with which the source is in compliance, the
source will continue to comply with such requirements.
[RAC 2-106(4)(l)(ii)]
1.2.3.2.
For applicable requirements that will become effective during the permit
term, the source shall meet such requirements on a timely basis.
[RAC 2-106(4)(l)(iii)]
1.3. Duty to Provide and Supplement Information [RAC 2-110(7)(e), 2-106(5), and 2124]
1.3.1. The permittee shall furnish to the Tribe, within the period specified by the Tribe,
any information that the Tribe request in writing to determine whether cause exists
for reopening and revising, revoking, and reissuing, or terminating the permit, or to
determine compliance with the permit. Upon request, the permittee shall also
furnish to the Tribe copies of records that are required to be kept by the permit,
including information claimed to be confidential. Information claimed to be
11
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/air-quality/.]
1.4.2. Except where otherwise noted, any documents required to be submitted under this
permit, including reports, test data, monitoring data, notifications, compliance
certifications, fee calculation worksheets, and applications for renewals and permit
modifications shall be submitted:
by email at: airquality@southernute-nsn.gov
or by United States Postal Service:
Part 70 Program
Environmental Programs Department
Air Quality Division
P.O. Box 737 MS #84
Ignacio, Colorado 81137
or by Common Carrier:
Part 70 Program
Environmental Programs Department
Air Quality Division
398 Ouray Drive
Ignacio, CO 81137
1.5. Severability Clause [RAC 1-106 and RAC 2-110(1)(f)]
The provisions of this permit are severable, and in the event of any challenge to any portion
of this permit, or if any provision is held invalid, the remaining permit conditions shall remain
valid and in force.
12
1.6. Permit Actions [RAC 2-110(3)]
1.6.1. This permit may be modified, reopened and revised, revoked and reissued, or
terminated for cause.
[RAC 2-110(3)(c)]
1.6.2. The filing by the permittee of a request for a permit revision, reissuance, or
termination, or of a notification of planned changes or anticipated noncompliance
shall not stay any permit condition.
[RAC 2-110(3)(d)]
1.7. Administrative Permit Revision [RAC 2-111(2)]
1.7.1. The permittee may submit an application for an administrative permit revision as
defined in RAC § 1-103.
[RAC 2-111(2)(a)]
1.7.2. The permittee may implement an administrative permit revision immediately upon
submittal of the request for the administrative revision.
[RAC 2-111(2)(c)]
[Note to permittee: If the provisions allowing for an administrative permit revision do not apply,
please contact the Air Quality Division for a determination of similarity prior to submitting your
request for an administrative permit revision.]
1.8. Minor Permit Revisions [RAC 2-111(3)]
1.8.1. The permittee may submit an application for a minor permit revision as defined in
RAC § 1-103.
1.8.2. An application requesting the use of minor permit revision procedures shall meet
the requirements of RAC § 2-106(4) and shall include the following:
1.8.2.1.
A description of the change, the emissions resulting from the change, and
any new applicable requirements that will apply if the change occurs;
1.8.2.2.
If changes are requested to the permit language, the permittee’s suggested
draft permit changes;
1.8.2.3.
Certification by a responsible official, consistent with RAC § 2-105, that
the proposed revision meets the criteria for use of minor permit revision
procedures and a request that such procedures be used; and
1.8.2.4.
Completed forms for the Tribe to use to notify the Administrator and
affected programs as required under RAC § 2-108
13
1.8.2.5.
If the requested permit revision would affect existing compliance plans or
schedules, related progress reports, or certification of compliance
requirements, and an outline of such effects.
[RAC 2-111(3)(a)]
1.8.3. The permittee shall not submit multiple minor permit revision applications that
may conceal a larger revision that would not constitute a minor permit revision.
[RAC 2-111(3)(b)]
1.8.4. The permittee may make the change proposed in its minor permit revision
application immediately after it files such application, provided, however, for
sources that have previously utilized this provision during the term of the permit
and, on two or more occasions have failed to file a complete application, may
thereafter make the change only after the application is deemed complete. After
the permittee makes the change and until the Tribe takes any of the actions
specified in the following subsection, the permittee must comply with both the
applicable requirements governing the change and the proposed permit terms and
conditions. During this period, the permittee need not comply with the existing
permit terms and conditions it seeks to modify. If the permittee fails to comply
with its proposed permit terms and conditions during this period, however, the
existing permit terms and conditions it seeks to modify may be enforced against it.
The filing of a minor permit revision application does not authorize construction or
modification of a source under the NSR preconstruction permit program. It is the
permittee’s responsibility to determine if a preconstruction permit is required prior
to commencing construction, modification, or reconstruction.
[RAC 2-111(3)(e)]
1.8.5. The permit shield under RAC § 2-110(10) does not extend to minor permit
revisions.
[RAC 2-110(10)(d)]
1.9. Significant Permit Revisions [RAC 2-111(4)]
1.9.1. The permittee must request the use of significant permit revision procedures as
defined in RAC § 1-103.
1.9.2. Significant permit revisions shall meet all requirements of the RAC for permit
issuance and renewal, including those for applications, review by the
Administrator and affected programs, and public participation.
[RAC 2-111(4), 2-109, and 2-106(3)]
1.10.
Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2112]
14
1.10.1. The permit may be reopened and revised for any of the reasons listed in the
paragraphs below. Alternatively, the permit may be revoked and reissued for the
reasons listed in the paragraphs below:
1.10.1.1.
Additional requirements under the Clean Air Act become applicable to a
major source with a remaining permit term of 3 or more years, provided
that the Tribe shall revise such permits to incorporate such additional
requirements no later than 18 months after promulgation of such
requirements, and no such reopening is required if the effective date of the
requirement is later than the permit expiration date unless the original
permit or any of its terms or conditions have been extended past the permit
expiration date pursuant to RAC § 2-104(2)(b)(iii);
1.10.1.2.
Additional requirements (including excess emissions requirements) become
applicable to an affected source under the acid rain program. Upon
approval by the Administrator, excess emissions offset plans shall be
deemed to be incorporated into the permit;
1.10.1.3.
The Tribe or the Administrator determines that the permit contains a
material mistake or that inaccurate statements were made in establishing
the terms or conditions of the permit; or
1.10.1.4.
The Tribe or the Administrator determines that the permit must be revised
or revoked and reissued to assure compliance with applicable requirements.
1.10.2. The permit may be terminated for any of the reasons listed below:
1.10.2.1.
The permittee fails to meet the requirements of an approved compliance
plan;
1.10.2.2.
The permittee has been in significant or repetitious noncompliance with the
operating permit terms or conditions;
1.10.2.3.
The permittee has exhibited a history of willful disregard for environmental
laws of any tribal or state authority, or of the United States;
1.10.2.4.
The permittee has knowingly misrepresented a material fact in any
application, record, report, plan, or other document filed or required to be
maintained under the permit;
1.10.2.5.
The permittee falsifies, tampers with, or renders inaccurate any monitoring
device or method required to be maintained under the permit;
1.10.2.6.
The permittee fails to pay fees required under RAC§§ 2-118 and 2-119; or
15
1.10.2.7.
1.11.
The Administrator has found that cause exists to terminate the permit.
Property Rights [RAC 2-110(3)(e)]
This permit does not convey any property rights of any sort, or any exclusive privilege.
1.12.
Inspection and Entry [RAC 2-110(9)(b)]
Upon presentation of credentials and other documents as may be required by law, the
permittee shall allow authorized representatives of the Tribe or other authorized
representative to perform the following:
1.12.1. Enter upon the permittee’s premises where a source is located or emissions-related
activity is conducted, or where records must be kept under the conditions of the
permit;
1.12.2. Have access to and copy, at reasonable times, any records that must be kept under
the conditions of the permit;
1.12.3. Inspect at reasonable times any facilities, equipment (including monitoring and air
pollution control equipment), practices, or operations regulated or required under
the permit; and
1.12.4. As authorized by the Clean Air Act, sample or monitor at reasonable times
substances or parameters for the purpose of assuring compliance with the permit or
applicable requirements.
1.13.
[Reserved]
1.14.
Permit Transfers [RAC 2-113]
1.14.1. This permit shall not be transferable, by operation of law or otherwise, from one
location to another or from one source to another, except that a permit may be
transferred from one location to another in the case of a portable source that has
notified the Tribe in advance of the transfer, pursuant to the RAC. A permit for a
source may be transferred from one person to another if the Tribe finds that the
transferee is capable of operating the source in compliance with the permit. This
transfer must be accomplished through an administrative permit revision in
accordance with the Administrative Permit Revisions section of this permit.
1.15.
Off-Permit Changes [RAC 2-116(2)]
1.15.1. The permittee is allowed to make, without a permit revision, certain changes that
are not addressed or prohibited by this permit provided that the following
requirements are met:
16
1.15.1.1.
Each such change meets all applicable requirements and shall not violate
any existing permit term or condition;
1.15.1.2.
Such changes are not subject to any requirements under title IV of the
Clean Air Act and are not modifications under title I of the Clean Air Act;
1.15.1.3.
Such changes are not subject to permit revision procedures under RAC § 2111; and
1.15.1.4.
The permittee provides contemporaneous written notice to the Tribe and
the Administrator of each such change, except for changes that qualify as
insignificant activities. Such notice shall state when the change occurred
and shall describe the change, any resulting emissions change, pollutants
emitted, and any applicable requirement that would apply as a result of the
change.
[RAC 2-116(2)(a)]
1.15.2. The permit shield does not apply to changes made under this provision. [RAC 2110(10)(d)]
1.15.3. The permittee shall keep a record describing changes made at the source that result
in emissions of any regulated air pollutant subject to an applicable requirement, but
not otherwise regulated under the permit, and the emissions resulting from those
changes.
[RAC 2-116(2)(b)]
1.15.4. A copy of each off-permit change notification shall be made available to the Tribe
upon request.
[RAC 2-110(6)]
1.16.
Permit Expiration and Renewal
[RAC §§ 2-104(3), 2-106(2)(b), 2-107(7)(a), 2-107(7)(b), 2-110(1)(a), and 2-106(3)]
1.16.1. This permit shall expire five years from the issuance date of this permit.
[RAC 2-110(1)(a)]
1.16.2. Expiration of this permit terminates the permittee’s right to operate unless a timely
and complete permit renewal application has been submitted at least 6 months but
not more than 18 months prior to the date of expiration of this permit.
[RAC 2-107(7)(b)]
1.16.3. If the permittee submits a timely and complete permit application for renewal,
consistent with RAC § 2-106 but the Tribe has failed to issue or disapprove a
renewal permit before the end of the permit term, then the permit shall not expire
17
and all its terms and conditions shall remain in effect until the renewal permit has
been issued or disapproved.
[RAC 2-104(2)(b)]
1.16.4. The ability to operate under this permit shall cease if (1) the Tribe takes final
action to issue the permittee a renewal permit or deny the permittee a permit or (2)
the permittee fails to submit by the deadline specified in writing by the Tribe any
additional information identified as being needed to process the application.
[RAC 2-104(3)]
1.16.5. Renewal of this permit is subject to the same procedures, including those for
public participation and affected program and EPA review, as those that apply to
initial permit issuance.
[RAC 2-107(7)(a)]
1.16.6. The application for renewal shall include the current permit number, description of
permit revisions and off permit changes that occurred during the permit term, any
applicable requirements that were promulgated and not incorporated into the
permit during the permit term, and other information required by the application
form.
[RAC 2-106(4)(e)(ix)]
Facility-Wide Requirements
Conditions in this section of the permit apply to all emissions units located at the facility, including
any units not specifically listed in Table 1 or Table 2 of the Source Emission Points section of this
permit.
[RAC 2-110(1)(d)]
2.1. General Recordkeeping Requirements [RAC 2-110(6)]
The permittee shall comply with the following generally applicable recordkeeping
requirements:
2.1.1. If the permittee determines that his or her stationary source that emits (or has the
potential to emit, without federally recognized controls) one or more hazardous air
pollutants is not subject to a relevant standard or other requirement established
under 40 CFR part 63, the permittee shall keep a record of the applicability
determination, for a period of five years after the determination, or until the source
changes its operations to become an affected source, whichever comes first. Each
of these records shall be made available to the Tribe upon request. The record of
the applicability determination shall include an analysis (or other information) that
demonstrates why the permittee believes the source is unaffected (e.g., because the
source is an area source).
[40 CFR 63.10(b)(3)]
18
2.1.2. Records shall be kept of off permit changes made, as required by the Off Permit
Changes section of this permit.
2.2. General Reporting Requirements
2.2.1. The permittee shall submit to the Tribe all reports of any required monitoring
under this permit semiannually, by April 1 and October 1 of each year. The report
due on April 1 shall cover the July 1 - December 31 reporting period of the
previous calendar year. The report due on October 1 shall cover the January 1 June 30 reporting period of the current calendar year. All instances of deviations
from permit requirements shall be clearly identified in such reports. All required
reports shall be certified by a responsible official consistent with the Submissions
section of this permit.
[RAC 2-110(7)(a)]
2.2.2. “Deviation” means any situation in which an emissions unit fails to meet a permit
term or condition. A deviation is not always a violation. A deviation can be
determined by observation or through review of data obtained from any testing,
monitoring, or recordkeeping established in accordance with RAC 2-110(5) and
(6). For a situation lasting more than 24 hours which constitutes a deviation, each
24 hour period is considered a separate deviation. Included in the meaning of
deviation are any of the following:
2.2.2.1.
A situation where emissions exceed an emission limitation or standard;
2.2.2.2.
A situation where process or emissions control device parameter values
indicate that an emission limitation or standard has not been met; or
2.2.2.3.
A situation in which observations or data collected demonstrate
noncompliance with an emission limitation or standard or any work
practice or operating condition required by the permit.
2.2.2.4.
A situation in which an exceedance or an excursion, as defined in 40 CFR
Part 64 occurs.
[RAC 1-103(21)]
2.2.3. The permittee shall promptly report to the Tribe deviations from permit
requirements, (including emergencies), including the date, time, duration, and the
probable cause of such deviations, the quantity and pollutant type of excess
emissions resulting from the deviation, and any preventative, mitigation, or
corrective actions or measures taken. Prompt deviation reports shall be submitted
to the following email address: airquality@southernute-nsn.gov
2.2.4.
“Prompt” is defined as follows:
19
2.2.4.1.
Where the underlying applicable requirement contains a definition of
“prompt” or otherwise specifies a time frame for reporting deviations, that
definition or time frame shall govern.
2.2.4.2.
Where the underlying applicable requirement fails to address the time
frame for reporting deviations, reports of deviations will be submitted
based on the following schedule:
2.2.4.2.1.
For emissions of a hazardous air pollutant or a toxic air pollutant (as
identified in the applicable regulation) that continue for more than
an hour in excess of permit requirements, the report must be made
by email, telephone, verbal, or facsimile communication by the
close of business the next working day, upon discovery of the
occurrence, and in writing within 10 working days from the
occurrence;
2.2.4.2.2.
For emissions of any regulated air pollutant, excluding those listed
in RAC § 2-110(7)(b)(i), that continue for more than 2 hours in
excess of permit requirements, the report must be made by email,
telephone, verbal, or facsimile communication by the close of
business the next working day, upon discovery of the occurrence,
and in writing within 10 working days from the occurrence;
2.2.4.2.3.
For all other deviations from permit requirements, the report shall
be contained in the report submitted with the semi-annual
monitoring report.
[RAC 2-110(7)(b)]
2.3. Alternative Operating Scenarios [RAC 2-110(8)]
2.3.1. Replacement of an existing engine or turbine identified in this permit shall be
allowed as an off-permit change pursuant to the Off Permit Changes provisions of
this permit provided all of the following conditions are met:
2.3.1.1.
The engine or turbine replacement is not subject to any requirements under
Title IV of the Clean Air Act and is not a modification under Title I of the
Clean Air Act;
2.3.1.2.
The replacement engine or turbine is of the same make, model, horsepower
rating, and configured to operate in the same manner as the engine being
replaced.
20
2.3.1.3.
The replacement engine or turbine meets all applicable requirements
identified in this permit that apply to the existing engine or turbine being
replaced.
2.3.1.4.
All applicable requirements that apply to the replacement engine or turbine
are already included in the permit. Replacement of an existing engine or
turbine identified in this permit with a new, modified, or reconstructed
engine must utilize a Minor Permit Revision as specified in RAC 2-111(3)
or a Significant Permit Revision as specified in RAC 2-111(4) to
incorporate any new applicable requirements. The applicable requirements
include, but may not be limited to:
2.3.1.4.1.
Standards of Performance for Stationary Compression Ignition
Internal Combustion at 40 CFR Part 60, Subpart IIII
2.3.1.4.2.
Standards of Performance for Stationary Spark Ignition Internal
Combustion Engines at 40 CFR Part 60, Subpart JJJJ;
2.3.1.4.3.
National Emission Standard for Hazardous Air Pollutants for
Stationary Reciprocating Internal Combustion Engines at 40 CFR
Part 63, Subpart ZZZZ;
2.3.1.4.4.
Standards of Performance for Stationary Gas Turbines at 40 CFR
Part 60, Subpart GG;
2.3.1.4.5.
Standards of Performance for Stationary Combustion Turbines at 40
CFR Part 60, Subpart KKKK;
2.3.1.4.6.
National Emission Standard for Hazardous Air Pollutants for
Stationary Combustion Turbines at 40 CFR Part 63, Subpart
YYYY;
2.3.1.4.7.
Requirements established in a permit or permits issued pursuant to
the Federal Minor New Source Review Program in Indian Country
at 40 CFR Part 49;
2.3.1.4.8.
Requirements established in a permit or permits issued pursuant to
the Prevention of Significant Deterioration of Air Quality Program
at 40 CFR Part 52; or
2.3.1.4.9.
Requirements established in any promulgated Federal
Implementation Plan that may apply to engines located on the
Southern Ute Indian Reservation.
21
2.3.2. The permittee shall provide contemporaneous written notice to the Tribe and the
Administrator of any replacement of an existing engine or turbine identified in this
permit. Such notice shall state when the replacement occurred and shall describe
the replacement and any applicable requirement that would apply as a result of the
replacement.
2.3.3. The permittee shall keep a record of the engine or turbine replacement.
2.3.4. The use of a backup thermal oxidizer with equivalent capacity and emission
destruction efficiency and configured to operate in the same manner as the primary
thermal oxidizer shall be an allowed alternative operating scenario under this
permit provided that the following conditions are met:
2.3.4.1.
Any emission limits, requirements, testing or other provisions that apply to
the primary thermal oxidizer shall also apply to the backup thermal
oxidizer except that an annual performance test shall only be conducted on
the backup thermal oxidizer if the unit operates for more than 500 hours in
any calendar year.
2.3.4.2.
At no time shall the backup thermal oxidizer operate at the same time the
primary thermal oxidizer is operating except periods of transition between
the primary and backup thermal oxidizers. Transition events shall be
documented, last no more than 30 minutes in duration, and will be reported
as excess emission events.
2.4. Permit Shield [RAC 2-110(10)(c)]
Nothing in this permit shall alter or affect the following:
2.4.1. The provisions of Section 303 of the Clean Air Act, 42 U.S.C. § 7603 concerning
emergency powers, including the respective authorities of the Administrator under
those sections;
2.4.2. The liability of a permittee for any violation of applicable requirements prior to or
at the time of permit issuance;
2.4.3. The applicable requirements of the acid rain program consistent with section
408(a) of the Act; or
2.4.4. The ability of the Administrator respectively to obtain information from a source
pursuant to Section 114 of the Clean Air Act, 42 U.S.C. § 7414.
2.5. Stratospheric Ozone and Climate Protection [40 CFR Part 82]
22
The permittee shall comply with the standards for recycling and emissions reduction
pursuant to 40 CFR Part 82, Subpart F:
2.5.1. Persons opening appliances for maintenance, service, repair, or disposal must
comply with the required practices pursuant to 40 CFR §82.156.
2.5.2. Equipment used during the maintenance, service, repair, or disposal of appliances
must comply with the standards for recycling and recovery equipment pursuant to
40 CFR §82.158.
2.5.3. Persons performing maintenance, service, repair, or disposal of appliances must be
certified by an approved technician certification program pursuant to 40 CFR
§82.161.
Section III – Site Specific Permit Terms
Reserved – New Source Performance Standards (NSPS) and 40 CFR Part 60
National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR Part
63
2.1. 40 CFR Part 63, Subpart ZZZZ – National Emission Standards for Hazardous Air
Pollutants for Reciprocating Internal Combustion Engines [40 CFR 63.6580 –
63.6675 and RAC 4-103]
This facility is subject to the requirements of 40 CFR Part 63, Subpart ZZZZ for existing
4SRB stationary reciprocating internal combustion engines (RICE) with a site rating of
equal to or less than 500 brake horsepower located at a major source of hazardous air
pollutants (HAPs). Notwithstanding conditions in this permit, the permittee shall comply
with all applicable requirements of 40 CFR Part 63, Subparts A and ZZZZ.
2.1.1.
Affected Sources
The following emission unit is considered an affected source under 40 CFR Part 63,
Subpart ZZZZ:
G-201 - 157 site rated hp, Cummins GTA8.3-LC-G1 (4SRB SI) natural gas-fired
generator 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 with a site rating of
equal to or less than 500 brake HP located at a major source of HAP
23
emissions, you must comply with the emission limitations and other
requirements in Table 2c to this subpart which apply to you. Compliance
with the numerical emission limitations established in this subpart is based
on the results of testing the average of three 1-hour runs using the testing
requirements and procedures in §63.6620 and Table 4 to this subpart.
[40 CFR 63.6602]
Table 2c to Subpart ZZZZ of Part 63—Requirements for Existing Spark Ignition Stationary RICE ≤500 HP
Located at a Major Source of HAP Emissions
You must meet the following requirement,
For Each…
During periods of startup you must…
except during periods of startup…
11. NonLimit concentration of formaldehyde in the Minimize the engine’s time spent at idle and
emergency, nonstationary RICE exhaust to 10.3 ppmvd or
minimize the engine’s startup time at startup to a
black start 4SRB
less at 15 percent O2.
period needed for appropriate and safe loading of
stationary RICE
the engine, not to exceed 30 minutes, after which
100≤HP≤500
time the non-startup emission limitations apply. 3
3
Sources can petition the Administrator pursuant to the requirements of 40 CFR 63.6(g) for alternative work practices.
2.1.3. General Compliance Requirements
2.1.3.1.
You must be in compliance with the emission limitations, 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 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 each…
You must conduct any initial performance test or other initial compliance
demonstration according to Tables 4 and 5 to this subpart that apply to you
within 180 days after the compliance date that is specified for your
stationary RICE in §63.6595 and according to the provisions in §63.7(a)(2).
Table 4 to Subpart ZZZZ of Part 63—Requirements for Performance Tests
Complying with the
According to the following
You must…
Using…
requirement to…
requirements…
24
3. Stationary
RICE
a. limit the
concentration of
formaldehyde in the
stationary RICE
exhaust
i. Select the
sampling port
location and the
number/location
of traverse
points at the
exhaust of the
stationary
RICE; and
ii. Determine
the O2
concentration of
the stationary
RICE exhaust at
the sampling
port location;
and
iii. Measure
moisture
content of the
station-ary
RICE exhaust at
the sampling
port location;
and
iv. Measure
formalde-hyde
at the exhaust
of the stationary RICE; or
25
(1) Method 3 or 3A
or 3B of 40 CFR part
60, appendix A-2, or
ASTM Method
D6522-00
(Reapproved 2005)a
(heated probe not
necessary)
(1) Method 4 of 40
CFR part 60,
appendix A-3, or
Method 320 of 40
CFR part 63,
appendix A, or
ASTM D 6348-03a
(1) Method 320 or
323 of 40 CFR part
63, appendix A; or
ASTM D6348-03a,
provided in ASTM
D6348-03 Annex A5
(Analyte Spiking
Technique), the
percent R must be
greater than or equal
(a) For formaldehyde, O2, and
moisture measurement, ducts
≤6 inches in diameter may be
sampled at a single point
located at the duct centroid
and ducts >6 and ≤12 inches
in diameter may be sampled at
3 traverse points located at
16.7, 50.0, and 83.3% of the
measurement line (`3-point
long line'). If the duct is >12
inches in diameter and the
sampling port location meets
the two and half-diameter
criterion of Section 11.1.1 of
Method 1 of 40 CFR part 60,
appendix A, the duct may be
sampled at `3-point long line';
otherwise, conduct the
stratification testing and select
sampling points according to
Section 8.1.2 of Method 7E of
40 CFR part 60, appendix A.
If using a control device, the
sampling site must be located
at the outlet of the control
device.
(a) Measurements to
determine O2 concentration
must be made at the same time
and location as the
measurements for
formaldehyde concentration.
(a) Measurements to
determine moisture content
must be made at the same time
and location as the
measurements for
formaldehyde concentration.
(a) Formaldehyde
concentration must be at 15
percent O2, dry basis. Results
of this test consist of the
average of the three 1-hour or
longer runs.
to 70 and less than or
equal to 130
a
You may also use Methods 3A and 10 as options to ASTM-D6522-00 (2005). You may obtain a copy of ASTMD6522-00 (2005) from at least one of the following addresses: American Society for Testing and Materials, 100 Barr
Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms International, 300 North Zeeb Road,
Ann Arbor, MI 48106.
b
You may obtain a copy of ASTM-D6348-03 from at least one of the following addresses: American Society for
Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms
International, 300 North Zeeb Road, Ann Arbor, MI 48106.
Table 5 to Subpart ZZZZ of Part 63—Initial Compliance With Emission Limitations, Operating
Limitations, and Other Requirements
Complying with the
You have demonstrated initial compliance
For each…
requirement to…
if…
12. Existing non-emergency stationary
a. Limit the
i. The average formaldehyde concentration,
RICE 100≤HP≤500 located at a major
concentration of
as applicable, corrected to 15 percent O2, dry
source of HAP
formaldehyde in the
basis, from the three test runs is less than or
stationary RICE
equal to the formaldehyde emission
exhaust
limitation, as applicable.
2.1.4.2.
An owner or operator is not required to conduct an initial performance test
on a unit for which a performance test has been previously conducted, but
the test must meet all of the conditions described in the paragraphs below:
2.1.4.2.1.
The test must have been conducted using the same methods
specified in this subpart, and these methods must have been
followed correctly.
2.1.4.2.2.
The test must not be older than 2 years.
2.1.4.2.3.
The test must be reviewed and accepted by the Administrator.
2.1.4.2.4.
Either no process or equipment changes must have been made since
the test was performed, or the owner or operator must be able to
demonstrate that the results of the performance test, with or without
adjustments, reliably demonstrate compliance despite process or
equipment changes.
[40 CFR 63.6612]
2.1.4.3.
If you must comply with the emission limitations and operating limitations,
you must conduct subsequent performance tests as specified in Table 3 of
this subpart. Table 3 of Subpart ZZZZ does not require subsequent
performance testing for existing 4SRB stationary RICE with a site-rating of
less than 500 HP located at a major source of HAP.
[40 CFR 63.6615]
26
2.1.4.4.
You must conduct each performance test in Table 4 of this subpart that
applies to you.
2.1.4.5.
Each performance test must be conducted according to the requirements
that this subpart specifies in Table 4 to this subpart. If you own or operate a
non-operational stationary RICE that is subject to performance testing, you
do not need to start up the engine solely to conduct the performance test.
Owners and operators of a non-operational engine can conduct the
performance test when the engine is started up again.
2.1.4.6.
You must conduct three separate test runs for each performance test
required in this section, as specified in §63.7(e)(3). Each test run must last
at least 1 hour, unless otherwise specified in Subpart ZZZZ.
2.1.4.7.
You must normalize the CO, THC, or formaldehyde concentrations at the
inlet and outlet of the control device to a dry basis and to 15 percent
oxygen, or an equivalent percent carbon dioxide (CO2). If pollutant
concentrations are to be corrected to 15 percent oxygen and CO2
concentration is measured in lieu of oxygen concentration measurement, a
CO2 correction factor is needed. Calculate the CO2 correction factor as
described in the paragraphs below:
2.1.4.7.1.
Calculate the fuel-specific Fo value for the fuel burned during the
test using values obtained from Method 19, Section 5.2, and the
following equation:
𝑭𝑶 =
𝟎. 𝟐𝟎𝟗 𝑭𝒅
𝑭𝒄
(𝑬𝒒. 𝟐)
Where:
Fo = Fuel factor based on the ratio of oxygen volume to the ultimate
CO2 volume produced by the fuel at zero percent excess air.
0.209 = Fraction of air that is oxygen, percent/100.
Fd = Ratio of the volume of dry effluent gas to the gross calorific
value of the fuel from Method 19, dsm3/J (dscf/106 Btu).
Fc = Ratio of the volume of CO2 produced to the gross calorific value
of the fuel from Method 19, dsm3/J (dscf/106 Btu).
27
2.1.4.7.2.
Calculate the CO2 correction factor for correcting measurement data
to 15 percent O2, as follows:
𝑿𝑪𝑶𝟐 =
𝟓. 𝟗
𝑭𝑶
(𝑬𝒒. 𝟑)
Where:
XCO2 = CO2 correction factor, percent.
5.9 = 20.9 percent O2—15 percent O2, the defined O2 correction
value, percent.
2.1.4.7.3.
Calculate the CO, THC, and formaldehyde gas concentrations
adjusted to 15 percent O2 using CO2 as follows:
𝑪𝒂𝒅𝒋 = 𝑪𝒅
𝑿𝑪𝑶𝟐
%𝑪𝑶𝟐
(𝑬𝒒. 𝟒)
Where:
Cadj = Calculated concentration of CO, THC, or formaldehyde
adjusted to 15 percent O2.
Cd = Measured concentration of CO, THC, or formaldehyde,
uncorrected.
XCO2 = CO2 correction factor, percent.
%CO2 = Measured CO2 concentration measured, dry basis, percent.
2.1.4.8.
If you comply with the emission limitation to reduce formaldehyde and you
are not using NSCR, or if you comply with the emission limitation to limit
the concentration of formaldehyde in the stationary RICE exhaust and you
are not using an oxidation catalyst or NSCR, you must petition the
Administrator for operating limitations to be established during the initial
performance test and continuously monitored thereafter; or for approval of
no operating limitations. You must not conduct the initial performance test
until after the petition has been approved by the Administrator.
28
2.1.4.9.
If you petition the Administrator for approval of operating limitations, your
petition must include the information described in the paragraphs below:
2.1.4.9.1.
Identification of the specific parameters you propose to use as
operating limitations;
2.1.4.9.2.
A discussion of the relationship between these parameters and HAP
emissions, identifying how HAP emissions change with changes in
these parameters, and how limitations on these parameters will
serve to limit HAP emissions;
2.1.4.9.3.
A discussion of how you will establish the upper and/or lower
values for these parameters which will establish the limits on these
parameters in the operating limitations;
2.1.4.9.4.
A discussion identifying the methods you will use to measure and
the instruments you will use to monitor these parameters, as well as
the relative accuracy and precision of these methods and
instruments; and
2.1.4.9.5.
A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.
2.1.4.10.
If you petition the Administrator for approval of no operating limitations,
your petition must include the information described in the paragraphs
below:
2.1.4.10.1.
Identification of the parameters associated with operation of the
stationary RICE and any emission control device which could
change intentionally (e.g., operator adjustment, automatic controller
adjustment, etc.) or unintentionally (e.g., wear and tear, error, etc.)
on a routine basis or over time;
2.1.4.10.2.
A discussion of the relationship, if any, between changes in the
parameters and changes in HAP emissions;
2.1.4.10.3.
For the parameters which could change in such a way as to increase
HAP emissions, a discussion of whether establishing limitations on
the parameters would serve to limit HAP emissions;
2.1.4.10.4.
For the parameters which could change in such a way as to increase
HAP emissions, a discussion of how you could establish upper
and/or lower values for the parameters which would establish limits
on the parameters in operating limitations;
29
2.1.4.10.5.
For the parameters, a discussion identifying the methods you could
use to measure them and the instruments you could use to monitor
them, as well as the relative accuracy and precision of the methods
and instruments;
2.1.4.10.6.
For the parameters, a discussion identifying the frequency and
methods for recalibrating the instruments you could use to monitor
them; and
2.1.4.10.7.
A discussion of why, from your point of view, it is infeasible or
unreasonable to adopt the parameters as operating limitations.
2.1.4.11.
The engine percent load during a performance test must be determined by
documenting the calculations, assumptions, and measurement devices used
to measure or estimate the percent load in a specific application. A written
report of the average percent load determination must be included in the
notification of compliance status. The following information must be
included in the written report: the engine model number, the engine
manufacturer, the year of purchase, the manufacturer's site-rated brake
horsepower, the ambient temperature, pressure, and humidity during the
performance test, and all assumptions that were made to estimate or
calculate percent load during the performance test must be clearly
explained. If measurement devices such as flow meters, kilowatt meters,
beta analyzers, stain gauges, etc. are used, the model number of the
measurement device, and an estimate of its accurate in percentage of true
value must be provided.
[40 CFR 63.6620]
2.1.4.12.
If you operate a new, reconstructed, or existing stationary engine, 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 2c to this
subpart apply.
[40 CFR 63.6625]
2.1.4.13.
You must demonstrate initial compliance with each emission limitation,
operating limitation, and other requirement that applies to you according to
Table 5 of this subpart.
2.1.4.14.
You must submit the Notification of Compliance Status containing the
results of the initial compliance demonstration according to the
requirements in §63.6645.
[40 CFR 63.6630]
30
2.1.5. Continuous Compliance Requirements
2.1.5.1.
You must report each instance in which you did not meet each emission
limitation or operating limitation in Table 2c 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. If you change your catalyst, you must
reestablish the values of the operating parameters measured during the
initial performance test. When you reestablish the values of your operating
parameters, you must also conduct a performance test to demonstrate that
you are meeting the required emission limitation applicable to your
stationary RICE.
2.1.5.2.
You must also report each instance in which you did not meet the
requirements in Table 8 to this subpart that apply to you.
[40 CFR 63.6640]
2.1.6. Notifications, Reports, and Records
2.1.6.1.
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 €, and (g) and (h) that apply to you by the dates
specified.
2.1.6.2.
You must submit a Notification of Intent to conduct a performance test at
least 60 days before the performance test is scheduled to begin as required
in §63.7(b)(1)
2.1.6.3.
For each initial compliance demonstration required in Table 5 to this
subpart that includes a performance test conducted according to the
requirements in Table 3 to this subpart, you must submit the Notification of
Compliance Status, including the performance test results, before the close
of business on the 60th day following the completion of the performance
test according to §63.10(d)(2).
[40 CFR 63.6645]
2.1.6.4.
You must submit each report in Table 7 of this subpart that applies to you.
Table 7 to Subpart ZZZZ of Part 63—Requirements for Reports
For each…
You must submit a…
The report must contain…
You must submit the report…
1. Existing nonCompliance report
a. If there are no deviations
i. Semiannually according to
emergency, nonfrom any emission
the requirements in
black start stationary
limitations or operating
§63.6650(b)(1)-(5) for engines
RICE 100≤HP≤500
limitations that apply to you,
that are not limited use
located at a major
a statement that there were no stationary RICE subject to
source of HAP
deviations from the emission
31
limitations or operating
limitations during the
reporting period.
b. If you had a deviation from
any emission limitation or
operating limitation during
the reporting period, the
information in §63.6650(d).
c. If you had a malfunction
during the reporting period,
the information in
§63.6650(c)(4).
numerical emission
limitations; and
ii. Annually according to the
requirements in
§63.6650(b)(6)-(9) for engines
that are limited use stationary
RICE subject to numerical
emission limitations.
i. Semiannually according to
the requirements in
§63.6650(b).
i. Semiannually according to
the requirements in
§63.6650(b
2.1.6.5.
You must submit a compliance report semi-annually by April 1 and
October 1 of each year. The report due on April 1 shall cover the July 1 –
December 31 reporting period of the previous calendar year. The report due
on October 1 shall cover the January 1 – June 30 reporting period of the
current calendar year.
2.1.6.6.
The Compliance report must contain the information in the paragraphs
below:
2.1.6.6.1.
Company name and address.
2.1.6.6.2.
Statement by a responsible official, with that official's name, title,
and signature, certifying the accuracy of the content of the report.
2.1.6.6.3.
Date of report and beginning and ending dates of the reporting
period.
2.1.6.6.4.
If you had a malfunction during the reporting period, the
compliance report must include the number, duration, and a brief
description for each type of malfunction which occurred during the
reporting period and which caused or may have caused any
applicable emission limitation to be exceeded. The report must also
include a description of actions taken by an owner or operator
during a malfunction of an affected source to minimize emissions in
accordance with §63.6605(b), including actions taken to correct a
malfunction.
2.1.6.6.5.
If there are no deviations from any emission or operating limitations
that apply to you, a statement that there were no deviations from the
emission or operating limitations during the reporting period.
32
2.1.6.7.
For each deviation from an emission or operating limitation that occurs for
a stationary RICE where you are not using a CMS to comply with the
emission or operating limitations in this subpart, the Compliance report
must contain the information in 63.6650(c)(1) through (4) and the
information in the paragraphs below:
2.1.6.7.1.
The total operating time of the stationary RICE at which the
deviation occurred during the reporting period.
2.1.6.7.2.
Information on the number, duration, and cause of deviations
(including unknown cause, if applicable), as applicable, and the
corrective action taken.
2.1.6.8.
You must report all deviations as defined in this subpart in the semi-annual
monitoring report required by 40 CFR 70.6 (a)(3)(iii)(A). If an affected
source submits a Compliance report pursuant to Table 7 of this subpart
along with, or as part of, the semiannual monitoring report required by 40
CFR 70.6(a)(3)(iii)(A), and the Compliance report includes all required
information concerning deviations from any emission or operating
limitation in this subpart, submission of the Compliance report shall be
deemed to satisfy any obligation to report the same deviations in the
semiannual monitoring report. However, submission of a Compliance
report shall not otherwise affect any obligation the affected source may
have to report deviations from permit requirements to the permit authority.
[40 CFR 63.6650]
2.1.6.9.
If you must comply with the emission and operating limitations, you must
keep the records described below:
2.1.6.9.1.
A copy of each notification and report that you submitted to comply
with this subpart, including all documentation supporting any Initial
Notification or Notification of Compliance Status that you
submitted, according to the requirement in §63.10(b)(2)(xiv).
2.1.6.9.2.
Records of the occurrence and duration of each malfunction of
operation (i.e., process equipment) or the air pollution control and
monitoring equipment.
2.1.6.9.3.
Records of performance tests and performance evaluations as
required in §63.10(b)(2)(viii).
2.1.6.9.4.
Records of all required maintenance performed on the air pollution
control and monitoring equipment.
33
2.1.6.9.5.
Records of actions taken during periods of malfunction to minimize
emissions in accordance with §63.6605(b), including corrective
actions to restore malfunctioning process and air pollution control
and monitoring equipment to its normal or usual manner of
operation.
[40 CFR 63.6655]
2.1.6.10.
Your records must be in a form suitable and readily available for
expeditious review according to §63.10(b)(1).
2.1.6.11.
As specified in §63.10(b)(1), you must keep each record for 5 years
following the date of each occurrence, measurement, maintenance,
corrective action, report, or record.
2.1.6.12.
You must keep each record readily accessible in hard copy or electronic
form for at least 5 years after the date of each occurrence, measurement,
maintenance, corrective action, report, or record, according to §63.10(b)(1).
[40 CFR 63.6660]
2.1.7. Other Requirements and Information
2.1.7.1.
Table 8 to this subpart shows which parts of the General Provisions in
§§63.1 through 63.15 apply to you.
Table 8 to Subpart ZZZZ of Part 63—Applicability of General Provisions to Subpart ZZZZ
General
Subject of citation
Applies to subpart
Explanation
provisions citation
§63.1
General applicability of the
Yes.
General Provisions
§63.2
Definitions
Yes
Additional terms defined in §63.6675.
§63.3
Units and abbreviations
Yes.
§63.4
Prohibited activities and
Yes.
circumvention
§63.5
Construction and reconstruction
Yes.
§63.6(a)
Applicability
Yes.
§63.6(b)(1)-(4)
Compliance dates for new and
Yes.
reconstructed sources
§63.6(b)(5)
Notification
Yes.
§63.6(b)(7)
Compliance dates for new and
Yes.
reconstructed area sources that
become major sources
§63.6(c)(1)-(2)
Compliance dates for existing
Yes.
sources
§63.6(c)(5)
Compliance dates for existing area Yes.
sources that become major sources
§63.6(f)(2)
Methods for determining
Yes.
compliance
34
§63.6(f)(3)
§63.6(g)(1)-(3)
§63.6(i)
§63.6(j)
§63.7(a)(1)-(2)
Finding of compliance
Yes.
Use of alternate standard
Yes.
Compliance extension procedures Yes.
and criteria
Presidential compliance exemption Yes.
Performance test dates
Yes
§63.7(a)(3)
§63.7(b)(1)
CAA section 114 authority
Notification of performance test
Yes.
Yes
§63.7(b)(2)
Notification of rescheduling
Yes
§63.7(c)
Quality assurance/test plan
Yes
§63.7(d)
§63.7(e)(2)
Testing facilities
Conduct of performance tests and
reduction of data
Test run duration
Administrator may require other
testing under section 114 of the
CAA
Alternative test method provisions
Performance test data analysis,
recordkeeping, and reporting
Waiver of tests
Applicability of monitoring
requirements
Yes.
Yes
Performance specifications
Monitoring
Multiple effluents and multiple
monitoring systems
Monitoring system operation and
maintenance
SSM not in Startup Shutdown
Malfunction Plan
Monitoring system installation
Continuous monitoring system
(CMS) requirements
Yes.
Yes.
Yes.
§63.8(c)(6)-(8)
CMS requirements
Yes
§63.8(d)
§63.8(e)
CMS quality control
CMS performance evaluation
Yes.
Yes
§63.7(e)(3)
§63.7(e)(4)
§63.7(f)
§63.7(g)
§63.7(h)
§63.8(a)(1)
§63.8(a)(2)
§63.8(b)(1)
§63.8(b)(2)-(3)
§63.8(c)(1)
§63.8(c)(1)(ii)
§63.8(c)(2)-(3)
§63.8(c)(4)
Subpart ZZZZ contains performance
test dates at §§63.6610, 63.6611, and
63.6612.
Except that §63.7(b)(1) only applies as
specified in §63.6645.
Except that §63.7(b)(2) only applies as
specified in §63.6645.
Except that §63.7(c) only applies as
specified in §63.6645.
Subpart ZZZZ specifies test methods at
§63.6620.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes
Subpart ZZZZ contains specific
requirements for monitoring at
§63.6625.
Yes.
Yes.
Yes.
Yes
Except that
§63.8(e) only
35
Except that subpart ZZZZ does not
require Continuous Opacity Monitoring
System (COMS).
Except that subpart ZZZZ does not
require COMS.
Except for §63.8(e)(5)(ii), which
applies to COMS.
§63.8(f)(1)-(5)
§63.8(f)(6)
§63.8(g)
§63.9(a)
§63.9(b)(1)-(5)
§63.9(c)
§63.9(d)
§63.9(e)
§63.9(g)(1)
§63.9(g)(3)
§63.9(h)(1)-(6)
§63.9(i)
§63.9(j)
§63.10(a)
§63.10(b)(1)
§63.10(b)(2)(vi)(xi)
§63.10(b)(2)(xii)
§63.10(b)(2)(xiii)
§63.10(b)(2)(xiv)
applies as specified
in §63.6645.
Alternative monitoring method
Yes
Except that §63.8(f)(4) only applies as
specified in §63.6645.
Alternative to relative accuracy test Yes
Except that §63.8(f)(6) only applies as
specified in §63.6645.
Data reduction
Yes
Except that provisions for COMS are
not applicable. Averaging periods for
demonstrating compliance are specified
at §§63.6635 and 63.6640.
Applicability and State delegation Yes.
of notification requirements
Initial notifications
Yes
Except that §63.9(b)(3) is reserved.
Except that
§63.9(b) only
applies as specified
in §63.6645.
Request for compliance extension Yes
Except that §63.9(c) only applies as
specified in §63.6645.
Notification of special compliance Yes
Except that §63.9(d) only applies as
requirements for new sources
specified in §63.6645.
Notification of performance test
Yes
Except that §63.9(e) only applies as
specified in §63.6645.
Notification of performance
Yes
Except that §63.9(g) only applies as
evaluation
specified in §63.6645.
Notification that criterion for
Yes
If alternative is in use.
alternative to RATA is exceeded
Except that
§63.9(g) only
applies as specified
in §63.6645.
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.
Adjustment of submittal deadlines Yes.
Change in previous information
Yes.
Administrative provisions for
Yes.
recordkeeping/reporting
Record retention
Yes
Except that the most recent 2 years of
data do not have to be retained on site.
Records
Yes.
Record when under waiver
Records when using alternative to
RATA
Records of supporting
documentation
Yes.
Yes
Yes.
36
For CO standard if using RATA
alternative.
§63.10(b)(3)
§63.10(c)
§63.10(d)(1)
§63.10(d)(2)
§63.10(d)(4)
§63.10(e)(1) and
(2)(i)
§63.10(e)(3)
§63.10(f)
Records of applicability
determination
Additional records for sources
using CEMS
General reporting requirements
Report of performance test results
Progress reports
Additional CMS Reports
Yes.
Yes
Except that §63.10(c)(2)-(4) and (9) are
reserved.
Yes.
Yes.
Yes.
Yes.
Excess emission and parameter
Yes.
exceedances reports
Waiver for recordkeeping/reporting Yes.
Except that §63.10(e)(3)(i) (C) is
reserved.
2.2. 40 CFR Part 63, Subpart HH - National Emission Standards for Hazardous Air
Pollutants from Oil and Natural Gas Production Facilities [40 CFR 63.760 –
63.779 and RAC 4-103]
The permittee is the owner or operator of a glycol dehydration unit that is exempt from the
standards of 40 CFR §63.764(d). The permittee shall retain each determination used to
demonstrate that the actual average benzene emissions from each dehydrator are below 0.90
megagram per year.
[40 CFR 63.764(e)(1), 63.772(b), and 63.774(d)(1)]
2.2.1. The permittee must obtain an extended wet gas analysis of the inlet gas stream at
least once per calendar year. The gas sample shall be taken at a point prior to
where the gas enters the dehydration system contact tower. The analysis shall
include the gas temperature and pressure at which the sample was taken. The gas
analysis results and corresponding temperature and pressure documented during
collection of the gas sample must be used to determine the actual average benzene
emissions annually, in accordance with §63.772(b)(2)(i) or (ii). If electing to make
this demonstration according §63.772(b)(2)(i), using the GRI-GLYCalc TM model,
the permittee shall perform each model run using a single gas analysis and the
corresponding temperature and pressure documented during collection of the gas
sample. The permittee may elect to average the results of multiple GRIGLYCalcTM model runs in determining actual average benzene emissions
annually, if multiple gas samples are collected within a 12-month period.
[RAC 2-110(5)(b)]
Reserved – Tribal Minor New Source Review
Reserved – Prevention of Significant Deterioration Requirements
Reserved – Consent Decree Requirements
37
Reserved – Compliance Assurance Monitoring (CAM) Requirements
Enhanced Monitoring, Recordkeeping, and Reporting
7.1. Any documents required to be submitted under this Title V operating permit, including
but not limited to, reports, test data, monitoring data, notifications, compliance
certifications, fee calculation worksheets, and applications for renewals and permit
modifications shall be submitted to the Tribe:
by email at: airqualty@southernute-nsn.gov
or by United States Postal Service:
or by Common Carrier:
Part 70 Program
Environmental Programs Department
Air Quality Division
P.O. Box 737 MS #84
Ignacio, Colorado 81137
Part 70 Program
Environmental Programs Department
Air Quality Division
398 Ouray Drive
Ignacio, CO 81137
38
Section IV – Appendix
Inspection Information
1.1. Driving Directions:
From Durango take U.S 550 south to intersection with CR 213. Take CR 213 south about 6
miles to intersection with CR 214 (at bridge over Animas River). Veer left onto CR 214 for
about 2 miles. Turn right on second road to the right. Take the access road about 1 mile to
the Animas Compressor Station on the left.
1.2. Global Positioning System (GPS):
Latitude:
37.137119 °N
Longitude:
-107.887193 °W
1.3. Safety Considerations:
Red Cedar Gathering Company requires persons entering the site to wear a hard hat, safety
glasses, safety toe footwear, hearing protection, and fire-retardant clothing. Red Cedar also
requires a permit be issued prior to the performance of any hot work at the station.
39
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.