AIR QUALITY DIVISION (2026)

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AIR QUALITY DIVISION

Environmental Programs Department

Southern Ute Indian Tribe

PO Box 737 MS#84

Ignacio, CO 81137

Phone 970-563-4705

http://www.southernute-nsn.gov/environmental-programs/air-quality

January 16, 2026

Ms. Julie Best

Senior Air Compliance Specialist

SIMCOE, LLC

1199 Main Ave, Suite 101

Durango, CO 81301

RE: Part 70 Operating Permit – Permit Renewal

Title V Permit # V-SUIT-0001-2026.00

SIMCOE, LLC

Treating Site #1 Compressor Station

Ms. Best,

The Southern Ute Indian Tribe Air Quality Division (AQD) has completed its review of SIMCOE,

LLC’s (SIMCOE) request to renew a Title V Permit to Operate, pursuant to the Title V Operating

Permit Program at 40 CFR Part 70, for the Treating Site #1 Compressor Station.

Based on the information submitted in SIMCOE’s application, the AQD hereby issues the enclosed Title

V Permit to Operate. The final permit will become effective on January 16, 2026.

A 30-day public comment period was held from October 31, 2025, to November 30, 2025. The AQD

received no comments from SIMCOE during this time. No comments were received from the public,

affected states, or tribes.

A 45-day Administrative Review period at EPA Region 8 was held from December 2, 2025, to January

15, 2026. No comments were received from EPA Region 8 during this review period.

Pursuant to RAC §2-109(8), within 60 days after the final permit has been issued, the applicant, any person

who participated in the public comment process and is aggrieved by the action, and any other person who

could obtain judicial review of that action under applicable law, may appeal to the Environmental

Commission in accordance with the Southern Ute Indian Tribe/State of Colorado Environmental

Commission’s Reservation Air Code (RAC) and the Commission’s Procedural Rules. Additionally, the

regulations at RAC §2-109(7) specify that any person may petition the EPA Administrator within 60 days

after the expiration of the Administrator’s 45-day review period to make an objection that the permit

would not be in compliance with applicable requirements. Any such petition must be based only on

objections to the permit that were raised with reasonable specificity during the public comment period

unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or

unless the grounds for such objections arose after such period.

If you have any questions concerning the enclosed permit, please feel free to contact me.

Sincerely,

Reyes Shendo

Air Quality Scientist I - Permitting

Southern Ute Indian Tribe

(970) 563-2296

rshendo@southernute-nsn.gov

Cc: US EPA Region 8 - r8airpermitting@epa.gov

Southern Ute Indian Tribe

Air Quality Division

Title V Operating Permit

Southern Ute Indian Tribe

Environmental Programs Department

Air Quality Division

71 Mike Frost Way

Ignacio, Colorado 81137

AIR POLLUTION CONTROL

TITLE V PERMIT TO OPERATE

In accordance with the provisions of Title V of the Clean Air Act (42 U.S.C. 7661-7661f) and Part

1, Article II of the Southern Ute Indian Tribe/State of Colorado Environmental Commission’s

Reservation Air Code (RAC) and applicable rules and regulations,

SIMCOE, LLC

Treating Site #1 Compressor Station

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

accordance with the conditions listed in this permit.

This source is authorized to operate at the following location:

Southern Ute Indian Reservation

Section 13, T32N, R8W

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.

Danny

Powers

Digitally signed by

Danny Powers

Date: 2026.01.15

14:30:21 -07'00'

Daniel Powers, Air Quality Division Head

Environmental Programs Department

Southern Ute Indian Tribe

AIR POLLUTION CONTROL

TITLE V PERMIT TO OPERATE

SIMCOE, LLC

Treating Site #1 Compressor Station

SUIT Account Identification Code: 2-001

Permit Number: V-SUIT-0001-2026.00

[Replaces Permit No.: V-SUIT-0001-2019.01]

Issue Date: January 16, 2026

Revised Date: N/A

Expiration Date: January 16, 2031

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

September 1999

Permit Issued

Initial Part 71 Permit Issued

# V-SU-0001-00.00

September 2007

Permit Issued

1st Part 71 Permit Renewal Issued

# V-SU-0001-05.00

September 2008

Permit Revision

Administrative Amendment

# V-SU-0001-05.01

February 21, 2014

Permit Issued

Initial Part 70 Permit Issued

# V-SUIT-0001-2014.00

February 4, 2020

Permit Issued

1st Part 70 Permit Renewal Issued

# V-SUIT-0001-2019.00

December 30, 2020

Permit Revision

Administrative Revision

Change of ownership from BP America

Production Company to SIMCOE,

LLC.

# V-SUIT-0001-2019.01

January 16, 2026

Permit Renewal

2nd Part 70 Permit Renewal Issued

# V-SUIT-0001-2026.00

Table of Contents

Abbreviations and Acronyms ................................................................................................................................. 3

Section I – Source Information and Emission Unit Identification ............................................................................ 6

Source Information ..........................................................................................................................................6

Source Emission Points ....................................................................................................................................7

Section II – General Requirements ......................................................................................................................... 8

Title V Administrative Requirements ...............................................................................................................8

1.1.

Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118] ........................................................................8

1.2.

Compliance Requirements ..................................................................................................................10

1.3.

Duty to Provide and Supplement Information [RAC 2-110(7)(e), 2-106(5), and 2-124] ....................11

1.4.

Submissions [RAC 2-105] .....................................................................................................................12

1.5.

Severability Clause [RAC 1-106 and RAC 2-110(1)(f)] .........................................................................12

1.6.

Permit Actions [RAC 2-110(3)] ............................................................................................................13

1.7.

Administrative Permit Revision [RAC 2-111(2)] .................................................................................13

1.8.

Minor Permit Revisions [RAC 2-111(3)] ..............................................................................................13

1.9.

Significant Permit Revisions [RAC 2-111(4)] .......................................................................................14

1.10.

Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2-112] .........................15

1.11.

Property Rights [RAC 2-110(3)(e)] .......................................................................................................16

1.12.

Inspection and Entry [RAC 2-110(9)(b)] ..............................................................................................16

1.13.

[Reserved] ............................................................................................................................................16

1.14.

Permit Transfers [RAC 2-113] ..............................................................................................................16

1.15.

Off-Permit Changes [RAC 2-116(2)].....................................................................................................17

1.16.

Permit Expiration and Renewal ..........................................................................................................17

Facility-Wide Requirements ...........................................................................................................................18

2.1.

General Recordkeeping Requirements [RAC 2-110(6)] ......................................................................18

2.2.

General Reporting Requirements .......................................................................................................19

2.3.

Alternative Operating Scenarios [RAC 2-110(8)] ................................................................................20

2.4.

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

2.5.

Stratospheric Ozone and Climate Protection [40 CFR Part 82] ..........................................................23

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

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

National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR Part 63 ...........................23

2.1.

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

Reciprocating Internal Combustion Engines [40 CFR 63.6580 – 63.6675, RAC 4-103] .....................................23

Reserved – Tribal Minor New Source Review ................................................................................................30

Prevention of Significant Deterioration Requirements ..................................................................................30

4.1.

40 CFR Part 52.21 PSD Engine Requirements [PSD Permit # PSD-SU-0006-95.01 and RAC 2-110(6)

and RAC 2-110(6) and (7)] ..................................................................................................................................30

Reserved – Consent Decree Requirements ....................................................................................................37

Reserved – Compliance Assurance Monitoring (CAM) Requirements ...........................................................37

Enhanced Monitoring, Recordkeeping, and Reporting ..................................................................................37

Section IV – Appendix .......................................................................................................................................... 39

Inspection Information ..................................................................................................................................39

1.1.

Driving Directions: ...............................................................................................................................39

1.2.

Global Positioning System (GPS): .......................................................................................................39

1.3.

Safety Considerations: ........................................................................................................................39

Abbreviations and Acronyms

4SLB

4SRB

AFS

AQD

bbl

BACT

CAA

CAM

CEMS

CFR

CMS

COMS

CO2

dscf

dscm

EPA

gal

GPM

H 2S

HAP

lbs

MACT

MMBtu

MMSCFD

NESHAP

NMHC

NOx

NSPS

NSR

PM10

ppbvd

ppm

ppmvd

PSD

PTE

psi

psia

RAC

RICE

RMP

scf

scfm

SO2

SUIT

tpy

Tribe

Four-Stroke Lean-Burn

Four-Stroke Rich-Burn

Air Facility System database

Southern Ute Indian Tribe’s Air Quality Division

Barrels

Best Available Control Technology

Clean Air Act [42 U.S.C. Section 7401 et seq.]

Compliance Assurance Monitoring

Continuous Emission Monitoring System

Code of Federal Regulations

Continuous Monitoring System (includes COMS, CEMS and diluent monitoring)

Continuous Opacity Monitoring System

Carbon monoxide

Carbon dioxide

Dry standard cubic foot

Dry standard cubic meter

United States Environmental Protection Agency

Gallon

Gallons per minute

Hydrogen sulfide

Hazardous Air Pollutant

Hour

Identification Number

Kilogram

Pounds

Maximum Achievable Control Technology

Megagram

Million British Thermal Units

Million standard cubic feet per day

Month

National Emission Standards for Hazardous Air Pollutants

Non-methane hydrocarbons

Nitrogen Oxides

New Source Performance Standard

New Source Review

Negative logarithm of effective hydrogen ion concentration (acidity)

Particulate Matter

Particulate matter less than 10 microns in diameter

Parts per billion by volume, dry

Parts per million

Parts per million by volume, dry

Prevention of Significant Deterioration

Potential to Emit

Pounds per square inch

Pounds per square inch absolute

Southern Ute Indian Tribe/State of Colorado Environmental Commission’s Reservation

Air Code

Reciprocating Internal Combustion Engine

Risk Management Plan

Standard cubic feet

Standard cubic feet per minute

Spark Ignition

Sulfur Dioxide

Southern Ute Indian Tribe

Ton(s) Per Year

Southern Ute Indian Tribe

US EPA

VOC

United States Environmental Protection Agency

Volatile Organic Compounds

Table of Figures

Table 1 - Emission Units................................................................................................................. 7

Table 2 - Insignificant Emission Units ........................................................................................... 7

Section I – Source Information and Emission Unit Identification

Source Information

Owner Name:

SIMCOE, LLC

Facility Name:

Treating Site #1 Compressor Station

Facility Location:

Section 13, T32N, R8W

Latitude:

37.015784 °N

Longitude:

State:

-107.664496 °W

Colorado

County:

La Plata

Responsible Official:

Midstream Superintendent

SIC Code:

1311

ICIS Identification Number:

SU0000000806U0008

EPA Facility Registry ID:

110007077304

Other Clean Air Act Permits

PSD Permit # PSD-SU-0006-95.01

Process Description:

Treating Site #1 was a central facility used to separate and dry the gas and water recovered from

the coal matrix reservoirs of the San Juan Basin of the Ignacio Blanco Fruitland field. On

November 4, 2014, the compression side of the facility was air gapped. In 2020, the saltwater

disposal well pump was air gapped.

At the current Treating Site #1, produced water is piped into tanks at the location. The water is

then transferred offsite for disposal. The facility’s primary pollutant-emitting source is a rich

burn generator engine fueled by natural gas.

Source Emission Points

Table 1 - Emission Units

Emission

Unit ID

Control

Equipment

Description

Waukesha L5790GSI (4SRB SI) Compressor Engine

1215 Nameplate Rated HP

TS1-11

Serial No.

401228

Install Date:

10/11/2010

TS1-21

Serial No.

400296

Install Date:

7/14/2011

NSCR

AFRC

Waukesha VRG330 (4SRB SI) Generator Engine

68 Nameplate Rated HP

TS1-3

Serial No.

387850

Install Date:

None

4/23/2019

Waukesha F11G (4SRB SI) Pump Engine

105 Nameplate Rated HP

TS1-43

Serial No.

5299365

Install Date:

None

1989

Tri-ethylene Glycol Dehydrator

12.5 MMscf/d

TS1-7b1

Serial No.

N/A

Install Date:

N/A

TS1-10b1

Serial No.

N/A

Install Date:

N/A

None

Waukesha F18-GL Pump Engine

375 Nameplate Rated HP

TS1-92

Serial No.

N/A

Install Date:

None

N/A

TS1-1, TS1-2, TS1-7b, and TS1-10b have been disconnected from the process since 2014. These units remain on

site. These units remain in the Part 70 permit as they are still listed in the PSD permit for this facility.

TS1-9 has been shut down and permanently removed from the facility. However, this engine remains in the Part 70

permit as it is still listed in the PSD permit for this facility.

TS1-4 has been air gapped since 2020. However, this engine remains in the Part 70 permit as it is still listed in the

PSD permit for this facility.

Table 2 - Insignificant Emission Units

Emission

Unit ID

Amount

Description

Size

Units

TS1-5, TS1-6

TS1-71

TS1-8

TS1-11

N/A

Tank Heaters

Glycol Reboiler

Fugitive Emissions

Catalytic Space Heaters

Tank Heater

500

N/A

375

MMBtu/hr

N/A

MMBtu/hr

TS1-12

Used Oil Sump

TS1-12

Oily Water Tank

TS1-12

Produced Water Tanks

TS1-12

Produced Water Pit Tank

TS1-12

Lube Oil Tank

TS1-7 has been permanently disconnected from the process since 2014.

≤ 95

300

500

bbl

gal

Section II – General Requirements

Title V Administrative Requirements

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

1.1.1. An annual operating permit emission fee shall be paid to the Tribe by the

permittee.

[RAC 2-118(2)]

1.1.2. The permittee shall pay the annual permit fee each year no later than April 1st for

the preceding calendar year.

[RAC 2-118(2)]

1.1.3. Fee payments shall be remitted in the form of a money order, bank draft, certified

check, corporate check, or electronic funds transfer payable to the Southern Ute

Indian Tribe and sent or delivered by the United States Postal Service c/o

Environmental Programs Department Part 70 Program, P.O. Box 737 MS #84,

Ignacio, Colorado 81137; or by common carrier (such as UPS or FedEx) c/o

Environmental Programs Department Part 70 Program, 398 Ouray Drive, Ignacio,

Colorado 81137.

[RAC 2-118(4)(a)]

1.1.4. The permittee shall send an updated fee calculation worksheet submitted annually

by the same deadline as required for fee payment to the address listed in the

Submissions section of this permit.

[RAC 2-118]

1.1.5. The permittee shall submit the initial fee calculation work sheet using the most

recent form provided by the Tribe.

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

1.1.6. Basis for calculating annual fee:

1.1.6.1.

Subtotal annual fees shall be calculated by multiplying the applicable

emission fee set pursuant to RAC §2-119(1) of this code times the total

tons of actual emissions for each fee pollutant. In lieu of actual emissions,

annual fees may be calculated based on the potential to emit for each fee

pollutant. Emissions of any regulated air pollutant that already are

included in the fee calculation under a category of regulated pollutant,

such as a federally listed hazardous air pollutant that is already accounted

for as a VOC or as PM10, shall be counted only once in determining the

source’s actual emissions.

[RAC 2-119(2)(a)]

1.1.6.1.1.

“Actual emissions” means the actual rate of emissions in tpy of

any fee pollutant (for fee calculation) emitted from a Title V

source over the preceding calendar year or any other period

determined by the Tribe to be more representative of normal

operation and consistent with the fee schedule adopted by the Tribe

and approved by the Administrator. Actual emissions shall be

calculated using each emissions units actual operating hours,

production rates, in-place control equipment, and types of

materials processed, stored, or combusted during the preceding

calendar year or other period used for this calculation.

[RAC 1-103(2)]

1.1.6.1.2.

Actual emissions shall be computed using compliance methods

required by the permit.

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

1.1.6.1.3.

If actual emissions cannot be determined using the compliance

methods in the permit, the permittee shall use other federally

recognized procedures.

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

1.1.6.2.

The total annual fee submitted shall be the greater of the applicable

minimum fee or the sum of subtotal annual fees for all fee pollutants

emitted from the source.

[RAC 2-119(2)(b)]

[Explanatory note: The applicable emission fee amount and applicable minimum fee (if necessary)

are revised each calendar year to account for inflation, and they are available from AQD prior to

the start of each calendar year.]

1.1.6.3.

The permittee shall exclude the following emissions from the calculation

of fees:

1.1.6.3.1.

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

source emits in excess of 4,000 tpy.

1.1.6.3.2.

Any emissions that come from insignificant activities not required

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

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

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

completeness by a responsible official.

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

1.1.8. Failure of the permittee to pay fees by the due date shall subject the permittee to

assessment of penalties and interest in accordance with RAC §2-118(6).

[RAC 2-118(6)]

1.1.9. When notified by the Tribe of underpayment of fees, the permittee shall remit full

payment within 30 days of receipt of an invoice from the Tribe.

[RAC 2-119(3)(b)]

1.1.10. A permittee who thinks a Tribe assessed fee is in error and who wishes to

challenge such fee shall provide a written explanation of the alleged error to the

Tribe along with full payment of the assessed fee.

[RAC 2-119(3)(c)]

1.2. Compliance Requirements

1.2.1. Compliance with the Permit

1.2.1.1.

The permittee must comply with all conditions of this part 70 permit. Any

permit noncompliance with federally enforceable or Commission-only

permit conditions constitutes a violation of the RAC and Clean Air Act

and is grounds for enforcement action; for permit termination, revocation

and reissuance, or revision; or for denial of a permit renewal application.

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

1.2.1.2.

It shall not be a defense for a permittee in an enforcement action that it

would have been necessary to halt or reduce the permitted activity in order

to maintain compliance with the conditions of this permit.

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

1.2.1.3.

All terms and conditions of this permit which are required under the Clean

Air Act or under any of its applicable requirements, including any

provisions designed to limit a source’s potential to emit, are enforceable

by the Administrator and citizens under the Clean Air Act, except terms

and conditions the permit specifically designates as not being federally

enforceable under the Clean Air Act that are not required under the Clean

Air Act or under any of its applicable requirements. Terms and conditions

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

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

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

1.2.1.4.

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

relieve any person from civil or criminal liability for failure to comply

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

regulations thereunder, and any other applicable law or regulation.

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

1.2.1.5.

For the purpose of submitting compliance certifications in accordance

with the Compliance Certifications condition below of this permit, or

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

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

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

a source would have been in compliance with applicable requirements if

the appropriate performance or compliance test or procedure had been

performed.

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

1.2.2. Compliance Certifications

1.2.2.1.

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

certification of compliance which shall certify the source’s compliance

status with all permit terms and conditions and all applicable requirements

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

standards, or work practices. The compliance certification shall be

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

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

be submitted annually by April 1st and shall cover the preceding calendar

year in which the certification of compliance is due, except that the first

annual certification of compliance will cover the period from the issuance

date of this permit through December 31st of the same year.

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

1.2.3. Compliance Schedule

1.2.3.1.

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

source will continue to comply with such requirements.

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

1.2.3.2.

For applicable requirements that will become effective during the permit

term, the source shall meet such requirements on a timely basis.

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

1.3. Duty to Provide and Supplement Information [RAC 2-110(7)(e), 2-106(5), and 2124]

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

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

exists for reopening and revising, revoking, and reissuing, or terminating the

permit, or to determine compliance with the permit. Upon request, the permittee

shall also furnish to the Tribe copies of records that are required to be kept by the

permit, including information claimed to be confidential. Information claimed to

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

the provisions of RAC 2-124.

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

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

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

submittal, shall promptly submit such supplementary facts or corrected

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

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

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

[RAC 2-106(5)]

1.4. Submissions [RAC 2-105]

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

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

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

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

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

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

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

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

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

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

certifications, fee calculation worksheets, and applications for renewals and

permit modifications shall be submitted:

by email at: airquality@southernute-nsn.gov

or by United States Postal Service:

Part 70 Program

Environmental Programs Department

Air Quality Division

P.O. Box 737 MS #84

Ignacio, Colorado 81137

or by Common Carrier:

Part 70 Program

Environmental Programs Department

Air Quality Division

398 Ouray Drive

Ignacio, CO 81137

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

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

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

remain valid and in force.

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

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

terminated for cause.

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

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

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

shall not stay any permit condition.

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

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

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

defined in RAC §1-103.

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

1.7.2. The permittee may implement an administrative permit revision immediately

upon submittal of the request for the administrative revision.

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

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

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

request for an administrative permit revision.]

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

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

RAC §1-103.

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

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

1.8.2.1.

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

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

1.8.2.2.

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

draft permit changes;

1.8.2.3.

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

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

procedures and a request that such procedures be used; and

1.8.2.4.

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

affected programs as required under RAC §2-108.

1.8.2.5.

If the requested permit revision would affect existing compliance plans or

schedules, related progress reports, or certification of compliance

requirements, and an outline of such effects.

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

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

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

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

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

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

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

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

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

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

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

applicable requirements governing the change and the proposed permit terms and

conditions. During this period, the permittee need not comply with the existing

permit terms and conditions it seeks to modify. If the permittee fails to comply

with its proposed permit terms and conditions during this period, however, the

existing permit terms and conditions it seeks to modify may be enforced against

it. The filing of a minor permit revision application does not authorize

construction or modification of a source under the NSR preconstruction permit

program. It is the permittee’s responsibility to determine if a preconstruction

permit is required prior to commencing construction, modification, or

reconstruction.

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

1.8.5. The permit shield under RAC §2-110(10) does not extend to minor permit

revisions.

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

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

1.9.1. The permittee must request the use of significant permit revision procedures as

defined in RAC §1-103.

1.9.2. Significant permit revisions shall meet all requirements of the RAC for permit

issuance and renewal, including those for applications, review by the

Administrator and affected programs, and public participation.

[RAC 2-111(4), 2-109, and 2-106(3)]

1.10.

Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2112]

1.10.1. The permit may be reopened and revised for any of the reasons listed in the

paragraphs below. Alternatively, the permit may be revoked and reissued for the

reasons listed in the paragraphs below:

1.10.1.1.

Additional requirements under the Clean Air Act become applicable to a

major source with a remaining permit term of 3 or more years, provided

that the Tribe shall revise such permits to incorporate such additional

requirements no later than 18 months after promulgation of such

requirements, and no such reopening is required if the effective date of the

requirement is later than the permit expiration date unless the original

permit or any of its terms or conditions have been extended past the permit

expiration date pursuant to RAC §2-104(2)(b)(iii);

1.10.1.2.

Additional requirements (including excess emissions requirements)

become applicable to an affected source under the acid rain program.

Upon approval by the Administrator, excess emissions offset plans shall

be deemed to be incorporated into the permit;

1.10.1.3.

The Tribe or the Administrator determines that the permit contains a

material mistake or that inaccurate statements were made in establishing

the terms or conditions of the permit; or

1.10.1.4.

The Tribe or the Administrator determines that the permit must be revised

or revoked and reissued to assure compliance with applicable

requirements.

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

1.10.2.1.

The permittee fails to meet the requirements of an approved compliance

plan;

1.10.2.2.

The permittee has been in significant or repetitious noncompliance with

the operating permit terms or conditions;

1.10.2.3.

The permittee has exhibited a history of willful disregard for

environmental laws of any tribal or state authority, or of the United States;

1.11.

1.10.2.4.

The permittee has knowingly misrepresented a material fact in any

application, record, report, plan, or other document filed or required to be

maintained under the permit;

1.10.2.5.

The permittee falsifies, tampers with, or renders inaccurate any monitoring

device or method required to be maintained under the permit;

1.10.2.6.

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

1.10.2.7.

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

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

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

1.12.

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

Upon presentation of credentials and other documents as may be required by law, the

permittee shall allow authorized representatives of the Tribe or other authorized

representative to perform the following:

1.12.1. Enter upon the permittee’s premises where a source is located or emissionsrelated activity is conducted, or where records must be kept under the conditions

of the permit;

1.12.2. Have access to and copy, at reasonable times, any records that must be kept under

the conditions of the permit;

1.12.3. Inspect at reasonable times any facilities, equipment (including monitoring and air

pollution control equipment), practices, or operations regulated or required under

the permit; and

1.12.4. As authorized by the Clean Air Act, sample or monitor at reasonable times

substances or parameters for the purpose of assuring compliance with the permit

or applicable requirements.

1.13.

[Reserved]

1.14.

Permit Transfers [RAC 2-113]

1.14.1. This permit shall not be transferable, by operation of law or otherwise, from one

location to another or from one source to another, except that a permit may be

transferred from one location to another in the case of a portable source that has

notified the Tribe in advance of the transfer, pursuant to the RAC. A permit for a

source may be transferred from one person to another if the Tribe finds that the

transferee is capable of operating the source in compliance with the permit. This

transfer must be accomplished through an administrative permit revision in

accordance with the Administrative Permit Revisions section of this permit.

1.15.

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

1.15.1. The permittee is allowed to make, without a permit revision, certain changes that

are not addressed or prohibited by this permit provided that the following

requirements are met:

1.15.1.1.

Each such change meets all applicable requirements and shall not violate

any existing permit term or condition;

1.15.1.2.

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

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

1.15.1.3.

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

1.15.1.4.

The permittee provides contemporaneous written notice to the Tribe and

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

insignificant activities. Such notice shall state when the change occurred

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

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

change.

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

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

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

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

result in emissions of any regulated air pollutant subject to an applicable

requirement, but not otherwise regulated under the permit, and the emissions

resulting from those changes.

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

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

upon request.

[RAC 2-110(6)]

1.16.

Permit Expiration and Renewal

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

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

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

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

timely and complete permit renewal application has been submitted at least 6

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

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

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

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

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

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

been issued or disapproved.

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

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

action to issue the permittee a renewal permit or deny the permittee a permit or

(2) the permittee fails to submit by the deadline specified in writing by the Tribe

any additional information identified as being needed to process the application.

[RAC 2-104(3)]

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

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

initial permit issuance.

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

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

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

any applicable requirements that were promulgated and not incorporated into the

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

form.

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

Facility-Wide Requirements

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

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

permit.

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

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

The permittee shall comply with the following generally applicable recordkeeping

requirements:

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

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

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

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

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

source changes its operations to become an affected source, whichever comes

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

record of the applicability determination shall include an analysis (or other

information) that demonstrates why the permittee believes the source is

unaffected (e.g., because the source is an area source).

[40 CFR 63.10(b)(3)]

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

Changes section of this permit.

2.2. General Reporting Requirements

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

under this permit semiannually, by April 1 and October 1 of each year. The

report due on April 1 shall cover the July 1 - December 31 reporting period of the

previous calendar year. The report due on October 1 shall cover the January 1 June 30 reporting period of the current calendar year. All instances of deviations

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

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

section of this permit.

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

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

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

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

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

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

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

deviation are any of the following:

2.2.2.1.

A situation where emissions exceed an emission limitation or standard;

2.2.2.2.

A situation where process or emissions control device parameter values

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

2.2.2.3.

A situation in which observations or data collected demonstrate

noncompliance with an emission limitation or standard or any work

practice or operating condition required by the permit.

2.2.2.4.

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

Part 64 occurs.

[RAC 1-103(21)]

2.2.3. The permittee shall promptly report to the Tribe deviations from permit

requirements, (including emergencies), including the date, time, duration, and the

probable cause of such deviations, the quantity and pollutant type of excess

emissions resulting from the deviation, and any preventative, mitigation, or

corrective actions or measures taken. Prompt deviation reports shall be submitted

to the following email address: airquality@southernute-nsn.gov

2.2.4.

“Prompt” is defined as follows:

2.2.4.1.

Where the underlying applicable requirement contains a definition of

“prompt” or otherwise specifies a time frame for reporting deviations, that

definition or time frame shall govern.

2.2.4.2.

Where the underlying applicable requirement fails to address the time

frame for reporting deviations, reports of deviations will be submitted

based on the following schedule:

2.2.4.2.1.

For emissions of a hazardous air pollutant or a toxic air pollutant

(as identified in the applicable regulation) that continue for more

than an hour in excess of permit requirements, the report must be

made by email, telephone, verbal, or facsimile communication by

the close of business the next working day, upon discovery of the

occurrence, and in writing within 10 working days from the

occurrence;

2.2.4.2.2.

For emissions of any regulated air pollutant, excluding those listed

in RAC §2-110(7)(b)(i), that continue for more than 2 hours in

excess of permit requirements, the report must be made by email,

telephone, verbal, or facsimile communication by the close of

business the next working day, upon discovery of the occurrence,

and in writing within 10 working days from the occurrence;

2.2.4.2.3.

For all other deviations from permit requirements, the report shall

be contained in the report submitted with the semi-annual

monitoring report.

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

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

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 2111(4) to incorporate any new applicable requirements. The applicable

requirements include, but may not be limited to:

2.3.1.4.1.

Standards of Performance for Stationary Compression Ignition

Internal Combustion at 40 CFR Part 60, Subpart IIII;

2.3.1.4.2.

Standards of Performance for Stationary Spark Ignition Internal

Combustion Engines at 40 CFR Part 60, Subpart JJJJ;

2.3.1.4.3.

National Emission Standard for Hazardous Air Pollutants for

Stationary Reciprocating Internal Combustion Engines at 40 CFR

Part 63, Subpart ZZZZ;

2.3.1.4.4.

Standards of Performance for Stationary Gas Turbines at 40 CFR

Part 60, Subpart GG;

2.3.1.4.5.

Standards of Performance for Stationary Combustion Turbines at

40 CFR Part 60, Subpart KKKK;

2.3.1.4.6.

National Emission Standard for Hazardous Air Pollutants for

Stationary Combustion Turbines at 40 CFR Part 63, Subpart

YYYY;

2.3.1.4.7.

Requirements established in a permit or permits issued pursuant to

the Federal Minor New Source Review Program in Indian Country

at 40 CFR Part 49;

2.3.1.4.8.

Requirements established in a permit or permits issued pursuant to

the Prevention of Significant Deterioration of Air Quality Program

at 40 CFR Part 52; or

2.3.1.4.9.

Requirements established in any promulgated Federal

Implementation Plan that may apply to engines located on the

Southern Ute Indian Reservation.

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

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

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

describe the replacement and any applicable requirement that would apply as a

result of the replacement.

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

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

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

primary thermal oxidizer shall be an allowed alternative operating scenario under

this permit provided that the following conditions are met:

2.3.4.1.

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

the primary thermal oxidizer shall also apply to the backup thermal

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

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

any calendar year.

2.3.4.2.

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

primary thermal oxidizer is operating except periods of transition between

the primary and backup thermal oxidizers. Transition events shall be

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

reported as excess emission events.

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.

Section III – Site Specific Permit Terms

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

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

Part 63

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

Pollutants for Reciprocating Internal Combustion Engines [40 CFR 63.6580 –

63.6675, RAC 4-103]

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

4SRB stationary reciprocating internal combustion engines (RICE) with a site rating of

equal to or less than 500 brake horsepower located at an area source of hazardous air

pollutants (HAPs). Notwithstanding conditions in this permit, the permittee shall comply

with all applicable requirements of 40 CFR Part 63, Subpart A and Subpart ZZZZ.

2.1.1.

Affected Sources

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

63, Subpart ZZZZ:

TS1-3 – Waukesha VRG330 4SRB SI Natural Gas-Fired Generator Engine, 68

Nameplate Rated HP

[40 CFR 63.6585]

2.1.2.

Emission and Operating Limitations

2.1.2.1.

You must comply with the requirements in Table 2d to this subpart that

apply to you.

Table 2d to Subpart ZZZZ of Part 63—Requirements for Existing Stationary RICE Located at Area Sources of

HAP Emissions

As stated in §§63.6603 and 63.6640, you must comply with the following requirements for existing stationary RICE

located at area sources of HAP emissions:

You must meet the following requirement,

For each . . .

During periods of startup you must . . .

except during periods of startup . . .

10. Non-emergency, non- a. Change oil and filter every 1,440 hours of

Minimize the engine's time spent at idle

black start 4SRB

operation or within 1 year + 30 days of the

and minimize the engine's startup time at

stationary RICE ≤500 HP previous change, whichever comes first; 1

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.

b. Inspect spark plugs every 1,440 hours of

operation or within 1 year + 30 days of the

previous inspection, whichever comes first, and

replace as necessary

c. Inspect all hoses and belts every 1,440 hours of

operation or within 1 year + 30 days of the

previous inspection, whichever comes first, and

replace as necessary.

Sources have the option to utilize an oil analysis program as described in §63.6625(i) or (j) in order to extend the

specified oil change requirement in Table 2d of this subpart.

[40 CFR 63.6603(a)]

2.1.3.

General Compliance Requirements

2.1.3.1.

You must be in compliance with the emission limitations, operating

limitations, and other requirements in this subpart that apply to you at all

times.

[40 CFR 63.6605(a)]

2.1.3.2.

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

associated air pollution control equipment and monitoring equipment, in a

manner consistent with safety and good air pollution control practices for

minimizing emissions. The general duty to minimize emissions does not

require you to make any further efforts to reduce emissions if levels required

by this standard have been achieved. Determination of whether such

operation and maintenance procedures are being used will be based on

information available to the Administrator which may include, but is not

limited to, monitoring results, review of operation and maintenance

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

the source.

[40 CFR 63.6605(b)]

2.1.4. Testing and Initial Compliance Requirements

2.1.4.1.

You must operate and maintain the stationary RICE and after-treatment

control device (if any) according to the manufacturer's emission-related

written instructions or develop your own maintenance plan which must

provide to the extent practicable for the maintenance and operation of the

engine in a manner consistent with good air pollution control practice for

minimizing emissions.

[40 CFR 63.6625(e)]

2.1.4.2.

You must minimize the engine's time spent at idle during startup and

minimize the engine's startup time to a period needed for appropriate and

safe loading of the engine, not to exceed 30 minutes, after which time the

emission standards applicable to all times other than startup in Table 2d to

this subpart apply.

[40 CFR 63.6625(h)]

2.1.4.3.

You have the option of utilizing an oil analysis program in order to extend

the specified oil change requirement in Table 2d to this subpart. The oil

analysis must be performed at the same frequency specified for changing

the oil in Table 2d to this subpart. The analysis program must at a minimum

analyze the following three parameters: Total Acid Number, viscosity, and

percent water content. The condemning limits for these parameters are as

follows: Total Acid Number increases by more than 3.0 milligrams of

potassium hydroxide (KOH) per gram from Total Acid Number of the oil

when new; viscosity of the oil has changed by more than 20 percent from

the viscosity of the oil when new; or percent water content (by volume) is

greater than 0.5. If all of these condemning limits are not exceeded, the

engine owner or operator is not required to change the oil. If any of the

limits are exceeded, the engine owner or operator must change the oil within

2 business days of receiving the results of the analysis; if the engine is not

in operation when the results of the analysis are received, the engine owner

or operator must change the oil within 2 business days or before

commencing operation, whichever is later. The owner or operator must keep

records of the parameters that are analyzed as part of the program, the

results of the analysis, and the oil changes for the engine. The analysis

program must be part of the maintenance plan for the engine.

[40 CFR 63.6625(j)]

2.1.5. Continuous Compliance Requirements

2.1.5.1.

You must demonstrate continuous compliance with each emission

limitation, operating limitation, and other requirements in Table 2d to this

subpart that apply to you according to methods specified in Table 6 to this

subpart.

[40 CFR 63.6640(a)]

Table 6 to Subpart ZZZZ of Part 63 - Continuous Compliance with Emission Limitations, and Other Requirements

As stated in §63.6640, you must continuously comply with the emissions and operating limitations and work or management

practices as required by the following:

Complying with the

requirement to . . .

For each . . .

You must demonstrate continuous compliance by . . .

9.Existing non-emergency 4SRB a. Work or Management i. Operating and maintaining the stationary RICE according to the

stationary RICE ≤500 HP located practices

manufacturer's emission-related operation and maintenance

at an area source of HAP

instructions; or

ii. Develop and follow your own maintenance plan which must

provide to the extent practicable for the maintenance and operation

of the engine in a manner consistent with good air pollution

control practice for minimizing emissions.

2.1.5.2.

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

requirements in Table 8 to this subpart that apply to you.

[40 CFR 63.6640]

2.1.6. Notifications, Reports, and Records

2.1.6.1.

You must keep records of the maintenance conducted on the stationary

RICE in order to demonstrate that you operated and maintained the

stationary RICE and after-treatment control device (if any) according to

your own maintenance plan.

[40 CFR 63.6655(e)]

2.1.6.1.1.

In order to demonstrate compliance with the maintenance

requirements, maintenance records will record the information

including, but not limited to, the following:

2.1.6.1.1.1.

Date the maintenance activity occurred

2.1.6.1.1.2.

Hours of engine operation

2.1.6.1.1.3.

Engine serial number

2.1.6.1.1.4.

If an engine oil sample was pulled (if the engine oil analysis

program is allowed under §63.6625(j))

2.1.6.1.1.5.

If the engine oil was replaced

2.1.6.1.1.6.

If the engine oil filter was replaced

2.1.6.1.1.7.

If the belts were inspected or replaced

2.1.6.1.1.8.

If the hoses were inspected or replaced

2.1.6.1.1.9.

If the sparkplugs were inspected or replaced

[RAC 2-110(6)]

2.1.6.2.

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

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

[40 CFR 63.6660(a)]

2.1.6.3.

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)]

2.1.6.4.

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)]

2.1.7. Other Requirements and Information

2.1.7.1.

Table 8 to this subpart shows which parts of the General Provisions in §63.1

through §63.15 apply to you.

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

General provisions citation

§63.1

§63.2

§63.3

§63.4

§63.5

Subject of citation

General applicability of the

General Provisions

Definitions

Units and abbreviations

Prohibited activities and

circumvention

Construction and

reconstruction

Applies to subpart

Explanation

Yes.

Yes

Yes.

Additional terms defined in §63.6675.

§63.6(a)

§63.6(b)(1)-(4)

§63.6(b)(5)

§63.6(b)(7)

§63.6(c)(1)-(2)

§63.6(c)(5)

§63.6(f)(2)

§63.6(f)(3)

§63.6(g)(1)-(3)

§63.6(i)

§63.6(j)

§63.7(a)(1)-(2)

§63.7(a)(3)

§63.7(b)(1)

Applicability

Yes.

Compliance dates for new and Yes.

reconstructed sources

Notification

Yes.

Compliance dates for new and Yes.

reconstructed area sources that

become major sources

Compliance dates for existing Yes.

sources

Compliance dates for existing Yes.

area sources that become

major sources

Methods for determining

Yes.

compliance

Finding of compliance

Yes.

Use of alternate standard

Yes.

Compliance extension

Yes.

procedures and criteria

Presidential compliance

Yes.

exemption

Performance test dates

Yes

Yes.

Yes

§63.7(b)(2)

CAA section 114 authority

Notification of performance

test

Notification of rescheduling

§63.7(c)

Quality assurance/test plan

Yes

§63.7(d)

§63.7(e)(2)

Testing facilities

Yes.

Conduct of performance tests Yes

and reduction of data

Test run duration

Yes.

Administrator may require

Yes.

other testing under section 114

of the CAA

Alternative test method

Yes.

provisions

Performance test data analysis, Yes.

recordkeeping, and reporting

Waiver of tests

Yes.

Applicability of monitoring

Yes

requirements

§63.7(e)(3)

§63.7(e)(4)

§63.7(f)

§63.7(g)

§63.7(h)

§63.8(a)(1)

§63.8(a)(2)

§63.8(b)(1)

§63.8(b)(2)-(3)

Yes

Performance specifications

Yes.

Monitoring

Yes.

Multiple effluents and multiple Yes.

monitoring systems

Subpart ZZZZ contains performance

test dates at §§63.6610, 63.6611, and

63.6612.

Except that §63.7(b)(1) only applies as

specified in §63.6645.

Except that §63.7(b)(2) only applies as

specified in §63.6645.

Except that §63.7(c) only applies as

specified in §63.6645.

Subpart ZZZZ specifies test methods

at §63.6620.

Subpart ZZZZ contains specific

requirements for monitoring at

§63.6625.

§63.8(c)(1)

§63.8(c)(1)(ii)

§63.8(c)(2)-(3)

§63.8(c)(4)

Monitoring system operation Yes.

and maintenance

SSM not in Startup Shutdown Yes.

Malfunction Plan

Monitoring system installation Yes.

Continuous monitoring system Yes

(CMS) requirements

§63.8(c)(6)-(8)

CMS requirements

§63.8(d)

§63.8(e)

CMS quality control

Yes.

CMS performance evaluation Yes

§63.8(f)(1)-(5)

Alternative monitoring method Yes

§63.8(f)(6)

Alternative to relative

accuracy test

Data reduction

Yes

Applicability and State

delegation of notification

requirements

Initial notifications

Yes.

Request for compliance

extension

Notification of special

compliance requirements for

new sources

Notification of performance

test

Notification of performance

evaluation

Notification that criterion for

alternative to RATA is

exceeded

Yes

§63.8(g)

§63.9(a)

§63.9(b)(1)-(5)

§63.9(c)

§63.9(d)

§63.9(e)

§63.9(g)(1)

§63.9(g)(3)

§63.9(h)(1)-(6)

Notification of compliance

status

Yes

Except that subpart ZZZZ does not

require Continuous Opacity

Monitoring System (COMS).

Except that subpart ZZZZ does not

require COMS.

Except for §63.8(e)(5)(ii), which

applies to COMS.

Except that §63.8(e) only applies as

specified in §63.6645.

Except that §63.8(f)(4) only applies as

specified in §63.6645.

Except that §63.8(f)(6) only applies as

specified in §63.6645.

Except that provisions for COMS are

not applicable. Averaging periods for

demonstrating compliance are

specified at §§63.6635 and 63.6640.

Except that §63.9(b)(3) is reserved.

Except that §63.9(b) only applies as

specified in §63.6645.

Except that §63.9(c) only applies as

specified in §63.6645.

Except that §63.9(d) only applies as

specified in §63.6645.

Except that §63.9(e) only applies as

specified in §63.6645.

Except that §63.9(g) only applies as

specified in §63.6645.

If alternative is in use.

Except that §63.9(g) only applies as

specified in §63.6645.

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

Change in previous

information

Electronic reporting

procedures

§63.9(j)

§63.9(k)

§63.10(a)

§63.10(b)(2)(vi)-(xi)

§63.10(b)(2)(xii)

§63.10(b)(2)(xiii)

§63.10(b)(2)(xiv)

§63.10(b)(3)

§63.10(c)

§63.10(d)(1)

§63.10(d)(2)

§63.10(d)(4)

§63.10(e)(1) and (2)(i)

§63.10(e)(3)

§63.12

§63.13

§63.14

§63.15

Yes.

Administrative provisions for Yes.

recordkeeping/reporting

Record retention

Yes

§63.10(b)(1)

§63.10(f)

Yes.

Records

Yes.

Record when under waiver

Yes.

Records when using

Yes

alternative to RATA

Records of supporting

Yes.

documentation

Records of applicability

Yes.

determination

Additional records for sources Yes

using CEMS

General reporting

Yes.

requirements

Report of performance test

Yes.

results

Progress reports

Yes.

Additional CMS Reports

Yes.

Excess emission and

Yes.

parameter exceedances reports

Waiver for

Yes.

recordkeeping/reporting

State authority and delegations Yes.

Addresses

Yes.

Incorporation by reference

Yes.

Availability of information

Yes.

Only as specified in §§ 63.9 (j),

63.6620, 63.6625, 63.6645, and

63.6650.

Except that the most recent 2 years of

data do not have to be retained on site.

For CO standard if using RATA

alternative.

Except that §63.10(c)(2)-(4) and (9)

are reserved.

Except that §63.10(e)(3)(i) (C) is

reserved.

Reserved – Tribal Minor New Source Review

Prevention of Significant Deterioration Requirements

4.1. 40 CFR Part 52.21 PSD Engine Requirements [PSD Permit # PSD-SU-0006-95.01

and RAC 2-110(6) and RAC 2-110(6) and (7)]

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

conditions of the PSD Permit #PSD-SU-0006-95.01.

4.1.1. PSD Permit #PSD-SU-006-95.01 applies to the following emission units:

TS1-11 – Waukesha L5790-GSI (4SRB SI) Natural Gas-Fired Compressor Engine,

1,215 Nameplate Rated HP

TS1-21 – Waukesha L5790-GSI (4SRB SI) Natural Gas-Fired Compressor Engine,

1,215 Nameplate Rated HP

TS1-3 – Waukesha VRG-330 (4SRB SI) Natural Gas-Fired Generator Engine, 68

Nameplate Rated HP

TS1-43 – Waukesha F11G (4SRB SI) Natural Gas-Fired Pump Engine, 105

Nameplate Rated HP

TS1-5 – Tank Heater #1, 500 MBtu/hr

TS1-6 – Tank Heater #2, 500 MBtu/hr

TS1-71 – Tank Reboiler #1, 500 MBtu/hr

TS1-8 – Fugitives

TS1-92 – Waukesha F18-GL Pump Engine, 375 Nameplate Rated HP

Emission units TS-1, TS1-2, TS1-7 have been permanently disconnect from the process since 2014.

Emission unit TS1-9 has been shut down and permanently removed from the facility.

Emission unit TS1-4 has been air gapped since 2020. However, this engine remains in the Part 70

permit as it is still listed in the PSD permit for this facility.

4.1.2. Emission Limitations

4.1.2.1.

Unit ID

The Applicant shall limit emissions from the source to those in the table

below.

PSD Emission Limits

NOx

Emission Factor (lbs/hr)

1.0 g-hp-hr

2.7

1.0 g-hp-hr

2.7

7.5 g/hp-hr

1.1

20.7 g/hp-hr

4.8

95.0 lb/MMscf

0.05

95.0 lb/MMscf

0.05

95.0 lb/MMscf

0.05

VOC

Emission Factor (lbs/hr)

TS1-11

0.013 g/hp-hr

0.03

TS1-21

0.013 g/hp-hr

0.03

TS1-3

0.036 g/hp-hr

<0.01

TS1-43

0.053 g/hp-hr

0.01

TS1-5

0.101 lb/MMscf <0.01

TS1-6

0.101 lb/MMscf <0.01

TS1-71

0.101 lb/MMscf <0.01

TS1-8

0.4

TS1-92

2.6 g/hp-hr

2.1

9.4

1.75 g/hp-hr

1.4

6.3

0.013 g/hp-hr

0.01

Totals

13.55

59.36

26.83 117.45

0.48

Emission units TS-1, TS1-2, TS1-7 have been permanently disconnected from the process since 2014.

Emission unit TS1-9 has been shut down and permanently removed from the facility.

(tpy)

11.7

4.9

21.0

0.22

Emission Factor (lbs/hr)

2.0 g/hp-hr

5.4

2.0 g/hp-hr

5.4

45.0 g/hp-hr

6.7

34.0 g/hp-hr

7.9

19.95 lb/MMscf

0.01

19.95 lb/MMscf

0.01

19.95 lb/MMscf

0.01

(tpy)

23.5

29.5

34.5

0.05

(tpy)

0.15

0.02

0.05

<0.01

1.74

0.05

2.15

Emission unit TS1-4 has been air gapped since 2020. However, this engine remains in the Part 70 permit as it is still

listed in the PSD permit for this facility.

PSD Emission Limits (Continued)

Unit ID

SO2

Emission Factor (lbs/hr)

0.002 g/hp-hr

<0.01

0.002 g/hp-hr

<0.01

0.002 g/hp-hr

<0.01

0.002 g/hp-hr

<0.01

0.57 lb/MMscf

<0.01

0.57 lb/MMscf

<0.01

0.57 lb/MMscf

<0.01

PM10

(tpy) Emission Factor (lbs/hr)

0.02

0.01 g/hp-hr

0.03

0.02

0.01 g/hp-hr

0.03

<0.01

0.01 g/hp-hr

<0.01

0.01 g/hp-hr

<0.01

<0.01 11.4 lb/MMscf

0.01

<0.01 11.4 lb/MMscf

0.01

<0.01 11.4 lb/MMscf

0.01

(tpy)

TS1-11

0.12

TS1-2

0.12

TS1-3

0.01

TS1-43

0.01

TS1-5

0.03

TS1-6

0.03

TS1-71

0.03

TS1-8

TS1-92

0.002 g/hp-hr

<0.01

0.01

0.01 g/hp-hr

0.01

0.04

Totals

<0.01

0.04

0.1

0.39

Emission units TS-1, TS1-2, TS1-7 have been permanently disconnected from the

process since 2014.

Emission unit TS1-9 has been shut down and permanently removed from the facility.

Emission Unit TS1-4 has been air gapped since 2020. However, this engine remains

in the Part 70 permit as it is still listed in the PSD permit for this facility.

4.1.3. Maintenance and Operation Requirements

4.1.3.1.

At all times, including periods of startup (expect for replacement /

overhauled engines), shut-down, and equipment malfunction, the Source,

to the extent practical, shall be maintained and operated in a manner

consistent with good air pollution control practices for minimizing

emissions.

Determination of whether acceptable operating and

maintenance procedures are being used will be based on information

available to the Administrator, which may include, but not be limited to

monitoring results, review of operating and maintenance procedures,

manufacturer’s specifications, industry practices, or inspection of the

Source.

4.1.4. Testing Requirements

4.1.4.1.

Compliance with emissions limits of PSD Permit #PSD-SU-0006-95.01 for

any engine type (except for the Waukesha VRG330 model for which testing

is not required) may be determined by emission tests, when required by

EPA. The engine testing protocol approved by EPA and used for the initial

compliance tests shall be used by the Applicant during and emission tests,

unless the Applicant chooses to use a different engine Testing Protocol.

Any other engine Testing Protocols, not approved by EPA, must be

submitted to EPA for approval prior to performing emissions tests.

4.1.4.2.

These emission tests shall be performed in accordance with the test methods

specified in 40 CFR Part 60, Appendix A. EPA Reference Method 7 shall

be used to measure NOx emissions and EPA Reference Method 10 shall be

used to measure CO emissions, unless alternative methods are approved by

the Administrator.

4.1.4.3.

The Applicant shall provide EPA and the Tribe with at least 30

(thirty) calendar days prior notice (in writing) of any emissions test required

by this permit, in order to give EPA the opportunity to observe the test;

unless a shorter timeframe is agreed upon by the Applicant and EPA.

4.1.5. Monitoring Requirements

4.1.5.1.

The Applicant shall measure NOx and CO emissions from the controlled

(Units TS1-1, TS1-2, and TS1-9) compressor engines at least once every

calendar quarter beginning the first calendar quarter after the Applicant’s

submittal of initial compliance test results to EPA. Upon demonstration of

compliance with the permit limits set forth in Table I of PSD Permit #PSDSU-0006-95.01 for six consecutive calendar quarters, the Applicant may

conduct the NOx and CO monitoring for these engines on a semi-annual

basis.

4.1.5.2.

The Applicant shall measure NOx and CO emissions from the uncontrolled

Waukesha F11-G engine (Unit TS1-4) at least once every semi-annual

period (January 1 – June 30 and July 1 – December 31). Beginning the first

semi-annual period after the Applicant’s submittal of initial compliance

test results to EPA.

4.1.5.3.

To meet the monitoring requirements above, the Applicant shall measure

the NOx and CO emissions from the engine using a portable analyzer and

the monitoring protocol approved by EPA.

4.1.5.4.

The Applicant shall not conduct NOx and CO emissions monitoring on the

engines that have not been operated during the specified monitoring period.

The Applicant must certify that the engine(s) did not operate during the

specified monitoring period and maintain this certification in accordance

with the recordkeeping requirements listed in Permit #PSD-SU-0006-95.01.

4.1.6. Recordkeeping Requirements

4.1.6.1.

The Applicant shall keep a record of all emissions monitoring and

compliance tests required by Permit #PSD-SU-0006-95.01. The record

shall include:

4.1.6.1.1.

The date, place, and time of sampling or monitoring;

4.1.6.1.2.

The date(s) the analyses were performed;

4.1.6.1.3.

The company of entity that performed the analyses;

4.1.6.1.4.

The analytical techniques or methods used;

4.1.6.1.5.

The results of such analyses; and

4.1.6.1.6.

The operating conditions that existed at the time of sampling or

monitoring.

4.1.6.2.

The Applicant shall retain records of all required monitoring data and

support information, reports, notifications, testing, monitoring,

measurements, observations, and maintenance activities compiled in

accordance with this permit for a period of at least five (5) years from the

date of the monitoring sample, measurement, report, or record. Support

information includes all calibration and maintenance records and all

original strip-chart recordings for continuous monitoring instrumentation.

This data must be available upon request for inspection by the Tribe and

EPA and must be submitted to the Tribe and EPA.

4.1.7. Reporting Requirements

4.1.7.1.

The Applicant shall submit a written report of any initial compliance test

results for replacement / overhauled engines installed at the Source and for

any engine compliance tests required by EPA. This emissions test report

shall be submitted to EPA along with the next semiannual monitoring

results report due to be submitted and referenced in the section below.

4.1.7.2.

The Applicant shall submit a written report containing the emissions

monitoring results for Units TS1-1, TS1-2, TS1-4, and TS1-9. This report

shall be submitted semi-annually to the Tribe and EPA by April 1 and

October 1 of each year. The reporting period for the April 1 report is July

1 – December 31 and the reporting period for the October 1 report is January

1 – June 30. All instances of deviations from permit requirements must be

clearly identified in such reports. All required reports must be certified by

a responsible official consistent with the Submissions section of this

permit.

4.1.7.3.

Except for replacement / overhauled engines, the Applicant shall keep a

record of any excess emissions that occur during periods of startup, shutdown, equipment malfunction, or upset conditions, for any reason.

Malfunction is defined as any sudden, infrequent, and not reasonably

preventable failure of air pollution control equipment, process equipment,

or a process to operate in a normal or usual manner. Failures that are caused

in part by poor maintenance or careless operation are not malfunctions. For

each occurrence of excess emissions, all of the following shall be provided

to EPA and the Tribe in writing and submitted with the semi-annual reports:

4.1.7.3.1.

The identity of the stack or emission point where excess emissions

occurred;

4.1.7.3.2.

The magnitude of excess emissions expressed in terms of this permit

condition

4.1.7.3.3.

The time and duration of excess emissions;

4.1.7.3.4.

The reason(s) for the excess emissions;

4.1.7.3.5.

Steps and procedures taken to minimize excess emissions;

4.1.7.3.6.

Steps and procedures taken or anticipated to be taken to prevent

reoccurrence of excess emissions.

4.1.7.4.

Even if the reporting and other requirements of this section are satisfied, the

Source will be considered to be in violation of the permit if EPA or the Tribe

determines that the information submitted does not evidence a malfunction,

upset condition, startup, or shut-down and the Source exceeded the emission

limits of the permit.

4.1.8. Emission Inventory

4.1.8.1.

The Applicant shall submit an annual emission inventory for the Source to

EPA and the Tribe by April 1st of each year for all point source air

emissions released during the period of January 1 to December 31 of the

previous year.

4.1.8.2.

The emissions inventory shall contain the information listed below:

4.1.8.2.1.

Year of record for emissions

4.1.8.2.2.

Plant name

4.1.8.2.3.

Plant location/street address

4.1.8.2.4.

City, State, and zip code

4.1.8.2.5.

Plant latitude

4.1.8.2.6.

Plant longitude

4.1.8.2.7.

UTM description (section, township, range)

4.1.8.2.8.

Primary SIC code

4.1.8.2.9.

SCC number

4.1.8.2.10.

Principal product

4.1.8.2.11.

Plant contact and telephone number

4.1.8.2.12.

Estimated hours of operation per year of each point source

4.1.8.2.13.

Estimated amount of fuel consumed by each point source

4.1.8.2.14.

Stack height (ft) of each point source

4.1.8.2.15.

Stack diameter (ft) of each point source

4.1.8.2.16.

Temperatures of exit gases (degrees F) from engine stacks

4.1.8.2.17.

Exhaust gas flow rate (ACFM) from each engine stack

4.1.8.2.18.

Exit gas velocity (ft/sec) from each engine stack

4.1.8.2.19.

CAS code for each pollutant

4.1.8.2.20.

Measured emissions (lbs/day and TPY) for each point source that is

tested

4.1.8.2.21.

Calculated emissions (lbs/day and TPY) for each point source not

tested

4.1.8.2.22.

Emission factors used to calculate emissions

4.1.8.2.23.

Permit emission limits (lbs/day and TPY) for each point source

4.1.8.2.24.

Point source design capacity (i.e. engine brake horsepower and

burner Btu rating)

4.1.8.2.25.

Actual average point source capacity operation (i.e. engine’s derated

brake horsepower)

4.1.8.2.26.

Type of control device and its efficiency for each point source (if

applicable)

4.1.8.2.27.

Hours of uncontrolled operation of engines due to engine

replacement/overhaul

4.1.9. Compressor Engine Replacement / Overhaul

4.1.9.1.

The Applicant may replace an existing permitted engine requiring a

complete overhaul with a new or overhauled engine of the same make,

model, horsepower rating, and configuration. Such a like-kind replacement

engine will be configured for operation in the same manner as the engine

being replaced. Each like-kind replacement engine shall have equivalent

types of air emissions control devices installed as the engine being replaced

including, but not limited to, non-selective catalytic reduction (NSCR)

devices and air-to-fuel ratio controllers.

4.1.9.2.

The Applicant shall be allowed to operate the replacement / overhauled

engine without the use of the catalytic converter assembly for a period not

to exceed 200 hours from engine startup, unless a longer time period has

been approved by EPA or the Tribe, in writing. The applicant shall keep a

record of the number of hours of operation of the uncontrolled replacement

/ overhauled engine and submit this information to EPA and the Tribe with

the initial compliance demonstration test report.

4.1.9.3.

The Applicant shall conduct a compliance demonstration test on the

replacement / overhauled engine. The compliance demonstration shall

measure NOx and CO emissions from the replaced / overhauled engine

using a portable analyzer and monitoring protocol approved by EPA. This

demonstration shall be conducted within 60 (sixty) calendar days of engine

startup.

4.1.9.4.

The Applicant shall provide notice to EPA and the Tribe of such compliance

demonstration testing in accordance with the conditions of this permit. The

Applicant shall adhere to the recordkeeping and reporting requirements of

this permit for the compliance demonstration of the replacement /

overhauled engine.

Reserved – Consent Decree Requirements

Reserved – Compliance Assurance Monitoring (CAM) Requirements

Enhanced Monitoring, Recordkeeping, and Reporting

7.1. Any documents required to be submitted under this Title V operating permit,

including but not limited to, reports, test data, monitoring data, notifications,

compliance certifications, fee calculation worksheets, and applications for renewals

and permit modifications shall be submitted to the Tribe:

by email at: airqualty@southernute-nsn.gov

or by United States Postal Service:

or by Common Carrier:

Part 70 Program

Environmental Programs Department

Air Quality Division

P.O. Box 737 MS #84

Ignacio, Colorado 81137

Part 70 Program

Environmental Programs Department

Air Quality Division

398 Ouray Drive

Ignacio, CO 81137

Section IV – Appendix

Inspection Information

1.1. Driving Directions:

Drive north on NM 511 past Navajo Dam to approximately mile marker 28.6. Turn left

at cattle guard (near the top of La Boca hill). Drive approximately 1.6 miles and turn right

immediately crossing the cattle guard, which is the New Mexico – Colorado State line.

Drive approximately ¼ mile to “Y” in road and keep left. Travel approximately one mile

going down a very steep hill and turn right. Travel approximately ½ mile to the Treating

Site #1 Compressor Station.

1.2. Global Positioning System (GPS):

Latitude: 37.015784 °N

Longitude: -107.664496 °W

1.3. Safety Considerations:

All visitors to the Treating Site #1 Compressor Station wear a hard hat, safety glasses,

safety footwear, hearing protection, and fire-retardant clothing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.