AIR QUALITY DIVISION (2024)
Tribal code
Ask Donna
What actually matters in this document.
Text
AIR QUALITY DIVISION
Environmental Programs Department
Southern Ute Indian Tribe
PO Box 737 MS#84
Ignacio, CO 81137
Phone 970-563-4705
http://www.southernute-nsn.gov/environmental-programs/air-quality
July 21, 2025
Mr. Ethan Hinkley
Air Quality Compliance Manager
Red Cedar Gathering Company
125 Mercado St., Suite 201
Durango, CO 81301
RE: Part 70 Operating Permit – Permit Renewal
Title V Permit # V-SUIT-0037-2024.00
Red Cedar Gathering Company
Homestead Compressor Station
Mr. Hinkley,
The Southern Ute Indian Tribe Air Quality Division (AQD) has completed its review of Red Cedar
Gathering Company’s (Red Cedar) request to renew a Title V Permit to Operate, pursuant to the Title V
Operating Permit Program at 40 CFR Part 70, for the Homestead Compressor Station.
Based on the information submitted in Red Cedar’s application, the AQD hereby issues the enclosed
Title V Permit to Operate. The final permit will become effective on July 21, 2025.
A 30-day public comment period was held from February 7, 2025, to March 9, 2025. The AQD received
comments from Red Cedar during this time and no comments were received from the public, affected
states, or tribes. Following the 30-day public comment period, the AQD did not make the requested
changes. A response to comments document is attached below for reference.
A 45-day Administrative Review period at EPA Region 8 was held from June 4, 2025, to July 19, 2025.
No comments were received from EPA Region 8 during this review period.
Pursuant to RAC §2-109(8), within 60 days after the final permit has been issued, the applicant, any person
who participated in the public comment process and is aggrieved by the action, and any other person who
could obtain judicial review of that action under applicable law, may appeal to the Environmental
Commission in accordance with the Southern Ute Indian Tribe/State of Colorado Environmental
Commission’s Reservation Air Code (RAC) and the Commission’s Procedural Rules. Additionally, the
regulations at RAC §2-109(7) specify that any person may petition the EPA Administrator within 60 days
after the expiration of the Administrator’s 45-day review period to make an objection that the permit
would not be in compliance with applicable requirements. Any such petition must be based only on
objections to the permit that were raised with reasonable specificity during the public comment period
unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or
unless the grounds for such objections arose after such period.
If you have any questions concerning the enclosed permit, please feel free to contact me.
Sincerely,
Mark Lamoreaux
Air Quality Scientist II - Permitting
Southern Ute Indian Tribe
(970) 563-2273
mlamoreaux@southernute-nsn.gov
Cc: US EPA Region 8 - r8airpermitting@epa.gov
AIR QUALITY DIVISION
ENVIRONMENTAL PROGRAMS DEPARTMENT
SOUTHERN UTE INDIAN TRIBE
PO BOX 737, MS 84, IGNACIO, CO 81137
(970) 563 – 4705 ∙ (970) 563 – 0384 FAX
July 21, 2025
Response to Comments Document
Operator: Red Cedar Gathering Company
Facility: Diamondback, Homestead, and Worford Ridge Compressor Stations
Permit Action: Title V Operating Permit Renewals
Comments From Red Cedar Gathering Company Received on Draft Title V Operating
Permits V-SUIT-0018-2024.00, V-SUIT-0037-2024.00, and V-SUIT-0046-2024.00
I. Permit Provision III.2.1.: 40 CFR Part 63, Subpart HH – National Emission Standards
for Hazardous Air Pollutants From Oil and Natural Gas Production Facilities [40 CFR
63.760 - 63.779, RAC 4-103]
Comments:
Provision III.2.1.1.
Comment #1
- The requirement that the gas temperature and pressure recorded with the gas sample must
be used to determine annual emissions creates a situation that may not be the most
representative of actual annual operating conditions. Using gas temperature and pressure
recorded at the time of the gas sample provides an accurate emission estimate at the time of
the sample. However, operating conditions change during the course of a calendar year. If
annual average gas temperature and pressure data exists for a facility, using these values
will provide a more accurate actual emission estimate for a calendar year. Additionally, in
EPA’s approval for the use of ProMax as an alternative to the GRI GLYCalc model they
state that “Inputs to the ProMax software shall include the parameters listed below, which
must be representative of the actual operating conditions of the glycol dehydration unit”. An
annual average of the gas temperature and pressure are going to be more representative of
the actual operating conditions of the dehydration unit than those of a spot sample.
Comment #2
- As an example in other similar requirements, differential pressure across engine catalysts,
and even emission testing, can be based on the average monitored data. The pressure drop
reading can be a one-time measurement on that day, the average of performance test runs
performed on that day, or an average of all the measurements on that day if continuous
readings are taken.
Comment #3
- Red Cedar is not in control of the information that the laboratory conducting our gas
analysis includes in the gas analysis report. Requiring the analysis include the gas
temperature and pressure at which the sample was taken creates a potential compliance
issue that Red Cedar does not fully control.
- Suggested language: The permittee must obtain an extended wet gas analysis of the inlet
gas stream at least once per calendar year. The gas sample shall be taken at a point prior to
where the gas enters the dehydration system contact tower. The analysis shall include the gas
temperature and pressure at which the sample was taken shall be recorded. The gas analysis
results and corresponding temperature and pressure representative of actual operating
conditions during the calendar year 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 to 63.772(b)(2)(i),
using GRI-GLYCalc model, the permittee shall perform each model run using a single gas
analysis and the corresponding temperature and pressure documented during the collection
of the gas sample.
AQD’s Response:
For the reasons listed below, the AQD did not make the suggested changes.
AQD’s Response to Comment #1:
- The AQD agrees with Red Cedar that using the gas temperature and pressure recorded at
the time of the extended gas analysis sample provides an accurate emissions estimate at the
time of the sample. The AQD also agrees that operating conditions change throughout the
year. However, the AQD does not agree with Red Cedar that the averaging of available
temperature and pressure data represent a more accurate estimation of annual emissions.
First, this assertion does not take into consideration that gas composition data fluctuates
throughout the year, and that the emissions of benzene from the reboiler still vent, at any
given time, are directly correlated to the corresponding wet gas inlet temperature and
pressure of the glycol dehydration unit. Therefore, averaging certain data parameters and not
others may not result in the most accurate emissions estimates because averaged data could
increase the temperature and pressure model input values above the actual operating values
for portions of the year, and consequently, result in GLYCalc estimating benzene emissions
to be lower than in actuality. Additionally, if temperature and pressure data were only
available, or only averaged, for certain months of the year, this limited data set could
potentially result in average temperature and pressure model inputs that are not a good
representation of the actual values throughout the year.
Secondly, this approach would not yield inputs to the GRI-GLYCalc (GLYCalc) model that
are representative of actual operating conditions, as required by § 63.772(b)(2)(i), because at
no time during the year would the averaged parameters match actual operating conditions.
Conversely, using the actual operating parameters from the time of a gas analysis as inputs to
the model (i.e., the gas analysis and corresponding temperature and pressure), would meet
the requirement to use input model values representative of actual operating conditions. This
is further supported by the GLYCalc Version 4.0 User’s Manual which requires certain
model inputs, including the wet-gas (or absorber) temperature and pressure recorded at the
time of the wet gas sample.
Third, a main goal of the AQD’s enhanced reporting, recordkeeping, and monitoring
language is to establish a standardized methodology for accurately estimating benzene
emissions for documenting eligibility to the benzene exemption using the GLYCalc (or
ProMax) models.
The methodology proposed by Red Cedar does not align with this goal. Absent a
standardized methodology for determining eligibility to the benzene exemption, the permittee
has complete discretion in choosing which data to use and in choosing to average certain data
and not others. This approach is too non-standardized to provide consistency in the way
emissions are estimated by different permittees and at different regulated facilities, based on
available data, and accordingly, is inconsistent with the intent of § 63.772(b)(2)(i) to use
inputs to the model “representative of actual operating conditions”.
To allow an option for permittees to use multiple data points to better represent operating
conditions throughout the year, the AQD allows a permittee to average the model results of
multiple individual GLYCalc runs prepared using the gas analysis and corresponding
temperature and pressure. This option is consistent with the requirement to use inputs
representative of actual operating conditions, and it will yield an accurate emissions average,
because each individual run provides an accurate snapshot of emissions during actual
operating conditions, similar to a stack test. The method is also consistent with methodology
established for glycol dehydration units in several New Source Review permits issued by
EPA Region 8 for demonstrating 12-month rolling benzene emissions averages.
The AQD has conferred with EPA on these questions. EPA explained that the AQD’s
required methodology of using the gas temperature and pressure corresponding to the gas
analysis aligns with the intent of the rule in using inputs to the model representative of actual
operating conditions. The EPA similarly finds that Red Cedar’s requested method of
averaging would not be representative of actual operating conditions. The EPA also finds that
the AQD’s option for allowing the averaging of multiple gas analyses provides an accurate
method of estimating emissions, that is consistent with the requirement of using inputs to the
model representative of actual operating conditions, while also providing permittees the
flexibility to collect and use, in their estimations, multiple gas analyses from throughout the
year.
If Red Cedar is observing modeled benzene values that show a source above the 0.9 Mg
exemption levels using the methodology prescribed by the AQD, the AQD recommends Red
Cedar default to complying with the area source standards to avoid potential non-compliance.
AQD’s Response to Comment #2:
-Red Cedar provides two examples of data averaging used in other emissions calculation
applications, in support of their request to use averaged gas temperature and pressure as data
values that are more representative of actual operating conditions than those values recorded
at the time of a gas sampling event. These two examples are (1), differential pressure across
an engine catalyst and (2) the averaging of multiple engine emission testing results. The
AQD does not find these examples to support Red Cedar’s position because there is a distinct
difference between these data values and the averaging of glycol dehydration unit gas
temperatures and pressures. The most distinct difference is that the two data examples
provided by Red Cedar are data outputs, and not data inputs used in emission models or
emissions calculations for estimating emissions. For example, the differential pressure across
the catalyst is a measured data output that is used only as an indicator of operating conditions
that corresponded with a control device operating effectively in meeting emissions
limitations during an emissions testing event. This parameter is not used as input for
calculating estimated emissions. Next, the averaged value of three consecutive emission test
results is also a data output and is an example of using the outputs of three emissions tests
conducted during actual operating conditions and with corresponding data inputs, to calculate
an average emissions value. This latter example is, in concept, very similar to the option
provided by the AQD for averaging multiple modeled emissions runs, prepared using the
actual operating conditions data inputs recorded at the time of the gas sampling.
AQD’s Response to Comment #3:
- The AQD does not agree with Red Cedar’s assertion that the ability of a laboratory to
correctly list the temperature and pressure reading on a gas analysis report is a potential
compliance issue that Red Cedar cannot control. The laboratory conducting the gas analysis
should have a Quality Assurance Project Plan specifying how to ensure accuracy in
conducting the analysis and for listing data correctly on a final report. Furthermore, if Red
Cedar is questioning the ability of a laboratory to correctly report the temperature and
pressure recorded at the time of the gas sampling, it seems this could also bring into question
the accuracy of the gas analysis results transposed by the laboratory into the report, and
consequently, the accuracy of GLYCalc model runs used by Red Cedar for demonstrating
applicability and compliance with MACT Subpart HH. As an internal quality assurance
check, Red Cedar could easily verify the accuracy of gas temperatures and pressures listed on
a gas analysis report by recording their own record of the temperature and pressure at the
time of gas sample collections and comparing those values. Additionally, it is Red Cedar’s
responsibility to provide accurate records, including the gas analysis. If Red Cedar believes
their current laboratory is completing unreliable work, Red Cedar should consider
contracting with a more reliable company.
Southern Ute Indian Tribe
Air Quality Division
Title V Operating Permit
Southern Ute Indian Tribe
Environmental Programs Department
Air Quality Division
71 Mike Frost Way
Ignacio, Colorado 81137
AIR POLLUTION CONTROL
TITLE V PERMIT TO OPERATE
In accordance with the provisions of Title V of the Clean Air Act (42 U.S.C. 7661-7661f) and Part
1, Article II of the Southern Ute Indian Tribe/State of Colorado Environmental Commission’s
Reservation Air Code (RAC) and applicable rules and regulations,
Red Cedar Gathering Company
Homestead Compressor Station
is authorized to operate air emission units and to conduct other air pollutant emitting activities in
accordance with the conditions listed in this permit.
This source is authorized to operate at the following location:
Southern Ute Indian Reservation
Section 4, T32N, R8W
La Plata County, Colorado
Terms not otherwise defined in this permit have the meaning assigned to them in the referenced
regulations. All terms and conditions of the permit are enforceable by the Tribe and citizens under
the Clean Air Act.
Daniel Powers, Air Quality Division Head
Environmental Programs Department
Southern Ute Indian Tribe
AIR POLLUTION CONTROL
TITLE V PERMIT TO OPERATE
Red Cedar Gathering Company
Homestead Compressor Station
SUIT Account Identification Code: 2-024
Permit Number: V-SUIT-0037-2024.00
[Replaces Permit No.: V-SUIT-0037-2019.00]
Issue Date:
Revised Date:
Expiration Date:
July 21, 2025
N/A
July 21, 2030
The SUIT account identification code and permit number cited above should be referenced in future
correspondence regarding this facility.
Permit Issuance History
DATE
TYPE OF
ACTION
DESCRIPTION OF ACTION
PERMIT
NUMBER
January 2004
Permit Issued
Initial Part 71 Permit Issued
# V-SU-0037-04.00
May 2006
Revision
Administrative Amendment
# V-SU-0037-04.01
August 17, 2007
Revision
Administrative Amendment
# V-SU-0037-04.02
January 2008
Revision
Administrative Amendment
# V-SU-0037-04.03
June 2008
Revision
Administrative Amendment
# V-SU-0037-04.04
st
September 2009
Renewal
1 Renewal Permit Issued
# V-SU-0037-08.00
August 2010
Revision
Minor Permit Revision
# V-SU-0037-08.01
January 31, 2014
Permit Issued
Initial Part 70 Permit Issued
# V-SUIT-0037-2014.00
June 11, 2015
Revision
Minor Permit Revision
# V-SUIT-0037-2014.01
April 25, 2016
Revision
Administrative and Minor Permit Revision
II.B.6.c Added 40 CFR 63.774(c)
Subpart HH compliance demonstration
plan
II.C. Changed emission unit ID number
to match with newly added engine
# V-SUIT-0037-2014.02
June 14, 2019
Renewal
1st Part 70 Permit Renewal
# V-SUIT-0037-2019.00
July 21, 2025
Renewal
2nd Part 70 Permit Renewal
# V-SUIT-0037-2024.00
Table of Contents
Abbreviations and Acronyms ................................................................................................................................. 3
Section I – Source Information and Emission Unit Identification ............................................................................ 6
Source Information ..........................................................................................................................................6
Source Emission Points ....................................................................................................................................7
Section II – General Requirements ......................................................................................................................... 8
Title V Administrative Requirements ...............................................................................................................8
1.1.
Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118] ........................................................................ 8
1.2.
Compliance Requirements .................................................................................................................. 10
1.3.
Duty to Provide and Supplement Information [RAC 2-110(7)(e), 2-106(5), and 2-124] ....................11
1.4.
Submissions [RAC 2-105] .....................................................................................................................12
1.5.
Severability Clause [RAC 1-106 and RAC 2-110(1)(f)] .........................................................................12
1.6.
Permit Actions [RAC 2-110(3)] ............................................................................................................ 12
1.7.
Administrative Permit Revision [RAC 2-111(2)] .................................................................................13
1.8.
Minor Permit Revisions [RAC 2-111(3)] ..............................................................................................13
1.9.
Significant Permit Revisions [RAC 2-111(4)] .......................................................................................14
1.10.
Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2-112] .........................14
1.11.
Property Rights [RAC 2-110(3)(e)] .......................................................................................................16
1.12.
Inspection and Entry [RAC 2-110(9)(b)] ..............................................................................................16
1.13.
[Reserved] ............................................................................................................................................16
1.14.
Permit Transfers [RAC 2-113] ..............................................................................................................16
1.15.
Off-Permit Changes [RAC 2-116(2)]..................................................................................................... 16
1.16.
Permit Expiration and Renewal ..........................................................................................................17
Facility-Wide Requirements...........................................................................................................................18
2.1.
General Recordkeeping Requirements [RAC 2-110(6)] ...................................................................... 18
2.2.
General Reporting Requirements .......................................................................................................19
2.3.
Alternative Operating Scenarios [RAC 2-110(8)] ................................................................................20
2.4.
Permit Shield [RAC 2-110(10)(c)].........................................................................................................22
2.5.
Stratospheric Ozone and Climate Protection [40 CFR Part 82] ..........................................................22
Section III – Site Specific Permit Terms ................................................................................................................ 23
Reserved - New Source Performance Standards (NSPS) and 40 CFR Part 60 ................................................23
National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR Part 63 ...........................23
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] ............................................. 23
2.2.
40 CFR Part 63, Subpart ZZZZ – National Emission Standards for Hazardous Air Pollutants for
Stationary Reciprocating Internal Combustion Engines [40 CFR 63.6580 – 63.6675 and RAC 4-103] .............24
Reserved – Tribal Minor New Source Review ................................................................................................31
Reserved – Prevention of Significant Deterioration Requirements ............................................................... 31
Reserved – Consent Decree Requirements ....................................................................................................31
Reserved – Compliance Assurance Monitoring (CAM) Requirements ...........................................................31
1
Enhanced Monitoring, Recordkeeping, and Reporting..................................................................................31
Section IV – Appendix .......................................................................................................................................... 32
Inspection Information ..................................................................................................................................32
1.1.
Driving Directions: ...............................................................................................................................32
1.2.
Global Positioning System (GPS): .......................................................................................................32
1.3.
Safety Considerations: ........................................................................................................................32
2
Abbreviations and Acronyms
4SLB
4SRB
AFS
AQD
bbl
BACT
CAA
CAM
CEMS
CFR
CMS
COMS
CO
CO2
dscf
dscm
EPA
gal
GPM
H 2S
HAP
hr
ID
kg
lbs
MACT
Mg
MMBtu
MMSCFD
mo
NESHAP
NMHC
NOx
NSPS
NSR
pH
PM
PM10
ppbvd
ppm
ppmvd
PSD
PTE
psi
psia
RAC
RICE
RMP
scf
scfm
SI
SO2
SUIT
tpy
Tribe
Four-Stroke Lean-Burn
Four-Stroke Rich-Burn
Air Facility System database
Southern Ute Indian Tribe’s Air Quality Division
Barrels
Best Available Control Technology
Clean Air Act [42 U.S.C. Section 7401 et seq.]
Compliance Assurance Monitoring
Continuous Emission Monitoring System
Code of Federal Regulations
Continuous Monitoring System (includes COMS, CEMS and diluent monitoring)
Continuous Opacity Monitoring System
Carbon monoxide
Carbon dioxide
Dry standard cubic foot
Dry standard cubic meter
United States Environmental Protection Agency
Gallon
Gallons per minute
Hydrogen sulfide
Hazardous Air Pollutant
Hour
Identification Number
Kilogram
Pounds
Maximum Achievable Control Technology
Megagram
Million British Thermal Units
Million standard cubic feet per day
Month
National Emission Standards for Hazardous Air Pollutants
Non-methane hydrocarbons
Nitrogen Oxides
New Source Performance Standard
New Source Review
Negative logarithm of effective hydrogen ion concentration (acidity)
Particulate Matter
Particulate matter less than 10 microns in diameter
Parts per billion by volume, dry
Parts per million
Parts per million by volume, dry
Prevention of Significant Deterioration
Potential to Emit
Pounds per square inch
Pounds per square inch absolute
Southern Ute Indian Tribe/State of Colorado Environmental Commission’s Reservation
Air Code
Reciprocating Internal Combustion Engine
Risk Management Plan
Standard cubic feet
Standard cubic feet per minute
Spark Ignition
Sulfur Dioxide
Southern Ute Indian Tribe
Ton(s) Per Year
Southern Ute Indian Tribe
3
US EPA
VOC
United States Environmental Protection Agency
Volatile Organic Compounds
4
Table of Figures
Table 1 - Emission Units................................................................................................................. 7
Table 2 - Insignificant Emission Units ........................................................................................... 7
5
Section I – Source Information and Emission Unit Identification
Source Information
Owner Name:
Red Cedar Gathering Company
Facility Name:
Homestead Compressor Station
Facility Location:
Section 4, T32N, R8W
Latitude:
37.044872 °N
Longitude:
State:
-107.731283 °W
Colorado
County:
La Plata
Responsible Official:
President – Chief Operating Officer
SIC Code:
1311
ICIS Identification Number:
SU00000008067U0018
EPA Facility Registry ID:
110020496346
Other Clean Air Act Permits
None
Process Description:
The Homestead Compressor Station, owned and operated by Red Cedar Gathering Company, is
located in Southwestern Colorado within the exterior boundaries of the Southern Ute Indian
Reservation. Homestead is a production field facility prior to the point of custody transfer.
Natural gas product is provided to Homestead from several upstream wells and compression
stations. The three (3) compressor engines pull gas from the low-pressure pipelines at
approximately 30 psi and compress that gas to approximately 350 psi. The gas is then processed
through the dehydration unit and discharged into Red Cedar’s mid-pressure pipeline. The station
can process 18-20 Mscf/day. The facility does not extract natural gas liquids from field gas nor
fractionate mixed NGL’s to natural gas products. The facility has storage vessels, but none with
the potential for flash emissions. Homestead’s primary emitters consist of three (3) compressor
engines and one glycol dehydration unit. The facility has several heaters, and tanks that qualify
as insignificant emission units. Homestead does not engage in pigging operations.
6
Source Emission Points
Table 1 - Emission Units
Emission
Unit ID
Control
Equipment
Description
Waukesha L7042GL (4SLB SI) Natural Gas-Fired Compressor Engine
1,377 Name Plate Rated HP
C-201
Serial No.
400439
Install Date:
11/19/2020
C-202
Serial No.
C-11530/1
Install Date:
07/06/2023
C-203
Serial No.
C-11520/1
Install Date:
11/15/2022
None
Ford ESG-642 (4SRB SI) Natural Gas-Fired Generator Engine
61 Name Plate Rated HP
G-102
Serial No.
02-03-003318
Install Date:
None
06/01/2015
PESCO Tri-Ethylene Glycol (TEG) Dehydrator
25 (MMscf/day)
X-301
Serial No.
N/A
Install Date:
None
06/01/2010
Table 2 - Insignificant Emission Units
Emission
Unit ID
Amount
Description
Size
Units
X-301a
H-501
H-502
H-504
H-101
H-401A, 401B
TK-501
TK-502
TK-503
TK-504
TK-505
TK-506
TK-507, 508
FUG
1
1
1
1
1
2
1
1
1
1
1
1
2
N/A
TEG Reboiler
Tank Heater (TK-501)
Tank Heater (TK-502)
Tank Heater (TK-504)
Catalytic Heater (Inlet Slug Catcher V-101)
Catalytic Heater (Fuel Gas Skid)
Production Water Tank
Waste Oil Drain Tank
Glycol Still Column Vent Tank (X-301)
Clean Water Blowcase Tank
TEG Storage Tank
Lube Oil Storage Tank
Engine Coolant Storage Tank
Fugitive Emissions
0.50
0.325
0.325
0.325
0.008
0.018
15,750
6,615
500
6,615
500
1,800
500
N/A
MMBtu/hr
MMBtu/hr
MMBtu/hr
MMBtu/hr
MMBtu/hr
MMBtu/hr
Gallons
Gallons
Gallons
Gallons
Gallons
Gallons
Gallons
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.
1.6. Permit Actions [RAC 2-110(3)]
12
1.6.1. This permit may be modified, reopened and revised, revoked and reissued, or
terminated for cause.
[RAC 2-110(3)(c)]
1.6.2. The filing by the permittee of a request for a permit revision, reissuance, or
termination, or of a notification of planned changes or anticipated noncompliance
shall not stay any permit condition.
[RAC 2-110(3)(d)]
1.7. Administrative Permit Revision [RAC 2-111(2)]
1.7.1. The permittee may submit an application for an administrative permit revision as
defined in RAC §1-103.
[RAC 2-111(2)(a)]
1.7.2. The permittee may implement an administrative permit revision immediately
upon submittal of the request for the administrative revision.
[RAC 2-111(2)(c)]
[Note to permittee: If the provisions allowing for an administrative permit revision do not apply,
please contact the Air Quality Division for a determination of similarity prior to submitting your
request for an administrative permit revision.]
1.8. Minor Permit Revisions [RAC 2-111(3)]
1.8.1. The permittee may submit an application for a minor permit revision as defined in
RAC §1-103.
1.8.2. An application requesting the use of minor permit revision procedures shall meet
the requirements of RAC §2-106(4) and shall include the following:
1.8.2.1.
A description of the change, the emissions resulting from the change, and
any new applicable requirements that will apply if the change occurs;
1.8.2.2.
If changes are requested to the permit language, the permittee’s suggested
draft permit changes;
1.8.2.3.
Certification by a responsible official, consistent with RAC §2-105, that
the proposed revision meets the criteria for use of minor permit revision
procedures and a request that such procedures be used; and
1.8.2.4.
Completed forms for the Tribe to use to notify the Administrator and
affected programs as required under RAC §2-108.
13
1.8.2.5.
If the requested permit revision would affect existing compliance plans or
schedules, related progress reports, or certification of compliance
requirements, and an outline of such effects.
[RAC 2-111(3)(a)]
1.8.3. The permittee shall not submit multiple minor permit revision applications that
may conceal a larger revision that would not constitute a minor permit revision.
[RAC 2-111(3)(b)]
1.8.4. The permittee may make the change proposed in its minor permit revision
application immediately after it files such application, provided, however, for
sources that have previously utilized this provision during the term of the permit
and, on two or more occasions have failed to file a complete application, may
thereafter make the change only after the application is deemed complete. After
the permittee makes the change and until the Tribe takes any of the actions
specified in the following subsection, the permittee must comply with both the
applicable requirements governing the change and the proposed permit terms and
conditions. During this period, the permittee need not comply with the existing
permit terms and conditions it seeks to modify. If the permittee fails to comply
with its proposed permit terms and conditions during this period, however, the
existing permit terms and conditions it seeks to modify may be enforced against
it. The filing of a minor permit revision application does not authorize
construction or modification of a source under the NSR preconstruction permit
program. It is the permittee’s responsibility to determine if a preconstruction
permit is required prior to commencing construction, modification, or
reconstruction.
[RAC 2-111(3)(e)]
1.8.5. The permit shield under RAC §2-110(10) does not extend to minor permit
revisions.
[RAC 2-110(10)(d)]
1.9. Significant Permit Revisions [RAC 2-111(4)]
1.9.1. The permittee must request the use of significant permit revision procedures as
defined in RAC §1-103.
1.9.2. Significant permit revisions shall meet all requirements of the RAC for permit
issuance and renewal, including those for applications, review by the
Administrator and affected programs, and public participation.
[RAC 2-111(4), 2-109, and 2-106(3)]
1.10.
Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2112]
14
1.10.1. The permit may be reopened and revised for any of the reasons listed in the
paragraphs below. Alternatively, the permit may be revoked and reissued for the
reasons listed in the paragraphs below:
1.10.1.1.
Additional requirements under the Clean Air Act become applicable to a
major source with a remaining permit term of 3 or more years, provided
that the Tribe shall revise such permits to incorporate such additional
requirements no later than 18 months after promulgation of such
requirements, and no such reopening is required if the effective date of the
requirement is later than the permit expiration date unless the original
permit or any of its terms or conditions have been extended past the permit
expiration date pursuant to RAC §2-104(2)(b)(iii);
1.10.1.2.
Additional requirements (including excess emissions requirements)
become applicable to an affected source under the acid rain program.
Upon approval by the Administrator, excess emissions offset plans shall
be deemed to be incorporated into the permit;
1.10.1.3.
The Tribe or the Administrator determines that the permit contains a
material mistake or that inaccurate statements were made in establishing
the terms or conditions of the permit; or
1.10.1.4.
The Tribe or the Administrator determines that the permit must be revised
or revoked and reissued to assure compliance with applicable
requirements.
1.10.2. The permit may be terminated for any of the reasons listed below:
1.10.2.1.
The permittee fails to meet the requirements of an approved compliance
plan;
1.10.2.2.
The permittee has been in significant or repetitious noncompliance with
the operating permit terms or conditions;
1.10.2.3.
The permittee has exhibited a history of willful disregard for
environmental laws of any tribal or state authority, or of the United States;
1.10.2.4.
The permittee has knowingly misrepresented a material fact in any
application, record, report, plan, or other document filed or required to be
maintained under the permit;
1.10.2.5.
The permittee falsifies, tampers with, or renders inaccurate any monitoring
device or method required to be maintained under the permit;
1.10.2.6.
The permittee fails to pay fees required under RAC§§2-118 and 2-119; or
15
1.10.2.7.
1.11.
The Administrator has found that cause exists to terminate the permit.
Property Rights [RAC 2-110(3)(e)]
This permit does not convey any property rights of any sort, or any exclusive privilege.
1.12.
Inspection and Entry [RAC 2-110(9)(b)]
Upon presentation of credentials and other documents as may be required by law, the
permittee shall allow authorized representatives of the Tribe or other authorized
representative to perform the following:
1.12.1. Enter upon the permittee’s premises where a source is located or 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)]
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;
2.3.1.2.
The replacement engine or turbine is of the same make, model,
horsepower rating, and configured to operate in the same manner as the
engine or turbine being replaced.
20
2.3.1.3.
The replacement engine or turbine meets all applicable requirements
identified in this permit that apply to the existing engine or turbine being
replaced.
2.3.1.4.
All applicable requirements that apply to the replacement engine or
turbine are already included in the permit. Replacement of an existing
engine or turbine identified in this permit with a new, modified, or
reconstructed engine must utilize a Minor Permit Revision as specified in
RAC 2-111(3) or a Significant Permit Revision as specified in RAC 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
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.
21
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.
2.5. Stratospheric Ozone and Climate Protection [40 CFR Part 82]
22
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
Reserved - New Source Performance Standards (NSPS) and 40 CFR Part 60
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
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)]
23
2.2. 40 CFR Part 63, Subpart ZZZZ – National Emission Standards for Hazardous
Air Pollutants for Stationary Reciprocating Internal Combustion Engines [40
CFR 63.6580 – 63.6675 and RAC 4-103]
This facility is subject to the requirements of 40 CFR Part 63, Subpart ZZZZ for existing
non-emergency SI 4SRB stationary reciprocating internal combustion engines (RICE)
with a site rating less than 100 brake horsepower located at a major source of hazardous
air pollutants (HAPs). Notwithstanding conditions in this permit, the permittee shall
comply with all applicable requirements of 40 CFR Part 63, Subpart ZZZZ.
2.2.1. Affected Sources
The following emission units are considered affected sources under 40 CFR Part
63, Subpart ZZZZ:
G-102 – Ford ESG-642 (4SRB SI) Natural Gas-Fired Generator Engine, 57 Site
Rated HP
[40 CFR 63.6585 & 63.6590]
2.2.2. Emission and Operating Limitations
2.2.2.1.
If you own or operate an existing stationary RICE with a site rating of
equal to or less than 500 brake HP located at a major source of HAP
emissions, you must comply with the emission limitations and other
requirements in Table 2c to this subpart which apply to you.
[40 CFR 63.6602]
Table 2c to Subpart ZZZZ of Part 63 – Requirements for Existing Spark Ignition Stationary RICE ≤ 500
HP Located at a Major Source of HAP Emissions
As stated in §§63.6600, 63.6602, and 63.6640, you must comply with the following requirements for existing
spark ignition stationary RICE ≤500 HP located at a major source of HAP emissions
For Each…
7. Non-Emergency,
non-black start
stationary SI RICE
<100 HP that are not
2SLB stationary RICE
You must meet the following requirements, except
during periods of startup…
a. Change oil and filter every 1,440 hours of
operation or within 1 year + 30 days of the previous
change, whichever comes first;2
b. Inspect spark plugs every 1,440 hours of operation
or within 1 year + 30 days of the previous inspection,
whichever comes first, and replace as necessary
During periods of startup you
must…
Minimize the engine’s time
spent at idle and minimize the
engine’s startup time at startup
to a period needed for
appropriate and safe loading of
the engine, not to exceed 30
minutes, after which time the
non-startup emission limitations
apply.3
c. Inspect all hoses and belts every 1,440 hours of
operation or within 1 year + 30 days of the previous
inspection, whichever comes first, and replace as
necessary3
2
Sources have the option to utilize an oil analysis program as described in §63.6625(i) or (j) in order to extend the
specified oil change requirement in table 2c of this subpart.
24
3
Sources can petition the Administrator pursuant to the requirements of 40 CFR 63.6(g) for alternative work
practices.
2.2.3. General Compliance Requirements
2.2.3.1.
You must be in compliance with the emission limitations, operating
limitations, and other requirements in this subpart that apply to you at all
times.
[40 CFR 63.6605(a)]
2.2.3.2.
At all times you must operate and maintain any affected source, including
associated air pollution control equipment and monitoring equipment, in a
manner consistent with safety and good air pollution control practices for
minimizing emissions. The general duty to minimize emissions does not
require you to make any further efforts to reduce emissions if levels
required by this standard have been achieved. Determination of whether
such operation and maintenance procedures are being used will be based
on information available to the Administrator which may include, but is
not limited to, monitoring results, review of operation and maintenance
procedures, review of operation and maintenance records, and inspection
of the source.
[40 CFR 63.6605(b)]
2.2.4. Monitoring, Instillation, Collection, Operation, and Maintenance
Requirements
2.2.4.1.
You must operate and maintain the stationary RICE and after-treatment
control device (if any) according to the manufacturer's emission-related
written instructions or develop your own maintenance plan which must
provide to the extent practicable for the maintenance and operation of the
engine in a manner consistent with good air pollution control practice for
minimizing emissions.
[40 CFR 63.6625(e)]
2.2.4.2.
You must minimize the engine's time spent at idle during startup and
minimize the engine's startup time to a period needed for appropriate and
safe loading of the engine, not to exceed 30 minutes, after which time the
emission standards applicable to all times other than startup in Table 2c to
this subpart.
[40 CFR 63.6625(h)]
2.2.4.3.
You have the option of utilizing an oil analysis program in order to extend
the specified oil and filter change requirement in table 2c. The oil analysis
must be performed at the same frequency specified for changing the oil
and filter in table 2c. The analysis program must at a minimum analyze the
25
following three parameters: Total Acid Number, viscosity, and percent
water content. The condemning limits for these parameters are as follows:
Total Acid Number increases by more than 3.0 milligrams of potassium
hydroxide (KOH) per gram from Total Acid Number of the oil when new;
viscosity of the oil has changed by more than 20 percent from the
viscosity of the oil when new; or percent water content (by volume) is
greater than 0.5. If all of these condemning limits are not exceeded, the
engine owner or operator is not required to change the oil and filter. If any
of the limits are exceeded, the engine owner or operator must change the
oil and filter within 2 business days of receiving the results of the analysis;
if the engine is not in operation when the results of the analysis are
received, the engine owner or operator must change the oil and filter
within 2 business days or before commencing operation, whichever is
later. The owner or operator must keep records of the parameters that are
analyzed as part of the program, the results of the analysis, and the oil and
filter changes for the engine. The analysis program must be part of the
maintenance plan for the engine.
[40 CFR 63.6625(j)]
2.2.5. Continuous Compliance Requirements
2.2.5.1.
You must demonstrate continuous compliance with each emission
limitation, operating limitation, and other requirements in Table 2c that
apply to you according to methods specified in Table 6 to this subpart.
[40 CFR 63.6640(a)]
Table 6 to Subpart ZZZZ of Part 63 – Continuous Compliance with Emission Limitations, and
Other Requirements
As stated in §63.6640, you must continuously comply with the emissions and operating limitations
and work or management practices as required by the following:
Complying with the
You must demonstrate
For Each…
requirement to…
continuous compliance by…
9. Existing non-emergency
a. Work or Management
i. Operating and maintaining the
stationary RICE <100 HP located practices
stationary RICE according to the
at a major source of HAP
manufacturer's emission-related
operation and maintenance
instructions; or
ii. Develop and follow your own
maintenance plan which must
provide to the extent practicable for
the maintenance and operation of
the engine in a manner consistent
with good air pollution control
practice for minimizing emissions.
2.2.5.2.
You must report each instance in which you did not meet each emission
limitation or operating limitation in Table 2c that apply to you. These
26
instances are deviations from the emission and operating limitations in this
subpart. These deviations must be reported according to the requirements
in §63.6650. If you change your catalyst, you must reestablish the values
of the operating parameters measured during the initial performance test.
When you reestablish the values of your operating parameters, you must
also conduct a performance test to demonstrate that you are meeting the
required emission limitation applicable to your stationary RICE.
[40 CFR 63.6640(b)]
2.2.5.3.
You must also report each instance in which you did not meet the
requirements in Table 8 to this subpart that apply to you.
[40 CFR 63.6640(e)]
2.2.6. Notifications, Reports, and Records
2.2.6.1.
You must keep the records required in Table 6 of this subpart to show
continuous compliance with each emission or operating limitation that
applies to you.
[40 CFR 63.6655(d)]
2.2.6.2.
You must keep records of the maintenance conducted on the stationary
RICE in order to demonstrate that you operated and maintained the
stationary RICE and after-treatment control device (if any) according to
your own maintenance plan.
[40 CFR 63.6655(e)]
2.2.6.2.1.
In order to demonstrate compliance with the maintenance
requirements, maintenance records will record the information
including, but not limited to, the following:
2.2.6.2.1.1.
Date the maintenance activity occurred.
2.2.6.2.1.2.
Hours of engine operation.
2.2.6.2.1.3.
Engine serial number.
2.2.6.2.1.4.
If an engine oil sample was pulled, if the engine oil analysis
program is allowed under §63.6625(j).
2.2.6.2.1.5.
If the engine oil was replaced.
2.2.6.2.1.6.
If the engine oil filter was replaced.
2.2.6.2.1.7.
If the belts were inspected or replaced.
27
2.2.6.2.1.8.
If the hoses were inspected or replaced.
2.2.6.2.1.9.
If the sparkplugs were inspected or replaced.
[RAC 2-110(6)]
2.2.6.3.
Records must be in a form suitable and readily available for expeditious
review according to §63.10(b)(1).
[40 CFR 63.6660(a)]
2.2.6.4.
As specified in §63.10(b)(1), you must keep each record for 5 years
following the date of each occurrence, measurement, maintenance,
corrective action, report, or record.
[40 CFR 63.6660(b)]
2.2.6.5.
You must keep each record readily accessible in hard copy or electronic
form for at least 5 years after the date of each occurrence, measurement,
maintenance, corrective action, report, or record, according to
§63.10(b)(1).
[40 CFR 63.6660(c)]
2.2.7. Other Requirements and Information
2.2.7.1.
Table 8 to this subpart shows which parts of the General Provisions in
§§63.1 through 63.15 apply to you.
[40 CFR 63.6665]
Table 8 to Subpart ZZZZ of Part 63—Applicability of General Provisions to Subpart ZZZZ
General
provisions
citation
§63.1
§63.2
§63.3
§63.4
§63.5
§63.6(a)
Applies
to
Explanation
subpart
General applicability of the General Provisions Yes.
Definitions
Yes
Additional terms defined in §63.6675.
Units and abbreviations
Yes.
Prohibited activities and circumvention
Yes.
Construction and reconstruction
Yes.
Applicability
Yes.
Compliance dates for new and reconstructed
§63.6(b)(1)-(4)
Yes.
sources
§63.6(b)(5)
Notification
Yes.
Compliance dates for new and reconstructed
§63.6(b)(7)
Yes.
area sources that become major sources
§63.6(c)(1)-(2)
Compliance dates for existing sources
Yes.
Compliance dates for existing area sources that
§63.6(c)(5)
Yes.
become major sources
§63.6(f)(2)
Methods for determining compliance
Yes.
§63.6(f)(3)
Finding of compliance
Yes.
Subject of citation
28
§63.6(g)(1)-(3)
§63.6(i)
§63.6(j)
Use of alternate standard
Compliance extension procedures and criteria
Presidential compliance exemption
Yes.
Yes.
Yes.
§63.7(a)(1)-(2)
Performance test dates
Yes
§63.7(a)(3)
CAA section 114 authority
Yes.
§63.7(b)(1)
Notification of performance test
Yes
§63.7(b)(2)
Notification of rescheduling
Yes
§63.7(c)
Quality assurance/test plan
Yes
§63.7(d)
Yes.
§63.7(h)
Testing facilities
Conduct of performance tests and reduction of
data
Test run duration
Administrator may require other testing under
section 114 of the CAA
Alternative test method provisions
Performance test data analysis, recordkeeping,
and reporting
Waiver of tests
§63.8(a)(1)
Applicability of monitoring requirements
Yes
§63.7(e)(2)
§63.7(e)(3)
§63.7(e)(4)
§63.7(f)
§63.7(g)
§63.8(a)(2)
§63.8(b)(1)
Performance specifications
Monitoring
Multiple effluents and multiple monitoring
§63.8(b)(2)-(3)
systems
§63.8(c)(1)
Monitoring system operation and maintenance
§63.8(c)(1)(ii) SSM not in Startup Shutdown Malfunction Plan
§63.8(c)(2)-(3)
Monitoring system installation
Yes
Except that §63.7(b)(1) only applies as
specified in §63.6645.
Except that §63.7(b)(2) only applies as
specified in §63.6645.
Except that §63.7(c) only applies as
specified in §63.6645.
Subpart ZZZZ specifies test methods
at §63.6620.
Yes.
Yes.
Yes.
Yes.
Yes.
Subpart ZZZZ contains specific
requirements for monitoring at
§63.6625.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
§63.8(c)(4)
Continuous monitoring system (CMS)
requirements
Yes
§63.8(c)(6)-(8)
CMS requirements
Yes
§63.8(d)
CMS quality control
Yes.
§63.8(e)
CMS performance evaluation
Yes
§63.8(f)(1)-(5)
Alternative monitoring method
Yes
§63.8(f)(6)
Alternative to relative accuracy test
Yes
§63.8(g)
Data reduction
Yes
29
Subpart ZZZZ contains performance
test dates at §§63.6610, 63.6611, and
63.6612.
Except that subpart ZZZZ does not
require Continuous Opacity
Monitoring System (COMS).
Except that subpart ZZZZ does not
require COMS.
Except for §63.8(e)(5)(ii), which
applies to COMS.
Except that §63.8(e) only applies as
specified in §63.6645.
Except that §63.8(f)(4) only applies as
specified in §63.6645.
Except that §63.8(f)(6) only applies as
specified in §63.6645.
Except that provisions for COMS are
not applicable. Averaging periods for
demonstrating compliance are
specified at §§63.6635 and 63.6640.
§63.9(a)
Applicability and State delegation of
notification requirements
Yes.
§63.9(b)(1)-(5)
Initial notifications
Yes
§63.9(c)
Request for compliance extension
Yes
§63.9(d)
Notification of special compliance requirements
for new sources
Yes
§63.9(e)
Notification of performance test
Yes
§63.9(g)(1)
Notification of performance evaluation
Yes
§63.9(g)(3)
Notification that criterion for alternative to
RATA is exceeded
Yes
§63.9(h)(1)-(6)
Notification of compliance status
Yes
§63.9(i)
§63.9(j)
Adjustment of submittal deadlines
Change in previous information
Administrative provisions for
recordkeeping/reporting
Yes.
Yes.
Record retention
Yes
§63.10(a)
§63.10(b)(1)
Yes.
§63.10(b)(2)(vi)(xi)
§63.10(b)(2)(xii)
Records
Yes.
Record when under waiver
Yes.
§63.10(b)(2)(xiii)
Records when using alternative to RATA
Yes
§63.10(b)(2)(xiv)
§63.10(b)(3)
Records of supporting documentation
Records of applicability determination
Yes.
Yes.
§63.10(c)
Additional records for sources using CEMS
Yes
§63.10(d)(1)
§63.10(d)(2)
§63.10(d)(4)
§63.10(e)(1) and
(2)(i)
General reporting requirements
Report of performance test results
Progress reports
Yes.
Yes.
Yes.
Additional CMS Reports
Yes.
§63.10(e)(3)
§63.10(f)
§63.12
§63.13
Excess emission and parameter exceedances
reports
Waiver for recordkeeping/reporting
State authority and delegations
Addresses
30
Except that §63.9(b)(3) is reserved.
Except that §63.9(b) only applies as
specified in §63.6645
Except that §63.9(c) only applies as
specified in §63.6645.
Except that §63.9(d) only applies as
specified in §63.6645.
Except that §63.9(e) only applies as
specified in §63.6645.
Except that §63.9(g) only applies as
specified in §63.6645.
If alternative is in use.
Except that §63.9(g) only applies as
specified in §63.6645.
Except that notifications for sources
using a CEMS are due 30 days after
completion of performance
evaluations. §63.9(h)(4) is reserved.
Except that §63.9(h) only applies as
specified in §63.6645.
Yes.
Yes.
Yes.
Yes.
Except that the most recent 2 years of
data do not have to be retained on site.
For CO standard if using RATA
alternative.
Except that §63.10(c)(2)-(4) and (9)
are reserved.
Except that §63.10(e)(3)(i) (C) is
reserved.
§63.14
Incorporation by reference
Yes.
§63.15
Availability of information
Yes.
Reserved – Tribal Minor New Source Review
Reserved – Prevention of Significant Deterioration Requirements
Reserved – Consent Decree Requirements
Reserved – Compliance Assurance Monitoring (CAM) Requirements
Enhanced Monitoring, Recordkeeping, and Reporting
7.1. Any documents required to be submitted under this Title V operating permit,
including but not limited to, reports, test data, monitoring data, notifications,
compliance certifications, fee calculation worksheets, and applications for renewals
and permit modifications shall be submitted to the Tribe:
by email at: airqualty@southernute-nsn.gov
or by United States Postal Service:
or by Common Carrier:
Part 70 Program
Environmental Programs Department
Air Quality Division
P.O. Box 737 MS #84
Ignacio, Colorado 81137
Part 70 Program
Environmental Programs Department
Air Quality Division
398 Ouray Drive
Ignacio, CO 81137
31
Section IV – Appendix
Inspection Information
1.1. Driving Directions:
From Hwy 550 and CR 310/318 going east, travel approximately 10 miles and turn right
at the dirt road. Traveling south 1.5 miles up Herrera Hill, stay to the right at the top of
the hill. At the next intersection, SU 151, go straight through and continue approximately
2.5 miles. The station will be on your right.
1.2. Global Positioning System (GPS):
Latitude: 37.044872 °N
Longitude: -107.731283 °W
1.3. Safety Considerations:
All visitors to the facility are expected to adhere to Red Cedar Gathering Company’s
safety policies. Policies of particular concern are those regarding Personal Protective
Equipment (PPE) and performance of Hot Work. As posted at the entrance to the station,
Red Cedar Gathering Company requires persons entering the site to wear a hard hat,
safety glasses, safety toe footwear, hearing protection, and fire-retardant clothing. Red
Cedar Gathering Company also requires a permit be issued prior to the performance of
any Hot Work at the station.
32
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.