# AIR QUALITY DIVISION (2025) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Asouthern_ute%3Acd178ad6b50d7be1 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text AIR QUALITY DIVISION Environmental Programs Department Southern Ute Indian Tribe PO Box 737 MS#84 Ignacio, CO 81137 Phone 970-563-4705 http://www.southernute-nsn.gov/environmental-programs/air-quality December 23, 2025 Mr. Kyle Hunderman Senior Environmental Compliance Specialist – Air Quality Red Cedar Gathering Company 125 Mercado St., Suite 201 Durango, CO 81301 RE: Part 70 Operating Permit – Permit Renewal Title V Permit # V-SUIT-0049-2025.00 Red Cedar Gathering Company Sambrito Compressor Station Mr. Hunderman, 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 Sambrito Compressor Station. Based on the information submitted in Red Cedar’s application, the AQD hereby issues the enclosed Title V Permit to Operate. The final permit will become effective on December 23, 2025. A 30-day public comment period was held from August 8, 2025, to September 7, 2025. The AQD received comments from Red Cedar during this time. No comments were received from the public, affected states, or tribes. Following the 30-day public comment period, the AQD made the following changes: 1. Section III.1.1. – Removed paragraphs III.1.1.4.2., III.1.1.6.5.1., III.1.1.6.5.2., III.1.1.6.6., and III.1.1.6.7. 2. Section III.2.1. – Replaced the term “12-month period” with “calendar year”. Additionally, the AQD updated the bracketed notation to state that Red Cedar has elected to model emissions according to alternative test method ALT-147. 3. Section III.2.2. – Removed paragraphs III.2.2.6.3.2.1. and III.2.2.6.3.2.2. For a more detailed discussion of these comments and the resultant changes, please review the Response to Comments document attached to this permit. A 45-day Administrative Review period at EPA Region 8 was held from November 6, 2025, to December 22, 2025. No comments were received from EPA Region 8 during this review period. Pursuant to RAC §2-109(8), within 60 days after the final permit has been issued, the applicant, any person who participated in the public comment process and is aggrieved by the action, and any other person who could obtain judicial review of that action under applicable law, may appeal to the Environmental Commission in accordance with the Southern Ute Indian Tribe/State of Colorado Environmental Commission’s Reservation Air Code (RAC) and the Commission’s Procedural Rules. Additionally, the regulations at RAC §2-109(7) specify that any person may petition the EPA Administrator within 60 days after the expiration of the Administrator’s 45-day review period to make an objection that the permit would not be in compliance with applicable requirements. Any such petition must be based only on objections to the permit that were raised with reasonable specificity during the public comment period unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objections arose after such period. If you have any questions concerning the enclosed permit, please feel free to contact me. Sincerely, Mark Lamoreaux Air Quality Scientist II - Permitting Southern Ute Indian Tribe (970) 563-2273 mlamoreaux@southernute-nsn.gov Cc: US EPA Region 8 - r8airpermitting@epa.gov AIR QUALITY DIVISION ENVIRONMENTAL PROGRAMS DEPARTMENT SOUTHERN UTE INDIAN TRIBE PO BOX 737, MS 84, IGNACIO, CO 81137 (970) 563 – 4705 ∙ (970) 563 – 0384 FAX December 23, 2025 Response to Comments Document Operator: Red Cedar Gathering Company Facility: Sambrito Compressor Station Permit Action: Title V Operating Permit Renewal Comments From Red Cedar Gathering Company Received on Draft Title V Operating Permit V-SUIT-0049-2025.00 I. Permit Provision III.1.1.: 40 CFR Part 60, Subpart JJJJ – Standards of Performance for Stationary Spark Ignition Internal Combustion Engines [40 CFR 60.4230 - 60.4248, RAC 3-102] Comment #1:  Provision III.1.1.4.2. - This paragraph does not apply and should be removed. Unit E-2400 (Sambrito) is a 4SLB engine and it’s emissions are therefore not controlled using three-way catalysts/non-selective reduction. AQD’s Response #1:  The AQD verified there are no three-way catalysts/non-selective catalysts installed at the Sambrito Compressor Station. The requested change has been made. Comment #2:  Provision III.1.1.6.5.1. & III.1.1.6.5.2. - This paragraph is unnecessary. Beyond describing EPA's preferred CBI submittal methods, of which Red Cedar is aware, this paragraph does not serve a purpose in an operating permit. Indeed, since the permittee must annually certify compliance with "all permit terms and conditions" [I.1.2.2.1] of the permit, informational paragraphs like these could feasibly lead to unnecessary permit deviations should the CBI process not occur in the exact manner described. AQD’s Response #2:  The requested changes have been made. Comment #3:  Provision III.1.1.6.6-7. - These paragraphs are unnecessary. Beyond describing how the permittee "may" handle an EPA system outage or assert force majeure, of which Red Cedar is aware, this paragraph does not serve a purpose in an operating permit. Indeed, since the permittee must annually certify compliance with "all permit terms and conditions" [I.1.2.2.1] of the permit, informational paragraphs like these could feasibly lead to unnecessary permit deviations should the process not occur in the exact manner described. AQD’s Response #3:  The requested changes have been made. II. Permit Provision III.2.1.: 40 CFR Part 63, Subpart HH – National Emission Standards for Hazardous Air Pollutants From Oil and Natural Gas Production Facilities [40 CFR 63.760 - 63.779, RAC 4-103] Comment #4:  Provision III.2.1.1. - We suggest revising the phrase "within a 12-month period" to "during the calendar year" because the former is undefined, the start and end dates of "a 12-month period" may describe any time in history so long the dates bound a period spanning 12-months, and the paragraph's requirements are otherwise based upon an "at least once per calendar year" frequency. Therefore, it follows that the allowable gas samples to be used for emissions modeling should be limited to those obtained during the same calendar year for which emissions are calculated. In addition, on September 23, 2024, Red Cedar submitted a notification of intent to use alternative test method ALT-147. Therefore, Red Cedar requests the italicized paragraph be corrected to clarify that ProMax has indeed elected to model emissions according to the alternative method. Suggested language: The permittee must obtain an extended wet gas analysis of the inlet gas stream at least once per calendar year. The gas sample shall be taken at a point prior to where the gas enters the dehydration system contact tower. The analysis shall include the gas temperature and pressure at which the sample was taken. The gas analysis results and corresponding temperature and pressure documented during collection of the gas sample must be used to determine the actual average benzene emissions annually, in accordance with §63.772(b)(2)(i) or (ii). If electing to make this demonstration according §63.772(b)(2)(i), using the GRI-GLYCalcTM model, the permittee shall perform each model run using a single gas analysis and the corresponding temperature and pressure documented during collection of the gas sample. The permittee may elect to average the results of multiple GRIGLYCalcTM model runs to determine in determining actual annual average benzene emissions annually, if multiple gas samples were are collected during the calendar year within a 12-month period. [The permittee has elected to model emissions according to alternative test method ALT-147. If applying the use of ProMax® (ProMax), Red Cedar should continue to The permittee shall adhere to the requirements of Subpart HH language as written in their current permits with the exception that using ProMax Version 5.0 or higher may be used in place of GRIGLYCalc for the specific provisions identified in the EPA approval memo until receiving AQD approval to use a different method. The use of ProMax is an alternative EPA approved method (ALT-147). Should Red Cedar elect to use ProMax as an alternative method, Red Cedar may not use another method until receiving AQD approval.] AQD’s Response #4:  The AQD recognizes the inconsistency in both “calendar year” and “12-month period” within the same provision. The AQD has revised the provision by replacing “12-month period” with “calendar year”. The requested change has been made. Red Cedar submitted a notice of intent to use ProMax in September 2024. Red Cedar used ProMax in their December 2024 Sambrito Title V renewal application to determine the actual average benzene emissions and applicability to 40 CFR Part 63, Subpart HH, triggering the requirement1 to continue to use ProMax until Red Cedar receives an additional approval to use another method. The AQD has revised the bracketed notation as follows: [The permittee has elected to model emissions according to alternative test method ALT147. The permittee shall adhere to the requirements of Subpart HH language as written in their current permits with the exception that ProMax Version 5.0 or higher will be used in place of GRI-GLYCalc for the specific provisions identified in the EPA approval memo until receiving AQD approval to use a different method.] III. Permit Provision III.2.2.: 40 CFR Part 63, Subpart ZZZZ – National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines [40 CFR 63.6580 - 63.6675, RAC 4-103] Comment #5:  Provision III.2.2.6.3.2.1. & III.2.2.6.3.2.2. - This paragraph is unnecessary. Beyond describing EPA's preferred CBI submittal methods, of which Red Cedar is aware, this paragraph does not serve a purpose in an operating permit. Indeed, since the permittee must annually certify compliance with "all permit terms and conditions" [I.1.2.2.1] of the permit, informational paragraphs like these could feasibly lead to unnecessary permit deviations should the CBI process not occur in the exact manner described. AQD’s Response #5:  The requested changes have been made. 1 Letter from Steffan Johnson, Group Leader, Measurement Technology Group, U.S. EPA Office of Air Quality Planning and Standards, to Josh Ravichandran, Bryan Research & Engineering, LLC, Re: Response to request for broad source category-wide approval for use of Bryan Research & Engineering’s process simulation software, ProMax® (ProMax) in lieu of the GRIGLYCalc™ software (GLYCalc) for modeling glycol dehydration unit emissions in demonstrating compliance with 40 CFR part 63, subpart HH, National Emission Standards for Hazardous Air Pollutants from Oil and Gas Production Facilities (Subpart HH). March 31, 2022. Available at https://www.epa.gov/system/files/documents/2022-03/ravichandran-bre-promaxaltfinal_147_signed.pdf and in the docket for this rulemaking, Docket Id. No. EPA-HQ-OAR2023-0234 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 Sambrito 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 3, T32N, R6W La Plata County, Colorado Terms not otherwise defined in this permit have the meaning assigned to them in the referenced regulations. All terms and conditions of the permit are enforceable by the Tribe and citizens under the Clean Air Act. Daniel Powers, Air Quality Division Head Environmental Programs Department Southern Ute Indian Tribe AIR POLLUTION CONTROL TITLE V PERMIT TO OPERATE Red Cedar Gathering Company Sambrito Compressor Station SUIT Account Identification Code: 2-028 Permit Number: V-SUIT-0049-2025.00 [Replaces Permit No.: V-SUIT-0049-2019.03] Issue Date: Revised Date: Expiration Date: December 23, 2025 N/A December 23, 2030 The SUIT account identification code and permit number cited above should be referenced in future correspondence regarding this facility. Permit Issuance History DATE TYPE OF ACTION DESCRIPTION OF ACTION PERMIT NUMBER September 2009 Permit Issued Initial Part 71 Permit Issued # V-SU-0049-08.00 Administrative Amendment # V-SU-0049-08.01 Significant Modification # V-SU-00049-2008.02 Minor Modification # V-SU-00049-2008.03 Synthetic Minor NSR Permit Issued # SMNSR-SU000049-2011.001 November 2009 February 2011 November 2011 June 2014 Permit Revision Permit Revision Permit Revision Permit Issued Initial Part 70 Permit Issued • Replaces EPA issued permit: V-SU-00049-2008.01 Administrative Permit Revision Permit • Section I.B. – Source Emission Points – Table 1 – Emission May 23, 2016 Revision Units: Corrected serial numbers for emission units C-2100 and C-2200 Minor Permit Revision • Section I.2. – Source Emission Points – Table 1 – Emission Units: Added emission Unit C-2500 – Construction authorized by TMNSR permit # SMNSR-SU-000049Permit 2011.001. February 20, 2019 Revision • Section III.1. – 40 CFR 60 Subpart OOOOa: Added applicable requirements • Section III.2. – 40 CFR 63 Subpart ZZZZ: Added C-2500 to applicable requirements 1st Part 70 Renewal Permit Issued • Replaces: V-SUIT-0049-2015.02 Renewal November 30, 2020 • Reclassified emission unit G-5500 as an emergency Permit Issued stationary RICE and revised Subpart ZZZZ • Revised Subpart HH Administrative Administrative Permit Revision September 29, 2023 Revision • Replaces SMNSR-SU-000049-2011.001 Administrative Permit Revision Administrative October 23, 2023 • Revised formatting of SMNSR-SU-000049-2023.002b Revision section per Red Cedar’s request Minor Minor Permit Revision May 28, 2024 Revision • Updated Subpart JJJJ and Subpart ZZZZ applicability for EJanuary 2015 Permit Issued # V-SUIT-0049-2015.00 # V-SUIT-0049-2015.01 # V-SUIT-0049-2015.02 # V-SUIT-0049-2019.00 # V-SUIT-0049-2019.01 # V-SUIT-0049-2019.02 # V-SUIT-0049-2019.03 2300 following an engine exchange. Section II.1.13. – Emergency Situations. Removed affirmative defense provisions. • Section III.1.2. – 40 CFR Part 60, Subpart OOOOa. Updated provisions to align with current Code of Federal Regulations. • December 23, 2025 Renewal Permit Issued 2nd Part 70 Renewal Permit Issued # V-SUIT-0049-2025.00 Table of Contents Abbreviations and Acronyms ................................................................................................................................. 3 Section I – Source Information and Emission Unit Identification ............................................................................ 6 Source Information ..........................................................................................................................................6 Source Emission Points ....................................................................................................................................7 Section II – General Requirements ......................................................................................................................... 8 Title V Administrative Requirements ...............................................................................................................8 1.1. Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118] ........................................................................8 1.2. Compliance Requirements ..................................................................................................................10 1.3. Duty to Provide and Supplement Information [RAC 2-110(7)(e), 2-106(5), and 2-124] ....................12 1.4. Submissions [RAC 2-105] .....................................................................................................................12 1.5. Severability Clause [RAC 1-106 and RAC 2-110(1)(f)] .........................................................................13 1.6. Permit Actions [RAC 2-110(3)] ............................................................................................................13 1.7. Administrative Permit Revision [RAC 2-111(2)] .................................................................................13 1.8. Minor Permit Revisions [RAC 2-111(3)] ..............................................................................................13 1.9. Significant Permit Revisions [RAC 2-111(4)] .......................................................................................14 1.10. Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2-112] .........................15 1.11. Property Rights [RAC 2-110(3)(e)] .......................................................................................................16 1.12. Inspection and Entry [RAC 2-110(9)(b)] ..............................................................................................16 1.13. [Reserved] ............................................................................................................................................16 1.14. Permit Transfers [RAC 2-113] ..............................................................................................................16 1.15. Off-Permit Changes [RAC 2-116(2)].....................................................................................................17 1.16. Permit Expiration and Renewal ..........................................................................................................17 Facility-Wide Requirements...........................................................................................................................18 2.1. General Recordkeeping Requirements [RAC 2-110(6)] ......................................................................18 2.2. General Reporting Requirements .......................................................................................................19 2.3. Alternative Operating Scenarios [RAC 2-110(8)] ................................................................................20 2.4. Permit Shield [RAC 2-110(10)(c)].........................................................................................................22 2.5. Stratospheric Ozone and Climate Protection [40 CFR Part 82] ..........................................................23 Section III – Site Specific Permit Terms ................................................................................................................ 23 New Source Performance Standards (NSPS) and 40 CFR Part 60 ..................................................................23 1.1. 40 CFR Part 60, Subpart JJJJ – Standards of Performance for Stationary Spark Ignition Internal Combustion Engines [40 CFR 60.4230 – 60.4248 and RAC §3-102] ..................................................................23 1.2. 40 CFR Part 60, Subpart OOOOa – Standards of Performance for Crude Oil and Natural Gas Facilities for which Construction, Modification or Reconstruction Commenced After September 18, 2015, and On or Before December 6, 2022 [40 CFR 60.5360a - 60.5439a and RAC 3-102] .......................................34 National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR Part 63 ...........................61 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] .............................................61 2.2. 40 CFR Part 63, Subpart ZZZZ – National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines [40 CFR 63.6580 – 63.6675 and RAC 4-103] ...............................61 Tribal Minor New Source Review...................................................................................................................83 1 3.1. 40 CFR Part 49 – Synthetic Minor New Source Review Permit Requirements [SMNSR-SU-0000492023.002b] .........................................................................................................................................................83 Reserved – Prevention of Significant Deterioration Requirements .............................................................100 Reserved – Consent Decree Requirements ..................................................................................................100 Reserved – Compliance Assurance Monitoring (CAM) Requirements .........................................................100 Enhanced Monitoring, Recordkeeping, and Reporting................................................................................100 Section IV – Appendix ........................................................................................................................................ 102 Inspection Information ................................................................................................................................102 1.1. Driving Directions: .............................................................................................................................102 1.2. Global Positioning System (GPS): .....................................................................................................102 1.3. Safety Considerations: ......................................................................................................................102 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: Sambrito Compressor Station Facility Location: Section 3, T32N, R6W Latitude: 37.044220 °N Longitude: State: -107.493350 °W Colorado County: La Plata Responsible Official: President – Chief Operating Officer SIC Code: 1311 ICIS Identification Number: SU00000008067U0030 EPA Facility Registry ID: 110054262436 Other Clean Air Act Permits Synthetic Minor: SMNSR-SU-000049-2023.002b Process Description: According to Red Cedar, the Sambrito Compressor Station is a low to high pressure compressor station capable of processing roughly 80 MMscf/day. The station receives inlet gas from various producer pipelines and well locations on the east side of the reservation, with an inlet pressure of approximately 50-60 psi. The gas is first compressed through 5 compressors driven by Caterpillar G3616LE lean burn compressor engines to approximately 900-950 psi. The gas is then processed through two tri-ethylene glycol dehydrators set in parallel (i.e., the gas is split evenly between the two dehydration units). The gas comes in saturated and leaves the station at less than 7 lbs H2O/MMscf. 6 Source Emission Points Emission Unit ID Table 1 - Emission Units Control Equipment Description Caterpillar G3616LE (4SLB SI) Natural Gas-Fired Compressor Engine 4,735 Nameplate Rated HP E-2100 Serial No. BLB00314 Install Date: 07/01/2007 E-2200 Serial No. BLB00302 Install Date: 05/04/2023 E-2300 Serial No. BLB00315 Install Date: 03/18/2024 E-2400 Serial No. BLB00651 Install Date: 05/10/2011 E-2500 Serial No. BLB00303 Install Date: 10/11/2018 Waukesha P48GL (4SLB SI) Natural Gas-Fired Emergency Generator Engine 1,055 Nameplate Rated HP G-5500 Serial No. C-17113/1 Install Date: 07/01/2007 Miratech Oxidation Catalyst with AFRC (Enforceable) Miratech Oxidation Catalyst with AFRC (Enforceable) Table 2 - Insignificant Emission Units Emission Unit ID Amount S-3300 S-3400 S-3500 H-5600 H-5700 H-5800 H-1500, H-1600 H-4300 → H-4450 H-4500A → H-4500F H-8010 TK-3000 TK-3100 TK-3110 TK-3400 TK-3500 TK-3600 TK-3700 TK-3800 TK-3900 TK-508 TK-5125 1 1 1 1 1 1 2 16 6 1 1 1 1 1 1 1 1 1 1 1 1 Description Size Units TEG Dehydrator TEG Dehydrator TEG Dehydrator Glycol Reboiler (S-3300) Glycol Reboiler (S-3400) Glycol Reboiler (S-3500) Catalytic Heater (Inlet Slug Catcher) Catalytic Heater (Compressor Building) Catalytic Heater (Fuel Gas Building) Catalytic Heater (Meter Building) Coolant Maintenance Tank Coolant Storage Tank Used Water Sump Tank Produced Water Tank Produced Water Tank TEG Storage Tank Compressor Lube Oil Tank Used Oil Drain Tank Engine Lube Oil Tank Dehydrator Still Vent Tank (S-3500) Dehydrator Still Vent Tank (S-3300) 40 50 12 0.75 1.5 0.125 0.008 0.04 0.012 0.008 6,300 3,600 500 33,600 31,500 6,300 21,000 21,000 21,000 740 1,505 MMscf/day MMscf/day MMscf/day MMBtu/hr MMBtu/hr MMBtu/hr MMBtu/hr MMBtu/hr MMBtu/hr MMBtu/hr Gallons Gallons Gallons Gallons Gallons Gallons Gallons Gallons Gallons Gallons Gallons 7 TK-5126 TK-5127 TK-5128 TK-5129 TK-5530 TK-5540 TK-9301 TK-9302 1 1 1 1 1 1 1 1 Generator Engine Oil Sump Tank Dehydrator Still Vent Tank (S-3400) Glycol Recovery Tank Used Oil Sump Tank Generator Engine Oil Day Tank Generator Engine Coolant Tank Engine Lube Oil Makeup Tank Compressor Lube Oil Tank 400 740 300 400 500 500 600 1200 Gallons Gallons Gallons Gallons Gallons Gallons Gallons Gallons Section II – General Requirements Title V Administrative Requirements 1.1. Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118] 1.1.1. An annual operating permit emission fee shall be paid to the Tribe by the permittee. [RAC 2-118(2)] 1.1.2. The permittee shall pay the annual permit fee each year no later than April 1st for the preceding calendar year. [RAC 2-118(2)] 1.1.3. Fee payments shall be remitted in the form of a money order, bank draft, certified check, corporate check, or electronic funds transfer payable to the Southern Ute Indian Tribe and sent or delivered by the United States Postal Service c/o Environmental Programs Department Part 70 Program, P.O. Box 737 MS #84, Ignacio, Colorado 81137; or by common carrier (such as UPS or FedEx) c/o Environmental Programs Department Part 70 Program, 398 Ouray Drive, Ignacio, Colorado 81137. [RAC 2-118(4)(a)] 1.1.4. The permittee shall send an updated fee calculation worksheet submitted annually by the same deadline as required for fee payment to the address listed in the Submissions section of this permit. [RAC 2-118] 1.1.5. The permittee shall submit the initial fee calculation work sheet using the most recent form provided by the Tribe. [RAC 2-118(2)(c)] 1.1.6. Basis for calculating annual fee: 1.1.6.1. Subtotal annual fees shall be calculated by multiplying the applicable emission fee set pursuant to RAC §2-119(1) of this code times the total 8 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)] 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. 9 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)] 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 10 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)] 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)] 11 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 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 12 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)] 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; 13 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. 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. 14 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] 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; 15 1.11. 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 1.10.2.7. The Administrator has found that cause exists to terminate the permit. Property Rights [RAC 2-110(3)(e)] This permit does not convey any property rights of any sort, or any exclusive privilege. 1.12. Inspection and Entry [RAC 2-110(9)(b)] Upon presentation of credentials and other documents as may be required by law, the permittee shall allow authorized representatives of the Tribe or other authorized representative to perform the following: 1.12.1. Enter upon the permittee’s premises where a source is located or emissionsrelated activity is conducted, or where records must be kept under the conditions of the permit; 1.12.2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit; 1.12.3. Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit; and 1.12.4. As authorized by the Clean Air Act, sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or applicable requirements. 1.13. [Reserved] 1.14. Permit Transfers [RAC 2-113] 1.14.1. This permit shall not be transferable, by operation of law or otherwise, from one location to another or from one source to another, except that a permit may be transferred from one location to another in the case of a portable source that has notified the Tribe in advance of the transfer, pursuant to the RAC. A permit for a source may be transferred from one person to another if the Tribe finds that the 16 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)] 1.15.1. The permittee is allowed to make, without a permit revision, certain changes that are not addressed or prohibited by this permit provided that the following requirements are met: 1.15.1.1. Each such change meets all applicable requirements and shall not violate any existing permit term or condition; 1.15.1.2. Such changes are not subject to any requirements under title IV of the Clean Air Act and are not modifications under title I of the Clean Air Act; 1.15.1.3. Such changes are not subject to permit revision procedures under RAC §2111; and 1.15.1.4. The permittee provides contemporaneous written notice to the Tribe and the Administrator of each such change, except for changes that qualify as insignificant activities. Such notice shall state when the change occurred and shall describe the change, any resulting emissions change, pollutants emitted, and any applicable requirement that would apply as a result of the change. [RAC 2-116(2)(a)] 1.15.2. The permit shield does not apply to changes made under this provision. [RAC 2-110(10)(d)] 1.15.3. The permittee shall keep a record describing changes made at the source that result in emissions of any regulated air pollutant subject to an applicable requirement, but not otherwise regulated under the permit, and the emissions resulting from those changes. [RAC 2-116(2)(b)] 1.15.4. A copy of each off-permit change notification shall be made available to the Tribe upon request. [RAC 2-110(6)] 1.16. Permit Expiration and Renewal [RAC §§2-104(3), 2-106(2)(b), 2-107(7)(a), 2-107(7)(b), 2-110(1)(a), and 2-106(3)] 1.16.1. This permit shall expire five years from the issuance date of this permit. [RAC 2-110(1)(a)] 17 1.16.2. Expiration of this permit terminates the permittee’s right to operate unless a timely and complete permit renewal application has been submitted at least 6 months but not more than 18 months prior to the date of expiration of this permit. [RAC 2-107(7)(b)] 1.16.3. If the permittee submits a timely and complete permit application for renewal, consistent with RAC §2-106 but the Tribe has failed to issue or disapprove a renewal permit before the end of the permit term, then the permit shall not expire and all its terms and conditions shall remain in effect until the renewal permit has been issued or disapproved. [RAC 2-104(2)(b)] 1.16.4. The ability to operate under this permit shall cease if (1) the Tribe takes final action to issue the permittee a renewal permit or deny the permittee a permit or (2) the permittee fails to submit by the deadline specified in writing by the Tribe any additional information identified as being needed to process the application. [RAC 2-104(3)] 1.16.5. Renewal of this permit is subject to the same procedures, including those for public participation and affected program and EPA review, as those that apply to initial permit issuance. [RAC 2-107(7)(a)] 1.16.6. The application for renewal shall include the current permit number, description of permit revisions and off permit changes that occurred during the permit term, any applicable requirements that were promulgated and not incorporated into the permit during the permit term, and other information required by the application form. [RAC 2-106(4)(e)(ix)] Facility-Wide Requirements Conditions in this section of the permit apply to all emissions units located at the facility, including any units not specifically listed in Table 1 or Table 2 of the Source Emission Points section of this permit. [RAC 2-110(1)(d)] 2.1. General Recordkeeping Requirements [RAC 2-110(6)] The permittee shall comply with the following generally applicable recordkeeping requirements: 2.1.1. If the permittee determines that his or her stationary source that emits (or has the potential to emit, without federally recognized controls) one or more hazardous air pollutants is not subject to a relevant standard or other requirement established 18 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 information) that demonstrates why the permittee believes the source is unaffected (e.g., because the source is an area source). [40 CFR 63.10(b)(3)] 2.1.2. Records shall be kept of off permit changes made, as required by the Off Permit Changes section of this permit. 2.2. General Reporting Requirements 2.2.1. The permittee shall submit to the Tribe all reports of any required monitoring under this permit semiannually, by April 1 and October 1 of each year. The report due on April 1 shall cover the July 1 - December 31 reporting period of the previous calendar year. The report due on October 1 shall cover the January 1 June 30 reporting period of the current calendar year. All instances of deviations from permit requirements shall be clearly identified in such reports. All required reports shall be certified by a responsible official consistent with the Submissions section of this permit. [RAC 2-110(7)(a)] 2.2.2. “Deviation” means any situation in which an emissions unit fails to meet a permit term or condition. A deviation is not always a violation. A deviation can be determined by observation or through review of data obtained from any testing, monitoring, or recordkeeping established in accordance with RAC 2-110(5) and (6). For a situation lasting more than 24 hours which constitutes a deviation, each 24 hour period is considered a separate deviation. Included in the meaning of deviation are any of the following: 2.2.2.1. A situation where emissions exceed an emission limitation or standard; 2.2.2.2. A situation where process or emissions control device parameter values indicate that an emission limitation or standard has not been met; or 2.2.2.3. A situation in which observations or data collected demonstrate noncompliance with an emission limitation or standard or any work practice or operating condition required by the permit. 2.2.2.4. A situation in which an exceedance or an excursion, as defined in 40 CFR Part 64 occurs. [RAC 1-103(21)] 19 2.2.3. The permittee shall promptly report to the Tribe deviations from permit requirements, (including emergencies), including the date, time, duration, and the probable cause of such deviations, the quantity and pollutant type of excess emissions resulting from the deviation, and any preventative, mitigation, or corrective actions or measures taken. Prompt deviation reports shall be submitted to the following email address: airquality@southernute-nsn.gov 2.2.4. “Prompt” is defined as follows: 2.2.4.1. Where the underlying applicable requirement contains a definition of “prompt” or otherwise specifies a time frame for reporting deviations, that definition or time frame shall govern. 2.2.4.2. Where the underlying applicable requirement fails to address the time frame for reporting deviations, reports of deviations will be submitted based on the following schedule: 2.2.4.2.1. For emissions of a hazardous air pollutant or a toxic air pollutant (as identified in the applicable regulation) that continue for more than an hour in excess of permit requirements, the report must be made by email, telephone, verbal, or facsimile communication by the close of business the next working day, upon discovery of the occurrence, and in writing within 10 working days from the occurrence; 2.2.4.2.2. For emissions of any regulated air pollutant, excluding those listed in RAC §2-110(7)(b)(i), that continue for more than 2 hours in excess of permit requirements, the report must be made by email, telephone, verbal, or facsimile communication by the close of business the next working day, upon discovery of the occurrence, and in writing within 10 working days from the occurrence; 2.2.4.2.3. For all other deviations from permit requirements, the report shall be contained in the report submitted with the semi-annual monitoring report. [RAC 2-110(7)(b)] 2.3. Alternative Operating Scenarios [RAC 2-110(8)] 2.3.1. Replacement of an existing engine or turbine identified in this permit shall be allowed as an off-permit change pursuant to the Off Permit Changes provisions of this permit provided all of the following conditions are met: 20 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. 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; 21 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. 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; 22 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] The permittee shall comply with the standards for recycling and emissions reduction pursuant to 40 CFR Part 82, Subpart F: 2.5.1. Persons opening appliances for maintenance, service, repair, or disposal must comply with the required practices pursuant to 40 CFR §82.156. 2.5.2. Equipment used during the maintenance, service, repair, or disposal of appliances must comply with the standards for recycling and recovery equipment pursuant to 40 CFR §82.158. 2.5.3. Persons performing maintenance, service, repair, or disposal of appliances must be certified by an approved technician certification program pursuant to 40 CFR §82.161. Section III – Site Specific Permit Terms New Source Performance Standards (NSPS) and 40 CFR Part 60 1.1. 40 CFR Part 60, Subpart JJJJ – Standards of Performance for Stationary Spark Ignition Internal Combustion Engines [40 CFR 60.4230 – 60.4248 and RAC §3102] This facility is subject to the requirements of 40 CFR Part 60, Subpart JJJJ for nonemergency stationary spark-ignition (SI) internal combustion engines (ICE) with a maximum engine power greater than or equal to 500 brake horsepower (HP) manufactured after July 1, 2007. Notwithstanding conditions in this permit, the permittee shall comply with all applicable requirements of 40 CFR Part 60, subparts A and JJJJ. 1.1.1. Affected Sources The following emission units are considered affected sources under 40 CFR Part 60, Subpart JJJJ: E-2400 – Caterpillar G3616LE (4SLB SI) Natural Gas-Fired Compressor Engine - 4,735 Nameplate Rated Horsepower [40 CFR 60.4230] 23 1.1.2. Emission Standards for Owners and Operators Owners and operators of stationary SI ICE with a maximum engine power greater than or equal to 75 KW (100 HP) (except gasoline and rich burn engines that use LPG) must comply with the emission standards in Table 1 to this subpart for their stationary SI ICE. [40 CFR 60.4233(e)] Table 1 to Subpart JJJJ of Part 60 – NOX, CO, and VOC Emission Standards for Stationary NonEmergency SI Engines ≥ 100 HP Emission standards a Engine type Maximum Manufacture g/HP-hr ppmvd at 15% O2 and fuel engine power date NOX CO VOC d NOX CO VOC d Non-Emergency SI HP ≥ 500 07/01/2010 1.0 2.0 0.7 82 270 60 Natural Gas a Owners and operators of stationary non-certified SI engines may choose to comply with the emission standards in units of either g/HP-hr or ppmvd at 15 percent O2. For purposes of this subpart, when calculating emissions of volatile organic compounds, emissions of formaldehyde should not be included. d 1.1.2.1. Owners and operators of stationary SI ICE must operate and maintain stationary SI ICE that achieve the emission standards as required in §60.4233 over the entire life of the engine. [40 CFR 60.4234] 1.1.3. Other Requirements for Owners and Operators 1.1.3.1. After July 1, 2009, owners and operators may not install stationary SI ICE with a maximum engine power of greater than or equal to 500 HP that do not meet the applicable requirements in §60.4233. [40 CFR 60.4236(b)] 1.1.4. Compliance Requirements for Owners and Operators 1.1.4.1. You must demonstrate compliance according to the methods specified in §60.4243(b)(2). [40 CFR 60.4243(b)] 1.1.4.1.1. Purchasing a non-certified engine and demonstrating compliance with the emission standards specified in §60.4233(e) and according to the requirements specified in §60.4244, as applicable, and according to §60.4243(b)(2)(ii). [40 CFR 60.4243(b)(2)] 24 1.1.4.1.1.1. You must keep a maintenance plan and records of conducted maintenance and must, to the extent practicable, maintain and operate the engine in a manner consistent with good air pollution control practice for minimizing emissions. In addition, you must conduct an initial performance test and conduct subsequent performance testing every 8,760 hours or 3 years, whichever comes first, thereafter to demonstrate compliance. [40 CFR 60.4243(b)(2)(ii)] 1.1.5. Testing Requirements for Owners and Operators 1.1.5.1. Owners and operators of stationary SI ICE who conduct performance tests must follow the procedures in §60.4244(a) through (f). 1.1.5.1.1. Each performance test must be conducted within 10 percent of 100 percent peak (or the highest achievable) load and according to the requirements in §60.8 and under the specific conditions that are specified by Table 2 to this subpart. [40 CFR 60.4244(a)] 1.1.5.1.2. You may not conduct performance tests during periods of startup, shutdown, or malfunction, as specified in §60.8(c). If your stationary SI internal combustion engine is non-operational, you do not need to startup the engine solely to conduct a performance test; however, you must conduct the performance test immediately upon startup of the engine. [40 CFR 60.4244(b)] 1.1.5.1.3. You must conduct three separate test runs for each performance test required in this section, as specified in §60.8(f). Each test run must be conducted within 10 percent of 100 percent peak (or the highest achievable) load and last at least 1 hour. [40 CFR 60.4244(c)] 1.1.5.1.4. To determine compliance with the NOX mass per unit output emission limitation, convert the concentration of NOX in the engine exhaust using Equation 1 of this section: 𝑪𝑪𝒅𝒅 × 𝟏𝟏. 𝟗𝟗𝟗𝟗𝟗𝟗 × 𝟏𝟏𝟏𝟏−𝟑𝟑 × 𝑸𝑸 × 𝑻𝑻 𝑬𝑬𝑬𝑬 = 𝑯𝑯𝑯𝑯 − 𝒉𝒉𝒉𝒉 Where: 25 (𝑬𝑬𝑬𝑬. 𝟏𝟏) ER = Emission rate of NOX in g/HP-hr. Cd = Measured NOX concentration in parts per million by volume (ppmv). 1.912 × 10−3 = Conversion constant for ppm NOX to grams per standard cubic meter at 20 degrees Celsius. Q = Stack gas volumetric flow rate, in standard cubic meter per hour, dry basis. T = Time of test run, in hours. HP-hr = Brake work of the engine, horsepower-hour (HP-hr). [40 CFR 60.4244(d)] 1.1.5.1.5. To determine compliance with the CO mass per unit output emission limitation, convert the concentration of CO in the engine exhaust using Equation 2 of this section: 𝑬𝑬𝑬𝑬 = Where: 𝑪𝑪𝒅𝒅 × 𝟏𝟏. 𝟏𝟏𝟏𝟏𝟏𝟏 × 𝟏𝟏𝟏𝟏−𝟑𝟑 × 𝑸𝑸 × 𝑻𝑻 𝑯𝑯𝑯𝑯 − 𝒉𝒉𝒉𝒉 (𝑬𝑬𝑬𝑬. 𝟐𝟐) ER = Emission rate of CO in g/HP-hr. Cd = Measured CO concentration in ppmv. 1.164 × 10−3 = Conversion constant for ppm CO to grams per standard cubic meter at 20 degrees Celsius. Q = Stack gas volumetric flow rate, in standard cubic meters per hour, dry basis. T = Time of test run, in hours. HP-hr = Brake work of the engine, in HP-hr. 26 [40 CFR 60.4244(e)] 1.1.5.1.6. For purposes of this subpart, when calculating emissions of VOC, emissions of formaldehyde should not be included. To determine compliance with the VOC mass per unit output emission limitation, convert the concentration of VOC in the engine exhaust using Equation 3 of this section: 𝑪𝑪𝒅𝒅 × 𝟏𝟏. 𝟖𝟖𝟖𝟖𝟖𝟖 × 𝟏𝟏𝟏𝟏−𝟑𝟑 × 𝑸𝑸 × 𝑻𝑻 𝑬𝑬𝑬𝑬 = 𝑯𝑯𝑯𝑯 − 𝒉𝒉𝒉𝒉 (𝑬𝑬𝑬𝑬. 𝟑𝟑) Where: ER = Emission rate of VOC in g/HP-hr. Cd = VOC concentration measured as propane in ppmv. 1.833 × 10−3 = Conversion constant for ppm VOC measured as propane, to grams per standard cubic meter at 20 degrees Celsius. Q = Stack gas volumetric flow rate, in standard cubic meters per hour, dry basis. T = Time of test run, in hours. HP-hr = Brake work of the engine, in HP-hr. [40 CFR 60.4244(f)] Table 2 to Subpart JJJJ of Part 60 - Requirements for Performance Tests Complying According to the following For each with the You must Using requirements requirement to 1. Stationary a. Limit the i. Select the (1) Method 1 or 1A of 40 (a) Alternatively, for NOX, O2, and SI internal concentration of sampling port CFR part 60, appendix A-1, moisture measurement, ducts ≤6 combustion NOX in the location and the if measuring flow rate inches in diameter may be sampled engine stationary SI number/location of at a single point located at the duct demonstrating internal traverse points at centroid and ducts >6 and ≤12 compliance combustion the exhaust of the inches in diameter may be sampled according to engine exhaust stationary internal at 3 traverse points located at 16.7, §60.4244 combustion engine; 50.0, and 83.3% of the measurement line (`3-point long line'). If the duct is >12 inches in diameter and the sampling port location meets the two and halfdiameter criterion of Section 11.1.1 of Method 1 of 40 CFR part 60, Appendix A, the duct may be sampled at `3-point long line'; otherwise, conduct the stratification 27 testing and select sampling points according to Section 8.1.2 of Method 7E of 40 CFR part 60, Appendix A. ii. Determine the (2) Method 3, 3A, or 3Bb of (b) Measurements to determine O2 concentration of 40 CFR part 60, appendix O2 concentration must be made at the stationary A-2 or ASTM Method the same time as the measurements internal D6522-00 (Reapproved for NOX concentration. combustion engine 2005)ad exhaust at the sampling port location; iii. If necessary, (3) Method 2 or 2C of 40 (c) Measurements to determine the determine the CFR part 60, appendix A-1 exhaust flowrate must be made (1) exhaust flowrate of or Method 19 of 40 CFR at the same time as the the stationary part 60, appendix A-7 measurement for internal NOX concentration or, alternatively combustion engine (2) according to the option in exhaust; Section 11.1.2 of Method 1A of 40 CFR part 60, Appendix A-1, if applicable. iv. If necessary, (4) Method 4 of 40 CFR (d) Measurements to determine measure moisture part 60, appendix A-3, moisture must be made at the same content of the Method 320 of 40 CFR part time as the measurement for stationary internal 63, appendix Ae, or ASTM NOX concentration. combustion engine Method D6348-03de exhaust at the sampling port location; and v. Measure NOX at (5) Method 7E of 40 CFR (e) Results of this test consist of the the exhaust of the part 60, appendix A-4, average of the three 1-hour or stationary internal ASTM Method D6522-00 longer runs. combustion engine; (Reapproved 2005)ad, if using a control Method 320 of 40 CFR part device, the 63, appendix Ae, or ASTM sampling site must Method D6348-03de be located at the outlet of the control device b. Limit the i. Select the (1) Method 1 or 1A of 40 (a) Alternatively, for CO, O2, and concentration of sampling port CFR part 60, appendix A-1, moisture measurement, ducts ≤6 CO in the location and the if measuring flow rate inches in diameter may be sampled stationary SI number/location of at a single point located at the duct internal traverse points at centroid and ducts >6 and ≤12 combustion the exhaust of the inches in diameter may be sampled engine exhaust stationary internal at 3 traverse points located at 16.7, combustion engine; 50.0, and 83.3% of the measurement line (`3-point long line'). If the duct is >12 inches in diameter and the sampling port location meets the two and halfdiameter criterion of Section 11.1.1 of Method 1 of 40 CFR part 60, 28 Appendix A, the duct may be sampled at `3-point long line'; otherwise, conduct the stratification testing and select sampling points according to Section 8.1.2 of Method 7E of 40 CFR part 60, Appendix A. b ii. Determine the (2) Method 3, 3A, or 3B of (b) Measurements to determine O2 concentration of 40 CFR part 60, appendix O2 concentration must be made at the stationary A-2 or ASTM Method the same time as the measurements internal D6522-00 (Reapproved for CO concentration. combustion engine 2005)ad exhaust at the sampling port location; iii. If necessary, (3) Method 2 or 2C of 40 (c) Measurements to determine the determine the CFR 60, appendix A-1 or exhaust flowrate must be made (1) exhaust flowrate of Method 19 of 40 CFR part at the same time as the the stationary 60, appendix A-7 measurement for CO concentration internal or, alternatively (2) according to combustion engine the option in Section 11.1.2 of exhaust; Method 1A of 40 CFR part 60, Appendix A-1, if applicable. iv. If necessary, (4) Method 4 of 40 CFR (d) Measurements to determine measure moisture part 60, appendix A-3, moisture must be made at the same content of the Method 320 of 40 CFR part time as the measurement for CO stationary internal 63, appendix Ae, or ASTM concentration. combustion engine Method D6348-03de exhaust at the sampling port location; and v. Measure CO at (5) Method 10 of 40 CFR (e) Results of this test consist of the the exhaust of the part 60, appendix A4, average of the three 1-hour or stationary internal ASTM Method D6522-00 longer runs. combustion engine; (Reapproved 2005)ade, if using a control Method 320 of 40 CFR part device, the 63, appendix Ae, or ASTM sampling site must Method D6348-03de be located at the outlet of the control device c. Limit the i. Select the (1) Method 1 or 1A of 40 (a) Alternatively, for VOC, O2, and concentration of sampling port CFR part 60, appendix A-1, moisture measurement, ducts ≤6 VOC in the location and the if measuring flow rate inches in diameter may be sampled stationary SI number/location of at a single point located at the duct internal traverse points at centroid and ducts >6 and ≤12 combustion the exhaust of the inches in diameter may be sampled engine exhaust stationary internal at 3 traverse points located at 16.7, combustion engine; 50.0, and 83.3% of the measurement line (`3-point long line'). If the duct is >12 inches in diameter and the sampling port location meets the two and half- 29 diameter criterion of Section 11.1.1 of Method 1 of 40 CFR part 60, Appendix A, the duct may be sampled at `3-point long line'; otherwise, conduct the stratification testing and select sampling points according to Section 8.1.2 of Method 7E of 40 CFR part 60, Appendix A. b ii. Determine the (2) Method 3, 3A, or 3B of (b) Measurements to determine O2 concentration of 40 CFR part 60, appendix O2 concentration must be made at the stationary A-2 or ASTM Method the same time as the measurements internal D6522-00 (Reapproved for VOC concentration. combustion engine 2005)ad exhaust at the sampling port location; iii. If necessary, (3) Method 2 or 2C of 40 (c) Measurements to determine the determine the CFR 60, appendix A-1 or exhaust flowrate must be made (1) exhaust flowrate of Method 19 of 40 CFR part at the same time as the the stationary 60, appendix A-7 measurement for VOC internal concentration or, alternatively (2) combustion engine according to the option in Section exhaust; 11.1.2 of Method 1A of 40 CFR part 60, Appendix A-1, if applicable. iv. If necessary, (4) Method 4 of 40 CFR (d) Measurements to determine measure moisture part 60, appendix A-3, moisture must be made at the same content of the Method 320 of 40 CFR part time as the measurement for VOC stationary internal 63, appendix Ae, or ASTM concentration. combustion engine Method D6348-03de exhaust at the sampling port location; and v. Measure VOC at (5) Methods 25A and 18 of (e) Results of this test consist of the the exhaust of the 40 CFR part 60, appendices average of the three 1-hour or stationary internal A-6 and A-7, Method 25A longer runs. combustion engine; with the use of a if using a control hydrocarbon cutter as device, the described in 40 CFR sampling site must 1065.265, Method 18 of 40 be located at the CFR part 60, appendix Aoutlet of the 6ce, Method 320 of 40 CFR control device part 63, appendix Ae, or ASTM Method D6348-03de a Also, you may petition the Administrator for approval to use alternative methods for portable analyzer. You may use ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses, for measuring the O2 content of the exhaust gas as an alternative to EPA Method 3B. AMSE PTC 19.10-1981 incorporated by reference, see 40 CFR 60.17 b c You may use EPA Method 18 of 40 CFR part 60, appendix A-6, provided that you conduct an adequate pre-survey test prior to the emissions test, such as the one described in OTM 11 on EPA's Web site (http://www.epa.gov/ttn/emc/prelim/otm11.pdf). 30 d Incorporated by reference; see 40 CFR 60.17. e You must meet the requirements in §60.4245(d) [40 CFR 60.4244] 1.1.6. Notification, Reports, and Records for Owners and Operators 1.1.6.1. Owners and operators of all stationary SI ICE must keep records of the information in §60.4245(a)(1), (2), and (4). [40 CFR 60.4245(a)] 1.1.6.1.1. All notifications submitted to comply with this subpart and all documentation supporting any notification. [40 CFR 60.4245(a)(1)] 1.1.6.1.2. Maintenance conducted on the engine. 1.1.6.1.3. If the stationary SI internal combustion engine is not a certified engine, documentation that the engine meets the emission standards. [40 CFR 60.4245(a)(4)] 1.1.6.2. [40 CFR 60.4245(a)(2)] Owners and operators of stationary SI ICE greater than or equal to 500 HP that have not been certified by an engine manufacturer to meet the emission standards in §60.4231 must submit an initial notification as required in §60.7(a)(1). The notification must include the information in §60.4245(c)(1) through (5). Beginning on February 26, 2025, submit the notification electronically according to §60.4245(g). [40 CFR 60.4245(c)] 1.1.6.2.1. Name and address of the owner or operator; [40 CFR 60.4245(c)(1)] 1.1.6.2.2. The address of the affected source; 1.1.6.2.3. Engine information including make, model, engine family, serial number, model year, maximum engine power, and engine displacement; [40 CFR 60.4245(c)(3)] 1.1.6.2.4. Emission control equipment; and 1.1.6.2.5. Fuel used. 31 [40 CFR 60.4245(c)(2)] [40 CFR 60.4245(c)(4)] [40 CFR 60.4245(c)(5)] 1.1.6.3. Owners and operators of stationary SI ICE that are subject to performance testing must submit a copy of each performance test as conducted in §60.4244 within 60 days after the test has been completed. Performance test reports using EPA Method 18, EPA Method 320, or ASTM D6348-03 (incorporated by reference—see 40 CFR 60.17) to measure VOC require reporting of all QA/QC data. For Method 18, report results from sections 8.4 and 11.1.1.4; for Method 320, report results from sections 8.6.2, 9.0, and 13.0; and for ASTM D6348-03 report results of all QA/QC procedures in Annexes 1-7. Beginning on February 26, 2025, performance tests must be reported electronically according to §60.4245(f). [40 CFR 60.4245(d)] 1.1.6.4. Beginning on February 26, 2025, within 60 days after the date of completing each performance test, you must submit the results following the procedures specified in §60.4245(g). Data collected using test methods that are supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-airemissions/electronic-reporting-tool-ert) at the time of the test must be submitted in a file format generated using the EPA's ERT. Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA's ERT website. Data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test must be included as an attachment in the ERT or an alternate electronic file. [40 CFR 60.4245(f)] 1.1.6.5. If you are required to submit notifications or reports following the procedure specified in this paragraph, you must submit notifications or reports to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI), which can be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim for some of the information in the report or notification, you must submit a complete file in the format specified in this subpart, including information claimed to be CBI, to the EPA following the procedures in §60.4245(g)(1) and (2). Clearly mark the part or all of the information that you claim to be CBI. Information not marked as CBI may be authorized for public release without prior notice. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. All CBI claims must be asserted at the time of submission. Anything submitted using CEDRI cannot later be claimed 32 CBI. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available. You must submit the same file submitted to the CBI office with the CBI omitted to the EPA via the EPA's CDX as described earlier in this paragraph. [40 CFR 60.4245(g)] 1.1.6.6. Any records required to be maintained by this subpart that are submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. [40 CFR 60.4245(j)] 1.1.7. General Provisions 1.1.7.1. Table 3 to this subpart shows which parts of the General Provisions in §§60.1 through 60.19 apply to you. Table 3 to Subpart JJJJ of Part 60 - Applicability of General Provisions to Subpart JJJJ General Applies to provisions Subject of citation Explanation subpart citation §60.1 General applicability of the Yes General Provisions §60.2 Definitions Yes Additional terms defined in §60.4248. §60.3 Units and abbreviations Yes §60.4 Address Yes §60.5 Determination of construction Yes or modification §60.6 Review of plans Yes §60.7 Notification and Recordkeeping Yes Except that §60.7 only applies as specified in §60.4245. §60.8 Performance tests Yes Except that §60.8 only applies to owners and operators who are subject to performance testing in subpart JJJJ. §60.9 Availability of information Yes §60.10 State Authority Yes §60.11 Compliance with standards and Yes Requirements are specified in subpart JJJJ maintenance requirements §60.12 Circumvention Yes §60.13 Monitoring requirements No §60.14 Modification Yes §60.15 Reconstruction Yes §60.16 Priority list Yes §60.17 Incorporations by reference Yes 33 §60.18 §60.19 General control device requirements General notification and reporting requirements No Yes 1.2. 40 CFR Part 60, Subpart OOOOa – Standards of Performance for Crude Oil and Natural Gas Facilities for which Construction, Modification or Reconstruction Commenced After September 18, 2015, and On or Before December 6, 2022 [40 CFR 60.5360a - 60.5439a and RAC 3-102] This facility is subject to the requirements of 40 CFR Part 60, Subpart OOOOa for the collection of fugitive emissions components at a compressor station. Notwithstanding conditions in this permit, the permittee shall comply with all applicable requirements of 40 CFR Part 60, subparts A and OOOOa. 1.2.1. Affected Sources The collection of fugitive emissions components at Sambrito Compressor Station is considered an affected facility under 40 CFR Part 60, Subpart OOOOa. [40 CFR 60.5365a(j)] 1.2.2. General Requirements 1.2.2.1. At all times, including periods of startup, shutdown, and malfunction, owners and operators shall maintain and operate any affected facility including associated air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. The provisions for exemption from compliance during periods of startup, shutdown and malfunctions provided for in 40 CFR 60.8(c) do not apply to this subpart. [40 CFR 60.5370a(b)] 1.2.3. Super-Emitter Events The Provisions of this section will not apply between July 31, 2025, and January 22, 2027. The provisions of this section will apply after January 22, 2027. This section applies to super-emitter events. For purposes of this section, a superemitter event is defined as any emissions event that is located at or near an oil and gas facility (e.g., individual well site, natural gas processing plant or compressor station) and that is detected using remote detection methods and has a quantified emission rate of 100 kg/hr of methane or greater. Upon receiving a notification of a super emitter event issued by the EPA under §60.5371b(c) in subpart OOOOb 34 of this part, owners or operators must take the actions listed in paragraphs §60.5371a(a) and (b). Within 5 calendar days of receiving a notification from the EPA of a super-emitter event, the owner or operator of an oil and natural gas facility (e.g., a well site, centralized production facility, natural gas processing plant, or compressor station) must initiate a super-emitter event investigation. Identification of super-emitter events. 1.2.3.1. [40 CFR 60.5371a(a)] 1.2.3.1.1. If you do not own or operate an oil and natural gas facility within 50 meters from the latitude and longitude provided in the notification subject to the regulation under this subpart, report this result to the EPA under paragraph §60.5371a(e). Your superemitter event investigation is deemed complete under this subpart. [40 CFR 60.5371a(a)(1)] 1.2.3.1.2. If you own or operate an oil and natural gas facility within 50 meters from the latitude and longitude provided in the notification, and there is an affected facility or associated equipment subject to this subpart onsite, you must investigate to determine the source of the super-emitter event in accordance with paragraph §60.5371a(a)(2), maintain records of your investigation, and report the results in accordance with paragraph §60.5371a(b). [40 CFR 60.5371a(a)(2)] 1.2.3.1.3. The investigation required by paragraph §60.5371a(a)(2) may include but is not limited to the actions specified below in paragraphs §60.5371a(a)(3)(i) through (iv). [40 CFR 60.5371a(a)(3)] 1.2.3.1.3.1. Review any maintenance activities or process activities from the affected facilities subject to regulation under this subpart, starting from the date of detection of the superemitter event as identified in the notification, until the date of investigation, to determine if the activities indicate any potential source(s) of the super-emitter event emissions. [40 CFR 60.5371a(a)(3)(i)] 1.2.3.1.3.2. Review all monitoring data from control devices (e.g., flares) from the affected facilities subject to regulation under this subpart from the initial date of detection of the super-emitter event as identified in the notification, until the date of receiving the notification from the EPA to identify malfunctions of control devices or periods when 35 the control devices were not in compliance with applicable requirements and that indicate a potential source of the super-emitter event emissions. [40 CFR 60.5371a(a))3)(ii)] 1.2.3.1.3.3. If you conducted a fugitive emissions survey in accordance with §60.5397a between the initial date of detection of the super-emitter event as identified in the notification and the date the notification from the EPA was received, review the results of the survey to identify any potential source(s) of the super-emitter event emissions. [40 CFR 60.5371a(a)(3)(iii)] 1.2.3.1.3.4. Screen the entire facility with OGI, Method 21 of appendix A-7 to this part, or an alternative test method(s) approved per §60.5398b(d) of subpart OOOOb of this part, to determine if a super-emitter event is present. [40 CFR 60.5371a(a)(3)(iv)] Super-emitter event report. You must submit the results of the superemitter event investigation conducted under paragraph §60.5371a(a) to the EPA in accordance with paragraph §60.5371a(b)(1). If the super-emitter event (i.e., emission at 100 kg/hr of methane or more) is ongoing at the time of this initial report, submit the additional information in accordance with paragraph §60.5371a(b)(2). You must attest to the information included in the report as specified in paragraph §60.5371a(b)(3). [40 CFR 60.5371a(b)] 1.2.3.2. 1.2.3.2.1. Within 15 days of receiving a notification from the EPA under §60.5371b(c), you must submit a report of the super-emitter event investigation conducted under paragraph §60.5371a(a) through the Super-Emitter Program Portal, at www.epa.gov/super-emitter. You must include the applicable information in paragraphs §60.5371a(b)(1)(i) through (viii) in the report. If you have identified a demonstrable error in the notification, the report may include a statement of the demonstrable error. [40 CFR 60.5371a(b)(1)] 1.2.3.2.1.1. Notification Report ID of the super-emitter event notification (which is provided in the EPA notification). [40 CFR 60.5371a(b)(1)(i)] 1.2.3.2.1.2. Identification of whether you are the owner or operator of an oil and natural gas facility within 50 meters from the latitude and longitude provided in the EPA notification. If 36 you do not own or operate an oil and natural gas facility within 50 meters from the latitude and longitude provided in the EPA notification, you are not required to report the information in paragraphs §60.5371a(b)(1)(iii) through (viii). [40 CFR 60.5371a(b)(1)(ii)] 1.2.3.2.1.3. General identification information for the facility, including facility name, the physical address, applicable ID Number (e.g., EPA ID Number, API Well ID Number), the owner or operator or responsible official (where applicable), and their email address. [40 CFR 60.5371a(b)(1)(iii)] 1.2.3.2.1.4. Identification of whether there is an affected facility or associated equipment subject to regulation under this subpart at this oil and natural gas facility. [40 CFR 60.5371a(b)(1)(iv)] 1.2.3.2.1.5. Indication of whether you were able to identify the source of the super-emitter event. If you indicate you were unable to identify the source of the super-emitter event, you must certify that all applicable investigations specified in paragraphs §60.5371a(a)(2)(i) through (iv) have been conducted for all affected facilities and associated equipment subject to regulation under this subpart that are at this oil and natural gas facility, and you have determined that these affected facilities and associated equipment are not the source of the super-emitter event. If you indicate that you were not able to identify the source of the superemitter event, you are not required to report the information in paragraphs §60.5371a(b)(1)(vi) through (viii). [40 CFR 60.5371a(b)(1)(v)] 1.2.3.2.1.6. The source(s) of the super-emitter event. [40 CFR 60.5371a(b)(1)(vi)] 1.2.3.2.1.7. Identification of whether the source of the super-emitter event is an affected facility or associated equipment subject to regulation under of this subpart. If the source of the super-emitter event is an affected facility or associated equipment subject to regulation under this subpart, identify the applicable regulation(s) under this subpart. [40 CFR 60.5371a(b)(1)(vii)] 37 1.2.3.2.1.8. Indication of whether the super-emitter event is ongoing at the time of the initial report submittal (i.e., emissions at 100 kg/hr of methane or more). [40 CFR 60.5371a(b)(1)(viii)] 1.2.3.2.1.8.1. If the super-emitter event is not ongoing at the time of the initial report submittal, provide the actual (or if not known, estimated) date and time the superemitter event ended. [40 CFR 60.5371a(b)(1)(viii)(A)] 1.2.3.2.1.8.2. If the super-emitter event is ongoing at the time of the initial report submittal, provide a short narrative of your plan to end the super-emitter event, including the targeted end date for the efforts to be completed and the super-emitter event ended. [40 CFR 60.5371a(b)(1)(viii)(B)] 1.2.3.2.2. If the super-emitter event is ongoing at the time of the initial report submittal, within 5 business days of the date the superemitter event ends you must update your initial report through the Super-Emitter Program Portal, to provide the end date and time of the super-emitter event. [40 CFR 60.5371a(b)(2)] 1.2.3.2.3. You must sign the following attestation when submitting data into the Super-Emitter Program Portal: “I certify that the information provided in this report regarding the specified super-emitter event was prepared under my direction or supervision. I further certify that the investigations were conducted, and this report was prepared pursuant to the requirements of §60.5371a(a) and (b). Based on my professional knowledge and experience, and inquiry of personnel involved in the assessment, the certification submitted herein is true, accurate, and complete. I am aware that knowingly false statements may be punishable by fine or imprisonment. [40 CFR 60.5371a(b)(3)] 1.2.4. Fugitive Emission GHG and VOC Standards for Collection of Fugitive Emissions Components For each affected facility under §60.5365a(j), you must reduce GHG (in the form of a limitation on emissions of methane) and VOC emissions by complying with the requirements of paragraphs §60.5397a(a) through (j). These requirements are independent of the closed vent system and cover requirements in §60.5411a. 38 Alternatively, you may comply with the requirements of §60.5398b, including the notification, recordkeeping, and reporting requirements outlined in §60.5424b. For the purpose of this subpart, compliance with the requirements in §60.5398b will be deemed compliance with this section. When complying with §60.5398b, the definitions in §60.5430b shall apply for those activities conducted under §60.5398b. [40 CFR 60.5397a] 1.2.4.1. You must monitor all fugitive emission components, as defined in §60.5430a, in accordance with paragraphs §60.5397a(b) through (g). You must repair all sources of fugitive emissions in accordance with §60.5397a(h). You must keep records in accordance with §60.5397a(i) and report in accordance with §60.5397a(j). For purposes of this section, fugitive emissions are defined as: Any visible emission from a fugitive emissions component observed using optical gas imaging or an instrument reading of 500 parts per million (ppm) or greater using Method 21 of appendix A-7 to this part. [40 CFR 60.5397a(a)] 1.2.4.2. You must develop an emissions monitoring plan that covers the collection of fugitive emissions components at compressor stations within each company-defined area in accordance with §60.5397a(c) and (d). [40 CFR 60.5397a(b)] 1.2.4.3. Fugitive emissions monitoring plans must include the elements specified in §60.5397a(c)(1) through (8), at a minimum. [40 CFR 60.5397a(c)] 1.2.4.3.1. Frequency for conducting surveys. Surveys must be conducted at least as frequently as required by paragraphs §60.5397a(f) and (g). [40 CFR 60.5397a(c)(1)] 1.2.4.3.2. Technique for determining fugitive emissions (i.e., Method 21 of appendix A-7 to this part or optical gas imaging meeting the requirements in paragraphs §60.5397a(c)(7)(i) through (vii). [40 CFR 60.5397a(c)(2)] 1.2.4.3.3. Manufacturer and model number of fugitive emissions detection equipment to be used. [40 CFR 60.5397a(c)(3)] 1.2.4.3.4. Procedures and timeframes for identifying and repairing fugitive emissions components from which fugitive emissions are detected, including timeframes for fugitive emission components that are 39 unsafe to repair. Your repair schedule must meet the requirements of paragraph §60.5397a(h) at a minimum. [40 CFR 60.5397a(c)(4)] 1.2.4.3.5. Procedures and timeframes for verifying fugitive emission component repairs. [40 CFR 60.5397a(c)(5)] 1.2.4.3.6. Records that will be kept and the length of time records will be kept. [40 CFR 60.5397a(c)(6)] 1.2.4.3.7. If you are using optical gas imaging, your plan must also include the elements specified in paragraphs §60.5397a(c)(7)(i) through (vii). [40 CFR 60.5397a(c)(7)] 1.2.4.3.7.1. Verification that your optical gas imaging equipment meets the specifications of paragraphs §60.5397a(c)(7)(i)(A) and (B). This verification is an initial verification, and may either be performed by the facility, by the manufacturer, or by a third party. For the purposes of complying with the fugitives emissions monitoring program with optical gas imaging, a fugitive emission is defined as any visible emissions observed using optical gas imaging. [40 CFR 60.5397a(c)(7)(i)] 1.2.4.3.7.1.1. Your optical gas imaging equipment must be capable of imaging gases in the spectral range for the compound of highest concentration in the potential fugitive emissions. [40 CFR 60.5397a(c)(7)(i)(A)] 1.2.4.3.7.1.2. Your optical gas imaging equipment must be capable of imaging a gas that is half methane, half propane at a concentration of 10,000 ppm at a flow rate of ≤60g/hr from a quarter inch diameter orifice. [40 CFR 60.5397a(c)(7)(i)(B)] 1.2.4.3.7.2. Procedure for a daily verification check. [40 CFR 60.5397a(c)(7)(ii)] 1.2.4.3.7.3. Procedure for determining the operator's maximum viewing distance from the equipment and how the operator will ensure that this distance is maintained. 40 [40 CFR 60.5397a(c)(7)(iii)] 1.2.4.3.7.4. Procedure for determining maximum wind speed during which monitoring can be performed and how the operator will ensure monitoring occurs only at wind speeds below this threshold. [40 CFR 60.5397a(c)(7)(iv)] 1.2.4.3.7.5. Procedures for conducting surveys, including the items specified in paragraphs §60.5397a(c)(7)(v)(A) through (C). [40 CFR 60.5397a(c)(7)(v)] 1.2.4.3.7.5.1. How the operator will ensure an adequate thermal background is present in order to view potential fugitive emissions. [40 CFR 60.5397a(c)(7)(v)(A)] 1.2.4.3.7.5.2. How the operator will deal with adverse monitoring conditions, such as wind. [40 CFR 60.5397a(c)(7)(v)(B)] 1.2.4.3.7.5.3. How the operator will deal with interferences (e.g., steam). [40 CFR 60.5397a(c)(7)(v)(C)] 1.2.4.3.7.6. Training and experience needed prior to performing surveys. [40 CFR 60.5397a(c)(7)(vi)] 1.2.4.3.7.7. Procedures for calibration and maintenance. At a minimum, procedures must comply with those recommended by the manufacturer. [40 CFR 60.5397a(c)(7)(vii)] 1.2.4.3.8. If you are using Method 21 of appendix A-7 of this part, your plan must also include the elements specified in paragraphs §60.5397a(c)(8)(i) through (iii). For the purposes of complying with the fugitive emissions monitoring program using Method 21 of appendix A-7 of this part, a fugitive emission is defined as an instrument reading of 500 ppm or greater. [40 CFR 60.5397a(c)(8)] 1.2.4.3.8.1. Verification that your monitoring equipment meets the requirements specified in Section 6.0 of Method 21 at 40 CFR part 60, appendix A-7. For purposes of instrument 41 capability, the fugitive emissions definition shall be 500 ppm or greater methane using a FID-based instrument. If you wish to use an analyzer other than a FID-based instrument, you must develop a site-specific fugitive emission definition that would be equivalent to 500 ppm methane using a FID-based instrument (e.g., 10.6 eV PID with a specified isobutylene concentration as the fugitive emission definition would provide equivalent response to your compound of interest). [40 CFR 60.5397a(c)(8)(i)] 1.2.4.3.8.2. Procedures for conducting surveys. At a minimum, the procedures shall ensure that the surveys comply with the relevant sections of Method 21 at 40 CFR part 60, appendix A-7, including Section 8.3.1. [40 CFR 60.5397a(c)(8)(ii)] 1.2.4.3.8.3. Procedures for calibration. The instrument must be calibrated before use each day of its use by the procedures specified in Method 21 of appendix A-7 of this part. At a minimum, you must also conduct precision tests at the interval specified in Method 21 of appendix A-7 of this part, Section 8.1.2, and a calibration drift assessment at the end of each monitoring day. The calibration drift assessment must be conducted as specified in paragraph §60.5397a(c)(8)(iii)(A). Corrective action for drift assessments is specified in paragraphs §60.5397a(c)(8)(iii)(B) and (C). [40 CFR 60.5397a(c)(8)(iii)] 1.2.4.3.8.3.1. Check the instrument using the same calibration gas that was used to calibrate the instrument before use. Follow the procedures specified in Method 21 of appendix A-7 of this part, Section 10.1, except do not adjust the meter readout to correspond to the calibration gas value. If multiple scales are used, record the instrument reading for each scale used. Divide the arithmetic difference of the initial and post-test calibration response by the corresponding calibration gas value for each scale and multiply by 100 to express the calibration drift as a percentage. [40 CFR 60.5397a(c)(8)(iii)(A)] 1.2.4.3.8.3.2. If a calibration drift assessment shows a negative drift of more than 10 percent, then all equipment 42 with instrument readings between the fugitive emission definition multiplied by (100 minus the percent of negative drift/divided by 100) and the fugitive emission definition that was monitored since the last calibration must be re-monitored. [40 CFR 60.5397a(c)(8)(iii)(B)] 1.2.4.3.8.3.3. 1.2.4.4. If any calibration drift assessment shows a positive drift of more than 10 percent from the initial calibration value, then, at the owner/operator's discretion, all equipment with instrument readings above the fugitive emission definition and below the fugitive emission definition multiplied by (100 plus the percent of positive drift/divided by 100) monitored since the last calibration may be remonitored. [40 CFR 60.5397a(c)(8)(iii)(C)] Each fugitive emissions monitoring plan must include the elements specified in paragraphs §60.5397a(d)(1) through (3), at a minimum, as applicable. [40 CFR 60.5397a(d)] 1.2.4.4.1. If you are using optical gas imaging, your plan must include procedures to ensure that all fugitive emissions components are monitored during each survey. Example procedures include, but are not limited to, a sitemap with an observation path, a written narrative of where the fugitive emissions components are located and how they will be monitored, or an inventory of fugitive emissions components. [40 CFR 60.5397a(d)(1)] 1.2.4.4.2. If you are using Method 21 of appendix A-7 of this part, your plan must include a list of fugitive emissions components to be monitored and method for determining the location of fugitive emissions components to be monitored in the field (e.g., tagging, identification on a process and instrumentation diagram, etc.). [40 CFR 60.5397a(d)(2)] 1.2.4.4.3. Your fugitive emissions monitoring plan must include the written plan developed for all of the fugitive emissions components designated as difficult-to-monitor in accordance with paragraph §60.5397a(g)(3), and the written plan for fugitive emissions components designated as unsafe-to-monitor in accordance with paragraph §60.5397a(g)(4). 43 [40 CFR 60.5397a(d)(3)] 1.2.4.5. Each monitoring survey shall observe each fugitive emissions component, as defined in §60.5430a, for fugitive emissions. [40 CFR 60.5397a(e)] 1.2.4.6. For a modified collection of fugitive components at a compressor station, the initial monitoring survey must be conducted within 90 days of the modification. [40 CFR 60.5397a(f)(2)] 1.2.4.7. A monitoring survey of each collection of fugitive emissions components at a compressor station must be performed at the frequencies specified in paragraph §60.5397a(g)(2), with the exceptions noted in paragraphs §60.5397a(g)(3) and (4). [40 CFR 60.5397a(g)] 1.2.4.7.1. A monitoring survey of the collection of fugitive emissions components at a compressor station must be conducted at least quarterly after the initial survey. Consecutive quarterly monitoring surveys must be conducted at least 60 days apart. [40 CFR 60.5397a(g)(2)] 1.2.4.7.2. Fugitive emissions components that cannot be monitored without elevating the monitoring personnel more than 2 meters above the surface may be designated as difficult-to-monitor. Fugitive emissions components that are designated difficult-to-monitor must meet the specifications of paragraphs §60.5397a(g)(3)(i) through (iv). [40 CFR 60.5397a(g)(3)] 1.2.4.7.2.1. A written plan must be developed for all of the fugitive emissions components designated difficult-to-monitor. This written plan must be incorporated into the fugitive emissions monitoring plan required by paragraphs §60.5397a(b), (c), and (d). [40 CFR 60.5397a(g)(3)(i)] 1.2.4.7.2.2. The plan must include the identification and location of each fugitive emissions component designated as difficultto-monitor. [40 CFR 60.5397a(g)(3)(ii)] 44 1.2.4.7.2.3. The plan must include an explanation of why each fugitive emissions component designated as difficult-to-monitor is difficult-to-monitor. [40 CFR 60.5397a(g)(3)(iii)] 1.2.4.7.2.4. The plan must include a schedule for monitoring the difficult-to-monitor fugitive emissions components at least once per calendar year. [40 CFR 60.5397a(g)(3)(iv)] 1.2.4.7.3. Fugitive emissions components that cannot be monitored because monitoring personnel would be exposed to immediate danger while conducting a monitoring survey may be designated as unsafe-tomonitor. Fugitive emissions components that are designated unsafe-to-monitor must meet the specifications of paragraphs §60.5397a(g)(4)(i) through (iv). [40 CFR 60.5397a(g)(4)] 1.2.4.7.3.1. A written plan must be developed for all of the fugitive emissions components designated unsafe-to-monitor. This written plan must be incorporated into the fugitive emissions monitoring plan required by paragraphs §60.5397a(b), (c), and (d). [40 CFR 60.5397a(g)(4)(i)] 1.2.4.7.3.2. The plan must include the identification and location of each fugitive emissions component designated as unsafe-tomonitor. [40 CFR 60.5397a(g)(4)(ii)] 1.2.4.7.3.3. The plan must include an explanation of why each fugitive emissions component designated as unsafe-to-monitor is unsafe-to-monitor. [40 CFR 60.5397a(g)(4)(iii)] 1.2.4.7.3.4. The plan must include a schedule for monitoring the fugitive emissions components designated as unsafe-tomonitor. [40 CFR 60.5397a(g)(4)(iv)] 1.2.4.8. Each identified source of fugitive emissions shall be repaired, as defined in §60.5430a, in accordance with paragraphs §60.5397a(h)(1) and (2). [40 CFR 60.5397a(h)] 45 1.2.4.8.1. A first attempt at repair shall be made no later than 30 calendar days after detection of the fugitive emissions. [40 CFR 60.5397a(h)(1)] 1.2.4.8.2. Repair shall be completed as soon as practicable, but no later than 30 calendar days after the first attempt at repair as required in paragraph §60.5397a(h)(1). [40 CFR 60.5397a(h)(2)] 1.2.4.8.3. Delay of repair will be allowed if the conditions in paragraphs §60.5397a(h)(3)(i) or (ii) are met. [40 CFR 60.5397a(h)(3)] 1.2.4.8.3.1. If the repair is technically infeasible, would require a vent blowdown, a compressor station shutdown, or would be unsafe to repair during operation of the unit, the repair must be completed during the next scheduled compressor station shutdown for maintenance, after a scheduled vent blowdown, or within 2 years of detecting the fugitive emissions, whichever is earliest. For purposes of this paragraph §60.5397a(h)(3), a vent blowdown is the opening of one or more blowdown valves to depressurize major production and processing equipment, other than a storage vessel. [40 CFR 60.5397a(h)(3)(i)] 1.2.4.8.3.2. If the repair requires replacement of a fugitive emissions component or a part thereof, but the replacement cannot be acquired and installed within the repair timelines specified in paragraphs §60.5397a(h)(1) and (2) due to either of the conditions specified in paragraphs §60.5397a(h)(3)(ii)(A) or (B), the repair must be completed in accordance with paragraph §60.5397a(h)(3)(ii)(C) and documented in accordance with §60.5420a(c)(15)(vii)(I). [40 CFR 60.5397a(h)(3)(ii)] 1.2.4.8.3.2.1. Valve assembly supplies had been sufficiently stocked but are depleted at the time of the required repair. [40 CFR 60.5397a(h)(3)(ii)(A)] 1.2.4.8.3.2.2. A replacement fugitive emissions component or a part thereof requires custom fabrication. [40 CFR 60.5397a(h)(3)(ii)(B)] 46 1.2.4.8.3.2.3. 1.2.4.8.4. The required replacement must be ordered no later than 10 calendar days after the first attempt at repair. The repair must be completed as soon as practicable, but no later than 30 calendar days after receipt of the replacement component, unless the repair requires a compressor station shutdown. If the repair requires a compressor station shutdown, the repair must be completed in accordance with the timeframe specified in paragraph §60.5397a(h)(3)(i). [40 CFR 60.5397a(h)(3)(ii)(C)] Each identified source of fugitive emissions must be resurveyed to complete repair according to the requirements in paragraphs §60.5397a(h)(4)(i) through (iv), to ensure that there are no fugitive emissions. [40 CFR 60.5397a(h)(4)] 1.2.4.8.4.1. The operator may resurvey the fugitive emissions components to verify repair using either Method 21 of appendix A-7 of this part or optical gas imaging. [40 CFR 60.5397a(h)(4)(i)] 1.2.4.8.4.2. For each repair that cannot be made during the monitoring survey when the fugitive emissions are initially found, a digital photograph must be taken of that component or the component must be tagged during the monitoring survey when the fugitives were initially found for identification purposes and subsequent repair. The digital photograph must include the date that the photograph was taken and must clearly identify the component by location within the site (e.g., the latitude and longitude of the component or by other descriptive landmarks visible in the picture). [40 CFR 60.5397a(h)(4)(ii)] 1.2.4.8.4.3. Operators that use Method 21 of appendix A-7 of this part to resurvey the repaired fugitive emissions components are subject to the resurvey provisions specified in paragraphs §60.5397a(h)(4)(iii)(A) and (B). [40 CFR 60.5397a(h)(4)(iii)] 1.2.4.8.4.3.1. A fugitive emissions component is repaired when the Method 21 instrument indicates a concentration of less than 500 ppm above background or when no soap bubbles are observed when the alternative 47 screening procedures specified in section 8.3.3 of Method 21 of appendix A-7 of this part are used. [40 CFR 60.5397a(h)(4)(iii)(A)] 1.2.4.8.4.3.2. 1.2.4.8.4.4. Operators must use the Method 21 monitoring requirements specified in paragraph §60.5397a(c)(8)(ii) or the alternative screening procedures specified in section 8.3.3 of Method 21 of appendix A-7 of this part. [40 CFR 60.5397a(h)(4)(iii)(B)] Operators that use optical gas imaging to resurvey the repaired fugitive emissions components, are subject to the resurvey provisions specified in paragraphs §60.5397a(h)(4)(iv)(A) and (B). [40 CFR 60.5397a(h)(4)(iv)] 1.2.4.8.4.4.1. A fugitive emissions component is repaired when the optical gas imaging instrument shows no indication of visible emissions. [40 CFR 60.5397a(h)(4)(iv)(A)] 1.2.4.8.4.4.2. Operators must use the optical gas imaging monitoring requirements specified in paragraph paragraphs §60.5397a(c)(7). [40 CFR 60.5397a(h)(4)(iv)(B)] 1.2.4.9. Records for each monitoring survey shall be maintained as specified §60.5420a(c)(15). [40 CFR 60.5397a(i)] 1.2.4.10. Annual reports shall be submitted for each collection of fugitive emissions components at a compressor station that include the information specified in §60.5420a(b)(7). Multiple collection of fugitive emissions components at a compressor station may be included in a single annual report. [40 CFR 60.5397a(j)] 1.2.5. Continuous Compliance with the Standards for the Collection of Fugitive Emissions Components at a Compressor Station 1.2.5.1. For each collection of fugitive emissions components at a compressor station, you must demonstrate continuous compliance with the fugitive emission standards specified in §60.5397a(a)(1) according to paragraphs §60.5415a(h)(1) through (4). [40 CFR 60.5415a(h)] 48 1.2.5.1.1. You must conduct periodic monitoring surveys as required in §60.5397a(g). [40 CFR 60.5415a(h)(1)] 1.2.5.1.2. You must repair each identified source of fugitive emissions as required in §60.5397a(h). [40 CFR 60.5415a(h)(2)] 1.2.5.1.3. You must maintain records as specified in §60.5420a(c)(15). [40 CFR 60.5415a(h)(3)] 1.2.5.1.4. You must submit annual reports for collection of fugitive emissions components at a compressor station as required in §60.5420a(b)(1) and (7). [40 CFR 60.5415a(h)(4)] 1.2.6. Notification, Reporting, and Recordkeeping Requirements 1.2.6.1. Notifications. If you own or operate a collection of fugitive emissions components at a compressor station, you are not required to submit the notifications required in §60.7(a)(1), (3), and (4) and §60.15(d). [40 CFR 60.5420a(a)(1)] 1.2.6.2. Reporting requirements. You must submit annual reports containing the information specified in paragraphs §60.5420a(b)(1) and (7). You must submit annual reports following the procedure specified in paragraph §60.5420a(b)(11). The initial annual report is due no later than 90 days after the end of the initial compliance period as determined according to §60.5410a. Subsequent annual reports are due no later than the same date each year as the initial annual report. If you own or operate more than one affected facility, you may submit one report for multiple affected facilities provided the report contains all of the information required as specified in §60.5420a(b)(1) and (7). Annual reports may coincide with title V reports as long as all the required elements of the annual report are included. You may arrange with the Administrator a common schedule on which reports required by this part may be submitted as long as the schedule does not extend the reporting period. [40 CFR 60.5420a(b)] 1.2.6.2.1. The general information specified in paragraphs §60.5420a(b)(1)(i) through (iv) is required for all reports. [40 CFR 60.5420a(b)(1)] 49 1.2.6.2.1.1. The company name, facility site name associated with the affected facility, and address of the affected facility. If an address is not available for the site, include a description of the site location and provide the latitude and longitude coordinates of the site in decimal degrees to an accuracy and precision of five (5) decimals of a degree using the North American Datum of 1983. [40 CFR 60.5420a(b)(1)(i)] 1.2.6.2.1.2. An identification of each affected facility being included in the annual report. [40 CFR 60.5420a(b)(1)(ii)] 1.2.6.2.1.3. Beginning and ending dates of the reporting period. [40 CFR 60.5420a(b)(1)(iii)] 1.2.6.2.1.4. A certification by a certifying 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. [40 CFR 60.5420a(b)(1)(iv)] 1.2.6.2.2. For the collection of fugitive emissions components at each compressor station, report the information specified in paragraphs §60.5420a(b)(7)(i) through (iii), as applicable. [40 CFR 60.5420a(b)(7)] 1.2.6.2.2.1.1. Designation of the type of site (i.e., compressor station) at which the collection of fugitive emissions components is located. [40 CFR 60.5420a(b)(7)(i)(A)] 1.2.6.2.2.1.2. For each collection of fugitive emissions components at a compressor station that became an affected facility during the reporting period, you must include the date of startup or the date of modification. [40 CFR 60.5420a(b)(7)(i)(B)] 1.2.6.2.2.2. For each fugitive emissions monitoring survey performed during the annual reporting period, the information specified in paragraphs §60.5420a(b)(7)(ii)(A) through (G). [40 CFR 60.5420a(b)(7)(ii)] 50 1.2.6.2.2.2.1. Date of the survey. 1.2.6.2.2.2.2. Monitoring instrument used. [40 CFR 60.5420a(b)(7)(ii)(B)] 1.2.6.2.2.2.3. Any deviations from the monitoring plan elements under §60.5397a(c)(1), (2), and (7) and (c)(8)(i), or a statement that there were no deviations from these elements of the monitoring plan. [40 CFR 60.5420a(b)(7)(ii)(C)] 1.2.6.2.2.2.4. Number and type of components for which fugitive emissions were detected. [40 CFR 60.5420a(b)(7)(ii)(D)] 1.2.6.2.2.2.5. Number and type of fugitive emission components that were not repaired as required in §60.5397a(h). [40 CFR 60.5420a(b)(7)(ii)(E)] 1.2.6.2.2.2.6. Number and type of fugitive emission components (including designation as difficult-to-monitor or unsafe-to-monitor, if applicable) on delay of repair and explanation for each delay of repair. [40 CFR 60.5420a(b)(7)(ii)(F)] 1.2.6.2.2.2.7. Date of planned shutdown(s) that occurred during the reporting period if there are any components that have been placed on delay of repair. [40 CFR 60.5420a(b)(7)(ii)(G)] 1.2.6.2.2.3. [40 CFR 60.5420a(b)(7)(ii)(A)] For each collection of fugitive emissions components at a compressor station complying with an alternative fugitive emissions standard under §60.5399a, in lieu of the information specified in paragraphs §60.5420a(b)(7)(i) and (ii), you must provide the information specified in paragraphs §60.5420a(b)(7)(iii)(A) through (C). [40 CFR 60.5420a(b)(7)(iii)] 1.2.6.2.2.3.1. The alternative standard with which you are complying. [40 CFR 60.5420a(b)(7)(iii)(A)] 1.2.6.2.2.3.2. The site-specific reports specified by the specific alternative fugitive emissions standard, submitted in 51 the format in which they were submitted to the state, local, or tribal authority. If the report is in hard copy, you must scan the document and submit it as an electronic attachment to the annual report required in paragraph §60.5420a(b). [40 CFR 60.5420a(b)(7)(iii)(B)] 1.2.6.2.2.3.3. 1.2.6.2.2.4. 1.2.6.2.3. If the report specified by the specific alternative fugitive emissions standard is not site-specific, you must submit the information specified in paragraphs §60.5420a(b)(7)(i) and (ii) for each individual site complying with the alternative standard. [40 CFR 60.5420a(b)(7)(iii)(C)] If you comply with the alternative GHG and VOC standard under §60.5398b, in lieu of the information specified in paragraph §60.5420a(b)(7)(ii), you must provide the information specified in §60.5424b. [40 CFR 60.5420a(b)(7)(iv)] You must submit reports to the EPA via CEDRI, except as outlined in this paragraph §60.5420a(b)(11). CEDRI can be accessed through the EPA's CDX (https://cdx.epa.gov/). You must use the appropriate electronic report template on the CEDRI website for this subpart (https://www.epa.gov/electronic-reporting-airemissions/cedri/). If the reporting form specific to this subpart is not available on the CEDRI website at the time that the report is due, you must submit the report to the Administrator at the appropriate address listed in §60.4. Once the form has been available in CEDRI for at least 90 calendar days, you must begin submitting all subsequent reports via CEDRI. The date reporting forms become available will be listed on the CEDRI website. Unless the Administrator or delegated state agency or other authority has approved a different schedule for submission of reports, the reports must be submitted by the deadlines specified in this subpart, regardless of the method in which the reports are submitted. The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim for some of the information in the report, submit a complete file using the appropriate electronic report template on the CEDRI website, including information claimed to be CBI, to the EPA following the procedures in paragraphs §60.5420a(b)(11)(i) and (ii). Clearly mark the part or 52 all of the information that you claim to be CBI. Information not marked as CBI may be authorized for public release without prior notice. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. All CBI claims must be asserted at the time of submission. Anything submitted using CEDRI cannot later be claimed CBI. Furthermore, under CAA section 114(c), emissi [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Asouthern_ute%3Acd178ad6b50d7be1. Public record. Not legal advice.