# AIR QUALITY DIVISION (2025) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Asouthern_ute%3A933a8110bfbf7b90 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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. [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Asouthern_ute%3A933a8110bfbf7b90. Public record. Not legal advice.