Air Pollution Control (2024)
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Air Pollution Control
Title V Permit to Operate
Statement of Basis for Permit No. V-SUIT-0047-2024.00
December 30, 2024
Transit Waste, LLC
Bondad Recycling Center and Depository
Southern Ute Indian Reservation
La Plata County, Colorado
1. Facility Information
a. Location
The Bondad Recycling Center and Depository, owned and operated by Transit Waste, LLC (Transit
Waste), is located within the exterior boundary of the Southern Ute Indian Reservation. The exact
location is Section 31, T33N, R9W in La Plata County, at latitude North 37.055197 and longitude West
-107.862756. The mailing address is:
Transit Waste, LLC
Bondad Recycling Center and Depository
1500 County Road 318
Durango, CO 81301
b. Contacts
Facility Contact:
Theodore Risberg, III
Environmental Manager
Republic Services
8900 CO-93
Golden, CO 80403
(541) 230-0721
Responsible Official:
Theodore Risberg, III
Environmental Manager
Republic Services
8900 CO-93
Golden, CO 80403
(720) 695-3821
c. Description of Operations
According to Transit Waste’s application, the process of waste decomposition over time includes
complex microbial and biochemical reactions within the landfill’s interior after the waste has been
deposited. The first stage of refuse decomposition is rapid and continues until the entrained oxygen
within the refuse has been depleted. The mature stage of refuse decomposition is anaerobic. The two
primary constituents of landfill gas (LFG) during this phase are methane (CH 4) and carbon dioxide
(CO2). The landfill gas composition is typically about 45 percent CO 2 with the remaining 50 percent
being CH4. The production of LFG is a continuous process; it begins a few months after initial waste
placement and continues until microbial reactions are limited by substrate or moisture availability.
LFG production volumes are affected by the rate at which the solid waste is disposed. Production
volumes vary over the lifetime of the landfill but generally increase from year to year until the peak
volume is reached shortly after landfill closure. Other factors influencing production include climate
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(i.e., precipitation), overall moisture conditions within the landfill, types of solid waste accepted
(degradable vs. inert), etc.
The LFG picks up other constituents in relatively small concentrations as it travels through the refuse.
These include hydrogen sulfide, which can range from zero to several hundred parts per million (ppm),
non-methane organic compounds (NMOC) and volatile organic compounds (VOC), which can range
from several hundred to several thousand ppm. Some of the VOCs are hazardous air pollutants (HAPs).
The CH4 and CO2 in the LFG are greenhouse gas (GHG) emissions. These emissions are both fugitive
and non-fugitive.
Refuse hauling vehicles deliver non-hazardous residential, commercial, and industrial wastes to the
landfill. Refuse hauling vehicles and other in-site vehicles generate fugitive dust (particulate matter)
emissions while traveling on haul roads and other portions of the landfill site. To mitigate particulate
emissions at the site, these areas are watered using a water truck. The water truck moves at slow speeds
across the site, spraying a wide area with water to reduce particulate emissions.
Heavy equipment traffic travelling on roads and the landfill surface also generates fugitive particulate
emissions, and these emissions are also mitigated through the use of water application.
Excavation, transportation, stockpiling, and deposition of soil cover material on the landfill surface
generate fugitive particulate emissions and are controlled using the water truck.
Fugitive particulate emissions are generated by the effects of wind on cover stockpiles.
Diesel fuel, engine lubrication oil, antifreeze, and hydraulic fluid or oil are stored on-site. The facility
maintains one (1) 2000-gallon diesel storage tank, four (4) 300-gallon storage tanks, and five (5) 55gallon storage tanks. These sources emit fugitive VOC emissions.
d. List of All Units and Emission-Generating Activities
Transit Waste provided the information contained in Tables 1 and 2 in its part 70 permit renewal
application. Table 1 lists emission units and emission generating activities, including any air pollution
control devices. Emission units identified as “insignificant” emitting units (IEUs) are listed separately in
Table 2.
Table 1 – Emission Units
Transit Waste, LLC - Bondad Recycling Center and Depository
Emission
Unit ID
Description
Control
Equipment
E001
Landfill Gas Surface Emissions
None
E002
Fugitive Dust Emissions – Haul Roads / Landfill Surface
None
The Southern Ute Indian Tribe/State of Colorado Environmental Commission’s Reservation Air Code
allows sources to separately list in the permit application units or activities that qualify as “insignificant”
based on potential emissions below 2 tpy for all regulated pollutants that are not listed as hazardous air
pollutants (HAPs) under Section 112(b) of the Clean Air Act (CAA) and below 1,000 lbs per year or the
2
de minimis level established under Section 112(g), whichever is lower, for HAP emissions
[RAC 2-106(4)(f); RAC 1-103(36) and (37)]. However, the application may not omit information needed
to determine the applicability of, or to impose, any applicable requirement, or to calculate the fee
[RAC 2-106(4)(f)]. Units that qualify as “insignificant” for the purposes of the Part 70 application are in
no way exempt from applicable requirements or any requirements of the Part 70 permit.
Transit Waste stated in its Part 70 permit application that the emission units in Table 2, below, are
insignificant. The application provided emission calculations for landfill gases based on: The EPA’s
LandGem Version 3.02; fugitive dust emissions based on AP-42, Chapter 13; engine emission estimates
using AP-42 Chapter 3; and, storage tank emission estimates based on EPA Tanks 4.0.9d. These data and
calculations support Transit Waste’s claim that these units qualify as insignificant.
Table 2 – Insignificant Emission Units
Transit Waste, LLC - Bondad Recycling Center and Depository
Emission
Unit ID
Amount
Description
Size
Units
IE0001
1
2,000
gal
IE0002
3
300
gal
IE0003
5
55
gal
IE0004
FUG
1
Various
Diesel Storage Tank
Storage Tanks (Storing Engine Lubrication Oil, Antifreeze, Hydraulic
Fluid and / or Oil)
Storage Tanks (Storing Engine Lubrication Oil, Antifreeze, Hydraulic
Fluid and / or Oil)
Portable Diesel Engine for Landfill Tarp Machine
Unloading Cover Material / Wind Erosion of Cover Storage Piles
5
N/A
HP
N/A
e. Facility Construction and/or Permitting History
DATE
DESCRIPTION OF ACTION
PERMIT
NUMBER
June 1997
Commenced Operation
N/A
November 21, 2008
Initial Part 71 Permit Issued
# V-SU-0047-07.00
January 31, 2014
Initial Part 70 Permit Issued
Replaces EPA-Issued permit: V-SU-0047-07.00
# V-SUIT-0047-2014.00
August 12, 2019
1st Part 70 Permit Renewal
# V-SUIT-0047-2019.00
February 23, 2022
December 30, 2024
Minor Revision
Remove 40 CFR 60 Subpart WWW and replace
with 40 CFR Part 62, Subpart OOO
2nd Part 70 Permit Renewal
# V-SUIT-0047-2019.01
# V-SUIT-0047-2024.00
f. Potential to Emit
Under RAC 1-103(51), potential to emit (PTE) is defined as the maximum capacity of a stationary source
to emit a pollutant under its physical and operational design. Any physical or operational limitation on
the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on
hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated
as part of its design if the limitation, or the effect it would have on emissions, is federally enforceable.
The PTE for the Bondad Recycling Center and Depository was listed by Transit Waste in Forms “GIS”,
“PTE”, and the various forms “EMISS” of the Part 70 operating permit renewal application. Table 3
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shows PTE data broken down by each individual emission unit, as well as the total facility-wide PTE.
Table 3 - Potential to Emit
Transit Waste, LLC - Bondad Recycling Center and Depository
Regulated Air Pollutants
in tpy
Emission
Unit ID
NOX
VOC
SO2
PM101
PM2.51
CO
NMOC
Total
HAPs
GHGs
(CO2e tpy)
E001
0.00
13.35
0.00
0.00
0.00
0.00
34.24
2.84
100,528
E002
0.00
0.00
0.00
4.36
2.43
0.00
0.00
0.00
0.00
Total IEUs
0.05
0.01
0.00
0.03
0.02
0.01
0.00
0.00
0.00
TOTAL
0.05
13.36
0.00
4.39
2.45
0.01
34.24
2.84
100,528
1.
Emission unit E002 includes PM10 and PM2.5 emission estimates for both landfill equipment and unpaved roads.
2. Tribal Authority
Transit Waste’s Bondad Recycling Center and Depository is located within the exterior boundaries of the
Southern Ute Indian Reservation and is thus within Indian Country as defined at 18 U.S.C. §1151. On
March 2, 2012, EPA determined that the Southern Ute Indian Tribe of the Southern Ute Indian
Reservation had met the requirements of 40 CFR § 70.4(b) for full approval to administer its Clean Air
Act Title V, Part 70 Permitting Program (Program). In concert with that Program approval, EPA also
found that the Tribe met the requirements of Section 301(d)(2) of the CAA and 40 CFR § 49.6 for
treatment “in the same manner as a state” for the purposes of issuing CAA Title V, Part 70 operating
permits. EPA promulgated its approval of the Tribe’s applications on March 15, 2012 (77 FR 15267).
The requirements of the Clean Air Act Title V, Part 70 Permitting Program (Program) have been
incorporated at Article II, Part 1 of the Reservation Air Code. Therefore, the Southern Ute Indian Tribe is
the appropriate governmental entity to issue the Title V permit to this facility.
Reservation Air Code: The Reservation air Code was adopted pursuant to the authority vested in the
Southern Ute Indian Tribe/State of Colorado Environmental Commission by (1) the Intergovernmental
Agreement Between the Southern Ute Indian Tribe and the State of Colorado Concerning Air Quality
Control on the Southern Ute Indian Reservation dated December 13, 1999, (2) tribal law (Resolution of
the Council of the Southern Ute Indian Tribe # 00-09), (3) State law (C.R.S. § 24- 62-101), and (4) as
recognized in federal law (Act of October 18, 2004, Pub. L. No. 108-336, 118 Stat.1354).
NSPS and NESHAP Delegation: On September 6, 2013, the Southern Ute Indian Tribe received
delegation from the EPA to incorporate by reference into the Reservation Air Code and enforce certain
subparts of the New Source Performance Standards (NSPS) and National Emission Standards for
Hazardous Air Pollutants (NESHAP) under Sections 111 and 112 of the Clean Air Act, respectively (78
FR 40635). These NSPS and NESHAP subparts generally apply to oil and gas operations within the
exterior boundaries of the Southern Ute Indian Reservation and were adopted, unchanged, into the
Reservation Air Code as Parts 2 and 3.
Tribal Minor New Source Review Program: Minor sources of air pollution located within the Southern
Ute Indian Reservation exterior boundaries must comply with either the “Federal Implementation Plan for
Managing Air Emissions from True Minor Sources in Indian Country in the Oil and Natural Gas Sector”
listed at 40 CFR §49.101 – 105 or the “Federal Minor New Source Review Program in Indian Country”
listed at 40 CFR §49.151 – 164.
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3. Applicable Requirements
The following discussion addresses a selection of the regulations from the Code of Federal Regulations
(CFR) at Title 40. Note that this discussion does not include the full spectrum of potentially applicable
regulations and is not intended to represent official applicability determinations. These discussions are
based on the information provided by Transit Waste in its Part 70 permit renewal application and are
only intended to present the information certified to be true and accurate by the Responsible Official of
this facility.
The Bondad Recycling Center and Depository commenced construction before July 17, 2014 and has
exceeded a design capacity of 2.5 million cubic meters and 2.5 million Mg and therefore is subject to the
NSPS for MSW Landfills, promulgated under 40 CFR 62, Subpart OOO. However, under 40 CFR
70.3(c)(2) this section requires the permitting authority to include only applicable requirements for
emission units at a non-major source that cause the source to be subject to the Part 70 program.
Therefore, the Part 70 permit for the Bondad Recycling Center and Depository will include only the
requirements of 40 CFR Part 62, Subpart OOO until such time the facility exceeds the 34 megagrams per
year threshold for NMOC emissions.
Tribal Minor New Source Review (TMNSR) – 40 CFR Part 49
EPA promulgated the federal rule “Review of New Sources and Modifications in Indian Country,”
otherwise known as the Tribal Minor New Source Review Rule (TMNSR), on July 1, 2011 (76 FR
38748). The TMNSR rule applies to all new or modified industrial facilities in Indian country with a
potential to emit equal to or greater than the minor NSR thresholds, but less than the major source
thresholds, which are generally 100 to 250 tons per year (tpy). The minor NSR thresholds for
attainment/unclassifiable areas are displayed in the table below:
40 CFR 49.153 Minor NSR Thresholds
Minor NSR Thresholds for
Regulated NSR Pollutant
Attainment/Unclassifiable Areas in Tons Per
Year (TPY)
Carbon Monoxide (CO)
10
Nitrogen Oxides (NOx)
10
Sulfur Dioxide (SO2)
10
Volatile Organic Compounds (VOC)
5
PM10
5
PM2.5
3
Lead
0.1
Fluorides
1
Sulfuric Acid Mist
2
Hydrogen Sulfide (H2S)
2
Total Reduced Sulfur (including H2S)
2
Reduced Sulfur Compounds (including H2S)
2
Municipal Waste Combustor Emissions
10
Municipal Solid Waste Landfill Emissions
10
(measured as nonmethane organic compounds)
On June 11, 2024, the Southern Ute Indian Tribe received partial delegation of the Tribal Minor New
Source Review Program through the Agreement for Delegation of Partial Administrative Authority of
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Certain Federal Clean Air Act Indian Country Programs to the Southern Ute Indian Tribe by the United
States Environmental Protection Agency. The two federal Clean Air Act (CAA) Programs are: (l) the
Federal Implementation Plan for Managing Air Emissions from True Minor Sources in Indian Country in
the Oil and Natural Gas Production and Oil and Natural Gas Processing Segments of the Oil and Natural
Gas Sector (FIP), 40 Code of Federal Regulations (C.F.R.) Part 49, Subpart C, Sections 49.101 through
49.105 and (2) the Federal Minor New Source Review Program in Indian Country (MNSR), 40 C.F.R.
Part 49, Subpart C, Sections 49.151 through 49.164. Under the FIP, all new and modified true minor oil
and gas sources are required to register with the EPA to obtain coverage. Under the MNSR, minor
sources and minor modifications at an existing source are required to obtain a preconstruction permit
prior to beginning construction. The MNSR program provides a mechanism for a source to obtain
authorization to construct through a site-specific permit or to accept federally enforceable requirements
to become a “synthetic minor” source under NSR or the Title V permitting program. The program also
includes general permits for six source categories.
Future modifications at the Bondad Recycling Center and Depository will be subject to the TMNSR rule;
however, no TMNSR permits have been issued to this facility at this time.
Prevention of Significant Deterioration (PSD) - 40 CFR 52.21
PSD is a preconstruction review requirement of the CAA that applies to proposed projects that are
sufficiently large (in terms of emissions) to be a “major” stationary source or “major” modification of an
existing stationary source. A new stationary source, or a modification to an existing minor stationary
source, is major if the proposed project has the potential to emit any pollutant regulated under the CAA
in amounts equal to or exceeding specified major source thresholds, which are 100 tpy for 28 listed
industrial source categories and 250 tpy for all other sources. PSD also applies to modifications at
existing major sources that cause a “significant net emissions increase” at that source. Significance
levels for each pollutant are defined in the PSD regulations at 40 CFR 52.21. A modification is a
physical change or change in the method of operation.
The Bondad Recycling Center and Depository is not a PSD named source. Therefore, the PTE
threshold for determining PSD applicability for this source is 250 tpy for criteria pollutants. The
PTE of regulated pollutants at this facility are currently below the major source threshold of 250
tpy. Therefore, the Bondad Recycling Center and Depository is not subject to the
requirements of the PSD program at this time.
New Source Performance Standards (NSPS)
40 CFR Part 60, Subpart A: General Provisions. This subpart applies to the owner or operator of any
stationary source that contains an affected facility, the construction or modification of which is
commenced after the date of publication of any standard in Part 60. The general provisions under Subpart
A apply to sources that are subject to the specific subparts of Part 60.
The Bondad Recycling Center and Depository is not subject to the general provisions of Subpart A
because there no applicable requirements of 40 CFR 60. Therefore, the General Provisions of
Part 60 do not apply.
40 CFR Part 60, Subpart Cc: Emission Guidelines and Compliance Time for Municipal Solid Waste
Landfills (MSW). This rule applies to existing MSW landfills for which construction, reconstruction or
modification was commenced before May 30, 1991.
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According to Transit Waste, the Bondad Recycling Center and Depository commenced
construction in 1997 which post-dates the applicability of this rule. Therefore, Subpart Cc does
not apply.
40 CFR Part 60, Subpart WWW: Standards of Performance for Municipal Solid Waste Landfills That
Commenced Construction, Reconstruction or Modification on or After May 30, 1991, but Before July
18, 2014. This subpart applies to each municipal solid waste landfill that commenced construction,
reconstruction, or modification on or after May 30, 1991, but before July 18, 2014. An affected
municipal solid waste landfill must continue to comply with the subpart until it (1) becomes subject to
the more stringent requirements in an approved and effective state or federal plan that implements
Subpart Cf of Part 60 (emission guidelines and compliance times) for municipal solid waste or modifies
or reconstructs after July 17, 2014.
According to Transit Waste, LLC the Bondad Recycling Center and Depository is solid waste
landfill that commenced construction in June 1997, has not been modified or reconstructed after
July 17, 2014, and has become subject to an approved and effective federal plan that implements
Subpart Cf of part 60 with the promulgation of 40 CFR §62, Subpart OOO on May 21, 2021.
Therefore, Subpart WWW does not apply.
40 CFR Part 60, Subpart IIII: Standards of Performance for Storage Vessels for Stationary Compression
Ignition Internal Combustion Engines. This rule applies to owners and operators of stationary
compression ignition (CI) internal combustion engines (ICE) that commence construction after July 11,
2005.
According to Transit Waste, the Bondad Recycling Center and Depository does not have any
Stationary Compression Ignition Internal Combustion Engines. Therefore, Subpart IIII does not
apply.
40 CFR Part 60, Subpart JJJJ: Standards of Performance for Stationary Spark Ignition Internal
Combustion Engines. This subpart establishes emission standards and compliance requirements for the
control of emissions from stationary spark ignition (SI) internal combustion engines (ICE) that
commenced construction, modification or reconstruction after June 12, 2006, where the SI ICE are
manufactured on or after specified manufacture trigger dates. The manufacture trigger dates are based on
the engine type, fuel used, and maximum engine horsepower. For the purposes of this subpart, the date
that construction commences is the date the engine is ordered by the owner or operator (See 40 CFR
60.4230(a)).
According to the application submitted by Transit Waste, there are no SI stationary ICE engines
located and/or operated at the facility. Therefore, the requirements of Subpart JJJJ do not
apply.
40 CFR Part 60, Subpart XXX: Standards of Performance for Municipal Solid Waste Landfills That
Commenced Construction, Reconstruction, or Modification After July 17, 2014.
The Bondad Recycling Center and Depository is a municipal solid waste landfill that did not
commence construction, reconstruction, or modification on or after July 17, 2014. Therefore,
Subpart XXX does not apply.
National Emission Standards for Hazardous Air Pollutants (NESHAP)
7
40 CFR Part 61, Subpart A: General Provisions. This subpart contains national emissions standards
regulating specific hazardous air pollutants from source categories under the CAA. The general
provisions under Subpart A apply to sources that are subject to the specific subparts of Part 61.
40 CFR Part 61, Subpart M: National Emission Standards for Asbestos. This subpart was promulgated
on April 5, 1984 (49 FR 13661) and revised on November 20, 1990, (55 FR 48414) and applies to
asbestos mills, roadways, manufacturing, demolition and renovation, spraying, fabricating and insulating
with asbestos materials, and waste disposal. There are specific requirements for active waste disposal
sites.
According to Transit Waste, the Bondad Recycling Center and Depository accepts and disposes of
non-friable asbestos containing wastes. The facility is subject to the Standards for Active Waste
Disposal Sites under 40 CFR 61.154. However, under 40 CFR 70.3(c)(2), a permitting authority
may include only the applicable requirements for emission units at non-major sources that cause
the source to be subject to the Part 70 program. Therefore, the Bondad Recycling Center and
Depository is subject to the requirements of this rule, however, specific terms and conditions
will not be included in the Part 70 Federal Operating Permit.
Approval and Promulgation of State Plans for Designated Facilities and Pollutants
40 CFR 62, Subpart A: General Provisions. The Federal Plans apply to owners and operators of affected
facilities located in any State or portion of Indian country. The general provisions under Subpart A apply
to sources that are subject to the specific subparts of Part 62.
As explained below, the Bondad Recycling Center and Depository is subject 40 CFR Part 62,
Subpart OOO. Therefore, the General Provisions of Part 62 apply.
40 CFR Part 62, Subpart GGG: Federal Plan Requirements for Municipal Solid Waste Landfills That
Commenced Construction Prior to May 30, 1991, and Have Not Been Modified or Reconstructed Since
May 30, 1991.
The Bondad Recycling Center and Depository began operation in 1997 and has not been modified
or reconstructed. Therefore, Subpart GGG does not apply.
40 CFR Part 62, Subpart OOO: Federal Plan Requirements for Municipal Solid Waste Landfills That
Commenced Construction on or Before July 17, 2014, and Have Not Been Modified or Reconstructed
Since July 17, 2014. This subpart applies to each municipal solid waste landfill in each portion of Indian
country that commenced construction, reconstruction, or modification on or before July 17, 2014, and has
accepted waste at any time since November 8, 1987. The regulation promulgates a federal plan to
implement the emission guidelines and compliance times for municipal solid waste landfills.
According to Transit Waste, LLC the Bondad Recycling Center and Depository is a solid waste
landfill that commenced construction in June 1997. Therefore, Subpart OOO does apply.
National Emission
(NESHAP/MACT)
Standards
for
Hazardous
Air
Pollutants
for
Source
Categories
40 CFR Part 63, Subpart A: General Provisions. This subpart contains national emissions standards for
HAPs that regulate specific categories of sources that emit one or more HAP regulated pollutants under
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the CAA. The general provisions under Subpart A apply to sources that are subject to the specific
subparts of Part 63.
The Bondad Recycling Center and Depository is not subject to the general provisions of Subpart A
because there no applicable requirements of 40 CFR 63. Therefore, the General Provisions of
Part 63 do not apply.
40 CFR Part 63, Subpart AAAA: National Emission Standards for Hazardous Air Pollutants: Municipal
Solid Waste Landfills. This subpart was promulgated on January 16, 2003, (68 FR 2238) and applies to
MSW landfills that have accepted waste since November 8, 1987 or have additional capacity for waste
deposition and meet any one of three criteria: (1) the MSW landfill is a major source as defined in 40 CFR
63.2 of Subpart A; (2) the MSW landfill is collocated with a major source as defined in 40 CFR 63.2 of
Subpart A; or (3) the MSW landfill is an area source landfill that has a design capacity equal to or greater
than 2.5 million megagrams and 2.5 million cubic meters and has estimated uncontrolled emissions
equal to or greater than 50 megagrams per year of non-methane organic compounds (NMOC).
According to Transit Waste, the Bondad Recycling Center and Depository has a design capacity
greater than 2.5 million megagrams and 2.5 million cubic meters but does not currently emit
NMOC emissions equal to or greater than 50 megagrams per year and is not a major source of
HAPs or collocated with a major source of HAPs. Transit Waste estimates the Bondad Recycling
Center and Depository will not exceed the 50 megagram per year threshold for NMOC emissions
during the permit period. If the Bondad Recycling Center and Depository exceeds the threshold,
as outlined in this subpart, and as calculated using the methodology in §60.754, Transit Waste will
need to submit an application for a permit revision to incorporate the requirements of Subpart
AAAA. Therefore, the requirements of this subpart do not apply at this time.
40 CFR Part 63, Subpart ZZZZ (RICE MACT): National Emission Standards for Hazardous Air
Pollutants for Stationary Reciprocating Internal Combustion Engines. This rule establishes national
emission limitations and operating limitations for HAPs emitted from stationary spark ignition internal
combustion engines (SI ICE) and stationary compression ignition internal combustion engines (CI ICE).
According to Transit Waste, there are no Stationary Reciprocating Internal Combustion Engines
operating at the Bondad Recycling Center and Depository. Therefore, the requirements of
Subpart ZZZZ do not apply.
Compliance Assurance Monitoring (CAM) Rule
40 CFR Part 64: Compliance Assurance Monitoring Provisions. According to 40 CFR 64.2(a), the CAM
rule applies to each Pollutant Specific Emission Unit (PSEU) at a major source that is required to obtain a
Part 70 or Part 71 permit if the unit satisfies all of the following criteria:
1)
The unit is subject to an emission limitation or standard for the applicable regulated air pollutant
other than an emissions limitation or standard that is exempt under §64.2(b)(1);
Ҥ64.2(b)(1): Exempt emission limitations or standards. The requirements of this part shall not
apply to any of the following emission limitations or standards:
(i)
(ii)
Emission limitations or standards proposed by the Administrator after November 15, 1990
pursuant to Section 111 or 112 of the Act;
Stratospheric ozone protection requirements under Title VI of the Act;
9
(iii)
(iv)
(v)
(vi)
Acid Rain Program requirements pursuant to Sections 404, 405, 406, 407(a), 407(b) or
410 of the Act;
Emissions limitations or standards or other applicable requirements that apply solely
under an emissions trading program approved or promulgated by the Administrator under
the Act that allows for trading emissions with a source or between sources;
An emissions cap that meets the requirements specified in §70.4(b)(12) or §71.6(a)(13)(iii)
of this chapter;
Emission limitations or standards for which a Part 70 or 71 permit specifies a continuous
compliance determination method, as defined in §64.1.”
Ҥ64.1: Continuous compliance method means a method, specified by the applicable standard or
an applicable permit condition, which:
(1) Is used to determine compliance with an emission limitation or standard on a continuous
basis, consistent with the averaging period established for the emission limitation or standard;
and
(2) Provides data either in units of the standard or correlated directly with the compliance limit.”
2)
The unit uses a control device to achieve compliance with any such limit or standard; and
3)
The unit has pre-control device emissions of the applicable regulated pollutant that are equal to or
greater than 100% of the amount, in tons per year, required for a source to be classified as a major
source.
According to Transit Waste, the CAM rule does not apply to any of the emission units at the
Bondad Recycling Center and Depository as the pre-control emissions for each unit are less than
the major source threshold. Therefore, CAM does not apply.
Chemical Accident Prevention Program
40 CFR Part 68: Chemical Accident Prevention Provisions. This rule applies to stationary sources that
manufacture, process, use, store, or otherwise handle more than the threshold quantity of a regulated
substance in a process. Regulated substances include 77 toxic and 63 flammable substances which are
potentially present in the natural gas stream entering the facility and in the storage vessels located at the
facility. The quantity of a regulated substance in a process is determined according to the procedures
presented under §68.115. §68.115(b)(l) and (2)(i) indicate that toxic and flammable substances in a
mixture do not need to be considered when determining whether more than a threshold quantity is present
at a stationary source if the concentration of the substance is below one percent by weight of the mixture.
§68.115(b)(2)(iii) indicates that prior to entry into a natural gas processing plant, regulated substances in
naturally occurring hydrocarbon mixtures need not be considered when determining whether more than a
threshold quantity is present at a stationary source. Naturally occurring hydrocarbon mixtures include
condensate, field gas, and produced water.
According to Transit Waste, the Bondad Recycling Center and Depository does not have regulated
substances above the threshold quantities in this rule. Therefore, the facility is not subject to
the requirement to develop and submit a risk management plan.
Stratospheric Ozone and Climate Protection
10
40 CFR Part 82, Subpart F: Air Conditioning Units. The Bondad Recycling Center and Depository has
an air conditioning unit that qualifies as a small appliance with less than 5 pounds of refrigerant that has
been sealed by the manufacturer. The unit is located in the gatehouse and is used for human comfort.
According to Transit Waste, no maintenance, service, repair, or disposal of any equipment containing
Class I or Class II refrigerants chlorofluorocarbons (CFCs)) occurs at the Bondad Recycling Center and
Depository. However, if Transit Waste were to engage in any of the afore mentioned activities it must
comply with the standards of part 82, Subpart F for recycling and emissions reduction if they service,
maintain, or repair the air conditioning units in any way or if they dispose of the units.
40 CFR Part 82, Subpart H: Halon Fire Extinguishers. According to Transit Waste, there are no halon
fire extinguishers at the Bondad Recycling Center and Depository. However, should Transit Waste obtain
any halon fire extinguishers, then it must comply with the standards of 40 CFR Part 82, Subpart H for
halon emissions reduction, if it services, maintains, tests, repairs, or disposes of equipment that contains
halon or uses such equipment during technician training. Specifically, Transit Waste would be required to
comply with 40 CFR Part 82 and submit an application for a modification to this Title V permit.
Mandatory Greenhouse Gas Reporting
40 CFR Part 98: Mandatory Greenhouse Gas Reporting. This rule requires sources above certain
emission thresholds to calculate, monitor, and report greenhouse gas emissions. The requirements of 40
CFR Part 98 and CAA §307(d)(1)(V), the CAA authority under which 40 CFR Part 98 was promulgated,
however, need not be included in a tribal-issued part 70 permit because those requirements are not
included in the definition of “applicable requirement” in either 40 CFR part 70 or RAC 1-103(11).
Although the rule is not an applicable requirement under 40 CFR Part 70 or the RAC, the source is not
relieved from the requirement to comply with the rule separately from compliance with its Part 70
operating permit. It is the responsibility of each source to determine whether Part 98 is applicable and to
comply, if necessary.
4. Public Participation
a. Public Notice
Per RAC §2-109, all Part 70 draft operating permits shall be publicly noticed and made available for
public comment. Public notice is given by publication in a newspaper of general circulation in the area
where the source is located or in a state publication designed to give general public notice, to persons on a
mailing list developed by the Tribe, including those who request in writing to be on the list, and by other
means if necessary to assure adequate notice to the affected public. If an interested person would like to
be added to the Tribe’s mailing list to be informed of future actions on permits issued by the Tribe, please
send your name and address:
by United State Postal Service to:
by any other delivery service to:
Part 70 Permitting Contact
Southern Ute Indian Tribe
Environmental Programs Department
PO Box 737 MS #84
Ignacio, Colorado 81137
Part 70 Permitting Contact
Southern Ute Indian Tribe
Environmental Programs Department
398 Ouray Drive
Ignacio, Colorado 81137
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Public notice for the draft permit was published in the Durango Herald, and the Southern Ute Drum on
October 4, 2024, in order to provide opportunity for public comment on the draft permit and the
opportunity to request a public hearing.
b. Opportunity for Comment
Members of the public were given an opportunity to review a copy of the draft permit prepared by the
Tribe, the application, the statement of basis for the draft permit, and all supporting materials for the draft
permit. Copies of these documents were on the Southern Ute Air Quality Division webpage at
https://www.southernute-nsn.gov/justice-and-regulatory/epd/air-quality/, and at:
Southern Ute Indian Tribe
Environmental Programs Department
Air Quality Division
71 Mike Frost Way
Ignacio, Colorado 81137
All documents were available for review at the Southern Ute Indian Tribe’s Environmental Programs
Department office Monday through Friday from 9:00 a.m. to 4:00 p.m. (excluding holidays).
Any interested person was given the opportunity to submit written comments on the draft Part 70
operating permit during the public comment period. The Tribe has considered and addressed comments
in making a final decision on the permit. The Tribe keeps a record of the commenters and of the issues
raised during the public participation process.
Anyone, including the applicant, who believed any condition of the draft permit was inappropriate, could
raise all reasonably ascertainable issues and submit all arguments supporting his or her position by the
close of the public comment period. Any supporting materials submitted must have been included in full
and may not have been incorporated by reference, unless the material had already been submitted as part
of the administrative record in the same proceeding or consisted of Environmental Commission, tribal,
state or Federal statutes and regulations, EPA documents of general applicability, or other generally
available reference material.
c. Opportunity to Request a Hearing
A person may submit a written request for a public hearing to the Part 70 Permit Contact at the addresses
listed above, by stating the nature of the issues to be raised at the public hearing. Based on the number of
hearing requests received, the Tribe will hold a public hearing whenever it finds there is a significant
degree of public interest in a draft operating permit. The Tribe will provide public notice of the public
hearing. If a public hearing is held, any person may submit oral or written statements and data concerning
the draft permit.
d. Public Petitions to the Administrator
In the event the Administrator of the United States Environmental Protection Agency does not object to
issuance of the permit, on the basis that it would not be in compliance with applicable requirements,
within its 45-day review period, any person may then petition the Administrator within 60 days after the
expiration of the Administrator’s 45-day review period to make such objection. 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 the administrator
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objects to a permit as a result of this petition, the Tribe shall not issue the permit until the Administrator’s
objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or
its requirements if the permit was issued after the end of the 45-day review period and before the
Administrator’s objection.
e. Appeal of Permits
Within 60 days after the Tribe’s final permit action, an applicant, any person who filed comments on the
draft permit or participated in the public hearing, and any other person who could obtain judicial review
of that action under applicable law, may appeal to the Environmental Commission in accordance with
RAC 2-109(8) and the Commission’s Procedural Rules.
Petitions for administrative review of final permit actions can be filed after the deadline designated by the
Commission only if they are based solely on grounds arising after the deadline for administrative review
has passed. Such petitions shall be filed no later than 60 days after the new grounds for review arise. If
the final permit action being challenged is the Tribe’s failure to take final action, a petition for
administrative review may be filed any time before the Tribe denies or issues the final permit.
f. Notice to Affected States/Tribes
As described in RAC § 2-109(3), public notice will be given by notifying all affected programs.
The following entities will be notified:
State of Colorado, Department of Public Health and Environment
State of New Mexico, Environment Department
Ute Mountain Ute Tribe, Environmental Programs Department
Navajo Tribe, Navajo Nation EPA
Jicarilla Tribe, Environmental Protection Office
National Park Service, Air Resources Division, Denver, CO
U.S. Department of Agriculture, United States Forest Service, Rocky Mountain
Region
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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.