# Environmental Programs Division (2020)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Asouthern_ute%3A5f7d6b78f56ac820

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

AIR QUALITY PROGRAM

Environmental Programs Division
Southern Ute Indian Tribe
PO Box 737 MS#84
Ignacio, CO 81137
Phone 970-563-4705
http://www.southernute-nsn.gov/environmental-programs/air-quality
June 14, 2021
Mr. Kyle Hunderman
Environmental Compliance Specialist II – Air Quality
Red Cedar Gathering Company
125 Mercado Street; Suite 201
Durango, CO 81301
Re:

Final Part 70 Operating Permit
Title V Permit #V-SUIT-0031-2020.00
Red Cedar Gathering Company
South Ignacio Central Delivery Point

Dear Mr. Hunderman:
The Southern Ute Indian Tribe Air Quality Program (AQP) has completed its review of Red Cedar
Gathering Company’s (Red Cedar) request to renew a Title V Permit to Operate pursuant to the Title V
Operating Permit Program at 40 CFR Part 70, for the South Ignacio Central Delivery Point.
Based on the information submitted in the company’s application, the Tribe hereby issues the enclosed
Title V Permit to Operate. The final permit will become effective on June 14, 2021.
A 30-day public comment period was held from March 12, 2021 to April 11, 2021. The Tribe received
no comments from Red Cedar during this time and no comments were received from the public, affected
states, or tribes.
On March 24, 2021, Red Cedar identified an incorrect VOC emission factor in the Part 70 renewal
application for South Ignacio Central Delivery Point. As per Reservation Air Code §2-106(5) - Duty to
Supplement and Correct, Red Cedar submitted an application revision to correct the emission factor and
the potential to emit. The correction resulted in a decrease in VOC emissions but did not result in any
change to regulatory applicability.
A 45-day Administrative Review period at EPA Region 8 was held from April 27, 2021 to June 11,
2021. No comments were received from EPA Region 8 during this review period.
Pursuant to RAC § 2-109(8), within 60 days after the final permit has been issued, the applicant, any
person who participated in the public comment process and is aggrieved by the action, and any other
person who could obtain judicial review of that action under applicable law, may appeal to the
Environmental Commission in accordance with the Southern Ute Indian Tribe/State of Colorado
Environmental Commission’s Reservation Air Code (RAC) and the Commission’s Procedural Rules.
Additionally, the regulations at RAC § 2-109(7) specify that any person may petition the EPA
Administrator within 60 days after the expiration of the Administrator’s 45-day review period to make an

objection that the permit would not be in compliance with applicable requirements. Any such petition
must be based only on objections to the permit that were raised with reasonable specificity during the
public comment period unless the petitioner demonstrates that it was impracticable to raise such objections
within such period, or unless the grounds for such objections arose after such period.
If you have any questions concerning the enclosed permit, please contact Matt Wampler at 970-563-2202.
Sincerely,
Matt Wampler
Air Quality Technical Manager
Southern Ute Indian Tribe

Cc: Colin Schwartz – EPA Part 70 Permit Program Oversight Lead – US EPA Region 8

Southern Ute Indian Tribe
Air Quality Program

Title V Operating Permit

Southern Ute Indian Tribe

Environmental Programs Division
Air Quality Program
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
South Ignacio Central Delivery Point
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 32, T33N R7W
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 Program Manager
Environmental Programs Division
Southern Ute Indian Tribe

AIR POLLUTION CONTROL
TITLE V PERMIT TO OPERATE
Red Cedar Gathering Company
South Ignacio Central Delivery Point
SUIT Account Identification Code: 2-030
Permit Number: V-SUIT-0031-2020.00
[Replaces Permit No.: V-SUIT-0031-2015.02]

Issue Date:
Effective Date:
Expiration Date:

June 14, 2021
June 14, 2021
June 14, 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

April 2, 2004

Permit Issued

Initial Part 71 Permit Issued

V-SU-0031-01.00

November 30, 2005

Permit Revision

Significant Permit Revision
•
Addition of three lean burn compressor engines

V-SU-0031-01.01

January 2006

Permit Revision

Administrative Permit Revision
•
Change responsible official

V-SU-0031-01.02

February 2008

Permit Revision

Administrative Permit Revision
•
Streamline permit language and permitting process

V-SU-0031-01.03

July 14, 2008

Permit Revision

Significant Permit Revision
•
Installation of dehydration unit D1

V-SU-0031-01.04

August 10, 2009

Permit Issued

First Part 71 Renewal Permit Issued

V-SU-0031-08.00

June 8, 2015

Permit Issued

Initial Part 70 Permit Issued

V-SUIT-0031-2015.00

January 9, 2017

Permit Revision

Administrative Permit Revision
•
Change of ownership from Samson Resources
Company to Red Willow Production Company

V-SUIT-0031-2015.01

December 19, 2017

Permit Revision

Administrative Permit Revision
•
Change of ownership from Red Willow Production
Company to Red Cedar Gathering Company

V-SUIT-0031-2015.02

June 14, 2021

Permit Issued

First Part 70 Renewal Permit Issued

V-SUIT-0031-2020.00

Table of Contents
Abbreviations and Acronyms ............................................................................................................................. iii
Section I – Source Information and Emission Unit Identification ......................................................................... 1
Source Information .......................................................................................................................................... 1
Source Emission Points .................................................................................................................................... 2
Section II – General Requirements...................................................................................................................... 3
Title V Administrative Requirements ............................................................................................................... 3
1.1.
Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118] ........................................................................ 3
1.2.
Compliance Requirements..................................................................................................................... 5
1.3.
Duty to Provide and Supplement Information [RAC 2-110(7)(e), 2-106(5), and 2-124] ........................ 7
1.4.
Submissions [RAC 2-105] ....................................................................................................................... 8
1.5.
Severability Clause [RAC 1-106 and RAC 2-110(1)(f)] ............................................................................ 8
1.6.
Permit Actions [RAC 2-110(3)] ............................................................................................................... 8
1.7.
Administrative Permit Revision [RAC 2-111(2)] ..................................................................................... 9
1.8.
Minor Permit Revisions [RAC 2-111(3)] ................................................................................................. 9
1.9.
Significant Permit Revisions [RAC 2-111(4)] ........................................................................................ 10
1.10.
Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2-112] ............................11
1.11.
Property Rights [RAC 2-110(3)(e)]........................................................................................................ 12
1.12.
Inspection and Entry [RAC 2-110(9)(b)] ............................................................................................... 12
1.13.
Emergency Situations [RAC 2-117] ...................................................................................................... 12
1.14.
Permit Transfers [RAC 2-113] .............................................................................................................. 13
1.15.
Off-Permit Changes [RAC 2-116(2)] ..................................................................................................... 13
1.16.
Permit Expiration and Renewal ........................................................................................................... 14
Facility-Wide Requirements........................................................................................................................... 15
2.1.
General Recordkeeping Requirements [RAC 2-110(6)] ....................................................................... 15
2.2.
General Reporting Requirements ........................................................................................................ 16
2.3.
Alternative Operating Scenarios [RAC 2-110(8)] ................................................................................. 18
2.4.
Permit Shield [RAC 2-110(10)(c)] ......................................................................................................... 20
2.5.
Stratospheric Ozone and Climate Protection [40 CFR Part 82] ........................................................... 20
Section III – Site Specific Permit Terms .............................................................................................................. 21
Reserved - New Source Performance Standards (NSPS) and 40 CFR Part 60 ................................................ 21
National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR Part 63 ...........................21
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 – 63.774 and RAC §4-103] ................................................. 21
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] ...........21
Tribal Minor New Source Review................................................................................................................... 47
3.1.
Synthetic Minor New Source Review Permit Requirements [SMNSR-SU-000031-2019.004] .............47
Reserved – Prevention of Significant Deterioration Requirements ............................................................... 65
Reserved – Consent Decree Requirements .................................................................................................... 65

i

Reserved – Compliance Assurance Monitoring (CAM) Requirements ........................................................... 65
Enhanced Monitoring, Recordkeeping, and Reporting.................................................................................. 65
Section IV – Appendix ....................................................................................................................................... 66
Inspection Information .................................................................................................................................. 66
1.1.
Driving Directions: ............................................................................................................................... 66
1.2.
Global Positioning System (GPS): ......................................................................................................... 66
1.3.
Safety Considerations: ......................................................................................................................... 66

ii

Abbreviations and Acronyms
4SLB
4SRB
AFS
AQP
bbl
BACT
CAA
CAM
CEMS
CFR
CMS
COMS
CO
CO2
dscf
dscm
EPA
gal
GPM
H2S
HAP
hr
ID
kg
lbs
MACT
Mg
MMBtu
MMSCFD
mo
NESHAP
NMHC
NOx
NSPS
NSR
pH
PM
PM10
ppbvd
ppm
ppmvd
PSD
PTE
psi
psia
RAC
RICE
RMP
scf
scfm
SI
SO2
SUIT
tpy

Four-Stroke Lean-Burn
Four-Stroke Rich-Burn
Air Facility System database
Southern Ute Indian Tribe’s Air Quality Program
Barrels
Best Available Control Technology
Clean Air Act [42 U.S.C. Section 7401 et seq.]
Compliance Assurance Monitoring
Continuous Emission Monitoring System
Code of Federal Regulations
Continuous Monitoring System (includes COMS, CEMS and diluent monitoring)
Continuous Opacity Monitoring System
Carbon monoxide
Carbon dioxide
Dry standard cubic foot
Dry standard cubic meter
United States Environmental Protection Agency
Gallon
Gallons per minute
Hydrogen sulfide
Hazardous Air Pollutant
Hour
Identification Number
Kilogram
Pounds
Maximum Achievable Control Technology
Megagram
Million British Thermal Units
Million standard cubic feet per day
Month
National Emission Standards for Hazardous Air Pollutants
Non-methane hydrocarbons
Nitrogen Oxides
New Source Performance Standard
New Source Review
Negative logarithm of effective hydrogen ion concentration (acidity)
Particulate Matter
Particulate matter less than 10 microns in diameter
Parts per billion by volume, dry
Parts per million
Parts per million by volume, dry
Prevention of Significant Deterioration
Potential to Emit
Pounds per square inch
Pounds per square inch absolute
Southern Ute Indian Tribe/State of Colorado Environmental Commission’s Reservation
Air Code
Reciprocating Internal Combustion Engine
Risk Management Plan
Standard cubic feet
Standard cubic feet per minute
Spark Ignition
Sulfur Dioxide
Southern Ute Indian Tribe
Ton(s) Per Year

iii

Tribe
US EPA
VOC

Southern Ute Indian Tribe
United States Environmental Protection Agency
Volatile Organic Compounds

iv

Table of Figures
Table 1 - Emission Units................................................................................................................. 2
Table 2 - Insignificant Emission Units ........................................................................................... 3

v

Section I – Source Information and Emission Unit Identification
Source Information
Owner Name:
Facility Name:
Facility Location:

Latitude:
Longitude:

State:
County:
Responsible Official:
SIC Code:
ICIS Identification Number:
EPA Facility Registry ID:
Other Clean Air Act Permits

Red Cedar Gathering Company
South Ignacio Central Delivery Point
Section 32, T33N R7W
37.053917° N
-107.625222°W
Colorado
La Plata
President and Chief Operating Officer
4922
110056280448
08-067-U0033
SMNSR-SU-000031-2019.004

Process Description:
The South Ignacio Central Delivery Point (CDP) is owned by Red Cedar Gathering Company.
The facility is located within the exterior boundaries of the Southern Ute Indian Reservation in
Section 32, Township 33 North, Range 7 West in La Plata County, Colorado.
The facility is comprised of equipment that dehydrates and compresses coal-bed methane gas from
several wells to transmission pipeline specifications. Gas entering the facility from the field is
first fed to an inlet separator that gravimetrically removes water that may have formed / condensed
during transportation from the supplying gas wells. Separator overhead gas is fed to one of the
eight compressor engines from a common suction header. The compressors discharge gas to a
common discharge header that feeds to scrubbers. The scrubbers separate and collect liquids that
may have formed during compression. The compressed gas is then fed to two dehydration units.
Tri-ethylene glycol is circulated counter-currently and absorbs water from the saturated gas. Rich
glycol is circulated to a reboiler, where moisture is driven to the atmosphere by heating the glycol.
Dry gas exits the contactors and is directed to the sales line, where it is metered and exits the
facility. The gas processing capacity of the facility is approximately 70 MMscfd with eight
compressor engines operating.

1

Process equipment installed at the facility consists of eight natural gas-fired reciprocating engines,
two Triethylene glycol dehydration units equipped with reboiler burners. There are several
insignificant emission units at this facility including various tanks and heaters.
Source Emission Points

Emission
Unit ID

Table 1 - Emission Units
Control
Equipment

Description
Waukesha L7044GSI (4SRB SI) Natural Gas-Fired Compressor Engine
1,680 Nameplate Rated HP

E1

Serial No.

C-62071/1

Install Date:

7/14/2020

NSCR Catalyst
and AFRC

Waukesha L7042GL (4SLB SI) Natural Gas-Fired Compressor Engine
1,480 Nameplate Rated HP
E2

Serial No.

C-12215/4

Install Date:

8/15/2018

E3

Serial No.

403301

Install Date:

10/8/2008

E4

Serial No.

C-12097/1

Install Date:

3/10/2008

AFRC

Waukesha L5794LT (4SLB SI) Natural Gas-Fired Compressor Engine
1,447 Nameplate Rated HP
E5

Serial No.

C-15962/1

Install Date:

5/6/2019

E6

Serial No.

C-16161/1

Install Date:

9/15/2016

E7

Serial No.

C-15838/1

Install Date:

3/21/2018

E8

Serial No.

C-15963/1

Install Date:

4/22/2020

2

Oxidation
Catalyst and
AFRC

Table 2 - Insignificant Emission Units
Emission Unit ID

Amount

Description

Size

Units

D1
D2
TK-501 → 502
TK-503
TK-504 → 511
TK-512 → 519
TK-520
TK-521 → 522
RB1
RB2
H-101 → 102
H-103
FUG

1
1
2
1
8
8
1
2
1
1
2
1
N/A

TEG Dehydrator
TEG Dehydrator
Used Oil Tanks
Dehydrator Still Vent Drain Tank
Lube Oil Storage Tanks
Used Oil Storage Tanks
Ethylene Glycol Storage Tank
TEG Storage Tanks
TEG Dehydrator Reboiler Heater (D1)
TEG Dehydrator Reboiler Heater (D2)
Used Oil Storage Tank Heaters
Catalytic Heater
Fugitive Emissions

30
40
500
95
500
500
500
500
1.75
0.75
0.325
0.008
N/A

MMscfd
MMscfd
bbl
bbl
gal
gal
gal
gal
MMBtu/hr
MMBtu/hr
MMBtu/hr
MMBtu/hr
N/A

Section II – General Requirements
Title V Administrative Requirements
1.1. Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118]
1.1.1. An annual operating permit emission fee shall be paid to the Tribe by the permittee.
[RAC 2-118(2)]
1.1.2. The permittee shall pay the annual permit fee each year no later than April 1st for
the preceding calendar year.
[RAC 2-118(2)]
1.1.3. Fee payments shall be remitted in the form of a money order, bank draft, certified
check, corporate check, or electronic funds transfer payable to the Southern Ute
Indian Tribe and sent or delivered by the United States Postal Service c/o
Environmental Programs Division 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 Division Part 70 Program, 398 Ouray Drive, Ignacio, Colorado 81137.
[RAC 2-118(4)(a)]

3

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) of this code times the total tons
of actual emissions for each fee pollutant. In lieu of actual emissions, annual
fees may be calculated based on the potential to emit for each fee pollutant.
Emissions of any regulated air pollutant that already are included in the fee
calculation under a category of regulated pollutant, such as a federally listed
hazardous air pollutant that is already accounted for as a VOC or as PM10,
shall be counted only once in determining the source’s actual emissions.
[RAC 2-119(2)(a)]

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, inplace control equipment, and types of materials processed, stored,
or combusted during the preceding calendar year or other period
used for this calculation.
[RAC 1-103(2)]

1.1.5.1.2.

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)]

4

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 AQP 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)]

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
5

permit conditions constitutes a violation of the RAC and Clean Air Act and
is grounds for enforcement action; for permit termination, revocation and
reissuance, or revision; or for denial of a permit renewal application.
[RAC 2-110(3)(a)]
1.2.1.2.

It shall not be a defense for a permittee in an enforcement action that it
would have been necessary to halt or reduce the permitted activity in order
to maintain compliance with the conditions of this permit.
[RAC 2-110(3)(b)]

1.2.1.3.

All terms and conditions of this permit which are required under the Clean
Air Act or under any of its applicable requirements, including any
provisions designed to limit a source’s potential to emit, are enforceable by
the Administrator and citizens under the Clean Air Act, except terms and
conditions the permit specifically designates as not being federally
enforceable under the Clean Air Act that are not required under the Clean
Air Act or under any of its applicable requirements. Terms and conditions
so designated are not subject to the requirements of RAC §§ 2-108, 2-111,
2-112, other than those contained in this paragraph.
[RAC 2-110(3)(f)]

1.2.1.4.

This permit, or the filing or approval of a compliance plan, does not relieve
any person from civil or criminal liability for failure to comply with the
provisions of the RAC and the Clean Air Act, applicable regulations
thereunder, and any other applicable law or regulation.
[RAC 2-110(3)(g)]

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
6

status with all permit terms and conditions and all applicable requirements
relevant to the source, including those related to emission limitations,
standards, or work practices. The compliance certification shall be certified
as to truth, accuracy, and completeness by a responsible official consistent
with RAC § 2-110(9)(a). The certification of compliance shall be submitted
annually by April 1st and shall cover the preceding calendar year in which
the certification of compliance is due, except that the first annual
certification of compliance will cover the period from the issuance date of
this permit through December 31st of the same year.
[RAC 2-110(9)(c)]
1.2.3. Compliance Schedule
1.2.3.1.

For applicable requirements with which the source is in compliance, the
source will continue to comply with such requirements.
[RAC 2-106(4)(l)(ii)]

1.2.3.2.

For applicable requirements that will become effective during the permit
term, the source shall meet such requirements on a timely basis.
[RAC 2-106(4)(l)(iii)]

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

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
AQP’s website (http://www.southernute-nsn.gov/environmental-programs/air-quality).]
1.4.2. Except where otherwise noted, any documents required to be submitted under this
permit, including reports, test data, monitoring data, notifications, compliance
certifications, fee calculation worksheets, and applications for renewals and permit
modifications shall be submitted:
by email at: airquality@southernute-nsn.gov
or by United States Postal Service:
Part 70 Program
Environmental Programs Division
Air Quality Program
P.O. Box 737 MS #84
Ignacio, Colorado 81137

or by Common Carrier:
Part 70 Program
Environmental Programs Division
Air Quality Program
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)]

8

1.6.2. The filing by the permittee of a request for a permit revision, reissuance, or
termination, or of a notification of planned changes or anticipated noncompliance
shall not stay any permit condition.
[RAC 2-110(3)(d)]
1.7. Administrative Permit Revision [RAC 2-111(2)]
1.7.1. The permittee may submit an application for an administrative permit revision as
defined in RAC § 1-103.
[RAC 2-111(2)(a)]
1.7.2. The permittee may implement an administrative permit revision immediately upon
submittal of the request for the administrative revision.
[RAC 2-111(2)(c)]
[Note to permittee: If the provisions allowing for an administrative permit revision do not apply,
please contact the Air Quality Program 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

9

1.8.2.5.

If the requested permit revision would affect existing compliance plans or
schedules, related progress reports, or certification of compliance
requirements, and an outline of such effects.
[RAC 2-111(3)(a)]

1.8.3. The permittee shall not submit multiple minor permit revision applications that may
conceal a larger revision that would not constitute a minor permit revision.
[RAC 2-111(3)(b)]
1.8.4. The permittee may make the change proposed in its minor permit revision
application immediately after it files such application, provided, however, for
sources that have previously utilized this provision during the term of the permit
and, on two or more occasions have failed to file a complete application, may
thereafter make the change only after the application is deemed complete. After
the permittee makes the change and until the Tribe takes any of the actions specified
in the following subsection, the permittee must comply with both the applicable
requirements governing the change and the proposed permit terms and conditions.
During this period, the permittee need not comply with the existing permit terms
and conditions it seeks to modify. If the permittee fails to comply with its proposed
permit terms and conditions during this period, however, the existing permit terms
and conditions it seeks to modify may be enforced against it.
[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)]

10

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);

1.10.1.2.

Additional requirements (including excess emissions requirements) become
applicable to an affected source under the acid rain program. Upon approval
by the Administrator, excess emissions offset plans shall be deemed to be
incorporated into the permit;

1.10.1.3.

The Tribe or the Administrator determines that the permit contains a
material mistake or that inaccurate statements were made in establishing the
terms or conditions of the permit; or

1.10.1.4.

The Tribe or the Administrator determines that the permit must be revised
or revoked and reissued to assure compliance with applicable requirements.

1.10.2. The permit may be terminated for any of the reasons listed below:
1.10.2.1.

The permittee fails to meet the requirements of an approved compliance
plan;

1.10.2.2.

The permittee has been in significant or repetitious noncompliance with the
operating permit terms or conditions;

1.10.2.3.

The permittee has exhibited a history of willful disregard for environmental
laws of any tribal or state authority, or of the United States;

11

1.11.

1.10.2.4.

The permittee has knowingly misrepresented a material fact in any
application, record, report, plan, or other document filed or required to be
maintained under the permit;

1.10.2.5.

The permittee falsifies, tampers with, or renders inaccurate any monitoring
device or method required to be maintained under the permit;

1.10.2.6.

The permittee fails to pay fees required under RAC§§ 2-118 and 2-119; or

1.10.2.7.

The Administrator has found that cause exists to terminate the permit.

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

This permit does not convey any property rights of any sort, or any exclusive privilege.
1.12.

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

Upon presentation of credentials and other documents as may be required by law, the
permittee shall allow authorized representatives of the Tribe or other authorized
representative to perform the following:
1.12.1. Enter upon the permittee’s premises where a source is located or 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.

Emergency Situations [RAC 2-117]

1.13.1. The permittee may seek to establish that noncompliance with a technology-based
emission limitation under this permit was due to an emergency as defined in RAC
§ 1-103. To do so, the permittee shall demonstrate the affirmative defense of
12

emergency through properly signed, contemporaneous operating logs, or other
relevant evidence that:
1.13.1.1.

An emergency occurred and that the permittee can identify the cause(s) of
the emergency;

1.13.1.2.

The permitted facility was at the time being properly operated;

1.13.1.3.

During the period of the emergency the permittee took all reasonable steps
to minimize levels of emissions that exceeded the emissions standards, or
other requirements in this permit; and

1.13.1.4.

The permittee reported the emergency to the Tribe in compliance with RAC
§ 2-110(7).
[RAC 2-117(1)]

1.13.2. In any enforcement preceding the permittee attempting to establish the occurrence
of an emergency has the burden of proof.
[RAC 2-117(2)]
1.13.3. This emergency situation provision is in addition to any emergency or upset
provision contained in any applicable requirement.
[RAC 2-117(3)]
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:
13

1.15.1.1.

Each such change meets all applicable requirements and shall not violate
any existing permit term or condition;

1.15.1.2.

Such changes are not subject to any requirements under title IV of the Clean
Air Act and are not modifications under title I of the Clean Air Act;

1.15.1.3.

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

1.15.1.4.

The permittee provides contemporaneous written notice to the Tribe and the
Administrator of each such change, except for changes that qualify as
insignificant activities. Such notice shall state when the change occurred
and shall describe the change, any resulting emissions change, pollutants
emitted, and any applicable requirement that would apply as a result of the
change.
[RAC 2-116(2)(a)]

1.15.2. The permit shield does not apply to changes made under this provision.
[RAC 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)]
14

1.16.3. If the permittee submits a timely and complete permit application for renewal,
consistent with RAC § 2-106 but the Tribe has failed to issue or disapprove a
renewal permit before the end of the permit term, then the permit shall not expire
and all its terms and conditions shall remain in effect until the renewal permit has
been issued or disapproved.
[RAC 2-104(2)(b)]
1.16.4. The ability to operate under this permit shall cease if (1) the Tribe takes final action
to issue the permittee a renewal permit or deny the permittee a permit or (2) the
permittee fails to submit by the deadline specified in writing by the Tribe any
additional information identified as being needed to process the application.
[RAC 2-104(3)]
1.16.5. Renewal of this permit is subject to the same procedures, including those for public
participation and affected program and EPA review, as those that apply to initial
permit issuance.
[RAC 2-107(7)(a)]
1.16.6. The application for renewal shall include the current permit number, description of
permit revisions and off permit changes that occurred during the permit term, any
applicable requirements that were promulgated and not incorporated into the permit
during the permit term, and other information required by the application form.
[RAC 2-106(4)(e)(ix)]
Facility-Wide Requirements
Conditions in this section of the permit apply to all emissions units located at the facility, including
any units not specifically listed in Table 1 or Table 2 of the Source Emission Points section of this
permit.
[RAC 2-110(1)(d)]
2.1. General Recordkeeping Requirements [RAC 2-110(6)]
The permittee shall comply with the following generally applicable recordkeeping
requirements:
2.1.1. If the permittee determines that his or her stationary source that emits (or has the
potential to emit, without federally recognized controls) one or more hazardous 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
15

of these records shall be made available to the Tribe upon request. The record of
the applicability determination shall include an analysis (or other information) that
demonstrates why the permittee believes the source is unaffected (e.g., because the
source is an area source).
[40 CFR 63.10(b)(3)]
2.1.2. Records shall be kept of off permit changes made, as required by the Off Permit
Changes section of this permit.
2.2. General Reporting Requirements
2.2.1. The permittee shall submit to the Tribe all reports of any required monitoring under
this permit semiannually, by April 1 and October 1 of each year. The report due on
April 1 shall cover the July 1 - December 31 reporting period of the previous
calendar year. The report due on October 1 shall cover the January 1 - June 30
reporting period of the current calendar year. All instances of deviations from
permit requirements shall be clearly identified in such reports. All required reports
shall be certified by a responsible official consistent with the Submissions section
of this permit.
[RAC 2-110(7)(a)]
2.2.2. “Deviation” means any situation in which an emissions unit fails to meet a permit
term or condition. A deviation is not always a violation. A deviation can be
determined by observation or through review of data obtained from any testing,
monitoring, or recordkeeping established in accordance with RAC 2-110(5) and
(6). For a situation lasting more than 24 hours which constitutes a deviation, each
24 hour period is considered a separate deviation. Included in the meaning of
deviation are any of the following:
2.2.2.1.

A situation where emissions exceed an emission limitation or standard;

2.2.2.2.

A situation where process or emissions control device parameter values
indicate that an emission limitation or standard has not been met; or

2.2.2.3.

A situation in which observations or data collected demonstrate
noncompliance with an emission limitation or standard or any work practice
or operating condition required by the permit.

16

2.2.2.4.

A situation in which an exceedance or an excursion, as defined in 40 CFR
Part 64 occurs.
[RAC 1-103(21)]

2.2.3. The permittee shall promptly report to the Tribe deviations from permit
requirements, (including emergencies), including the date, time, duration, and the
probable cause of such deviations, the quantity and pollutant type of excess
emissions resulting from the deviation, and any preventative, mitigation, or
corrective actions or measures taken. Prompt deviation reports shall be submitted
to the following email address: airquality@southernute-nsn.gov
2.2.4.

“Prompt” is defined as follows:

2.2.4.1.

Where the underlying applicable requirement contains a definition of
“prompt” or otherwise specifies a time frame for reporting deviations, that
definition or time frame shall govern.

2.2.4.2.

Where the underlying applicable requirement fails to address the time frame
for reporting deviations, reports of deviations will be submitted based on
the following schedule:

2.2.4.2.1.

For emissions of a hazardous air pollutant or a toxic air pollutant (as
identified in the applicable regulation) that continue for more than
an hour in excess of permit requirements, the report must be made
by email, telephone, verbal, or facsimile communication by the
close of business the next working day, upon discovery of the
occurrence, and in writing within 10 working days from the
occurrence;

2.2.4.2.2.

For emissions of any regulated air pollutant, excluding those listed
in RAC § 2-110(7)(b)(i), that continue for more than 2 hours in
excess of permit requirements, the report must be made by email,
telephone, verbal, or facsimile communication by the close of
business the next working day, upon discovery of the occurrence,
and in writing within 10 working days from the occurrence;

2.2.4.2.3.

For all other deviations from permit requirements, the report shall
be contained in the report submitted with the semi-annual
monitoring report.
[RAC 2-110(7)(b)]
17

2.3. Alternative Operating Scenarios [RAC 2-110(8)]
2.3.1. Replacement of an existing engine or turbine identified in this permit shall be
allowed as an off-permit change pursuant to the Off Permit Changes provisions of
this permit provided all of the following conditions are met:
2.3.1.1.

The engine or turbine replacement is not subject to any requirements under
Title IV of the Clean Air Act and is not a modification under Title I of the
Clean Air Act;

2.3.1.2.

The replacement engine or turbine is of the same make, model, horsepower
rating, and configured to operate in the same manner as the engine 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;
18

2.3.1.4.5.

Standards of Performance for Stationary Combustion Turbines at 40
CFR Part 60, Subpart KKKK;

2.3.1.4.6.

National Emission Standard for Hazardous Air Pollutants for
Stationary Combustion Turbines at 40 CFR Part 63, Subpart YYYY;

2.3.1.4.7.

Requirements established in a permit or permits issued pursuant to
the Federal Minor New Source Review Program in Indian Country
at 40 CFR Part 49;

2.3.1.4.8.

Requirements established in a permit or permits issued pursuant to
the Prevention of Significant Deterioration of Air Quality Program
at 40 CFR Part 52; or

2.3.1.4.9.

Requirements established in any promulgated Federal
Implementation Plan that may apply to engines located on the
Southern Ute Indian Reservation.

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
19

documented, last no more than 30 minutes in duration, and will be reported
as excess emission events.
2.4. Permit Shield [RAC 2-110(10)(c)]
Nothing in this permit shall alter or affect the following:
2.4.1. The provisions of Section 303 of the Clean Air Act, 42 U.S.C. § 7603 concerning
emergency powers, including the respective authorities of the Administrator under
those sections;
2.4.2. The liability of a permittee for any violation of applicable requirements prior to or
at the time of permit issuance;
2.4.3. The applicable requirements of the acid rain program consistent with section 408(a)
of the Act; or
2.4.4. The ability of the Administrator respectively to obtain information from a source
pursuant to Section 114 of the Clean Air Act, 42 U.S.C. § 7414.
2.5. Stratospheric Ozone and Climate Protection [40 CFR Part 82]
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.

20

Section III – Site Specific Permit Terms
Reserved - New Source Performance Standards (NSPS) and 40 CFR Part 60
National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR Part
63
2.1. 40 CFR Part 63, Subpart HH - National Emission Standards for Hazardous Air
Pollutants from Oil and Natural Gas Production Facilities [40 CFR §63.760 – 63.774
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. This analysis must be
used to determine the actual average benzene emissions annually, as determined in
accordance with §63.772(b)(2)(i).
[RAC 2-110(5)(b)]
2.1.1. The permittee must conduct an annual source determination using the gas analysis
outlined in the paragraph above. The source determination shall be made using the
procedure outlined in §63.760(a)(1).
[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 fourstroke rich burn (4SRB) and 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.
21

2.2.1.

Affected Sources

2.2.1.1.

40 CFR Part 63, Subpart ZZZZ applies to the following emission units:
E1 – Waukesha L7044GSI (4SRB SI) Natural Gas-Fired Compressor
Engine, 1,680 Site Rated HP
E5 – Waukesha L5794LT (4SLB SI) Natural Gas-Fired Compressor
Engine, 1,401 Site Rated HP
E6 – Waukesha L5794LT (4SLB SI) Natural Gas-Fired Compressor
Engine, 1,401 Site Rated HP
E7 – Waukesha L5794LT (4SLB SI) Natural Gas-Fired Compressor
Engine, 1,401 Site Rated HP
E8 – Waukesha L5794LT (4SLB SI) Natural Gas-Fired Compressor
Engine, 1, 401 Site Rated HP

2.2.2.

Emission and Operating Limitations
Compliance with the numerical emission limitations established in this subpart is
based on the results of testing the average of three 1-hour runs using the testing
requirements and procedures in §63.6620 and Table 4 to this subpart.

2.2.2.1.

For emission unit E1, you must comply with the emission limitations in
Table 1a to this subpart and the operating limitations in Table 1b to this
subpart which apply to you.
[40 CFR 63.6600(a)]

22

Table 1a to Subpart ZZZZ of Part 63—Emission Limitations for New Spark Ignition, 4SRB Stationary
RICE >500 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 at 100 percent load
plus or minus 10 percent for new 4SRB stationary RICE >500 HP located at a major source of HAP emissions:
For each
. . .

You must meet the following
emission limitation, except during
periods of startup . . .

During periods of startup you must . . .

1. 4SRB
stationary
RICE

a. Reduce formaldehyde emissions Minimize the engine's time spent at idle and minimize the
by 76 percent or more. or
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
b. Limit the concentration of
formaldehyde in the stationary
RICE exhaust to 350 ppbvd or less
at 15 percent O2
1
Sources can petition the Administrator pursuant to the requirements of 40 CFR 63.6(g) for alternative work practices.
Table 1b to Subpart ZZZZ of Part 63—Operating Limitations for New SI 4SRB Stationary RICE >500 HP
Located at a Major Source of HAP Emissions
As stated in §§63.6600, 63.6603, 63.6630 and 63.6640, you must comply with the following operating limitations
for new 4SRB stationary RICE >500 HP located at a major source of HAP emissions:
You must meet the following operating limitation,
except during periods of startup . . .

For each . . .
1. New 4SRB stationary RICE >500 HP located at a
major source of HAP emissions complying with the
requirement to reduce formaldehyde emissions by 76
percent or more and using NSCR; or

a. maintain your catalyst so that the pressure drop across
the catalyst does not change by more than 2 inches of
water at 100 percent load plus or minus 10 percent from
the pressure drop across the catalyst measured during the
initial performance test; and

new 4SRB stationary RICE >500 HP located at a major
source of HAP emissions complying with the
b. maintain the temperature of your stationary RICE
requirement to limit the concentration of formaldehyde exhaust so that the catalyst inlet temperature is greater
in the stationary RICE exhaust to 350 ppbvd or less at 15 than or equal to 750 °F and less than or equal to 1250 °F.1
percent O2 and using NSCR;
1
Sources can petition the Administrator pursuant to the requirements of 40 CFR 63.8(f) for a different temperature
range.

2.2.2.2.

For emission units E5, E6, E7, and E8, you must comply with the emission
limitations in Table 2a to this subpart and the operating limitations in Table
2b to this subpart which apply to you.
[40 CFR 63.6600(b)]

23

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 lean burn
stationary RICE at 100 percent load plus or minus 10 percent:
For each
. . .
2. 4SLB
stationary
RICE

You must meet the following emission limitation,
except during periods of startup . . .

During periods of startup you must . . .

a. Reduce CO emissions by 93 percent or more

Minimize the engine's time spent at idle and
minimize the engine's startup time at startup
to a period needed for appropriate and safe
loading of the engine, not to exceed 30
minutes, after which time the non-startup
emission limitations apply.1
1
Sources can petition the Administrator pursuant to the requirements of 40 CFR 63.6(g) for alternative work practices.
Table 2b to Subpart ZZZZ of Part 63—Operating Limitations for New 4SLB Stationary RICE ≥250 HP
Located at a Major Source of HAP Emissions
As stated in §§63.6600, 63.6601, 63.6603, 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 . . .
1. New 4SLB stationary RICE ≥250 HP
located at a major source of HAP emissions
complying with the requirement to reduce
CO emissions and using an oxidation catalyst

a. maintain your catalyst so that the pressure drop across the
catalyst does not change by more than 2 inches of water at 100
percent load plus or minus 10 percent from the pressure drop
across the catalyst 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.

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.
[40 CFR 63.6605(a)]

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
24

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(b)]
2.2.4.

Testing and Initial Compliance Requirements

2.2.4.1.

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).
[40 CFR 63.6610(a)]

Table 4 to Subpart ZZZZ of Part 63—Requirements for Performance Tests
As stated in §§63.6610, 63.6611, 63.6620, and 63.6640, you must comply with the following requirements for
performance tests for stationary RICE:
Complying with
the
For each requirement to
. . .
. . .
1. 4SLB a. reduce CO
stationary emissions
RICE

You must . . .

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 halfdiameter 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 (b) Measurements to determine
the inlet and outlet of 3B of 40 CFR part 60, O2 must be made at the same time as
the control device; and appendix A-2, or ASTM the measurements for CO
Method D6522-00
concentration.

25

(Reapproved 2005)a
c
(heated probe not
necessary)
iii. Measure the CO at (1) ASTM D6522-00
(c) The CO concentration must be at
the inlet and the outlet (Reapproved 2005)a b
15 percent O2, dry basis.
c
of the control device
(heated probe not
necessary) or Method 10
of 40 CFR part 60,
appendix A-4
2. 4SRB a. reduce
stationary formaldehyde
RICE
emissions

i. Select the sampling
port location and the
number/location of
traverse points at the
inlet and outlet of the
control device; and

(a) For formaldehyde, O2, and
moisture measurement, ducts ≤6
inches in diameter may be sampled
at a single point located at the duct
centroid and ducts >6 and ≤12
inches in diameter may be sampled
at 3 traverse points located at 16.7,
50.0, and 83.3% of the measurement
line (`3-point long line'). If the duct
is >12 inches in diameter and the
sampling port location meets the
two and half-diameter criterion of
Section 11.1.1 of Method 1 of 40
CFR part 60, appendix A, the duct
may be sampled at `3-point long
line'; otherwise, conduct the
stratification testing and select
sampling points according to
Section 8.1.2 of Method 7E of 40
CFR part 60, appendix A.

ii. Measure O2 at the
inlet and outlet of the
control device; and

(1) Method 3 or 3A or (a) Measurements to determine
3B of 40 CFR part 60, O2 concentration must be made at
appendix A-2, or ASTM the same time as the measurements
Method D6522-00
for formaldehyde.
(Reapproved
2005)a (heated probe not
necessary)

iii. Measure moisture (1) Method 4 of 40 CFR (a) Measurements to determine
content at the inlet and part 60, appendix A-3, or moisture content must be made at
outlet of the control
Method 320 of 40 CFR the same time and location as the
device; and
part 63, appendix A, or measurements for formaldehyde or.
ASTM D 6348-03a
iv. If demonstrating
(1) Method 320 or 323 of (a) Formaldehyde concentration
compliance with the
40 CFR part 63,
must be at 15 percent O2, dry basis.
formaldehyde percent appendix A; or ASTM Results of this test consist of the
reduction requirement, D6348-03a, provided in average of the three 1-hour or longer
measure formaldehyde ASTM D6348-03 Annex runs.
at the inlet and the
A5 (Analyte Spiking
outlet of the control
Technique), the percent
device
R must be greater than or
equal to 70 and less than
or equal to 130

26

3.
a. limit the
i. Select the sampling
Stationary concentration of port location and the
RICE
formaldehyde or number/location of
CO in the
traverse points at the
stationary RICE exhaust of the
exhaust
stationary RICE; and

(a) For formaldehyde, CO, O2, and
moisture measurement, ducts ≤6
inches in diameter may be sampled
at a single point located at the duct
centroid and ducts >6 and ≤12
inches in diameter may be sampled
at 3 traverse points located at 16.7,
50.0, and 83.3% of the measurement
line (`3-point long line'). If the duct
is >12 inches in diameter and the
sampling port location meets the
two and half-diameter criterion of
Section 11.1.1 of Method 1 of 40
CFR part 60, appendix A, the duct
may be sampled at `3-point long
line'; otherwise, conduct the
stratification testing and select
sampling points according to
Section 8.1.2 of Method 7E of 40
CFR part 60, appendix A. If using a
control device, the sampling site
must be located at the outlet of the
control device.

ii. Determine the
(1) Method 3 or 3A or (a) Measurements to determine
O2 concentration of the 3B of 40 CFR part 60, O2 concentration must be made at
stationary RICE
appendix A-2, or ASTM the same time and location as the
exhaust at the sampling Method D6522-00
measurements for formaldehyde or
port location; and
(Reapproved
CO concentration.
2005)a (heated probe not
necessary)
iii. Measure moisture (1) Method 4 of 40 CFR (a) Measurements to determine
content of the
part 60, appendix A-3, or moisture content must be made at
stationary RICE
Method 320 of 40 CFR the same time and location as the
exhaust at the sampling part 63, appendix A, or measurements for formaldehyde or
port location; and
ASTM D 6348-03a
CO concentration.
iv. Measure
formaldehyde at the
exhaust of the
stationary RICE; or

(1) Method 320 or 323 of (a) Formaldehyde concentration
40 CFR part 63,
must be at 15 percent O2, dry basis.
appendix A; or ASTM Results of this test consist of the
D6348-03a, provided in average of the three 1-hour or longer
ASTM D6348-03 Annex runs.
A5 (Analyte Spiking
Technique), the percent
R must be greater than or
equal to 70 and less than
or equal to 130

v. Measure CO at the
exhaust of the
stationary RICE

(1) Method 10 of 40
CFR part 60, appendix
A-4, ASTM Method
D6522-00 (2005)a c,
Method 320 of 40 CFR

27

(a) CO concentration must be at 15
percent O2, dry basis. Results of this
test consist of the average of the
three 1-hour or longer runs.

part 63, appendix A, or
ASTM D6348-03a
a
You may also use Methods 3A and 10 as options to ASTM-D6522-00 (2005). You may obtain a copy of ASTMD6522-00 (2005) from at least one of the following addresses: American Society for Testing and Materials, 100 Barr
Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms International, 300 North Zeeb Road,
Ann Arbor, MI 48106.
b
You may obtain a copy of ASTM-D6348-03 from at least one of the following addresses: American Society for
Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms
International, 300 North Zeeb Road, Ann Arbor, MI 48106.

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 subparagraphs
below.
[40 CFR 63.6605(d)]

2.2.4.2.1.

The test must have been conducted using the same methods
specified in this subpart, and these methods must have been
followed correctly.
[40 CFR 63.6605(d)(1)]

2.2.4.2.2.

The test must not be older than 2 years.

2.2.4.2.3.

The test must be reviewed and accepted by the Administrator.
[40 CFR 63.6605(d)(3)]

2.2.4.2.4.

Either no process or equipment changes must have been made since
the test was performed, or the owner or operator must be able to
demonstrate that the results of the performance test, with or without
adjustments, reliably demonstrate compliance despite process or
equipment changes.
[40 CFR 63.6605(d)(4)]

2.2.4.2.5.

The test must be conducted at any load condition within plus or
minus 10 percent of 100 percent load.
[40 CFR 63.6610(d)(5)]

2.2.4.3.

[40 CFR 63.6605(d)(2)]

You must conduct subsequent performance tests as specified in Table 3 of
this subpart.
[40 CFR 63.6615]

28

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:
For each . . .

Complying with the requirement to . . .

1. New 4SLB stationary RICE ≥250 Reduce CO emissions and not using a
HP located at major sources
CEMS

You must . . .
Conduct subsequent performance
tests semiannually.1

3. Stationary RICE >500 HP located Limit the concentration of formaldehyde Conduct subsequent performance
at major sources
in the stationary RICE exhaust
tests 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 or formaldehyde emission limitation, or you deviate from any of your operating
limitations, you must resume semiannual performance tests.

2.2.4.3.1.

For semiannual 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.
[ RAC 2-110(5)]

2.2.4.3.2.

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.
[ RAC 2-110(5)]

2.2.4.4.

You must conduct each performance test in Tables 3 and 4 of this subpart
that applies to you.
[40 CFR 63.6620(a)]

2.2.4.5.

Each performance test must be conducted according to the requirements that
this subpart specifies in Table 4 to this subpart. If you own or operate a 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.
[40 CFR 63.6620(b)]

29

2.2.4.6.

You must conduct three separate test runs for each performance test
required in this section, as specified in §63.7(e)(3). Each test run must last
at least 1 hour, unless otherwise specified in this subpart.
[40 CFR 63.6620(d)]

2.2.4.7.

You must use Equation 1 of this section to determine compliance with the
percent reduction requirement:
𝐶𝐶𝑖𝑖 − 𝐶𝐶𝑜𝑜
× 100 = 𝑅𝑅 (𝐸𝐸𝐸𝐸. 1)
𝐶𝐶𝑖𝑖

Where:

Ci = concentration of carbon monoxide (CO) or formaldehyde at the
control device inlet,
Co = concentration of CO or formaldehyde at the control device outlet,
and
R = percent reduction of CO or formaldehyde emissions.
[40 CFR 63.6620(e)(1)]
2.2.4.8.

You must normalize the CO or formaldehyde concentrations at the inlet and
outlet of the control device to a dry basis and to 15 percent oxygen, or an
equivalent percent carbon dioxide (CO2). If pollutant concentrations are to
be corrected to 15 percent oxygen and CO2 concentration is measured in
lieu of oxygen concentration measurement, a CO2 correction factor is
needed. Calculate the CO2 correction factor as described in the
subparagraphs below.
[40 CFR 63.6620(e)(2)]

2.2.4.8.1.

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:
𝐹𝐹𝑜𝑜 =

Where:

0.209𝐹𝐹𝑑𝑑
(𝐸𝐸𝐸𝐸. 2)
𝐹𝐹𝑐𝑐

Fo = Fuel factor based on the ratio of oxygen volume to the ultimate
CO2 volume produced by the fuel at zero percent excess air.
30

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)
[40 CFR 63.6620(e)(2)(i)]
2.2.4.8.2.

Calculate the CO2 correction factor for correcting measurement
data to 15 percent O2, as follows:
𝑥𝑥𝐶𝐶𝐶𝐶2 =

5.9
𝐹𝐹𝑜𝑜

(Eq. 3)

Where:
XCO2 = CO2 correction factor, percent.
5.9 = 20.9 percent O2—15 percent O2, the defined O2 correction
value, percent.
[40 CFR 63.6620(e)(2)(ii)]
2.2.4.8.3.

Calculate the CO and formaldehyde gas concentrations adjusted to
15 percent O2 using CO2 as follows:
𝐶𝐶𝑎𝑎𝑎𝑎𝑎𝑎 = 𝐶𝐶𝑑𝑑
Where:

𝑋𝑋𝐶𝐶𝐶𝐶2
(𝐸𝐸𝐸𝐸. 4)
%𝐶𝐶𝐶𝐶2

Cadj = Calculated concentration of CO or formaldehyde adjusted to
15 percent O2.
Cd = Measured concentration of CO or formaldehyde, uncorrected.
XCO2 = CO2 correction factor, percent.
%CO2 = Measured CO2 concentration measured, dry basis, percent.
[40 CFR 63.6620(e)(2)(iii)]
31

2.2.4.9.

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(i)]

2.2.4.10.

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.
[40 CFR 63.6625(b)]

2.2.4.10.1.

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
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
subparagraphs in your site-specific monitoring plan.
[40 CFR 63.6625(b)(1)]

2.2.4.10.1.1.

The performance criteria and design specifications for the
monitoring system equipment, including the sample
interface, detector signal analyzer, and data acquisition and
calculations;
[40 CFR 63.6625(b)(1)(i)]

2.2.4.10.1.2.

Sampling interface (e.g., thermocouple) location such that
the monitoring system will provide representative
measurements;
[40 CFR 63.6625(b)(1)(ii)]
32

2.2.4.10.1.3.

Equipment performance evaluations, system accuracy
audits, or other audit procedures;
[40 CFR 63.6625(b)(1)(iii)]

2.2.4.10.1.4.

Ongoing operation and maintenance procedures in
accordance with provisions in §63.8(c)(1)(ii) and (c)(3); and
[40 CFR 63.6625(b)(1)(iv)]

2.2.4.10.1.5.

Ongoing reporting and recordkeeping procedures in
accordance with provisions in §63.10(c), (e)(1), and
(e)(2)(i).
[40 CFR 63.6625(b)(1)(v)]

2.2.4.10.2.

You must install, operate, and maintain each CPMS in continuous
operation according to the procedures in your site-specific
monitoring plan.
[40 CFR 63.6625(b)(2)]

2.2.4.10.3.

The CPMS must collect data at least once every 15 minutes (see also
§63.6635).
[40 CFR 63.6625(b)(3)]

2.2.4.10.4.

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.
[40 CFR 63.6625(b)(4)]

2.2.4.10.5.

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.
[40 CFR 63.6625(b)(5)]

2.2.4.10.6.

You must conduct a performance evaluation of each CPMS in
accordance with your site-specific monitoring plan.
[40 CFR 63.6625(b)(6)]

33

2.2.4.11.

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 Tables 1a
and 2a to this subpart apply.
[40 CFR 63.6625(h)]

2.2.4.12.

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.
[40 CFR 63.6630(a)]

Table 5 to Subpart ZZZZ of Part 63—Initial Compliance With Emission Limitations, Operating Limitations, and
Other Requirements
As stated in §§63.6612, 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
i. The average reduction of emissions of CO determined from the initial
4SLB stationary RICE emissions and using performance test achieves the required CO percent reduction; and
≥250 HP located at a oxidation catalyst, ii. You have installed a CPMS to continuously monitor catalyst inlet
major source of HAP and using a CPMS 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.
7. Non-emergency
a. Reduce
i. The average reduction of emissions of formaldehyde determined from the
4SRB stationary RICE formaldehyde
initial performance test is equal to or greater than the required formaldehyde
>500 HP located at a emissions and using percent reduction, or the average reduction of emissions of THC determined
major source of HAP NSCR
from the initial performance test is equal to or greater than 30 percent; and
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.
9. New nonemergency stationary
RICE >500 HP
located at a major
source of HAP

a. Limit the
i. The average formaldehyde concentration, corrected to 15 percent O2, dry
concentration of
basis, from the three test runs is less than or equal to the formaldehyde
formaldehyde in the emission limitation; and
stationary RICE
ii. You have installed a CPMS to continuously monitor catalyst inlet
exhaust and using temperature according to the requirements in §63.6625(b); and
oxidation catalyst or
iii. You have recorded the catalyst pressure drop and catalyst inlet
NSCR
temperature during the initial performance test.

2.2.4.13.

During the initial performance test, you must establish each operating
limitation in Tables 1b and 2b of this subpart that applies to you.
[40 CFR 63.6630(b)]
34

2.2.4.14.

You must submit the Notification of Compliance Status containing the
results of the initial compliance demonstration according to the
requirements in §63.6645.
[40 CFR 63.6630(c)]

2.2.4.15.

Non-emergency 4SRB stationary RICE complying with the requirement to
reduce formaldehyde emissions by 76 percent or more can demonstrate
initial compliance with the formaldehyde emission limit by testing for THC
instead of formaldehyde. The testing must be conducted according to the
requirements in Table 4 of this subpart. The average reduction of emissions
of THC determined from the performance test must be equal to or greater
than 30 percent.
[40 CFR 63.6630(d)]

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.
[40 CFR 63.6635(a)]

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.
[40 CFR 63.6635(b)]

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(c)]

2.2.5.4.

You must demonstrate continuous compliance with each emission
limitation, operating limitation, and other requirements in Tables 1a, 1b, 2a,
and 2b to this subpart that apply to you according to methods specified in
Table 6 to this subpart.
[40 CFR 63.6640(a)]
35

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:
For each . . .

Complying with the
requirement to . . .

You must demonstrate continuous compliance by . . .

1. New non-emergency a. Reduce CO emissions and
i. Conducting semiannual performance tests for CO to
4SLB stationary RICE using an oxidation catalyst, and demonstrate that the required CO percent reduction is
≥250 HP located at a using a CPMS
achieveda; and
major source of HAP
ii. Collecting the catalyst inlet temperature data according
to §63.6625(b); and
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.
4. Non-emergency
a. Reduce formaldehyde
4SRB stationary RICE emissions and using NSCR
>500 HP located at a
major source of HAP

i. Collecting the catalyst inlet temperature data according
to §63.6625(b); and

ii. Reducing these data to 4-hour rolling averages; and
iii. Maintaining the 4-hour rolling averages within the
operating limitations for the catalyst inlet temperature; and
iv. 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.
7. New non-emergency a. Limit the concentration of
stationary RICE >500 formaldehyde in the stationary
HP located at a major RICE exhaust and using
source of HAP
oxidation catalyst or NSCR

i. Conducting semiannual performance tests for
formaldehyde to demonstrate that your emissions remain
at or below the formaldehyde concentration limita; and
ii. Collecting the catalyst inlet temperature data according
to §63.6625(b); and
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 or formaldehyde emission limitation, or you deviate from any of your operating
limitations, you must resume semiannual performance tests.

36

2.2.5.5.

You must report each instance in which you did not meet each emission
limitation or operating limitation in Tables 1a, 1b, 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.
[40 CFR 63.6640(b)]

2.2.5.5.1.

You must conduct the performance test within 180 days of the
catalyst change.
[RAC 2-110(5)]

2.2.5.6.

For new stationary RICE, deviations from the emission or operating
limitations that occur during the first 200 hours of operation from engine
startup (engine burn-in period) are not violations.
[40 CFR 63.6640(d)]

2.2.5.7.

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(e)]

2.2.6.

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.
[40 CFR 63.6645(a)]

2.2.6.2.

You must submit an Initial Notification not later than 120 days after you
become subject to this subpart.
[40 CFR 63.6645(c)]

2.2.6.3.

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).
[40 CFR 63.6645(g)]

37

2.2.6.4.

You must submit a Notification of Compliance Status according to
§63.9(h)(2)(ii).
[40 CFR 63.6645(h)]

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(h)(2)]

You must submit each report in Table 7 of this subpart that applies to you.
[40 CFR 63.6650(a)]
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).

2.2.6.6.

i. Semiannually according to
the requirements in
§63.6650(b).

You must submit a compliance report semiannually by April 1 and October
1 of each year. The report due on April 1 shall cover the July 1 – December
38

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.
[40 CFR 63.6650(b)(3) and (5)]
2.2.6.7.

The Compliance report must contain the information in the following
subparagraphs.
[40 CFR 63.6650(c)]

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.
[40 CFR 63.6650(c)(2)]

2.2.6.7.3.

Date of report and beginning and ending dates of the reporting
period.
[40 CFR 63.6650(c)(3)]

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.
[40 CFR 63.6650(c)(4)]

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.
[40 CFR 63.6650(c)(5)]

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.
[40 CFR 63.6650(c)(6)]
39

[40 CFR 63.6650(c)(1)]

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 twelve
subparagraphs.
[40 CFR 63.6650(e)]

2.2.6.8.1.

The date and time that each malfunction started and stopped.
[40 CFR 63.6650(e)(1)]

2.2.6.8.2.

The date, time, and duration that each CMS was inoperative, except
for zero (low-level) and high-level checks.
[40 CFR 63.6650(e)(2)]

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).
[40 CFR 63.6650(e)(3)]
The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of malfunction or
during another period.
[40 CFR 63.6650(e)(4)]

2.2.6.8.4.

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.
[40 CFR 63.6650(e)(5)]

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.
[40 CFR 63.6650(e)(6)]

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.
[40 CFR 63.6650(e)(7)]

40

2.2.6.8.8.

An identification of each parameter and pollutant (CO or
formaldehyde) that was monitored at the stationary RICE.
[40 CFR 63.6650(e)(8)]

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.
[40 CFR 63.6650(e)(11)]

2.2.6.8.12.

A description of any changes in CMS, processes, or controls since
the last reporting period.
[40 CFR 63.6650(e)(12)]

[40 CFR 63.6650(e)(9)]

[40 CFR 63.6650(e)(10)]

2.2.6.9.

You must report all deviations as defined in this subpart in the semiannual
monitoring report required by 40 CFR 70.6 (a)(3)(iii)(A). If an affected
source submits a Compliance report pursuant to Table 7 of this subpart
along with, or as part of, the semiannual monitoring report required by 40
CFR 70.6(a)(3)(iii)(A), and the Compliance report includes all required
information concerning deviations from any emission or operating
limitation in this subpart, submission of the Compliance report shall be
deemed to satisfy any obligation to report the same deviations in the
semiannual monitoring report. However, submission of a Compliance
report shall not otherwise affect any obligation the affected source may have
to report deviations from permit requirements to the permit authority.
[40 CFR 63.6650(f)]

2.2.6.10.

If you must comply with the emission and operating limitations, you must
keep the records described below.
[40 CFR 63.6655(a)]

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).
[40 CFR 63.6655(a)(1)]

41

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.
[40 CFR 63.6655(a)(2)]

2.2.6.10.3.

Records of performance tests and performance evaluations as
required in §63.10(b)(2)(viii).
[40 CFR 63.6655(a)(3)]

2.2.6.10.4.

Records of all required maintenance performed on the air pollution
control and monitoring equipment.
[40 CFR 63.6655(a)(4)]

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.
[40 CFR 63.6655(a)(5)]

2.2.6.11.

For each CPMS, you must keep the records listed in the following three
subparagraphs.
[40 CFR 63.6655(b)]

2.2.6.11.1.

Records described in §63.10(b)(2)(vi) through (xi).
[40 CFR 63.6655(b)(1)]

2.2.6.11.2.

Previous (i.e., superseded) versions of the performance evaluation
plan as required in §63.8(d)(3).
[40 CFR 63.6655(b)(2)]

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.
[40 CFR 63.6655(b)(3)]

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 to you.
[40 CFR 63.6655(d)]

42

2.2.6.13.

Records must be kept in a form suitable and readily available for
expeditious review according to §63.10(b)(1).
[40 CFR 63.6660(a)]

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.
[40 CFR 63.6660(b)]

2.2.6.15.

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(c)]

2.2.7.

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.
[40 CFR 63.6665]

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
Subject of citation
Applies to subpart
Explanation
§63.1
General applicability of the
Yes.
General Provisions
§63.2
Definitions
Yes
Additional terms defined in §63.6675.
§63.3
Units and abbreviations
Yes.
§63.4
Prohibited activities and
Yes.
circumvention
§63.5
Construction and reconstruction
Yes.
§63.6(a)
Applicability
Yes.
§63.6(b)(1)-(4)
Compliance dates for new and
Yes.
reconstructed sources
§63.6(b)(5)
Notification
Yes.
§63.6(b)(6)
[Reserved]
§63.6(b)(7)
Compliance dates for new and
Yes.
reconstructed area sources that
become major sources
§63.6(c)(1)-(2)
Compliance dates for existing
Yes.
sources
§63.6(c)(3)-(4)
[Reserved]
§63.6(c)(5)
Compliance dates for existing area Yes.
sources that become major sources

43

§63.6(d)
§63.6(e)
§63.6(f)(1)
§63.6(f)(2)

§63.6(j)
§63.7(a)(1)-(2)

[Reserved]
Operation and maintenance
No.
Applicability of standards
No.
Methods for determining
Yes.
compliance
Finding of compliance
Yes.
Use of alternate standard
Yes.
Opacity and visible emission
No
standards
Compliance extension procedures Yes.
and criteria
Presidential compliance exemption Yes.
Performance test dates
Yes

§63.7(a)(3)
§63.7(b)(1)

CAA section 114 authority
Notification of performance test

Yes.
Yes

§63.7(b)(2)

Notification of rescheduling

Yes

§63.7(c)

Quality assurance/test plan

Yes

§63.7(d)
§63.7(e)(1)

Testing facilities
Conditions for conducting
performance tests

Yes.
No.

§63.7(e)(2)

Conduct of performance tests and Yes
reduction of data
Test run duration
Yes.
Administrator may require other
Yes.
testing under section 114 of the
CAA
Alternative test method provisions Yes.
Performance test data analysis,
Yes.
recordkeeping, and reporting
Waiver of tests
Yes.
Applicability of monitoring
Yes
requirements

§63.6(f)(3)
§63.6(g)(1)-(3)
§63.6(h)
§63.6(i)

§63.7(e)(3)
§63.7(e)(4)

§63.7(f)
§63.7(g)
§63.7(h)
§63.8(a)(1)

§63.8(a)(2)
§63.8(a)(3)
§63.8(a)(4)
§63.8(b)(1)
§63.8(b)(2)-(3)

Performance specifications
[Reserved]
Monitoring for control devices
Monitoring
Multiple effluents and multiple
monitoring systems

Yes.
No.
Yes.
Yes.

44

Subpart ZZZZ does not contain opacity
or visible emission standards.

Subpart ZZZZ contains performance
test dates at §§63.6610, 63.6611, and
63.6612.
Except that §63.7(b)(1) only applies as
specified in §63.6645.
Except that §63.7(b)(2) only applies as
specified in §63.6645.
Except that §63.7(c) only applies as
specified in §63.6645.
Subpart ZZZZ specifies conditions for
conducting performance tests at
§63.6620.
Subpart ZZZZ specifies test methods at
§63.6620.

Subpart ZZZZ contains specific
requirements for monitoring at
§63.6625.

§63.8(c)(1)

Monitoring system operation and
maintenance
Routine and predictable SSM
SSM not in Startup Shutdown
Malfunction Plan
Compliance with operation and
maintenance requirements
Monitoring system installation
Continuous monitoring system
(CMS) requirements

Yes.

§63.8(c)(5)
§63.8(c)(6)-(8)

COMS minimum procedures
CMS requirements

No
Yes

§63.8(d)
§63.8(e)

CMS quality control
CMS performance evaluation

Yes.
Yes

§63.8(c)(1)(i)
§63.8(c)(1)(ii)
§63.8(c)(1)(iii)
§63.8(c)(2)-(3)
§63.8(c)(4)

§63.8(f)(1)-(5)
§63.8(f)(6)
§63.8(g)

§63.9(a)
§63.9(b)(1)-(5)

§63.9(c)
§63.9(d)
§63.9(e)
§63.9(f)
§63.9(g)(1)

No
Yes.
No
Yes.
Yes

Except that subpart ZZZZ does not
require Continuous Opacity
Monitoring System (COMS).
Subpart ZZZZ does not require COMS.
Except that subpart ZZZZ does not
require COMS.
Except for §63.8(e)(5)(ii), which
applies to COMS.

Except that
§63.8(e) only
applies as specified
in §63.6645.
Alternative monitoring method
Yes
Except that §63.8(f)(4) only applies as
specified in §63.6645.
Alternative to relative accuracy test Yes
Except that §63.8(f)(6) only applies as
specified in §63.6645.
Data reduction
Yes
Except that provisions for COMS are
not applicable. Averaging periods for
demonstrating compliance are
specified at §§63.6635 and 63.6640.
Applicability and State delegation Yes.
of notification requirements
Initial notifications
Yes
Except that §63.9(b)(3) is reserved.
Except that
§63.9(b) only
applies as specified
in §63.6645.
Request for compliance extension Yes
Except that §63.9(c) only applies as
specified in §63.6645.
Notification of special compliance Yes
Except that §63.9(d) only applies as
requirements for new sources
specified in §63.6645.
Notification of performance test
Yes
Except that §63.9(e) only applies as
specified in §63.6645.
Notification of visible emission
No
Subpart ZZZZ does not contain opacity
(VE)/opacity test
or VE standards.
Notification of performance
Yes
Except that §63.9(g) only applies as
evaluation
specified in §63.6645.

45

§63.9(g)(2)

Notification of use of COMS data No

§63.9(g)(3)

Notification that criterion for
alternative to RATA is exceeded

Yes

Subpart ZZZZ does not contain opacity
or VE standards.
If alternative is in use.

Except that
§63.9(g) only
applies as specified
in §63.6645.
§63.9(h)(1)-(6)
Notification of compliance status Yes
Except that notifications for sources
using a CEMS are due 30 days after
completion of performance
evaluations. §63.9(h)(4) is reserved.
Except that §63.9(h) only applies as
specified in §63.6645.
§63.9(i)
Adjustment of submittal deadlines Yes.
§63.9(j)
Change in previous information
Yes.
§63.10(a)
Administrative provisions for
Yes.
recordkeeping/reporting
§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)- Records
Yes.
(xi)
§63.10(b)(2)(xii) Record when under waiver
Yes.
§63.10(b)(2)(xiii) Records when using alternative to Yes
For CO standard if using RATA
RATA
alternative.
§63.10(b)(2)(xiv) Records of supporting
Yes.
documentation
§63.10(b)(3)
Records of applicability
Yes.
determination
§63.10(c)
Additional records for sources
Yes
Except that §63.10(c)(2)-(4) and (9) are
using CEMS
reserved.
§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
No
Subpart ZZZZ does not contain opacity
observations
or VE standards.
§63.10(d)(4)
Progress reports
Yes.
§63.10(d)(5)
Startup, shutdown, and malfunction No.
reports
§63.10(e)(1) and Additional CMS Reports
Yes.
(2)(i)
§63.10(e)(2)(ii)
COMS-related report
No
Subpart ZZZZ does not require COMS.
§63.10(e)(3)
Excess emission and parameter
Yes.
Except that §63.10(e)(3)(i) (C) is
exceedances reports
reserved.
§63.10(e)(4)
Reporting COMS data
No
Subpart ZZZZ does not require COMS.
§63.10(f)
Waiver for recordkeeping/reporting Yes.

46

§63.11
§63.12
§63.13
§63.14
§63.15

Flares
State authority and delegations
Addresses
Incorporation by reference
Availability of information

No.
Yes.
Yes.
Yes.
Yes.

[40 CFR 63.6665]
Tribal Minor New Source Review
3.1. Synthetic Minor New Source Review Permit Requirements [SMNSR-SU-0000312019.004]
South Ignacio Central Delivery Point is subject to the requirements of permit #SMNSRSU-000031-2019.004. Notwithstanding conditions in this permit, the permittee must
comply with all requirements of #SMNSR-SU-000031-2019.004.
3.1.1. Applicability
3.1.1.1.

This permit is being issued under authority of the Minor New Source
Review (MNSR) Permit Program.

3.1.1.2.

The requirements in this permit have been created, at the Permittee’s
request, to establish legally and practically enforceable restrictions
for limiting CO and NOX engine emissions.

3.1.1.3.

Any conditions established for this facility or any specific units at
this facility pursuant to any permit issued under the authority of the
Prevention of Significant Deterioration (PSD) Permit Program or
the MNSR Permit Program shall continue to apply.

3.1.1.4.

By issuing this permit, the EPA does not assume any risk of loss
which may occur as a result of the operation of the permitted facility
by the Permittee, Owner and/or Operator, if the conditions of this
permit are not met by the Permittee, Owner and/or Operator.

3.1.2. Requirements for 4SRB Engine
3.1.2.1.

Construction and Operational Limits

3.1.2.1.1.

The Permittee shall install and operate emission controls as
specified in this permit on one 4-stroke rich-burn (4SRB)
47

reciprocating internal combustion engine for natural gas
compression meeting the following specifications:
Operated as a 4SRB engine;

3.1.2.1.1.2.

Fired with natural gas; and

3.1.2.1.1.3.

Limited to a maximum site rating of 1,680
horsepower (hp).

3.1.2.2.

3.1.2.1.1.1.

Emissions Limits

3.1.2.2.1.

Emissions from the one 4SRB 1,680 hp engine shall not
exceed the following:

3.1.2.2.1.1.

CO: 12.9 lb/hr; and

3.1.2.2.1.2.

NOX: 9.2 lb/hr.

3.1.2.2.2.
3.1.2.3.

Emissions limits shall apply at all times, unless otherwise
specified in this permit.

Control and Operational Requirements

3.1.2.3.1.

The Permittee shall ensure that the 4SRB engine is equipped
with a non-selective catalytic reduction (NSCR) control
system and air-to-fuel ratio (AFR) control system capable of
reducing uncontrolled NOX and CO emissions to meet the
engine specific emissions limits in this permit.

3.1.2.3.2.

The Permittee shall replace the oxygen (O2) sensor on the
AFR controller on the 4SRB engine within every 2,190
hours of engine run time.

3.1.2.3.3.

The Permittee shall install, operate and maintain temperature
sensing devices (e.g., thermocouple or resistance
temperature detectors) before the inlet to the catalyst bed in
order to continuously monitor the engine exhaust
temperature at the inlet to the catalyst bed. Each temperature
sensing device shall be calibrated and operated according to
manufacturer specifications or equivalent specifications
developed by the Permittee or vendor.
48

3.1.2.3.4.

3.1.2.3.4.1.

Except during startups, which shall not exceed 30 minutes,
the engine exhaust temperature at the inlet to the catalyst bed
shall be maintained at all times the engine operates within
the following limits:
For the 4SRB engine, an inlet temperature of at least
750 °F and no more than 1,250 °F.

3.1.2.3.5.

During operation, the pressure drop across the catalyst bed
on each engine shall be maintained to within ±2 inches of
water from the baseline pressure drop measured during the
most recent performance test. The baseline pressure drop for
the catalyst bed shall be determined as measured during the
most recent performance test.

3.1.2.3.6.

The Permittee shall only fire the engine with natural gas. The
natural gas shall be pipeline-quality in all respects except
that the carbon dioxide (CO2) concentration in the gas shall
not be required to be within pipeline-quality.

3.1.2.3.7.

The Permittee shall follow, for the engine and respective
catalytic control system, the manufacturer recommended
maintenance schedule and procedures, or equivalent
maintenance schedule and procedures developed by the
Permittee or vendor, to ensure optimum performance of the
engine and its respective catalytic control system.

3.1.2.3.8.

The Permittee may rebuild or replace the existing permitted
engine with an engine of the same hp rating and configured
to operate in the same manner as the engine being rebuilt or
replaced. Any emissions limits, requirements, control
technologies, testing or other provisions that apply to the
permitted engine that is replaced shall also apply to the
rebuilt or replaced engines.

3.1.2.3.9.

The Permittee may resume operation without the catalytic
control system during an engine break-in period, not to
exceed 200 operating hours, for rebuilt and replaced engines.

49

3.1.2.4.

Performance Testing Requirements

3.1.2.4.1.

Performance tests shall be conducted on the 4SRB engine
equipped with a NSCR control system and AFR controller
for measuring NOX and CO emissions to demonstrate
compliance with the emissions limitations in this permit. The
performance tests shall be conducted in accordance with
appropriate reference methods specified in Table 2 to
Subpart JJJJ of 40 CFR part 60. The Permittee may submit
to the EPA a written request for approval of an alternate test
method but shall only use that alternate test method after
obtaining written approval from the EPA.

3.1.2.4.1.1.

The initial performance test shall be conducted
within 90 calendar days of startup of a new engine.
The results of performance tests conducted prior to
the effective date of this permit may be used to
demonstrate compliance with the initial performance
test requirements, provided the tests were conducted
in an equivalent manner as the performance test
requirements in this permit.

3.1.2.4.1.2.

Performance tests shall be conducted within 90
calendar days of startup of a rebuilt and replaced
engine.

3.1.2.4.1.3.

Performance tests shall be conducted within 90
calendar days of startup after each catalyst
replacement.

3.1.2.4.1.4.

Subsequent performance tests for NOX and CO
emissions shall be performed semiannually.

3.1.2.4.1.4.1.

If the results of two consecutive subsequent
semiannual performance tests demonstrate
compliance with NOX and CO emissions
limits, required testing frequency for NOX
and CO may change from semi-annually to
annually.

3.1.2.4.1.4.2.

If the results of any subsequent annual
performance
test
demonstrate
non50

compliance with the NOX or CO emissions
limits, required monitoring frequency for
NOX and CO shall change back to
semiannually.
3.1.2.4.2.

The Permittee shall not perform engine tuning or make any
adjustments to engine settings, catalytic control system
settings, processes or operational parameters immediately
prior to the engine testing or during the engine testing. Any
such tuning or adjustments may result in a determination by
the EPA that the test is invalid. Artificially increasing an
engine load to meet test requirements is not considered
engine tuning or adjustments.

3.1.2.4.3.

The Permittee shall not abort any engine tests that
demonstrate non-compliance with any NOX and CO
emissions limits in this permit.

3.1.2.4.4.

Performance tests conducted on the 4SRB engine for
measuring NOX and CO emissions shall meet the following
requirements:

3.1.2.4.4.1.

The pressure drop across the catalyst bed and the
inlet temperature to the catalyst bed shall be
measured and recorded during all performance tests;

3.1.2.4.4.2.

All performance tests for NOX and CO emissions
shall be performed simultaneously;

3.1.2.4.4.3.

All performance tests shall be conducted at a
maximum operating rate (90% to 110% of the
maximum achievable engine load available on the
day of the test). The Permittee may submit to the
EPA a written request for approval of an alternate
load level for testing, but shall only test at that
alternate load level after obtaining written approval
from the EPA;

3.1.2.4.4.4.

During each test run, data shall be collected on all
parameters necessary to document how emissions
were measured and calculated (such as test run
51

length, minimum sample volume, volumetric flow
rate, moisture and oxygen corrections, etc.);
3.1.2.4.4.5.

Each test shall consist of at least three 1-hour or
longer valid test runs. Emission results shall be
reported as the arithmetic average of all valid test
runs and shall be in terms of the emissions limits in
this permit;

3.1.2.4.4.6.

Performance test plans shall be submitted to the EPA
for approval at least 60 calendar days prior to the date
the test is planned;

3.1.2.4.4.7.

Performance test plans that have already been
approved by the EPA for the emission units approved
in this permit may be used in lieu of new test plans
unless the EPA requires the submittal and approval
of new test plans. The Permittee may submit new
plans for EPA approval at any time; and

3.1.2.4.4.8.

The test plans shall include and address the following
elements:

3.1.2.4.4.8.1.

Purpose of the test;

3.1.2.4.4.8.2.

Engines and catalytic control systems to be
tested;

3.1.2.4.4.8.3.

Expected engine operating rate(s) during the
test;

3.1.2.4.4.8.4.

Sampling and analysis procedures (sampling
locations,
test
methods,
laboratory
identification);

3.1.2.4.4.8.5.

Quality
assurance
plan
(calibration
procedures and frequency, sample recovery
and field documentation, chain of custody
procedures); and

52

3.1.2.4.4.8.6.

Data processing and reporting (description of
data handling and quality control procedures,
report content).

3.1.2.4.5.

The Permittee shall notify the EPA and the Southern Ute
Indian Tribe at least 30 calendar days prior to scheduled
performance testing. The Permittee shall notify the EPA at
least 1 week prior to scheduled performance testing if the
testing cannot be performed.

3.1.2.4.6.

If the results of a complete and valid performance test of the
emissions from the permitted engine demonstrates
noncompliance with the emissions limits in this permit, the
engine shall be shut down as soon as safely possible, and
appropriate corrective action shall be taken (e.g., repairs,
catalyst cleaning, catalyst replacement). The Permittee shall
notify the EPA and the Southern Ute Indian Tribe in writing
within 24 hours of each such shut down. The engine must be
retested within 7 days of being restarted and the emissions
must meet the applicable limits in this permit. If the retest
shows that the emissions continue to exceed the limits in this
permit, the engine shall again be shut down as soon as safely
possible, and the engine may not operate, except for
purposes of startup and testing, until the Permittee
demonstrates through testing that the emissions do not
exceed the emissions limits in this permit.

3.1.2.4.7.

If a permitted engine is not operating, the Permittee does not
need to start up the engine solely to conduct a performance
test. The Permittee may conduct the performance test when
the engine is started up again.

3.1.2.5.

Monitoring Requirements

3.1.2.5.1.

The Permittee shall continuously measure the engine
exhaust temperature at the inlet to the catalyst bed on the
engine.

3.1.2.5.2.

Except during startups not to exceed 30 minutes, if the
engine exhaust temperature at the inlet to the catalyst bed
deviates from the acceptable ranges specified in this permit
then the following actions shall be taken. The Permittee’s
53

completion of any or all of these actions shall not constitute,
nor qualify as, an exemption from any other emissions limits
in this permit:
3.1.2.5.2.1.

Within 24 hours upon determining a deviation of the
engine exhaust temperature at the inlet to the catalyst
bed, the Permittee shall investigate and document
when an investigation is initiated, what the
investigation consisted of and when the investigation
is completed. The investigation shall include testing
the temperature sensing device, inspecting the engine
for performance problems and assessing the catalytic
control system for possible damage that could affect
catalytic system effectiveness (including, but not
limited to, catalyst housing damage and fouled,
destroyed or poisoned catalyst).

3.1.2.5.2.2.

If the engine exhaust temperature at the inlet to the
catalyst bed can be corrected by following the engine
manufacturer’s recommended procedures or
equivalent procedures developed by the Permittee or
vendor and the catalytic control system has not been
damaged, then the Permittee shall correct the engine
exhaust temperature at the inlet to the catalyst bed
within 24 hours of inspecting the engine and catalytic
control system.

3.1.2.5.2.3.

If the engine exhaust temperature at the inlet to the
catalyst bed cannot be corrected using the engine
manufacturer
recommended
procedures
or
equivalent procedures developed by the Permittee or
vendor, or the catalytic control system has been
damaged, then the affected engine shall cease
operating immediately and shall not be returned to
routine service until the following has been met:

3.1.2.5.2.3.1.

The engine exhaust temperature at the inlet to
the catalyst bed is measured and found to be
within the acceptable temperature range for
that engine; and

54

3.1.2.5.2.3.2.

The catalytic control system has been
repaired or replaced, if necessary.

3.1.2.5.3.

The Permittee shall monitor the pressure drop across the
catalyst bed of the engine once every calendar month using
pressure sensing devices before and after the catalyst bed to
obtain a direct reading of the pressure drop (also referred to
as the differential pressure). [Note to Permittee: Differential
pressure measurements, in general, are used to show the
pressure across the filter elements. This information will
determine when the elements in the catalyst bed are fouling,
blocked or blown out and thus require cleaning or
replacement.]

3.1.2.5.4.

The Permittee shall perform the first measurement of the
pressure drop across each catalyst bed no more than 30
calendar days from the date of the initial performance test.
Thereafter, the Permittee shall measure the pressure drop
across the catalyst bed, at a minimum once a calendar month.
Subsequent performance tests, as required in this permit, can
be used to meet the periodic pressure drop monitoring
requirement for that month. The pressure drop reading can
be a one-time measurement on that day, the average of
measurements taken during performance test runs, or a 12hour average of all the measurements on that day if
continuous readings are taken.

3.1.2.5.5.

If the pressure drop reading exceeds ± 2 inches of water from
the baseline pressure drop reading taken during the most
recent performance test, then the following actions shall be
taken. The Permittee’s completion of any or all of these
actions shall not constitute, nor qualify as, an exemption
from any other emissions limits in this permit:

3.1.2.5.5.1.

Within 24 hours of determining a deviation of the
pressure drop across the catalyst bed, the Permittee
shall investigate and document when an
investigation is initiated, what the investigation
consisted of and when the investigation is completed.
The investigation shall include testing the pressure
transducers and assessing the catalytic control
system for possible damage that could affect
55

catalytic system effectiveness (including, but not
limited to, catalyst housing damage, and plugged,
fouled, destroyed or poisoned catalyst).
3.1.2.5.5.2.

If the pressure drop across the catalyst bed can be
corrected by following the catalytic control system
manufacturer’s recommended procedures or
equivalent procedures developed by the Permittee or
vendor, and the catalytic control system has not been
damaged, then the Permittee shall correct the
problem within 24 hours of inspecting the catalytic
control system.

3.1.2.5.5.3.

If the pressure drop across the catalyst bed cannot be
corrected using the catalytic control system
manufacturer’s recommended procedures or
equivalent procedures developed by the Permittee or
vendor, or the catalytic control system is damaged,
then the Permittee shall do one of the following:

3.1.2.5.5.3.1.

Conduct a performance test as specified in
this permit to ensure that the emissions limits
are being met and to re-establish the pressure
drop across the catalyst bed; or

3.1.2.5.5.3.2.

Cease operating the affected engine
immediately. The engine shall not be
returned to routine service until the pressure
drop is measured and found to be within the
accept

[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%3A5f7d6b78f56ac820. Public record. Not legal advice.
