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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

Arkansas Loop and Simpson Treating Plants

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

accordance with the conditions listed in this permit.

This source is authorized to operate at the following location:

Southern Ute Indian Reservation

Section 1, T32N, R9W

La Plata County, Colorado

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

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

the Clean Air Act.

Daniel Powers, Air Quality Division Head

Environmental Programs Department

Southern Ute Indian Tribe

AIR POLLUTION CONTROL

TITLE V PERMIT TO OPERATE

Red Cedar Gathering Company

Arkansas Loop and Simpson Treating Plants

SUIT Account Identification Code: 2-019

Permit Number: V-SUIT-0010-2019.03

[Replaces Permit No.: V-SUIT-0010-2019.02]

Issue Date:

Effective Date:

Expiration Date:

June 17, 2025

June 17, 2025

March 2, 2026

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

March 2000

Permit Issued

Initial Part 71 Permit Issued

# V-SU-0010-00.00

April 17, 2007

Permit Issued

First Part 71 Renewal Permit Issued

# V-SU-0010-05.00

August 17, 2007

Permit Revision

February 5, 2008

Permit Revision

July 3, 2008

Permit Revision

October 6, 2010

Permit Revision

Administrative Permit Revision

 Updated contact phone numbers

 Revised Alternative Operating Scenarios and Off

Permit Changes sections for clarification

 Updated permit revision history

Administrative Permit Revision

 Updated mailing address for submittal if annual fee

payments

 Updated serial numbers

 Removed non-enforceable facility information (i.e.

R.O., Facility Contact)

 Updated permit revision history

Administrative Permit Revision

 Updated plant mail address

 Revised 40 CFR Part 63, Subpart ZZZZ for recently

promulgated rules

 Revised Alternative Operating Scenarios and Off

Permit Changes sections for clarification

 Updated permit revision section

Significant Permit Revision

 Revised facility name

 Added new emission units

 Added new applicable requirements (40 CFR Part 60,

Subpart Dc)

 Added new applicable requirements for engine (40

CFR Part 60, Subpart JJJJ; 40 CFR Part 63, Subpart

ZZZZ)

# V-SU-0010-05.01

# V-SU-0010-05.02

# V-SU-0010-05.03

# V-SU-0010-05.04

November 17,

2011

Permit Revision

June 5, 2014

Permit Issued

August 28, 2014

Permit Issued

January 6, 2015

Permit Issued

August 28, 2018

Permit Issued

May 26, 2020

Permit Revision

March 2, 2021

Permit Issued

April 18, 2024

Permit Revision

February 19, 2025

Permit Revision

February 19, 2025

Permit Revision

February 20, 2025

Permit Revision

March 20, 2025

Permit Revision

 Added new section with permittee requested emission

limits, monitoring, recordkeeping and reporting

requirements

 Added 40 CFR Part 63, Subpart HH recordkeeping

requirements

 Revised and added Facility-Wide Requirements

Minor Permit Revision

 Revised facility name

 Updated engine serial number

 Added approved alternative test methods to 40 CFR

Part 60, Appendix A

Synthetic Minor Permit Issued

 Removal and installation of equipment

Minor Permit Revision

 Addition of two engines

Initial Part 70 Permit Issued

 Replaces EPA-issued permit:

V-SU-00010-2005.05

Synthetic Minor Permit Issued

 Incorporation of legally and practically enforceable

emission limitations for benzene

Synthetic Minor Permit Revision

 Revised operational and monitoring requirements.

First Part 70 Renewal Permit Issued

 Replaces SUIT-issued permit:

V-SUIT-0010-2015.00

Minor Permit Revision

 Incorporate amended Synthetic Minor NSR permits

issued by EPA Region 8

 Section II.1.13. – Emergency Situations. Removed

affirmative defense provisions.

Synthetic Minor Permit Revision

 Revised language for monitoring and testing

timeframes to align with Title V requirements.

Synthetic Minor Permit Revision

 Increased maximum throughput for dehydration unit.

Synthetic Minor Permit Revision

 Revised language requiring CO2 analysis be

conducted by a laboratory.

 Incorporated requirements for monitoring protocol

and maintenance recordkeeping for CO2 analysis.

 Revised language for monitoring frequency to align

with Title V requirements.

Minor NSR Permit Revisions

 Incorporate revised Minor NSR permits issued by

SUIT AQD

 Section III.2.1.1. – Revised gas analysis sampling

timeframe language

# V-SU-00010-2005.05

# SMNSR-SU-000010-2011.001

# MNSR-SU-000010-2014.002

# V-SUIT-0010-2015.00

# SMNSR-SU-0000010-2017.003

# SMNSR-SU-000010-2019.004

# V-SUIT-0010-2019.00

# V-SUIT-0010-2019.01

# MNSR-SU-000010-2014.03

# SMNSR-SU-000010-2020.005B

# SMNSR-SU-000010-2020.002A

# V-SUIT-0010-2019.02

June 17, 2025

Permit Revision

Administrative Permit Revision

Section I.2. – Revised emission unit RB-050

in ‘Table 1 – Emission Units’ from 30 to 37

MMscf/day.

# V-SUIT-0010-2019.03

Table of Contents

Abbreviations and Acronyms ................................................................................................................................ iii

Section I – Source Information and Emission Unit Identification ............................................................................ 1

Source Information ..........................................................................................................................................1

Source Emission Points ....................................................................................................................................3

Section II – General Requirements ......................................................................................................................... 6

Title V Administrative Requirements ...............................................................................................................6

1.1.

Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118] ........................................................................ 6

1.2.

Compliance Requirements ....................................................................................................................8

1.3.

Duty to Provide and Supplement Information [RAC 2-110(7)(e), 2-106(5), and 2-124] ....................10

1.4.

Submissions [RAC 2-105] .....................................................................................................................10

1.5.

Severability Clause [RAC 1-106 and RAC 2-110(1)(f)] .........................................................................11

1.6.

Permit Actions [RAC 2-110(3)] ............................................................................................................ 11

1.7.

Administrative Permit Revision [RAC 2-111(2)] .................................................................................11

1.8.

Minor Permit Revisions [RAC 2-111(3)] ..............................................................................................12

1.9.

Significant Permit Revisions [RAC 2-111(4)] .......................................................................................13

1.10.

Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2-112] .........................13

1.11.

Property Rights [RAC 2-110(3)(e)] .......................................................................................................14

1.12.

Inspection and Entry [RAC 2-110(9)(b)] ..............................................................................................14

1.13.

[Reserved] ............................................................................................................................................15

1.14.

Permit Transfers [RAC 2-113] ..............................................................................................................15

1.15.

Off-Permit Changes [RAC 2-116(2)]..................................................................................................... 15

1.16.

Permit Expiration and Renewal ..........................................................................................................16

Facility-Wide Requirements...........................................................................................................................17

2.1.

General Recordkeeping Requirements [RAC 2-110(6)] ...................................................................... 17

2.2.

General Reporting Requirements .......................................................................................................18

2.3.

Alternative Operating Scenarios [RAC 2-110(8)] ................................................................................19

2.4.

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

2.5.

Stratospheric Ozone and Climate Protection [40 CFR Part 82] ..........................................................22

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

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

1.1.

40 CFR Part 60, Subpart Dc – Standards of Performance for Small Industrial-CommercialInstitutional Steam Generating Units [40 CFR§ 60.40c – 60.48c and RAC §3-102] .........................................23

1.2.

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

Combustion Engines [40 CFR §60.4230 – 60.4248 and RAC §3-102] ................................................................24

National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR Part 63 ...........................36

2.1.

40 CFR Part 63, Subpart HH – National Emission Standards for Hazardous Air Pollutants From Oil

and Natural Gas Production Facilities [40 CFR §63.760 – 63.779 and RAC §4-103] .........................................36

2.2.

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

Stationary Reciprocating Internal Combustion Engines [40 CFR §63.6580 – 63.6660 and RAC §4-103] .........36

i

2.3.

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

Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters [40 CFR §63.7480 –

63.7575 and RAC §4-103]...................................................................................................................................57

Tribal Minor New Source Review...................................................................................................................69

3.1.

Synthetic Minor New Source Review Permit Requirements [SMNSR-SU-000010-2020.002A] .........69

3.2.

Minor New Source Review Permit Requirements [MNSR-SU-000010-2014.003] .............................88

3.3.

Synthetic Minor New Source Review Permit Requirements [SMNSR-SU-000010-2020.005B] .......102

3.4.

General Provisions ............................................................................................................................123

Reserved – Prevention of Significant Deterioration Requirements .............................................................127

Reserved – Consent Decree Requirements ..................................................................................................127

Reserved – Compliance Assurance Monitoring (CAM) Requirements .........................................................128

Enhanced Monitoring, Recordkeeping, and Reporting................................................................................128

Section IV – Appendix ........................................................................................................................................ 129

Inspection Information ................................................................................................................................129

1.1.

Driving Directions: .............................................................................................................................129

1.2.

Global Positioning System (GPS): .....................................................................................................130

1.3.

Safety Considerations: ......................................................................................................................130

ii

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

mscf/hr

NESHAP

NMHC

NOx

NSPS

NSR

pH

PM

PM10

ppbvd

ppm

ppmvd

PSD

PTE

psi

psia

RAC

RICE

RMP

scf

scfm

SI

SO2

SUIT

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

Thousand standard cubic feet per hour

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

iii

tpy

Tribe

US EPA

VOC

Ton(s) Per Year

Southern Ute Indian Tribe

United States Environmental Protection Agency

Volatile Organic Compounds

iv

Table of Figures

Table 1 - Emission Units................................................................................................................. 3

Table 2 - Insignificant Emission Units ........................................................................................... 5

v

Section I – Source Information and Emission Unit Identification

Source Information

Owner Name:

Red Cedar Gathering Company

Facility Name:

Arkansas Loop and Simpson Treating Plants

Facility Location:

Section 1, T32N, R9W

Latitude:

37.053195 °N

Longitude

State:

-107.785518 °W

Colorado

County:

La Plata

Responsible Official:

President and Chief Operating Officer

SIC Code:

4922

ICIS Identification Number:

110000507050

EPA Facility Registry ID:

08-067-U0027

Other Clean Air Act Permits

Synthetic Minor Permit: # SMNSR-SU-000010-2020.002A

Minor NSR Permit: # MNSR-SU-000010-2014.003

Synthetic Minor Permit: # SMNSR-SU-000010-2020.005B

Process Description:

The Arkansas Loop and Simpson Treating Plants, owned and operated by Red Cedar

Gathering Company, are located in southwestern Colorado within the exterior boundaries of

the Southern Ute Indian Reservation. These treating plants are considered a production field

facility prior to the point of custody transfer. Upstream of the facilities there are production

(coal-bed methane) wells and compressor stations connected to a gathering pipeline system

to the inlet of the facilities. The Arkansas Loop and Simpson Treating Plants provide natural

gas field compression, CO2 removal, and dehydration to remove entrained water vapor from

the gas stream. The facilities are comprised of 6 reciprocating internal combustion engines

(RICE) for gas compression, 5 RICE for electric generation, 3 amine plants for CO2 removal,

6 TEG dehydration units for gas dehydration, and 3 heaters associated with the amine plants.

The facilities have several other heaters, tanks, and miscellaneous equipment that qualify as

insignificant emission units.

The process at Arkansas Loop begins with compressing gas wet natural gas to high pressure

(approximately 900 - 1000 psig) from the field pipeline and compressor stations. This gas is

then mixed with other gas (already at high pressure) and treated through the amine trains

1

(Amine 1 & 2). The gas is then sent through 4 glycol dehydrators to remove entrained water

vapor from the gas stream. The treated gas is then mixed with untreated gas so that the gas

leaving the plant is less than 2% CO2.

The process at Simpson does not include compression of the natural gas. The gas comes into

the plant at high pressure and is treated to remove CO2 and then water, similar to Arkansas

Loop. Like Arkansas Loop the treated gas is then mixed with untreated gas to achieve a CO2

percentage of less than 2%.

The facilities do not extract natural gas liquids from field gas nor fractionate mixed NGL's

to natural gas products. The facilities have storage vessels, but none with the potential for

flash emissions. The facilities have various heaters, tanks and pigging units that qualify as

insignificant emission units. Insignificant emissions for the pigging units occur only during

launch and retrieval operations.

The facilities are scheduled to operate 24 hours per day, 7 days per week, 365 days per year.

Fuel used for all combustion units is pipeline quality natural gas from the facility process

after compression, CO2 removal and dehydration.

Arkansas Loop uses approximately 1,500 MMscf of fuel per year (4.0 MMscf/day, with a

maximum fuel use of approximately 0.2 MMscf/hr). Total natural gas processed through the

facility (including gas that bypasses the amine trains) is approximately 210 - 230 MMscf/day.

Simpson uses approximately 600 MMscf of fuel per year (1,680 scf/day, with a maximum

fuel use of approximately 0.1 MMscf/hr). Total natural gas processed through the facility is

approximately 100 - 110 MMscf/day.

Two of the generator engines at Simpson are 4SLB SI RICE and are subject to 40 CFR 63

Subpart ZZZZ and/or 40 CFR 60 Subpart JJJJ regulations (see applicability determination

for specific details). Red Cedar has selected oxidation catalyst as the means to satisfy the

regulatory requirements for Carbon Monoxide (CO) reduction.

All TEG dehydrators are controlled using a combination of condensers and vapors being

routed to the reboiler burner with the main fuel gas.

2

Source Emission Points

Table 1 - Emission Units

Emission

Unit ID

Control

Equipment

Description

Waukesha L5790GL (4SLB SI) Natural Gas-Fired Generator Engine

1,272 Nameplate Rated HP

E-001

Serial No.

C-12105/3

Install Date:

12/5/2016

E-002

Serial No.

C-12002/1

Install Date:

9/6/2017

E-003

Serial No.

C-11051/1

Install Date:

9/8/2021

AFRC

Ajax / Superior 16SGTB (4SLB SI) Natural Gas-Fired Compressor Engine

2,650 Nameplate Rated HP

E-301

Serial No.

314849-S

Install Date:

5/24/2016

E-401

Serial No.

323799

Install Date:

3/25/2013

E-501

Serial No.

311459-S

Install Date:

5/16/2018

E-601

Serial No.

314839-C

Install Date:

9/20/2022

AFRC

Caterpillar G3606 (4SLB SI) Natural Gas-Fired Compressor Engine

1,775 Nameplate Rated HP

E-701

Serial No.

3XF00162

Install Date:

10/1/2014

E-801

Serial No.

3XF00252

Install Date:

10/1/2014

AFRC

Caterpillar G3516B LE (4SLB SI) Natural Gas-Fired Generator Engine

1,622 Nameplate Rated HP

X-1003

Serial No.

ZBC00211

Install Date:

12/1/2010

X-1004

Serial No.

ZBC00212

Install Date:

12/1/2010

Miratech

Oxidation

Catalyst with

AFRC

Optimized Process Furnaces, INC. Natural Gas-Fired Heat Medium Heater (Process Heater)

31.3 MMBtu/hr Maximum Design Heat Input Capacity

H-450

Serial No.

J-89-455

Install Date:

1/1/1989

Optimized Process Furnaces, INC. Natural Gas-Fired Heat Medium Heater

(Process Heater)

3

None

36.7 MMBtu/hr Maximum Design Heat Input Capacity

None

H-701

Serial No.

J-90-476

Install Date:

1/1/1990

Optimized Process Furnaces, INC. Natural Gas-Fired Heat Medium Heater (Process Heater)

80 MMBtu/hr Maximum Design Heat Input Capacity

H-781

Serial No.

2009-022-Alt1

Install Date:

12/1/2010

None

J.W. Williams Triethylene Glycol (TEG) Dehydrator

37 MMscf/day

R-002

Serial No.

N/A

Install Date:

1/1/1989

R-003

Serial No.

N/A

Install Date:

1/1/1992

R-004

Serial No.

N/A

Install Date:

1/1/1989

RB-050

Serial No.

N/A

Install Date:

1/1/1993

Condenser with

vapor routed to

reboiler

Q.B. Johnson Triethylene Glycol (TEG) Dehydrator

70 MMscf/day

X-1001

Serial No.

N/A

Install Date:

3/22/2011

X-1002

Serial No.

N/A

Install Date:

3/22/2011

Condenser with

vapor routed to

reboiler

1/1/1989

None

1/1/1990

None

12/1/2010

None

N/A

None

Propak Systems, Amine Plant

65 MMscf/day

Amine 1

Serial No.

N/A

Install Date:

Propak Systems, Amine Plant

75 MMscf/day

Amine 2

Serial No.

N/A

Install Date:

Thomas Russell Co., Amine Plant

140 MMscf/day

Amine 3

Serial No.

N/A

Install Date:

Fugitive Emissions

FUG

Serial No.

N/A

Install Date:

4

Table 2 - Insignificant Emission Units

Emission Unit

ID

Amount

Description

Size

Units

R-002 – 050

H-001 – 020

CATH16

H-850

TK-510, 511

TK-180

TK-901 – 903

TK-980

TK-981, 982

TK-506

TK-506A

TK-508

TK-508A

T-804

GT-1

V-409

BGS-2

V-487, 488

TK-801

TK-881

TK-882

TK-884

TK-886

TK-887, 888

TK-889

TK-890

TK-893

TK-894

TK-895

4

5

1

1

2

1

3

1

2

1

1

1

1

1

1

1

1

2

1

1

1

1

1

2

1

1

1

1

1

TEG Reboiler

Catalytic Heater

Catalytic Heater (Oil Separator Building)

Evaporation Pond Heater

Glycol Storage Tank

Glycol Recovery Tank

Waste Oil Sump Tank

Generator Oil Makeup Tank

Generator Coolant Tank

Compressor Oil Makeup Tank (South)

Compressor Oil Makeup Tank (North)

Coolant Storage Tank

Compressor Coolant Drain Tank

Waste Oil Tank

Gasoline Tank

Amine Storage Tank

Below Grade Sump Tank

TEG Reboiler

Inlet Coalescing Filter Dump Tank

Heat Medium Makeup Storage Tank

Heat Medium PSV Blowdown Tank

TEG Makeup Storage Tank

Dehy Still Vent Tank

Coolant Tank

Used Engine Oil Tank

Engine Oil Tank

TEG Recovery Tank

Process and Oily Water Drain Tank

Oily Water Sump Tank

0.6

0.012

0.012

2.6

750

4,200

300

1,001

500

1,600

1,650

1,000

300

8,820

1,000

3,000

7,481

1.2

8,820

125

8,820

2,100

1,316

542

542

542

2,100

3,780

3,780

MMBtu/hr

MMBtu/hr

MMBtu/hr

MMBtu/hr

gal

gal

gal

gal

gal

gal

gal

gal

gal

gal

gal

gal

gal

MMBtu/hr

gal

gal

gal

gal

gal

gal

gal

gal

gal

gal

gal

5

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. Basis for calculating annual fee:

1.1.5.1.

Subtotal annual fees shall be calculated by multiplying the applicable

emission fee set pursuant to RAC § 2-119(1) 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)]

6

1.1.5.1.1.

“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)]

1.1.5.1.2.

Actual emissions shall be computed using compliance methods

required by the permit.

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

1.1.5.1.3.

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)]

1.1.5.2.

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.]

1.1.5.3.

The permittee shall exclude the following emissions from the calculation of

fees:

1.1.5.3.1.

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

source emits in excess of 4,000 tons per year.

1.1.5.3.2.

Any emissions that come from insignificant activities not required

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

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

7

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

completeness by a responsible official.

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

1.1.7. 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)]

1.1.8. 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)]

1.1.9. 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

8

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

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

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

1.2.1.4.

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

any person from civil or criminal liability for failure to comply with the

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

thereunder, and any other applicable law or regulation.

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

1.2.1.5.

For the purpose of submitting compliance certifications in accordance with

the Compliance Certifications condition below of this permit, or

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

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

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

a source would have been in compliance with applicable requirements if the

appropriate performance or compliance test or procedure had been

performed.

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

1.2.2. Compliance Certifications

1.2.2.1.

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

certification of compliance which shall certify the source’s compliance

status with all permit terms and conditions and all applicable requirements

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

standards, or work practices. The compliance certification shall be certified

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

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

annually by April 1st and shall cover the preceding calendar year in which

the certification of compliance is due, except that the first annual

certification of compliance will cover the period from the issuance date of

this permit through December 31st of the same year.

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

1.2.3. Compliance Schedule

1.2.3.1.

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

source will continue to comply with such requirements.

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

9

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 2-124]

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

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

for reopening and revising, revoking, and reissuing, or terminating the permit, or to

determine compliance with the permit. Upon request, the permittee shall also

furnish to the Tribe copies of records that are required to be kept by the permit,

including information claimed to be confidential. Information claimed to be

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

provisions of RAC 2-124.

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

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

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

submittal, shall promptly submit such supplementary facts or corrected

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

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

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

[RAC 2-106(5)]

1.4. Submissions [RAC 2-105]

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

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

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

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

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

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

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

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

10

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

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

certifications, fee calculation worksheets, and applications for renewals and permit

modifications shall be submitted:

by email at: airquality@southernute-nsn.gov

or by United States Postal Service:

Part 70 Program

Environmental Programs Department

Air Quality Division

P.O. Box 737 MS #84

Ignacio, Colorado 81137

or by Common Carrier:

Part 70 Program

Environmental Programs Department

Air Quality Division

398 Ouray Drive

Ignacio, CO 81137

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

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

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

shall remain valid and in force.

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

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

terminated for cause.

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

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

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

shall not stay any permit condition.

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

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

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

defined in RAC § 1-103.

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

1.7.2. The permittee may implement an administrative permit revision immediately upon

submittal of the request for the administrative revision.

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

11

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

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

request for an administrative permit revision.]

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

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

RAC § 1-103.

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

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

1.8.2.1.

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

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

1.8.2.2.

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

draft permit changes;

1.8.2.3.

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

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

procedures and a request that such procedures be used; and

1.8.2.4.

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

affected programs as required under RAC § 2-108

1.8.2.5.

If the requested permit revision would affect existing compliance plans or

schedules, related progress reports, or certification of compliance

requirements, and an outline of such effects.

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

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

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

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

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

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

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

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

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

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

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

12

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 2-112]

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);

13

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:

1.11.

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

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)]

14

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:

1.15.1.1.

Each such change meets all applicable requirements and shall not violate

any existing permit term or condition;

15

1.15.1.2.

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

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

1.15.1.3.

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

1.15.1.4.

The permittee provides contemporaneous written notice to the Tribe and the

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

insignificant activities. Such notice shall state when the change occurred

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

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

change.

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

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

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

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

in emissions of any regulated air pollutant subject to an applicable requirement, but

not otherwise regulated under the permit, and the emissions resulting from those

changes.

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

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

upon request.

[RAC 2-110(6)]

1.16.

Permit Expiration and Renewal

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

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

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

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

and complete permit renewal application has been submitted at least 6 months but

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

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

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

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

16

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

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

been issued or disapproved.

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

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

to issue the permittee a renewal permit or deny the permittee a permit or (2) the

permittee fails to submit by the deadline specified in writing by the Tribe any

additional information identified as being needed to process the application.

[RAC 2-104(3)]

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

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

permit issuance.

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

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

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

applicable requirements that were promulgated and not incorporated into the permit

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

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

Facility-Wide Requirements

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

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

section of this permit.

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

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

The permittee shall comply with the following generally applicable recordkeeping

requirements:

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

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

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

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

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

changes its operations to become an affected source, whichever comes first. Each

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

the applicability determination shall include an analysis (or other information) that

17

demonstrates why the permittee believes the source is unaffected (e.g., because the

source is an area source).

[40 CFR 63.10(b)(3)]

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

Changes section of this permit.

2.2. General Reporting Requirements

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

this permit semiannually, by April 1 and October 1 of each year. The report due on

April 1 shall cover the July 1 – December 31 reporting period of the previous

calendar year. The report due on October 1 shall cover the January 1 – June 30

reporting period of the current calendar year. All instances of deviations from

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

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

of this permit.

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

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

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

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

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

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

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

deviation are any of the following:

2.2.2.1.

A situation where emissions exceed an emission limitation or standard;

2.2.2.2.

A situation where process or emissions control device parameter values

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

2.2.2.3.

A situation in which observations or data collected demonstrate

noncompliance with an emission limitation or standard or any work practice

or operating condition required by the permit.

2.2.2.4.

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

Part 64 occurs.

[RAC 1-103(21)]

18

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)]

19

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

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

this permit provided all of the following conditions are met:

2.3.1.1.

The engine or turbine replacement is not subject to any requirements under

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

Clean Air Act;

2.3.1.2.

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

rating, and configured to operate in the same manner as the engine or turbine

being replaced.

2.3.1.3.

The replacement engine or turbine meets all applicable requirements

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

replaced.

2.3.1.4.

All applicable requirements that apply to the replacement engine or turbine

are already included in the permit. Replacement of an existing engine or

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

engine must utilize a Minor Permit Revision as specified in RAC 2-111(3)

or a Significant Permit Revision as specified in RAC 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;

20

2.3.1.4.6.

National Emission Standard for Hazardous Air Pollutants for

Stationary Combustion Turbines at 40 CFR Part 63, Subpart YYYY;

2.3.1.4.7.

Requirements established in a permit or permits issued pursuant to

the Federal Minor New Source Review Program in Indian Country

at 40 CFR Part 49;

2.3.1.4.8.

Requirements established in a permit or permits issued pursuant to

the Prevention of Significant Deterioration of Air Quality Program

at 40 CFR Part 52; or

2.3.1.4.9.

Requirements established in any promulgated Federal

Implementation Plan that may apply to engines located on the

Southern Ute Indian Reservation.

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

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

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

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

replacement.

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

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

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

thermal oxidizer shall be an allowed alternative operating scenario under this permit

provided that the following conditions are met:

2.3.4.1.

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

the primary thermal oxidizer shall also apply to the backup thermal oxidizer

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

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

calendar year.

2.3.4.2.

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

primary thermal oxidizer is operating except periods of transition between

the primary and backup thermal oxidizers. Transition events shall be

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

as excess emission events.

21

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

Nothing in this permit shall alter or affect the following:

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

emergency powers, including the respective authorities of the Administrator under

those sections;

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

at the time of permit issuance;

2.4.3. The applicable requirements of the acid rain program consistent with section 408(a)

of the Act; or

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

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

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

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

pursuant to 40 CFR Part 82, Subpart F:

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

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

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

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

40 CFR §82.158.

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

certified by an approved technician certification program pursuant to 40 CFR

§82.161.

22

Section III – Site Specific Permit Terms

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

1.1. 40 CFR Part 60, Subpart Dc – Standards of Performance for Small IndustrialCommercial-Institutional Steam Generating Units [40 CFR§ 60.40c – 60.48c and

RAC §3-102]

This facility is subject to the requirements of 40 CFR Part 60, Subpart Dc for steam

generating units with a maximum design heat input capacity of 29 megawatts (MW) (100

million British thermal units per hour (MMBtu/h)) or less but greater than or equal to 2.9

MW (10 MMBtu/h) and constructed after June 9, 1989. Notwithstanding conditions in

this permit, the permittee shall comply with all applicable requirements of 40 CFR Part

60, Subparts A and Dc.

1.1.1.

Affected Sources

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

60, Subpart Dc:

H-701 – Optimized Process Furnaces, INC. Natural Gas-Fired Heat Medium Heater

(Process Heater), 36.7 MMBtu/hr Maximum Design Heat Input Capacity

H-781 – Optimized Process Furnaces, INC. Natural Gas-Fired Heat Medium Heater

(Process Heater), 80 MMBtu/hr Maximum Design Heat Input Capacity

[40 CFR 60.40c]

1.1.2. Reporting and Recordkeeping Requirements

1.1.2.1.

The owner or operator of each affected facility shall submit notification of

the date of construction or reconstruction and actual startup, as provided by

§60.7 of this part. This notification shall include:

1.1.2.1.1.

The design heat input capacity of the affected facility and

identification of fuels to be combusted in the affected facility.

1.1.2.1.2.

If applicable, a copy of any federally enforceable requirement that

limits the annual capacity factor for any fuel or mixture of fuels

under §60.42c, or §60.43c.

23

1.1.2.1.3.

The annual capacity factor at which the owner or operator

anticipates operating the affected facility based on all fuels fired and

based on each individual fuel fired.

1.1.2.1.4.

Notification if an emerging technology will be used for controlling

SO2 emissions. The Administrator will examine the description of

the control device and will determine whether the technology

qualifies as an emerging technology. In making this determination,

the Administrator may require the owner or operator of the affected

facility to submit additional information concerning the control

device. The affected facility is subject to the provisions of

§60.42c(a) or (b)(1), unless and until this determination is made by

the Administrator.

1.1.2.2.

The owner or operator of each affected facility shall record and maintain

records of the amount of each fuel combusted during each operating day.

1.1.2.3.

All records required under this section shall be maintained by the owner or

operator of the affected facility for a period of two years following the date

of such record.

1.1.2.4.

The reporting period for the reports required under this subpart is each sixmonth period. All reports shall be submitted to the Administrator and shall

be postmarked by the 30th day following the end of the reporting period.

[40 CFR 60.48c]

1.2. 40 CFR Part 60, Subpart JJJJ – Standards of Performance for Stationary Spark

Ignition Internal Combustion Engines [40 CFR §60.4230 – 60.4248 and RAC §3-102]

This facility is subject to the requirements of 40 CFR Part 60, Subpart JJJJ for lean burn

stationary spark ignition (SI) internal combustion engines (ICE) with a maximum engine

power greater than or equal to 500 brake horsepower (HP) manufactured after July 1,

2007. Notwithstanding conditions in this permit, the permittee shall comply with all

applicable requirements of 40 CFR Part 60, Subparts A and JJJJ.

1.2.1.

Affected Sources

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

60, Subpart JJJJ:

24

X-1003 – Caterpillar G3516B LE (4SLB SI) Natural Gas-Fired Generator

Engine, 1,622 Nameplate Rated HP

X-1004 – Caterpillar G3516B LE (4SLB SI) Natural Gas-Fired Generator

Engine, 1,622 Nameplate Rated HP

[40 CFR 60.4230]

1.2.2.

Emission Standards for Owners and Operators

1.2.2.1.

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

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 for Stationary Non-Emergency SI

Engines ≥100 HP

Emission standardsa

Engine type

and fuel

g/HP-hr

ppmvd at 15% O2

Maximum Manufacture

d

engine power

date

NOX CO VOC NOX CO VOCd

Non-Emergency SI Lean Burn Natural Gasb

HP≥500

7/1/2010

1.0 2.0 0.7

82 270

60

Owners 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.

b

Owners and operators of new or reconstructed non-emergency lean burn SI stationary engines with a site rating of

greater than or equal to 250 brake HP located at a major source that are meeting the requirements of 40 CFR part 63,

subpart ZZZZ, Table 2a do not have to comply with the CO emission standards of Table 1 of this subpart.

d

For purposes of this subpart, when calculating emissions of volatile organic compounds, emissions of formaldehyde

should not be included.

a

1.2.2.2.

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]

1.2.3. Compliance Requirements for Owners and Operators

1.2.3.1.

If you are an owner or operator of a stationary SI internal combustion engine

and must comply with the emission standards specified in §60.4233(e), you

must demonstrate compliance according to the subparagraphs below.

25

1.2.3.1.1.

1.2.3.1.1.1.

1.2.3.2.

Purchasing a non-certified engine and demonstrating compliance

with the emission standards specified in §60.4233(e) and according

to the requirements specified in §60.4244 as applicable, and

according to the subparagraph below.

You must keep a maintenance plan and records of conducted

maintenance and must, to the extent practicable, maintain

and operate the engine in a manner consistent with good air

pollution control practice for minimizing emissions. In

addition, you must conduct an initial performance test and

conduct subsequent performance testing every 8,760 hours

or 3 years, whichever comes first, thereafter to demonstrate

compliance.

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]

1.2.4. Testing Requirements for Owners and Operators

1.2.4.1.

Owners and operators of stationary SI ICE who conduct performance tests

must follow the procedures in the paragraphs of the section below.

1.2.4.1.1.

Each performance test must be conducted within 10 percent of 100

percent peak (or the highest achievable) load and according to the

requirements in §60.8 and under the specific conditions that are

specified by Table 2 to this subpart.

26

Table 2 to Subpart JJJJ of Part 60—Requirements for Performance Tests

As stated in §60.4244, you must comply with the following requirements for performance tests within 10 percent of

100 percent peak (or the highest achievable) load

For each

1. Stationary SI

internal

combustion

engine

demonstrating

compliance

according to

§60.4244

Complying

with the

requirement to You must

Using

According to the following

requirements

a. limit the

i. Select the sampling (1) Method 1 or 1A of (a) Alternatively, for NOX, O2, and

concentration of port location and the 40 CFR part 60,

moisture measurement, ducts ≤6

NOX in the

number/location of

appendix A-1, if

inches in diameter may be

stationary SI

traverse points at the measuring flow rate

sampled at a single point located

internal

exhaust of the

at the duct centroid and ducts >6

combustion

stationary internal

and ≤12 inches in diameter may

engine exhaust combustion engine;

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.

ii. Determine the O2

concentration of the

stationary internal

combustion engine

exhaust at the

sampling port

location;

(2) Method 3, 3A, or (b) Measurements to determine

3Bb of 40 CFR part 60, O2 concentration must be made at

appendix A-2 or

the same time as the

ASTM Method

measurements for

D6522-00

NOX concentration.

(Reapproved 2005)ad

iii. If necessary,

(3) Method 2 or 2C of

determine the exhaust 40 CFR part 60,

flowrate of the

appendix A-1 or

stationary internal

Method 19 of 40 CFR

combustion engine

part 60, appendix A-7

exhaust;

iv. If necessary,

measure moisture

content of the

stationary internal

combustion engine

exhaust at the

(4) Method 4 of 40

(c) Measurements to determine

CFR part 60, appendix moisture must be made at the

A-3, Method 320 of 40 same time as the measurement for

CFR part 63, appendix NOX concentration.

Ae, or ASTM Method

D6348-03de

27

sampling port

location; and

v. Measure NOX at the (5) Method 7E of 40 (d) Results of this test consist of

exhaust of the

CFR part 60, appendix the average of the three 1-hour or

stationary internal

A-4, ASTM Method longer runs.

combustion engine; if D6522-00

using a control

(Reapproved 2005)ad,

device, the sampling Method 320 of 40 CFR

site must be located at part 63, appendix Ae,

the outlet of the

or ASTM Method

control device

D6348-03de

b. limit the

i. Select the sampling (1) Method 1 or 1A of (a) Alternatively, for CO, O2, and

concentration of port location and the 40 CFR part 60,

moisture measurement, ducts ≤6

CO in the

number/location of

appendix A-1, if

inches in diameter may be

stationary SI

traverse points at the measuring flow rate

sampled at a single point located

internal

exhaust of the

at the duct centroid and ducts >6

combustion

stationary internal

and ≤12 inches in diameter may

engine exhaust combustion engine;

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.

ii. Determine the O2

concentration of the

stationary internal

combustion engine

exhaust at the

sampling port

location;

(2) Method 3, 3A, or (b) Measurements to determine

3Bb of 40 CFR part 60, O2 concentration must be made at

appendix A-2 or

the same time as the

ASTM Method

measurements for CO

D6522-00

concentration.

(Reapproved 2005)ad

iii. If necessary,

(3) Method 2 or 2C of

determine the exhaust 40 CFR 60, appendix

flowrate of the

A-1 or Method 19 of

stationary internal

40 CFR part 60,

combustion engine

appendix A-7

exhaust;

28

iv. If necessary,

measure moisture

content of the

stationary internal

combustion engine

exhaust at the

sampling port

location; and

(4) Method 4 of 40

(c) Measurements to determine

CFR part 60, appendix moisture must be made at the

A-3, Method 320 of 40 same time as the measurement for

CFR part 63, appendix CO concentration.

Ae, or ASTM Method

D6348-03de

v. Measure CO at the (5) Method 10 of 40 (d) Results of this test consist of

exhaust of the

CFR part 60, appendix the average of the three 1-hour or

stationary internal

A4, ASTM Method

longer runs.

combustion engine; if D6522-00

using a control

(Reapproved 2005)ade,

device, the sampling Method 320 of 40 CFR

site must be located at part 63, appendix Ae,

the outlet of the

or ASTM Method

control device

D6348-03de

c. limit the

i. Select the sampling (1) Method 1 or 1A of (a) Alternatively, for VOC, O2,

concentration of port location and the 40 CFR part 60,

and moisture measurement, ducts

VOC in the

number/location of

appendix A-1, if

≤6 inches in diameter may be

stationary SI

traverse points at the measuring flow rate

sampled at a single point located

internal

exhaust of the

at the duct centroid and ducts >6

combustion

stationary internal

and ≤12 inches in diameter may

engine exhaust combustion engine;

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.

ii. Determine the

(2) Method 3, 3A, or (b) Measurements to determine

O2concentration of

3Bb of 40 CFR part 60, O2 concentration must be made at

the stationary internal appendix A-2 or

the same time as the

combustion engine

ASTM Method

measurements for VOC

exhaust at the

D6522-00

concentration.

sampling port

(Reapproved 2005)ad

location;

iii. If necessary,

(3) Method 2 or 2C of

determine the exhaust 40 CFR 60, appendix

29

flowrate of the

stationary internal

combustion engine

exhaust;

A-1 or Method 19 of

40 CFR part 60,

appendix A-7

iv. If necessary,

measure moisture

content of the

stationary internal

combustion engine

exhaust at the

sampling port

location; and

(4) Method 4 of 40

(c) Measurements to determine

CFR part 60, appendix moisture must be made at the

A-3, Method 320 of 40 same time as the measurement for

CFR part 63, appendix VOC concentration.

Ae, or ASTM Method

D6348-03de

v. Measure VOC at (5) Methods 25A and (d) Results of this test consist of

the exhaust of the

18 of 40 CFR part 60, the average of the three 1-hour or

stationary internal

appendices A-6 and A- longer runs.

combustion engine; if 7, Method 25A with

using a control

the use of a

device, the sampling hydrocarbon cutter as

site must be located at described in 40 CFR

the outlet of the

1065.265, Method 18

control device

of 40 CFR part 60,

appendix A-6ce,

Method 320 of 40 CFR

part 63, appendix Ae,

or ASTM Method

D6348-03de

a

Also, you may petition the Administrator for approval to use alternative methods for portable analyzer.

b

You may use ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses, for measuring the O 2 content of the exhaust

gas as an alternative to EPA Method 3B. AMSE PTC 19.10-1981 incorporated by reference, see 40 CFR 60.17

c

You may use EPA Method 18 of 40 CFR part 60, appendix A-6, provided that you conduct an adequate pre-survey

test prior to the emissions test, such as the one described in OTM 11 on EPA’s Web site

(http://www.epa.gov/ttn/emc/prelim/otm11.pdf).

d

Incorporated by reference; see 40 CFR 60.17.

e

You must meet the requirements in §60.4245(d)

1.2.4.1.2.

You may not conduct performance tests during periods of startup,

shutdown, or malfunction, as specified in §60.8(c). If your

stationary SI internal combustion engine is non-operational, you do

not need to startup the engine solely to conduct a performance test;

however, you must conduct the performance test immediately upon

startup of the engine.

1.2.4.1.3.

You must conduct three separate test runs for each performance test

required in this section, as specified in §60.8(f). Each test run must

30

be conducted within 10 percent of 100 percent peak (or the highest

achievable) load and last at least 1 hour.

1.2.4.1.4.

To determine compliance with the NOX mass per unit output

emission limitation, convert the concentration of NOX in the engine

exhaust using Equation 1 of this section:

𝐸𝑅 =

𝐶 × 1.912 × 10 × 𝑄 × 𝑇

𝐻𝑃 − ℎ𝑟

(𝐸𝑞. 1)

Where:

ER = Emission rate of NOX in g/HP-hr.

Cd = Measured NOX concentration in parts per million by volume

(ppmv).

1.912 × 10−3 = Conversion constant for ppm NOX to grams per

standard cubic meter at 20 degrees Celsius.

Q = Stack gas volumetric flow rate, in standard cubic meter per hour,

dry basis.

T = Time of test run, in hours.

HP-hr = Brake work of the engine, horsepower-hour (HP-hr).

1.2.4.1.5.

To determine compliance with the CO mass per unit output emission

limitation, convert the concentration of CO in the engine exhaust

using Equation 2 of this section:

𝐸𝑅 =

𝐶 × 1.164 × 10 × 𝑄 × 𝑇

𝐻𝑃 − ℎ𝑟

(𝐸𝑞. 2)

Where:

ER = Emission rate of CO in g/HP-hr.

Cd = Measured CO concentration in ppmv.

31

1.164 × 10−3 = Conversion constant for ppm CO to grams per

standard cubic meter at 20 degrees Celsius.

Q = Stack gas volumetric flow rate, in standard cubic meters per

hour, dry basis.

T = Time of test run, in hours.

HP-hr = Brake work of the engine, in HP-hr.

1.2.4.1.6.

For purposes of this subpart, when calculating emissions of VOC,

emissions of formaldehyde should not be included. To determine

compliance with the VOC mass per unit output emission limitation,

convert the concentration of VOC in the engine exhaust using

Equation 3 of this section:

𝐸𝑅 =

𝐶 × 1.833 × 10 × 𝑄 × 𝑇

𝐻𝑃 − ℎ𝑟

(𝐸𝑞. 3)

Where:

ER = Emission rate of VOC in g/HP-hr.

Cd = VOC concentration measured as propane in ppmv.

1.833 × 10−3 = Conversion constant for ppm VOC measured as

propane, to grams per standard cubic meter at 20

degrees Celsius.

Q = Stack gas volumetric flow rate, in standard cubic meters per

hour, dry basis.

T = Time of test run, in hours.

HP-hr = Brake work of the engine, in HP-hr.

1.2.4.1.7.

If the owner/operator chooses to measure VOC emissions using

either Method 18 of 40 CFR part 60, appendix A, or Method 320 of

40 CFR part 63, appendix A, then it has the option of correcting the

measured VOC emissions to account for the potential differences in

32

measured values between these methods and Method 25A. The

results from Method 18 and Method 320 can be corrected for

response factor differences using Equations 4 and 5 of this section.

The corrected VOC concentration can then be placed on a propane

basis using Equation 6 of this section.

𝑅𝐹 =

𝐶

𝐶

(𝐸𝑞. 4)

Where:

RFi = Response factor of compound I when measured with EPA

Method 25A.

CMi = Measured concentration of compound I in ppmv as carbon.

CAi = True concentration of compound I in ppmv as carbon.

𝐶

= 𝑅𝐹 × 𝐶

(𝐸𝑞. 5)

Where:

Cicorr = Concentration of compound I corrected to the value that

would have been measured by EPA Method 25A, ppmv as

carbon.

Cimeas = Concentration of compound I measured by EPA Method

320, ppmv as carbon

𝐶

= 0.6098 × 𝐶

(𝐸𝑞. 6)

Where:

CPeq = Concentration of compound I in mg of propane equivalent

per DSCM.

[40 CFR 60.4244]

33

1.2.5. Notification, Reports, and Records for Owners and Operators

1.2.5.1.

Owners and operators of all stationary SI ICE must keep records of the

information in the subparagraphs below.

1.2.5.1.1.

All notifications submitted to comply with this subpart and all

documentation supporting any notification.

1.2.5.1.2.

Maintenance conducted on the engine.

1.2.5.1.3.

If the stationary SI internal combustion engine is not a certified

engine or is a certified engine operating in a non-certified manner

and subject to §60.4243(a)(2), documentation that the engine meets

the emission standards.

1.2.5.2.

Owners and operators of stationary SI ICE greater than or equal to 500 HP

that have not been certified by an engine manufacturer to meet the emission

standards in §60.4231 must submit an initial notification as required in

§60.7(a)(1). The notification must include the information in the

subparagraphs below.

1.2.5.2.1.

Name and address of the owner or operator;

1.2.5.2.2.

The address of the affected source;

1.2.5.2.3.

Engine information including make, model, engine family, serial

number, model year, maximum engine power, and engine

displacement;

1.2.5.2.4.

Emission control equipment; and

1.2.5.2.5.

Fuel used.

1.2.5.3.

Owners and operators of stationary SI ICE that are subject to performance

testing must submit a copy of each performance test as conducted in

§60.4244 within 60 days after the test has been completed. Performance test

reports using EPA Method 18, EPA Method 320, or ASTM D6348-03

(incorporated by reference—see 40 CFR 60.17) to measure VOC require

reporting of all QA/QC data. For Method 18, report results from sections

8.4 and 11.1.1.4; for Method 320, report results from sections 8.6.2, 9.0,

34

and 13.0; and for ASTM D6348-03 report results of all QA/QC procedures

in Annexes 1-7.

[40 CFR 60.4245]

1.2.6. General Provisions

1.2.6.1.

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

As stated in §60.4246, you must comply with the following applicable General Provisions

General

provisions

citation

Applies to

subpart

Subject of citation

Explanation

§60.1

General applicability of the Yes

General Provisions

§60.2

Definitions

Yes

§60.3

Units and abbreviations

Yes

§60.4

Address

Yes

§60.5

Determination of construction Yes

or modification

§60.6

Review of plans

§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

Yes

§60.11

Compliance with standards and Yes

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

§60.18

General

control

requirements

§60.19

General

notification

reporting requirements

Additional terms defined in §60.4248.

Yes

Requirements are specified in subpart JJJJ.

Yes

device No

and Yes

[40 CFR 60.4246]

35

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

63

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

Pollutants From Oil and Natural Gas Production Facilities [40 CFR §63.760 – 63.779

and RAC §4-103]

The permittee is the owner or operator of glycol dehydration units that are exempt from

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

to demonstrate that the actual average benzene emissions from each dehydrator are below

0.90 megagram per year.

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

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

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

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

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

analysis results and corresponding temperature and pressure documented during

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

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

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

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

Pollutants for Stationary Reciprocating Internal Combustion Engines [40 CFR

§63.6580 – 63.6660 and RAC §4-103]

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

four-stroke lean burn (4SLB) stationary reciprocating internal combustion engines

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

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

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

and ZZZZ.

[On April 22, 2020, EPA Region 8 approved an alternative testing method for 40 C.F.R.

Part 63, Subpart ZZZZ. The Subpart ZZZZ citations in this section do not necessarily

represent the approved alternative testing method.]

36

2.2.1.

Affected Sources

2.2.1.1.

40 CFR Part 63, Subpart ZZZZ applies to the following emission units:

X-1003 – Caterpillar G3516B LE Natural Gas-Fired Compressor Engine,

1,622 Nameplate Rated HP

X-1004 – Caterpillar G 3516B LE Natural Gas-Fired Compressor Engine,

1,622 Nameplate Rated HP

[40 CFR 63.6590]

2.2.2.

Emission and Operating Limitations

2.2.2.1.

You must comply with the requirements in Table 2a and 2b to this subpart

which apply.

Table 2a to Subpart ZZZZ of Part 63—Emission Limitations for New 4SLB Stationary RICE ≥250 HP

Located at a Major Source of HAP Emissions

As stated in §§63.6600 and 63.6640, you must comply with the following emission limitations for new and

reconstructed lean burn and new and reconstructed compression ignition stationary RICE at 100 percent load plus

or minus 10 percent:

You must meet the following emission

limitation, except during periods of startup

For each . . . . . .

During periods of startup you must . . .

4SLB

stationary

RICE

a. Reduce CO emissions by 93 percent or more; Minimize the engine’s time spent at idle and

or

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.1

1

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

37

Table 2b to Subpart ZZZZ of Part 63—Operating Limitations for New Stationary RICE ≥250 HP Located at

a Major Source of HAP Emissions

As stated in §§63.6600, 63.6630, and 63.6640, you must comply with the following operating limitations for new

4SLB stationary RICE ≥250 HP located at a major source of HAP emissions

You must meet the following operating limitation, except during

periods of startup . . .

For each . . .

New 4SLB stationary RICE ≥250 HP located at a. maintain your catalyst so that the pressure drop across the catalyst

a major source of HAP emissions complying does not change by more than 2 inches of water at 100 percent load

with the requirement to reduce CO emissions plus or minus 10 percent from the pressure drop across the catalyst

and using an oxidation catalyst; and

that was measured during the initial performance test; and

b. maintain the temperature of your stationary RICE exhaust so that

the catalyst inlet temperature is greater than or equal to 450 °F and

less than or equal to 1350 °F.1

1

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

range.

[40 CFR 63.6600]

2.2.3.

General Compliance Requirements

2.2.3.1.

You must be in compliance with the emission limitations, operating

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

2.2.3.2.

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

associated air pollution control equipment and monitoring equipment, in a

manner consistent with safety and good air pollution control practices for

minimizing emissions. The general duty to minimize emissions does not

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

levels required by this standard have been achieved. Determination of

whether such operation and maintenance procedures are being used will be

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

limited to, monitoring results, review of operation and maintenance

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

the source.

[40 CFR 63.6605]

2.2.4.

Testing and Initial Compliance Requirements

2.2.4.1.

If you own or operate a stationary RICE with a site rating of more than 500

brake HP located at a major source of HAP emissions you are subject to the

requirements of this section.

38

2.2.4.1.1.

You must conduct the initial performance test or other initial

compliance demonstrations in Table 4 to this subpart that apply to

you within 180 days after the compliance date that is specified for

your stationary RICE in §63.6595 and according to the provisions

in §63.7(a)(2).

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

As stated in §§63.6610, 63.6620, and 63.6640, you must comply with the following requirements for performance tests for

stationary RICE

For each

. . .

1. 4SLB

stationary

RICE

Complying

with the

requirement to

. . .

You must . . .

a. reduce CO

emissions

Using . . .

i. Select the

sampling port

location and the

number/location of

traverse points at the

inlet and outlet of

the control device;

and

According to the

following requirements . . .

(a) For CO and O2 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-1, the duct may

be sampled at `3-point long line'; otherwise,

conduct the stratification testing and select

sampling points according to Section 8.1.2

of Method 7E of 40 CFR part 60, appendix

A-4.

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

the inlet and outlet 40 CFR part 60, appendix made at the same time as the measurements

of the control

A-2, or ASTM Method

for CO concentration.

device; and

D6522-00 (Reapproved

2005)ac (heated probe not

necessary)

iii. Measure the CO (1) ASTM D6522-00

(c) The CO concentration must be at 15

at the inlet and the (Reapproved

percent O2, dry basis.

outlet of the control 2005)abc (heated probe not

device

necessary) or Method 10 of

40 CFR part 60, appendix

A-4

a

You may also use Methods 3A and 10 as options to ASTM-D6522-00 (2005). You may obtain a copy of ASTM-D6522-00

(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.

39

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.

2.2.4.1.2.

2.2.4.2.

An owner or operator is not required to conduct an initial

performance test on units for which a performance test has been

previously conducted, but the test must meet all of the conditions

described in the following five subparagraphs.

2.2.4.1.2.1.

The test must have been conducted using the same methods

specified in this subpart, and these methods must have been

followed correctly.

2.2.4.1.2.2.

The test must not be older than 2 years.

2.2.4.1.2.3.

The test must be reviewed and accepted by the

Administrator.

2.2.4.1.2.4.

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.

2.2.4.1.2.5.

The test must be conducted at any load condition within plus

or minus 10 percent of 100 percent load. 1

[40 CFR 63.6610]

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.

1

On April 22, 2020, EPA Region 8 approved an alternative testing method for 40 C.F.R. Part 63, Subpart ZZZZ. The

Subpart ZZZZ citations in this section do not necessarily represent the approved alternative testing method.

40

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

As stated in §§63.6615 and 63.6620, you must comply with the following subsequent performance test

requirements:

Complying with the

requirement to . . .

For each . . .

You must . . .

1. New 4SLB stationary RICE ≥250 HP

Reduce CO emissions and not Conduct subsequent performance tests

located at major sources;

using a CEMS

semiannually.1

1

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

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

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

resume semiannual performance tests.

2.2.4.2.1.

For semi-annual performance tests, the tests shall be performed each

consecutive calendar half-year. A calendar half-year is defined as

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

1 through December 31. All semi-annual performance tests shall be

performed within 4 to 8 months of the previous test.

2.2.4.2.2.

For annual performance tests, the tests shall be performed each

consecutive calendar year between January and December.

Subsequent tests shall be performed 10 to 14 months after the

previous test.

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

2.2.4.3.

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

that applies to you.

2.2.4.4.

Each performance test must be conducted according to the requirements that

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

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

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

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

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

percent load for the stationary RICE listed in the paragraphs below. 2

2

On April 22, 2020, EPA Region 8 approved an alternative testing method for 40 C.F.R. Part 63, Subpart ZZZZ. The

Subpart ZZZZ citations in this section do not necessarily represent the approved alternative testing method.

41

2.2.4.4.1.

New non-emergency 4SLB stationary RICE with a site rating of

greater than or equal to 250 brake HP located at a major source of

HAP emissions.

2.2.4.5.

You must conduct three separate test runs for each performance test

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

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

2.2.4.6.

You must use Equation 1 of this section to determine compliance with the

percent reduction requirement:

𝐶 −𝐶

× 100 = 𝑅 (𝐸𝑞. 1)

𝐶

Where:

Ci = concentration of carbon monoxide (CO) at the control device inlet,

Co = concentration of CO at the control device outlet, and

R = percent reduction of CO emissions.

2.2.4.7.

You must normalize the CO 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 subparagraphs below.

2.2.4.7.1.

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:

𝐹 =

0.209𝐹

𝐹

(𝐸𝑞. 2)

Where:

42

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)

2.2.4.7.2.

Calculate the CO2 correction factor for correcting measurement data

to 15 percent O2, as follows:

𝑋

=

5.9

(𝐸𝑞. 3)

𝐹

Where:

XCO2 = CO2 correction factor, percent.

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

value, percent.

2.2.4.7.3.

Calculate the CO gas concentrations adjusted to 15 percent O 2 using

CO2 as follows:

𝐶

=𝐶

𝑋

%𝐶𝑂

(𝐸𝑞. 4)

Where:

Cadj = Calculated concentration of CO adjusted to 15 percent O 2.

Cd = Measured concentration of CO uncorrected.

XCO2 = CO2 correction factor, percent.

43

%CO2 = Measured CO2 concentration measured, dry basis, percent.

2.2.4.8.

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]

2.2.4.9.

If you are required to install a continuous parameter monitoring system

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

and maintain each CPMS according to the requirements in the following

subparagraphs.

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

Limitations, and Other Requirements

As stated in. §63.6625 and 63.6630, you must initially comply with the emission and operating limitations as

required by the following:

For each . . .

Complying with the

requirement to . . .

You have demonstrated initial compliance if . . .

1. New non-emergency

a. Reduce CO emissions i. The average reduction of emissions of CO determined

4SLB stationary RICE

and using oxidation

from the initial performance test achieves the required CO

≥250 HP located at a major catalyst, and using a

percent reduction; and

source of HAP

CPMS

ii. You have installed a CPMS to continuously monitor

catalyst inlet temperature according to the requirements in

§63.6625(b); and

iii. You have recorded the catalyst pressure drop and

catalyst inlet temperature during the initial performance test.

2.2.4.9.1.

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

monitoring system design, data collection, and the quality assurance

and quality control elements outlined in the following five

44

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

request approval of monitoring system quality assurance and quality

control procedures alternative to those specified in the following

five subparagraphs in your site-specific monitoring plan.

2.2.4.9.1.1.

The performance criteria and design specifications for the

monitoring system equipment, including the sample

interface, detector signal analyzer, and data acquisition and

calculations;

2.2.4.9.1.2.

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

the monitoring system will provide representative

measurements;

2.2.4.9.1.3.

Equipment performance evaluations, system accuracy

audits, or other audit procedures;

2.2.4.9.1.4.

Ongoing operation and maintenance procedures in

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

2.2.4.9.1.5.

Ongoing reporting and recordkeeping procedures in

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

(e)(2)(i).

2.2.4.9.2.

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

operation according to the procedures in your site-specific

monitoring plan.

2.2.4.9.3.

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

§63.6635).

2.2.4.9.4.

For a CPMS for measuring temperature range, the temperature

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

degrees Fahrenheit) or 1 percent of the measurement range,

whichever is larger.

2.2.4.9.5.

You must conduct the CPMS equipment performance evaluation,

system accuracy audits, or other audit procedures specified in your

site-specific monitoring plan at least annually.

45

2.2.4.9.6.

You must conduct a performance evaluation of each CPMS in

accordance with your site-specific monitoring plan.

2.2.4.10.

If you operate a new 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 2a to this subpart apply.

[40 CFR 63.6625]

2.2.4.11.

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.

2.2.4.12.

During the initial performance test, you must establish each operating

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

2.2.4.13.

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]

2.2.5. Continuous Compliance Requirements

2.2.5.1.

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

monitor and collect data according to this section.

2.2.5.2.

Except for monitor malfunctions, associated repairs, required performance

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

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

monitoring malfunction is any sudden, infrequent, not reasonably

preventable failure of the monitoring to provide valid data. Monitoring

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

are not malfunctions.

2.2.5.3.

You may not use data recorded during monitoring malfunctions, associated

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

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

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

[40 CFR 63.6635]

46

2.2.5.4.

You must demonstrate continuous compliance with each emission

limitation, operating limitation, and other requirements in Tables 2a and 2b

to this subpart that applies 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

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:

Complying with

the requirement

For each . . .

to . . .

You must demonstrate continuous compliance by . . .

1. New nona. Reduce CO

i. Conducting semiannual performance tests for CO to demonstrate that

emergency 4SLB

emissions and

the required CO percent reduction is achieveda; and

stationary RICE ≥250 using an oxidation ii. Collecting the catalyst inlet temperature data according to

HP located at a major catalyst, and using §63.6625(b); and

source of HAP

a CPMS

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

iv. Maintaining the 4-hour rolling averages within the operating

limitations for the catalyst inlet temperature; and

v. Measuring the pressure drop across the catalyst once per month and

demonstrating that the pressure drop across the catalyst is within the

operating limitation established during the performance test.

a

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

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

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

must resume semiannual performance tests.

2.2.5.5.

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

limitation or operating limitation in Tables 2a and 2b 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.

2.2.5.5.1.

2.2.5.6.

You must conduct the performance test within 180 days of the

catalyst change.

For new stationary RICE, deviations from the emission or operating

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

47

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

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

CFR 94.11(a).

2.2.5.7.

2.2.6.

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

requirements in Table 8 to this subpart that apply.

[40 CFR 63.6640 and RAC 2-110(5)]

Notifications, Reports, and Records

2.2.6.1.

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

and (f)(6), 63.9(b) through (e), and (g) and (h) that apply by the dates

specified.

2.2.6.2.

You must submit an Initial Notification not later than 120 days after you

become subject to this subpart.

2.2.6.3.

If you are required to conduct a performance test, 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).

2.2.6.4.

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

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

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

2.2.6.4.1.

2.2.6.5.

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]

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

48

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

As stated in §63.6650, you must comply with the following requirements for reports:

For each . . .

You must

submit a

. . .

The report must contain . . .

You must submit the report

. . .

1. New nonCompliance a. If there are no deviations from any emission

i. Semiannually according to

emergency

report

limitations or operating limitations that apply to you, the requirements in

stationary RICE

a statement that there were no deviations from the §63.6650(b)(1)-(5) for engines

>500 HP located

emission limitations or operating limitations during that are not limited use

at a major source

the reporting period. If there were no periods during stationary RICE subject to

of HAP

which the CMS, including CEMS and CPMS, was numerical emission

out-of-control, as specified in §63.8(c)(7), a

limitations; and

statement that there were not periods during which ii. Annually according to the

the CMS was out-of-control during the reporting

requirements in

period; or

§63.6650(b)(6)-(9) for engines

that are limited use stationary

RICE subject to numerical

emission limitations.

b. If you had a deviation from any emission

i. Semiannually according to

limitation or operating limitation during the

the requirements in

reporting period, the information in §63.6650(d). If §63.6650(b).

there were periods during which the CMS, including

CEMS and CPMS, was out-of-control, as specified

in §63.8(c)(7), the information in §63.6650(e); or

c. If you had a malfunction during the reporting

period, the information in §63.6650(c)(4).

i. Semiannually according to

the requirements in

§63.6650(b).

2.2.6.6.

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.

2.2.6.7.

The Compliance report must contain the information in the following six

subparagraphs.

2.2.6.7.1.

Company name and address.

2.2.6.7.2.

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

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

49

2.2.6.7.3.

Date of report and beginning and ending dates of the reporting

period.

2.2.6.7.4.

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

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

each type of malfunction which occurred during the reporting period

and which caused or may have caused any applicable emission

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

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

affected source to minimize emissions in accordance with

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

2.2.6.7.5.

If there are no deviations from any emission or operating limitations

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

emission or operating limitations during the reporting period.

2.2.6.7.6.

If there were no periods during which the continuous monitoring

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

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

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

period.

2.2.6.8.

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

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

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

paragraphs §63.6650(c)(1) through (4) and the following subparagraphs

below.

2.2.6.8.1.

The date and time that each malfunction started and stopped.

2.2.6.8.2.

The date, time, and duration that each CMS was inoperative, except

for zero (low-level) and high-level checks.

2.2.6.8.3.

The date, time, and duration that each CMS was out-of-control,

including the information in §63.8(c)(8).

2.2.6.8.4.

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

whether each deviation occurred during a period of malfunction or

during another period.

50

2.2.6.8.5.

A summary of the total duration of the deviation during the reporting

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

operating time during that reporting period.

2.2.6.8.6.

A breakdown of the total duration of the deviations during the

reporting period into those that are due to control equipment

problems, process problems, other known causes, and other

unknown causes.

2.2.6.8.7.

A summary of the total duration of CMS downtime during the

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

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

the CMS downtime occurred during that reporting period.

2.2.6.8.8.

An identification of each parameter and pollutant (CO) that was

monitored at the stationary RICE.

2.2.6.8.9.

A brief description of the stationary RICE.

2.2.6.8.10.

A brief description of the CMS.

2.2.6.8.11.

The date of the latest CMS certification or audit.

2.2.6.8.12.

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

the last reporting period.

2.2.6.9.

You must report all deviations as defined in 40 CFR Part 63, Subpart ZZZZ

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

[40 CFR 63.6650]

2.2.6.10.

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

keep the records described in the following five subparagraphs and

§63.6655(b)(1) through (b)(3).

2.2.6.10.1.

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).

51

2.2.6.10.2.

Records of the occurrence and duration of each malfunction of

operation (i.e., process equipment) or the air pollution control and

monitoring equipment.

2.2.6.10.3.

Records of performance tests and performance evaluations as

required in §63.10(b)(2)(viii).

2.2.6.10.4.

Records of all required maintenance performed on the air pollution

control and monitoring equipment.

2.2.6.10.5.

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.

2.2.6.11.

For each CEMS or CPMS, you must keep the records listed in the following

three subparagraphs.

2.2.6.11.1.

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

2.2.6.11.2.

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

plan as required in §63.8(d)(3).

2.2.6.11.3.

Requests for alternatives to the relative accuracy test for CEMS or

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

2.2.6.12.

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

continuous compliance with each emission or operating limitation that

applies.

[40 CFR 63.6655]

2.2.6.13.

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

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

2.2.6.14.

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.

52

2.2.6.15.

2.2.7.

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]

Other Requirements and Information

2.2.7.1.

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

§§63.1 through 63.15 apply to you.

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

As stated in §63.6665, you must comply with the following applicable general provisions.

General

provisions citation

Applies to

subpart

Subject of citation

§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)(6)

[Reserved]

§63.6(b)(7)

Compliance dates for new and

reconstructed area sources that

become major sources

§63.6(c)(1)-(2)

Compliance dates for existing sources Yes.

§63.6(c)(3)-(4)

[Reserved]

§63.6(c)(5)

Compliance dates for existing area

sources that become major sources

§63.6(d)

[Reserved]

§63.6(e)

Operation and maintenance

No.

§63.6(f)(1)

Applicability of standards

No.

§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(h)

Opacity and visible emission

standards

No

Explanation

Additional terms defined in §63.6675.

Yes.

Yes.

53

Subpart ZZZZ does not contain opacity

or visible emission standards.

§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.

§63.7(e)(1)

Conditions for conducting

performance tests

No.

Subpart ZZZZ specifies conditions for

conducting performance tests at

§63.6620.

§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(a)(3)

[Reserved]

§63.8(a)(4)

Monitoring for control devices

No.

§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)(i)

Routine and predictable SSM

No

§63.8(c)(1)(ii)

SSM not in Startup Shutdown

Malfunction Plan

Yes.

§63.8(c)(1)(iii)

Compliance with operation and

maintenance requirements

No

§63.8(c)(2)-(3)

Monitoring system installation

Yes.

54

Subpart ZZZZ contains performance

test dates at §§63.6610, 63.6611, and

63.6612.

Subpart ZZZZ contains specific

requirements for monitoring at

§63.6625.

§63.8(c)(4)

Continuous monitoring system (CMS) Yes

requirements

Except that subpart ZZZZ does not

require Continuous Opacity

Monitoring System (COMS).

§63.8(c)(5)

COMS minimum procedures

No

Subpart ZZZZ does not require 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

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

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(f)

Notification of visible emission

(VE)/opacity test

No

Subpart ZZZZ does not contain opacity

or VE standards.

§63.9(g)(1)

Notification of performance

evaluation

Yes

Except that §63.9(g) only applies as

specified in §63.6645.

§63.9(g)(2)

Notification of use of COMS data

No

Subpart ZZZZ does not contain opacity

or VE standards.

§63.9(g)(3)

Notification that criterion for

alternative to RATA is exceeded

Yes

If alternative is in use.

55

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

Except that the most recent 2 years of

data do not have to be retained on site.

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

No.

§63.10(b)(2)(vi)(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 Yes.

§63.10(c)

Additional records for sources using

CEMS

Yes

§63.10(d)(1)

General reporting requirements

Yes.

§63.10(d)(2)

Report of performance test results

Yes.

§63.10(d)(3)

Reporting opacity or VE observations No

§63.10(d)(4)

Progress reports

Yes.

§63.10(d)(5)

Startup, shutdown, and malfunction

reports

No.

§63.10(e)(1) and

(2)(i)

Additional CMS Reports

Yes.

§63.10(e)(2)(ii)

COMS-related report

No

Subpart ZZZZ does not require COMS.

§63.10(e)(3)

Excess emission and parameter

exceedances reports

Yes.

Except that §63.10(e)(3)(i) (C) is

reserved.

§63.10(e)(4)

Reporting COMS data

No

Subpart ZZZZ does not require COMS.

§63.10(f)

Waiver for recordkeeping/reporting

Yes.

§63.11

Flares

No.

§63.12

State authority and delegations

Yes.

56

For CO standard if using RATA

alternative.

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

reserved.

Subpart ZZZZ does not contain opacity

or VE standards.

§63.13

Addresses

Yes.

§63.14

Incorporation by reference

Yes.

§63.15

Availability of information

Yes.

[75 FR 9688, Mar. 3, 2010, as amended at 78 FR 6720, Jan. 30, 2013]

[40 CFR 63.6665]

2.3. 40 CFR Part 63, Subpart DDDDD – National Emission Standards for Hazardous

Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers

and Process Heaters [40 CFR §63.7480 – 63.7575 and RAC §4-103]

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

process heaters with a maximum heat capacity greater than 10 MMBtu/hr and existing

process heaters with a maximum heat capacity greater than 10 MMBtu/hr 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 DDDDD.

2.3.1. Affected Sources

2.3.1.1.

40 CFR Part 63, Subpart DDDDD applies to the following emission units:

H-450 – Optimized Process Furnaces, INC. Natural Gas-Fired Heat

Medium Heater, 31.3 MMBtu/hr Maximum Design Heat Input

H-701 - Optimized Process Furnaces, INC. Natural Gas-Fired Heat Medium

Heater, 36.7 MMBtu/hr Maximum Design Heat Input

H-781- Optimized Process Furnaces, INC. Natural Gas-Fired Heat Medium

Heater, 80 MMBtu/hr Maximum Design Heat Input

[40 CFR 63.7490]

2.3.2. Emission Limitations and Work Practice Standards

2.3.2.1.

You must meet the requirements in the following two subparagraphs below.

2.3.2.1.1.

You must meet each work practice standard in Table 3 to this

subpart that applies to your boiler or process heater, for each boiler

or process heater at your source, except as provided under §63.7522.

57

Table 3 to Subpart DDDDD of Part 63—Work Practice Standards

As stated in §63.7500, you must comply with the following applicable work practice standards:

If your unit is . . .

You must meet the following . . .

3. A new or existing

Conduct a tune-up of the boiler or process heater annually as specified in §63.7540. Units

boiler or process heater in either the Gas 1 or Metal Process Furnace subcategories will conduct this tune-up as a

without a continuous work practice for all regulated emissions under this subpart. Units in all other subcategories

oxygen trim system and will conduct this tune-up as a work practice for dioxins/furans.

with heat input capacity

of 10 million Btu per

hour or greater

4. An existing boiler or Must have a one-time energy assessment performed by a qualified energy assessor. An

process heater located energy assessment completed on or after January 1, 2008, that meets or is amended to meet

at a major source

the energy assessment requirements in this table, satisfies the energy assessment

facility, not including requirement. A facility that operated under an energy management program developed

limited use units

according to the ENERGY STAR guidelines for energy management or compatible with

ISO 50001 for at least one year between January 1, 2008 and the compliance date specified

in §63.7495 that includes the affected units also satisfies the energy assessment

requirement. The energy assessment must include the following with extent of the

evaluation for items a. to e. appropriate for the on-site technical hours listed in §63.7575:

a. A visual inspection of the boiler or process heater system.

b. An evaluation of operating characteristics of the boiler or process heater systems,

specifications of energy using systems, operating and maintenance procedures, and unusual

operating constraints.

c. An inventory of major energy use systems consuming energy from affected boilers and

process heaters and which are under the control of the boiler/process heater

owner/operator.

d. A review of available architectural and engineering plans, facility operation and

maintenance procedures and logs, and fuel usage.

e. A review of the facility's energy management program and provide recommendations for

improvements consistent with the definition of energy management program, if identified.

f. A list of cost-effective energy conservation measures that are within the facility's control.

g. A list of the energy savings potential of the energy conservation measures identified.

h. A comprehensive report detailing the ways to improve efficiency, the cost of specific

improvements, benefits, and the time frame for recouping those investments.

2.3.2.1.2.

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

defined in §63.7490), including associated air pollution control

equipment and monitoring equipment, in a manner consistent with

safety and good air pollution control practices for minimizing

emissions. Determination of whether such operation and

maintenance procedures are being used will be based on information

available to the Administrator that may include, but is not limited

to, monitoring results, review of operation and maintenance

58

procedures, review of operation and maintenance records, and

inspection of the source.

2.3.2.2.

As provided in §63.6(g), EPA may approve use of an alternative to the work

practice standards in this section.

2.3.2.3.

Boilers and process heaters in the units designed to burn gas 1 fuels

subcategory are not subject to the emission limits in Tables 1 and 2 or 11

through 13 to this subpart, or the operating limits in Table 4 to this subpart.

[40 CFR 63.7500]

2.3.3. General Compliance Requirements

2.3.3.1.

You must be in compliance with the work practice standards in this

subpart.

[40 CFR 63.7505]

2.3.4. Testing, Fuel Analyses, and Initial Compliance Requirements

2.3.4.1.

For new or reconstructed affected sources (as defined in §63.7490), you

must demonstrate initial compliance with the applicable work practice

standards in Table 3 to this subpart within the applicable annual, biennial,

or 5-year schedule as specified in §63.7515(d) following the initial

compliance date specified in §63.7495(a). Thereafter, you are required to

complete the applicable annual tune-up as specified in §63.7515(d).

[40 CFR 63.7510]

2.3.4.2.

If you are required to meet an applicable tune-up work practice standard,

you must conduct an annual performance tune-up according to

§63.7540(a)(10). Each annual tune-up specified in §63.7540(a)(10) must be

no more than 13 months after the previous tune-up. For a new or

reconstructed affected source (as defined in §63.7490), the first annual tuneup must be no later than 13 months after the initial startup of the new or

reconstructed affected source, whichever is later.

[40 CFR 63.7515]

2.3.4.3.

You must include with the Notification of Compliance Status a signed

certification that either the energy assessment was completed according to

Table 3 to this subpart, and that the assessment is an accurate depiction of

your facility at the time of the assessment, or that the maximum number of

59

on-site technical hours specified in the definition of energy assessment

applicable to the facility has been expended.

[40 CFR 63.7530]

2.3.5. Continuous Compliance Requirements

2.3.5.1.

You must demonstrate continuous compliance with the work practice

standards in Table 3 to this subpart that applies to you.

2.3.5.1.1.

If your boiler or process heater has a heat input capacity of 10

million Btu per hour or greater, you must conduct an annual tune-up

of the boiler or process heater to demonstrate continuous

compliance as specified in the subparagraphs below. You must

conduct the tune-up while burning the type of fuel (or fuels in case

of units that routinely burn a mixture) that provided the majority of

the heat input to the boiler or process heater over the 12 months prior

to the tune-up.

2.3.5.1.1.1.

As applicable, inspect the burner, and clean or replace any

components of the burner as necessary (you may perform the

burner inspection any time prior to the tune-up or delay the

burner inspection until the next scheduled unit shutdown).

Units that produce electricity for sale may delay the burner

inspection until the first outage, not to exceed 36 months

from the previous inspection. At units where entry into a

piece of process equipment or into a storage vessel is

required to complete the tune-up inspections, inspections are

required only during planned entries into the storage vessel

or process equipment;

2.3.5.1.1.2.

Inspect the flame pattern, as applicable, and adjust the burner

as necessary to optimize the flame pattern. The adjustment

should be consistent with the manufacturer's specifications,

if available;

2.3.5.1.1.3.

Inspect the system controlling the air-to-fuel ratio, as

applicable, and ensure that it is correctly calibrated and

functioning properly (you may delay the inspection until the

next scheduled unit shutdown);

60

2.3.5.1.1.4.

Optimize total emissions of CO. This optimization should be

consistent with the manufacturer's specifications, if

available, and with any NOX requirement to which the unit

is subject;

2.3.5.1.1.5.

Measure the concentrations in the effluent stream of CO in

parts per million, by volume, and oxygen in volume percent,

before and after the adjustments are made (measurements

may be either on a dry or wet basis, as long as it is the same

basis before and after the adjustments are made).

Measurements may be taken using a portable CO analyzer;

and

2.3.5.1.1.6.

Maintain on-site and submit, if requested by the

Administrator, a report containing the information in the

following three subparagraphs.

2.3.5.1.1.6.1.

The concentrations of CO in the effluent stream in

parts per million by volume, and oxygen in volume

percent, measured at high fire or typical operating

load, before and after the tune-up of the boiler or

process heater;

2.3.5.1.1.6.2.

A description of any corrective actions taken as a part

of the tune-up; and

2.3.5.1.1.6.3.

The type and amount of fuel used over the 12 months

prior to the tune-up, but only if the unit was

physically and legally capable of using more than

one type of fuel during that period. Units sharing a

fuel meter may estimate the fuel used by each unit.

2.3.5.1.2.

If the unit is not operating on the required date for a tune-up, the

tune-up must be conducted within 30 calendar days of startup.

[40 CFR 63.7540]

2.3.6. Notification, Reports, and Records

2.3.6.1.

You must submit to the Administrator all of the notifications in §63.9 that

apply to you by the dates specified.

61

2.3.6.2.

As specified in §63.9(b)(4) and (5), if you startup your new or reconstructed

affected source on or after January 31, 2013, you must submit an Initial

Notification not later than 15 days after the actual date of startup of the

affected source.

2.3.6.3.

If you are not required to conduct an initial compliance demonstration as

specified in §63.7530(a), the Notification of Compliance Status must only

contain the information specified in the subparagraphs below and must be

submitted within 60 days of the compliance date specified at §63.7495(b).

2.3.6.3.1.

A description of the affected unit(s) including identification of

which subcategories the unit is in, the design heat input capacity of

the unit, a description of the add-on controls used on the unit to

comply with this subpart, description of the fuel(s) burned,

including whether the fuel(s) were a secondary material determined

by you or the EPA through a petition process to be a non-waste

under §241.3 of this chapter, whether the fuel(s) were a secondary

material processed from discarded non-hazardous secondary

materials within the meaning of §241.3 of this chapter, and

justification for the selection of fuel(s) burned during the

compliance demonstration.

2.3.6.3.2.

In addition to the information required in §63.9(h)(2), your

notification of compliance status must include the following

certification(s) of compliance, as applicable, and signed by a

responsible official:

2.3.6.4.

2.3.6.3.2.1.

“This facility completed the required initial tune-up for all

of the boilers and process heaters covered by 40 CFR part 63

subpart DDDDD at this site according to the procedures in

§63.7540(a)(10)(i) through (vi).”

2.3.6.3.2.2.

“This facility has had an energy assessment performed

according to §63.7530(e).”

If you operate a unit designed to burn natural gas, refinery gas, or other gas

1 fuels that is subject to this subpart, and you intend to use a fuel other than

natural gas, refinery gas, gaseous fuel subject to another subpart of this part,

part 60, 61, or 65, or other gas 1 fuel to fire the affected unit during a period

62

of natural gas curtailment or supply interruption, as defined in §63.7575,

you must submit a notification of alternative fuel use within 48 hours of the

declaration of each period of natural gas curtailment or supply interruption,

as defined in §63.7575. The notification must include the information

specified in the five subparagraphs below of this section.

2.3.6.4.1.

Company name and address.

2.3.6.4.2.

Identification of the affected unit.

2.3.6.4.3.

Reason you are unable to use natural gas or equivalent fuel,

including the date when the natural gas curtailment was declared or

the natural gas supply interruption began.

2.3.6.4.4.

Type of alternative fuel that you intend to use.

2.3.6.4.5.

Dates when the alternative fuel use is expected to begin and end.

2.3.6.5.

If you have switched fuels or made a physical change to the boiler or process

heater and the fuel switch or physical change resulted in the applicability of

a different subcategory, you must provide notice of the date upon which you

switched fuels or made the physical change within 30 days of the

switch/change. The notification must identify:

2.3.6.5.1.

The name of the owner or operator of the affected source, as defined

in §63.7490, the location of the source, the boiler(s) and process

heater(s) that have switched fuels, were physically changed, and the

date of the notice.

2.3.6.5.2.

The currently applicable subcategory under this subpart.

2.3.6.5.3.

The date upon which the fuel switch or physical change occurred.

[40 CFR 63.7545]

2.3.6.6.

You must submit each report in Table 9 to this subpart that applies to you.

63

Table 9 to Subpart DDDDD of Part 63—Reporting Requirements

As stated in §63.7550, you must comply with the following requirements for reports:

You must

submit a

You must submit the report

. . .

The report must contain . . .

1.

a. Information required in §63.7550(c)(1) through (5); and

Compliance

report

Semiannually, annually,

biennially, or every 5 years

according to the requirements in

§63.7550(b).

b. If there are no deviations from the requirements for work practice

standards for periods of startup and shutdown in Table 3 to this

subpart that apply to you, a statement that there were no deviations

from the work practice standards during the reporting period; and

c. If you have a deviation from a work practice standard for periods

of startup and shutdown, during the reporting period, the report must

contain the information in §63.7550(d); and

2.3.6.7.

For units that are subject only to a requirement to conduct subsequent

annual tune-up according to §63.7540(a)(10), and not subject to emission

limits or Table 4 operating limits, you may submit only an annual

compliance report, as applicable, instead of a semi-annual compliance

report.

2.3.6.7.1.

2.3.6.8.

For each affected source that is subject to permitting regulations

pursuant to part 70 or part 71 of this chapter, and if the permitting

authority has established dates for submitting annual reports

pursuant to 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A), you may submit

the subsequent compliance reports according to the dates the

permitting authority has established in the permit.

A compliance report must contain the following information depending on

how the facility chooses to comply with the limits set in this rule.

2.3.6.8.1.

If the facility is subject to the requirements of a tune up you must

submit a compliance report with the information in the

subparagraphs below.

2.3.6.8.1.1.

Company and Facility name and address.

2.3.6.8.1.2.

Process unit information

64

2.3.6.8.1.3.

Date of report and beginning and ending dates of the

reporting period.

2.3.6.8.1.4.

Include the date of the most recent tune-up for each unit

subject to only the requirement to conduct an annual tune-up

according to §63.7540(a)(10). Include the date of the most

recent burner inspection if it was not done annually and was

delayed until the next scheduled or unscheduled unit

shutdown.

2.3.6.8.1.5.

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

title, and signature, certifying the truth, accuracy, and

completeness of the content of the report.

2.3.6.9.

You must submit all reports required by Table 9 of this subpart

electronically to the EPA via the CEDRI. (CEDRI can be accessed through

the EPA's CDX.) You must use the appropriate electronic report in CEDRI

for this subpart. Instead of using the electronic report in CEDRI for this

subpart, you may submit an alternate electronic file consistent with the

XML

schema

listed

on

the

CEDRI

Web

site

(http://www.epa.gov/ttn/chief/cedri/index.html), once the XML schema is

available. If the reporting form specific to this subpart is not available in

CEDRI at the time that the report is due, you must submit the report to the

Administrator at the appropriate address listed in §63.13. You must begin

submitting reports via CEDRI no later than 90 days after the form becomes

available in CEDRI.

[40 CFR 63.7550]

2.3.6.10.

You must keep records according to the following two subparagraphs of

this section.

2.3.6.10.1.

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 or semiannual

compliance report that you submitted, according to the requirements

in §63.10(b)(2)(xiv).

2.3.6.10.2.

Records of compliance

§63.10(b)(2)(viii).

demonstrations

as

required

in

[40 CFR 63.7555]

65

2.3.6.11.

Your records must be in a form suitable and readily available for

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

2.3.6.12.

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.

2.3.6.13.

You must keep each record on site, or they must be accessible from on site

(for example, through a computer network), for at least 2 years after the date

of each occurrence, measurement, maintenance, corrective action, report, or

record, according to §63.10(b)(1). You can keep the records off site for the

remaining 3 years.

[40 CFR 63.7560]

2.3.7. Other Requirements and Information

2.3.7.1.

Table 10 to this subpart shows which parts of the General Provisions in

§§63.1 through 63.15 apply to you.

Table 10 to Subpart DDDDD of Part 63—Applicability of General Provisions to Subpart DDDDD

As stated in §63.7565, you must comply with the applicable General Provisions according to the following:

Citation

Subject

Applies to subpart DDDDD

§63.1

Applicability

Yes.

§63.2

Definitions

Yes. Additional terms defined in §63.7575

§63.3

Units and Abbreviations

Yes.

§63.4

Prohibited Activities and

Circumvention

Yes.

§63.5

Preconstruction Review and Yes.

Notification Requirements

§63.6(a), (b)(1)-(b)(5), (b)(7), (c)

Compliance with Standards Yes.

and Maintenance

Requirements

§63.6(e)(1)(i)

General duty to minimize

emissions.

No. See §63.7500(a)(3) for the general duty

requirement.

§63.6(e)(1)(ii)

Requirement to correct

malfunctions as soon as

practicable.

No.

§63.6(e)(3)

Startup, shutdown, and

malfunction plan

requirements.

No.

66

§63.6(f)(1)

Startup, shutdown, and

No.

malfunction exemptions for

compliance with nonopacity emission standards.

§63.6(f)(2) and (3)

Compliance with nonYes.

opacity emission standards.

§63.6(g)

Use of alternative standards Yes, except §63.7555(d)(13) specifies the

procedure for application and approval of an

alternative timeframe with the PM controls

requirement in the startup work practice (2).

§63.6(h)(1)

Startup, shutdown, and

No. See §63.7500(a).

malfunction exemptions to

opacity standards.

§63.6(h)(2) to (h)(9)

Determining compliance

with opacity emission

standards

No. Subpart DDDDD specifies opacity as an

operating limit not an emission standard.

§63.6(i)

Extension of compliance

Yes. Note: Facilities may also request

extensions of compliance for the installation

of combined heat and power, waste heat

recovery, or gas pipeline or fuel feeding

infrastructure as a means of complying with

this subpart.

§63.6(j)

Presidential exemption.

Yes.

§63.7(a), (b), (c), and (d)

Performance Testing

Requirements

Yes.

§63.7(e)(1)

Conditions for conducting

performance tests

No. Subpart DDDDD specifies conditions for

conducting performance tests at §63.7520(a)

to (c).

§63.7(e)(2)-(e)(9), (f), (g), and (h)

Performance Testing

Requirements

Yes.

§63.8(a) and (b)

Applicability and Conduct Yes.

of Monitoring

§63.8(c)(1)

Operation and maintenance Yes.

of CMS

§63.8(c)(1)(i)

General duty to minimize

emissions and CMS

operation

§63.8(c)(1)(ii)

Operation and maintenance Yes.

of CMS

§63.8(c)(1)(iii)

Startup, shutdown, and

No.

malfunction plans for CMS

§63.8(c)(2) to (c)(9)

Operation and maintenance Yes.

of CMS

§63.8(d)(1) and (2)

Monitoring Requirements, Yes.

Quality Control Program

67

No. See §63.7500(a)(3).

§63.8(d)(3)

Written procedures for

CMS

§63.8(e)

Performance evaluation of a Yes.

CMS

§63.8(f)

Use of an alternative

monitoring method.

Yes.

§63.8(g)

Reduction of monitoring

data

Yes.

§63.9

Notification Requirements Yes.

§63.10(a), (b)(1)

Recordkeeping and

Reporting Requirements

§63.10(b)(2)(i)

Recordkeeping of

Yes.

occurrence and duration of

startups or shutdowns

§63.10(b)(2)(ii)

Recordkeeping of

malfunctions

No. See §63.7555(d)(7) for recordkeeping of

occurrence and duration and §63.7555(d)(8)

for actions taken during malfunctions.

§63.10(b)(2)(iii)

Maintenance records

Yes.

§63.10(b)(2)(iv) and (v)

Actions taken to minimize No.

emissions during startup,

shutdown, or malfunction

§63.10(b)(2)(vi)

Recordkeeping for CMS

malfunctions

Yes.

§63.10(b)(2)(vii) to (xiv)

Other CMS requirements

Yes.

§63.10(b)(3)

Recordkeeping

No.

requirements for

applicability determinations

§63.10(c)(1) to (9)

Recordkeeping for sources Yes.

with CMS

§63.10(c)(10) and (11)

Recording nature and cause No. See §63.7555(d)(7) for recordkeeping of

of malfunctions, and

occurrence and duration and §63.7555(d)(8)

corrective actions

for actions taken during malfunctions.

§63.10(c)(12) and (13)

Recordkeeping for sources Yes.

with CMS

§63.10(c)(15)

Use of startup, shutdown,

and malfunction plan

No.

§63.10(d)(1) and (2)

General reporting

requirements

Yes.

§63.10(d)(3)

Reporting opacity or visible No.

emission observation results

§63.10(d)(4)

Progress reports under an

extension of compliance

68

Yes, except for the last sentence, which refers

to a startup, shutdown, and malfunction plan.

Startup, shutdown, and malfunction plans are

not required.

Yes.

Yes.

§63.10(d)(5)

Startup, shutdown, and

malfunction reports

No. See §63.7550(c)(11) for malfunction

reporting requirements.

§63.10(e)

Additional reporting

requirements for sources

with CMS

Yes.

§63.10(f)

Waiver of recordkeeping or Yes.

reporting requirements

§63.11

Control Device

Requirements

No.

§63.12

State Authority and

Delegation

Yes.

§63.13-63.16

Addresses, Incorporation by Yes.

Reference, Availability of

Information, Performance

Track Provisions

§63.1(a)(5),(a)(7)-(a)(9), (b)(2), (c)(3)- Reserved

(4), (d), 63.6(b)(6), (c)(3), (c)(4), (d),

(e)(2), (e)(3)(ii), (h)(3), (h)(5)(iv),

63.8(a)(3), 63.9(b)(3), (h)(4),

63.10(c)(2)-(4), (c)(9).

No.

[40 CFR 63.7565]

Tribal Minor New Source Review

3.1. Synthetic Minor New Source Review Permit Requirements [SMNSR-SU-0000102020.002A]

Arkansas Loop and Simpson Treating Plants are subject to the requirements of permit

#SMNSR-SU-000010-2020.002A. Notwithstanding conditions in this permit, the

permittee must comply with all requirements of #SMNSR-SU-000010-2020.002A.

3.1.1. Applicability

3.1.1.1.

This permit (#SMNSR-SU-000010-2020.002A) is being issued under

authority of the MNSR Permit Program.

3.1.1.2.

The requirements in this permit (#SMNSR-SU-000010-2020.002A) have

been created, at the Permittee’s request, to avoid the requirements of the

Prevention of Significant Deterioration (PSD) Permit Program at 40 CFR

Part 52 for construction of the Simpson Treating Plant (an otherwise PSD

significant modification to the Arkansas Loop Treating Plant) and to

establish legally and practicably enforceable restrictions for limiting

cumulative facility volatile organic compound (VOC) emissions and

69

compressor engine nitrogen oxides (NOx), carbon monoxide (CO), VOC,

and formaldehyde (CH2O) emissions.

3.1.1.3.

Any conditions established for this facility or any specific units at this

facility pursuant to any permit issued under the authority of the PSD Permit

Program or the MNSR Permit Program shall continue to apply.

3.1.1.4.

By issuing this permit (#SMNSR-SU-000010-2020.002A), the Tribe does

not assume any risk of loss which may occur as a result of the operation of

the permitted facility by the Permittee, Owner and/or Operator, if the

conditions of this permit (#SMNSR-SU-000010-2020.002A) are not met by

the Permittee, Owner and/or Operator.

3.1.2. Equipment Removal from Arkansas Loop Treating Plant

3.1.2.1.

The Permittee shall shut down, permanently remove from service, and

physically remove from the Arkansas Loop Treating Plant, an existing

1,283 site-rated horse-power (hp), 4-stroke lean-burn (4SLB) natural gasfired reciprocating internal combustion engine used for compression and an

existing 37 million standard cubic feet per day (MMscfd) TEG dehydration

system with its associated 0.6 million British thermal units per hour

(MMBtu/hr) natural gas-fired reboiler prior to starting up any emission units

at the Simpson Treating Plant.

3.1.2.2.

The Permittee shall submit to the Tribe documentation sufficient to verify

that the engine and dehydration system have been physically removed from

the Arkansas Loop Treating Plant prior to starting up any of the emission

units at the Simpson Treating Plant. This documentation shall be submitted

within 30 days of the physical removal of the engine and dehydrator.

Note: The EPA received notification from Red Cedar that the Arkansas Loop Treating Plant

equipment removal was completed on February 16, 2011, and that the new equipment at the

Simpson Treating Plant commenced operation on March 22, 2011.

3.1.3. Construction Requirements

3.1.3.1.

The Permittee may install, maintain, and operate the following equipment

at the Simpson Treating Plant:

70

Table 1 – Approved Emission Unit Construction

Two - 1,622 maximum site rated hp, 4SLB operated, natural gas-fired reciprocating

internal combustion engines used for electric generation

One - 80 MMBtu/hr, natural gas-fired custom-made heat medium heater

One - 100 MMscfd custom made amine plant

Two - 70 MMscfd TEG Dehydration Systems each with 1.2 MMBtu/hr, natural gas-fired

TEG reboiler

One - 6,615 gallon inlet coalescing filter dump tank (production water)*

One - 125 gallon heat medium makeup storage tank *

One - 6,615 gallon heat medium pressure safety valve (PSV) blowdown tank *

One - 30 gallon oil tote tank (anti-foam) *

One - 1,575 gallon TEG makeup storage tank*

One - 1,316 gallon still vent tank*

One each 542 gallon coolant tank, coolant maintenance tank, used engine oil tank, engine

oil tank*

One each 55 gallon coolant overflow barrel and oil overflow barrel*

One - 1,575 gallon TEG recovery tank*

One - 2,835 gallon process and oily water drain tank*

One - 2,835 gallon oily water sump tank*

*Insignificant emission unit as defined in 40 CFR 71.2

3.1.3.2.

Only the engines that are operated and controlled as specified in this permit

(#SMNSR-SU-000010-2020.002A) are approved for installation under this

permit (#SMNSR-SU-000010-2020.002A).

3.1.4. Emission Limits

3.1.4.1.

Total cumulative VOC emissions from the approved emission units for the

Simpson Treating Plant, specified in Table 1 above, shall not exceed 41.6

tons during any consecutive 12 months.

3.1.4.2.

VOC emissions (to include CH2O and acetaldehyde) from each 1,622 hp

4SLB natural gas-fired engine shall not exceed the following:

3.1.4.2.1.

2.1 pounds per hour (lbs/hr); and

71

3.1.4.2.2.

3.1.4.3.

9.4 tons per year (tpy).

CH2O emissions from each 1,622 hp 4SLB natural gas-fired engine shall

not exceed the following:

3.1.4.3.1.

1.4 lbs/hr; and

3.1.4.3.2.

6.3 tpy.

3.1.4.4.

Emission limits shall apply at all times, unless otherwise specified in this

permit (#SMNSR-SU-000010-2020.002A).

3.1.5. Control and Operational Requirements

3.1.5.1.

The Permittee shall ensure that each engine is equipped with an oxidation

catalyst control system capable of reducing uncontrolled VOC and CH 2O

emissions to meet the emission limits specified in this permit (#SMNSRSU-000010-2020.002A).

3.1.5.2.

The Permittee shall install, operate, and maintain temperature-sensing

devices (i.e., thermocouple or resistance temperature detectors) before the

catalytic control system on each engine to continuously monitor the exhaust

temperature at the inlet of the catalyst bed. Each temperature sensing device

shall be calibrated and operated according to manufacturer specifications or

equivalent specifications developed by the Permittee or vendor.

3.1.5.3.

Except during startups, which shall not exceed 30 minutes, the engine

exhaust temperature of each engine, at the inlet to the catalyst bed shall be

maintained at all times the engines operate with an inlet temperature of at

least 450 ºF and no more than 1,250 ºF.

3.1.5.4.

During operation the pressure drop across the catalyst bed on each 1,622 hp

engine shall be maintained to within ±2 inches of water from the baseline

pressure drop reading taken during the most recent performance test. The

baseline pressure drop for the catalyst bed shall be determined at 100% ±

10% of the engine load measured during the most recent performance test.

3.1.5.5.

The Permittee shall only fire each 1,622 hp 4SLB engine with natural gas.

The natural gas shall be pipeline-quality in all respects except that the

72

carbon dioxide (CO2) concentration in the gas is not required to be within

pipeline-quality.

3.1.5.6.

The Permittee shall follow, for each 1,622 hp 4SLB engine and its

respective catalytic control system, the manufacturer recommended

maintenance schedule and procedures, or equivalent maintenance schedule

and procedures developed by the Permittee or vendor, to ensure optimum

performance of each engine and its respective catalytic control system.

3.1.5.7.

The Permittee may rebuild an existing permitted engine or replace an

existing permitted engine with an engine of the same hp rating and

configured to operate in the same manner as the engine being rebuilt or

replaced. Any emission limits, requirements, control technologies, testing

or other provisions that apply to the permitted engines that are replaced shall

also apply to the rebuilt and replaced engines.

3.1.5.8.

The Permittee may resume operation without the catalytic control system

during an engine break-in period, not to exceed 200 operating hours, for

rebuilt and replaced engines.

3.1.6. Performance Testing Requirements

3.1.6.1.

Performance tests shall be conducted on each 1,622 hp 4SLB natural gasfired engine for measuring VOC, and CH2O emissions to demonstrate

compliance with the emission limits in this permit (#SMNSR-SU-0000102020.002A) and establish a baseline percentage of the CO emissions

reduction that correlates with the compliance of the VOC and CH 2O

emission limits. The performance tests shall be conducted in accordance

with appropriate reference methods specified in 40 CFR Part 60, Appendix

A, 40 CFR Part 63, Appendix A, or an EPA-approved American Society for

Testing and Materials (ASTM) method. The Permittee may submit to the

EPA a written request for approval of an alternate test method but shall only

use that alternate test method after obtaining approval from the EPA.

3.1.6.1.1.

The initial performance test shall be conducted within 90 calendar

days of startup of a new engine.

3.1.6.1.2.

For annual performance tests, the tests shall be performed each

consecutive calendar year between January and December.

73

Subsequent performance tests shall be conducted within 10 to 14

months of the most recent performance test.

3.1.6.1.3.

Performance tests shall be conducted within 90 calendar days of the

replacement of a catalyst on an engine.

3.1.6.1.4.

Performance tests shall be conducted within 90 calendar days of

startup of all rebuilt engines and replaced engines.

3.1.6.2.

The Permittee shall not perform engine tuning or make any adjustments to

engine settings, catalytic control system settings, processes, or operational

parameters the day of or during the engine testing. Any such tuning or

adjustments may result in a determination by the Tribe that the test is

invalid. Artificially increasing an engine load to meet testing requirements

is not considered engine tuning or adjustments.

3.1.6.3.

The Permittee shall not abort any engine tests that demonstrate noncompliance with the VOC or CH2O emission limits in this permit

(#SMNSR-SU-000010-2020.002A).

3.1.6.4.

Performance tests conducted on each 1,622 hp 4SLB engine shall meet the

following requirements:

3.1.6.4.1.

Portable analyzer testing shall be conducted at least once during

each performance test to establish a new baseline percentage

reduction of CO emissions that correlates with compliance of the

VOC and CH2O emission limits.

3.1.6.4.2.

The pressure drop across each catalyst bed and the inlet temperature

to each catalyst bed shall both be measured and recorded at least

once during each performance test to establish a new baseline

pressure drop and to demonstrate compliance with the operating

temperature limitation of this permit (#SMNSR-SU-0000102020.002A).

3.1.6.4.3.

All performance tests shall be conducted at a maximum operating

rate (90% to 110% of the maximum achievable engine load

available at the time of the test). The Permittee may submit to the

EPA a written request for approval of an alternate load level for

74

testing but shall only test at that alternative level after obtaining

written approval from the EPA.

3.1.6.4.4.

During each test run, data shall be collected on all parameters

necessary to document how VOC and CH2O emissions, and percent

reduction of CO emissions were measured and calculated (such as

test run length, minimum sample volume, volumetric flow rate,

moisture, and oxygen corrections, etc.).

3.1.6.4.5.

Each test shall consist of at least three 1-hour or longer valid test

runs. Emission results shall be reported as the arithmetic average of

all valid test runs and shall be in terms of the emission limits (lbs/hr)

for VOC and CH2O, and percentage reduction of CO.

3.1.6.4.6.

Performance test plans shall be submitted to the Tribe for approval

60 calendar days prior to the date the test is planned.

3.1.6.4.7.

Performance test plans that have already been approved by the EPA

or the Tribe for the emission units approved in this permit

(#SMNSR-SU-000010-2020.002A) may be used in lieu of new test

plans unless the Tribe requires the submittal and approval of new

test plans. The Permittee may submit new plans for Tribe approval

at any time.

3.1.6.4.8.

The test plans shall include and address the following elements:

3.1.6.4.8.1.

Purpose of the test;

3.1.6.4.8.2.

Engines and catalytic control systems to be tested;

3.1.6.4.8.3.

Expected engine operating rate(s) during the test;

3.1.6.4.8.4.

Sampling and analysis procedures (sampling locations, test

methods, laboratory identification);

3.1.6.4.8.5.

Quality assurance plan (calibration procedures and

frequency, sample recovery and field documentation, chain

of custody procedures); and

75

3.1.6.4.8.6.

Data processing and reporting (description of data handling

and quality control procedures, report content).

3.1.6.4.9.

The Permittee shall notify the Tribe at least 30 calendar days prior

to scheduled performance testing. The Permittee shall notify the

Tribe at least 1 week prior to scheduled performance testing if the

testing cannot be performed.

3.1.6.4.10.

If a permitted engine is not operating, the Permittee does not need

to start up the engine solely to conduct a performance test. The

Permittee may conduct the performance test when the engine is

started up again.

3.1.7. Monitoring Requirements

3.1.7.1.

The Permittee shall concurrently measure the flow rate of the acid gas

entering the amine plant contactor at the Simpson Treating Plant in

MMscf/hr using a flow meter and obtain an analysis of the CO 2 content of

the acid gas entering the amine plant contactor, quarterly at a minimum.

3.1.7.1.1.

3.1.7.1.1.1.

The CO2 analysis shall be obtained using a gas chromatograph

operated and maintained according to a monitoring protocol

developed by the permittee and approved by the Tribe.

The monitoring protocol shall outline the maintenance and

calibration procedures for the gas chromatograph and the

frequency at which those will occur.

3.1.7.2.

The Permittee shall continuously monitor the exhaust temperature of each

engine at the inlet to each catalyst bed on each 1,622 hp 4SLB engine.

3.1.7.3.

Except during startups, which shall not exceed 30 minutes, if the engine

exhaust temperature at the inlet to the catalyst bed on either 1,622 hp 4SLB

natural gas-fired engine deviates from the acceptable ranges specified in this

permit (#SMNSR-SU-000010-2020.002A), then the following actions shall

be taken. The Permittee’s completion of any or all of these actions shall not

constitute, nor qualify as, an exemption from any other emission limits in

this permit (#SMNSR-SU-000010-2020.002A).

76

3.1.7.3.1.

Within 24 hours of determining a deviation of the engine exhaust

temperature at the inlet to the catalyst bed, the Permittee shall

investigate. The investigation shall include testing the temperature

sensing device, inspecting the engine for performance problems, and

assessing the catalytic control system for possible damage that could

affect catalytic system effectiveness (including, but not limited to,

catalyst housing damage, and fouled, destroyed, or poisoned

catalyst).

3.1.7.3.2.

If the engine exhaust temperature at the inlet to the catalyst bed can

be corrected by following the engine manufacturer recommended

procedures or equivalent procedures developed by the Permittee or

vendor, and the catalytic control system has not been damaged, then

the Permittee shall correct the engine exhaust temperature at the

inlet to the catalyst bed within 24 hours of inspecting the engine and

catalytic control system.

3.1.7.3.3.

If the engine exhaust temperature at the inlet to the catalyst bed

cannot be corrected using the engine manufacturer recommended

procedures or equivalent procedures developed by the Permittee or

vendor, or the catalytic control system has been damaged, then the

affected engine shall cease operating immediately and shall not be

returned to routine service until the following has been met:

3.1.7.4.

3.1.7.3.3.1.

The engine exhaust temperature at the inlet to the catalyst

bed is measured and found to be within the acceptable

temperature range for that engine; and

3.1.7.3.3.2.

The catalytic control system has been repaired or replaced,

if necessary.

The Permittee shall monitor the pressure drop across the catalyst bed on

each 1,622 hp 4SLB engine once per month, using pressure sensing devices

before and after the catalyst bed to obtain a direct reading of the pressure

drop (also referred to as the differential pressure). [Note to Permittee:

Differential pressure measurements, in general, are used to show the

pressure across the filter elements. This information will determine when

the elements of the catalyst bed are fouling, blocked, or blown out and thus

require cleaning or replacement.]

77

3.1.7.5.

The Permittee shall perform the first measurement of the pressure drop

across the catalyst bed on each engine no more than 30 days from the date

of the initial performance test. Thereafter, the Permittee shall measure the

pressure drop across the catalyst bed, at a minimum, once per month.

Subsequent performance tests, as required in this permit (#SMNSR-SU000010-2020.002A), can be used to meet the periodic pressure drop

monitoring requirements provided it occurs within the 30-day window. The

pressure drop reading can be a one-time measurement on that day, the

average of performance test runs conducted on that day, or an average of all

the measurements taken on that day if continuous readings are taken.

3.1.7.6.

If the pressure drop reading exceeds ± 2 inches of water from the baseline

pressure drop established during the most recent performance test, then the

following actions shall be taken. The Permittee’s completion of any or all

of these actions shall not constitute, nor qualify as, an exemption from any

other emission limits in this permit (#SMNSR-SU-000010-2020.002A).

3.1.7.6.1.

Within 24 hours of determining a deviation of the pressure drop

across the catalyst bed, the Permittee shall investigate. The

investigation shall include testing the pressure transducers and

assess

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