AIR QUALITY DIVISION (2025)
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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 23, 2025
Mr. Ethan Hinkley
Air Quality Compliance Manager
Red Cedar Gathering Company
125 Mercado St., Suite 201
Durango, CO 81301
RE: Part 70 Operating Permit – Permit Renewal
Title V Permit # V-SUIT-0036-2025.00
Red Cedar Gathering Company
Pump Canyon Compressor Station
Mr. Hinkley,
The Southern Ute Indian Tribe Air Quality Division (AQD) has completed its review of Red Cedar
Gathering Company’s (Red Cedar) request to renew a Title V Permit to Operate, pursuant to the Title V
Operating Permit Program at 40 CFR Part 70, for the Pump Canyon Compressor Station.
Based on the information submitted in Red Cedar’s application, the AQD hereby issues the enclosed
Title V Permit to Operate. The final permit will become effective on December 23, 2025.
A 30-day public comment period was held from August 8, 2025, to September 7, 2025. The AQD
received comments from Red Cedar during this time. No comments were received from the public,
affected states, or tribes. Following the 30-day public comment period, the AQD made the following
changes:
1. Section I.2. – The Install date for emission unit C-201 was changed from 10/19/2011 to
06/24/2021
2. Section III.1.1. – Removed paragraphs III.1.1.4.2., III.1.1.6.5.1., III.1.1.6.5.2., III.1.1.6.6., and
III.1.1.6.7.
3. Section III.2.1. – Replaced the term “12-month period” with “calendar year”. Additionally, the
AQD updated the bracketed notation to state that Red Cedar has elected to model emissions
according to alternative test method ALT-147.
4. Section III.2.2. – Removed paragraphs III.2.2.6.3.2.1. and III.2.2.6.3.2.2.
For a more detailed discussion of these comments and the resultant changes, please review the Response
to Comments document attached to this permit.
A 45-day Administrative Review period at EPA Region 8 was held from November 6, 2025, to
December 22, 2025. 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 II - Permitting
Southern Ute Indian Tribe
(970) 563-2273
mlamoreaux@southernute-nsn.gov
Cc: US EPA Region 8 - r8airpermitting@epa.gov
AIR QUALITY DIVISION
ENVIRONMENTAL PROGRAMS DEPARTMENT
SOUTHERN UTE INDIAN TRIBE
PO BOX 737, MS 84, IGNACIO, CO 81137
(970) 563 – 4705 ∙ (970) 563 – 0384 FAX
December 23, 2025
Response to Comments Document
Operator: Red Cedar Gathering Company
Facility: Pump Canyon Compressor Station
Permit Action: Title V Operating Permit Renewal
Comments From Red Cedar Gathering Company Received on Draft Title V Operating
Permit V-SUIT-0036-2025.00
I. Permit Provision I.2.: Source Emission Points
Comment #1:
Provision I.2. Table 1 – Emission Units
- AQD does not define "Install Date" but appears to be using the term to mean the date that
the engine with the listed serial number was installed on site and not the engine's
"commenced construction" date. If not, then the dates listed in table likely need correction. If
so, then: the “install date” for Pump Canyon C-201 should be changed from 10/19/2011 to
6/24/2021.
AQD’s Response #1:
The requested change has been made. The AQD defines the term “Install Date” and
“Installation Date” as the date the engine with the associated serial number is placed at a
source. The install date assists the AQD with tracking initial compliance provisions, such
as initial performance testing. The AQD will update the ‘install date’ to reflect the likekind engine exchange that took place on June 24, 2021.
II. Permit Provision III.1.1.: 40 CFR Part 60, Subpart JJJJ – Standards of Performance
for Stationary Spark Ignition Internal Combustion Engines [40 CFR 60.4230 - 60.4248,
RAC 3-102]
Comment #2:
Provision III.1.1.4.2.
- This paragraph does not apply and should be removed. Units E-305 - E-307 (Pump
Canyon) are 4SLB engines and their emissions are therefore not controlled using three-way
catalysts/non-selective reduction.
AQD’s Response #2:
The AQD verified there are no three-way catalysts/non-selective catalysts installed at the
Pump Canyon Compressor Station. The requested change has been made.
Comment #3:
Provision III.1.1.6.5.1. & III.1.1.6.5.2.
- This paragraph is unnecessary. Beyond describing EPA's preferred CBI submittal methods,
of which Red Cedar is aware, this paragraph does not serve a purpose in an operating
permit. Indeed, since the permittee must annually certify compliance with "all permit terms
and conditions" [I.1.2.2.1] of the permit, informational paragraphs like these could feasibly
lead to unnecessary permit deviations should the CBI process not occur in the exact manner
described.
AQD’s Response #3:
The requested changes have been made.
Comment #4:
Provision III.1.1.6.6-7.
- These paragraphs are unnecessary. Beyond describing how the permittee "may" handle an
EPA system outage or assert force majeure, of which Red Cedar is aware, this paragraph
does not serve a purpose in an operating permit. Indeed, since the permittee must annually
certify compliance with "all permit terms and conditions" [I.1.2.2.1] of the permit,
informational paragraphs like these could feasibly lead to unnecessary permit deviations
should the process not occur in the exact manner described.
AQD’s Response #4:
The requested changes have been made.
III. Permit Provision III.2.1.: 40 CFR Part 63, Subpart HH – National Emission Standards
for Hazardous Air Pollutants From Oil and Natural Gas Production Facilities [40 CFR
63.760 - 63.779, RAC 4-103]
Comment #5:
Provision III.2.1.1.
- We suggest revising the phrase "within a 12-month period" to "during the calendar year"
because the former is undefined, the start and end dates of "a 12-month period" may
describe any time in history so long the dates bound a period spanning 12-months, and the
paragraph's requirements are otherwise based upon an "at least once per calendar year"
frequency. Therefore, it follows that the allowable gas samples to be used for emissions
modeling should be limited to those obtained during the same calendar year for which
emissions are calculated.
In addition, on September 23, 2024, Red Cedar submitted a notification of intent to use
alternative test method ALT-147. Therefore, Red Cedar requests the italicized paragraph be
corrected to clarify that ProMax has indeed elected to model emissions according to the
alternative method.
Suggested language: The permittee must obtain an extended wet gas analysis of the inlet gas
stream at least once per calendar year. The gas sample shall be taken at a point prior to where
the gas enters the dehydration system contact tower. The analysis shall include the gas
temperature and pressure at which the sample was taken. The gas analysis results and
corresponding temperature and pressure documented during collection of the gas sample
must be used to determine the actual average benzene emissions annually, in accordance with
§63.772(b)(2)(i) or (ii). If electing to make this demonstration according §63.772(b)(2)(i),
using the GRI-GLYCalcTM model, the permittee shall perform each model run using a
single gas analysis and the corresponding temperature and pressure documented during
collection of the gas sample. The permittee may elect to average the results of multiple
GRIGLYCalcTM model runs to determine in determining actual annual average benzene
emissions annually, if multiple gas samples were are collected during the calendar year
within a 12-month period.
[The permittee has elected to model emissions according to alternative test method ALT-147.
If applying the use of ProMax® (ProMax), Red Cedar should continue to The permittee shall
adhere to the requirements of Subpart HH language as written in their current permits with
the exception that using ProMax Version 5.0 or higher may be used in place of GRIGLYCalc for the specific provisions identified in the EPA approval memo until receiving
AQD approval to use a different method. The use of ProMax is an alternative EPA approved
method (ALT-147). Should Red Cedar elect to use ProMax as an alternative method, Red
Cedar may not use another method until receiving AQD approval.]
AQD’s Response #5:
The AQD recognizes the inconsistency in both “calendar year” and “12-month period”
within the same provision. The AQD has revised the provision by replacing “12-month
period” with “calendar year”. The requested change has been made.
Red Cedar submitted a notice of intent to use ProMax in September 2024. Red Cedar did
not use ProMax in their Pump Canyon Title V renewal application submitted in May
2024. Red Cedar used ProMax in their Annual Compliance Certification Report
submitted in March 2025 to determine the actual average benzene emissions and
applicability to 40 CFR Part 63, Subpart HH, triggering the requirement 1 to continue to
use ProMax until Red Cedar receives an additional approval to use another method. The
AQD has revised the bracketed notation as follows:
[The permittee has elected to model emissions according to alternative test method ALT147. The permittee shall adhere to the requirements of Subpart HH language as written
in their current permits with the exception that ProMax Version 5.0 or higher will be
1
Letter from Steffan Johnson, Group Leader, Measurement Technology Group, U.S. EPA Office of Air Quality Planning and
Standards, to Josh Ravichandran, Bryan Research & Engineering, LLC, Re: Response to request for broad source category-wide
approval for use of Bryan Research & Engineering’s process simulation software, ProMax® (ProMax) in lieu of the GRIGLYCalc™ software (GLYCalc) for modeling glycol dehydration unit emissions in demonstrating compliance with 40 CFR part
63, subpart HH, National Emission Standards for Hazardous Air Pollutants from Oil and Gas Production Facilities (Subpart HH).
March 31, 2022. Available at https://www.epa.gov/system/files/documents/2022-03/ravichandran-bre-promaxaltfinal_147_signed.pdf and in the docket for this rulemaking, Docket Id. No. EPA-HQ-OAR2023-0234
used in place of GRI-GLYCalc for the specific provisions identified in the EPA approval
memo until receiving AQD approval to use a different method.]
IV. Permit Provision III.2.2.: 40 CFR Part 63, Subpart ZZZZ – National Emission
Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion
Engines [40 CFR 63.6580 - 63.6675, RAC 4-103]
Comment #6:
Provision III.2.2.6.3.2.1. & III.2.2.6.3.2.2.
- This paragraph is unnecessary. Beyond describing EPA's preferred CBI submittal methods,
of which Red Cedar is aware, this paragraph does not serve a purpose in an operating
permit. Indeed, since the permittee must annually certify compliance with "all permit terms
and conditions" [I.1.2.2.1] of the permit, informational paragraphs like these could feasibly
lead to unnecessary permit deviations should the CBI process not occur in the exact manner
described.
AQD’s Response #6:
The requested changes have been made.
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,
Red Cedar Gathering Company
Pump Canyon Compressor Station
is authorized to operate air emission units and to conduct other air pollutant emitting activities in
accordance with the conditions listed in this permit.
This source is authorized to operate at the following location:
Southern Ute Indian Reservation
Section 11, T32N, R8W
La Plata County, Colorado
Terms not otherwise defined in this permit have the meaning assigned to them in the referenced
regulations. All terms and conditions of the permit are enforceable by the Tribe and citizens under
the Clean Air Act.
Daniel Powers, Air Quality Division Head
Environmental Programs Department
Southern Ute Indian Tribe
AIR POLLUTION CONTROL
TITLE V PERMIT TO OPERATE
Red Cedar Gathering Company
Pump Canyon Compressor Station
SUIT Account Identification Code: 2-023
Permit Number: V-SUIT-0036-2025.00
[Replaces Permit No.: V-SUIT-0036-2019.00]
Issue Date:
Revised Date:
Expiration Date:
December 23, 2025
N/A
December 23, 2030
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
January 2004
Permit Issued
Initial Part 71 Permit Issued
# V-SU-0036-02.00
October 2009
Permit Issued
Part 71 Permit Renewal
# V-SU-0036-08.00
February 2011
Reopen for
Cause
January 2014
Permit Issued
September 2014
Permit
Revision
# V-SU-0036-2008.01
Initial Part 70 Permit Issued
Replaces EPA-Issued Permit V-SU-0032008.01
# V-SUIT-0036-2014.00
Minor Permit Revision
# V-SUIT-0036-2014.01
March 8, 2016
Permit
Revision
Administrative Permit Revision
• Section II.B.6.c.: Added 40 CFR 63.774(c),
Subpart HH site specific monitoring and
recordkeeping plan
# V-SUIT-0036-2014.02
November 19, 2019
Permit Issued
1st Part 70 Permit Renewal
# V-SUIT-0036-2019.00
December 23, 2025
Permit Issued
2nd Part 70 Permit Renewal
# V-SUIT-0036-2025.00
Table of Contents
Abbreviations and Acronyms ................................................................................................................................. 3
Section I – Source Information and Emission Unit Identification ............................................................................ 6
Source Information ..........................................................................................................................................6
Source Emission Points ....................................................................................................................................7
Section II – General Requirements ......................................................................................................................... 8
Title V Administrative Requirements ...............................................................................................................8
1.1.
Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118] ........................................................................8
1.2.
Compliance Requirements ..................................................................................................................10
1.3.
Duty to Provide and Supplement Information [RAC 2-110(7)(e), 2-106(5), and 2-124] ....................11
1.4.
Submissions [RAC 2-105] .....................................................................................................................12
1.5.
Severability Clause [RAC 1-106 and RAC 2-110(1)(f)] .........................................................................12
1.6.
Permit Actions [RAC 2-110(3)] ............................................................................................................13
1.7.
Administrative Permit Revision [RAC 2-111(2)] .................................................................................13
1.8.
Minor Permit Revisions [RAC 2-111(3)] ..............................................................................................13
1.9.
Significant Permit Revisions [RAC 2-111(4)] .......................................................................................14
1.10.
Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2-112] .........................15
1.11.
Property Rights [RAC 2-110(3)(e)] .......................................................................................................16
1.12.
Inspection and Entry [RAC 2-110(9)(b)] ..............................................................................................16
1.13.
[Reserved] ............................................................................................................................................16
1.14.
Permit Transfers [RAC 2-113] ..............................................................................................................16
1.15.
Off-Permit Changes [RAC 2-116(2)].....................................................................................................17
1.16.
Permit Expiration and Renewal ..........................................................................................................17
Facility-Wide Requirements...........................................................................................................................18
2.1.
General Recordkeeping Requirements [RAC 2-110(6)] ......................................................................18
2.2.
General Reporting Requirements .......................................................................................................19
2.3.
Alternative Operating Scenarios [RAC 2-110(8)] ................................................................................20
2.4.
Permit Shield [RAC 2-110(10)(c)].........................................................................................................22
2.5.
Stratospheric Ozone and Climate Protection [40 CFR Part 82] ..........................................................23
Section III – Site Specific Permit Terms ................................................................................................................ 23
New Source Performance Standards (NSPS) and 40 CFR Part 60 ..................................................................23
1.1.
40 CFR Part 60, Subpart JJJJ – Standards of Performance for Stationary Spark Ignition Internal
Combustion Engines [40 CFR 60.4230 – 60.4248 and RAC §3-102] ..................................................................23
National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR Part 63 ...........................34
2.1.
40 CFR Part 63, Subpart HH - National Emission Standards for Hazardous Air Pollutants from Oil
and Natural Gas Production Facilities [40 CFR 63.760 – 63.779 and RAC 4-103] .............................................34
2.2.
40 CFR Part 63, Subpart ZZZZ – National Emission Standards for Hazardous Air Pollutants for
Reciprocating Internal Combustion Engines [40 CFR 63.6580 – 63.6675 and RAC 4-103] ...............................34
Reserved – Tribal Minor New Source Review ................................................................................................56
Reserved – Prevention of Significant Deterioration Requirements ...............................................................56
Reserved – Consent Decree Requirements ....................................................................................................56
1
Reserved – Compliance Assurance Monitoring (CAM) Requirements ...........................................................56
Enhanced Monitoring, Recordkeeping, and Reporting..................................................................................56
Section IV – Appendix .......................................................................................................................................... 57
Inspection Information ..................................................................................................................................57
1.1.
Driving Directions: ...............................................................................................................................57
1.2.
Global Positioning System (GPS): .......................................................................................................57
1.3.
Safety Considerations: ........................................................................................................................57
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:
Red Cedar Gathering Company
Facility Name:
Pump Canyon Compressor Station
Facility Location:
Section 11, T32N, R8W
Latitude:
37.025346 °N
Longitude:
State:
-107.680022 °W
Colorado
County:
La Plata
Responsible Official:
President – Chief Operating Officer
SIC Code:
1311
ICIS Identification Number:
SU00000008067U0020
EPA Facility Registry ID:
110055566506
Other Clean Air Act Permits
N/A
Process Description:
The Pump Canyon Compressor Station, owned and operated by Red Cedar Gathering Company,
is located in southwestern Colorado within the exterior boundaries of the Southern Ute Indian
Reservation. Pump Canyon is a production field facility prior to the point of custody transfer.
Natural gas product is provided to Pump Canyon from several upstream wells and compression
stations. These are two processes that occur at this facility. The first is compression of lowpressure gas to medium pressure gas with dehydration. The gas comes into the facility at 20-30
psi. The gas is compressed through units C-201, C-202, and C-203 to approximately 350 psi.
This medium pressure gas is then dehydrated through unit X-303. The gas can then be sent to
Red Cedar Gathering’s medium pressure pipeline, or can go through further compression. The
second process at this facility is medium to high pressure compression, done through units C305, C-306, and C-307. The medium pressure gas comes into the station from Red Cedar
Gathering’s medium pressure pipeline and from the outlet of the dehy at approximately 300-350
psi. This gas is compressed to high pressure, approximately 800-900 psi and is discharged from
the facility. The facility does not extract natural gas liquids from field gas nor fractionate mixed
NGL’s to natural gas products. The facility has storage vessels, but none with the potential for
flash emissions. Pump Canyon’s primary emitters consist of 6 compressor engines and one
glycol dehydration unit. The facility has several heaters and tanks that qualify as insignificant
emission units. Pump Canyon does not engage in pigging operations.
The 6 compressor engines are 4SLB SI RICE. Three of these compressor engines (C-305, C-306,
and C-307) are subject to 40 CFR Part 63 Subpart ZZZZ and Part 60 Subpart JJJJ regulations
6
(see applicability determination for specific details). Red Cedar has selected oxidation catalyst as
the means to satisfy the regulatory requirements for Carbon Monoxide (CO) reduction.
Source Emission Points
Emission
Unit ID
Table 1 - Emission Units
Description
Waukesha 7042GL (4SLB SI) Natural Gas-Fired Compressor Engine
1,377 Nameplate Rated HP
C-201
Serial No.
C-12226/1
Install Date:
06/24/2021
C-202
Serial No.
C-11322/1
Install Date:
06/06/2017
C-203
Serial No.
363955
Install Date:
02/27/2021
Caterpillar G3516LE (4SLB SI) Natural Gas-Fired Compressor Engine
1,340 Nameplate Rated HP
C-305
Serial No.
WPW-02231
Install Date:
05/15/2018
C-306
Serial No.
WPW-02222
Install Date:
06/27/2018
C-307
Serial No.
WPW-02223
Install Date:
04/04/2018
PESCO TEG Dehydrator 25 MMscf/day
X-303
Serial No.
Emission Unit
ID
X-303a
H-101
H-201
H-402, 403, 404
H-501, 502
TK-501
TK-502
TK-503
TK-504, 507
TK-505
TK-506
TK-508, 510
TK-509
N/A
Install Date:
06/02/2014
Control
Equipment
N/A
Miratech
Oxidation
Catalyst with
AFRC
(Enforceable)
Enclosed
Combustor (Not
Enforceable)
Table 2 - Insignificant Emission Units
Amount
Description
Size
Units
1
1
1
3
2
1
1
1
2
1
1
2
1
Glycol Reboiler
Catalytic Heater – Inlet Slug Catcher
Catalytic Heater – Inlet Slug Catcher
Catalytic Heater – Fuel Gas Skid
Tank Heater
Waste Water Drain Tank
Waste Oil Drain Tank
Glycol Still Vent Tank
Engine Coolant Storage Tank
TEG Storage Tank
Lube Oil Storage Tank
Engine Coolant Storage Tank
Compressor Oil Storage Tank
0.8
0.006
0.008
0.018
0.325
21,000
6,615
500
500
1,000
1,600
1,000
1,000
MMBtu/hr
MMBtu/hr
MMBtu/hr
MMBtu/hr
MMBtu/hr
Gallons
Gallons
Gallons
Gallons
Gallons
Gallons
Gallons
Gallons
7
TK-511
1
Lube Oil Storage Tank
1,000
Gallons
Section II – General Requirements
Title V Administrative Requirements
1.1. Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118]
1.1.1. An annual operating permit emission fee shall be paid to the Tribe by the
permittee.
[RAC 2-118(2)]
1.1.2. The permittee shall pay the annual permit fee each year no later than April 1st for
the preceding calendar year.
[RAC 2-118(2)]
1.1.3. Fee payments shall be remitted in the form of a money order, bank draft, certified
check, corporate check, or electronic funds transfer payable to the Southern Ute
Indian Tribe and sent or delivered by the United States Postal Service c/o
Environmental Programs Department Part 70 Program, P.O. Box 737 MS #84,
Ignacio, Colorado 81137; or by common carrier (such as UPS or FedEx) c/o
Environmental Programs Department Part 70 Program, 398 Ouray Drive, Ignacio,
Colorado 81137.
[RAC 2-118(4)(a)]
1.1.4. The permittee shall send an updated fee calculation worksheet submitted annually
by the same deadline as required for fee payment to the address listed in the
Submissions section of this permit.
[RAC 2-118]
1.1.5. The permittee shall submit the initial fee calculation work sheet using the most
recent form provided by the Tribe.
[RAC 2-118(2)(c)]
1.1.6. Basis for calculating annual fee:
1.1.6.1.
Subtotal annual fees shall be calculated by multiplying the applicable
emission fee set pursuant to RAC §2-119(1) of this code times the total
tons of actual emissions for each fee pollutant. In lieu of actual emissions,
annual fees may be calculated based on the potential to emit for each fee
pollutant. Emissions of any regulated air pollutant that already are
included in the fee calculation under a category of regulated pollutant,
such as a federally listed hazardous air pollutant that is already accounted
for as a VOC or as PM10, shall be counted only once in determining the
source’s actual emissions.
8
[RAC 2-119(2)(a)]
1.1.6.1.1.
“Actual emissions” means the actual rate of emissions in tpy of
any fee pollutant (for fee calculation) emitted from a Title V
source over the preceding calendar year or any other period
determined by the Tribe to be more representative of normal
operation and consistent with the fee schedule adopted by the Tribe
and approved by the Administrator. Actual emissions shall be
calculated using each emissions units actual operating hours,
production rates, in-place control equipment, and types of
materials processed, stored, or combusted during the preceding
calendar year or other period used for this calculation.
[RAC 1-103(2)]
1.1.6.1.2.
Actual emissions shall be computed using compliance methods
required by the permit.
[RAC 2-118(1)(b)]
1.1.6.1.3.
If actual emissions cannot be determined using the compliance
methods in the permit, the permittee shall use other federally
recognized procedures.
[RAC 2-118(1)(b)]
1.1.6.2.
The total annual fee submitted shall be the greater of the applicable
minimum fee or the sum of subtotal annual fees for all fee pollutants
emitted from the source.
[RAC 2-119(2)(b)]
[Explanatory note: The applicable emission fee amount and applicable minimum fee (if necessary)
are revised each calendar year to account for inflation, and they are available from AQD prior to
the start of each calendar year.]
1.1.6.3.
The permittee shall exclude the following emissions from the calculation
of fees:
1.1.6.3.1.
The amount of actual emissions of any one fee pollutant that the
source emits in excess of 4,000 tpy.
1.1.6.3.2.
Any emissions that come from insignificant activities not required
in a permit application pursuant to RAC §2-106(4).
[RAC 1-103(2)(c)]
1.1.7. Annual fee calculation worksheets shall be certified as to truth, accuracy, and
completeness by a responsible official.
[RAC 2-105 and RAC 2-118(2)(c)]
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.
10
[RAC 2-110(3)(g)]
1.2.1.5.
For the purpose of submitting compliance certifications in accordance
with the Compliance Certifications condition below of this permit, or
establishing whether or not a person has violated or is in violation of any
requirement of this permit, nothing shall preclude the use, including the
exclusive use, of any credible evidence or information, relevant to whether
a source would have been in compliance with applicable requirements if
the appropriate performance or compliance test or procedure had been
performed.
[Section 113(a) and 113(e)(1) of the Act, 40 CFR §§51.212, 52.12, 52.33, 60.11(g), and 61.12]
1.2.2. Compliance Certifications
1.2.2.1.
The permittee shall submit to the Tribe and the Administrator an annual
certification of compliance which shall certify the source’s compliance
status with all permit terms and conditions and all applicable requirements
relevant to the source, including those related to emission limitations,
standards, or work practices. The compliance certification shall be
certified as to truth, accuracy, and completeness by a responsible official
consistent with RAC §2-110(9)(a). The certification of compliance shall
be submitted annually by April 1st and shall cover the preceding calendar
year in which the certification of compliance is due, except that the first
annual certification of compliance will cover the period from the issuance
date of this permit through December 31st of the same year.
[RAC 2-110(9)(c)]
1.2.3. Compliance Schedule
1.2.3.1.
For applicable requirements with which the source is in compliance, the
source will continue to comply with such requirements.
[RAC 2-106(4)(l)(ii)]
1.2.3.2.
For applicable requirements that will become effective during the permit
term, the source shall meet such requirements on a timely basis.
[RAC 2-106(4)(l)(iii)]
1.3. Duty to Provide and Supplement Information [RAC 2-110(7)(e), 2-106(5), and 2124]
1.3.1. The permittee shall furnish to the Tribe, within the period specified by the Tribe,
any information that the Tribe request in writing to determine whether cause
exists for reopening and revising, revoking, and reissuing, or terminating the
permit, or to determine compliance with the permit. Upon request, the permittee
shall also furnish to the Tribe copies of records that are required to be kept by the
11
permit, including information claimed to be confidential. Information claimed to
be confidential must be accompanied by a claim of confidentiality according to
the provisions of RAC 2-124.
[RAC 2-110(7)(e) and RAC 2-124]
1.3.2. The permittee, upon becoming aware that any relevant facts were omitted or
incorrect information was submitted in the permit application or in a supplemental
submittal, shall promptly submit such supplementary facts or corrected
information. In addition, a permittee shall provide additional information as
necessary to address any requirements that become applicable after the date a
complete application is filed, but prior to release of a draft permit.
[RAC 2-106(5)]
1.4. Submissions [RAC 2-105]
1.4.1. Any application, form, report, compliance certification, or other document
submitted by the permittee under this permit shall contain a certification by a
responsible official of truth, accuracy, and completeness. This certification shall
state that, based on information and belief formed after reasonable inquiry, the
statements and information in the document are true, accurate, and complete.
[Explanatory Note: The Tribe has developed a reporting form “CTAC” for certifying
truth, accuracy and completeness of part 70 submissions. The form may be found on the
AQD’s website (http://www.southernute-nsn.gov/environmental-programs/air-quality).]
1.4.2. Except where otherwise noted, any documents required to be submitted under this
permit, including reports, test data, monitoring data, notifications, compliance
certifications, fee calculation worksheets, and applications for renewals and
permit modifications shall be submitted:
by email at: airquality@southernute-nsn.gov
or by United States Postal Service:
Part 70 Program
Environmental Programs Department
Air Quality Division
P.O. Box 737 MS #84
Ignacio, Colorado 81137
or by Common Carrier:
Part 70 Program
Environmental Programs Department
Air Quality Division
398 Ouray Drive
Ignacio, CO 81137
1.5. Severability Clause [RAC 1-106 and RAC 2-110(1)(f)]
The provisions of this permit are severable, and in the event of any challenge to any portion
of this permit, or if any provision is held invalid, the remaining permit conditions shall
remain valid and in force.
12
1.6. Permit Actions [RAC 2-110(3)]
1.6.1. This permit may be modified, reopened and revised, revoked and reissued, or
terminated for cause.
[RAC 2-110(3)(c)]
1.6.2. The filing by the permittee of a request for a permit revision, reissuance, or
termination, or of a notification of planned changes or anticipated noncompliance
shall not stay any permit condition.
[RAC 2-110(3)(d)]
1.7. Administrative Permit Revision [RAC 2-111(2)]
1.7.1. The permittee may submit an application for an administrative permit revision as
defined in RAC §1-103.
[RAC 2-111(2)(a)]
1.7.2. The permittee may implement an administrative permit revision immediately
upon submittal of the request for the administrative revision.
[RAC 2-111(2)(c)]
[Note to permittee: If the provisions allowing for an administrative permit revision do not apply,
please contact the Air Quality Division for a determination of similarity prior to submitting your
request for an administrative permit revision.]
1.8. Minor Permit Revisions [RAC 2-111(3)]
1.8.1. The permittee may submit an application for a minor permit revision as defined in
RAC §1-103.
1.8.2. An application requesting the use of minor permit revision procedures shall meet
the requirements of RAC §2-106(4) and shall include the following:
1.8.2.1.
A description of the change, the emissions resulting from the change, and
any new applicable requirements that will apply if the change occurs;
1.8.2.2.
If changes are requested to the permit language, the permittee’s suggested
draft permit changes;
1.8.2.3.
Certification by a responsible official, consistent with RAC §2-105, that
the proposed revision meets the criteria for use of minor permit revision
procedures and a request that such procedures be used; and
1.8.2.4.
Completed forms for the Tribe to use to notify the Administrator and
affected programs as required under RAC §2-108.
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)]
14
1.10.
Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2112]
1.10.1. The permit may be reopened and revised for any of the reasons listed in the
paragraphs below. Alternatively, the permit may be revoked and reissued for the
reasons listed in the paragraphs below:
1.10.1.1.
Additional requirements under the Clean Air Act become applicable to a
major source with a remaining permit term of 3 or more years, provided
that the Tribe shall revise such permits to incorporate such additional
requirements no later than 18 months after promulgation of such
requirements, and no such reopening is required if the effective date of the
requirement is later than the permit expiration date unless the original
permit or any of its terms or conditions have been extended past the permit
expiration date pursuant to RAC §2-104(2)(b)(iii);
1.10.1.2.
Additional requirements (including excess emissions requirements)
become applicable to an affected source under the acid rain program.
Upon approval by the Administrator, excess emissions offset plans shall
be deemed to be incorporated into the permit;
1.10.1.3.
The Tribe or the Administrator determines that the permit contains a
material mistake or that inaccurate statements were made in establishing
the terms or conditions of the permit; or
1.10.1.4.
The Tribe or the Administrator determines that the permit must be revised
or revoked and reissued to assure compliance with applicable
requirements.
1.10.2. The permit may be terminated for any of the reasons listed below:
1.10.2.1.
The permittee fails to meet the requirements of an approved compliance
plan;
1.10.2.2.
The permittee has been in significant or repetitious noncompliance with
the operating permit terms or conditions;
1.10.2.3.
The permittee has exhibited a history of willful disregard for
environmental laws of any tribal or state authority, or of the United States;
1.10.2.4.
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;
15
1.11.
1.10.2.5.
The permittee falsifies, tampers with, or renders inaccurate any monitoring
device or method required to be maintained under the permit;
1.10.2.6.
The permittee fails to pay fees required under RAC§§2-118 and 2-119; or
1.10.2.7.
The Administrator has found that cause exists to terminate the permit.
Property Rights [RAC 2-110(3)(e)]
This permit does not convey any property rights of any sort, or any exclusive privilege.
1.12.
Inspection and Entry [RAC 2-110(9)(b)]
Upon presentation of credentials and other documents as may be required by law, the
permittee shall allow authorized representatives of the Tribe or other authorized
representative to perform the following:
1.12.1. Enter upon the permittee’s premises where a source is located or emissionsrelated activity is conducted, or where records must be kept under the conditions
of the permit;
1.12.2. Have access to and copy, at reasonable times, any records that must be kept under
the conditions of the permit;
1.12.3. Inspect at reasonable times any facilities, equipment (including monitoring and air
pollution control equipment), practices, or operations regulated or required under
the permit; and
1.12.4. As authorized by the Clean Air Act, sample or monitor at reasonable times
substances or parameters for the purpose of assuring compliance with the permit
or applicable requirements.
1.13.
[Reserved]
1.14.
Permit Transfers [RAC 2-113]
1.14.1. This permit shall not be transferable, by operation of law or otherwise, from one
location to another or from one source to another, except that a permit may be
transferred from one location to another in the case of a portable source that has
notified the Tribe in advance of the transfer, pursuant to the RAC. A permit for a
source may be transferred from one person to another if the Tribe finds that the
transferee is capable of operating the source in compliance with the permit. This
transfer must be accomplished through an administrative permit revision in
accordance with the Administrative Permit Revisions section of this permit.
16
1.15.
Off-Permit Changes [RAC 2-116(2)]
1.15.1. The permittee is allowed to make, without a permit revision, certain changes that
are not addressed or prohibited by this permit provided that the following
requirements are met:
1.15.1.1.
Each such change meets all applicable requirements and shall not violate
any existing permit term or condition;
1.15.1.2.
Such changes are not subject to any requirements under title IV of the
Clean Air Act and are not modifications under title I of the Clean Air Act;
1.15.1.3.
Such changes are not subject to permit revision procedures under RAC §2111; and
1.15.1.4.
The permittee provides contemporaneous written notice to the Tribe and
the Administrator of each such change, except for changes that qualify as
insignificant activities. Such notice shall state when the change occurred
and shall describe the change, any resulting emissions change, pollutants
emitted, and any applicable requirement that would apply as a result of the
change.
[RAC 2-116(2)(a)]
1.15.2. The permit shield does not apply to changes made under this provision.
[RAC 2-110(10)(d)]
1.15.3. The permittee shall keep a record describing changes made at the source that
result in emissions of any regulated air pollutant subject to an applicable
requirement, but not otherwise regulated under the permit, and the emissions
resulting from those changes.
[RAC 2-116(2)(b)]
1.15.4. A copy of each off-permit change notification shall be made available to the Tribe
upon request.
[RAC 2-110(6)]
1.16.
Permit Expiration and Renewal
[RAC §§2-104(3), 2-106(2)(b), 2-107(7)(a), 2-107(7)(b), 2-110(1)(a), and 2-106(3)]
1.16.1. This permit shall expire five years from the issuance date of this permit.
[RAC 2-110(1)(a)]
17
1.16.2. Expiration of this permit terminates the permittee’s right to operate unless a
timely and complete permit renewal application has been submitted at least 6
months but not more than 18 months prior to the date of expiration of this permit.
[RAC 2-107(7)(b)]
1.16.3. If the permittee submits a timely and complete permit application for renewal,
consistent with RAC §2-106 but the Tribe has failed to issue or disapprove a
renewal permit before the end of the permit term, then the permit shall not expire
and all its terms and conditions shall remain in effect until the renewal permit has
been issued or disapproved.
[RAC 2-104(2)(b)]
1.16.4. The ability to operate under this permit shall cease if (1) the Tribe takes final
action to issue the permittee a renewal permit or deny the permittee a permit or
(2) the permittee fails to submit by the deadline specified in writing by the Tribe
any additional information identified as being needed to process the application.
[RAC 2-104(3)]
1.16.5. Renewal of this permit is subject to the same procedures, including those for
public participation and affected program and EPA review, as those that apply to
initial permit issuance.
[RAC 2-107(7)(a)]
1.16.6. The application for renewal shall include the current permit number, description
of permit revisions and off permit changes that occurred during the permit term,
any applicable requirements that were promulgated and not incorporated into the
permit during the permit term, and other information required by the application
form.
[RAC 2-106(4)(e)(ix)]
Facility-Wide Requirements
Conditions in this section of the permit apply to all emissions units located at the facility, including
any units not specifically listed in Table 1 or Table 2 of the Source Emission Points section of this
permit.
[RAC 2-110(1)(d)]
2.1. General Recordkeeping Requirements [RAC 2-110(6)]
The permittee shall comply with the following generally applicable recordkeeping
requirements:
2.1.1. If the permittee determines that his or her stationary source that emits (or has the
potential to emit, without federally recognized controls) one or more hazardous
air pollutants is not subject to a relevant standard or other requirement established
under 40 CFR part 63, the permittee shall keep a record of the applicability
18
determination, for a period of five years after the determination, or until the
source changes its operations to become an affected source, whichever comes
first. Each of these records shall be made available to the Tribe upon request. The
record of the applicability determination shall include an analysis (or other
information) that demonstrates why the permittee believes the source is
unaffected (e.g., because the source is an area source).
[40 CFR 63.10(b)(3)]
2.1.2. Records shall be kept of off permit changes made, as required by the Off Permit
Changes section of this permit.
2.2. General Reporting Requirements
2.2.1. The permittee shall submit to the Tribe all reports of any required monitoring
under this permit semiannually, by April 1 and October 1 of each year. The
report due on April 1 shall cover the July 1 - December 31 reporting period of the
previous calendar year. The report due on October 1 shall cover the January 1 June 30 reporting period of the current calendar year. All instances of deviations
from permit requirements shall be clearly identified in such reports. All required
reports shall be certified by a responsible official consistent with the Submissions
section of this permit.
[RAC 2-110(7)(a)]
2.2.2. “Deviation” means any situation in which an emissions unit fails to meet a permit
term or condition. A deviation is not always a violation. A deviation can be
determined by observation or through review of data obtained from any testing,
monitoring, or recordkeeping established in accordance with RAC 2-110(5) and
(6). For a situation lasting more than 24 hours which constitutes a deviation, each
24 hour period is considered a separate deviation. Included in the meaning of
deviation are any of the following:
2.2.2.1.
A situation where emissions exceed an emission limitation or standard;
2.2.2.2.
A situation where process or emissions control device parameter values
indicate that an emission limitation or standard has not been met; or
2.2.2.3.
A situation in which observations or data collected demonstrate
noncompliance with an emission limitation or standard or any work
practice or operating condition required by the permit.
2.2.2.4.
A situation in which an exceedance or an excursion, as defined in 40 CFR
Part 64 occurs.
[RAC 1-103(21)]
19
2.2.3. The permittee shall promptly report to the Tribe deviations from permit
requirements, (including emergencies), including the date, time, duration, and the
probable cause of such deviations, the quantity and pollutant type of excess
emissions resulting from the deviation, and any preventative, mitigation, or
corrective actions or measures taken. Prompt deviation reports shall be submitted
to the following email address: airquality@southernute-nsn.gov
2.2.4.
“Prompt” is defined as follows:
2.2.4.1.
Where the underlying applicable requirement contains a definition of
“prompt” or otherwise specifies a time frame for reporting deviations, that
definition or time frame shall govern.
2.2.4.2.
Where the underlying applicable requirement fails to address the time
frame for reporting deviations, reports of deviations will be submitted
based on the following schedule:
2.2.4.2.1.
For emissions of a hazardous air pollutant or a toxic air pollutant
(as identified in the applicable regulation) that continue for more
than an hour in excess of permit requirements, the report must be
made by email, telephone, verbal, or facsimile communication by
the close of business the next working day, upon discovery of the
occurrence, and in writing within 10 working days from the
occurrence;
2.2.4.2.2.
For emissions of any regulated air pollutant, excluding those listed
in RAC §2-110(7)(b)(i), that continue for more than 2 hours in
excess of permit requirements, the report must be made by email,
telephone, verbal, or facsimile communication by the close of
business the next working day, upon discovery of the occurrence,
and in writing within 10 working days from the occurrence;
2.2.4.2.3.
For all other deviations from permit requirements, the report shall
be contained in the report submitted with the semi-annual
monitoring report.
[RAC 2-110(7)(b)]
2.3. Alternative Operating Scenarios [RAC 2-110(8)]
2.3.1. Replacement of an existing engine or turbine identified in this permit shall be
allowed as an off-permit change pursuant to the Off Permit Changes provisions of
this permit provided all of the following conditions are met:
2.3.1.1.
The engine or turbine replacement is not subject to any requirements
under Title IV of the Clean Air Act and is not a modification under Title I
of the Clean Air Act;
20
2.3.1.2.
The replacement engine or turbine is of the same make, model,
horsepower rating, and configured to operate in the same manner as the
engine or turbine being replaced.
2.3.1.3.
The replacement engine or turbine meets all applicable requirements
identified in this permit that apply to the existing engine or turbine being
replaced.
2.3.1.4.
All applicable requirements that apply to the replacement engine or
turbine are already included in the permit. Replacement of an existing
engine or turbine identified in this permit with a new, modified, or
reconstructed engine must utilize a Minor Permit Revision as specified in
RAC 2-111(3) or a Significant Permit Revision as specified in RAC 2111(4) to incorporate any new applicable requirements. The applicable
requirements include, but may not be limited to:
2.3.1.4.1.
Standards of Performance for Stationary Compression Ignition
Internal Combustion at 40 CFR Part 60, Subpart IIII;
2.3.1.4.2.
Standards of Performance for Stationary Spark Ignition Internal
Combustion Engines at 40 CFR Part 60, Subpart JJJJ;
2.3.1.4.3.
National Emission Standard for Hazardous Air Pollutants for
Stationary Reciprocating Internal Combustion Engines at 40 CFR
Part 63, Subpart ZZZZ;
2.3.1.4.4.
Standards of Performance for Stationary Gas Turbines at 40 CFR
Part 60, Subpart GG;
2.3.1.4.5.
Standards of Performance for Stationary Combustion Turbines at
40 CFR Part 60, Subpart KKKK;
2.3.1.4.6.
National Emission Standard for Hazardous Air Pollutants for
Stationary Combustion Turbines at 40 CFR Part 63, Subpart
YYYY;
2.3.1.4.7.
Requirements established in a permit or permits issued pursuant to
the Federal Minor New Source Review Program in Indian Country
at 40 CFR Part 49;
2.3.1.4.8.
Requirements established in a permit or permits issued pursuant to
the Prevention of Significant Deterioration of Air Quality Program
at 40 CFR Part 52; or
21
2.3.1.4.9.
Requirements established in any promulgated Federal
Implementation Plan that may apply to engines located on the
Southern Ute Indian Reservation.
2.3.2. The permittee shall provide contemporaneous written notice to the Tribe and the
Administrator of any replacement of an existing engine or turbine identified in
this permit. Such notice shall state when the replacement occurred and shall
describe the replacement and any applicable requirement that would apply as a
result of the replacement.
2.3.3. The permittee shall keep a record of the engine or turbine replacement.
2.3.4. The use of a backup thermal oxidizer with equivalent capacity and emission
destruction efficiency and configured to operate in the same manner as the
primary thermal oxidizer shall be an allowed alternative operating scenario under
this permit provided that the following conditions are met:
2.3.4.1.
Any emission limits, requirements, testing or other provisions that apply to
the primary thermal oxidizer shall also apply to the backup thermal
oxidizer except that an annual performance test shall only be conducted on
the backup thermal oxidizer if the unit operates for more than 500 hours in
any calendar year.
2.3.4.2.
At no time shall the backup thermal oxidizer operate at the same time the
primary thermal oxidizer is operating except periods of transition between
the primary and backup thermal oxidizers. Transition events shall be
documented, last no more than 30 minutes in duration, and will be
reported as excess emission events.
2.4. Permit Shield [RAC 2-110(10)(c)]
Nothing in this permit shall alter or affect the following:
2.4.1. The provisions of Section 303 of the Clean Air Act, 42 U.S.C. §7603 concerning
emergency powers, including the respective authorities of the Administrator under
those sections;
2.4.2. The liability of a permittee for any violation of applicable requirements prior to or
at the time of permit issuance;
2.4.3. The applicable requirements of the acid rain program consistent with section
408(a) of the Act; or
2.4.4. The ability of the Administrator respectively to obtain information from a source
pursuant to Section 114 of the Clean Air Act, 42 U.S.C. §7414.
22
2.5. Stratospheric Ozone and Climate Protection [40 CFR Part 82]
The permittee shall comply with the standards for recycling and emissions reduction
pursuant to 40 CFR Part 82, Subpart F:
2.5.1. Persons opening appliances for maintenance, service, repair, or disposal must
comply with the required practices pursuant to 40 CFR §82.156.
2.5.2. Equipment used during the maintenance, service, repair, or disposal of appliances
must comply with the standards for recycling and recovery equipment pursuant to
40 CFR §82.158.
2.5.3. Persons performing maintenance, service, repair, or disposal of appliances must
be certified by an approved technician certification program pursuant to 40 CFR
§82.161.
Section III – Site Specific Permit Terms
New Source Performance Standards (NSPS) and 40 CFR Part 60
1.1. 40 CFR Part 60, Subpart JJJJ – Standards of Performance for Stationary Spark
Ignition Internal Combustion Engines [40 CFR 60.4230 – 60.4248 and RAC §3102]
This facility is subject to the requirements of 40 CFR Part 60, Subpart JJJJ for nonemergency stationary spark-ignition (SI) internal combustion engines (ICE) with a
maximum engine power greater than or equal to 500 brake horsepower (HP) and less
than 1,350 HP manufactured after January 1, 2008. Notwithstanding conditions in this
permit, the permittee shall comply with all applicable requirements of 40 CFR Part 60,
subparts A and JJJJ.
1.1.1. Affected Sources
The following emission units are considered affected sources under 40 CFR Part
60, Subpart JJJJ:
C-305 – Caterpillar G3516LE (4SLB SI) Natural Gas-Fired Compressor Engine 1,340 Nameplate Rated Horsepower
C-306 – Caterpillar G3516LE (4SLB SI) Natural Gas-Fired Compressor Engine 1,340 Nameplate Rated Horsepower
C-307 – Caterpillar G3516LE (4SLB SI) Natural Gas-Fired Compressor Engine 1,340 Nameplate Rated Horsepower
23
[40 CFR 60.4230]
1.1.2. Emission Standards for Owners and Operators
Owners and operators of stationary SI ICE with a maximum engine power greater
than or equal to 75 KW (100 HP) (except gasoline and rich burn engines that use
LPG) must comply with the emission standards in Table 1 to this subpart for their
stationary SI ICE.
[40 CFR 60.4233(e)]
Table 1 to Subpart JJJJ of Part 60 – NOX, CO, and VOC Emission Standards for Stationary NonEmergency SI Engines ≥ 100 HP
Emission standards a
Engine type
Maximum
Manufacture
g/HP-hr
ppmvd at 15% O2
and fuel
engine power
date
d
NOX CO VOC
NOX CO VOC d
Non-Emergency SI Lean
Burn Natural Gas and 500≤HP<1,350
01/01/2008
2.0 4.0
1.0
160 540
86
LPG
a
Owners and operators of stationary non-certified SI engines may choose to comply with the emission standards
in units of either g/HP-hr or ppmvd at 15 percent O2.
For purposes of this subpart, when calculating emissions of volatile organic compounds, emissions of
formaldehyde should not be included.
d
1.1.2.1.
Owners and operators of stationary SI ICE must operate and maintain
stationary SI ICE that achieve the emission standards as required in
§60.4233 over the entire life of the engine.
[40 CFR 60.4234]
1.1.3. Other Requirements for Owners and Operators
1.1.3.1.
Lean burn engines with a maximum engine power greater than or equal to
500 HP and less than 1,350 HP that do not meet the applicable
requirements in §60.4233 may not be installed after January 1, 2010.
[40 CFR 60.4236(b)]
1.1.4. Compliance Requirements for Owners and Operators
1.1.4.1.
If you must comply with the emission standards specified in §60.4233(e),
you must demonstrate compliance according to the methods specified in
§60.4243(b)(2).
[40 CFR 60.4243(b)]
1.1.4.1.1.
Purchasing a non-certified engine and demonstrating compliance
with the emission standards specified in §60.4233(e) and according
to the requirements specified in §60.4244, as applicable, and
according to §60.4243(b)(2)(ii).
24
[40 CFR 60.4243(b)(2)]
1.1.4.1.1.1.
You must keep a maintenance plan and records of
conducted maintenance and must, to the extent practicable,
maintain and operate the engine in a manner consistent
with good air pollution control practice for minimizing
emissions. In addition, you must conduct an initial
performance test and conduct subsequent performance
testing every 8,760 hours or 3 years, whichever comes first,
thereafter to demonstrate compliance.
[40 CFR 60.4243(b)(2)(ii)]
1.1.5. Testing Requirements for Owners and Operators
1.1.5.1.
Owners and operators of stationary SI ICE who conduct performance tests
must follow the procedures in §60.4244(a) through (f).
1.1.5.1.1.
Each performance test must be conducted within 10 percent of 100
percent peak (or the highest achievable) load and according to the
requirements in §60.8 and under the specific conditions that are
specified by Table 2 to this subpart.
[40 CFR 60.4244(a)]
1.1.5.1.2.
You may not conduct performance tests during periods of startup,
shutdown, or malfunction, as specified in §60.8(c). If your
stationary SI internal combustion engine is non-operational, you do
not need to startup the engine solely to conduct a performance test;
however, you must conduct the performance test immediately upon
startup of the engine.
[40 CFR 60.4244(b)]
1.1.5.1.3.
You must conduct three separate test runs for each performance
test required in this section, as specified in §60.8(f). Each test run
must be conducted within 10 percent of 100 percent peak (or the
highest achievable) load and last at least 1 hour.
[40 CFR 60.4244(c)]
1.1.5.1.4.
To determine compliance with the NOX mass per unit output
emission limitation, convert the concentration of NOX in the
engine exhaust using Equation 1 of this section:
𝑪𝑪𝒅𝒅 × 𝟏𝟏. 𝟗𝟗𝟗𝟗𝟗𝟗 × 𝟏𝟏𝟏𝟏−𝟑𝟑 × 𝑸𝑸 × 𝑻𝑻
𝑬𝑬𝑬𝑬 =
𝑯𝑯𝑯𝑯 − 𝒉𝒉𝒉𝒉
Where:
25
(𝑬𝑬𝑬𝑬. 𝟏𝟏)
ER = Emission rate of NOX in g/HP-hr.
Cd = Measured NOX concentration in parts per million by volume
(ppmv).
1.912 × 10−3 = Conversion constant for ppm NOX to grams per
standard cubic meter at 20 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meter per hour,
dry basis.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, horsepower-hour (HP-hr).
[40 CFR 60.4244(d)]
1.1.5.1.5.
To determine compliance with the CO mass per unit output
emission limitation, convert the concentration of CO in the engine
exhaust using Equation 2 of this section:
𝑬𝑬𝑬𝑬 =
Where:
𝑪𝑪𝒅𝒅 × 𝟏𝟏. 𝟏𝟏𝟏𝟏𝟏𝟏 × 𝟏𝟏𝟏𝟏−𝟑𝟑 × 𝑸𝑸 × 𝑻𝑻
𝑯𝑯𝑯𝑯 − 𝒉𝒉𝒉𝒉
(𝑬𝑬𝑬𝑬. 𝟐𝟐)
ER = Emission rate of CO in g/HP-hr.
Cd = Measured CO concentration in ppmv.
1.164 × 10−3 = Conversion constant for ppm CO to grams per
standard cubic meter at 20 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meters per
hour, dry basis.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, in HP-hr.
26
[40 CFR 60.4244(e)]
1.1.5.1.6.
For purposes of this subpart, when calculating emissions of VOC,
emissions of formaldehyde should not be included. To determine
compliance with the VOC mass per unit output emission
limitation, convert the concentration of VOC in the engine exhaust
using Equation 3 of this section:
𝑪𝑪𝒅𝒅 × 𝟏𝟏. 𝟖𝟖𝟖𝟖𝟖𝟖 × 𝟏𝟏𝟏𝟏−𝟑𝟑 × 𝑸𝑸 × 𝑻𝑻
𝑬𝑬𝑬𝑬 =
𝑯𝑯𝑯𝑯 − 𝒉𝒉𝒉𝒉
(𝑬𝑬𝑬𝑬. 𝟑𝟑)
Where:
ER = Emission rate of VOC in g/HP-hr.
Cd = VOC concentration measured as propane in ppmv.
1.833 × 10−3 = Conversion constant for ppm VOC measured as
propane, to grams per standard cubic meter at 20 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meters per
hour, dry basis.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, in HP-hr.
[40 CFR 60.4244(f)]
Table 2 to Subpart JJJJ of Part 60 - Requirements for Performance Tests
Complying
According to the following
For each
with the
You must
Using
requirements
requirement to
1. Stationary a. Limit the
i. Select the
(1) Method 1 or 1A of 40 (a) Alternatively, for NOX, O2, and
SI internal
concentration of sampling port
CFR part 60, appendix A-1, moisture measurement, ducts ≤6
combustion
NOX in the
location and the
if measuring flow rate
inches in diameter may be sampled
engine
stationary SI
number/location of
at a single point located at the duct
demonstrating internal
traverse points at
centroid and ducts >6 and ≤12
compliance
combustion
the exhaust of the
inches in diameter may be sampled
according to engine exhaust stationary internal
at 3 traverse points located at 16.7,
§60.4244
combustion engine;
50.0, and 83.3% of the
measurement line (`3-point long
line'). If the duct is >12 inches in
diameter and the sampling port
location meets the two and halfdiameter criterion of Section 11.1.1
of Method 1 of 40 CFR part 60,
Appendix A, the duct may be
sampled at `3-point long line';
otherwise, conduct the stratification
27
testing and select sampling points
according to Section 8.1.2 of
Method 7E of 40 CFR part 60,
Appendix A.
ii. Determine the (2) Method 3, 3A, or 3Bb of (b) Measurements to determine
O2 concentration of 40 CFR part 60, appendix O2 concentration must be made at
the stationary
A-2 or ASTM Method
the same time as the measurements
internal
D6522-00 (Reapproved
for NOX concentration.
combustion engine 2005)ad
exhaust at the
sampling port
location;
iii. If necessary,
(3) Method 2 or 2C of 40
(c) Measurements to determine the
determine the
CFR part 60, appendix A-1 exhaust flowrate must be made (1)
exhaust flowrate of or Method 19 of 40 CFR
at the same time as the
the stationary
part 60, appendix A-7
measurement for
internal
NOX concentration or, alternatively
combustion engine
(2) according to the option in
exhaust;
Section 11.1.2 of Method 1A of 40
CFR part 60, Appendix A-1, if
applicable.
iv. If necessary,
(4) Method 4 of 40 CFR
(d) Measurements to determine
measure moisture part 60, appendix A-3,
moisture must be made at the same
content of the
Method 320 of 40 CFR part time as the measurement for
stationary internal 63, appendix Ae, or ASTM NOX concentration.
combustion engine Method D6348-03de
exhaust at the
sampling port
location; and
v. Measure NOX at (5) Method 7E of 40 CFR (e) Results of this test consist of the
the exhaust of the part 60, appendix A-4,
average of the three 1-hour or
stationary internal ASTM Method D6522-00 longer runs.
combustion engine; (Reapproved 2005)ad,
if using a control Method 320 of 40 CFR part
device, the
63, appendix Ae, or ASTM
sampling site must Method D6348-03de
be located at the
outlet of the
control device
b. Limit the
i. Select the
(1) Method 1 or 1A of 40 (a) Alternatively, for CO, O2, and
concentration of sampling port
CFR part 60, appendix A-1, moisture measurement, ducts ≤6
CO in the
location and the
if measuring flow rate
inches in diameter may be sampled
stationary SI
number/location of
at a single point located at the duct
internal
traverse points at
centroid and ducts >6 and ≤12
combustion
the exhaust of the
inches in diameter may be sampled
engine exhaust stationary internal
at 3 traverse points located at 16.7,
combustion engine;
50.0, and 83.3% of the
measurement line (`3-point long
line'). If the duct is >12 inches in
diameter and the sampling port
location meets the two and halfdiameter criterion of Section 11.1.1
of Method 1 of 40 CFR part 60,
28
Appendix A, the duct may be
sampled at `3-point long line';
otherwise, conduct the stratification
testing and select sampling points
according to Section 8.1.2 of
Method 7E of 40 CFR part 60,
Appendix A.
b
ii. Determine the (2) Method 3, 3A, or 3B of (b) Measurements to determine
O2 concentration of 40 CFR part 60, appendix O2 concentration must be made at
the stationary
A-2 or ASTM Method
the same time as the measurements
internal
D6522-00 (Reapproved
for CO concentration.
combustion engine 2005)ad
exhaust at the
sampling port
location;
iii. If necessary,
(3) Method 2 or 2C of 40
(c) Measurements to determine the
determine the
CFR 60, appendix A-1 or exhaust flowrate must be made (1)
exhaust flowrate of Method 19 of 40 CFR part at the same time as the
the stationary
60, appendix A-7
measurement for CO concentration
internal
or, alternatively (2) according to
combustion engine
the option in Section 11.1.2 of
exhaust;
Method 1A of 40 CFR part 60,
Appendix A-1, if applicable.
iv. If necessary,
(4) Method 4 of 40 CFR
(d) Measurements to determine
measure moisture part 60, appendix A-3,
moisture must be made at the same
content of the
Method 320 of 40 CFR part time as the measurement for CO
stationary internal 63, appendix Ae, or ASTM concentration.
combustion engine Method D6348-03de
exhaust at the
sampling port
location; and
v. Measure CO at (5) Method 10 of 40 CFR (e) Results of this test consist of the
the exhaust of the part 60, appendix A4,
average of the three 1-hour or
stationary internal ASTM Method D6522-00 longer runs.
combustion engine; (Reapproved 2005)ade,
if using a control Method 320 of 40 CFR part
device, the
63, appendix Ae, or ASTM
sampling site must Method D6348-03de
be located at the
outlet of the
control device
c. Limit the
i. Select the
(1) Method 1 or 1A of 40 (a) Alternatively, for VOC, O2, and
concentration of sampling port
CFR part 60, appendix A-1, moisture measurement, ducts ≤6
VOC in the
location and the
if measuring flow rate
inches in diameter may be sampled
stationary SI
number/location of
at a single point located at the duct
internal
traverse points at
centroid and ducts >6 and ≤12
combustion
the exhaust of the
inches in diameter may be sampled
engine exhaust stationary internal
at 3 traverse points located at 16.7,
combustion engine;
50.0, and 83.3% of the
measurement line (`3-point long
line'). If the duct is >12 inches in
diameter and the sampling port
location meets the two and half-
29
diameter criterion of Section 11.1.1
of Method 1 of 40 CFR part 60,
Appendix A, the duct may be
sampled at `3-point long line';
otherwise, conduct the stratification
testing and select sampling points
according to Section 8.1.2 of
Method 7E of 40 CFR part 60,
Appendix A.
b
ii. Determine the (2) Method 3, 3A, or 3B of (b) Measurements to determine
O2 concentration of 40 CFR part 60, appendix O2 concentration must be made at
the stationary
A-2 or ASTM Method
the same time as the measurements
internal
D6522-00 (Reapproved
for VOC concentration.
combustion engine 2005)ad
exhaust at the
sampling port
location;
iii. If necessary,
(3) Method 2 or 2C of 40
(c) Measurements to determine the
determine the
CFR 60, appendix A-1 or exhaust flowrate must be made (1)
exhaust flowrate of Method 19 of 40 CFR part at the same time as the
the stationary
60, appendix A-7
measurement for VOC
internal
concentration or, alternatively (2)
combustion engine
according to the option in Section
exhaust;
11.1.2 of Method 1A of 40 CFR
part 60, Appendix A-1, if
applicable.
iv. If necessary,
(4) Method 4 of 40 CFR
(d) Measurements to determine
measure moisture part 60, appendix A-3,
moisture must be made at the same
content of the
Method 320 of 40 CFR part time as the measurement for VOC
stationary internal 63, appendix Ae, or ASTM concentration.
combustion engine Method D6348-03de
exhaust at the
sampling port
location; and
v. Measure VOC at (5) Methods 25A and 18 of (e) Results of this test consist of the
the exhaust of the 40 CFR part 60, appendices average of the three 1-hour or
stationary internal A-6 and A-7, Method 25A longer runs.
combustion engine; with the use of a
if using a control hydrocarbon cutter as
device, the
described in 40 CFR
sampling site must 1065.265, Method 18 of 40
be located at the
CFR part 60, appendix Aoutlet of the
6ce, Method 320 of 40 CFR
control device
part 63, appendix Ae, or
ASTM Method D6348-03de
a
Also, you may petition the Administrator for approval to use alternative methods for portable analyzer.
You may use ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses, for measuring the O2 content of the exhaust
gas as an alternative to EPA Method 3B. AMSE PTC 19.10-1981 incorporated by reference, see 40 CFR 60.17
b
c
You may use EPA Method 18 of 40 CFR part 60, appendix A-6, provided that you conduct an adequate pre-survey
test prior to the emissions test, such as the one described in OTM 11 on EPA's Web site
(http://www.epa.gov/ttn/emc/prelim/otm11.pdf).
30
d
Incorporated by reference; see 40 CFR 60.17.
e
You must meet the requirements in §60.4245(d)
[40 CFR 60.4244]
1.1.6. Notification, Reports, and Records for Owners and Operators
1.1.6.1.
Owners and operators of all stationary SI ICE must keep records of the
information in §60.4245(a)(1), (2), and (4).
[40 CFR 60.4245(a)]
1.1.6.1.1.
All notifications submitted to comply with this subpart and all
documentation supporting any notification.
[40 CFR 60.4245(a)(1)]
1.1.6.1.2.
Maintenance conducted on the engine.
1.1.6.1.3.
If the stationary SI internal combustion engine is not a certified
engine, documentation that the engine meets the emission
standards.
[40 CFR 60.4245(a)(4)]
1.1.6.2.
[40 CFR 60.4245(a)(2)]
Owners and operators of stationary SI ICE greater than or equal to 500 HP
that have not been certified by an engine manufacturer to meet the
emission standards in §60.4231 must submit an initial notification as
required in §60.7(a)(1). The notification must include the information in
§60.4245(c)(1) through (5). Beginning on February 26, 2025, submit the
notification electronically according to §60.4245(g).
[40 CFR 60.4245(c)]
1.1.6.2.1.
Name and address of the owner or operator;
[40 CFR 60.4245(c)(1)]
1.1.6.2.2.
The address of the affected source;
1.1.6.2.3.
Engine information including make, model, engine family, serial
number, model year, maximum engine power, and engine
displacement;
[40 CFR 60.4245(c)(3)]
1.1.6.2.4.
Emission control equipment; and
1.1.6.2.5.
Fuel used.
31
[40 CFR 60.4245(c)(2)]
[40 CFR 60.4245(c)(4)]
[40 CFR 60.4245(c)(5)]
1.1.6.3.
Owners and operators of stationary SI ICE that are subject to performance
testing must submit a copy of each performance test as conducted in
§60.4244 within 60 days after the test has been completed. Performance
test reports using EPA Method 18, EPA Method 320, or ASTM D6348-03
(incorporated by reference—see 40 CFR 60.17) to measure VOC require
reporting of all QA/QC data. For Method 18, report results from sections
8.4 and 11.1.1.4; for Method 320, report results from sections 8.6.2, 9.0,
and 13.0; and for ASTM D6348-03 report results of all QA/QC procedures
in Annexes 1-7. Beginning on February 26, 2025, performance tests must
be reported electronically according to §60.4245(f).
[40 CFR 60.4245(d)]
1.1.6.4.
Beginning on February 26, 2025, within 60 days after the date of
completing each performance test, you must submit the results following
the procedures specified in §60.4245(g). Data collected using test methods
that are supported by the EPA's Electronic Reporting Tool (ERT) as listed
on the EPA's ERT website (https://www.epa.gov/electronic-reporting-airemissions/electronic-reporting-tool-ert) at the time of the test must be
submitted in a file format generated using the EPA's ERT. Alternatively,
you may submit an electronic file consistent with the extensible markup
language (XML) schema listed on the EPA's ERT website. Data collected
using test methods that are not supported by the EPA's ERT as listed on
the EPA's ERT website at the time of the test must be included as an
attachment in the ERT or an alternate electronic file.
[40 CFR 60.4245(f)]
1.1.6.5.
If you are required to submit notifications or reports following the
procedure specified in this paragraph, you must submit notifications or
reports to the EPA via the Compliance and Emissions Data Reporting
Interface (CEDRI), which can be accessed through the EPA's Central Data
Exchange (CDX) (https://cdx.epa.gov/). The EPA will make all the
information submitted through CEDRI available to the public without
further notice to you. Do not use CEDRI to submit information you claim
as CBI. Although we do not expect persons to assert a claim of CBI, if you
wish to assert a CBI claim for some of the information in the report or
notification, you must submit a complete file in the format specified in this
subpart, including information claimed to be CBI, to the EPA following
the procedures in §60.4245(g)(1) and (2). Clearly mark the part or all of
the information that you claim to be CBI. Information not marked as CBI
may be authorized for public release without prior notice. Information
marked as CBI will not be disclosed except in accordance with procedures
set forth in 40 CFR part 2. All CBI claims must be asserted at the time of
submission. Anything submitted using CEDRI cannot later be claimed
32
CBI. Furthermore, under CAA section 114(c), emissions data is not
entitled to confidential treatment, and the EPA is required to make
emissions data available to the public. Thus, emissions data will not be
protected as CBI and will be made publicly available. You must submit
the same file submitted to the CBI office with the CBI omitted to the EPA
via the EPA's CDX as described earlier in this paragraph.
[40 CFR 60.4245(g)]
1.1.6.6.
Any records required to be maintained by this subpart that are submitted
electronically via the EPA's CEDRI may be maintained in electronic format.
This ability to maintain electronic copies does not affect the requirement for
facilities to make records, data, and reports available upon request to a
delegated air agency or the EPA as part of an on-site compliance evaluation.
[40 CFR 60.4245(j)]
1.1.7. General Provisions
1.1.7.1.
Table 3 to this subpart shows which parts of the General Provisions in
§§60.1 through 60.19 apply to you.
Table 3 to Subpart JJJJ of Part 60 - Applicability of General Provisions to Subpart JJJJ
General
Applies to
provisions
Subject of citation
Explanation
subpart
citation
§60.1
General applicability of the
Yes
General Provisions
§60.2
Definitions
Yes
Additional terms defined in §60.4248.
§60.3
Units and abbreviations
Yes
§60.4
Address
Yes
§60.5
Determination of construction Yes
or modification
§60.6
Review of plans
Yes
§60.7
Notification and Recordkeeping Yes
Except that §60.7 only applies as specified in
§60.4245.
§60.8
Performance tests
Yes
Except that §60.8 only applies to owners and
operators who are subject to performance testing in
subpart JJJJ.
§60.9
Availability of information
Yes
§60.10
State Authority
Yes
§60.11
Compliance with standards and Yes
Requirements are specified in subpart JJJJ
maintenance requirements
§60.12
Circumvention
Yes
§60.13
Monitoring requirements
No
§60.14
Modification
Yes
§60.15
Reconstruction
Yes
§60.16
Priority list
Yes
§60.17
Incorporations by reference
Yes
33
§60.18
§60.19
General control device
requirements
General notification and
reporting requirements
No
Yes
National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR
Part 63
2.1. 40 CFR Part 63, Subpart HH - National Emission Standards for Hazardous Air
Pollutants from Oil and Natural Gas Production Facilities [40 CFR 63.760 –
63.779 and RAC 4-103]
The permittee is the owner or operator of a glycol dehydration unit that is exempt from
the standards of 40 CFR §63.764(d). The permittee shall retain each determination
used to demonstrate that the actual average benzene emissions from each dehydrator
are below 0.90 megagram per year.
[40 CFR 63.764(e)(1), 63.772(b), and 63.774(d)(1)]
2.1.1. The permittee must obtain an extended wet gas analysis of the inlet gas stream at
least once per calendar year. The gas sample shall be taken at a point prior to
where the gas enters the dehydration system contact tower. The analysis shall
include the gas temperature and pressure at which the sample was taken. The gas
analysis results and corresponding temperature and pressure documented during
collection of the gas sample must be used to determine the actual average benzene
emissions annually, in accordance with §63.772(b)(2)(i) or (ii). If electing to
make this demonstration according §63.772(b)(2)(i), using the GRI-GLYCalcTM
model, the permittee shall perform each model run using a single gas analysis and
the corresponding temperature and pressure documented during collection of the
gas sample. The permittee may elect to average the results of multiple GRIGLYCalcTM model runs in determining actual average benzene emissions
annually, if multiple gas samples are collected during a calendar year.
[RAC 2-110(5)(b)]
[The permittee has elected to model emissions according to alternative test method
ALT-147. The permittee shall adhere to the requirements of Subpart HH language as
written in their current permits with the exception that ProMax Version 5.0 or higher
will be used in place of GRI-GLYCalc for the specific provisions identified in the EPA
approval memo until receiving AQD approval to use a different method.]
2.2. 40 CFR Part 63, Subpart ZZZZ – National Emission Standards for Hazardous
Air Pollutants for Reciprocating Internal Combustion Engines [40 CFR 63.6580 –
63.6675 and RAC 4-103]
This facility is subject to the requirements of 40 CFR Part 63, Subpart ZZZZ for new
non-emergency 4SLB stationary reciprocating internal combustion engines (RICE)
34
with a site rating greater than 500 brake horsepower located at a major source of
hazardous air pollutants (HAPs). Notwithstanding conditions in this permit, the
permittee shall comply with all applicable requirements of 40 CFR Part 63, subparts A
and ZZZZ.
2.2.1.
Affected Sources
The following emission units are considered affected sources under 40 CFR Part
63, Subpart ZZZZ:
C-305 – Caterpillar G3516LE (4SLB SI) Natural Gas-Fired Compressor Engine 1,282 Site Rated Horsepower
C-306 – Caterpillar G3516LE (4SLB SI) Natural Gas-Fired Compressor Engine 1,282 Site Rated Horsepower
C-307 – Caterpillar G3516LE (4SLB SI) Natural Gas-Fired Compressor Engine 1,282 Site Rated Horsepower
[40 CFR 63.6590]
2.2.2.
Emission and Operating Limitations
2.2.2.1.
If you own or operate a new 4SLB stationary RICE with a site rating of
more than 500 brake HP located at a major source of HAP emissions, you
must comply with the emission limitations in Table 2a to this subpart and
the operating limitations in Table 2b to this subpart which apply to you.
[40 CFR 63.6600(b)]
Table 2a to Subpart ZZZZ of Part 63—Emission Limitations for New and Reconstructed 4SLB Stationary
RICE ≥250 HP Located at a Major Source of HAP Emissions
You must meet the following
For each . . . emission limitation, except
During periods of startup you must . . .
during periods of startup . . .
Minimize the engine's time spent at idle and minimize the engine's
2. 4SLB
a. Reduce CO emissions by 93 startup time at startup to a period needed for appropriate and safe
stationary
percent or more
loading of the engine, not to exceed 30 minutes, after which time
RICE
the non-startup emission limitations apply.1
1
Sources can petition the Administrator pursuant to the requirements of 40 CFR 63.6(g) for alternative work practices.
35
Table 2b to Subpart ZZZZ of Part 63—Operating Limitations for New and Reconstructed 4SLB Stationary
RICE ≥250 HP Located at a Major Source of HAP Emissions
You must meet the following operating limitation, except during periods of
For each . . .
startup . . .
1. New 4SLB stationary RICE
a. maintain your catalyst so that the pressure drop across the catalyst does not
≥250 HP located at a major
change by more than 2 inches of water at 100 percent load plus or minus 10
source of HAP emissions
percent from the pressure drop across the catalyst that was measured during the
complying with the requirement initial performance test; and
to reduce CO emissions and using b. maintain the temperature of your stationary RICE exhaust so that the catalyst
an oxidation catalyst; and
inlet temperature is greater than or equal to 450 °F and less than or equal to 1350
°F.1
1
Sources can petition the Administrator pursuant to the requirements of 40 CFR 63.8(f) for a different temperature
range.
2.2.3. General Compliance Requirements
2.2.3.1.
You must be in compliance with the emission limitations, operating
limitations, and other requirements in this subpart that apply at all times.
[40 CFR 63.6605(a)]
2.2.3.2.
At all times you must operate and maintain any affected source, including
associated air pollution control equipment and monitoring equipment, in a
manner consistent with safety and good air pollution control practices for
minimizing emissions. The general duty to minimize emissions does not
require the permittee to make any further efforts to reduce emissions if
levels required by this standard have been achieved. Determination of
whether such operation and maintenance procedures are being used will be
based on information available to the Tribe which may include, but is not
limited to, monitoring results, review of operation and maintenance
procedures, review of operation and maintenance records, and inspection of
the source.
[40 CFR 63.6605(b)]
2.2.4.
Testing and Initial Compliance Requirements
2.2.4.1.
You must conduct the initial performance test or other initial compliance
demonstrations in Table 4 to this subpart that apply to you within 180 days
after the compliance date that is specified for your stationary RICE in
§63.6595 and according to the provisions in §63.7(a)(2).
[40 CFR 63.6610(a)]
36
Table 4 to Subpart ZZZZ of Part 63—Requirements for Performance Tests
Complying
For each
with the
According to the
You must . . .
Using . . .
. . .
requirement
following requirements . . .
to . . .
1. 4SLB a. Reduce CO i. Select the sampling port
(a) For CO and O2 measurement,
stationary emissions
location and the
ducts ≤6 inches in diameter may
RICE
number/location of
be sampled at a single point
traverse points at the inlet
located at the duct centroid and
and outlet of the control
ducts >6 and ≤12 inches in
device; and
diameter may be sampled at 3
traverse points located at 16.7,
50.0, and 83.3% of the
measurement line (`3-point long
line'). If the duct is >12 inches in
diameter and the sampling port
location meets the two and halfdiameter criterion of Section
11.1.1 of Method 1 of 40 CFR
part 60, appendix A-1, the duct
may be sampled at `3-point long
line'; otherwise, conduct the
stratification testing and select
sampling points according to
Section 8.1.2 of Method 7E of 40
CFR part 60, appendix A-4.
ii. Measure the O2 at the (1) Method 3 or 3A or 3B (b) Measurements to determine
inlet and outlet of the
of 40 CFR part 60,
O2 must be made at the same time
control device; and
appendix A-2, or ASTM as the measurements for CO
Method D6522-00
concentration.
(Reapproved
2005)13 (heated probe not
necessary)
iii. Measure the CO at the (2) ASTM D6522-00
(c) The CO concentration must be
inlet and the outlet of the (Reapproved 2005)1232
at 15 percent O2, dry basis.
control device
heated probe not
necessary) or method 10 of
40 CFR part 60, appendix
A-4
iv. Measure moisture
(3) Method 4 of 40 CFR (d) Measurements to determine
content at the inlet and
part 60, appendix A-3, or moisture content must be made at
outlet of the control device method 320 of 40 CFR part the same time and location as the
as needed to determine
63, appendix A, or ASTM measurements for CO
CO and O2 concentrations D6348-0313
concentration.
on a dry basis
1
You may also use methods 3A and 10 as options to ASTM-D6522-00 (2005).
2
You may obtain a copy of ASTM-D6348-03 from at least one of the following addresses: American Society for
Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms
International, 300 North Zeeb Road, Ann Arbor, MI 48106.
3
Incorporated by reference, see §63.14.
37
2.2.4.2.
An owner or operator is not required to conduct an initial performance test
on units for which a performance test has been previously conducted, but
the test must meet all of the conditions described in §63.6610(d)(1) through
(5).
[40 CFR 63.6610(d)]
2.2.4.2.1.
The test must have been conducted using the same methods
specified in this subpart, and these methods must have been
followed correctly.
[40 CFR 63.6610(d)(1)]
2.2.4.2.2.
The test must not be older than 2 years.
2.2.4.2.3.
The test must be reviewed and accepted by the Administrator.
[40 CFR 63.6610(d)(3)]
2.2.4.2.4.
Either no process or equipment changes must have been made since
the test was performed, or the owner or operator must be able to
demonstrate that the results of the performance test, with or without
adjustments, reliably demonstrate compliance despite process or
equipment changes.
[40 CFR 63.6610(d)(4)]
2.2.4.2.5.
The test must be conducted at any load condition within plus or
minus 10 percent of 100 percent load.
[40 CFR 63.6610(d)(5)]
2.2.4.3.
[40 CFR 63.6610(d)(2)]
If you must comply with the emission limitations and operating limitations,
you must conduct subsequent performance tests as specified in Table 3 of
this subpart.
[40 CFR 63.6615]
Table 3 to Subpart ZZZZ of Part 63—Subsequent Performance Tests
Complying with the
For each . . .
You must . . .
requirement to . . .
1. New 4SLB stationary RICE ≥250 HP
Reduce CO emissions and not Conduct subsequent performance tests
located at major sources;
using a CEMS
semiannually.1
1
After you have demonstrated compliance for two consecutive tests, you may reduce the frequency of subsequent
performance tests to annually. If the results of any subsequent annual performance test indicate the stationary RICE
is not in compliance with the CO or formaldehyde emission limitation, or you deviate from any of your operating
limitations, you must resume semiannual performance tests.
2.2.4.3.1.
For semiannual performance tests, the tests shall be performed
each consecutive calendar half-year. A calendar half-year is
defined as the six-month period from January 1 through June 30 or
38
from July 1 through December 31. All semiannual performance
tests shall be performed within 8 months of the previous test.
2.2.4.3.2.
For annual performance tests, the tests shall be performed each
consecutive calendar year between January and December.
Subsequent tests shall be performed within 14 months of the
previous test.
[40 CFR 63.6615 and RAC 2-110(5)]
2.2.4.4.
You must conduct each performance test in Tables 3 and 4 of this subpart
that applies to you.
[40 CFR 63.6620(a)]
2.2.4.5.
Each performance test must be conducted according to the requirements that
this subpart specifies in Table 4 to this subpart. If you own or operate a nonoperational stationary RICE that is subject to performance testing, you do
not need to start up the engine solely to conduct the performance test.
Owners and operators of a non-operational engine can conduct the
performance test when the engine is started up again. The test must be
conducted at any load condition within plus or minus 10 percent of 100
percent load.
[40 CFR 63.6620(b)]
2.2.4.6.
You must conduct three separate test runs for each performance test
required in this section, as specified in §63.7(e)(3). Each test run must last
at least 1 hour, unless otherwise specified in this subpart.
[40 CFR 63.6620(d)]
2.2.4.7.
You must use Equation 1 to determine compliance with the percent
reduction requirement:
𝑪𝑪𝒊𝒊 − 𝑪𝑪𝑶𝑶
× 𝟏𝟏𝟏𝟏𝟏𝟏 = 𝑹𝑹 (𝑬𝑬𝑬𝑬. 𝟏𝟏)
𝑪𝑪𝒊𝒊
Where:
Ci = concentration of carbon monoxide (CO), total hydrocarbons (THC), or
formaldehyde at the control device inlet,
Co = concentration of CO, THC, or formaldehyde at the control device
outlet, and
R = percent reduction of CO, THC, or formaldehyde emissions.
39
[40 CFR 63.6620(e)(1)]
2.2.4.8.
You must normalize the CO, THC, or formaldehyde concentrations at the
inlet and outlet of the control device to a dry basis and to 15 percent
oxygen, or an equivalent percent carbon dioxide (CO2). If pollutant
concentrations are to be corrected to 15 percent oxygen and
CO2 concentration is measured in lieu of oxygen concentration
measurement, a CO2 correction factor is needed. Calculate the
CO2 correction factor as described in §63.6620(e)(2)(i) through (iii).
[40 CFR 63.6620(e)(2)]
2.2.4.8.1.
Calculate the fuel-specific Fo value for the fuel burned during the
test using values obtained from Method 19, Section 5.2, and the
following equation:
𝑭𝑭𝑶𝑶 =
Where:
𝟎𝟎. 𝟐𝟐𝟐𝟐𝟐𝟐 𝑭𝑭𝒅𝒅
𝑭𝑭𝒄𝒄
(𝑬𝑬𝑬𝑬. 𝟐𝟐)
Fo = Fuel factor based on the ratio of oxygen volume to the
ultimate CO2 volume produced by the fuel at zero percent excess
air.
0.209 = Fraction of air that is oxygen, percent/100.
Fd = Ratio of the volume of dry effluent gas to the gross calorific
value of the fuel from Method 19, dsm3/J (dscf/106 Btu).
Fc = Ratio of the volume of CO2 produced to the gross calorific
value of the fuel from Method 19, dsm3/J (dscf/106 Btu)
[40 CFR 63.6620(e)(2)(i)]
2.2.4.8.2.
Calculate the CO2 correction factor for correcting measurement data
to 15 percent O2, as follows:
𝑿𝑿𝑪𝑪𝑪𝑪𝑪𝑪 =
Where:
𝟓𝟓. 𝟗𝟗
𝑭𝑭𝑶𝑶
(𝑬𝑬𝑬𝑬. 𝟑𝟑)
40
XCO2 = CO2 correction factor, percent
5.9 = 20.9 percent O2 – 15 percent O2, the defined O2 correction
value, percent
[40 CFR 63.6620(e)(2)(ii)]
2.2.4.8.3.
Calculate the CO, THC, and formaldehyde gas concentrations
adjusted to 15 percent O2 using CO2 as follows:
𝑪𝑪𝒂𝒂𝒂𝒂𝒂𝒂 = 𝑪𝑪𝒅𝒅
Where:
𝑿𝑿𝑪𝑪𝑪𝑪𝑪𝑪
%𝑪𝑪𝑪𝑪𝟐𝟐
(𝑬𝑬𝑬𝑬. 𝟒𝟒)
Cadj = Calculated concentration of CO, THC, or formaldehyde
adjusted to 15 percent O2.
Cd = Measured concentration of CO, THC, or formaldehyde,
uncorrected.
XCO2 = CO2 correction factor, percent.
%CO2 = Measured CO2 concentration measured, dry basis,
percent.
[40 CFR 63.6620(e)(2)(iii)]
2.2.4.9.
The engine percent load during a performance test must be determined by
documenting the calculations, assumptions, and measurement devices used
to measure or estimate the percent load in a specific application. A written
report of the average percent load determination must be included in the
notification of compliance status. The following information must be
included in the written report: the engine model number, the engine
manufacturer, the year of purchase, the manufacturer's site-rated brake
horsepower, the ambient temperature, pressure, and humidity during the
performance test, and all assumptions that were made to estimate or
calculate percent load during the performance test must be clearly
explained. If measurement devices such as flow meters, kilowatt meters,
beta analyzers, stain gauges, etc. are used, the model number of the
measurement device, and an estimate of its accurate in percentage of true
value must be provided.
[40 CFR 63.6620(i)]
41
2.2.4.10.
Beginning on February 26, 2025, within 60 days after the date of
completing each performance test required by this subpart, you must
submit the results of the performance test following the procedure
specified in §63.9(k). Data collected using test methods supported by the
EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT
website (https://www.epa.gov/electronic-reporting-airemissions/electronic-reporting-tool-ert) at the time of the test must be
submitted in a file format generated using the EPA's ERT. Alternatively,
you may submit an electronic file consistent with the extensible markup
language (XML) schema listed on the EPA's ERT website. Data collected
using test methods that are not supported by the EPA's ERT as listed on
the EPA's ERT website at the time of the test must be included as an
attachment in the ERT or alternate electronic file.
[40 CFR 63.6620(j)]
2.2.4.11.
If you are required to install a continuous parameter monitoring system
(CPMS) as specified in Table 5 of this subpart, you must install, operate,
and maintain each CPMS according to the requirements in §63.6625(b)(1)
through (6).
[40 CFR 63.6625(b)]
Table 5 to Subpart ZZZZ of Part 63 - Initial Compliance With Emission Limitations, Operating
Limitations, and Other Requirements
Complying with the You have demonstrated initial compliance if
For each . . .
requirement to . . .
. . .
1. New non-emergency 4SLB stationary a. Reduce CO emissions i. The average reduction of emissions of CO
RICE ≥250 HP located at a major
and using oxidation
determined from the initial performance test
source of HAP
catalyst, and using a
achieves the required CO percent reduction;
CPMS
and
ii. You have installed a CPMS to continuously
monitor catalyst inlet temperature according to
the requirements in §63.6625(b); and
iii. You have recorded the catalyst pressure
drop and catalyst inlet temperature during the
initial performance test.
2.2.4.11.1.
You must prepare a site-specific monitoring plan that addresses the
monitoring system design, data collection, and the quality assurance
and quality control elements outlined in §63.6625(b)(1)(i) through
(v) and in §63.8(d). As specified in §63.8(f)(4), you may request
approval of monitoring system quality assurance and quality control
procedures alternative to those specified in paragraphs
§63.6625(b)(1) through (5) in your site-specific monitoring plan.
[40 CFR 63.6625(b)(1)]
42
2.2.4.11.1.1.
The performance criteria and design specifications for the
monitoring system equipment, including the sample
interface, detector signal analyzer, and data acquisition and
calculations;
[40 CFR 63.6625(b)(1)(i)]
2.2.4.11.1.2.
Sampling interface (e.g., thermocouple) location such that
the monitoring system will provide representative
measurements;
[40 CFR 63.6625(b)(1)(ii)]
2.2.4.11.1.3.
Equipment performance evaluations, system accuracy
audits, or other audit procedures;
[40 CFR 63.6625(b)(1)(iii)]
2.2.4.11.1.4.
Ongoing operation and maintenance procedures in
accordance with provisions in §63.8(c)(1)(ii) and (c)(3); and
[40 CFR 63.6625(b)(1)(iv)]
2.2.4.11.1.5.
Ongoing reporting and recordkeeping procedures in
accordance with provisions in §63.10(c), (e)(1), and
(e)(2)(i).
[40 CFR 63.6625(b)(1)(v)]
2.2.4.11.2.
You must install, operate, and maintain each CPMS in continuous
operation according to the procedures in your site-specific
monitoring plan.
[40 CFR 63.6625(b)(2)]
2.2.4.11.3.
The CPMS must collect data at least once every 15 minutes (see also
§63.6635).
[40 CFR 63.6625(b)(3)]
2.2.4.11.4.
For a CPMS for measuring temperature range, the temperature
sensor must have a minimum tolerance of 2.8 degrees Celsius (5
degrees Fahrenheit) or 1 percent of the measurement range,
whichever is larger.
[40 CFR 63.6625(b)(4)]
2.2.4.11.5.
You must conduct the CPMS equipment performance evaluation,
system accuracy audits, or other audit procedures specified in your
site-specific monitoring plan at least annually.
[40 CFR 63.6625(b)(5)]
43
2.2.4.11.6.
You must conduct a performance evaluation of each CPMS in
accordance with your site-specific monitoring plan.
[40 CFR 63.6625(b)(6)]
2.2.4.12.
You must minimize the engine's time spent at idle during startup and
minimize the engine's startup time to a period needed for appropriate and
safe loading of the engine, not to exceed 30 minutes, after which time the
emission standards applicable to all times other than startup in Table 2a to
this subpart apply.
[40 CFR 63.6625(h)]
2.2.4.13.
You must demonstrate initial compliance with each emission limitation,
operating limitation, and other requirement that applies to you according to
Table 5 of this subpart.
[40 CFR 63.6630(a)]
2.2.4.14.
During the initial performance test, you must establish each operating
limitation in Table 2b of this subpart that applies to you.
[40 CFR 63.6630(b)]
2.2.4.15.
You must submit the Notification of Compliance Status containing the
results of the initial compliance demonstration according to the
requirements in §63.6645.
[40 CFR 63.6630(c)]
2.2.5.
Continuous Compliance Requirements
2.2.5.1.
If you must comply with emission and operating limitations, you must
monitor and collect data according to this section.
[40 CFR 63.6635(a)]
2.2.5.2.
Except for monitor malfunctions, associated repairs, required performance
evaluations, and required quality assurance or control activities, you must
monitor continuously at all times that the stationary RICE is operating. A
monitoring malfunction is any sudden, infrequent, not reasonably
preventable failure of the monitoring to provide valid data. Monitoring
failures that are caused in part by poor maintenance or careless operation
are not malfunctions.
[40 CFR 63.6635(b)]
2.2.5.3.
You may not use data recorded during monitoring malfunctions, associated
repairs, and required quality assurance or control activities in data averages
and calculations used to report emission or operating levels. You must,
however, use all the valid data collected during all other periods.
[40 CFR 63.6635(c)]
44
2.2.5.4.
You must demonstrate continuous compliance with each requirement in
Tables 2a and 2b to this subpart that applies to you according to methods
specified in Table 6 to this subpart.
[40 CFR 63.6640(a)]
Table 6 to Subpart ZZZZ of Part 63—Continuous Compliance With Emission Limitations, and Other
Requirements
Complying with the
For each . . .
You must demonstrate continuous compliance by . . .
requirement to . . .
1. New non-emergency
a. Reduce CO emissions
i. Conducting semiannual performance tests for CO to
4SLB stationary RICE ≥250 and using an oxidation
demonstrate that the required CO percent reduction is
HP located at a major source catalyst, and using a CPMS achieveda; and
of HAP
ii. Collecting the catalyst inlet temperature data according
to §63.6625(b); and
iii. Reducing these data to 4-hour rolling averages; and
iv. Maintaining the 4-hour rolling averages within the
operating limitations for the catalyst inlet temperature;
and
v. Measuring the pressure drop across the catalyst once
per month and demonstrating that the pressure drop
across the catalyst is within the operating limitation
established during the performance test.
a
After you have demonstrated compliance for two consecutive tests, you may reduce the frequency of subsequent
performance tests to annually. If the results of any subsequent annual performance test indicate the stationary RICE
is not in compliance with the CO or formaldehyde emission limitation, or you deviate from any of your operating
limitations, you must resume semiannual performance tests.
2.2.5.5.
You must report each instance in which you did not meet each requirement
in Tables 2a and 2b to this subpart that applies. These instances are
deviations from the emission and operating limitations in this subpart.
These deviations must be reported according to the requirements in
§63.6650. If you change your catalyst, you must reestablish the values of
the operating parameters measured during the initial performance test.
When you reestablish the values of your operating parameters, you must
also conduct a performance test to demonstrate that you are meeting the
required emission limitation applicable to your stationary RICE.
[40 CFR 63.6640(b)]
2.2.5.5.1.
2.2.5.6.
You must conduct the performance test within 180 days of the
catalyst change.
[RAC 2-110(5)]
For new stationary RICE, deviations from the emission or operating
limitations that occur during the first 200 hours of operation from engine
startup (engine burn-in period) are not violations. Rebuilt stationary RICE
means a stationary RICE that has been rebuilt as that term is defined in 40
CFR 94.11(a).
[40 CFR 63.6640(d)]
45
2.2.5.7.
2.2.6.
You must also report each instance in which you did not meet the
requirements in Table 8 to this subpart that apply.
[40 CFR 63.6640(e)]
Notifications, Reports, and Records
2.2.6.1.
You must submit all of the notifications in §§63.7(b) and (c), 63.8(e), (f)(4),
63.9(b) through (e), and (g) and (h) that apply by the dates specified.
[40 CFR 63.6645(a)]
2.2.6.2.
You must submit a Notification of Intent to conduct a performance test at
least 60 days before the performance test is scheduled to begin as required
in §63.7(b)(1).
[40 CFR 63.6645(g)]
2.2.6.3.
If you are required to conduct a performance test or other initial compliance
demonstration as specified in Tables 4 and 5 to this subpart, you must
submit a Notification of Compliance Status according to §63.9(h)(2)(ii).
[40 CFR 63.6645(h)]
2.2.6.3.1.
For each initial compliance demonstration required in Table 5 to this
subpart that does not include a performance test, you must submit
the Notification of Compliance Status before the close of business
on the 30th day following the completion of the initial compliance
demonstration.
[40 CFR 63.6645(h)(1)]
2.2.6.3.2.
Beginning on February 26, 2025, for each initial compliance
demonstration required in table 5 to this subpart that includes a
performance test conducted according to the requirements in table 3
to this subpart, you must submit the Notification of Compliance
Status, including a summary of the performance test results, in PDF
to the EPA via the Compliance and Emissions Data Reporting
Interface (CEDRI), before the close of business on the 60th day
following the completion of the performance test following the
procedure specified in §63.9(k), except any Confidential Business
Information (CBI) is to be submitted according to §63.6645(h)(2)(i)
and (ii). Do not use CEDRI to submit information you claim as CBI.
[40 CFR 63.6645(h)(2)]
2.2.6.4.
You must submit each report in Table 7 of this subpart that applies to you.
[40 CFR 63.6650(a)]
46
Table 7 to Subpart ZZZZ of Part 63—Requirements for Reports
You must submit
The report must contain
You must submit the
For each . . .
a. . .
. . .
report . . .
1. New non-emergency
Compliance report
a. If there are no deviations
i. Semiannually
stationary RICE >500
from any emission
according to the
HP located at a major
limitations or operating
requirements in
source of HAP
limitations that apply to you,
§63.6650(b)(1)-(5) and
a statement that there were no (i) for engines that are
deviations from the emission not limited use
limitations or operating
stationary RICE subject
limitations during the
to numerical emission
reporting period. If there
limitations; and
were no periods during which ii. Annually according
to the requirements in
the CMS, including CEMS
§63.6650(b)(6)-(9) and
and CPMS, was out-of(i) for engines that are
control, as specified in
limited use stationary
§63.8(c)(7), a statement that
there were not periods during RICE subject to
numerical emission
which the CMS was out-oflimitations.
control during the reporting
period; or
b. If you had a deviation from i. Semiannually
any emission limitation or
according to the
operating limitation during
requirements in
the reporting period, the
§63.6650(b) and (i).
information in §63.6650(d).
If there were periods during
which the CMS, including
CEMS and CPMS, was outof-control, as specified in
§63.8(c)(7), the information
in §63.6650(e); or
c. If you had a malfunction
i. Semiannually
during the reporting period,
according to the
the information in
requirements in
§63.6650(c)(4).
§63.6650(b) and (i).
2.2.6.5.
You must submit a compliance report semi-annually by April 1 and October
1 of each year. The report due on April 1 shall cover the July 1 – December
31 reporting period of the previous calendar year. The report due on October
1 shall cover the January 1 – June 30 reporting period of the current calendar
year.
[40 CFR 63.6650(b)(3)]
2.2.6.6.
You must submit annual compliance reports by April 1st.
2.2.6.7.
The Compliance report must contain the information specified in
§63.6650(c)(1) through (8).
[40 CFR 63.6650(c)]
47
[RAC 2-110(7)]
2.2.6.7.1.
Company name and address.
2.2.6.7.2.
Statement by a responsible official, with that official's name, title,
and signature, certifying the accuracy of the content of the report.
[40 CFR 63.6650(c)(2)]
2.2.6.7.3.
Date of report and beginning and ending dates of the reporting
period.
[40 CFR 63.6650(c)(3)]
2.2.6.7.4.
If you had a malfunction during the reporting period, the compliance
report must include the number, duration, and a brief description for
each type of malfunction which occurred during the reporting period
and which caused or may have caused any applicable emission
limitation to be exceeded. The report must also include a description
of actions taken by an owner or operator during a malfunction of an
affected source to minimize emissions in accordance with
§63.6605(b), including actions taken to correct a malfunction.
[40 CFR 63.6650(c)(4)]
2.2.6.7.5.
If there are no deviations from any emission or operating limitations
that apply to you, a statement that there were no deviations from the
emission or operating limitations during the reporting period.
[40 CFR 63.6650(c)(5)]
2.2.6.7.6.
If there were no periods during which the continuous monitoring
system (CMS), including CEMS and CPMS, was out-of-control, as
specified in §63.8(c)(7), a statement that there were no periods
during which the CMS was out-of-control during the reporting
period.
[40 CFR 63.6650(c)(6)]
2.2.6.7.7.
Engine site rating in brake HP, year construction of the engine
commenced (as defined in §63.2, where the exact year is not known,
provide the best estimate), and type of engine (CI, SI 2SLB, SI
4SLB, or SI 4SRB).
[40 CFR 63.6650(c)(7)]
2.2.6.7.8.
Latitude and longitude of the engine in decimal degrees reported to
the fifth decimal place.
[40 CFR 63.6650(c)(8)]
2.2.6.8.
[40 CFR 63.6650(c)(1)]
For each deviation from an emission or operating limitation occurring for a
stationary RICE where you are using a CMS to comply with the emission
48
and operating limitations in this subpart, you must include information in
paragraphs §63.6650(c)(1) through (8) and (e)(1) through (13).
[40 CFR 63.6650(e)]
2.2.6.8.1.
The date and time that each malfunction started and stopped.
[40 CFR 63.6650(e)(1)]
2.2.6.8.2.
The start and end date and time and the duration (in hours) that each
CMS was inoperative, except for zero (low-level) and high-level
checks.
[40 CFR 63.6650(e)(2)]
2.2.6.8.3.
The start and end date and time and the duration (in hours) that each
CMS was out-of-control, including the information in §63.8(c)(8).
[40 CFR 63.6650(e)(3)]
2.2.6.8.4.
The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of malfunction or
during another period.
[40 CFR 63.6650(e)(4)]
2.2.6.8.5.
A summary of the total duration (in hours) of the deviation during
the reporting period, and the total duration as a percent of the total
source operating time during that reporting period.
[40 CFR 63.6650(e)(5)]
2.2.6.8.6.
A breakdown of the total duration (in hours) of the deviations during
the reporting period into those that are due to control equipment
problems, process problems, other known causes, and other
unknown causes.
[40 CFR 63.6650(e)(6)]
2.2.6.8.7.
A summary of the total duration (in hours) of CMS downtime during
the reporting period, and the total duration of CMS downtime as a
percent of the total operating time of the stationary RICE at which
the CMS downtime occurred during that reporting period.
[40 CFR 63.6650(e)(7)]
2.2.6.8.8.
An identification of each parameter and pollutant (CO or
formaldehyde) that was monitored at the stationary RICE.
[40 CFR 63.6650(e)(8)]
2.2.6.8.9.
[Reserved]
2.2.6.8.10.
A brief description of the CMS.
49
[40 CFR 63.6650(e)(10)]
2.2.6.8.11.
The date of the latest CMS certification or audit.
[40 CFR 63.6650(e)(11)]
2.2.6.8.12.
A description of any changes in CMS, processes, or controls since
the last reporting period.
[40 CFR 63.6650(e)(12)]
2.2.6.8.13.
The total operating time of the stationary RICE at which the
deviation occurred during the reporting period.
[40 CFR 63.6650(e)(13)]
2.2.6.9.
Each affected source that has obtained a title V operating permit pursuant
to 40 CFR part 70 or 71 must report all deviations as defined in this subpart
in the semiannual monitoring report required by 40 CFR 70.6 (a)(3)(iii)(A)
or 40 CFR 71.6(a)(3)(iii)(A). If an affected source submits a Compliance
report pursuant to table 7 of this subpart along with, or as part of, the
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40
CFR 71.6(a)(3)(iii)(A), and the Compliance report includes all required
information concerning deviations from any emission or operating
limitation in this subpart, submission of the Compliance report shall be
deemed to satisfy any obligation to report the same deviations in the
semiannual monitoring report. However, submission of a Compliance
report shall not otherwise affect any obligation the affected source may have
to report deviations from permit requirements to the permit authority.
Beginning on February 26, 2025, the semiannual and annual compliance
report required in table 7 of this subpart must be submitted according to
§63.6650(i). Only those elements required under this subpart are required
to be submitted according to §63.6650(i).
[40 CFR 63.6650(f)]
2.2.6.10.
Beginning on February 26, 2025 for the annual report specified in
§63.6650(h) and February 26, 2025 or one year after the report becomes
available in CEDRI, whichever is later for all other semiannual or annual
reports, submit all semiannual and annual subsequent compliance reports
using the appropriate electronic report template on the CEDRI website
(https://www.epa.gov/electronic-reporting-air-emissions/cedri) for this
subpart and following the procedure specified in §63.9(k), except any CBI
must be submitted according to the procedures in §63.6645(h). The date
report templates become available will be listed on the CEDRI website.
Unless the Administrator or delegated state agency or other authority has
approved a different schedule for submission of reports, the report must be
submitted by the deadline specified in this subpart, regardless of the method
in which the report is submitted.
50
[40 CFR 63.6650(i)]
2.2.6.11.
If you must comply with the emission and operating limitations, you must
keep the records described in §63.6655(a)(1) through (a)(5) and (b)(1)
through (b)(3).
[40 CFR 63.6655(a)]
2.2.6.11.1.
A copy of each notification and report that you submitted to comply
with this subpart, including all documentation supporting any Initial
Notification or Notification of Compliance Status that you
submitted, according to the requirement in §63.10(b)(2)(xiv).
[40 CFR 63.6655(a)(1)]
2.2.6.11.2.
Records of the occurrence and duration (in hours) of each
malfunction of operation (i.e., process equipment) or the air
pollution control and monitoring equipment.
[40 CFR 63.6655(a)(2)]
2.2.6.11.3.
Records of performance tests and performance evaluations as
required in §63.10(b)(2)(viii).
[40 CFR 63.6655(a)(3)]
2.2.6.11.4.
Records of all required maintenance performed on the air pollution
control and monitoring equipment.
[40 CFR 63.6655(a)(4)]
2.2.6.11.5.
Records of actions taken during periods of malfunction to minimize
emissions in accordance with §63.6605(b), including corrective
actions to restore malfunctioning process and air pollution control
and monitoring equipment to its normal or usual manner of
operation.
[40 CFR 63.6655(a)(5)]
2.2.6.12.
For each CPMS, you must keep the records listed in §63.6655(b)(1) through
(3).
[40 CFR 63.6655(b)]
2.2.6.12.1.
Records described in §63.10(b)(2)(vi) through (xi).
[40 CFR 63.6655(b)(1)]
2.2.6.12.2.
Previous (i.e., superseded) versions of the performance evaluation
plan as required in §63.8(d)(3).
[40 CFR 63.6655(b)(2)]
51
2.2.6.12.3.
Requests for alternatives to the relative accuracy test for CPMS as
required in §63.8(f)(6)(i), if applicable.
[40 CFR 63.6655(b)(3)]
2.2.6.13.
You must keep the records required in Table 6 of this subpart to show
continuous compliance with each emission or operating limitation that
applies.
[40 CFR 63.6655(d)]
2.2.6.14.
Records must be kept in a form suitable and readily available for
expeditious review according to §63.10(b)(1).
[40 CFR 63.6660(a)]
2.2.6.15.
As specified in §63.10(b)(1), you must keep each record for 5 years
following the date of each occurrence, measurement, maintenance,
corrective action, report, or record.
[40 CFR 63.6660(b)]
2.2.6.16.
You must keep each record readily accessible in hard copy or electronic
form for at least 5 years after the date of each occurrence, measurement,
maintenance, corrective action, report, or record, according to §63.10(b)(1).
[40 CFR 63.6660(c)]
2.2.7.
Other Requirements and Information
2.2.7.1.
Table 8 to this subpart shows which parts of the General Provisions in
§§63.1 through 63.15 apply to you.
Table 8 to Subpart ZZZZ of Part 63 – Applicability of General Provisions to Subpart ZZZZ
General
Subject of citation
Applies to subpart
Explanation
provisions citation
§63.1
General applicability of the
Yes.
General Provisions
§63.2
Definitions
Yes
Additional terms defined in §63.6675.
§63.3
Units and abbreviations
Yes.
§63.4
Prohibited activities and
Yes.
circumvention
§63.5
Construction and reconstruction
Yes.
§63.6(a)
Applicability
Yes.
§63.6(b)(1)-(4)
Compliance dates for new and
Yes.
reconstructed sources
§63.6(b)(5)
Notification
Yes.
§63.6(b)(6)
[Reserved]
§63.6(b)(7)
Compliance dates for new and
Yes.
reconstructed area sources that
become major sources
52
§63.6(c)(1)-(2)
§63.6(j)
§63.7(a)(1)-(2)
Compliance dates for existing
Yes.
sources
[Reserved]
Compliance dates for existing area Yes.
sources that become major sources
[Reserved]
Operation and maintenance
No.
Applicability of standards
No.
Methods for determining
Yes.
compliance
Finding of compliance
Yes.
Use of alternate standard
Yes.
Opacity and visible emission
No
standards
Compliance extension procedures Yes.
and criteria
Presidential compliance exemption Yes.
Performance test dates
Yes
§63.7(a)(3)
§63.7(b)(1)
CAA section 114 authority
Notification of performance test
Yes.
Yes
§63.7(b)(2)
Notification of rescheduling
Yes
§63.7(c)
Quality assurance/test plan
Yes
§63.7(d)
§63.7(e)(1)
Testing facilities
Conditions for conducting
performance tests
Yes.
No.
§63.7(e)(2)
Conduct of performance tests and Yes
reduction of data
Test run duration
Yes.
Administrator may require other
Yes.
testing under section 114 of the
CAA
Alternative test method provisions Yes.
Performance test data analysis,
Yes.
recordkeeping, and reporting
Waiver of tests
Yes.
Applicability of monitoring
Yes
requirements
§63.6(c)(3)-(4)
§63.6(c)(5)
§63.6(d)
§63.6(e)
§63.6(f)(1)
§63.6(f)(2)
§63.6(f)(3)
§63.6(g)(1)-(3)
§63.6(h)
§63.6(i)
§63.7(e)(3)
§63.7(e)(4)
§63.7(f)
§63.7(g)
§63.7(h)
§63.8(a)(1)
§63.8(a)(2)
§63.8(a)(3)
§63.8(a)(4)
§63.8(b)(1)
Performance specifications
[Reserved]
Monitoring for control devices
Monitoring
Yes.
No.
Yes.
53
Subpart ZZZZ does not contain opacity
or visible emission standards.
Subpart ZZZZ contains performance
test dates at §§63.6610, 63.6611, and
63.6612.
Except that §63.7(b)(1) only applies as
specified in §63.6645.
Except that §63.7(b)(2) only applies as
specified in §63.6645.
Except that §63.7(c) only applies as
specified in §63.6645.
Subpart ZZZZ specifies conditions for
conducting performance tests at
§63.6620.
Subpart ZZZZ specifies test methods at
§63.6620.
Subpart ZZZZ contains specific
requirements for monitoring at
§63.6625.
§63.8(b)(2)-(3)
Multiple effluents and multiple
monitoring systems
Monitoring system operation and
maintenance
Routine and predictable SSM
SSM not in Startup Shutdown
Malfunction Plan
Compliance with operation and
maintenance requirements
Monitoring system installation
Continuous monitoring system
(CMS) requirements
Yes.
§63.8(c)(5)
§63.8(c)(6)-(8)
COMS minimum procedures
CMS requirements
No
Yes
§63.8(d)
§63.8(e)
CMS quality control
CMS performance evaluation
Yes.
Yes
§63.8(c)(1)
§63.8(c)(1)(i)
§63.8(c)(1)(ii)
§63.8(c)(1)(iii)
§63.8(c)(2)-(3)
§63.8(c)(4)
§63.8(f)(1)-(5)
§63.8(f)(6)
§63.8(g)
§63.9(a)
§63.9(b)(1)-(5)
§63.9(c)
§63.9(d)
§63.9(e)
§63.9(f)
§63.9(g)(1)
§63.9(g)(2)
Yes.
No
Yes.
No
Yes.
Yes
Except that subpart ZZZZ does not
require Continuous Opacity
Monitoring System (COMS).
Subpart ZZZZ does not require COMS.
Except that subpart ZZZZ does not
require COMS.
Except for §63.8(e)(5)(ii), which
applies to COMS.
Except that
§63.8(e) only
applies as specified
in §63.6645.
Alternative monitoring method
Yes
Except that §63.8(f)(4) only applies as
specified in §63.6645.
Alternative to relative accuracy test Yes
Except that §63.8(f)(6) only applies as
specified in §63.6645.
Data reduction
Yes
Except that provisions for COMS are
not applicable. Averaging periods for
demonstrating compliance are
specified at §§63.6635 and 63.6640.
Applicability and State delegation Yes.
of notification requirements
Initial notifications
Yes
Except that §63.9(b)(3) is reserved.
Except that
§63.9(b) only
applies as specified
in §63.6645.
Request for compliance extension Yes
Except that §63.9(c) only applies as
specified in §63.6645.
Notification of special compliance Yes
Except that §63.9(d) only applies as
requirements for new sources
specified in §63.6645.
Notification of performance test
Yes
Except that §63.9(e) only applies as
specified in §63.6645.
Notification of visible emission
No
Subpart ZZZZ does not contain opacity
(VE)/opacity test
or VE standards.
Notification of performance
Yes
Except that §63.9(g) only applies as
evaluation
specified in §63.6645.
Notification of use of COMS data No
Subpart ZZZZ does not contain opacity
or VE standards.
54
§63.9(g)(3)
Notification that criterion for
alternative to RATA is exceeded
Yes
If alternative is in use.
Except that
§63.9(g) only
applies as specified
in §63.6645.
§63.9(h)(1)-(6)
Notification of compliance status Yes
Except that notifications for sources
using a CEMS are due 30 days after
completion of performance
evaluations. §63.9(h)(4) is reserved.
Except that §63.9(h) only applies as
specified in §63.6645.
§63.9(i)
Adjustment of submittal deadlines Yes.
§63.9(j)
Change in previous information
Yes.
§63.10(a)
Administrative provisions for
Yes.
recordkeeping/reporting
§63.10(b)(1)
Record retention
Yes
Except that the most recent 2 years of
data do not have to be retained on site.
§63.10(b)(2)(i)-(v) Records related to SSM
No.
§63.10(b)(2)(vi)- Records
Yes.
(xi)
§63.10(b)(2)(xii) Record when under waiver
Yes.
§63.10(b)(2)(xiii) Records when using alternative to Yes
For CO standard if using RATA
RATA
alternative.
§63.10(b)(2)(xiv) Records of supporting
Yes.
documentation
§63.10(b)(3)
Records of applicability
Yes.
determination
§63.10(c)
Additional records for sources
Yes
Except that §63.10(c)(2)-(4) and (9) are
using CEMS
reserved.
§63.10(d)(1)
General reporting requirements
Yes.
§63.10(d)(2)
Report of performance test results Yes.
§63.10(d)(3)
Reporting opacity or VE
No
Subpart ZZZZ does not contain opacity
observations
or VE standards.
§63.10(d)(4)
Progress reports
Yes.
§63.10(d)(5)
Startup, shutdown, and malfunction No.
reports
§63.10(e)(1) and Additional CMS Reports
Yes.
(2)(i)
§63.10(e)(2)(ii)
COMS-related report
No
Subpart ZZZZ does not require COMS.
§63.10(e)(3)
Excess emission and parameter
Yes.
Except that §63.10(e)(3)(i) (C) is
exceedances reports
reserved.
§63.10(e)(4)
Reporting COMS data
No
Subpart ZZZZ does not require COMS.
§63.10(f)
Waiver for recordkeeping/reporting Yes.
§63.11
Flares
No.
§63.12
State authority and delegations
Yes.
§63.13
Addresses
Yes.
§63.14
Incorporation by reference
Yes.
§63.15
Availability of information
Yes.
55
[40 CFR 63.6665]
Reserved – Tribal Minor New Source Review
Reserved – Prevention of Significant Deterioration Requirements
Reserved – Consent Decree Requirements
Reserved – Compliance Assurance Monitoring (CAM) Requirements
Enhanced Monitoring, Recordkeeping, and Reporting
7.1. Any documents required to be submitted under this Title V operating permit,
including but not limited to, reports, test data, monitoring data, notifications,
compliance certifications, fee calculation worksheets, and applications for renewals
and permit modifications shall be submitted to the Tribe:
by email at: airqualty@southernute-nsn.gov
or by United States Postal Service:
or by Common Carrier:
Part 70 Program
Environmental Programs Department
Air Quality Division
P.O. Box 737 MS #84
Ignacio, Colorado 81137
Part 70 Program
Environmental Programs Department
Air Quality Division
398 Ouray Drive
Ignacio, CO 81137
56
Section IV – Appendix
Inspection Information
1.1. Driving Directions:
From Hwy 550 and CR 310 / 318 going east, travel approximately 10 miles and turn right
at the dirt road. Traveling south 1.5 miles up Herrera Hill, stay to the right at the top of
the hill. At the next intersection, SU 151, go straight through and continue approximately
2.5 miles. Turn left at the intersection near Homestead Compressor Station and continue
approximately 3.5 miles. Turn left and the station is straight ahead.
1.2. Global Positioning System (GPS):
Latitude: 37.025346 °N
Longitude: -107.680022 °W
1.3. Safety Considerations:
All visitors to the facility are expected to adhere to Red Cedar Gathering Company’s
Safety policies. Policies of particular concern are those regarding Personal Protective
Equipment (PPE) and performance of Hot Work. As posted at the entrance to the station,
Red Cedar Gathering Company requires persons entering the site to wear a hard hat,
safety glasses, safety toe footwear, hearing protection, and fire-retardant clothing. Red
Cedar Gathering Company also requires a permit be issued prior to the performance of
any Hot Work at the station.
57
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.