AIR QUALITY DIVISION (2023)

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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

March 12, 2024

Ms. Julie Best

Environmental Specialist

SIMCOE, LLC

1199 Main Ave, Suite 101

Durango, CO 81301

Re:

Final Part 70 Operating Permit

Title V Permit #V-SUIT-0008-2023.00

SIMCOE, LLC

Four Queens Central Delivery Point

Dear Ms. Best:

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

request to renew a Title V Permit to Operate pursuant to the Title V Operating Permit Program at 40 CFR

Part 70, for the Four Queen 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 March 12, 2024.

A 30-day public comment period was held from November 22, 2023 to December 22, 2023. The Tribe

received no comments from SIMCOE, LLC during this time and no comments were received from the

public, affected states, or tribes.

A 45-day Administrative Review period at EPA Region 8 was held from January 26, 2024 to March 11,

2024. No comments were received from EPA Region 8 during this review period.

During the Administrative Review period, the Tribe identified the need to remove the emergency

affirmative defense provisions from the permit, due to the EPA’s finalization on August 21, 2023, of the

rulemaking titled Removal of Title V Emergency Affirmative Defense Provisions From State Operating

Permit Programs and Federal Operating Permit Program. The final rulemaking required permitting

authorities with affirmative defense permit terms based on 40 CFR 70.6(g), to remove the affirmative

defense provisions from Title V operating permits by the next permit renewal that occurs following the

effective date of the EPA rulemaking. EPA Region 8 was notified of this change to the draft permit.

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 Program Manager – Permitting & Regulatory

Southern Ute Indian Tribe

Cc: Adam Eisele – EPA Part 70 Permit Program Oversight Lead – US EPA Region 8

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

Four Queens 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 26 T33N R11W

La Plata County, Colorado

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

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

under the Clean Air Act.

Daniel Powers, Air Quality Division Head

Environmental Programs Department

Southern Ute Indian Tribe

AIR POLLUTION CONTROL

TITLE V PERMIT TO OPERATE

SIMCOE, LLC

Four Queens Central Delivery Point

SUIT Account Identification Code: 3-002

Permit Number: V-SUIT-0008-2023.00

[Replaces Permit No.: V-SUIT-0008-2018.01]

Issue Date:

Effective Date:

Expiration Date:

March 12, 2024

March 12, 2029

The SUIT account identification code and permit number cited above should be referenced in future

correspondence regarding this facility.

Permit Issuance History

DATE

TYPE OF

ACTION

DESCRIPTION OF ACTION

PERMIT NUMBER

March 2000

Initial Part 71

Permit Issued

V-SU-0008-00.00

January 2007

1st Renewal

Permit Issued

V-SU-0008-05.00

September 2007

Administrative

Amendment

V-SU-0008-05.01

January 2008

Administrative

Amendment

V-SU-0008-05.02

September 2013

Initial Part 70

Permit Issued

V-SUIT-0008-2013.00

August 17, 2018

1st Tribal Renewal

Permit Issued

V-SUIT-0008-2018.00

December 30, 2020

Permit Revision

March 12, 2024

2nd Tribal

Renewal Permit

Issued

•

Administrative Revision

Change of ownership from BP America

Production Company to SIMCOE, LLC.

V-SUIT-0008-2018.01

Removed affirmative defense provisions

(Section II.1.13)

V-SUIT-0008-2023.00

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] .......................................................................................................................7

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.

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

and 2-106(3)]......................................................................................................................................................14

Facility-Wide Requirements...........................................................................................................................15

2.1.

General Recordkeeping Requirements [RAC 2-110(6)] .......................................................................15

2.2.

General Reporting Requirements ........................................................................................................15

2.3.

Alternative Operating Scenarios [RAC 2-110(8)] .................................................................................17

2.4.

Permit Shield [RAC 2-110(10)(c)] .........................................................................................................19

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 ZZZZ – National Emission Standards for Hazardous Air Pollutants for

Reciprocating Internal Combustion Engines [40 CFR 63.6580 – 63.6675 and RAC 4-103] ................................21

2.2.

40 CFR Part 63, Subpart HH - National Emission Standards for Hazardous Air Pollutants from Oil and

Natural Gas Production Facilities [40 CFR 63.760 – 63.774 and RAC 4-103] .....................................................34

Reserved – Tribal Minor New Source Review ................................................................................................35

Reserved – Prevention of Significant Deterioration Requirements ...............................................................35

Reserved – Consent Decree Requirements ....................................................................................................35

Reserved – Compliance Assurance Monitoring (CAM) Requirements ...........................................................35

Enhanced Monitoring, Recordkeeping, and Reporting..................................................................................35

Section IV – Appendix .......................................................................................................................................... 36

Inspection Information ..................................................................................................................................36

1.1.

Driving Directions: ...............................................................................................................................36

1.2.

Global Positioning System (GPS): .........................................................................................................36

1.3.

Safety Considerations: .........................................................................................................................36

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

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

iii

Tribe

US EPA

VOC

Southern Ute Indian Tribe

United States Environmental Protection Agency

Volatile Organic Compounds

Table of Figures

Table 1 - Emission Units................................................................................................................. 2

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

Section I – Source Information and Emission Unit Identification

1. 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

SIMCOE, LLC

Four Queens Central Delivery Point

Section 26, T33N R11W

37.069597° N

-108.002985° W

Colorado

La Plata

Area Manager, Midstream

1311

SU00000008067U0001

110055566365

None

Process Description:

Four Queens Central Delivery Point is a natural gas compression facility located within the

exterior boundaries of the Southern Ute Indian Reservation in southwestern Colorado. The

facility was installed in 1997 to provide field compression. The Fruitland natural gas wells

produce coal bed methane which is a mixture of approximately 78% methane and 15% carbon

dioxide. This gas mixture is water vapor saturated. The natural gas coming into the central

delivery point is at approximately 15 psig and 65 degrees Fahrenheit. These wells do not produce

any condensate or natural gas liquids and the VOC content of the inlet gas is approximately 5 %

by weight.

The natural gas enters the facility and passes through an inlet separator to remove any free liquid

water in the gas stream by gravity. The gas stream then passes to a distribution header, which

distributes the gas to one of two compressors that boost the gas pressure to approximately 350

psi. The gas then passes to a glycol absorber column where it contacts a triethylene glycol

solution. The purpose of this contact is to remove water vapor in the gas. The gas is then metered

and custody transferred to a third party gathering system for transportation to interstate markets.

The primary source of emissions is from the facility's two natural gas-fired four-stroke lean-bum

(4SLB) spark ignition (SI) compressor engines, one natural gas-fired four-stroke rich-bum

(4SRB) SI generator engine, and one triethylene glycol dehydrator. Current production at this

facility is about 10 MMscfd.

2. Source Emission Points

Table 1 - Emission Units

Emission

Unit ID

Control

Equipment

Description

Caterpillar G3608TALE (4SLB SI) Natural Gas-Fired Compressor Engines

2,225 Nameplate Rated HP

Unit 1

Serial No.

4WF00064

Install Date:

1998

Unit 2

Serial No.

4WF00065

Install Date:

1998

Caterpillar G3306NA (4SRB SI) Natural Gas-Fired Generator Engine

145 Nameplate Rated HP

Gen1

Serial No.

07Y06117

Install Date:

None

NSCR Catalyst

1997

Triethylene Glycol (TEG) Dehydrator Regenerator and Flash Tank Vent

40 MMscf/d

Dehy1

Serial No.

N/A

Install Date:

None

1997

Table 2 - Insignificant Emission Units

Emission Unit ID

Amount

Description

Size

Units

IEU-1, IEU-2

IEU-3

IEU-4

IEU-5

IEU-6

IEU-7

IEU-9

IEU-10

IEU-11

IEU-12

IEU-13

IEU-14

IEU-15

IEU-16

IEU-17

N/A

Triethylene Glycol (TEG) Dehydration Reboilers

TEG Tank

Lube Oil Tanks

Lube Oil Tank

Ethylene Glycol (EG) / Water Tank (50/50 mixture)

Waste Oil Tank

Compressor Drip Tank

Chemical Tanks

Fugitives

Catalytic Heater

Waste Oil Tank

Dye Diesel Tank

Methanol Tank

0.375

500

100

500

100

N/A

500

300

MMBtu/hr

gal

bbl

gal

bbl

gal

N/A

MBtu/hr

gal

Section II – General Requirements

1. 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 tons per year

1.1.6.3.2.

Any emissions that come from insignificant activities not required

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

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

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

completeness by a responsible official.

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

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 (https://www.southernute-nsn.gov/government/departments/epd/airquality/).

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 §

2-111; 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), 2107(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)]

2. 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 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 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 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

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

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

Part 63

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

Air Pollutants for Reciprocating Internal Combustion Engines [40 CFR 63.6580 –

63.6675 and RAC 4-103]

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

existing four-stroke rich-burn (4SRB) stationary reciprocating internal combustion

engines (RICE) with a site rating of equal to or less than 500 brake horsepower located

at a major source of hazardous air pollutants (HAPs). Notwithstanding conditions in

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

63, subparts A and ZZZZ.

2.1.1.

Affected Sources

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

63, Subpart ZZZZ:

Gen1 – 121 site-rated hp, Caterpillar G3306NA (4SRB SI) natural gas-fired

generator engine constructed or reconstructed before June 12, 2006.

[40 CFR 63.6585]

2.1.2.

Emission and Operating Limitations

2.1.2.1.

If you own or operate an existing stationary RICE with a site rating of

equal to or less than 500 brake HP located at a major source of HAP

emissions, you must comply with the emission limitations and other

requirements in Table 2c to this subpart which apply to you. Compliance

with the numerical emission limitations established in this subpart is based

on the results of testing the average of three 1-hour runs using the testing

requirements and procedures in §63.6620 and Table 4 to this subpart.

[40 CFR 63.6602]

Table 2c to Subpart ZZZZ of Part 63—Requirements for Existing Spark Ignition Stationary

RICE ≤500 HP Located at a Major Source of HAP Emissions

You must meet the following

During periods of startup

For Each…

requirement, except during periods

you must…

of startup…

11. Non-emergency, non-black

Limit concentration of formaldehyde in

Minimize the engine's time

start 4SRB stationary RICE

the stationary RICE exhaust to 10.3

spent at idle and minimize

100≤HP≤500

ppmvd or less at 15 percent O2.

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.3

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

practices.

2.1.3. General Compliance Requirements

2.1.3.1.

You must be in compliance with the emission limitations, operating

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

times.

2.1.3.2.

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

associated air pollution control equipment and monitoring equipment, in a

manner consistent with safety and good air pollution control practices for

minimizing emissions. The general duty to minimize emissions does not

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

required by this standard have been achieved. Determination of whether

such operation and maintenance procedures are being used will be based

on information available to the Administrator which may include, but is

not limited to, monitoring results, review of operation and maintenance

procedures, review of operation and maintenance records, and inspection

of the source.

[40 CFR 63.6605]

2.1.4.

Testing and Initial Compliance Requirements

2.1.4.1.

You must conduct any initial performance test or other initial compliance

demonstration according to Tables 4 and 5 to this subpart that apply to you

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

stationary RICE in §63.6595 and according to the provisions in

§63.7(a)(2).

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

Complying with the

According to the following

For each…

You must…

Using…

requirement to…

requirements…

3. Stationary

a. limit the

i. Select the

(a) For formaldehyde, O2, and

RICE

concentration of

sampling port

moisture measurement, ducts ≤6

formaldehyde in the location and the

inches in diameter may be sampled

stationary RICE

number/location

at a single point located at the duct

exhaust

of traverse points

centroid and ducts >6 and ≤12

at the exhaust of

inches in diameter may be sampled

the stationary

at 3 traverse points located at 16.7,

RICE; and

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, 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

(a) Measurements to determine O2

O2 concentration or 3A or 3B of

concentration must be made at the

of the stationary

40 CFR part

same time and location as the

RICE exhaust at

60, appendix

measurements for formaldehyde

the sampling port A-2, or ASTM

concentration.

location; and

Method

D6522-00

(Reapproved

2005)a (heated

probe not

necessary)

iii. Measure

(1) Method 4

(a) Measurements to determine

moisture content

of 40 CFR part

moisture content must be made at

of the stationary

60, appendix

the same time and location as the

RICE exhaust at

A-3, or

measurements for formaldehyde

the sampling port

Method 320 of

concentration.

location; and

40 CFR part

63, appendix

A, or ASTM D

6348-03a

iv. Measure

(1) Method

(a) Formaldehyde concentration

formaldehyde at

320 or 323 of

must be at 15 percent O2, dry

the exhaust of the 40 CFR part

basis. Results of this test consist of

stationary RICE;

63, appendix

the average of the three 1-hour or

A; or ASTM

longer runs.

D6348-03a,

provided in

ASTM D634803 Annex A5

(Analyte

Spiking

Technique),

the percent R

must be greater

than or equal

to 70 and less

than or equal

to 130

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.

You may obtain a copy of ASTM-D6348-03 from at least one of the following addresses: American Society for

Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms

International, 300 North Zeeb Road, Ann Arbor, MI 48106.

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

Limitations, and Other Requirements

Complying with the

You have demonstrated initial

For each…

requirement to…

compliance if…

12. Existing non-emergency

a. Limit the concentration of

i. The average formaldehyde concentration,

stationary RICE 100≤HP≤500

formaldehyde in the stationary as applicable, corrected to 15 percent O2,

located at a major source of

RICE exhaust

dry basis, from the three test runs is less

HAP

than or equal to the formaldehyde emission

limitation, as applicable.

2.1.4.2.

An owner or operator is not required to conduct an initial performance test

on a unit for which a performance test has been previously conducted, but

the test must meet all of the conditions described in the paragraphs below:

2.1.4.2.1.

The test must have been conducted using the same methods

specified in this subpart, and these methods must have been

followed correctly.

2.1.4.2.2.

The test must not be older than 2 years.

2.1.4.2.3.

The test must be reviewed and accepted by the Administrator.

2.1.4.2.4.

Either no process or equipment changes must have been made

since the test was performed, or the owner or operator must be able

to demonstrate that the results of the performance test, with or

without adjustments, reliably demonstrate compliance despite

process or equipment changes.

[40 CFR 63.6612]

2.1.4.3.

If you must comply with the emission limitations and operating

limitations, you must conduct subsequent performance tests as specified in

Table 3 of this subpart. Table 3 of Subpart ZZZZ does not require

subsequent performance testing for existing 4SRB stationary RICE with a

site-rating of less than 500 HP located at a major source of HAP.

[40 CFR 63.6615]

2.1.4.4.

You must conduct each performance test in Table 4 of this subpart that

applies to you.

2.1.4.5.

Each performance test must be conducted according to the requirements

that this subpart specifies in Table 4 to this subpart. If you own or operate

a non-operational stationary RICE that is subject to performance testing,

you do not need to start up the engine solely to conduct the performance

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

performance test when the engine is started up again.

2.1.4.6.

You must conduct three separate test runs for each performance test

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

at least 1 hour, unless otherwise specified in Subpart ZZZZ.

2.1.4.7.

You must normalize the CO, THC, or formaldehyde concentrations at the

inlet and outlet of the control device to a dry basis and to 15 percent

oxygen, or an equivalent percent carbon dioxide (CO2). If pollutant

concentrations are to be corrected to 15 percent oxygen and CO2

concentration is measured in lieu of oxygen concentration measurement, a

CO2 correction factor is needed. Calculate the CO2 correction factor as

described in the paragraphs below:

2.1.4.7.1.

Calculate the fuel-specific Fo value for the fuel burned during the

test using values obtained from Method 19, Section 5.2, and the

following equation:

Where:

Fo = Fuel factor based on the ratio of oxygen volume to the

ultimate CO2 volume produced by the fuel at zero percent excess

air.

0.209 = Fraction of air that is oxygen, percent/100.

Fd = Ratio of the volume of dry effluent gas to the gross calorific

value of the fuel from Method 19, dsm3/J (dscf/106 Btu).

Fc = Ratio of the volume of CO2 produced to the gross calorific

value of the fuel from Method 19, dsm3/J (dscf/106 Btu).

2.1.4.7.2.

Calculate the CO2 correction factor for correcting measurement

data to 15 percent O2, as follows:

Where:

XCO2 = CO2 correction factor, percent.

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

value, percent.

2.1.4.7.3.

Calculate the CO, THC, and formaldehyde gas concentrations

adjusted to 15 percent O2 using CO2 as follows:

Where:

Cadj = Calculated concentration of CO, THC, or formaldehyde

adjusted to 15 percent O2.

Cd = Measured concentration of CO, THC, or formaldehyde,

uncorrected.

XCO2 = CO2 correction factor, percent.

%CO2 = Measured CO2 concentration measured, dry basis,

percent.

2.1.4.8.

The engine percent load during a performance test must be determined by

documenting the calculations, assumptions, and measurement devices

used to measure or estimate the percent load in a specific application. A

written report of the average percent load determination must be included

in the notification of compliance status. The following information must

be included in the written report: the engine model number, the engine

manufacturer, the year of purchase, the manufacturer's site-rated brake

horsepower, the ambient temperature, pressure, and humidity during the

performance test, and all assumptions that were made to estimate or

calculate percent load during the performance test must be clearly

explained. If measurement devices such as flow meters, kilowatt meters,

beta analyzers, stain gauges, etc. are used, the model number of the

measurement device, and an estimate of its accurate in percentage of true

value must be provided.

[40 CFR 63.6620]

2.1.4.9.

If you operate a new, reconstructed, or existing stationary engine, you

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

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

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

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

this subpart apply.

[40 CFR 63.6625]

2.1.4.10.

You must demonstrate initial compliance with each emission limitation,

operating limitation, and other requirement that applies to you according

to Table 5 of this subpart.

2.1.4.11.

You must submit the Notification of Compliance Status containing the

results of the initial compliance demonstration according to the

requirements in §63.6645.

[40 CFR 63.6630]

2.1.5.

Continuous Compliance Requirements

2.1.5.1.

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

limitation or operating limitation in Table 2c to this subpart that apply to

you. These instances are deviations from the emission and operating

limitations in this subpart. These deviations must be reported according to

the requirements in §63.6650. If you change your catalyst, you must

reestablish the values of the operating parameters measured during the

initial performance test. When you reestablish the values of your operating

parameters, you must also conduct a performance test to demonstrate that

you are meeting the required emission limitation applicable to your

stationary RICE.

2.1.5.2.

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

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

[40 CFR 63.6640]

2.1.6.

Notifications, Reports, and Records

2.1.6.1.

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

(f)(4) and (f)(6), 63.9(b) through (e), and (g) and (h) that apply to you by

the dates specified.

2.1.6.2.

You must submit a Notification of Intent to conduct a performance test at

least 60 days before the performance test is scheduled to begin as required

in §63.7(b)(1).

2.1.6.3.

For each initial compliance demonstration required in Table 5 to this

subpart that includes a performance test conducted according to the

requirements in Table 3 to this subpart, you must submit the Notification

of Compliance Status, including the performance test results, before the

close of business on the 60th day following the completion of the

performance test according to §63.10(d)(2).

[40 CFR 63.6645]

2.1.6.4.

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

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

For each…

You must submit a…

The report must contain…

1. Existing nonemergency, non-black

start stationary RICE

100≤HP≤500 located at a

major source of HAP

Compliance report

a. If there are no deviations

from any emission limitations

or operating limitations that

apply to you, a statement that

there were no deviations from

the emission limitations or

operating limitations during the

reporting period.

b. If you had a deviation from

any emission limitation or

operating limitation during the

reporting period, the

information in §63.6650(d).

c. If you had a malfunction

during the reporting period, the

information in §63.6650(c)(4).

2.1.6.5.

You must submit the

report…

i. Semiannually according to

the requirements in

§63.6650(b)(1)-(5) for

engines that are not limited

use stationary RICE subject

to numerical emission

limitations; and

ii. Annually according to the

requirements in

§63.6650(b)(6)-(9) for

engines that are limited use

stationary RICE subject to

numerical emission

limitations.

i. Semiannually according to

the requirements in

§63.6650(b).

i. Semiannually according to

the requirements in

§63.6650(b

You must submit a compliance report semi-annually by April 1 and

October 1 of each year. The report due on April 1 shall cover the July 1 –

December 31 reporting period of the previous calendar year. The report

due on October 1 shall cover the January 1 – June 30 reporting period of

the current calendar year.

2.1.6.6.

The Compliance report must contain the information in the paragraphs

below:

2.1.6.6.1.

Company name and address.

2.1.6.6.2.

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

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

2.1.6.6.3.

Date of report and beginning and ending dates of the reporting

period.

2.1.6.6.4.

If you had a malfunction during the reporting period, the

compliance report must include the number, duration, and a brief

description for each type of malfunction which occurred during the

reporting period and which caused or may have caused any

applicable emission limitation to be exceeded. The report must also

include a description of actions taken by an owner or operator

during a malfunction of an affected source to minimize emissions

in accordance with §63.6605(b), including actions taken to correct

a malfunction.

2.1.6.6.5.

If there are no deviations from any emission or operating

limitations that apply to you, a statement that there were no

deviations from the emission or operating limitations during the

reporting period.

2.1.6.7.

For each deviation from an emission or operating limitation that occurs for

a stationary RICE where you are not using a CMS to comply with the

emission or operating limitations in this subpart, the Compliance report

must contain the information in 63.6650(c)(1) through (4) and the

information in the paragraphs below:

2.1.6.7.1.

The total operating time of the stationary RICE at which the

deviation occurred during the reporting period.

2.1.6.7.2.

Information on the number, duration, and cause of deviations

(including unknown cause, if applicable), as applicable, and the

corrective action taken.

2.1.6.8.

You must report all deviations as defined in this subpart in the 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]

2.1.6.9.

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

keep the records described below:

2.1.6.9.1.

A copy of each notification and report that you submitted to

comply with this subpart, including all documentation supporting

any Initial Notification or Notification of Compliance Status that

you submitted, according to the requirement in §63.10(b)(2)(xiv).

2.1.6.9.2.

Records of the occurrence and duration of each malfunction of

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

monitoring equipment.

2.1.6.9.3.

Records of performance tests and performance evaluations as

required in §63.10(b)(2)(viii).

2.1.6.9.4.

Records of all required maintenance performed on the air pollution

control and monitoring equipment.

2.1.6.9.5.

Records of actions taken during periods of malfunction to

minimize emissions in accordance with §63.6605(b), including

corrective actions to restore malfunctioning process and air

pollution control and monitoring equipment to its normal or usual

manner of operation.

[40 CFR 63.6655]

2.1.6.10.

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

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

2.1.6.11.

As specified in §63.10(b)(1), you must keep each record for 5 years

following the date of each occurrence, measurement, maintenance,

corrective action, report, or record.

2.1.6.12.

You must keep each record readily accessible in hard copy or electronic

form for at least 5 years after the date of each occurrence, measurement,

maintenance, corrective action, report, or record, according to

§63.10(b)(1).

[40 CFR 63.6660]

2.1.7.

Other Requirements and Information

2.1.7.1.

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

§§63.1 through 63.15 apply to you.

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

General

provisions

citation

§63.1

§63.2

§63.3

§63.4

§63.5

§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)

§63.7(b)(2)

Subject of citation

Applies to

subpart

General applicability of

the General Provisions

Definitions

Units and abbreviations

Prohibited activities and

circumvention

Construction and

reconstruction

Applicability

Compliance dates for

new and reconstructed

sources

Notification

Compliance dates for

new and reconstructed

area sources that

become major sources

Compliance dates for

existing sources

Compliance dates for

existing area sources

that become major

sources

Methods for

determining compliance

Finding of compliance

Use of alternate

standard

Compliance extension

procedures and criteria

Presidential compliance

exemption

Performance test dates

Yes.

CAA section 114

authority

Notification of

performance test

Notification of

Yes.

Yes

Yes.

Explanation

Additional terms defined in §63.6675.

Yes.

Yes

Subpart ZZZZ contains performance test

dates at §§63.6610, 63.6611, and

63.6612.

Yes

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

specified in §63.6645.

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

Yes

§63.7(c)

§63.7(d)

§63.7(e)(2)

§63.7(e)(3)

§63.7(e)(4)

§63.7(f)

§63.7(g)

§63.7(h)

§63.8(a)(1)

§63.8(a)(2)

§63.8(b)(1)

§63.8(b)(2)-(3)

§63.8(c)(1)

§63.8(c)(1)(ii)

§63.8(c)(2)-(3)

§63.8(c)(4)

§63.8(c)(6)-(8)

§63.8(d)

§63.8(e)

§63.8(f)(1)-(5)

§63.8(f)(6)

§63.8(g)

rescheduling

Quality assurance/test

plan

Testing facilities

Conduct of performance

tests and reduction of

data

Test run duration

Administrator may

require other testing

under section 114 of the

CAA

Alternative test method

provisions

Performance test data

analysis, recordkeeping,

and reporting

Waiver of tests

Applicability of

monitoring

requirements

Performance

specifications

Monitoring

Multiple effluents and

multiple monitoring

systems

Monitoring system

operation and

maintenance

SSM not in Startup

Shutdown Malfunction

Plan

Monitoring system

installation

Continuous monitoring

system (CMS)

requirements

CMS requirements

CMS quality control

CMS performance

evaluation

Alternative monitoring

method

Alternative to relative

accuracy test

Data reduction

specified in §63.6645.

Except that §63.7(c) only applies as

specified in §63.6645.

Yes

Yes.

Yes

Subpart ZZZZ specifies test methods at

§63.6620.

Yes.

Yes

Subpart ZZZZ contains specific

requirements for monitoring at §63.6625.

Yes.

Yes

Except that subpart ZZZZ does not

require Continuous Opacity Monitoring

System (COMS).

Except that subpart ZZZZ does not

require COMS.

Yes

Yes.

Yes

Except that

§63.8(e) only

applies as

specified in

§63.6645.

Yes

Except for §63.8(e)(5)(ii), which applies

to COMS.

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

§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)

Applicability and State

delegation of

notification

requirements

Initial notifications

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.

Yes

Except that

§63.9(b) only

applies as

specified in

§63.6645.

Yes

Except that

§63.9(g) only

applies as

specified in

§63.6645.

Yes

Notification of

compliance status

§63.9(i)

Adjustment of submittal

deadlines

Change in previous

information

Administrative

provisions for

recordkeeping/reporting

Record retention

Yes.

Records

Yes.

Record when under

waiver

Records when using

alternative to RATA

Records of supporting

documentation

Records of applicability

Yes.

§63.10(a)

§63.10(b)(1)

§63.10(b)(2)(vi)(xi)

§63.10(b)(2)(xii)

§63.10(b)(2)(xiii)

§63.10(b)(2)(xiv)

§63.10(b)(3)

Except that §63.9(b)(3) is reserved.

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.

Yes

§63.9(h)(1)-(6)

§63.9(j)

demonstrating compliance are specified

at §§63.6635 and 63.6640.

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.

Yes.

Yes

Except that the most recent 2 years of

data do not have to be retained on site.

Yes

For CO standard if using RATA

alternative.

Yes.

§63.10(c)

§63.10(d)(1)

§63.10(d)(2)

§63.10(d)(4)

§63.10(e)(1) and

(2)(i)

§63.10(e)(3)

§63.10(f)

§63.12

§63.13

§63.14

§63.15

determination

Additional records for

sources using CEMS

General reporting

requirements

Report of performance

test results

Progress reports

Additional CMS

Reports

Excess emission and

parameter exceedances

reports

Waiver for

recordkeeping/reporting

State authority and

delegations

Addresses

Incorporation by

reference

Availability of

information

Yes

Yes.

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

reserved.

Yes.

Except that §63.10(e)(3)(i) (C) is

reserved.

Yes.

2.2. 40 CFR Part 63, Subpart HH - National Emission Standards for Hazardous Air

Pollutants from Oil and Natural Gas Production Facilities [40 CFR 63.760 – 63.774

and RAC 4-103]

The permittee is the owner or operator of a glycol dehydration unit that is exempt from

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

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

below 0.90 megagrams per year.

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

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

least once during each 12-month period. The gas sample shall be taken at a point

prior to where the gas enters the dehydration system contact tower. The analysis

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

gas analysis results and corresponding temperature and pressure documented

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

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

electing to make this demonstration according §63.772(b)(2)(i), using the GRIGLYCalcTM model, the permittee shall perform each model run using a single gas

analysis and the corresponding temperature and pressure documented during

collection of the gas sample. The permittee may elect to average the results of

multiple GRI-GLYCalcTM model runs in determining actual average benzene

emissions annually, if multiple gas samples are collected within a 12-month

period.

2.2.2. The permittee must conduct an annual source determination using gas

composition data measured during the preceding 12 months and the procedure

outlined in §63.760(a)(1).

[RAC 2-110(5)(b)]

3. Reserved – Tribal Minor New Source Review

4. Reserved – Prevention of Significant Deterioration Requirements

5. Reserved – Consent Decree Requirements

6. Reserved – Compliance Assurance Monitoring (CAM) Requirements

7. 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:

The facility is located three and a half (3.5) miles north of the New Mexico/Colorado

border on US 550. Take CR 213 north for three (3) miles and tum west on High Flume

Road. Continue on High Flume Road eleven (11) miles west southwest to the Four Queens

Central Delivery Point.

1.2. Global Positioning System (GPS):

Latitude:

37.069597° N

Longitude:

-108.002985° W

1.3. Safety Considerations:

All visitors to the Four Queens Central Delivery Point 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.