# Air Pollution Control (2022) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Asouthern_ute%3A7eefe4d7355085c7 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Air Pollution Control Title V Permit to Operate Statement of Basis for Permit No. V-SUIT-0023-2022.00 February 12, 2024 Public Service Company of Colorado Tiffany Compressor Station Southern Ute Indian Reservation La Plata County, Colorado 1. Facility Information a. Location The Tiffany Compressor Station, owned and operated by Public Service Company of Colorado (PSCo), is located within the exterior boundary of the Southern Ute Indian Reservation. The exact location is Section 4, T32N, R6W, in La Plata County, at latitude North 37.05054 and longitude West -107.5121694. The mailing address is: Public Service Company of Colorado Tiffany Compressor Station 1800 Larimer Street, Suite 1300 Denver, CO 80202 b. Contacts Facility Contact: Chad Campbell Manager, Air and Water Compliance Public Service Company of Colorado 1800 Larimer Street, Suite 1300 Denver, CO 80202 303-294-2177 Responsible Official: Jeffery West Senior Director, Environmental Services Public Service Company of Colorado 1800 Larimer St Denver, CO 80202 303-571-2762 c. Description of Operations The Tiffany Compressor Station conditions natural gas to pipeline quality for delivery to Xcel Energy, PSCo customers. The facility compresses natural gas using three compressor engines and removes water from the gas stream using three dehydrators. The gas is then odorized and delivered into a PSCo pipeline that provides gas to Pagosa Springs, the San Luis Valley, and the PSCo mountain customers. This facility is classified as a natural gas transmission facility defined under Standard Industrial Classification 4922. The primary source of emissions are from the facility’s three natural gas-fired four-stroke rich-burn (4SRB) spark ignition (SI) compressor engines, and three triethylene glycol (TEG) dehydrators. 1 d. List of All Units and Emission-Generating Activities PSCo provided the information contained in Tables 1 and 2 in its Part 70 permit renewal application. Table 1 lists emission units and emission generating activities, including any air pollution control devices. Emission units identified as “insignificant” emitting units (IEUs) are listed separately in Table 2. Table 1 – Emission Units PSCo, Tiffany Compressor Station Emission Unit ID Control Equipment Description 3 – White Superior 8G-825 (4SRB SI) Compressor Engines, 800 name plate rated hp E001 Serial No. 21086 Install Date: 11/15/1974 E002 Serial No. 286139 Install Date: 01/01/1977 E003 Serial No. 274239 Install Date: 01/01/1980 None 2 – Triethylene Glycol (TEG) Dehydration Unit, 14 MMscf/day D001 Serial No. N/A Install Date: 01/01/1974 D002 Serial No. N/A Install Date: 01/01/1974 1 – Triethylene Glycol (TEG) Dehydration Unit, 10 MMscf/day D003 Serial No. N/A Install Date: None None 01/01/2003 The Southern Ute Indian Tribe/State of Colorado Environmental Commission’s Reservation Air Code allows sources to separately list in the permit application units or activities that qualify as “insignificant” based on potential emissions below 2 tpy for all regulated pollutants that are not listed as hazardous air pollutants (HAPs) under Section 112(b) of the Clean Air Act (CAA) and below 1,000 lbs per year or the de minimis level established under Section 112(g), whichever is lower, for HAP emissions [RAC 2-106(4)(f); RAC 1-103(36) and (37)]. However, the application may not omit information needed to determine the applicability of, or to impose, any applicable requirement, or to calculate the fee [RAC 2-106(4)(f)]. Units that qualify as “insignificant” for the purposes of the Part 70 application are in no way exempt from applicable requirements or any requirements of the Part 70 permit. PSCo stated in its Part 70 permit renewal application that the emission units in Table 2, below, are insignificant. The application provided calculations for the emergency generator, heaters and reboilers, fugitive emissions, and smart ash burner based on a combination of manufacturer’s specifications, EPA’s AP-42 emission factors, and EPA WebFIRE emission factors. This data supports PSCo’s claim that these units qualify as insignificant. 2 Table 2 – Insignificant Emission Units PSCo, Tiffany Compressor Station Emission Unit ID Amount Description Size Units N/A N/A N/A N/A N/A N/A N/A N/A E006 N/A N/A 2 2 1 1 1 1 1 1 1 5 2 Glycol Reboiler Burners for D001 and D002 Plastic Triethylene Glycol Above Ground Storage Tank Oil Tank Underground Used Oil Tank Water / Oil Tank Elastec Inc. Smart Ash Burner Glycol Reboiler Burner for D003 Ethylene Glycol Coastal 50 Coolant Above Ground Tank Generac Emergency Generator, (4SRB) 374 site rated hp Separator Radiant Heaters Window Mounted Air Conditioner 0.625 500 1,100 560 2,000 N/A 0.35 1,057 250 0.025 N/A MMBtu/hr gal gal gal gal N/A MMBtu/hr gal KW MMBtu/hr N/A e. Facility Construction and/or Permitting History The Tiffany Compressor Station commenced operation in 1974 with one engine (E001) and two TEG dehydrators (D001 and D002). Engine units E002 and E003 were added in 1977 and 1980, respectively. A third dehydrator (D003) was added in 2003. EPA issued the initial Title V operating permit, #V-SU0023-00.00, on November 22, 2000. The facility’s first renewal permit was issued on December 6, 2005 as permit #V-SU-0023-05.00. That permit was twice modified and issued as permit #V-SU-0023.05.02. The facility’s second renewal permit, #V-SU-0023-2010.00 was issued May 9, 2011 with an effective date of May 18, 2011. AQD issued the Title V operating permit, #V-SUIT-0023-2013.00, on September 13, 2013. AQD issued a renewal permit, #V-SUIT-0023-2018.00 on August 17, 2018. On November 30, 2021, a minor permit revision was completed for the replacement of the three dehydration units, with a single dehydration unit. The modification was not completed, and this renewal permit reflects current operations at the Tiffany Compressor Station. On February 12, 2024, the AQD issued renewal permit V-SUIT-00232022.00. No pre-construction permits have been issued to this facility. f. Potential to Emit Under RAC 1-103(51), potential to emit (PTE) is defined as the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation, or the effect it would have on emissions, is federally enforceable. The PTE for Tiffany Compressor Station was listed by PSCo in Forms “GIS”, “PTE”, and the various forms “EMISS” of the Part 70 operating permit application. Table 3 shows PTE data broken down by each individual emission unit, as well as the total facility-wide PTE. 3 Emission Unit ID Table 3 - Potential to Emit PSCo, Tiffany Compressor Station Regulated Air Pollutants1,2,3 in tpy (uncontrolled) NOx VOC SO2 PM10 CO Lead Total HAPs Largest Single HAP GHGs (CO2e mtpy) E001 86.0 2.9 0.0 0.2 66 0.0 0.7 0.46 2936 E002 86.0 2.9 0.0 0.2 66 0.0 0.7 0.46 2936 E003 86.0 2.9 0.0 0.2 66 0.0 0.7 0.46 2936 D001 0.0 0.12 0.0 0.0 0.0 0.0 0.005 0.01 4830 D002 0.0 0.12 0.0 0.0 0.0 0.0 0.005 0.01 4830 D003 0.0 0.05 0.0 0.0 0.0 0.0 0.002 0.01 1659 Total IEUs 1.0 .1 0.0 0.1 1.1 0.0 0.0 0.0 1006 259.0 9.1 0.0 0.7 199.1 0.0 2.1 1.41 21,133 2. Tribal Authority Reservation Air Code: The Reservation Air Code was adopted pursuant to the authority vested in the Southern Ute Indian Tribe/State of Colorado Environmental Commission by (1) the Intergovernmental Agreement Between the Southern Ute Indian Tribe and the State of Colorado Concerning Air Quality Control on the Southern Ute Indian Reservation dated December 13, 1999, (2) tribal law (Resolution of the Council of the Southern Ute Indian Tribe # 00-09), (3) State law (C.R.S. § 24- 62-101), and (4) as recognized in federal law (Act of October 18, 2004, Pub. L. No. 108-336, 118 Stat.1354). Title V Operating Permitting Program: On March 2, 2012, EPA determined that the Southern Ute Indian Tribe of the Southern Ute Indian Reservation had met the requirements of 40 CFR § 70.4(b) for full approval to administer its Clean Air Act Title V, Part 70 Operating Permitting Program (Program). In concert with that Program approval, EPA also found that the Tribe met the requirements of Section 301(d)(2) of the CAA and 40 CFR § 49.6 for treatment “in the same manner as a state” for the purposes of issuing CAA Title V, Part 70 operating permits. EPA promulgated its approval of the Tribe’s applications on March 15, 2012 (77 FR 15267). NSPS and NESHAP Delegation: On September 6, 2013, the Southern Ute Indian Tribe received delegation from the EPA to incorporate by reference into the Reservation Air Code and enforce certain subparts of the new source performance standards and national emission standards for hazardous air pollutants under Sections 111 and 112 of the Clean Air Act, respectively (78 FR 40635). These NSPS and NESHAP subparts generally apply to oil and gas operations within the exterior boundaries of the Southern Ute Indian Reservation and were adopted, unchanged, into the Reservation Air Code as Parts 2 and 3. Tribal Minor New Source Review Program: Minor sources of air pollution located within the Southern Ute Indian Reservation exterior boundaries must comply with either the “Federal Implementation Plan for Managing Air Emissions From True Minor Sources In Indian Country In The Oil And Natural Gas Production And Natural Gas Processing Segments Of The Oil And Natural Gas Sector” listed at 40 CFR 4 §49.101 – 105 or the “Federal Minor New Source Review Program In Indian Country” listed at 40 CFR §49.151 – 164. 3. Applicable Requirements The following discussion addresses a selection of the regulations from the Code of Federal Regulations (CFR) at Title 40. Note that this discussion does not include the full spectrum of potentially applicable regulations and is not intended to represent official applicability determinations. These discussions are based on the information provided by PSCo in its Part 70 permit renewal application and are only intended to present the information certified to be true and accurate by the Responsible Official of this facility. Tribal Minor New Source Review (TMNSR) – 40 CFR Part 49 EPA promulgated the federal rule “Review of New Sources and Modifications in Indian Country,” otherwise known as the Tribal Minor New Source Review Rule (TMNSR), on July 1, 2011 (76 FR 38748). The TMNSR rule applies to all new or modified industrial facilities in Indian country with a potential to emit equal to or greater than the minor NSR thresholds, but less than the major source thresholds, which are generally 100 to 250 tons per year (tpy). The minor NSR thresholds for attainment/unclassifiable areas are displayed in the table below: 40 CFR 49.153 Minor NSR Thresholds Minor NSR Thresholds for Regulated NSR Pollutant Attainment/Unclassifiable Areas in Tons Per Year (TPY) Carbon Monoxide (CO) 10 Nitrogen Oxides (NOx) 10 Sulfur Dioxide (SO2) 10 Volatile Organic Compounds (VOC) 5 PM10 5 PM2.5 3 Lead 0.1 Fluorides 1 Sulfuric Acid Mist 2 Hydrogen Sulfide (H2S) 2 Total Reduced Sulfur (including H2S) 2 Reduced Sulfur Compounds (including H2S) 2 Municipal Waste Combustor Emissions 10 Municipal Solid Waste Landfill Emissions 10 (measured as nonmethane organic compounds) Starting August 30, 2011, all minor modifications at existing major NSR sources, requests for synthetic minor limitations, and the transferring of synthetic minor limits from Part 71 permits into minor NSR permits became subject to the TMNSR rule. All true minor sources and minor modifications at existing major sources constructed after August 30, 2011 were required to submit a registration form within 90 days 5 of beginning operation and obtain a permit if a general permit was available for that source category. No general permit was available for sources in the oil and gas sector constructed or modified between August 30, 2011 and October 2, 2016 and these sources were only required to register with EPA. On May 12, 2016, EPA finalized a Federal Implementation Plan (FIP) for true minor oil and gas sources in Indian County. Beginning on October 3, 2016, all new and modified true minor oil and gas sources are required to register with the EPA to obtain coverage under the FIP. Owners/operators also have the option of apply to EPA for a source-specific permit instead of complying with the FIP, or EPA may determine that a source-specific permit is necessary due to local or reservation-specific air quality concerns. Future modifications at the Tiffany Compressor Station will be subject to the TMNSR rule; however, no TMNSR permits have been issued to this facility at this time. Prevention of Significant Deterioration (PSD) - 40 CFR 52.21 PSD is a preconstruction review requirement of the CAA that applies to proposed projects that are sufficiently large (in terms of emissions) to be a “major” stationary source or “major” modification of an existing stationary source. A new stationary source, or a modification to an existing minor stationary source, is major if the proposed project has the potential to emit of any criteria pollutant regulated under the CAA in amounts equal to or exceeding specified major source thresholds, which are 100 tpy for 28 listed industrial source categories and 250 tpy for all other sources. PSD also applies to modifications at existing major sources that cause a “significant net emissions increase” at that source. Significance levels for each pollutant are defined in the PSD regulations at 40 CFR 52.21. A modification is a physical change or change in the method of operation. The Tiffany Compressor Station does not belong to any of the 28 source categories. Therefore, the potential to emit threshold for determining PSD applicability for this source is 250 tons per year for criteria pollutants. Stack test data used to calculate PTE NOx emissions for units E001, E002, and E003 show the facility has the PTE NOx in amounts that exceed the 250 tpy PSD applicability thresholds and is therefore categorized as major stationary source for PSD permitting purposes. According to PSCo, the addition of engine unit E003 in 1980 caused the facility to become a major stationary source for PSD permitting. The installation of emission unit E003 pre-dates the major source baseline date for NOx of February 8, 1988 under 40 CFR §52.21(b)(14)(i). Therefore, PSD applies to the facility but there have been no major modifications at the facility that have increased the NOx PTE in amounts meeting the significance threshold for major PSD sources of 40 tpy. The GHG emissions at the Tiffany Compressor Station are not “subject to regulation” as defined in RAC 1-103(65). Therefore, PSD regulations do not apply at this time. New Source Performance Standards (NSPS) 40 CFR Part 60, Subpart A: General Provisions. This subpart applies to the owner or operator of any stationary source that contains an affected facility, the construction or modification of which is commenced after the date of publication of any standard in Part 60. The general provisions under Subpart A apply to sources that are subject to the specific subparts of Part 60. 6 As explained below, the Tiffany Compressor Station is not subject to any specific subparts under 40 CFR Part 60. Therefore, the General Provisions of Part 60 do not apply. 40 CFR Part 60, Subpart Dc: Standards of Performance for Small Industrial-CommercialInstitutional Steam Generating Units. This rule applies to steam generating units with a maximum design heat capacity of 100 MMBtu/hr or less, but greater than or equal to 10 MMBtu/hr and commenced construction, modification, or reconstruction after June 9, 1989. According to PSCo, the Tiffany Compressor Station has no steam generating units with a maximum design heat input capacity of 100 MMBtu/hr or less, but greater than or equal to 10 MMBtu/hr at the at the facility. Therefore, Subpart Dc does not apply. 40 CFR Part 60, Subpart K: Standards of performance for Storage Vessels for Petroleum Liquids for which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978. This rule applies to storage vessels for petroleum liquids with a storage capacity greater than 40,000 gallons. 40 CFR Part 60, Subpart K does not apply to storage vessels for petroleum or condensate stored, processed, and/or treated at a drilling and production facility prior to custody transfer. According to PSCo, the Tiffany Compressor Station has no tanks with a storage capacity greater than 40,000 gallons. Therefore, Subpart K does not apply. 40 CFR Part 60, Subpart Ka: Standards of Performance for Storage Vessels for Petroleum Liquids for which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to June 23, 1984. This rule applies to storage vessels for petroleum liquids with a storage capacity greater than 40,000 gallons. Subpart Ka does not apply to petroleum storage vessels with a capacity of less than 420,000 gallons used for petroleum or condensate stored, processed, or treated prior to custody transfer. According to PSCo, the Tiffany Compressor Station has no tanks with a storage capacity greater than 40,000 gallons. Therefore, Subpart Ka does not apply. 40 CFR Part 60, Subpart Kb: Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for which Construction, Reconstruction, or Modification Commenced After July 23, 1984. This rule applies to storage vessels with a capacity greater than or equal to 75 cubic meters (~472bbl or 19,813 gal). According to PSCo, the Tiffany Compressor Station has no tanks with a capacity greater than 75 m3 (~472bbl or 19,813 gal) that are used to store volatile organic liquids. Therefore, Subpart Kb does not apply. 40 CFR Part 60, Subpart GG: Standards of Performance for Stationary Gas Turbines. This rule applies to stationary gas turbines, with a heat input at peak load equal to or greater than 10.7 gigajoules per hour (10 MMBtu/hr), that commenced construction, modification, or reconstruction after October 3, 1977. 7 According to PSCo, there are no stationary gas turbines located at the Tiffany Compressor Station. Therefore, Subpart GG does not apply. 40 CFR Part 60, Subpart KKK: Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants for which construction, reconstruction, or modification commenced after January 20, 1984, and on or before August 23, 2011. This rule applies to compressors and other equipment at onshore natural gas processing facilities. As defined in this subpart, a natural gas processing plant is any processing site engaged in the extraction of natural gas liquids (NGLs) from field gas, fractionation of mixed NGLs to natural gas products, or both. NGLs are defined as the hydrocarbons, such as ethane, propane, butane, and pentane that are extracted from field gas. According to PSCo, the Tiffany Compressor Station does not extract natural gas liquids from field gas, nor does it fractionate mixed NGLs to natural gas products, and thus does not meet the definition of a natural gas processing plant under this subpart. Therefore, Subpart KKK does not apply. 40 CFR Part 60, Subpart LLL: Standards of Performance for SO2 emissions from Onshore Natural Gas Processing for which construction, reconstruction, or modification commenced after January 20, 1984, and on or before August 23, 2011. This rule applies to sweetening units and sulfur recovery units at onshore natural gas processing facilities. As defined in this subpart, sweetening units are process devices that separate hydrogen sulfide (H2S) and carbon dioxide (CO2) from a sour natural gas stream. Sulfur recovery units are defined as process devices that recover sulfur from the acid gas (consisting of H2S and CO2) removed by a sweetening unit. According to PSCo, the Tiffany Compressor Station does not perform sweetening or sulfur recovery at the facility. Therefore, Subpart LLL does not apply. 40 CFR Part 60, Subpart IIII: Standards of Performance for Stationary Compression Ignition Internal Combustion Engines. This rule applies to owners and operators of stationary compression ignition internal combustion that commence construction, reconstruction, or modification after July 11, 2005. According to PSCo, there are no stationary compression ignition internal combustion engines located at the Tiffany Compression Station. Therefore, Subpart IIII does not apply. 40 CFR Part 60, Subpart JJJJ: Standards of Performance for Stationary Spark Ignition Internal Combustion Engines. This subpart establishes emission standards and compliance requirements for the control of emissions from stationary spark ignition (SI) internal combustion engines (ICE) that commenced construction, modification or reconstruction after June 12, 2006, where the SI ICE are manufactured on or after specified manufacture trigger dates. The manufacture trigger dates are based on the engine type, fuel used, and maximum engine horsepower. For the purposes of this subpart, the date that construction commences is the date the engine is ordered by the owner or operator (See 40 CFR 60.4230(a)). 8 PSCo provided the following information: Table 4 - NSPS Subpart JJJJ Applicability Determination PSCo, Tiffany Compressor Station Trigger Date for ApplicabilityManufactured on or after Unit Serial No Unit Description Fuel Maximum HP Manufacture Date Commenced Construction Date E001 21086 White Superior 8G-825 4SRB Compressor Engine Natural Gas 800 Manufactured Prior to July 1, 2007 Prior to 6/12/2006 07/01/07 E002 268139 White Superior 8G-825 4SRB Compressor Engine Natural Gas 800 Manufactured Prior to July 1, 2007 Prior to 6/12/2006 07/01/07 E003 274239 White Superior 8G-825 4SRB Compressor Engine Natural Gas 800 Manufactured Prior to July 1, 2007 Prior to 6/12/2006 07/01/07 E006 3013106462 Generac SG250 4SRB Emergency Generator Engine Natural Gas 374 Manufactured After January 1, 2009 After 6/12/2006 01/01/09 According to PSCo, E001, E002, and E003 were manufactured prior to July 1, 2007 (trigger date for engines with maximum engine power greater than or equal to 500 hp). The engines have not been reconstructed or modified (as defined in §60.15) since June 12, 2006. Therefore, the requirements of Subpart JJJJ do not apply. However, emission unit E006 was manufactured after January 1, 2009 (the trigger date for emergency engines with a maximum engine power greater than 25 hp). Therefore, the requirements of Subpart JJJJ do apply. Should PSCo propose to install a replacement engine for E001, E002 and E003, that is subject to Subpart JJJJ, PSCo will not be allowed to use the off-permit changes provision and will be required to submit a minor permit modification application to incorporate Subpart JJJJ requirements into the permit. 40 CFR Part 60, Subpart OOOO: Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution. This subpart establishes emission standards and compliance schedules for the control of VOC and SO2 emissions from affected facilities that commence construction, modification or reconstruction after August 23, 2011. Affected facilities under this subpart include gas wells, compressors, pneumatic controllers, storage vessels, process unit equipment, and sweetening units. According to information provided by PSCo, the Tiffany Compressor Station does not have any affected facilities as defined at 40 CFR §60.5365 that were constructed, reconstructed, or modified after August 23, 2011. Therefore, Subpart OOOO does not apply. 40 CFR Part 60, Subpart OOOOa: Standards of Performance for Crude Oil and Natural Gas Facilities. This subpart establishes emission standards and compliance schedules for the control of VOC and SO2 emissions from affected facilities that commence construction, modification or reconstruction after 9 September 18, 2015. Affected facilities and equipment under this subpart include wells, compressors, storage vessels, process unit equipment, sweetening units, pneumatic pumps and pneumatic controllers. According to information provided by PSCo, the Tiffany Compressor Station does not have any affected facilities under the rule that commenced construction after September 18, 2015. Therefore, Subpart OOOOa does not apply. National Emission Standards for Hazardous Air Pollutants (NESHAP) 40 CFR Part 63, Subpart A: General Provisions. This subpart contains national emissions standards for HAPs that regulate specific categories of sources that emit one or more HAP regulated pollutants under the CAA. The general provisions under Subpart A apply to sources that are subject to the specific subparts of Part 63. As explained below, the Tiffany Compressor Station is subject to 40 CFR Part 63, Subpart ZZZZ. Therefore, the General Provisions of Part 63 apply as specified in the relevant subpart. 40 CFR Part 63, Subpart HH: National Emission Standards for Hazardous Air Pollutants from Oil and Natural Gas Production Facilities. This subpart applies to the owners and operators of affected units located at natural gas production facilities that are major or area sources of HAPs, as defined by §63.761, and that process, upgrade, or store natural gas prior to the point of custody transfer, or that process, upgrade, or store natural gas prior to the point at which natural gas enters the natural gas transmission and storage source category or is delivered to a final end user. For the purpose of this subpart, natural gas enters the transmission and storage category after the natural gas processing plant, when present. Affected units for this subpart are outlined for area and major sources at §63.670(b). Throughput Exemption Those sources whose maximum natural gas throughput, as appropriately calculated per §63.760(a)(1)(i) through (a)(1)(iii), is less than 18,400 standard cubic meters per day are exempt from the requirements of this subpart. Source Aggregation Major source, as used in this subpart, has the same meaning as in §63.2, except that: 1) Emissions from any oil and gas production well with its associated equipment and emissions from any pipeline compressor station or pump station shall not be aggregated with emissions from other similar units. 2) Emissions from processes, operations, or equipment that are not part of the same facility shall not be aggregated. 10 3) For facilities that are production field facilities, only HAP emissions from glycol dehydration units and storage vessels with the potential for flash emissions shall be aggregated for a major source determination. Facility For the purpose of a major source determination, facility means oil and natural gas production and processing equipment that is located within the boundaries of an individual surface site as defined in Subpart HH. Examples of facilities in the oil and natural gas production category include, but are not limited to: well sites, satellite tank batteries, central tank batteries, a compressor station that transports natural gas to a natural gas processing plant, and natural gas processing plants. Production Field Facility Production field facilities are those located prior to the point of custody transfer. The definition of custody transfer (40 CFR 63.761) means the point of transfer after the processing/treating in the producing operation, except for the case of a natural gas processing plant, in which case the point of custody transfer is the inlet to the plant. Natural Gas Processing Plant A natural gas processing plant is defined in 40 CFR 63.761 as any processing site engaged in the extraction of NGLs from field gas, or the fractionation of mixed NGLs to natural gas products, or a combination of both. A treating plant or gas plant that does not engage in these activities is considered to be a production field facility. Major Source Determination for Production Field Facilities The definition of major source in subpart HH (at 40 CFR 63.761) states, in part, that only emissions from the dehydration units and storage vessels at production field facilities shall be aggregated when comparing to the major source thresholds. For facilities that are not production field facilities, HAP emissions from all HAP emission units shall be aggregated. Area Source Applicability 40 CFR Part 63, Subpart HH also applies to area sources of HAPs. An area source is a HAP source whose total HAP emissions are less than 10 tpy of any single HAP or 25 tpy for all HAPs in aggregate. This subpart requires different emission reduction requirements for glycol dehydration units found at oil and gas production facilities based on their geographical location. 11 Units located in densely populated areas (determined by the Bureau of Census) and known as urbanized areas with an added 2-mile offset and urban clusters of 10,000 people or more, are required to have emission controls. Units located outside these areas will be required to have the glycol recirculation pump rate optimized or operators must document that uncontrolled annual actual benzene emissions are less than 0.9 megagrams (1,984 lbs.). Any source that determines that it is not a major source but has actual emissions of 5 tons per year of a single HAP or 12.5 tons per year of a combination of HAP (i.e. 50 percent of the major source thresholds), shall update its major source determination within 1 year of the prior determination and each year thereafter, using gas composition data measured during the preceding 12 months. Applicability of Subpart HH to the Tiffany Compressor Station According to PSCo, the Tiffany Compressor Station is a natural gas transmission facility and not a natural gas production facility. Therefore, Subpart HH does not apply. 40 CFR Part 63, Subpart HHH: National Emission Standards for Hazardous Air Pollutants from Natural Gas Transmission and Storage Facilities. This subpart applies to natural gas transmission and storage facilities that transport or store natural gas prior to entering the pipeline to a local distribution company or to a final end user, and that are a major source of hazardous air pollutant (HAP) emissions. Natural gas transmission means the pipelines are used for long distance transport (excluding processing). According to PSCo, the Tiffany Compressor Station’s potential HAP emissions are below the major source thresholds. Therefore, Subpart HHH does not apply. 40 CFR Part 63, Subpart ZZZZ (RICE MACT): National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines. This rule establishes national emission limitations and operating limitations for HAPs emitted from stationary spark ignition internal combustion engines (SI ICE) and stationary compression ignition internal combustion engines (CI ICE). For the purposes of this standard, construction or reconstruction is as defined in §63.2. Engine Type Summary of Applicability to Engines at Major HAP Sources Major HAP Sources Horse Power Rating New / Existing Applicability Trigger Date SI ICE – All1 ≥ 500 hp New On or After: 12/19/2002 SI ICE – 4SRB > 500 hp Existing Before: 12/19/2002 SI ICE – All1 ≤ 500 hp New On or After: 6/12/2006 SI ICE – All1 ≤ 500 hp Existing Before: 6/12/2006 CI ICE – All2 ≥ 500 hp New On or After: 12/19/2002 CI ICE – Non Emergency > 500 hp Existing Before: 12/19/2002 CI ICE – All2 ≤ 500 hp New On or After: 6/12/2006 CI ICE – All2 ≤ 500 hp Existing Before: 6/12/2006 1. All includes emergency ICE, limited use ICE, ICE that burn land fill or digester gas, 4SLB, 2SLB, and 4SRB. 2. All includes emergency ICE and limited use ICE 12 Engine Type Summary of Applicability to Engines at Area Hap Sources Area HAP Sources Horse Power Rating New / Existing Applicability Trigger Date SI ICE – All1 All hp New On or After: 6/12/2006 SI ICE – All1 All hp Existing Before: 6/12/2006 CI ICE – All2 All hp New On or After: 6/12/2006 CI ICE – All2 All hp Existing Before: 6/12/2006 1. All includes emergency ICE, limited use ICE, ICE that burn land fill or digester gas, 4SLB, 2SLB, and 4SRB. 2. All includes emergency ICE and limited use ICE Table 5 - Applicability of 40 CFR 63, Subpart ZZZZ to the Tiffany Compressor Station: Unit Serial Number E001 21086 E002 268139 E003 274239 E006 3013106462 Fuel Site Rated BHP Commenced Construction, Reconstruction, or Modification Date Natural Gas 658 Prior to 06/12/2006 Natural Gas 658 Prior to 06/12/2006 Natural Gas 658 Prior to 06/12/2006 Natural Gas 374 After 06/12/2006 Unit Description White Superior 8G-825 4SRB Compressor Engine White Superior 8G-825 4SRB Compressor Engine White Superior 8G-825 4SRB Compressor Engine Generac SG250 4SRB Emergency Generator Engine According to PSCo, the Tiffany Compressor Station is an area source as defined in subpart ZZZZ. Units E001, E002 and E003 are considered existing non-emergency non-black start spark ignition (SI) four-stroke rich-burn (4SRB) stationary RICE greater than 500 hp that commenced construction prior to June 12, 2006. The units have not been reconstructed and are located on a pipeline segment that meets the criteria necessary to qualify the units as remote stationary RICE. According to 40 CFR 63.6595(a)(1), 40 CFR 63.6603, 40 CFR 63.6625(e), and Table 2d of Subpart ZZZZ, Units E001, E002 and E003, and must comply with the applicable emission limitations, operating limitations, and other requirements of Subpart ZZZZ. Unit E006 is considered an existing emergency no-black start SI 4SRB stationary RICE that commenced construction after June 12, 2006. The unit has not been reconstructed. Therefore, Unit E006 is not subject to the requirements of Subpart ZZZZ. 40 CFR Part 63, Subpart DDDDD (Boiler MACT): National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters. This rule establishes national emission limitations and operating limitations for HAPs emitted from new and existing industrial boilers, institutional boilers, commercial boilers, and process heaters that are located at major sources of HAPs. Boilers or process heaters that combust natural gas for fuel or have a maximum designed heat input capacity less than 10 MMBtu/hr are subject to work practice standards in lieu of emission limits. For the purposes of this subpart, an affected unit is an existing unit if it was constructed prior to June 4, 2010. According to information provided by PSCo, the Tiffany Compressor Station is not a major source as defined in this subpart. Therefore, Subpart DDDDD does not apply. 13 40 CFR Part 63, Subpart JJJJJJ: National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers. This rule establishes national emission standards and operating limitations for HAPs emitted from new and existing industrial boilers, institutional boilers, and commercial boilers that are fueled by coal, biomass, or oil and are located at area sources of HAPs. For the purposes of this subpart, an affected unit is an existing unit if it was constructed prior to June 4, 2010. According to PSCo, all emission sources at the Tiffany Compressor Station use only natural gas as a fuel and are exempt from this rule (in accordance with §63.11195). Therefore, Subpart JJJJJJ does not apply. Compliance Assurance Monitoring (CAM) Rule 40 CFR Part 64: Compliance Assurance Monitoring Provisions. According to 40 CFR 64.2(a), the CAM rule applies to each Pollutant Specific Emission Unit (PSEU) at a major source that is required to obtain a Part 70 or Part 71 permit if the unit satisfies all of the following criteria: 1) The unit is subject to an emission limitation or standard for the applicable regulated air pollutant other than an emissions limitation or standard that is exempt under §64.2(b)(1); “§64.2(b)(1): Exempt emission limitations or standards. The requirements of this part shall not apply to any of the following emission limitations or standards: (i) (ii) (iii) (iv) (v) (vi) Emission limitations or standards proposed by the Administrator after November 15, 1990 pursuant to Section 111 or 112 of the Act; Stratospheric ozone protection requirements under Title VI of the Act; Acid Rain Program requirements pursuant to Sections 404, 405, 406, 407(a), 407(b) or 410 of the Act; Emissions limitations or standards or other applicable requirements that apply solely under an emissions trading program approved or promulgated by the Administrator under the Act that allows for trading emissions with a source or between sources; An emissions cap that meets the requirements specified in §70.4(b)(12) or §71.6(a)(13)(iii) of this chapter; Emission limitations or standards for which a Part 70 or 71 permit specifies a continuous compliance determination method, as defined in §64.1.” “§64.1: Continuous compliance method means a method, specified by the applicable standard or an applicable permit condition, which: (1) Is used to determine compliance with an emission limitation or standard on a continuous basis, consistent with the averaging period established for the emission limitation or standard; and (2) Provides data either in units of the standard or correlated directly with the compliance limit.” 14 2) The unit uses a control device to achieve compliance with any such limit or standard; and 3) The unit has pre-control device emissions of the applicable regulated pollutant that are equal to or greater than 100% of the amount, in tons per year, required for a source to be classified as a major source. According to PSCo, the CAM rule does not apply to any of the units at the Tiffany Compressor Station as no emission unit located at the facility meets any of the three CAM applicability criteria. Therefore, CAM does not apply. Chemical Accident Prevention Program 40 CFR Part 68: Chemical Accident Prevention Provisions. This rule applies to stationary sources that manufacture, process, use, store, or otherwise handle more than the threshold quantity of a regulated substance in a process. Regulated substances include 77 toxic and 63 flammable substances which are potentially present in the natural gas stream entering the facility and in the storage vessels located at the facility. The quantity of a regulated substance in a process is determined according to the procedures presented under §68.115. §68.115(b)(l) and (2)(i) indicate that toxic and flammable substances in a mixture do not need to be considered when determining whether more than a threshold quantity is present at a stationary source if the concentration of the substance is below one percent by weight of the mixture. §68.115(b)(2)(iii) indicates that prior to entry into a natural gas processing plant, regulated substances in naturally occurring hydrocarbon mixtures need not be considered when determining whether more than a threshold quantity is present at a stationary source. Naturally occurring hydrocarbon mixtures include condensate, field gas, and produced water. According to PSCo, the Tiffany Compressor Station does not have regulated substances above the threshold quantities in this rule. Therefore, the facility is not subject to the requirement to develop and submit a risk management plan. Stratospheric Ozone and Climate Protection 40 CFR Part 82, Subpart F: Air Conditioning Units. According to PSCo there are two air conditioning units at the Tiffany Compressor Station that contain Class I or Class II refrigerants (chlorofluorocarbons (CFCs)). Therefore, Tiffany Compressor Station must comply with the standards of part 82, subpart F for recycling and emissions reduction if they service, maintain, or repair the air conditioning units in any way or if they dispose of the units. 40 CFR Part 82, Subpart H: Halon Fire Extinguishers. According to information provided by PSCo, there are no halon fire extinguishers at the Tiffany Compressor Station. However, should PSCo obtain any halon fire extinguishers, then it must comply with the standards of 40 CFR Part 82, Subpart H for halon emissions reduction, if it services, maintains, tests, repairs, or disposes of equipment that contains halon or uses such equipment during technician training. Specifically, PSCo would be required to comply with 40 CFR Part 82 and submit an application for a modification to this Title V permit. 15 Mandatory Greenhouse Gas Reporting 40 CFR Part 98: This rule requires sources above certain emission thresholds to calculate, monitor, and report greenhouse gas emissions. The requirements of 40 CFR Part 98 and CAA §307(d)(1)(V), the CAA authority under which 40 CFR Part 98 was promulgated, however, need not be included in a tribalissued Part 70 permit because those requirements are not included in the definition of “applicable requirement” in either 40 CFR Part 70 or RAC 1-103(11). Although the rule is not an applicable requirement under 40 CFR Part 70 or the RAC, the source is not relieved from the requirement to comply with the rule separately from compliance with its Part 70 operating permit. It is the responsibility of each source to determine whether Part 98 is applicable and to comply, if necessary. 4. Public Participation a. Public Notice Per RAC § 2-109, all Part 70 draft operating permits shall be publicly noticed and made available for public comment. Public notice is given by publication in a newspaper of general circulation in the area where the source is located or in a state publication designed to give general public notice, to persons on a mailing list developed by the Tribe, including those who request in writing to be on the list, and by other means if necessary to assure adequate notice to the affected public. If an interested person would like to be added to the Tribe’s mailing list to be informed of future actions on permits issued by the Tribe, please send your name and address: by United State Postal Service to: by any other delivery service to: Part 70 Permitting Contact Southern Ute Indian Tribe Environmental Programs Department PO Box 737 MS #84 Ignacio, Colorado 81137 Part 70 Permitting Contact Southern Ute Indian Tribe Environmental Programs Department 398 Ouray Drive Ignacio, Colorado 81137 Public notice was published in the Durango Herald and Southern Ute Drum on November 11, 2023 in order to provide opportunity for public comment on the draft permit and the opportunity to request a public hearing. b. Opportunity For Comment Members of the public were given an opportunity to review a copy of the draft permit prepared by the Tribe, the application, this statement of basis for the draft permit, and all supporting materials for the draft permit. Copies of these documents were on the Southern Ute Air Quality Division webpage at https://www.southernute-nsn.gov/government/departments/epd/air-quality/, and at: Southern Ute Indian Tribe Environmental Programs Department 16 Air Quality Division 71 Mike Frost Way Ignacio, Colorado 81137 All documents were available for review at the Southern Ute Indian Tribe’s Environmental Programs Department office Monday through Friday from 9:00 a.m. to 4:00 p.m. (excluding holidays). Any interested person was given the opportunity to submit written comments on the draft Part 70 operating permit during the public comment period to the Part 70 Permit Contact at the address listed above. The Tribe has considered and addressed comments in making a final decision on the permit. The Tribe keeps a record of the commenters and of the issues raised during the public participation process. Anyone, including the applicant, who believes any condition of the draft permit was inappropriate should have raised all reasonably ascertainable issues and submitted all arguments supporting his or her position by the close of the public comment period. Any supporting materials submitted must have been included in full and may not have been incorporated by reference, unless the material had already been submitted as part of the administrative record in the same proceeding or consisted of Environmental Commission, tribal, state or Federal statutes and regulations, EPA documents of general applicability, or other generally available reference material. c. Opportunity to Request a Hearing A person may submit a written request for a public hearing to the Part 70 Permit Contact, at the address listed above, by stating the nature of the issues to be raised at the public hearing. Based on the number of hearing requests received, the Tribe will hold a public hearing whenever it finds there is a significant degree of public interest in a draft operating permit. The Tribe will provide public notice of the public hearing. If a public hearing is held, any person may submit oral or written statements and data concerning the draft permit. d. Public Petitions to the Administrator In the event the Administrator of the United States Environmental Protection Agency does not object to issuance of the permit, on the basis that it would not be in compliance with applicable requirements, within its 45-day review period, any person may then petition the Administrator within 60 days after the expiration of the Administrator’s 45-day review period to make such objection. 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 the administrator objects to a permit as a result of this petition, the Tribe shall not issue the permit until the Administrator’s objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day review period and before the Administrator’s objection. 17 e. Appeal of Permits Within 60 days after the Tribe’s final permit action, an applicant, any person who filed comments on the draft permit or participated in the public hearing, 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 RAC and the Commission’s Procedural Rules. Petitions for administrative review of final permit actions can be filed after the deadline designated by the Commission only if they are based solely on grounds arising after the deadline for administrative review has passed. Such petitions shall be filed no later than 60 days after the new grounds for review arise. If the final permit action being challenged is the Tribe’s failure to take final action, a petition for administrative review may be filed any time before the Tribe denies or issues the final permit. f. Notice to Affected States/Tribes As described in RAC § 2-109(3), public notice will be given by notifying all affected programs. The following entities will be notified: • • • • • • • State of Colorado, Department of Public Health and Environment State of New Mexico, Environment Department Ute Mountain Ute Tribe, Environmental Programs Department Navajo Tribe, Navajo Nation EPA Jicarilla Tribe, Environmental Protection Office National Park Service, Air Resources Division, Denver, CO U.S. Department of Agriculture, United States Forest Service, Rocky Mountain Region 18 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Asouthern_ute%3A7eefe4d7355085c7. Public record. Not legal advice.