# AIR QUALITY DIVISION (2024) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Asouthern_ute%3Ab7576853017e4100 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text AIR QUALITY DIVISION Environmental Programs Department Southern Ute Indian Tribe PO Box 737 MS#84 Ignacio, CO 81137 Phone 970-563-4705 http://www.southernute-nsn.gov/environmental-programs/air-quality 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Asouthern_ute%3Ab7576853017e4100. Public record. Not legal advice.