Southern Ute Indian Tribe (2024)
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Southern Ute Indian Tribe
Air Quality Division
Title V Operating Permit
Southern Ute Indian Tribe
Environmental Programs Department
Air Quality Division
71 Mike Frost Way
Ignacio, Colorado 81137
AIR POLLUTION CONTROL
TITLE V PERMIT TO OPERATE
In accordance with the provisions of Title V of the Clean Air Act (42 U.S.C. 7661-7661f) and Part
1, Article II of the Southern Ute Indian Tribe/State of Colorado Environmental Commission’s
Reservation Air Code (RAC) and applicable rules and regulations,
SIMCOE, LLC
Tiffany 3 Pad
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 21, T33N, R6W
La Plata County, Colorado
Terms not otherwise defined in this permit have the meaning assigned to them in the referenced
regulations. All terms and conditions of the permit are enforceable by the Tribe and citizens under
the Clean Air Act.
Daniel Powers, Air Quality Division Head
Environmental Programs Department
Southern Ute Indian Tribe
AIR POLLUTION CONTROL
TITLE V PERMIT TO OPERATE
SIMCOE, LLC
Tiffany 3 Pad
SUIT Account Identification Code: 2-040
Permit Number: V-SUIT-0058-2024.02
[Replaces Permit No.: V-SUIT-0058-2024.01]
Initial Issue Date:
Revised Date:
Expiration Date:
December 30, 2024
September 9, 2025
December 30, 2029
The SUIT account identification code and permit number cited above should be referenced in future
correspondence regarding this facility.
Permit Issuance History
DATE
TYPE OF
ACTION
DESCRIPTION OF ACTION
PERMIT NUMBER
April 4, 2022
Registration
Completed Part 1 Registration Requirements (40 CFR
49.101 - 49.105)
# SU-000483
November 16, 2022
Startup
Commenced Operation
# SU-000483
January 12, 2023
Registration
Completed Part 2 Registration Requirements (40 CFR
49.101 - 49.105)
# SU-000483
November 14, 2023
Application
Submitted Initial Part 70 Permit Application
N/A
December 30, 2024
Permit Issued
Initial Part 70 Permit Issued
# V-SUIT-0058-2024.00
April 11, 2025
Permit Revision
September 9, 2025
Permit Revision
Administrative Permit Revision
Corrected performance testing requirements
under 40 CFR Part 60, Subpart JJJJ
Added notification, reporting, and
recordkeeping requirements under 40 CFR
Part 60, Subpart JJJJ
Administrative Revision
Added language to 40 CFR 60, Subpart
OOOOa, due to the 2025 EPA Final Interim
Rule extending compliance deadlines for 40
CFR 60, Subpart OOOO/a/b/c.
# V-SUIT-0058-2024.01
# V-SUIT-0058-2024.02
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] .........................14
1.11.
Property Rights [RAC 2-110(3)(e)] .......................................................................................................16
1.12.
Inspection and Entry [RAC 2-110(9)(b)] ..............................................................................................16
1.13.
[Reserved] ............................................................................................................................................16
1.14.
Permit Transfers [RAC 2-113] ..............................................................................................................16
1.15.
Off-Permit Changes [RAC 2-116(2)]..................................................................................................... 16
1.16.
Permit Expiration and Renewal ..........................................................................................................17
2.
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, RAC 3-102] ..........................................................................23
1.2.
40 CFR Part 60, Subpart OOOOa – Standards of Performance for Crude Oil and Natural Gas
Facilities for which Construction, Modification or Reconstruction Commenced After September 18, 2015,
and On or Before December 6, 2022 [40 CFR 60.5360a - 60.5439a and RAC 3-102] .......................................29
2.
National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR Part 63 ...........................57
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] ............................................. 57
3.
Reserved – Tribal Minor New Source Review ................................................................................................58
1
3.1
Federal Implementation Plan for Managing Air Emissions from True Minor Sources in Indian
Country in the Oil and Natural Gas Production and Natural Gas Processing Segments of the Oil and Natural
Gas Sector [40 CFR 49.101-49.105] [SU-000483]...............................................................................................58
4.
Reserved – Prevention of Significant Deterioration Requirements ............................................................... 58
5.
Reserved – Consent Decree Requirements ....................................................................................................58
6.
Reserved – Compliance Assurance Monitoring (CAM) Requirements ...........................................................58
7.
Enhanced Monitoring, Recordkeeping, and Reporting..................................................................................58
Section IV – Appendix .......................................................................................................................................... 59
Inspection Information ..................................................................................................................................59
1.1.
Driving Directions: ...............................................................................................................................59
1.2.
Global Positioning System (GPS): .......................................................................................................59
1.3.
Safety Considerations: ........................................................................................................................59
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:
SIMCOE, LLC
Facility Name:
Tiffany 3 Pad
Facility Location:
Latitude:
Section 21, T33N, R6W
37.086537 °N
Longitude:
-107.512152 °W
State:
Colorado
County:
La Plata
Responsible Official:
Area Manager, Midstream
SIC Code:
1311
ICIS Identification Number:
080000000806700784
EPA Facility Registry ID:
110071294197
Other Clean Air Act Permits
Federal Implementation Plan: # SU-000483
Process Description:
The Tiffany 3 Pad produces coalbed methane natural gas. The three wells on this pad include
Tiffany3-1, Tiffany 3-2, and Tiffany 3-3. All wells currently utilize artificial lift to optimize
production. The well streams are routed through fired separators to separate natural gas and
produced water. The gas is compressed and then sent through a tri-ethylene glycol dehydrator
unit to remove entrained water.
These wells do not produce any condensate or natural gas liquids, and the VOC content of the
produced gas is less than 0.1 percent by weight. Current production at this facility is about 9
million cubic feet per day with compressor inlet at about 90 pounds per square inch gauge and
compressor discharge at about 400 pounds per square inch gauge.
Emission sources at the Tiffany 3 Pad include one natural gas fired compressor engine, three
natural gas fired artificial lift engines, one microturbine, three natural gas fired separator heaters,
one tri-ethylene glycol dehydrator, one natural gas fired glycol reboiler, chemical storage tanks,
produced water storage tanks, one natural gas fired tank heater, and fugitive components. The
engines constructed at Tiffany 3 Pad are one 1,215 nameplate-rated horsepower Waukesha
L5790 GSI compressor engine and three 24.5 nameplate-rated horsepower Arrow C101 artificial
lift engines. The compressor engine is a rich burn engine equipped with an air to fuel ratio
controller and non-selective catalytic reduction.
The Southern Ute 28 1 2 wellsite is adjacent to the Tiffany 3 Pad. Although the natural gas and
produced water do not flow to the Tiffany 3 Pad equipment, it is included since it shares the
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same SIC code. The well utilizes artificial lift and separation. Emission sources at the wellsite
include one 13 nameplate-rated horsepower Arrow C66 natural gas fired artificial lift engine, one
natural gas fired separator heater, and one oily water sump tank.
Source Emission Points
Table 1 - Emission Units
Emission Unit
ID
Control
Equipment
Description
Waukesha L5790GSI Natural Gas-Fired (4SRB SI) Compressor Engine
1,215 Nameplate Rated HP
C100
Serial No.
401229
Install Date:
2022
NSCR Catalyst w/
AFRC
Arrow C101 Natural Gas-Fired (4SRB SI) Artificial Lift Engine
24.5 Nameplate Rated HP
AL1
Serial No.
KEC101020
Install Date:
2022
AL2
Serial No.
KEC101021
Install Date:
2022
AL3
Serial No.
KEC101022
Install Date:
2022
None
Arrow C66 Natural Gas-Fired (4SRB SI) Artificial Lift Engine
13 Nameplate Rated HP
AL4
Serial No.
ALC066009
Install Date:
None
04/2014
Table 2 - Insignificant Emission Units
Emission Unit
Amount
ID
IEU-1
IEU-2
IEU-3
IEU-4, 5, 6, 7
IEU-8
IEU-9
IEU-10, 11
IEU-12
IEU-13
IEU-14
IEU-15, 16, 17, 18
IEU-19
1
1
1
4
1
1
2
1
1
1
4
N/A
Description
Size
Units
Tri-Ethylene Glycol Dehydrator Still Column Vent & Flash Tank Vent
Tri-Ethylene Glycol Dehydrator Reboiler
Capstone C30 Microturbine
Separator Heaters
Tank Heater
Produced Water Tank
Oily Water Sump Tanks
Lube Oil Tank
Ethylene Glycol/Water (50/50) Tank
Tri-Ethylene Glycol Tank
Lube Oil Tanks
Fugitives
21
0.75
25
0.25
0.25
400
95
300
500
500
55
N/A
MMscfd
MMBtu/hr
kW
MMBtu/hr
MMBtu/hr
bbl
bbl
gal
gal
gal
gal
N/A
7
Section II – General Requirements
Title V Administrative Requirements
1.1. Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118]
1.1.1. An annual operating permit emission fee shall be paid to the Tribe by the
permittee.
[RAC 2-118(2)]
1.1.2. The permittee shall pay the annual permit fee each year no later than April 1 st for
the preceding calendar year.
[RAC 2-118(2)]
1.1.3. Fee payments shall be remitted in the form of a money order, bank draft, certified
check, corporate check, or electronic funds transfer payable to the Southern Ute
Indian Tribe and sent or delivered by the United States Postal Service c/o
Environmental Programs Department Part 70 Program, P.O. Box 737 MS #84,
Ignacio, Colorado 81137; or by common carrier (such as UPS or FedEx) c/o
Environmental Programs Department Part 70 Program, 398 Ouray Drive, Ignacio,
Colorado 81137.
[RAC 2-118(4)(a)]
1.1.4. The permittee shall send an updated fee calculation worksheet submitted annually
by the same deadline as required for fee payment to the address listed in the
Submissions section of this permit.
[RAC 2-118]
1.1.5. The permittee shall submit the initial fee calculation work sheet using the most
recent form provided by the Tribe.
[RAC 2-118(2)(c)]
1.1.6. Basis for calculating annual fee:
1.1.6.1.
Subtotal annual fees shall be calculated by multiplying the applicable
emission fee set pursuant to RAC §2-119(1) of this code times the total
tons of actual emissions for each fee pollutant. In lieu of actual emissions,
annual fees may be calculated based on the potential to emit for each fee
pollutant. Emissions of any regulated air pollutant that already are
included in the fee calculation under a category of regulated pollutant,
such as a federally listed hazardous air pollutant that is already accounted
for as a VOC or as PM10, shall be counted only once in determining the
source’s actual emissions.
[RAC 2-119(2)(a)]
8
1.1.6.1.1.
“Actual emissions” means the actual rate of emissions in tpy of
any fee pollutant (for fee calculation) emitted from a Title V
source over the preceding calendar year or any other period
determined by the Tribe to be more representative of normal
operation and consistent with the fee schedule adopted by the Tribe
and approved by the Administrator. Actual emissions shall be
calculated using each emissions units actual operating hours,
production rates, in-place control equipment, and types of
materials processed, stored, or combusted during the preceding
calendar year or other period used for this calculation.
[RAC 1-103(2)]
1.1.6.1.2.
Actual emissions shall be computed using compliance methods
required by the permit.
[RAC 2-118(1)(b)]
1.1.6.1.3.
If actual emissions cannot be determined using the compliance
methods in the permit, the permittee shall use other federally
recognized procedures.
[RAC 2-118(1)(b)]
1.1.6.2.
The total annual fee submitted shall be the greater of the applicable
minimum fee or the sum of subtotal annual fees for all fee pollutants
emitted from the source.
[RAC 2-119(2)(b)]
[Explanatory note: The applicable emission fee amount and applicable minimum fee (if necessary)
are revised each calendar year to account for inflation, and they are available from AQD prior to
the start of each calendar year.]
1.1.6.3.
The permittee shall exclude the following emissions from the calculation
of fees:
1.1.6.3.1.
The amount of actual emissions of any one fee pollutant that the
source emits in excess of 4,000 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.
[RAC 2-110(3)(g)]
10
1.2.1.5.
For the purpose of submitting compliance certifications in accordance
with the Compliance Certifications condition below of this permit, or
establishing whether or not a person has violated or is in violation of any
requirement of this permit, nothing shall preclude the use, including the
exclusive use, of any credible evidence or information, relevant to whether
a source would have been in compliance with applicable requirements if
the appropriate performance or compliance test or procedure had been
performed.
[Section 113(a) and 113(e)(1) of the Act, 40 CFR §§51.212, 52.12, 52.33, 60.11(g), and 61.12]
1.2.2. Compliance Certifications
1.2.2.1.
The permittee shall submit to the Tribe and the Administrator an annual
certification of compliance which shall certify the source’s compliance
status with all permit terms and conditions and all applicable requirements
relevant to the source, including those related to emission limitations,
standards, or work practices. The compliance certification shall be
certified as to truth, accuracy, and completeness by a responsible official
consistent with RAC §2-110(9)(a). The certification of compliance shall
be submitted annually by April 1st and shall cover the preceding calendar
year in which the certification of compliance is due, except that the first
annual certification of compliance will cover the period from the issuance
date of this permit through December 31st of the same year.
[RAC 2-110(9)(c)]
1.2.3. Compliance Schedule
1.2.3.1.
For applicable requirements with which the source is in compliance, the
source will continue to comply with such requirements.
[RAC 2-106(4)(l)(ii)]
1.2.3.2.
For applicable requirements that will become effective during the permit
term, the source shall meet such requirements on a timely basis.
[RAC 2-106(4)(l)(iii)]
1.3. Duty to Provide and Supplement Information [RAC 2-110(7)(e), 2-106(5), and 2124]
1.3.1. The permittee shall furnish to the Tribe, within the period specified by the Tribe,
any information that the Tribe request in writing to determine whether cause
exists for reopening and revising, revoking, and reissuing, or terminating the
permit, or to determine compliance with the permit. Upon request, the permittee
shall also furnish to the Tribe copies of records that are required to be kept by the
permit, including information claimed to be confidential. Information claimed to
11
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)]
1.10. Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2112]
14
1.10.1. The permit may be reopened and revised for any of the reasons listed in the
paragraphs below. Alternatively, the permit may be revoked and reissued for the
reasons listed in the paragraphs below:
1.10.1.1.
Additional requirements under the Clean Air Act become applicable to a
major source with a remaining permit term of 3 or more years, provided
that the Tribe shall revise such permits to incorporate such additional
requirements no later than 18 months after promulgation of such
requirements, and no such reopening is required if the effective date of the
requirement is later than the permit expiration date unless the original
permit or any of its terms or conditions have been extended past the permit
expiration date pursuant to RAC §2-104(2)(b)(iii);
1.10.1.2.
Additional requirements (including excess emissions requirements)
become applicable to an affected source under the acid rain program.
Upon approval by the Administrator, excess emissions offset plans shall
be deemed to be incorporated into the permit;
1.10.1.3.
The Tribe or the Administrator determines that the permit contains a
material mistake or that inaccurate statements were made in establishing
the terms or conditions of the permit; or
1.10.1.4.
The Tribe or the Administrator determines that the permit must be revised
or revoked and reissued to assure compliance with applicable
requirements.
1.10.2. The permit may be terminated for any of the reasons listed below:
1.10.2.1.
The permittee fails to meet the requirements of an approved compliance
plan;
1.10.2.2.
The permittee has been in significant or repetitious noncompliance with
the operating permit terms or conditions;
1.10.2.3.
The permittee has exhibited a history of willful disregard for
environmental laws of any tribal or state authority, or of the United States;
1.10.2.4.
The permittee has knowingly misrepresented a material fact in any
application, record, report, plan, or other document filed or required to be
maintained under the permit;
1.10.2.5.
The permittee falsifies, tampers with, or renders inaccurate any monitoring
device or method required to be maintained under the permit;
15
1.11.
1.10.2.6.
The permittee fails to pay fees required under RAC§§2-118 and 2-119; or
1.10.2.7.
The Administrator has found that cause exists to terminate the permit.
Property Rights [RAC 2-110(3)(e)]
This permit does not convey any property rights of any sort, or any exclusive privilege.
1.12.
Inspection and Entry [RAC 2-110(9)(b)]
Upon presentation of credentials and other documents as may be required by law, the
permittee shall allow authorized representatives of the Tribe or other authorized
representative to perform the following:
1.12.1. Enter upon the permittee’s premises where a source is located or emissionsrelated activity is conducted, or where records must be kept under the conditions
of the permit;
1.12.2. Have access to and copy, at reasonable times, any records that must be kept under
the conditions of the permit;
1.12.3. Inspect at reasonable times any facilities, equipment (including monitoring and air
pollution control equipment), practices, or operations regulated or required under
the permit; and
1.12.4. As authorized by the Clean Air Act, sample or monitor at reasonable times
substances or parameters for the purpose of assuring compliance with the permit
or applicable requirements.
1.13.
[Reserved]
1.14.
Permit Transfers [RAC 2-113]
1.14.1. This permit shall not be transferable, by operation of law or otherwise, from one
location to another or from one source to another, except that a permit may be
transferred from one location to another in the case of a portable source that has
notified the Tribe in advance of the transfer, pursuant to the RAC. A permit for a
source may be transferred from one person to another if the Tribe finds that the
transferee is capable of operating the source in compliance with the permit. This
transfer must be accomplished through an administrative permit revision in
accordance with the Administrative Permit Revisions section of this permit.
1.15.
Off-Permit Changes [RAC 2-116(2)]
16
1.15.1. The permittee is allowed to make, without a permit revision, certain changes that
are not addressed or prohibited by this permit provided that the following
requirements are met:
1.15.1.1.
Each such change meets all applicable requirements and shall not violate
any existing permit term or condition;
1.15.1.2.
Such changes are not subject to any requirements under title IV of the
Clean Air Act and are not modifications under title I of the Clean Air Act;
1.15.1.3.
Such changes are not subject to permit revision procedures under RAC §2111; and
1.15.1.4.
The permittee provides contemporaneous written notice to the Tribe and
the Administrator of each such change, except for changes that qualify as
insignificant activities. Such notice shall state when the change occurred
and shall describe the change, any resulting emissions change, pollutants
emitted, and any applicable requirement that would apply as a result of the
change.
[RAC 2-116(2)(a)]
1.15.2. The permit shield does not apply to changes made under this provision.
[RAC 2-110(10)(d)]
1.15.3. The permittee shall keep a record describing changes made at the source that
result in emissions of any regulated air pollutant subject to an applicable
requirement, but not otherwise regulated under the permit, and the emissions
resulting from those changes.
[RAC 2-116(2)(b)]
1.15.4. A copy of each off-permit change notification shall be made available to the Tribe
upon request.
[RAC 2-110(6)]
1.16.
Permit Expiration and Renewal
[RAC §§2-104(3), 2-106(2)(b), 2-107(7)(a), 2-107(7)(b), 2-110(1)(a), and 2-106(3)]
1.16.1. This permit shall expire five years from the issuance date of this permit.
[RAC 2-110(1)(a)]
1.16.2. Expiration of this permit terminates the permittee’s right to operate unless a
timely and complete permit renewal application has been submitted at least 6
months but not more than 18 months prior to the date of expiration of this permit.
[RAC 2-107(7)(b)]
17
1.16.3. If the permittee submits a timely and complete permit application for renewal,
consistent with RAC §2-106 but the Tribe has failed to issue or disapprove a
renewal permit before the end of the permit term, then the permit shall not expire
and all its terms and conditions shall remain in effect until the renewal permit has
been issued or disapproved.
[RAC 2-104(2)(b)]
1.16.4. The ability to operate under this permit shall cease if (1) the Tribe takes final
action to issue the permittee a renewal permit or deny the permittee a permit or
(2) the permittee fails to submit by the deadline specified in writing by the Tribe
any additional information identified as being needed to process the application.
[RAC 2-104(3)]
1.16.5. Renewal of this permit is subject to the same procedures, including those for
public participation and affected program and EPA review, as those that apply to
initial permit issuance.
[RAC 2-107(7)(a)]
1.16.6. The application for renewal shall include the current permit number, description
of permit revisions and off permit changes that occurred during the permit term,
any applicable requirements that were promulgated and not incorporated into the
permit during the permit term, and other information required by the application
form.
[RAC 2-106(4)(e)(ix)]
2. Facility-Wide Requirements
Conditions in this section of the permit apply to all emissions units located at the facility, including
any units not specifically listed in Table 1 or Table 2 of the Source Emission Points section of this
permit.
[RAC 2-110(1)(d)]
2.1. General Recordkeeping Requirements [RAC 2-110(6)]
The permittee shall comply with the following generally applicable recordkeeping
requirements:
2.1.1. If the permittee determines that his or her stationary source that emits (or has the
potential to emit, without federally recognized controls) one or more hazardous
air pollutants is not subject to a relevant standard or other requirement established
under 40 CFR part 63, the permittee shall keep a record of the applicability
determination, for a period of five years after the determination, or until the
source changes its operations to become an affected source, whichever comes
first. Each of these records shall be made available to the Tribe upon request. The
record of the applicability determination shall include an analysis (or other
18
information) that demonstrates why the permittee believes the source is
unaffected (e.g., because the source is an area source).
[40 CFR 63.10(b)(3)]
2.1.2. Records shall be kept of off permit changes made, as required by the Off Permit
Changes section of this permit.
2.2. General Reporting Requirements
2.2.1. The permittee shall submit to the Tribe all reports of any required monitoring
under this permit semiannually, by April 1 and October 1 of each year. The
report due on April 1 shall cover the July 1 - December 31 reporting period of the
previous calendar year. The report due on October 1 shall cover the January 1 June 30 reporting period of the current calendar year. All instances of deviations
from permit requirements shall be clearly identified in such reports. All required
reports shall be certified by a responsible official consistent with the Submissions
section of this permit.
[RAC 2-110(7)(a)]
2.2.2. “Deviation” means any situation in which an emissions unit fails to meet a permit
term or condition. A deviation is not always a violation. A deviation can be
determined by observation or through review of data obtained from any testing,
monitoring, or recordkeeping established in accordance with RAC 2-110(5) and
(6). For a situation lasting more than 24 hours which constitutes a deviation, each
24 hour period is considered a separate deviation. Included in the meaning of
deviation are any of the following:
2.2.2.1.
A situation where emissions exceed an emission limitation or standard;
2.2.2.2.
A situation where process or emissions control device parameter values
indicate that an emission limitation or standard has not been met; or
2.2.2.3.
A situation in which observations or data collected demonstrate
noncompliance with an emission limitation or standard or any work
practice or operating condition required by the permit.
2.2.2.4.
A situation in which an exceedance or an excursion, as defined in 40 CFR
Part 64 occurs.
[RAC 1-103(21)]
2.2.3. The permittee shall promptly report to the Tribe deviations from permit
requirements, (including emergencies), including the date, time, duration, and the
probable cause of such deviations, the quantity and pollutant type of excess
emissions resulting from the deviation, and any preventative, mitigation, or
19
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, RAC 3-102]
This facility is subject to the requirements of 40 CFR Part 60, Subpart JJJJ non-emergency
stationary spark ignition (SI) internal combustion engines (ICE) with a maximum engine
power less than 25 brake horsepower (HP) and with a maximum engine power greater
than 25 brake horsepower (HP) modified after June 12, 2006, and manufactured prior to
July 1, 2008. Notwithstanding conditions in this permit, the permittee shall comply with
all applicable requirements of 40 CFR Part 60, Subpart A and Subpart JJJJ.
1.1.1. Affected Sources
The following emission units are considered affected sources under 40 CFR Part
60, Subpart JJJJ:
C100 – Reconstructed Waukesha L5790GSI (4SRB SI) Compressor Engine,
1,215 Nameplate Rated HP
AL1 – Arrow C101 (4SRB SI) Artificial Lift Engine, 24.5 Nameplate Rated HP
AL2 – Arrow C101 (4SRB SI) Artificial Lift Engine, 24.5 Nameplate Rated HP
AL3 – Arrow C101 (4SRB SI) Artificial Lift Engine, 24.5 Nameplate Rated HP
23
AL4 – Arrow C66 (4SRB SI) Artificial Lift Engine, 13 Nameplate Rated HP
[40 CFR 60.4230]
1.1.2. Emission Standards for Owners and Operators
1.1.2.1.
Owners and operators of stationary SI ICE with a maximum engine power
less than or equal to 25 HP manufactured on or after July 1, 2008, must
comply with the emission standards in §60.4231(a) for their stationary SI
ICE
[40 CFR 60.4233(a)]
1.1.2.2.
Stationary SI internal combustion engine manufacturers must certify their
stationary SI ICE with a maximum engine power less than or equal to 25
HP manufactured on or after July 1, 2008, to the certification emission
standards and other requirements for new nonroad SI engines in 40 CFR
part 1054, as follows:
Engine Displacement
(4) At or above 225 cc
Manufacturing Dates
January 1, 2011, or later
The engine must meet the following nonhandheld emission standards identified in
40 CFR part 1054 and related
requirements:
Phase 3.
[40 CFR 60.4231(a)]
1.1.2.3.
Owners and operators of stationary SI natural gas engines that have been
modified or reconstructed after June 12, 2006, with a maximum engine
power greater than or equal to 130 HP must meet a nitrogen oxides (NO X)
emission standard of 3.0 grams per HP-hour (g/HP-hr), a CO emission
standard of 4.0 g/HP-hr (5.0 g/HP-hr for non-emergency engines less than
100 HP), and a volatile organic compounds (VOC) emission standard of
1.0 g/HP-hr, or a NOX emission standard of 250 ppmvd at 15 percent
oxygen (O2), a CO emission standard 540 ppmvd at 15 percent O2 (675
ppmvd at 15 percent O2 for non-emergency engines less than 100 HP), and
a VOC emission standard of 86 ppmvd at 15 percent O 2, where the date of
manufacture of the engine is:
[40 CFR 60.4233(f)(4)]
1.1.2.3.1.
Prior to July 1, 2007, for non-emergency engines with a maximum
engine power greater than or equal to 500 HP.
[40 CFR 60.4233(f)(4)(i)]
1.1.2.4. After July 1, 2010, owners and operators may not install stationary SI ICE
with a maximum engine power of less than 500 HP that do not meet the
applicable requirements in §60.4233.
[40 CFR 60.4236(a)]
24
1.1.3. Compliance Requirements for Owners and Operators
1.1.3.1.
If you are an owner or operator of a stationary SI internal combustion
engine that is manufactured after July 1, 2008, and must comply with the
emission standards specified in §60.4233(a), you must also comply by
purchasing an engine certified to the emission standards in §60.4231(a), as
applicable, for the same engine class and maximum engine power. In
addition, you must meet one of the requirements specified in
§60.4243(a)(2).
[40 CFR 60.4243(a)]
1.1.3.1.1.
If you operate and maintain the certified stationary SI internal
combustion engine and control device according to the
manufacturer's emission-related written instructions, you must
keep records of conducted maintenance to demonstrate
compliance, but no performance testing is required if you are an
owner or operator. You must also meet the requirements as
specified in 40 CFR part 1068, subparts A through D, as they apply
to you. If you adjust engine settings according to and consistent
with the manufacturer's instructions, your stationary SI internal
combustion engine will not be considered out of compliance.
[40 CFR 60.4243(a)(1)]
1.1.3.1.2.
If you do not operate and maintain the certified stationary SI
internal combustion engine and control device according to the
manufacturer's emission-related written instructions, your engine
will be considered a non-certified engine, and you must
demonstrate compliance according to §60.4243(a)(2)(i).
[40 CFR 60.4243(a)(2)]
1.1.3.1.2.1.
1.1.3.2.
If you are an owner or operator of a stationary SI internal
combustion engine less than 100 HP, you must keep a
maintenance plan and records of conducted maintenance to
demonstrate compliance and must, to the extent practicable,
maintain and operate the engine in a manner consistent
with good air pollution control practice for minimizing
emissions, but no performance testing is required if you are
an owner or operator.
[40 CFR 60.4243(a)(2)(i)]
If you are an owner or operator of a stationary SI internal combustion
engine that must comply with the emission standards specified in
§60.4233(f), you must demonstrate compliance according to §60.4243
(b)(2)(ii).
[40 CFR 60.4243(c)]
25
1.1.3.2.1.
If you are an owner or operator of a stationary SI internal
combustion engine greater than 500 HP, 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)]
1.1.3.3.
It is expected that air-to-fuel ratio controllers will be used with the
operation of three-way catalysts/non-selective catalytic reduction. The
AFR controller must be maintained and operated appropriately in order to
ensure proper operation of the engine and control device to minimize
emissions at all times.
[40 CFR 60.4243(g)]
1.1.3.4.
If you are an owner or operator of a modified or reconstructed stationary
SI internal combustion engine and must comply with the emission
standards specified in §60.4233(f), you must demonstrate compliance
according to one of the methods specified in §60.4243(i)(1) or (2).
[40 CFR 60.4243(i)]
1.1.3.4.1.
Purchasing, or otherwise owning or operating, an engine certified
to the emission standards in §60.4233(f), as applicable.
[40 CFR 60.4243(i)(1)]
1.1.3.4.2.
Conducting a performance test to demonstrate initial compliance
with the emission standards according to the requirements
specified in §60.4244. The test must be conducted within 60 days
after the engine commences operation after the modification or
reconstruction.
[40 CFR 60.4243(i)(2)]
1.1.4. Notifications, Reports, and Records for Owners and Operators
1.1.4.1.
Owners and operators of all stationary SI ICE must keep records of the
information specified in §60.4245(a)(1) through (4).
1.1.4.1.1.
All notifications submitted to comply with this subpart and all
documentation supporting any notification.
1.1.4.1.2.
Maintenance conducted on the engine.
26
1.1.4.1.3.
If the stationary SI internal combustion engine is a certified engine,
documentation from the manufacturer that the engine is certified to
meet the emission standards and information as required in 40 CFR
parts 1048, 1054, and 1060, as applicable.
1.1.4.1.4.
If the stationary SI internal combustion engine is not a certified
engine or is a certified engine operating in a non-certified manner
and subject to §60.4243(a)(2), documentation that the engine meets
the emission standards.
[40 CFR 60.4245(a)(1-4)]
1.1.4.1.5.
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.
[40 CFR 60.4245(d)]
1.1.4.1.6.
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)]
1.1.4.1.7.
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
27
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 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
[40 CFR 60.4245(g)]
1.1.4.1.7.1.
The preferred method to receive CBI is for it to be
transmitted electronically using email attachments, File
Transfer Protocol, or other online file sharing services.
Electronic submissions must be transmitted directly to the
OAQPS CBI Office at the email address
oaqpscbi@epa.gov, and as described in §60.4245(g),
should include clear CBI markings. ERT files should be
flagged to the attention of the Group Leader, Measurement
Policy Group; all other files should be flagged to the
attention of the Stationary Spark Ignition Internal
Combustion Engine Sector Lead. If assistance is needed
with submitting large electronic files that exceed the file
size limit for email attachments, and if you do not have
your own file sharing service, please email
oaqpscbi@epa.gov to request a file transfer link.
[40 CFR 60.4245(g)(1)]
1.1.4.1.7.2.
If you cannot transmit the file electronically, you may send
CBI information through the postal service to the following
address: OAQPS Document Control Officer (C404-02),
OAQPS, U.S. Environmental Protection Agency, 109 T.W.
Alexander Drive, P.O. Box 12055, Research Triangle Park,
North Carolina 27711. ERT files should be sent to the
attention of the Group Leader, Measurement Policy Group,
28
and all other files should be sent to the attention of the
Stationary Spark Ignition Internal Combustion Engine
Sector Lead. The mailed CBI material should be double
wrapped and clearly marked. Any CBI markings should not
show through the outer envelope.
[40 CFR 60.4245(g)(2)]
1.1.5. General Provisions
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
General applicability of the
§60.1
Yes
General Provisions
§60.2
Definitions
Yes
Additional terms defined in §60.4248.
§60.3
Units and abbreviations
Yes
§60.4
Address
Yes
Determination of construction
§60.5
Yes
or modification
§60.6
Review of plans
Yes
Except that §60.7 only applies as specified in
§60.7
Notification and Recordkeeping
Yes
§60.4245.
Except that §60.8 only applies to owners and
§60.8
Performance tests
Yes
operators who are subject to performance testing in
subpart JJJJ.
§60.9
Availability of information
Yes
§60.10
State Authority
Yes
Compliance with standards and
§60.11
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
General control device
§60.18
No
requirements
General notification and
§60.19
Yes
reporting requirements
[40 CFR 60.4246]
1.2. 40 CFR Part 60, Subpart OOOOa – Standards of Performance for Crude Oil and
Natural Gas Facilities for which Construction, Modification or Reconstruction
29
Commenced After September 18, 2015, and On or Before December 6, 2022 [40
CFR 60.5360a - 60.5439a and RAC 3-102]
This facility is subject to the requirements of 40 CFR Part 60, Subpart OOOOa for the
collection of fugitive emissions components at a well site. Notwithstanding conditions in
this permit, the permittee shall comply with all applicable requirements of 40 CFR Part
60, Subpart OOOOa.
1.2.1. Affected Sources
The following emission units are considered affected sources under 40 CFR Part
60, Subpart OOOOa:
The collection of fugitive emission components located at Tiffany 3 Pad.
[40 CFR 60.5365a(i)]
1.2.2. General Requirements
1.2.2.1.
At all times, including periods of startup, shutdown, and malfunction,
owners and operators shall maintain and operate any affected facility
including associated air pollution control equipment in a manner
consistent with good air pollution control practice for minimizing
emissions. Determination of whether acceptable operating and
maintenance procedures are being used will be based on information
available to the Administrator which may include, but is not limited to,
monitoring results, opacity observations, review of operating and
maintenance procedures, and inspection of the source. The provisions for
exemption from compliance during periods of startup, shutdown and
malfunctions provided for in 40 CFR 60.8(c) do not apply to this subpart.
[40 CFR 60.5370a(b)]
1.2.3. Super-Emitter Events
The provisions of this section will not apply between July 31, 2025, and January
22, 2027. The provisions of this section will apply after January 22, 2027. This
section applies to super-emitter events. For purposes of this section, a superemitter event is defined as any emissions event that is located at or near an oil and
gas facility (e.g., individual well site, natural gas processing plant or compressor
station) and that is detected using remote detection methods and has a quantified
emission rate of 100 kg/hr of methane or greater. Upon receiving a notification of
a super emitter event issued by the EPA under §60.5371b(c) in subpart OOOOb
of this part, owners or operators must take the actions listed in paragraphs
§60.5371a(a) and (b). Within 5 calendar days of receiving a notification from the
EPA of a super-emitter event, the owner or operator of an oil and natural gas
facility (e.g., a well site, centralized production facility, natural gas processing
plant, or compressor station) must initiate a super-emitter event investigation.
30
[40 CFR 60.5371a]
1.2.3.1.
Identification of super-emitter events.
[40 CFR 60.5371a(a)]
1.2.3.1.1.
If you do not own or operate an oil and natural gas facility within
50 meters from the latitude and longitude provided in the
notification subject to the regulation under this subpart, report this
result to the EPA under paragraph §60.5371a(e). Your superemitter event investigation is deemed complete under this subpart.
[40 CFR 60.5371a(a)(1)]
1.2.3.1.2.
If you own or operate an oil and natural gas facility within 50
meters from the latitude and longitude provided in the notification,
and there is an affected facility or associated equipment subject to
this subpart onsite, you must investigate to determine the source of
the super-emitter event in accordance with paragraph
§60.5371a(a)(2), maintain records of your investigation, and report
the results in accordance with paragraph §60.5371a(b).
[40 CFR 60.5371a(a)(2)]
1.2.3.1.3.
The investigation required by paragraph §60.5371a(a)(2) may
include but is not limited to the actions specified below in
paragraphs §60.5371a(a)(3)(i) through (iv).
[40 CFR 60.5371a(a)(3)]
1.2.3.1.3.1.
Review any maintenance activities or process activities
from the affected facilities subject to regulation under this
subpart, starting from the date of detection of the superemitter event as identified in the notification, until the date
of investigation, to determine if the activities indicate any
potential source(s) of the super-emitter event emissions.
[40 CFR 60.5371a(a)(3)(i)]
1.2.3.1.3.2.
Review all monitoring data from control devices (e.g.,
flares) from the affected facilities subject to regulation
under this subpart from the initial date of detection of the
super-emitter event as identified in the notification, until
the date of receiving the notification from the EPA to
identify malfunctions of control devices or periods when
the control devices were not in compliance with applicable
requirements and that indicate a potential source of the
super-emitter event emissions.
[40 CFR 60.5371a(a))3)(ii)]
31
1.2.3.2.
1.2.3.1.3.3.
If you conducted a fugitive emissions survey in accordance
with §60.5397a between the initial date of detection of the
super-emitter event as identified in the notification and the
date the notification from the EPA was received, review the
results of the survey to identify any potential source(s) of
the super-emitter event emissions.
[40 CFR 60.5371a(a)(3)(iii)]
1.2.3.1.3.4.
Screen the entire facility with OGI, Method 21 of appendix
A-7 to this part, or an alternative test method(s) approved
per §60.5398b(d) of subpart OOOOb of this part, to
determine if a super-emitter event is present.
[40 CFR 60.5371a(a)(3)(iv)]
Super-emitter event report. You must submit the results of the superemitter event investigation conducted under paragraph §60.5371a(a) to the
EPA in accordance with paragraph §60.5371a(b)(1). If the super-emitter
event (i.e., emission at 100 kg/hr of methane or more) is ongoing at the
time of this initial report, submit the additional information in accordance
with paragraph §60.5371a(b)(2). You must attest to the information
included in the report as specified in paragraph §60.5371a(b)(3).
[40 CFR 60.5371a(b)]
1.2.3.2.1.
Within 15 days of receiving a notification from the EPA under
§60.5371b(c), you must submit a report of the super-emitter event
investigation conducted under paragraph §60.5371a(a) through the
Super-Emitter Program Portal, at www.epa.gov/super-emitter. You
must include the applicable information in paragraphs
§60.5371a(b)(1)(i) through (viii) in the report. If you have
identified a demonstrable error in the notification, the report may
include a statement of the demonstrable error.
[40 CFR 60.5371a(b)(1)]
1.2.3.2.1.1.
Notification Report ID of the super-emitter event
notification (which is provided in the EPA notification).
[40 CFR 60.5371a(b)(1)(i)]
1.2.3.2.1.2.
Identification of whether you are the owner or operator of
an oil and natural gas facility within 50 meters from the
latitude and longitude provided in the EPA notification. If
you do not own or operate an oil and natural gas facility
within 50 meters from the latitude and longitude provided
in the EPA notification, you are not required to report the
information in paragraphs §60.5371a(b)(1)(iii) through
(viii).
32
[40 CFR 60.5371a(b)(1)(ii)]
1.2.3.2.1.3.
General identification information for the facility, including
facility name, the physical address, applicable ID Number
(e.g., EPA ID Number, API Well ID Number), the owner
or operator or responsible official (where applicable), and
their email address.
[40 CFR 60.5371a(b)(1)(iii)]
1.2.3.2.1.4.
Identification of whether there is an affected facility or
associated equipment subject to regulation under this
subpart at this oil and natural gas facility.
[40 CFR 60.5371a(b)(1)(iv)]
1.2.3.2.1.5.
Indication of whether you were able to identify the source
of the super-emitter event. If you indicate you were unable
to identify the source of the super-emitter event, you must
certify that all applicable investigations specified in
paragraphs §60.5371a(a)(2)(i) through (iv) have been
conducted for all affected facilities and associated
equipment subject to regulation under this subpart that are
at this oil and natural gas facility, and you have determined
that these affected facilities and associated equipment are
not the source of the super-emitter event. If you indicate
that you were not able to identify the source of the superemitter event, you are not required to report the information
in paragraphs §60.5371a(b)(1)(vi) through (viii).
[40 CFR 60.5371a(b)(1)(v)]
1.2.3.2.1.6.
The source(s) of the super-emitter event.
[40 CFR 60.5371a(b)(1)(vi)]
1.2.3.2.1.7.
Identification of whether the source of the super-emitter
event is an affected facility or associated equipment subject
to regulation under of this subpart. If the source of the
super-emitter event is an affected facility or associated
equipment subject to regulation under this subpart, identify
the applicable regulation(s) under this subpart.
[40 CFR 60.5371a(b)(1)(vii)]
1.2.3.2.1.8.
Indication of whether the super-emitter event is ongoing at
the time of the initial report submittal (i.e., emissions at 100
kg/hr of methane or more).
[40 CFR 60.5371a(b)(1)(viii)]
33
1.2.3.2.1.8.1.
If the super-emitter event is not ongoing at the time
of the initial report submittal, provide the actual (or
if not known, estimated) date and time the superemitter event ended.
[40 CFR 60.5371a(b)(1)(viii)(A)]
1.2.3.2.1.8.2.
If the super-emitter event is ongoing at the time of
the initial report submittal, provide a short narrative
of your plan to end the super-emitter event,
including the targeted end date for the efforts to be
completed and the super-emitter event ended.
[40 CFR 60.5371a(b)(1)(viii)(B)]
1.2.3.2.2.
If the super-emitter event is ongoing at the time of the initial report
submittal, within 5 business days of the date the super-emitter
event ends you must update your initial report through the SuperEmitter Program Portal, to provide the end date and time of the
super-emitter event.
[40 CFR 60.5371a(b)(2)]
1.2.3.2.3.
You must sign the following attestation when submitting data into
the Super-Emitter Program Portal: “I certify that the information
provided in this report regarding the specified super-emitter event
was prepared under my direction or supervision. I further certify
that the investigations were conducted, and this report was
prepared pursuant to the requirements of §60.5371a(a) and (b).
Based on my professional knowledge and experience, and inquiry
of personnel involved in the assessment, the certification submitted
herein is true, accurate, and complete. I am aware that knowingly
false statements may be punishable by fine or imprisonment.
[40 CFR 60.5371a(b)(3)]
1.2.4. Fugitive Emission VOC Standards for Collection of Fugitive Emissions
Components
For each affected facility under §60.5365a(i), you must reduce GHG (in the form
of a limitation on emissions of methane) and VOC emissions by complying with
the applicable requirements of §60.5397a(a) through (j). These requirements are
independent of the closed vent system and cover requirements in §60.5411a.
[40 CFR 60.5397a]
1.2.4.1.
You must monitor all fugitive emission components, as defined in
§60.5430a, in accordance with paragraphs §60.5397a(b) through (g). You
must repair all sources of fugitive emissions in accordance with
§60.5397a(h). You must keep records in accordance with §60.5397a(i) and
34
report in accordance with §60.5397a(j). For the purposes of this section,
fugitive emissions are defined as: Any visible emission from a fugitive
emissions component observed using optical gas imaging or an instrument
reading of 500 ppm or greater using Method 21 of appendix A-7 to this
part.
[40 CFR 60.5397a(a)]
1.2.4.2.
You must develop an emissions monitoring plan that covers the collection
of fugitive emissions components at well sites within each companydefined area in accordance with paragraphs §60.5397a(c) and (d).
[40 CFR 60.5397a(b)]
1.2.4.3.
Fugitive emissions monitoring plans must include the elements specified
in §60.5397a(c)(1) through (8), at a minimum.
[40 CFR 60.5397a(c)]
1.2.4.3.1.
Frequency for conducting surveys. Surveys must be conducted at
least as frequently as required by paragraphs §60.5397a(f) and (g).
[40 CFR 60.5397a(c)(1)]
1.2.4.3.2.
Technique for determining fugitive emissions (i.e., Method 21
appendix A-7, or optical gas imaging meeting the requirements in
Paragraphs §60.5397a(c)(7)(i) through (vii).
[40 CFR 60.5397a(c)(2)]
1.2.4.3.3.
Manufacturer and model number of fugitive emissions detection
equipment to be used.
[40 CFR 60.5397a(c)(3)]
1.2.4.3.4.
Procedures and timeframes for identifying and repairing fugitive
emissions components from which fugitive emissions are detected,
including timeframes for fugitive emission components that are
unsafe to repair. Your repair schedule must meet the requirements
of paragraph §60.5397a(h) at a minimum.
[40 CFR 60.5397a(c)(4)]
1.2.4.3.5.
Procedures and timeframes for verifying fugitive emission
component repairs.
[40 CFR 60.5397a(c)(5)]
1.2.4.3.6.
Records that will be kept and the length of time records will be
kept.
[40 CFR 60.5397a(c)(6)]
35
1.2.4.3.7.
If you are using optical gas imaging, your plan must also include
the elements specified in paragraphs §60.5397a(c)(7)(i) through
(vii).
[40 CFR 60.5397a(c)(7)]
1.2.4.3.7.1.
Verification that your optical gas imaging equipment meets
the specifications of paragraphs §60.5397a(c)(7)(i)(A) and
(B). This verification is an initial verification, and may
either be performed by the facility, by the manufacturer, or
by a third party. For the purposes of complying with the
fugitive emissions monitoring program with optical gas
imaging, a fugitive emission is defined as any visible
emissions observed using optical gas imaging.
[40 CFR 60.5397a(c)(7)(i)]
1.2.4.3.7.1.1.
Your optical gas imaging equipment must be
capable of imaging gases in the spectral range for
the compound of highest concentration in the
potential fugitive emissions.
[40 CFR 60.5397a(c)(7)(i)(A)]
1.2.4.3.7.1.2.
Your optical gas imaging equipment must be
capable of imaging a gas that is half methane, half
propane at a concentration of 10,000 ppm at a flow
rate of ≤60g/hr from a quarter inch diameter orifice.
[40 CFR 60.5397a(c)(7)(i)(B)]
1.2.4.3.7.2.
Procedure for a daily verification check.
[40 CFR 60.5397a(c)(7)(ii)]
1.2.4.3.7.3.
Procedure for determining the operator’s maximum
viewing distance from the equipment and how the operator
will ensure that this distance is maintained.
[40 CFR 60.5397a(c)(7)(iii)]
1.2.4.3.7.4.
Procedure for determining maximum wind speed during
which monitoring can be performed and how the operator
will ensure monitoring occurs only at wind speeds below
this threshold.
[40 CFR 60.5397a(c)(7)(iv)]
1.2.4.3.7.5.
Procedures for conducting surveys, including the items
specified in paragraphs §60.5397a(c)(7)(v)(A) through (C).
[40 CFR 60.5397a(c)(7)(v)]
36
1.2.4.3.7.5.1.
How the operator will ensure an adequate thermal
background is present in order to view potential
fugitive emissions.
[40 CFR 60.5397a(c)(7)(v)(A)]
1.2.4.3.7.5.2.
How the operator will deal with adverse monitoring
conditions, such as wind.
[40 CFR 60.5397a(c)(7)(v)(B)]
1.2.4.3.7.5.3.
How the operator will deal with interferences (e.g.,
steam).
[40 CFR 60.5397a(c)(7)(v)(C)]
1.2.4.3.7.6.
Training and experience needed prior to performing
surveys.
[40 CFR 60.5397a(c)(7)(vi)]
1.2.4.3.7.7.
Procedures for calibration and maintenance. At a minimum,
procedures must comply with those recommended by the
manufacturer.
[40 CFR 60.5397a(c)(7)(vii)]
1.2.4.3.8.
1.2.4.3.8.1.
If you are using Method 21 of appendix A-7 of this part, your plan
must also include the elements specified in paragraphs
§60.5397a(c)(8)(i) through (iii). For the purposes of complying
with the fugitive emissions monitoring program using Method 21of
appendix A-7 of this part a fugitive emission is defined as an
instrument reading of 500 ppm or greater.
[40 CFR 60.5397a(c)(8)]
Verification that your monitoring equipment meets the
requirements specified in Section 6.0 of Method 21 at 40
CFR part 60, appendix A-7. For purposes of instrument
capability, the fugitive emissions definition shall be 500
ppm or greater methane using a FID-based instrument. If
you wish to use an analyzer other than a FID-based
instrument, you must develop a site-specific fugitive
emission definition that would be equivalent to 500 ppm
methane using a FID-based instrument (e.g., 10.6 eV PID
with a specified isobutylene concentration as the fugitive
emission definition would provide equivalent response to
your compound of interest).
[40 CFR 60.5397a(c)(8)(i)]
37
1.2.4.3.8.2.
Procedures for conducting surveys. At a minimum, the
procedures shall ensure that the surveys comply with the
relevant sections of Method 21 at 40 CFR part 60, appendix
A-7, including Section 8.3.1.
[40 CFR 60.5397a(c)(8)(ii)]
1.2.4.3.8.3.
Procedures for calibration. The instrument must be
calibrated before use each day of its use by the procedures
specified in Method 21 of appendix A-7 of this part. At a
minimum, you must also conduct precision tests at the
interval specified in Method 21 of appendix A-7 of this
part, Section 8.1.2, and a calibration drift assessment at the
end of each monitoring day. The calibration drift
assessment must be conducted as specified in paragraph
§60.5397(c)(8)(iii)(A). Corrective action for drift
assessments is specified in paragraphs
§60.5397(c)(8)(iii)(B) and (C).
[40 CFR 60.5397a(c)(8)(iii)]
1.2.4.3.8.3.1.
Check the instrument using the same calibration gas
that was used to calibrate the instrument before use.
Follow the procedures specified in Method 21 of
appendix A-7 of this part, Section 10.1, except do
not adjust the meter readout to correspond to the
calibration gas value. If multiple scales are used,
record the instrument reading for each scale used.
Divide the arithmetic difference of the initial and
post-test calibration response by the corresponding
calibration gas value for each scale and multiply by
100 to express the calibration drift as a percentage.
[40 CFR 60.5397a(c)(8)(iii)(A)]
1.2.4.3.8.3.2.
If a calibration drift assessment shows a negative
drift of more than 10 percent, then all equipment
with instrument readings between the fugitive
emission definition multiplied by (100 minus the
percent of negative drift/divided by 100) and the
fugitive emission definition that was monitored
since the last calibration must be re-monitored.
[40 CFR 60.5397a(c)(8)(iii)(B)]
1.2.4.3.8.3.3.
If any calibration drift assessment shows a positive
drift of more than 10 percent from the initial
calibration value, then, at the owner/operator's
discretion, all equipment with instrument readings
38
above the fugitive emission definition and below
the fugitive emission definition multiplied by (100
plus the percent of positive drift/divided by 100)
monitored since the last calibration may be remonitored.
[40 CFR 60.5397a(c)(8)(iii)(C)]
1.2.4.4.
Each fugitive emissions monitoring plan must include the elements
specified in paragraphs §60.5397a(d)(1) through (3), at a minimum, as
applicable.
[40 CFR 60.5397a(d)]
1.2.4.4.1.
If you are using optical gas imaging, your plan must include
procedures to ensure that all fugitive emissions components are
monitored during each survey. Example procedures include, but
are not limited to, a sitemap with an observation path, a written
narrative of where the fugitive emissions components are located
and how they will be monitored, or an inventory of fugitive
emissions components.
[40 CFR 60.5397a(d)(1)]
1.2.4.4.2.
If you are using Method 21 of appendix A-7 of this part, your plan
must also include a list of fugitive emissions components to be
monitored and method for determining the location of fugitive
emissions components to be monitored in the field (e.g. tagging,
identification on a process and instrumentation diagram, etc.).
[40 CFR 60.5397a(d)(2)]
1.2.4.4.3.
Your fugitive emissions monitoring plan must also include the
written plan developed for all of the fugitive emission components
designated as difficult-to-monitor in accordance with paragraph
§60.5397a(g)(3), and the written plan for fugitive emission
components designated as unsafe-to-monitor in accordance with
paragraph §60.5397a(g)(4).
[40 CFR 60.5397a(d)(3)]
1.2.4.5.
Each monitoring survey shall observe each fugitive emissions component,
as defined in §60.5430a, for fugitive emissions.
[40 CFR 60.5397a(e)]
1.2.4.6.
You must conduct an initial monitoring survey within 90 days of the
startup of production, as defined in §60.5430a, for each collection of
fugitive emissions components at a new well site. For a modified
collection of fugitive emissions components at a well site, the initial
monitoring survey must be conducted within 90 days of the startup of
39
production for each collection of fugitive emissions components after the
modification.
[40 CFR 60.5397a(f)(1)]
1.2.4.7.
A monitoring survey of each collection of fugitive emissions components
at a well site must be performed at the frequencies specified in
§60.5397a(g)(1), with the exceptions noted in §60.5397a(g)(3) through
(5).
[40 CFR 60.5397a(g)]
1.2.4.7.1.
A monitoring survey of the collection of fugitive emissions
components at a well site must be conducted at least semiannually
after the initial survey. Consecutive semiannual monitoring
surveys must be conducted at least 4 months apart and no more
than 7 months apart.
[40 CFR 60.5397a(g)(1)]
1.2.4.7.2.
Fugitive emissions components that cannot be monitored without
elevating the monitoring personnel more than 2 meters above the
surface may be designated as difficult-to-monitor. Fugitive
emissions components that are designated difficult-to-monitor
must meet the specifications of paragraphs §60.5397a(g)(3)(i)
through (iv).
[40 CFR 60.5397a(g)(3)]
1.2.4.7.2.1.
A written plan must be developed for all of the fugitive
emissions components designated difficult-to-monitor. This
written plan must be incorporated into the fugitive
emissions monitoring plan required by paragraphs
§60.5397a(b), (c), and (d).
[40 CFR 60.5397a(g)(3)(i)]
1.2.4.7.2.2.
The plan must include the identification and location of
each fugitive emissions component designated as difficultto-monitor.
[40 CFR 60.5397a(g)(3)(ii)]
1.2.4.7.2.3.
The plan must include an explanation of why each fugitive
emissions component designated as difficult-to-monitor is
difficult-to-monitor.
[40 CFR 60.5397a(g)(3)(iii)]
1.2.4.7.2.4.
The plan must include a schedule for monitoring the
difficult-to-monitor fugitive emissions components at least
once per calendar year.
40
[40 CFR 60.5397a(g)(3)(iv)]
1.2.4.7.3.
1.2.4.7.3.1.
A written plan must be developed for all of the fugitive
emissions components designated unsafe-to-monitor. This
written plan must be incorporated into the fugitive
emissions monitoring plan required by paragraphs
§60.5397a(b), (c), and (d).
[40 CFR 60.5397a(g)(4)(i)]
1.2.4.7.3.2.
The plan must include the identification and location of
each fugitive emissions component designated as unsafe-tomonitor.
[40 CFR 60.5397a(g)(4)(ii)]
1.2.4.7.3.3.
The plan must include an explanation of why each fugitive
emissions component designated as unsafe-to-monitor is
unsafe-to-monitor.
[40 CFR 60.5397a(g)(4)(iii)]
1.2.4.7.3.4.
The plan must include a schedule for monitoring the
fugitive emissions components designated as unsafe-tomonitor.
[40 CFR 60.5397a(g)(4)(iv)]
1.2.4.7.4.
1.2.4.8.
Fugitive emissions components that cannot be monitored because
monitoring personnel would be exposed to immediate danger while
conducting a monitoring survey may be designated as unsafe-tomonitor. Fugitive emissions components that are designated
unsafe-to-monitor must meet the specifications of paragraphs
§60.5397a(g)(4)(i) through (iv).
[40 CFR 60.5397a(g)(4)]
You are no longer required to comply with the requirements of
§60.5397a(g)(1) when the owner or operator removes all major
production and processing equipment, as defined in §60.5430a,
such that the well site becomes a wellhead only well site. If any
major production and processing equipment is subsequently added
to the well site, then the owner or operator must comply with the
requirements in §60.5397a(f)(1) and (g)(1).
[40 CFR 60.5397a(g)(5)]
Each identified source of fugitive emissions shall be repaired, as defined
in §60.5430a, in accordance with §60.5397a(h)(1) and (2.
[40 CFR 60.5397a(h)]
41
1.2.4.8.1.
A first attempt at repair shall be made no later than 30 calendar
days after detection of the fugitive emissions.
[40 CFR 60.5397a(h)(1)]
1.2.4.8.2.
Repair shall be completed as soon as practicable, but no later than
30 calendar days after the first attempt at repair as required in
paragraph §60.5397a(h)(1).
[40 CFR 60.5397a(h)(2)]
1.2.4.8.3.
Delay of repair will be allowed if the conditions in
§60.5397a(h)(3)(i) or (ii) are met.
[40 CFR 60.5397a(h)(3)]
1.2.4.8.3.1.
If the repair is technically infeasible, would require a vent
blowdown, a well shutdown or well shut-in, or would be
unsafe to repair during operation of the unit, the repair must
be completed during the next scheduled well shutdown,
scheduled well shut-in, after a scheduled vent blowdown,
or within 2 years of detecting the fugitive emissions,
whichever is earliest. For purposes of §60.5397a(h)(3), a
vent blowdown is the opening of one or more blowdown
valves to depressurize major production and processing
equipment, other than a storage vessel.
[40 CFR 60.5397a(h)(3)(i)]
1.2.4.8.3.2.
If the repair requires replacement of a fugitive emissions
component or a part thereof, but the replacement cannot be
acquired and installed within the repair timelines specified
in §60.5397a(h)(1) and (2) due to either of the conditions
specified in paragraphs §60.5397a(h)(3)(ii)(A) or (B), the
repair must be completed in accordance with paragraph
§60.5397a(h)(3)(ii)(C) and documented in accordance with
§60.5420a(c)(15)(vii)(I).
[40 CFR 60.5397a(h)(3)(ii)]
1.2.4.8.3.2.1.
Valve assembly supplies had been sufficiently
stocked but are depleted at the time of the required
repair.
[40 CFR 60.5397a(h)(3)(ii)(A)]
1.2.4.8.3.2.2.
A replacement fugitive emissions component or a
part thereof requires custom fabrication.
[40 CFR 60.5397a(h)(3)(ii)(B)]
42
1.2.4.8.3.2.3.
1.2.4.8.4.
The required replacement must be ordered no later
than 10 calendar days after the first attempt at
repair. The repair must be completed as soon as
practicable, but no later than 30 calendar days after
receipt of the replacement component, unless the
repair requires a well shutdown. If the repair
requires a well shutdown, the repair must be
completed in accordance with the timeframe
specified in §60.5397a(h)(3)(i).
[40 CFR 60.5397a(h)(3)(ii)(C)]
Each identified source of fugitive emissions must be resurveyed to
complete repair according to the requirements in
§60.5397a(h)(4)(i) through (iv), to ensure that there are no fugitive
emissions.
[40 CFR 60.5397a(h)(4)]
1.2.4.8.4.1.
The operator may resurvey the fugitive emissions
components to verify repair using either Method 21 of
appendix A–7 of this part or optical gas imaging.
[40 CFR 60.5397a(h)(4)(i)]
1.2.4.8.4.2.
For each repair that cannot be made during the monitoring
survey when the fugitive emissions are initially found, a
digital photograph must be taken of that component or the
component must be tagged during the monitoring survey
when the fugitives were initially found for identification
purposes and subsequent repair. The digital photograph
must include the date that the photograph was taken and
must clearly identify the component by location within the
site (e.g., the latitude and longitude of the component or by
other descriptive landmarks visible in the picture).
[40 CFR 60.5397a(h)(4)(ii)]
1.2.4.8.4.3.
Operators that use Method 21 of appendix A–7 of this part
to resurvey the repaired fugitive emissions components are
subject to the resurvey provisions specified in paragraphs
§60.5397a(h)(4)(iii)(A) and (B).
[40 CFR 60.5397a(h)(4)(iii)]
1.2.4.8.4.3.1.
A fugitive emissions component is repaired when
the Method 21 instrument indicates a concentration
of less than 500 ppm above background or when no
soap bubbles are observed when the alternative
43
screening procedures specified in section 8.3.3 of
Method 21of appendix A–7 of this part are used.
[40 CFR 60.5397a(h)(4)(iii)(A)]
1.2.4.8.4.3.2.
1.2.4.8.4.4.
Operators must use the Method 21 monitoring
requirements specified in paragraph
§60.5397a(c)(8)(ii) or the alternative screening
procedures specified in section 8.3.3 of Method 21
of appendix A–7 of this part.
[40 CFR 60.5397a(h)(4)(iii)(B)]
Operators that use optical gas imaging to resurvey the
repaired fugitive emissions components, are subject to the
resurvey provisions specified in paragraphs
§60.5397a(h)(4)(iv)(A) and (B).
[40 CFR 60.5397a(h)(4)(iv)]
1.2.4.8.4.4.1.
A fugitive emissions component is repaired when
the optical gas imaging instrument shows no
indication of visible emissions.
[40 CFR 60.5397a(h)(4)(iv)(A)]
1.2.4.8.4.4.2.
Operators must use the optical gas imaging
monitoring requirements specified in paragraph
§60.5397a(c)(7).
[40 CFR 60.5397a(h)(4)(iv)(B)]
1.2.4.9.
Records for each monitoring survey shall be maintained as specified in
§60.5420a(c)(15).
[40 CFR 60.5397a(i)]
1.2.4.10.
Annual reports shall be submitted for each collection of fugitive emissions
components at a well site that include the information specified in
§60.5420a(b)(7). Multiple collection of fugitive emissions components at
a well site may be included in a single annual report.
[40 CFR 60.5397a(j)]
1.2.5. Initial Compliance with the Standards for the Collection of Fugitive
Emissions Components at a Well Site
You must determine initial compliance with the standards in §60.5410a(j). Except
as otherwise provided in this section, the initial compliance period begins upon
initial startup, and ends no later than 1 year after the initial startup date. The initial
compliance period may be less than 1 full year.
44
1.2.5.1.
To achieve initial compliance with the fugitive emission standards for
each collection of fugitive emissions components at a well site you must
comply with §60.5410a(j)(1) through (5).
[40 CFR 60.5410a(j)]
1.2.5.1.1.
You must develop a fugitive emissions monitoring plan as required
in §60.5397a(b), (c), and (d).
[40 CFR 60.5410a(j)(1)]
1.2.5.1.2.
You must conduct an initial monitoring survey as required in
§60.5397a(f).
[40 CFR 60.5410a(j)(2)]
1.2.5.1.3.
You must maintain the records specified in §60.5420a(c)(15).
[40 CFR 60.5410a(j)(3)]
1.2.5.1.4.
You must repair each identified source of fugitive emissions for
each affected facility as required in §60.5397a(h).
[40 CFR 60.5410a(j)(4)]
1.2.5.1.5.
You must submit the initial annual report for each collection of
fugitive emissions components at a well site as required in
§60.5420a(b)(1) and (7).
[40 CFR 60.5410a(j)(5)]
1.2.6. Continuous Compliance with the Standards for the Collection of Fugitive
Emissions Components at a Well Site
1.2.6.1.
For each collection of fugitive emissions components at a well site, you
must demonstrate continuous compliance with the fugitive emission
standards specified in §60.5397a(a) according to §60.5415a(h)(1) through
(4).
[40 CFR 60.5415a(h)]
1.2.6.1.1.
You must conduct periodic monitoring surveys as required in
§60.5397a(g).
[40 CFR 60.5415a(h)(1)]
1.2.6.1.2.
You must repair each identified source of fugitive emissions as
required in §60.5397a(h).
[40 CFR 60.5415a(h)(2)]
1.2.6.1.3.
You must maintain records as specified in §60.5420a(c)(15).
[40 CFR 60.5415a(h)(3)]
45
1.2.6.1.4.
You must submit annual reports for collection of fugitive
emissions components at a well site as required in §60.5420a(b)(1)
and (7).
[40 CFR 60.5415a(h)(4)]
1.2.7. Notification, Reporting, and Recordkeeping Requirements
1.2.7.1.
Reporting requirements. You must submit annual reports containing the
information specified in paragraphs §60.5420a(b)(1), (7), and (12). You
must submit annual reports following the procedure specified in
§60.5420a(b)(11). The initial annual report is due no later than 90 days
after the end of the initial compliance period as determined according to
§60.5410a. Subsequent annual reports are due no later than April 1 of each
year. The report due on April 1 shall cover the reporting period of January
1 – December 31 of the previous calendar year. If you own or operate
more than one affected facility, you may submit one report for multiple
affected facilities provided the report contains all of the information
required in §60.5420a(b)(1), (7), and (12). Annual reports may coincide
with title V reports as long as all the required elements of the annual report
are included.
[40 CFR 60.5420a(b) and RAC 2-110(7)]
1.2.7.1.1.
The general information specified in §60.5420a(b)(1)(i) through
(iv) is required for all reports.
[40 CFR 60.5420a(b)(1)]
1.2.7.1.1.1.
The company name, facility site name associated with the
affected facility, U.S. Well ID or U.S. Well ID associated
with the affected facility, if applicable, and address of the
affected facility. If an address is not available for the site,
include a description of the site location and provide the
latitude and longitude coordinates of the site in decimal
degrees to an accuracy and precision of five (5) decimals of
a degree using the North American Datum of 1983.
[40 CFR 60.5420a(b)(1)(i)]
1.2.7.1.1.2.
An identification of each affected facility being included in
the annual report.
[40 CFR 60.5420a(b)(1)(ii)]
1.2.7.1.1.3.
Beginning and ending dates of the reporting period.
[40 CFR 60.5420a(b)(1)(iii)]
1.2.7.1.1.4.
A certification by a certifying official of truth, accuracy,
and completeness. This certification shall state that, based
46
on information and belief formed after reasonable inquiry,
the statements and information in the document are true,
accurate, and complete.
[40 CFR 60.5420a(b)(1)(iv)]
1.2.7.1.2.
For the collection of fugitive emissions components at each well
site, report the information specified in §60.5420a(b)(7)(i) through
(iii), as applicable.
[40 CFR 60.5420a(b)(7)]
1.2.7.1.2.1.
Designation of the type of site (i.e., well site) at which the
collection of fugitive emissions components is located.
[40 CFR 60.5420a(b)(7)(i)(A)]
1.2.7.1.2.2.
For each collection of fugitive emissions components at a
well site that became an affected facility during the
reporting period, you must include the date of startup or the
date of modification.
[40 CFR 60.5420a(b)(7)(i)(B)]
1.2.7.1.2.3.
For each collection of fugitive emissions components at a
well site where during the reporting period you complete
the removal of all major production and processing
equipment such that the well site contains only one or more
wellheads, you must include the date of the change to status
as a wellhead only well site.
[40 CFR 60.5420a(b)(7)(i)(D)]
1.2.7.1.2.4.
For each collection of fugitive emissions components at a
well site where the removal of all major production and
processing equipment and during the reporting period
major production and processing equipment is added back
to the well site, the date that the first piece of major
production and processing equipment is added back to the
well site.
[40 CFR 60.5420a(b)(7)(i)(E)]
1.2.7.1.2.5.
For each fugitive emissions monitoring survey performed
during the annual reporting period, the information
specified in §60.5420a(b)(7)(ii)(A) through (G).
[40 CFR 60.5420a(b)(7)(ii)]
1.2.7.1.2.5.1.
Date of the survey.
[40 CFR 60.5420a(b)(7)(ii)(A)]
47
1.2.7.1.2.5.2.
Monitoring instrument used.
[40 CFR 60.5420a(b)(7)(ii)(B)]
1.2.7.1.2.5.3.
Any deviations from the monitoring plan elements
under §60.5397a(c)(1), (2), and (7) and (c)(8)(i) or a
statement that there were no deviations from these
elements of the monitoring plan.
[40 CFR 60.5420a(b)(7)(ii)(C)]
1.2.7.1.2.5.4.
Number and type of components for which fugitive
emissions were detected.
[40 CFR 60.5420a(b)(7)(ii)(D)]
1.2.7.1.2.5.5.
Number and type of fugitive emissions components
that were not repaired as required in §60.5397a(h).
[40 CFR 60.5420a(b)(7)(ii)(E)]
1.2.7.1.2.5.6.
Number and type of fugitive emission components
(including designation as difficult-to-monitor or
unsafe-to-monitor, if applicable) on delay of repair
and explanation for each delay of repair.
[40 CFR 60.5420a(b)(7)(ii)(F)]
1.2.7.1.2.5.7.
Date of planned shutdown(s) that occurred during
the reporting period if there are any components
that have been placed on delay of repair.
[40 CFR 60.5420a(b)(7)(ii)(G)]
1.2.7.1.2.6.
For each collection of fugitive emissions components at a
well site complying with an alternative fugitive emissions
standard under §60.5399a, in lieu of the information
specified in §60.5420a(b)(7)(i) and (ii), you must provide
the information specified in §60.5420a (b)(7)(iii)(A) and
(B).
[40 CFR 60.5420a(b)(7)(iii)]
1.2.7.1.2.6.1.
The alternative standard with which you are
complying.
[40 CFR 60.5420a(b)(7)(iii)(A)]
1.2.7.1.2.6.2.
The site-specific reports specified by the specific
alternative fugitive emissions standard, submitted in
the format in which they were submitted to the
state, local, or tribal authority. If the report is in
hard copy, you must scan the document and submit
48
it as an electronic attachment to the annual report
required in §60.5420a(b).
[40 CFR 60.5420a(b)(7)(iii)(B)]
1.2.7.1.3.
You must submit reports to the EPA via CEDRI, except as outlined
in §60.5420a(b)(11). CEDRI can be accessed through the EPA's
CDX (https://cdx.epa.gov/). You must use the appropriate
electronic report template on the CEDRI website for this subpart
(https://www.epa.gov/electronic-reporting-air-emissions/cedri/). If
the reporting form specific to this subpart is not available on the
CEDRI website at the time that the report is due, you must submit
the report to the Administrator at the appropriate address listed in
§60.4. Once the form has been available in CEDRI for at least 90
calendar days, you must begin submitting all subsequent reports
via CEDRI. The date reporting forms 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 reports must be submitted
by the deadlines specified in this subpart, regardless of the method
in which the reports are submitted. 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, submit a complete file using the
appropriate electronic report template on the CEDRI website,
including information claimed to be CBI, to the EPA following the
procedures in §60.5420a(b)(11)(i) and (ii). 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 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. Submit the
same file submitted to the CBI office with the CBI omitted must be
submitted to the EPA via the EPA's CDX as described earlier in
§60.5420a(b)(11).
[40 CFR 60.5420a(b)(11)]
49
1.2.7.1.3.1.
The preferred method to receive CBI is for it to be
transmitted electronically using email attachments, File
Transfer Protocol, or other online file sharing services.
Electronic submissions must be transmitted directly to the
OAQPS CBI Office at the email address
oaqpscbi@epa.gov, and as described above, should include
clear CBI markings. Files should be flagged to the attention
of the Oil and Natural Gas Sector Lead. If assistance is
needed with submitting large electronic files that exceed
the file size limit for email attachments, and if you do not
have your own file sharing service, please email
oaqpscbi@epa.gov to request a file transfer link.
[40 CFR 60.5420a(b)(11)(i)]
1.2.7.1.3.2.
If you cannot transmit the file electronically, you may send
CBI information through the postal service to the following
address: U.S. EPA, Attn: OAQPS Document Control
Officer and Oil and Natural Gas Sector Lead, Mail Drop:
C404-02, 109 T.W. Alexander Drive, P.O. Box 12055,
RTP, NC 27711. The mailed CBI material should be
double wrapped and clearly marked. Any CBI markings
should not show through the outer envelope.
[40 CFR 60.5420a(b)(11)(ii)]
1.2.7.1.4.
If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of EPA system
outage for failure to timely comply with the reporting requirement.
To assert a claim of EPA system outage, you must meet the
requirements outlined in paragraphs §60.5420a(b)(13)(i) through
(vii).
[40 CFR 60.5420a(b)(13)]
1.2.7.1.4.1.
You must have been or will be precluded from accessing
CEDRI and submitting a required report within the time
prescribed due to an outage of either the EPA's CEDRI or
CDX systems.
[40 CFR 60.5420a(b)(13)(i)]
1.2.7.1.4.2.
The outage must have occurred within the period of time
beginning 5 business days prior to the date that the
submission is due.
[40 CFR 60.5420a(b)(13)(ii)]
1.2.7.1.4.3.
The outage may be planned or unplanned.
50
[40 CFR 60.5420a(b)(13)(iii)]
1.2.7.1.4.4.
You must submit notification to the Administrator in
writing as soon as possible following the date you first
knew, or through due diligence should have known, that the
event may cause or caused a delay in reporting.
[40 CFR 60.5420a(b)(13)(iv)]
1.2.7.1.4.5.
You must provide to the Administrator a written
description identifying:
[40 CFR 60.5420a(b)(13)(v)]
1.2.7.1.4.5.1.
The date(s) and time(s) when CDX or CEDRI was
accessed and the system was unavailable;
[40 CFR 60.5420a(b)(13)(v)(A)]
1.2.7.1.4.5.2.
A rationale for attributing the delay in reporting
beyond the regulatory deadline to the EPA system
outage;
[40 CFR 60.5420a(b)(13)(v)(B)]
1.2.7.1.4.5.3.
Measures taken or to be taken to minimize the delay
in reporting; and
[40 CFR 60.5420a(b)(13)(v)(C)]
1.2.7.1.4.5.4.
The date by which you propose to report, or if you
have already met the reporting requirement at the
time of the notification, the date you reported.
[40 CFR 60.5420a(b)(13)(v)(D)]
1.2.7.1.4.6.
The decision to accept the claim of EPA system outage and
allow an extension to the reporting deadline is solely within
the discretion of the Administrator.
[40 CFR 60.5420a(b)(13)(vi)]
1.2.7.1.4.7.
In any circumstance, the report must be submitted
electronically as soon as possible after the outage is
resolved.
[40 CFR 60.5420a(b)(13)(vii)]
1.2.7.1.5.
If you are required to electronically submit a report through
CEDRI in the EPA's CDX, the owner or operator may assert a
claim of force majeure for failure to timely comply with the
reporting requirement. To assert a claim of force majeure, you
51
must meet the requirements outlined in paragraphs
§60.5420a(b)(14)(i) through (v).
[40 CFR 60.5420a(b)(14)]
1.2.7.1.5.1.
You may submit a claim if a force majeure event is about to
occur, occurs, or has occurred or there are lingering effects
from such an event within the period of time beginning 5
business days prior to the date the submission is due. For
the purposes of this section, a force majeure event is
defined as an event that will be or has been caused by
circumstances beyond the control of the affected facility, its
contractors, or any entity controlled by the affected facility
that prevents you from complying with the requirement to
submit a report electronically within the time period
prescribed. Examples of such events are acts of nature (e.g.,
hurricanes, earthquakes, or floods), acts of war or terrorism,
or equipment failure or safety hazard beyond the control of
the affected facility (e.g., large scale power outage).
[40 CFR 60.5420a(b)(14)(i)]
1.2.7.1.5.2.
You must submit notification to the Administrator in
writing as soon as possible following the date you first
knew, or through due diligence should have known, that the
event may cause or caused a delay in reporting.
[40 CFR 60.5420a(b)(14)(ii)]
1.2.7.1.5.3.
You must provide to the Administrator:
[40 CFR 60.5420a(b)(14)(iii)]
1.2.7.1.5.3.1.
A written description of the force majeure event;
[40 CFR 60.5420a(b)(14)(iii)(A)]
1.2.7.1.5.3.2.
A rationale for attributing the delay in reporting
beyond the regulatory deadline to the force majeure
event;
[40 CFR 60.5420a(b)(14)(iii)(B)]
Measures taken or to be taken to minimize the delay
in reporting; and
[40 CFR 60.5420a(b)(14)(iii)(C)]
1.2.7.1.5.3.3.
1.2.7.1.5.3.4.
The date by which you propose to report, or if you
have already met the reporting requirement at the
time of the notification, the date you reported.
[40 CFR 60.5420a(b)(14)(iii)(D)]
52
1.2.7.2.
1.2.7.1.5.4.
The decision to accept the claim of force majeure and allow
an extension to the reporting deadline is solely within the
discretion of the Administrator.
[40 CFR 60.5420a(b)(14)(iv)]
1.2.7.1.5.5.
In any circumstance, the reporting must occur as soon as
possible after the force majeure event occurs.
[40 CFR 60.5420a(b)(14)(v)]
Recordkeeping requirements. You must maintain the records identified as
specified in §60.7(f) and §60.5420a(c)(15)(i) through (ix). All records
required by this subpart must be maintained either onsite or at the nearest
local field office for at least 5 years. Any records required to be
maintained by this subpart that are submitted electronically via the EPA’s
CDX may be maintained in electronic format.
[40 CFR 60.5420a(c)]
1.2.7.2.1.
For each collection of fugitive emissions components at a well site,
maintain the records identified in §60.5420a(c)(15)(i) through
(viii).
[40 CFR 60.5420a(c)(15)]
1.2.7.2.1.1.
The date of the startup of production or the date of the first
day of production after modification for each collection of
fugitive emissions components at a well site.
[40 CFR 60.5420a(c)(15)(i)]
1.2.7.2.1.2.
For each collection of fugitive emissions components at a
well site where you complete the removal of all major
production and processing equipment such that the well site
contains only one or more wellheads, record the date the
well site completes the removal of all major production and
processing equipment from the well site, and, if the well
site is still producing, record the well ID or separate tank
battery ID receiving the production from the well site. If
major production and processing equipment is subsequently
added back to the well site, record the date that the first
piece of major production and processing equipment is
added back to the well site.
[40 CFR 60.5420a(c)(15)(v)]
1.2.7.2.1.3.
The fugitive emissions monitoring plan as required in
§60.5397a(b), (c), and (d).
[40 CFR 60.5420a(c)(15)(vi)]
53
1.2.7.2.1.4.
The records of each monitoring survey as specified
§60.5420a(c)(15)(vii)(A) through (I).
[40 CFR 60.5420a(c)(15)(vii)]
1.2.7.2.1.4.1.
Date of the survey.
[40 CFR 60.5420a(c)(15)(vii)(A)]
1.2.7.2.1.4.2.
Beginning and end time of the survey.
[40 CFR 60.5420a(c)(15)(vii)(B)]
1.2.7.2.1.4.3.
Name of operator(s), training, and experience of the
operator(s) performing the survey.
[40 CFR 60.5420a(c)(15)(vii)(C)]
1.2.7.2.1.4.4.
Monitoring instrument used.
[40 CFR 60.5420a(c)(15)(vii)(D)]
1.2.7.2.1.4.5.
Fugitive emissions component identification when
Method 21 is used to perform the monitoring
survey.
[40 CFR 60.5420a(c)(15)(vii)(E)]
1.2.7.2.1.4.6.
Ambient temperature, sky conditions, and
maximum wind speed at the time of the survey.
[40 CFR 60.5420a(c)(15)(vii)(F)]
1.2.7.2.1.4.7.
Any deviations from the monitoring plan or a
statement that there were no deviations from the
monitoring plan.
[40 CFR 60.5420a(c)(15)(vii)(G)]
1.2.7.2.1.4.8.
Records of calibrations for the instrument used
during the monitoring survey.
[40 CFR 60.5420a(c)(15)(vii)(H)]
1.2.7.2.1.4.9.
Documentation of each fugitive emission detected
during the monitoring survey, including the
information specified in §60.5240a(c)(15)(vii)(I)(1)
through (9).
[40 CFR 60.5420a(c)(15)(vii)(I)]
1.2.7.2.1.4.9.1.
Location of each fugitive emission
identified.
[40 CFR 60.5420a(c)(15)(vii)(I)(1)]
54
1.2.7.2.1.4.9.2.
Type of fugitive emissions component,
including designation as difficult-to-monitor
or unsafe-to-monitor, if applicable.
[40 CFR 60.5420a(c)(15)(vii)(I)(2)]
1.2.7.2.1.4.9.3.
If Method 21 of appendix A–7 of this part is
used for detection, record the component ID
and instrument reading.
[40 CFR 60.5420a(c)(15)(vii)(I)(3)]
1.2.7.2.1.4.9.4.
For each repair that cannot be made during
the monitoring survey when the fugitive
emissions are initially found, a digital
photograph or video must be taken of that
component or the component must be tagged
for identification purposes. The digital
photograph must include the date that the
photograph was taken and must clearly
identify the component by location within
the site (e.g., the latitude and longitude of
the component or by other descriptive
landmarks visible in the picture). The digital
photograph or identification (e.g., tag) may
be removed after the repair is completed,
including verification of repair with the
resurvey.
[40 CFR 60.5420a(c)(15)(vii)(I)(4)]
1.2.7.2.1.4.9.5.
The date of first attempt at repair of the
fugitive emissions component(s).
[40 CFR 60.5420a(c)(15)(vii)(I)(5)]
1.2.7.2.1.4.9.6.
The date of successful repair of the fugitive
emissions component, including the
resurvey to verify repair and instrument used
for the resurvey.
[40 CFR 60.5420a(c)(15)(vii)(I)(6)]
1.2.7.2.1.4.9.7.
Identification of each fugitive emission
component placed on delay of repair and
explanation for each delay of repair.
[40 CFR 60.5420a(c)(15)(vii)(I)(7)]
1.2.7.2.1.4.9.8.
For each fugitive emission component
placed on delay of repair for reason of
55
replacement component unavailability, the
operator must document: the date the
component was added to the delay of repair
list, the date the replacement fugitive
component or part thereof was ordered, the
anticipated component delivery date
(including any estimated shipment or
delivery date provided by the vendor), and
the actual arrival date of the component.
[40 CFR 60.5420a(c)(15)(vii)(I)(8)]
1.2.7.2.1.4.9.9.
Date of planned shutdowns that occur while
there are any components that have been
placed on delay of repair.
[40 CFR 60.5420a(c)(15)(vii)(I)(9)]
1.2.8. General Provisions
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 OOOOa of Part 60—Applicability of General Provisions to Subpart OOOOa
General
Applies to
provisions Subject of citation
Explanation
subpart?
citation
General applicability
§60.1
of the General
Yes
Provisions
§60.2
Definitions
Yes
Additional terms defined in §60.5430a.
Units and
§60.3
Yes
abbreviations
§60.4
Address
Yes
Determination of
§60.5
construction or
Yes
modification
§60.6
Review of plans
Yes
Notification and
§60.7
Yes
Except that §60.7 only applies as specified in §60.5420a(a).
record keeping
§60.8
§60.9
§60.10
Performance tests
Availability of
information
State authority
Yes
Except that the format of performance test reports is described
in §60.5420a(b). Performance testing is required for control devices
used on storage vessels, centrifugal compressors, and pneumatic
pumps, except that performance testing is not required for a control
device used solely on pneumatic pump(s).
Yes
Yes
56
§60.11
§60.12
§60.13
Compliance with
standards and
maintenance
requirements
Circumvention
Monitoring
requirements
No
Yes
Continuous monitors are required for storage vessels
§60.14
Modification
Yes
§60.15
Reconstruction
Yes
§60.16
Priority list
Incorporations by
reference
General control device
and work practice
requirements
General notification
and reporting
requirement
Yes
§60.17
§60.18
§60.19
Requirements are specified in subpart OOOOa.
To the extent any provision in §60.14 conflicts with specific
provisions in subpart OOOOa, it is superseded by subpart OOOOa
provisions.
Except that §60.15(d) does not apply to wells, pneumatic
controllers, pneumatic pumps, centrifugal compressors,
reciprocating compressors, storage vessels, or the collection of
fugitive emissions components at a well site or the collection of
fugitive emissions components at a compressor station.
Yes
Yes
Yes
[40 CFR 60.5425a]
2. 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-GLYCalc TM
model, the permittee shall perform each model run using a single gas analysis and
57
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 within a 12-month period.
[RAC 2-110(5)(b)]
3. Reserved – Tribal Minor New Source Review
3.1 Federal Implementation Plan for Managing Air Emissions from True Minor
Sources in Indian Country in the Oil and Natural Gas Production and Natural
Gas Processing Segments of the Oil and Natural Gas Sector [40 CFR 49.10149.105] [SU-000483]
4. Reserved – Prevention of Significant Deterioration Requirements
5. Reserved – Consent Decree Requirements
6. Reserved – Compliance Assurance Monitoring (CAM) Requirements
7. Enhanced Monitoring, Recordkeeping, and Reporting
7.1. Any documents required to be submitted under this Title V operating permit,
including but not limited to, reports, test data, monitoring data, notifications,
compliance certifications, fee calculation worksheets, and applications for renewals
and permit modifications shall be submitted to the Tribe:
by email at: airqualty@southernute-nsn.gov
or by United States Postal Service:
or by Common Carrier:
Part 70 Program
Environmental Programs Department
Air Quality Division
P.O. Box 737 MS #84
Ignacio, Colorado 81137
Part 70 Program
Environmental Programs Department
Air Quality Division
398 Ouray Drive
Ignacio, CO 81137
58
Section IV – Appendix
Inspection Information
1.1. Driving Directions:
From the intersection of CO 172 and CO 151 in Ignacio, head east on CO 151 for 6.5
miles. Turn east on SU 159, and the facility is 1.2 miles down on the north side of the
road.
1.2. Global Positioning System (GPS):
Latitude:
37.086537 °N
Longitude:
-107.512152 °W
1.3. Safety Considerations:
SIMCOE recommends all visitors to the Tiffany 3 Pad wear a hard hat, safety glasses,
safety footwear, hearing protection, and fire-retardant clothing.
59
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.