AIR QUALITY DIVISION (2024)
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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
December 30, 2024
Mr. Risberg
Environmental Manager
Transit Waste, LLC
8900 CO-93
Golden, CO 80403
RE: Part 70 Operating Permit – Permit Renewal
Title V Permit # V-SUIT-0047-2024.00
Transit Waste, LLC
Bondad Recycling Center and Depository
Mr. Risberg,
The Southern Ute Indian Tribe Air Quality Division (AQD) has completed its review of Transit Waste,
LLC’s (Transit Waste) request to renew a Title V Permit to Operate, pursuant to the Title V Operating
Permit Program at 40 CFR Part 70, for the Bondad Recycling Center and Depository.
Based on the information submitted in Transit Waste’s application, the AQD hereby issues the enclosed
Title V Permit to Operate. The final permit will become effective on December 30, 2024.
A 30-day public comment period was held from October 4, 2024, to November 3, 2024. The AQD
received no comments from Transit Waste 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 November 14, 2024, to
December 29, 2024. No comments were received from EPA Region 8 during this review period.
Pursuant to RAC §2-109(8), within 60 days after the final permit has been issued, the applicant, any person
who participated in the public comment process and is aggrieved by the action, and any other person who
could obtain judicial review of that action under applicable law, may appeal to the Environmental
Commission in accordance with the Southern Ute Indian Tribe/State of Colorado Environmental
Commission’s Reservation Air Code (RAC) and the Commission’s Procedural Rules. Additionally, the
regulations at RAC §2-109(7) specify that any person may petition the EPA Administrator within 60 days
after the expiration of the Administrator’s 45-day review period to make an objection that the permit
would not be in compliance with applicable requirements. Any such petition must be based only on
objections to the permit that were raised with reasonable specificity during the public comment period
unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or
unless the grounds for such objections arose after such period.
If you have any questions concerning the enclosed permit, please feel free to contact me.
Sincerely,
Mark Lamoreaux
Air Quality Scientist I - Permitting
Southern Ute Indian Tribe
(970) 563-2273
mlamoreaux@southernute-nsn.gov
Cc: US EPA Region 8 - r8airpermitting@epa.gov
Southern Ute Indian Tribe
Air Quality Division
Title V Operating Permit
Southern Ute Indian Tribe
Environmental Programs Department
Air Quality Division
71 Mike Frost Way
Ignacio, Colorado 81137
AIR POLLUTION CONTROL
TITLE V PERMIT TO OPERATE
In accordance with the provisions of Title V of the Clean Air Act (42 U.S.C. 7661-7661f) and Part
1, Article II of the Southern Ute Indian Tribe/State of Colorado Environmental Commission’s
Reservation Air Code (RAC) and applicable rules and regulations,
Transit Waste, LLC
Bondad Recycling Center and Depository
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 31, T33N, R9W
La Plata County, Colorado
Terms not otherwise defined in this permit have the meaning assigned to them in the referenced
regulations. All terms and conditions of the permit are enforceable by the Tribe and citizens under
the Clean Air Act.
Daniel Powers, Air Quality Division Head
Environmental Programs Department
Southern Ute Indian Tribe
AIR POLLUTION CONTROL
TITLE V PERMIT TO OPERATE
Transit Waste, LLC
Bondad Recycling Center and Depository
SUIT Account Identification Code: 2-034
Permit Number: V-SUIT-0047-2024.00
[Replaces Permit No.: V-SUIT-0047-2019.01]
Issue Date:
Revised Date:
Expiration Date:
December 30, 2024
December 30, 2024
December 30, 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
November 21, 2008
Permit Issued
Initial Part 71 Permit Issued
# V-SU-0047-07.00
January 31, 2014
Permit Issued
Initial Part 70 Permit Issued
Replaces EPA-Issued permit: V-SU0047-07.00
# V-SUIT-0047-2014.00
August 12, 2019
Permit Renewal
1st Part 70 Permit Renewal
# V-SUIT-0047-2019.00
February 23, 2022
Minor Revision
Remove 40 CFR 60 Subpart WWW
and replace with 40 CFR Part 62,
Subpart OOO
# V-SUIT-0047-2019.01
December 30, 2024
Permit Renewal
2nd Part 70 Permit Renewal
# V-SUIT-0047-2024.00
Table of Contents
Abbreviations and Acronyms ................................................................................................................................. 3
Section I – Source Information and Emission Unit Identification ............................................................................ 6
Source Information ..........................................................................................................................................6
Source Emission Points ....................................................................................................................................7
Section II – General Requirements ......................................................................................................................... 8
Title V Administrative Requirements ...............................................................................................................8
1.1.
Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118] ........................................................................ 8
1.2.
Compliance Requirements .................................................................................................................. 10
1.3.
Duty to Provide and Supplement Information [RAC 2-110(7)(e), 2-106(5), and 2-124] ....................11
1.4.
Submissions [RAC 2-105] .....................................................................................................................12
1.5.
Severability Clause [RAC 1-106 and RAC 2-110(1)(f)] .........................................................................12
1.6.
Permit Actions [RAC 2-110(3)] ............................................................................................................ 12
1.7.
Administrative Permit Revision [RAC 2-111(2)] .................................................................................13
1.8.
Minor Permit Revisions [RAC 2-111(3)] ..............................................................................................13
1.9.
Significant Permit Revisions [RAC 2-111(4)] .......................................................................................14
1.10.
Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2-112] .........................14
1.11.
Property Rights [RAC 2-110(3)(e)] .......................................................................................................16
1.12.
Inspection and Entry [RAC 2-110(9)(b)] ..............................................................................................16
1.13.
[Reserved] ............................................................................................................................................16
1.14.
Permit Transfers [RAC 2-113] ..............................................................................................................16
1.15.
Off-Permit Changes [RAC 2-116(2)]..................................................................................................... 16
1.16.
Permit Expiration and Renewal ..........................................................................................................17
Facility-Wide Requirements...........................................................................................................................18
2.1.
General Recordkeeping Requirements [RAC 2-110(6)] ...................................................................... 18
2.2.
General Reporting Requirements .......................................................................................................19
2.3.
Alternative Operating Scenarios [RAC 2-110(8)] ................................................................................20
2.4.
Permit Shield [RAC 2-110(10)(c)].........................................................................................................22
2.5.
Stratospheric Ozone and Climate Protection [40 CFR Part 82] ..........................................................22
Section III – Site Specific Permit Terms ................................................................................................................ 23
Reserved - New Source Performance Standards (NSPS) and 40 CFR Part 60 ................................................23
2.
Reserved - National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR Part 63 ......... 23
3.
Reserved – Tribal Minor New Source Review ................................................................................................23
4.
Reserved – Prevention of Significant Deterioration Requirements ............................................................... 23
5.
Reserved – Consent Decree Requirements ....................................................................................................23
6.
Reserved – Compliance Assurance Monitoring (CAM) Requirements ...........................................................23
7.
Enhanced Monitoring, Recordkeeping, and Reporting..................................................................................23
Approval and Promulgation of State Plans for Designated Facilities ............................................................23
8.1.
40 CFR Part 62, Subpart A –General Provisions [40 CFR 62.01- 62.13] ..............................................23
1
8.2.
40 CFR Part 62, Subpart OOO – Federal Plan Requirements for Municipal Solid Waste Landfills
That Commenced Construction On or Before July 17, 2014 and Have Not Been Modified or Reconstructed
Since July 17, 2014 [40 CFR 62.16710 – 62.16730] ............................................................................................24
Section IV – Appendix .......................................................................................................................................... 34
Inspection Information ..................................................................................................................................34
1.1.
Driving Directions: ...............................................................................................................................34
1.2.
Global Positioning System (GPS): .......................................................................................................34
1.3.
Safety Considerations: ........................................................................................................................34
2
Abbreviations and Acronyms
4SLB
4SRB
AFS
AQD
bbl
BACT
CAA
CAM
CEMS
CFR
CMS
COMS
CO
CO2
dscf
dscm
EPA
gal
GPM
H 2S
HAP
hr
ID
kg
lbs
MACT
Mg
MMBtu
MMSCFD
mo
NESHAP
NMHC
NOx
NSPS
NSR
pH
PM
PM10
ppbvd
ppm
ppmvd
PSD
PTE
psi
psia
RAC
RICE
RMP
scf
scfm
SI
SO2
SUIT
tpy
Tribe
Four-Stroke Lean-Burn
Four-Stroke Rich-Burn
Air Facility System database
Southern Ute Indian Tribe’s Air Quality Division
Barrels
Best Available Control Technology
Clean Air Act [42 U.S.C. Section 7401 et seq.]
Compliance Assurance Monitoring
Continuous Emission Monitoring System
Code of Federal Regulations
Continuous Monitoring System (includes COMS, CEMS and diluent monitoring)
Continuous Opacity Monitoring System
Carbon monoxide
Carbon dioxide
Dry standard cubic foot
Dry standard cubic meter
United States Environmental Protection Agency
Gallon
Gallons per minute
Hydrogen sulfide
Hazardous Air Pollutant
Hour
Identification Number
Kilogram
Pounds
Maximum Achievable Control Technology
Megagram
Million British Thermal Units
Million standard cubic feet per day
Month
National Emission Standards for Hazardous Air Pollutants
Non-methane hydrocarbons
Nitrogen Oxides
New Source Performance Standard
New Source Review
Negative logarithm of effective hydrogen ion concentration (acidity)
Particulate Matter
Particulate matter less than 10 microns in diameter
Parts per billion by volume, dry
Parts per million
Parts per million by volume, dry
Prevention of Significant Deterioration
Potential to Emit
Pounds per square inch
Pounds per square inch absolute
Southern Ute Indian Tribe/State of Colorado Environmental Commission’s Reservation
Air Code
Reciprocating Internal Combustion Engine
Risk Management Plan
Standard cubic feet
Standard cubic feet per minute
Spark Ignition
Sulfur Dioxide
Southern Ute Indian Tribe
Ton(s) Per Year
Southern Ute Indian Tribe
3
US EPA
VOC
United States Environmental Protection Agency
Volatile Organic Compounds
4
Table of Figures
Table 1 - Emission Units................................................................................................................. 7
Table 2 - Insignificant Emission Units ........................................................................................... 7
5
Section I – Source Information and Emission Unit Identification
Source Information
Owner Name:
Transit Waste, LLC
Facility Name:
Bondad Recycling Center and Depository
Facility Location:
Section 31, T33N, R9W
Latitude:
37.055197 °N
Longitude:
State:
-107.862756 °W
Colorado
County:
La Plata
Responsible Official:
Region Engineering and Compliance
SIC Code:
4953
ICIS Identification Number:
SU00000008067U0022
EPA Facility Registry ID:
110030748877
Other Clean Air Act Permits
None
Process Description:
According to Transit Waste’s application, the Bondad Recycling Center and Depository (Bondad
Landfill) is a municipal solid waste (MSW) disposal site that accepts non-hazardous residential,
commercial, and industrial waste. The facility has been in operation since 1997 and the operating
hours for receiving waste are Monday through Friday 8:00a.m. to 4:30 a.m. MT. The site operating
hours may extend beyond this time period to allow for site preparation and the application of daily
cover.
The Process of waste decomposition over time includes complex microbial and biochemical
reactions within the landfill’s interior after the waste has been deposited. The first stage of refuse
decomposition is rapid and continues until the entrained oxygen within the refuse has been
depleted. The mature stage of refuse decomposition is anaerobic. The two primary constituents of
landfill gas (LFG) during this phase are methane (CH4) and carbon dioxide (CO2). The landfill gas
composition is typically about 45 percent CO2 with the remaining 50 percent being CH4. The
production of LFG is a continuous process; it begins a few months after initial waste placement
and continues until microbial reactions are limited by substrate or moisture availability.
LFG production volumes are affected by the rate at which the solid waste is disposed. Production
volumes vary over the lifetime of the landfill but generally increase from year to year until the
peak volume is reached shortly after landfill closure. Other factors influencing production include
climate (i.e. precipitation), overall moisture conditions within the landfill, types of solid waste
accepted (degradable vs. inert), etc.
6
The LFG picks up other constituents in relatively small concentrations as it travels through the
refuse. These include hydrogen sulfide, which can range from zero to several hundred parts per
million (ppm) non-methane organic compounds (NMOC) and volatile organic compounds (VOC),
which can range from several hundred to several thousand ppm. Some of the VOCs are hazardous
air pollutants (HAPs). The CH4 and CO2 in the LFG are regulated greenhouse gas (GHG)
emissions.
Refuse hauling vehicles and other on-site vehicles generate fugitive dust (particulate matter)
emissions while traveling on haul roads and other portions of the landfill site. Heavy equipment
used for excavation, transportation, stockpiling, deposition of soil cover material, and wind also
generates fugitive particulate emissions on the landfill surface. To mitigate particulate emissions
at the site, these areas are watered using a water truck. The water trucks moves at slow speeds
across the site. Spraying a wide area with water to reduce particulate emissions.
Diesel fuel, engine lubrication oil, antifreeze, and hydraulic fluid or oil are stored on-site. The
facility maintains one (1) 200-gallon diesel storage tank, four (4) 300-gallon storage tank, and five
(5) 55-gallon storage thanks. These sources emit fugitive VOC and HAP emissions.
Source Emission Points
Table 1 - Emission Units
Emission
Unit ID
Description
Control
Equipment
E001
Landfill Gas Surface Emissions
None
E002
Fugitive Dust Emissions – Haul Roads / Landfill Surface
None
Table 2 - Insignificant Emission Units
Emission Unit
ID
Amount
Description
Size
Units
IE0001
1
2,000
gal
IE0002
3
300
gal
IE0003
5
55
gal
IE0004
1
5
HP
FUG
Various
Diesel Storage Tank
Storage Tank (Storing Engine Lubrication Oil,
Antifreeze, Hydraulic Fluid and /or Oil)
Storage Tanks (Storing Engine Lubrication Oil,
Antifreeze, Hydraulic Fluid and / or Oil)
Portable Diesel Engine for Landfill Tarp Machine
Unloading Cover Material / Wind Erosion of Cover
Storage Piles
N/A
N/A
7
Section II – General Requirements
Title V Administrative Requirements
1.1. Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118]
1.1.1. An annual operating permit emission fee shall be paid to the Tribe by the
permittee.
[RAC 2-118(2)]
1.1.2. The permittee shall pay the annual permit fee each year no later than April 1 st for
the preceding calendar year.
[RAC 2-118(2)]
1.1.3. Fee payments shall be remitted in the form of a money order, bank draft, certified
check, corporate check, or electronic funds transfer payable to the Southern Ute
Indian Tribe and sent or delivered by the United States Postal Service c/o
Environmental Programs Department Part 70 Program, P.O. Box 737 MS #84,
Ignacio, Colorado 81137; or by common carrier (such as UPS or FedEx) c/o
Environmental Programs Department Part 70 Program, 398 Ouray Drive, Ignacio,
Colorado 81137.
[RAC 2-118(4)(a)]
1.1.4. The permittee shall send an updated fee calculation worksheet submitted annually
by the same deadline as required for fee payment to the address listed in the
Submissions section of this permit.
[RAC 2-118]
1.1.5. 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)]
8
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)]
9
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)]
10
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
11
confidential must be accompanied by a claim of confidentiality according to the
provisions of RAC 2-124.
[RAC 2-110(7)(e) and RAC 2-124]
1.3.2. The permittee, upon becoming aware that any relevant facts were omitted or
incorrect information was submitted in the permit application or in a supplemental
submittal, shall promptly submit such supplementary facts or corrected
information. In addition, a permittee shall provide additional information as
necessary to address any requirements that become applicable after the date a
complete application is filed, but prior to release of a draft permit.
[RAC 2-106(5)]
1.4. Submissions [RAC 2-105]
1.4.1. Any application, form, report, compliance certification, or other document
submitted by the permittee under this permit shall contain a certification by a
responsible official of truth, accuracy, and completeness. This certification shall
state that, based on information and belief formed after reasonable inquiry, the
statements and information in the document are true, accurate, and complete.
[Explanatory Note: The Tribe has developed a reporting form “CTAC” for certifying
truth, accuracy and completeness of part 70 submissions. The form may be found on the
AQD’s website (http://www.southernute-nsn.gov/environmental-programs/air-quality).]
1.4.2. Except where otherwise noted, any documents required to be submitted under this
permit, including reports, test data, monitoring data, notifications, compliance
certifications, fee calculation worksheets, and applications for renewals and permit
modifications shall be submitted:
1.5. Severability Clause [RAC 1-106 and RAC 2-110(1)(f)]
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
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)]
12
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.
13
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]
14
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;
1.10.2.4.
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
15
1.10.2.7.
1.11.
The Administrator has found that cause exists to terminate the permit.
Property Rights [RAC 2-110(3)(e)]
This permit does not convey any property rights of any sort, or any exclusive
privilege.
1.12.
Inspection and Entry [RAC 2-110(9)(b)]
Upon presentation of credentials and other documents as may be required by law,
the permittee shall allow authorized representatives of the Tribe or other authorized
representative to perform the following:
1.12.1. Enter upon the permittee’s premises where a source is located or emissions-related
activity is conducted, or where records must be kept under the conditions of the
permit;
1.12.2. Have access to and copy, at reasonable times, any records that must be kept under
the conditions of the permit;
1.12.3. Inspect at reasonable times any facilities, equipment (including monitoring and air
pollution control equipment), practices, or operations regulated or required under
the permit; and
1.12.4. As authorized by the Clean Air Act, sample or monitor at reasonable times
substances or parameters for the purpose of assuring compliance with the permit or
applicable requirements.
1.13.
[Reserved]
[RAC 2-117(3)]
1.14.
Permit Transfers [RAC 2-113]
1.14.1. This permit shall not be transferable, by operation of law or otherwise, from one
location to another or from one source to another, except that a permit may be
transferred from one location to another in the case of a portable source that has
notified the Tribe in advance of the transfer, pursuant to the RAC. A permit for a
source may be transferred from one person to another if the Tribe finds that the
transferee is capable of operating the source in compliance with the permit. This
transfer must be accomplished through an administrative permit revision in
accordance with the Administrative Permit Revisions section of this permit.
1.15.
Off-Permit Changes [RAC 2-116(2)]
16
1.15.1. The permittee is allowed to make, without a permit revision, certain changes that
are not addressed or prohibited by this permit provided that the following
requirements are met:
1.15.1.1.
Each such change meets all applicable requirements and shall not violate
any existing permit term or condition;
1.15.1.2.
Such changes are not subject to any requirements under title IV of the Clean
Air Act and are not modifications under title I of the Clean Air Act;
1.15.1.3.
Such changes are not subject to permit revision procedures under RAC §2111; and
1.15.1.4.
The permittee provides contemporaneous written notice to the Tribe and the
Administrator of each such change, except for changes that qualify as
insignificant activities. Such notice shall state when the change occurred
and shall describe the change, any resulting emissions change, pollutants
emitted, and any applicable requirement that would apply as a result of the
change.
[RAC 2-116(2)(a)]
1.15.2. The permit shield does not apply to changes made under this provision.
[RAC 2-110(10)(d)]
1.15.3. The permittee shall keep a record describing changes made at the source that result
in emissions of any regulated air pollutant subject to an applicable requirement, but
not otherwise regulated under the permit, and the emissions resulting from those
changes.
[RAC 2-116(2)(b)]
1.15.4. A copy of each off-permit change notification shall be made available to the Tribe
upon request.
[RAC 2-110(6)]
1.16.
Permit Expiration and Renewal
[RAC §§2-104(3), 2-106(2)(b), 2-107(7)(a), 2-107(7)(b), 2-110(1)(a), and 2-106(3)]
1.16.1. This permit shall expire five years from the issuance date of this permit.
[RAC 2-110(1)(a)]
1.16.2. Expiration of this permit terminates the permittee’s right to operate unless a timely
and complete permit renewal application has been submitted at least 6 months but
not more than 18 months prior to the date of expiration of this permit.
[RAC 2-107(7)(b)]
17
1.16.3. If the permittee submits a timely and complete permit application for renewal,
consistent with RAC §2-106 but the Tribe has failed to issue or disapprove a
renewal permit before the end of the permit term, then the permit shall not expire
and all its terms and conditions shall remain in effect until the renewal permit has
been issued or disapproved.
[RAC 2-104(2)(b)]
1.16.4. The ability to operate under this permit shall cease if (1) the Tribe takes final action
to issue the permittee a renewal permit or deny the permittee a permit or (2) the
permittee fails to submit by the deadline specified in writing by the Tribe any
additional information identified as being needed to process the application.
[RAC 2-104(3)]
1.16.5. Renewal of this permit is subject to the same procedures, including those for public
participation and affected program and EPA review, as those that apply to initial
permit issuance.
[RAC 2-107(7)(a)]
1.16.6. The application for renewal shall include the current permit number, description of
permit revisions and off permit changes that occurred during the permit term, any
applicable requirements that were promulgated and not incorporated into the permit
during the permit term, and other information required by the application form.
[RAC 2-106(4)(e)(ix)]
Facility-Wide Requirements
Conditions in this section of the permit apply to all emissions units located at the facility,
including any units not specifically listed in Table 1 or Table 2 of the Source Emission Points
section of this permit.
[RAC 2-110(1)(d)]
2.1. General Recordkeeping Requirements [RAC 2-110(6)]
The permittee shall comply with the following generally applicable recordkeeping
requirements:
2.1.1. If the permittee determines that his or her stationary source that emits (or has the
potential to emit, without federally recognized controls) one or more hazardous air
pollutants is not subject to a relevant standard or other requirement established
under 40 CFR part 63, the permittee shall keep a record of the applicability
determination, for a period of five years after the determination, or until the source
changes its operations to become an affected source, whichever comes first. Each
of these records shall be made available to the Tribe upon request. The record of
the applicability determination shall include an analysis (or other information) that
demonstrates why the permittee believes the source is unaffected (e.g., because the
source is an area source).
18
[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
19
2.2.4.
“Prompt” is defined as follows:
2.2.4.1.
Where the underlying applicable requirement contains a definition of
“prompt” or otherwise specifies a time frame for reporting deviations, that
definition or time frame shall govern.
2.2.4.2.
Where the underlying applicable requirement fails to address the time frame
for reporting deviations, reports of deviations will be submitted based on
the following schedule:
2.2.4.2.1. For emissions of a hazardous air pollutant or a toxic air pollutant (as
identified in the applicable regulation) that continue for more than
an hour in excess of permit requirements, the report must be made
by email, telephone, verbal, or facsimile communication by the
close of business the next working day, upon discovery of the
occurrence, and in writing within 10 working days from the
occurrence;
2.2.4.2.2. For emissions of any regulated air pollutant, excluding those listed
in RAC §2-110(7)(b)(i), that continue for more than 2 hours in
excess of permit requirements, the report must be made by email,
telephone, verbal, or facsimile communication by the close of
business the next working day, upon discovery of the occurrence,
and in writing within 10 working days from the occurrence;
2.2.4.2.3. For all other deviations from permit requirements, the report shall
be contained in the report submitted with the semi-annual
monitoring report.
[RAC 2-110(7)(b)]
2.3. Alternative Operating Scenarios [RAC 2-110(8)]
2.3.1. Replacement of an existing engine or turbine identified in this permit shall be
allowed as an off-permit change pursuant to the Off Permit Changes provisions of
this permit provided all of the following conditions are met:
2.3.1.1.
The engine or turbine replacement is not subject to any requirements under
Title IV of the Clean Air Act and is not a modification under Title I of the
Clean Air Act;
2.3.1.2.
The replacement engine or turbine is of the same make, model, horsepower
rating, and configured to operate in the same manner as the engine or turbine
being replaced.
20
2.3.1.3.
The replacement engine or turbine meets all applicable requirements
identified in this permit that apply to the existing engine or turbine being
replaced.
2.3.1.4.
All applicable requirements that apply to the replacement engine or turbine
are already included in the permit. Replacement of an existing engine or
turbine identified in this permit with a new, modified, or reconstructed
engine must utilize a Minor Permit Revision as specified in RAC 2-111(3)
or a Significant Permit Revision as specified in RAC 2-111(4) to
incorporate any new applicable requirements. The applicable requirements
include, but may not be limited to:
2.3.1.4.1. Standards of Performance for Stationary Compression Ignition
Internal Combustion at 40 CFR Part 60, Subpart IIII;
2.3.1.4.2. Standards of Performance for Stationary Spark Ignition Internal
Combustion Engines at 40 CFR Part 60, Subpart JJJJ;
2.3.1.4.3. National Emission Standard for Hazardous Air Pollutants for
Stationary Reciprocating Internal Combustion Engines at 40 CFR
Part 63, Subpart ZZZZ;
2.3.1.4.4. Standards of Performance for Stationary Gas Turbines at 40 CFR
Part 60, Subpart GG;
2.3.1.4.5. Standards of Performance for Stationary Combustion Turbines at 40
CFR Part 60, Subpart KKKK;
2.3.1.4.6. National Emission Standard for Hazardous Air Pollutants for
Stationary Combustion Turbines at 40 CFR Part 63, Subpart YYYY;
2.3.1.4.7. Requirements established in a permit or permits issued pursuant to
the Federal Minor New Source Review Program in Indian Country
at 40 CFR Part 49;
2.3.1.4.8. Requirements established in a permit or permits issued pursuant to
the Prevention of Significant Deterioration of Air Quality Program
at 40 CFR Part 52; or
2.3.1.4.9. Requirements established in any promulgated Federal
Implementation Plan that may apply to engines located on the
Southern Ute Indian Reservation.
2.3.2. The permittee shall provide contemporaneous written notice to the Tribe and the
Administrator of any replacement of an existing engine or turbine identified in this
21
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:
22
2.5.1. Persons opening appliances for maintenance, service, repair, or disposal must
comply with the required practices pursuant to 40 CFR §82.156.
2.5.2. Equipment used during the maintenance, service, repair, or disposal of appliances
must comply with the standards for recycling and recovery equipment pursuant to
40 CFR §82.158.
2.5.3. Persons performing maintenance, service, repair, or disposal of appliances must be
certified by an approved technician certification program pursuant to 40 CFR
§82.161.
Section III – Site Specific Permit Terms
Reserved - New Source Performance Standards (NSPS) and 40 CFR Part 60
2. Reserved - National Emission Standards for Hazardous Air Pollutants (NESHAP) and
40 CFR Part 63
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
Approval and Promulgation of State Plans for Designated Facilities
8.1. 40 CFR Part 62, Subpart A –General Provisions [40 CFR 62.01- 62.13]
23
This source is subject to the requirements of 40 CFR Part 62, Subpart A – General
Provisions. Notwithstanding conditions in this permit, the permittee shall comply with all
applicable requirements of 40 CFR Part 62, Subpart A.
8.1.1. Introduction
8.1.1.1.
The part 60 subpart A of this chapter general provisions and appendices to
part 60 apply to part 62, except as follows: 40 CFR 60.7(a)(1), 60.7(a)(3),
and 60.8(a) and where special provisions set forth under the applicable
subpart of this part shall apply instead of any conflicting provisions.
[40 CFR 62.02]
8.1.2. Reporting Requirements
8.1.2.1. All requests, reports, applications, submittals, and other communications to
the Administrator pursuant to this part shall be submitted in duplicate to the
appropriate Regional Office of the U.S. Environmental Protection Agency to
the attention of the Director of the Division indicated in the following list of
EPA Regional Offices.
Director
Air Program
Office of Partnerships and Regulatory Assistance
Mail Code 8P-AR
1595 Wynkoop Street
Denver, CO 80202-1129
[40 CFR 62.10]
8.1.3. Federal Plans
8.1.3.1. The Federal plans apply to owners and operators of affected facilities that
are not covered by an EPA approved and currently effective State or Tribal
plan. The substantive requirements of the municipal solid waste landfills
Federal plan that implements 40 CFR part 60, subpart Cf, are contained in
subpart OOO of this part. These requirements include emission limits,
compliance schedules, testing, monitoring, and reporting and recordkeeping
requirements.
[40 CFR 62.13]
8.2. 40 CFR Part 62, Subpart OOO – Federal Plan Requirements for Municipal Solid
Waste Landfills That Commenced Construction On or Before July 17, 2014 and
Have Not Been Modified or Reconstructed Since July 17, 2014 [40 CFR 62.16710 –
62.16730]
24
This facility is subject to the requirements of 40 CFR Part 62, Subpart OOO for municipal
solid waste (MSW) landfills in Indian country which commenced construction,
reconstruction, or modification on or before July 17, 2014, and has accepted waste at any
time since November 8, 1987. Notwithstanding conditions in this permit, the permittee
shall comply with all applicable requirements of 40 CFR Part 62, Subpart OOO.
8.2.1. Standards for Municipal Solid Waste Landfill Emissions
8.2.1.1.
Emissions. The owner or operator of an MSW landfill having a design
capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic
meters must calculate an initial nonmethane organic compounds (NMOC)
emission rate for the landfill using the procedures specified in §62.16718(a).
The NMOC emission rate must be recalculated annually, except as provided
in §62.16724(c)(3).
[40 CFR 62.16714(e)]
8.2.1.1.1.
If the calculated NMOC emission rate is less than 34 megagrams per
year, the owner or operator must:
[40 CFR 62.16714(e)(1)]
8.2.1.1.1.1.
Submit an annual NMOC emission rate report according to
§62.16724(c), except as provided in §62.16724(c)(3); and
[40 CFR 62.16714(e)(1)(i)]
8.2.1.1.1.2.
Recalculate the NMOC emission rate annually using the
procedures specified in §62.16724(a) until such time as the
calculated NMOC emission rate is equal to or greater than
34 megagrams per year, or the landfill is closed.
[40 CFR 62.16714(e)(1)(ii)]
8.2.1.1.1.2.1.
8.2.1.2.
If the calculated NMOC emission rate, upon initial
calculation or annual recalculation required in
§62.16714 (e)(1)(ii), is equal to or greater than 34
megagrams per year, the owner or operator must
either: Comply with §62.16714 (b) and (c); calculate
NMOC emissions using the next higher tier in
§62.16718; or conduct a surface emission monitoring
demonstration using the procedures specified in
§62.16718(a)(6).
[40 CFR 62.16714(e)(1)(ii)(A)]
If the calculated NMOC emission rate is equal to or greater than 34
megagrams per year using Tier 1, 2, or 3 procedures, the owner or operator
must either: Submit a collection and control system design plan prepared by
a professional engineer to the Administrator within 1 year as specified in
25
§62.16724(d), except for exemptions allowed under §62.16711(g)(3);
calculate NMOC emissions using a higher tier in §62.16718; or conduct a
surface emission monitoring demonstration using the procedures specified
in §62.16718(a)(6).
[40 CFR 62.16714(e)(2)]
8.2.2. Test Methods and Procedures
8.2.2.1.
Calculate the landfill NMOC emission rate and conduct a surface emission
monitoring demonstration according to the provisions in this section.
8.2.2.2.
NMOC Emission rate. The landfill owner or operator must calculate the
NMOC emission rate using either equation provided in the paragraphs
below. Both Equation 1 and Equation 2 may be used if the actual year-toyear solid waste acceptance rate is known, as specified in paragraph
§62.16718(a)(1)(i), for part of the life of the landfill and the actual year-toyear solid waste acceptance rate is unknown, as specified in paragraph
§62.16718(a)(1)(ii), for part of the life of the landfill. The values to be used
in both Equation 1 and Equation 2 are 0.05 per year for k, 170 cubic meters
per megagram for Lo, and 4,000 parts per million by volume as hexane for
the CNMOC. For landfills located in geographical areas with a 30-year annual
average precipitation of less than 25 inches, as measured at the nearest
representative official meteorological site, the k value to be used is 0.02 per
year.
[40 CFR 62.16718(a)(1)]
8.2.2.2.1.
If the actual year-to-year solid waste acceptance rate is known the
following equation shall be used
𝒏
𝟐 𝒌 𝑳𝒐 𝑴𝒊 𝒆 𝒌𝒕𝒊 (𝑪𝑵𝑴𝑶𝑪 )(𝟑. 𝟔 × 𝟏𝟎 𝟗 ) (𝑬𝒒. 𝟏)
𝑴𝑵𝑴𝑶𝑪 =
𝒊 𝟏
Where:
MNMOC = Total NMOC emission rate from the landfill,
megagrams per year.
k = Methane generation rate constant, year−1.
Lo = Methane generation potential, cubic meters per megagram
solid waste.
26
Mi = Mass of solid waste in the ith section, megagrams.
ti = Age of the ith section, years,
CNMOC = Concentration of NMOC, parts per million by volume as
hexane.
3.6 × 10−9 = Conversion factor.
[40 CFR 62.16718(a)(1)(i)(A)]
8.2.2.2.2.
The mass of nondegradable solid waste may be subtracted from the
total mass of solid waste in a particular section of the landfill when
calculating the value for Mi if documentation of the nature and
amount of such wastes is maintained.
[40 CFR 62.16718(a)(1)(i)(B)]
8.2.2.2.3.
If the actual year-to-year solid waste acceptance rate is unknown the
following equation shall be used
𝑴𝑵𝑴𝑶𝑪 = 𝟐𝑳𝒐 𝑹 𝒆 𝒌𝒄 − 𝒆 𝒌𝒕 𝑪𝑵𝑴𝑶𝑪 (𝟑. 𝟔 × 𝟏𝟎 𝟗 ) (𝑬𝒒. 𝟐)
Where:
MNMOC = Mass emission rate of NMOC, megagrams per year.
Lo = Methane generation potential, cubic meters per megagram
solid waste.
R = Average annual acceptance rate, megagrams per year.
k = Methane generation rate constant, year−1.
t = Age of landfill, years.
CNMOC = Concentration of NMOC, parts per million by volume as
hexane.
c = Time since closure, years; for an active landfill c = 0 and
e−kc = 1.
3.6 × 10−9 = Conversion factor.
[40 CFR 62.16718(a)(1)(ii)(A)]
27
8.2.2.2.4.
8.2.2.3.
The mass of nondegradable solid waste may be subtracted from the
total mass of solid waste in a particular section of the landfill when
calculating the value of R, if documentation of the nature and
amount of such wastes is maintained.
[40 CFR 62.16718(a)(1)(ii)(B)]
Tier 2. The landfill owner or operator must determine the site-specific
NMOC concentration using the following sampling procedure. The landfill
owner or operator must install at least two sample probes per hectare, evenly
distributed over the landfill surface that has retained waste for at least 2
years. If the landfill is larger than 25 hectares in area, only 50 samples are
required. The probes should be evenly distributed across the sample area.
The sample probes should be located to avoid known areas of
nondegradable solid waste. The owner or operator must collect and analyze
one sample of landfill gas from each probe to determine the NMOC
concentration using EPA Method 25 or 25C of appendix A-7 of 40 CFR
part 60. Taking composite samples from different probes into a single
cylinder is allowed; however, equal sample volumes must be taken from
each probe. For each composite, the sampling rate, collection times,
beginning and ending cylinder vacuums, or alternative volume
measurements must be recorded to verify that composite volumes are equal.
Composite sample volumes should not be less than one liter unless evidence
can be provided to substantiate the accuracy of smaller volumes. Terminate
compositing before the cylinder approaches ambient pressure where
measurement accuracy diminishes. If more than the required number of
samples is taken, all samples must be used in the analysis. The landfill
owner or operator must divide the NMOC concentration from EPA Method
25 or 25C of appendix A-7 of 40 CFR part 60 by 6 to convert from C NMOC
as carbon to CNMOC as hexane. If the landfill has an active or passive gas
removal system in place, EPA Method 25 or 25C samples may be collected
from these systems instead of surface probes provided the removal system
can be shown to provide sampling as representative as the two sampling
probes per hectare requirement. For active collection systems, samples may
be collected from the common header pipe. The sample location on the
common header pipe must be before any gas moving, condensate removal,
or treatment system equipment. For active collection systems, a minimum
of three samples must be collected from the header pipe.
[40 CFR 62.16718(a)(3)]
8.2.2.3.1.
Within 60 days after the date of determining the NMOC
concentration and corresponding NMOC emission rate, the owner
or operator must submit the results according to §62.16724(j)(2).
[40 CFR 62.16718(a)(3)(i)]
28
8.2.2.3.2.
The landfill owner or operator must recalculate the NMOC mass
emission rate using Equation 1 or Equation 2 provided in paragraph
(a)(1)(i) or (ii) using the average site-specific NMOC concentration
from the collected samples instead of the default value provided in
paragraph (a)(1).
[40 CFR 62.16718(a)(3)(ii)]
8.2.2.3.3.
If the resulting NMOC mass emission rate is less than 34
megagrams per year, then the owner or operator must submit a
periodic estimate of NMOC emissions in an NMOC emission rate
report according to §62.16724(c) and must recalculate the NMOC
mass emission rate annually as required under §62.16714(e). The
site-specific NMOC concentration must be retested every 5 years
using the methods specified in this section.
[40 CFR 62.16718(a)(3)(iii)]
8.2.2.3.4.
If the NMOC mass emission rate as calculated using the Tier 2 sitespecific NMOC concentration is equal to or greater than 34
megagrams per year, the owner or operator must either:
[40 CFR 62.16718(a)(3)(iv)]
8.2.2.4.
8.2.2.3.4.1.
Submit a gas collection and control system design plan
within 1 year as specified in §62.16724(d) and install and
operate a gas collection and control system within 30 months
according to §62.16714(b) and (c);
[40 CFR 62.16718(a)(3)(iv)(A)]
8.2.2.3.4.2.
Determine a site-specific methane generation rate constant
and recalculate the NMOC emission rate using the Tier 3
procedures specified in §62.16718 (a)(4); or
[40 CFR 62.16718(a)(3)(iv)(B)]
8.2.2.3.4.3.
Conduct a surface emission monitoring demonstration using
the Tier 4 procedures specified in paragraph
§62.16718(a)(6).
[40 CFR 62.16718(a)(3)(iv)(C)]
When calculating emissions for Prevention of Significant Deterioration
purposes, the owner or operator of each MSW landfill subject to the
provisions of this subpart must estimate the NMOC emission rate for
comparison to the Prevention of Significant Deterioration major source and
significance levels in 40 CFR 51.166 or 40 CFR 52.21 using Compilation
of Air Pollutant Emission Factors, Volume I: Stationary Point and Area
Sources (AP-42) or other approved measurement procedures.
29
[40 CFR 62.16718(c)]
8.2.3. Reporting Guidelines
8.2.3.1.
Follow the reporting provisions listed in this section, as applicable, except
as provided under 40 CFR 60.24 and §§62.16711(g), (h), and
62.16724(d)(2).
8.2.3.1.1.
Design capacity report. Submit the initial design capacity report no
later than September 20, 2021. The initial design capacity report
must contain the following information:
[40 CFR 62.16724(a)]
8.2.3.1.1.1.
A map or plot of the landfill, providing the size and location
of the landfill, and identifying all areas where solid waste
may be landfilled according to the permit issued by the state,
local, or tribal agency responsible for regulating the landfill.
[40 CFR 62.16724(a)(1)]
8.2.3.1.1.2.
The maximum design capacity of the landfill. Where the
maximum design capacity is specified in the permit issued
by the state, local, or tribal agency responsible for regulating
the landfill, a copy of the permit specifying the maximum
design capacity may be submitted as part of the report. If the
maximum design capacity of the landfill is not specified in
the permit, the maximum design capacity must be calculated
using good engineering practices. The calculations must be
provided, along with the relevant parameters as part of the
report. The landfill may calculate design capacity in either
megagrams or cubic meters for comparison with the
exemption values. If the owner or operator chooses to
convert the design capacity from volume to mass or from
mass to volume to demonstrate its design capacity is less
than 2.5 million megagrams or 2.5 million cubic meters, the
calculation must include a site-specific density, which must
be recalculated annually. Any density conversions must be
documented and submitted with the design capacity report.
The state, local, or tribal agency or the Administrator may
request other reasonable information as may be necessary to
verify the maximum design capacity of the landfill.
[40 CFR 62.16724(a)(2)]
8.2.3.1.2.
Amended design capacity report. An amended design capacity
report must be submitted providing notification of an increase in the
design capacity of the landfill, within 90 days of an increase in the
30
maximum design capacity of the landfill to meet or exceed 2.5
million megagrams and 2.5 million cubic meters. This increase in
design capacity may result from an increase in the permitted volume
of the landfill or an increase in the density as documented in the
annual recalculation required in §62.16726(f).
[40 CFR 62.16724(b)]
8.2.3.1.3.
NMOC emission rate report. For existing MSW landfills covered
by this subpart with a design capacity equal to or greater than 2.5
million megagrams and 2.5 million cubic meters, the NMOC
emission rate report must be submitted following the procedure
specified in §62.16724 (j)(2) no later than 90 days after the effective
date of this subpart. The NMOC emission rate report must be
submitted to the Administrator annually following the procedure
specified in §62.16726(j)(2), except as provided for in
§62.16726(c)(3). The Administrator may request such additional
information as may be necessary to verify the reported NMOC
emission rate.
[40 CFR 62.16724(c)]
8.2.3.1.3.1.
The NMOC emission rate report must contain an annual or
5-year estimate of the NMOC emission rate calculated using
the formula and procedures provided in §62.16718(a) or (b),
as applicable.
[40 CFR 62.16724(c)(1)]
8.2.3.1.3.2.
The NMOC emission rate report must include all the data,
calculations, sample reports and measurements used to
estimate the annual or 5-year emissions.
[40 CFR 62.16724(c)(2)]
8.2.3.1.3.3.
If the estimated NMOC emission rate as reported in the
annual report to the Administrator is less than 34 megagrams
per year in each of the next 5 consecutive years, the owner
or operator may elect to submit, following the procedure
specified in §62.16726(j)(2), an estimate of the NMOC
emission rate for the next 5-year period in lieu of the annual
report. This estimate must include the current amount of
solid waste-in-place and the estimated waste acceptance rate
for each year of the 5 years for which an NMOC emission
rate is estimated. All data and calculations upon which this
estimate is based must be provided to the Administrator.
This estimate must be revised at least once every 5 years. If
the actual waste acceptance rate exceeds the estimated waste
acceptance rate in any year reported in the 5-year estimate, a
31
revised 5-year estimate must be submitted to the
Administrator. The revised estimate must cover the 5-year
period beginning with the year in which the actual waste
acceptance rate exceeded the estimated waste acceptance
rate.
[40 CFR 62.16724(c)(3)]
8.2.3.1.3.4.
Each owner or operator subject to the requirements of this
subpart is exempted from the requirements to submit an
NMOC emission rate report, after installing a collection and
control system that complies with §62.16714(b) and (c),
during such time as the collection and control system is in
operation and in compliance with §§62.16716 and 62.16720.
[40 CFR 62.16724(c)(4)]
8.2.3.1.4.
Annual report. The initial annual report must be submitted within
180 days of installation and startup of the collection and control
system except for legacy controlled landfills that have already
submitted an initial report under 40 CFR part 60, subpart WWW;
subpart GGG of this part; or a state plan implementing 40 CFR part
60, subpart Cc.
[40 CFR 62.16724(h)]
8.2.3.1.5.
Electronic reporting. The owner or operator must submit reports
electronically according to §62.16724(2).
[40 CFR 62.16724(j)]
8.2.3.1.5.1.
Each owner or operator required to submit reports following
the procedure specified in this paragraph must submit reports
to the EPA via the CEDRI (CEDRI can be accessed through
the EPA's CDX). The owner or operator must use the
appropriate electronic report in CEDRI for this subpart or an
alternate electronic file format consistent with the XML
schema
listed
on
the
CEDRI
website
(https://www3.epa.gov/ttn/chief/cedri/index.html). If the
reporting form specific to this subpart is not available in
CEDRI at the time that the report is due, the owner or
operator must submit the report to the Administrator at the
appropriate address listed in 40 CFR 60.4. Once the form has
been available in CEDRI for 90 calendar days, the owner or
operator must begin submitting all subsequent reports via
CEDRI. The reports must be submitted by the deadlines
specified in this subpart, regardless of the method in which
the reports are submitted.
[40 CFR 62.16724(2)]
32
8.2.4. Recordkeeping Guidelines
Follow the recordkeeping provisions in this section.
8.2.4.1.
Except as provided in §62.16724(d)(2), each owner or operator of an MSW
landfill subject to the provisions of §62.16714(e) must keep for at least 5
years up-to-date, readily accessible, on-site records of the design capacity
report that triggered §62.16714(e), the current amount of solid waste inplace, and the year-by-year waste acceptance rate. Off-site records may be
maintained if they are retrievable within 4 hours. Either paper copy or
electronic formats are acceptable.
[40 CFR 62.16726(a)]
8.2.4.2.
Any records required to be maintained by this subpart that are submitted
electronically via the EPA's CDX may be maintained in electronic format.
[40 CFR 62.16726(i)]
33
Section IV – Appendix
Inspection Information
1.1. Driving Directions:
From Ignacio, head south on CO-172 toward County Road 318 / Indian Route 110,
approximately 1.2 miles. Turn right onto County Road 318 / Indian Route 110 and
proceed west approximately 7.5 miles to facility on the right.
1.2. Global Positioning System (GPS):
Latitude:
37.055197 °N
Longitude: -107.862756 °W
1.3. Safety Considerations:
Transit Waste requires all visitors to check in with the office / gatehouse before entering
the landfill. All visitors must wear the following personnel protective equipment (PPE)
while in the working area of the landfill:
Hard hat
Reflective vest
Hard sole lace boots (no open toed shoes)
No children or pets allowed out of the vehicle at any time. All non-customer visitors
must check out with the office / gatehouse before leaving the landfill.
34
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.