# Southern Ute Indian Tribe (2019) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Asouthern_ute%3A4febaebb9f47ceb0 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Southern Ute Indian Tribe Air Quality Division Title V Operating Permit Southern Ute Indian Tribe Environmental Programs Department Air Quality Division 71 Mike Frost Way Ignacio, Colorado 81137 AIR POLLUTION CONTROL TITLE V PERMIT TO OPERATE In accordance with the provisions of Title V of the Clean Air Act (42 U.S.C. 7661-7661f) and Part 1, Article II of the Southern Ute Indian Tribe/State of Colorado Environmental Commission’s Reservation Air Code (RAC) and applicable rules and regulations, Red Cedar Gathering Company 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Asouthern_ute%3A4febaebb9f47ceb0. Public record. Not legal advice.