Southern Ute Indian Tribe (2024)

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Southern Ute Indian Tribe

Air Quality Division

Title V Operating Permit

Southern Ute Indian Tribe

Environmental Programs Department

Air Quality Division

71 Mike Frost Way

Ignacio, Colorado 81137

AIR POLLUTION CONTROL

TITLE V PERMIT TO OPERATE

In accordance with the provisions of Title V of the Clean Air Act (42 U.S.C. 7661-7661f) and Part

1, Article II of the Southern Ute Indian Tribe/State of Colorado Environmental Commission’s

Reservation Air Code (RAC) and applicable rules and regulations,

SIMCOE, LLC

Dry Creek Central Delivery Point

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 5U, T34N, R7W

La Plata County, Colorado

Terms not otherwise defined in this permit have the meaning assigned to them in the referenced

regulations. All terms and conditions of the permit are enforceable by the Tribe and citizens under

the Clean Air Act.

Daniel Powers, Air Quality Division Head

Environmental Programs Department

Southern Ute Indian Tribe

AIR POLLUTION CONTROL

TITLE V PERMIT TO OPERATE

SIMCOE, LLC

Dry Creek Central Delivery Point

SUIT Account Identification Code: 2-009

Permit Number: V-SUIT-0038-2024.01

[Replaces Permit No.: V-SUIT-0038-2024.00]

Initial Issue Date:

Revised Date:

Expiration Date:

December 30, 2024

September 9, 2025

December 30, 2029

The SUIT account identification code and permit number cited above should be referenced in future

correspondence regarding this facility.

Permit Issuance History

DATE

TYPE OF

ACTION

DESCRIPTION OF ACTION

PERMIT NUMBER

January 2004

Permit Issued

Initial Part 71 Permit Issued

# V-SU-0038-03.00

September 2005

Permit Revision

Administrative Amendment

# V-SU-0038-03.01

May 2006

Permit Revision

Administrative Amendment

# V-SU-0038-03.02

September 2006

Permit Revision

Administrative Amendment

# V-SU-0038-03.03

September 2007

Permit Revision

Administrative Amendment

# V-SU-0038-03.04

January 2008

Permit Revision

Administrative Amendment

# V-SU-0038-03.05

July 2008

Permit Revision

Minor Modification

# V-SU-0038-03.06

October 2009

Permit Issued

1st Part 71 Renewal Permit Issued

# V-SU-0038-08.00

January 31, 2014

Permit Issued

Initial Part 70 Permit Issued

# V-SUIT-0038-2014.00

November 18, 2019

Permit Issued

1st Part 70 Renewal Permit Issued

# V-SUIT-0038-2019.00

December 30, 2020

Permit Revision

January 31, 2023

Permit Revision

December 30, 2024

Permit Issued

Administrative Revision

 Change of ownership from BP

America Production Company to

SIMCOE, LLC.

Minor Permit Revision

 Added compressor engine C-500updated affected units for 40 CFR

60, Subpart OOOOa.

 Removed emission unit Dehy1

and reboiler

Permit Revision

# V-SUIT-0038-2019.02

2nd Part 70 Renewal Permit Issued

# V-SUIT-0038-2024.00

Administrative Revision

Added language to 40 CFR

60, Subpart OOOOa, due to

the 2025 EPA Final Interim

Rule extending compliance

deadlines for 40 CFR 60,

Subpart OOOO/a/b/c.

# V-SUIT-0038-2024.01

September 9, 2025

# V-SUIT-0038-2019.01

Table of Contents

Abbreviations and Acronyms ................................................................................................................................. 3

Section I – Source Information and Emission Unit Identification ............................................................................ 6

Source Information ..........................................................................................................................................6

Source Emission Points ....................................................................................................................................7

Section II – General Requirements ......................................................................................................................... 8

Title V Administrative Requirements ...............................................................................................................8

1.1.

Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118] ................................................................... 8

1.2.

Compliance Requirements ............................................................................................................ 10

1.3.

Duty to Provide and Supplement Information [RAC 2-110(7)(e), 2-106(5), and 2-124] .................. 11

1.4.

Submissions [RAC 2-105] ............................................................................................................... 12

1.5.

Severability Clause [RAC 1-106 and RAC 2-110(1)(f)] ..................................................................... 12

1.6.

Permit Actions [RAC 2-110(3)] ....................................................................................................... 12

1.7.

Administrative Permit Revision [RAC 2-111(2)] ............................................................................. 13

1.8.

Minor Permit Revisions [RAC 2-111(3)] ......................................................................................... 13

1.9.

Significant Permit Revisions [RAC 2-111(4)] .................................................................................. 14

1.10.

Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2-112] ....................... 14

1.11.

Property Rights [RAC 2-110(3)(e)] ................................................................................................. 16

1.12.

Inspection and Entry [RAC 2-110(9)(b)] ......................................................................................... 16

1.13.

[Reserved] ..................................................................................................................................... 16

1.14.

Permit Transfers [RAC 2-113] ........................................................................................................ 16

1.15.

Off-Permit Changes [RAC 2-116(2)] ............................................................................................... 16

1.16.

Permit Expiration and Renewal ..................................................................................................... 17

Facility-Wide Requirements...........................................................................................................................18

2.1.

General Recordkeeping Requirements [RAC 2-110(6)] .................................................................. 18

2.2.

General Reporting Requirements .................................................................................................. 19

2.3.

Alternative Operating Scenarios [RAC 2-110(8)] ............................................................................ 20

2.4.

Permit Shield [RAC 2-110(10)(c)] ................................................................................................... 22

2.5.

Stratospheric Ozone and Climate Protection [40 CFR Part 82]....................................................... 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 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] .................................... 23

National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR Part 63 ...........................50

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] .......................................... 50

Tribal Minor New Source Review...................................................................................................................50

3.1.

Federal Implementation Plan for Managing Air Emissions from True Minor Sources in Indian

Country in the Oil and Natural Gas Production and Natural Gas Processing Segments of the Oil and Natural

Gas Sector [40 CFR 49.101-49.105] [SU-000486] ......................................................................................... 50

1

Reserved – Prevention of Significant Deterioration Requirements ............................................................... 50

Reserved – Consent Decree Requirements ....................................................................................................51

Reserved – Compliance Assurance Monitoring (CAM) Requirements ...........................................................51

Enhanced Monitoring, Recordkeeping, and Reporting..................................................................................51

Section IV – Appendix .......................................................................................................................................... 52

Inspection Information ..................................................................................................................................52

1.1.

Driving Directions: ........................................................................................................................ 52

1.2.

Global Positioning System (GPS): .................................................................................................. 52

1.3.

Safety Considerations: .................................................................................................................. 52

2

Abbreviations and Acronyms

4SLB

4SRB

AFS

AQD

bbl

BACT

CAA

CAM

CEMS

CFR

CMS

COMS

CO

CO2

dscf

dscm

EPA

gal

GPM

H 2S

HAP

hr

ID

kg

lbs

MACT

Mg

MMBtu

MMSCFD

mo

NESHAP

NMHC

NOx

NSPS

NSR

pH

PM

PM10

ppbvd

ppm

ppmvd

PSD

PTE

psi

psia

RAC

RICE

RMP

scf

scfm

SI

SO2

SUIT

tpy

Tribe

Four-Stroke Lean-Burn

Four-Stroke Rich-Burn

Air Facility System database

Southern Ute Indian Tribe’s Air Quality Division

Barrels

Best Available Control Technology

Clean Air Act [42 U.S.C. Section 7401 et seq.]

Compliance Assurance Monitoring

Continuous Emission Monitoring System

Code of Federal Regulations

Continuous Monitoring System (includes COMS, CEMS and diluent monitoring)

Continuous Opacity Monitoring System

Carbon monoxide

Carbon dioxide

Dry standard cubic foot

Dry standard cubic meter

United States Environmental Protection Agency

Gallon

Gallons per minute

Hydrogen sulfide

Hazardous Air Pollutant

Hour

Identification Number

Kilogram

Pounds

Maximum Achievable Control Technology

Megagram

Million British Thermal Units

Million standard cubic feet per day

Month

National Emission Standards for Hazardous Air Pollutants

Non-methane hydrocarbons

Nitrogen Oxides

New Source Performance Standard

New Source Review

Negative logarithm of effective hydrogen ion concentration (acidity)

Particulate Matter

Particulate matter less than 10 microns in diameter

Parts per billion by volume, dry

Parts per million

Parts per million by volume, dry

Prevention of Significant Deterioration

Potential to Emit

Pounds per square inch

Pounds per square inch absolute

Southern Ute Indian Tribe/State of Colorado Environmental Commission’s Reservation

Air Code

Reciprocating Internal Combustion Engine

Risk Management Plan

Standard cubic feet

Standard cubic feet per minute

Spark Ignition

Sulfur Dioxide

Southern Ute Indian Tribe

Ton(s) Per Year

Southern Ute Indian Tribe

3

US EPA

VOC

United States Environmental Protection Agency

Volatile Organic Compounds

4

Table of Figures

Table 1 - Emission Units................................................................................................................. 7

Table 2 - Insignificant Emission Units ........................................................................................... 7

5

Section I – Source Information and Emission Unit Identification

Source Information

Owner Name:

SIMCOE, LLC

Facility Name:

Dry Creek Central Delivery Point

Facility Location:

Latitude:

Section 5U, T34N, R7W

37.213598 °N

Longitude:

-107.640711 °W

State:

Colorado

County:

La Plata

Responsible Official:

Area Manager, Midstream

SIC Code:

1311

ICIS Identification Number:

SU00000008067U0019

EPA Facility Registry ID:

110020496239

Other Clean Air Act Permits

Federal Implementation Plan: # SU-000486

Process Description:

The Dry Creek CDP is a natural gas production field facility prior to the point of custody transfer.

Fruitland coal bed methane wells feed into the gathering pipeline system leading to the inlet of this

facility. The gas does not contain any condensate or natural gas liquids.

Upon entering the compressor station, the gas first passes through an inlet separator vessel to

remove any free liquids in the gas stream by gravity. The gas then passes to a filter vessel, which

serves to filter out any solids such as coal dust in the gas. The gas is then compressed, dehydrated

by tri-ethylene glycol dehydration process and sent to a medium pressure pipeline.

The facility’s primary pollutant-emitting sources are five compressor engines, which are fueled by

natural gas and utilize lean burn technology, and one tri-ethylene glycol dehydrator regenerator

and associated flash tank vent. Current production at this facility is about 18 MMscfd.

6

Source Emission Points

Table 1 - Emission Units

Emission

Unit ID

Control

Equipment

Description

Waukesha L7042GL (4SLB SI) Natural Gas-Fired Compressor Engine

1,478 Name Plate Rated HP

C-100

Serial No.

C-11346/3

Install Date:

08/11/2022

C-200

Serial No.

C-10322/5

Install Date:

04/04/2023

C-300

Serial No.

C-10703/1

Install Date:

05/15/2023

C-400

Serial No.

C-11346/1

Install Date:

08/15/2023

C-500

Serial No.

C-10607/9

Install Date:

09/10/2024

None

Tri-Ethylene Glycol (TEG) Dehydrator Regenerator and Flash Tank Vent,

20 MMscfd

Dehy2

Serial No.

N/A

Install Date:

None

N/A

Table 2 - Insignificant Emission Units

Emission

Unit ID

Amount

Description

Size

Units

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

1

2

2

1

1

1

5

1

1

1

1

Dehydration Unit Reboiler

Tank Heater

Produced Water Tank

Used Oil Sump Tank

Water and Oil Sump Tank

Residual Tri-ethylene Glycol Sump Tank

Lube Oil Tank

Ethylene Glycol Tank

Tri-ethylene Glycol Tank

Pigging

Fugitive Emissions

0.50

0.25

210

95

95

95

500

500

300

~30

N/A

MMBtu/hr

MMBtu/hr

bbl

bbl

bbl

bbl

gal

gal

gal

Mscf/yr

N/A

7

Section II – General Requirements

Title V Administrative Requirements

1.1. Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118]

1.1.1. An annual operating permit emission fee shall be paid to the Tribe by the

permittee.

[RAC 2-118(2)]

1.1.2. The permittee shall pay the annual permit fee each year no later than April 1 st for

the preceding calendar year.

[RAC 2-118(2)]

1.1.3. Fee payments shall be remitted in the form of a money order, bank draft, certified

check, corporate check, or electronic funds transfer payable to the Southern Ute

Indian Tribe and sent or delivered by the United States Postal Service c/o

Environmental Programs Department Part 70 Program, P.O. Box 737 MS #84,

Ignacio, Colorado 81137; or by common carrier (such as UPS or FedEx) c/o

Environmental Programs Department Part 70 Program, 398 Ouray Drive, Ignacio,

Colorado 81137.

[RAC 2-118(4)(a)]

1.1.4. The permittee shall send an updated fee calculation worksheet submitted annually

by the same deadline as required for fee payment to the address listed in the

Submissions section of this permit.

[RAC 2-118]

1.1.5. The permittee shall submit the initial fee calculation work sheet using the most

recent form provided by the Tribe.

[RAC 2-118(2)(c)]

1.1.6. Basis for calculating annual fee:

1.1.6.1.

Subtotal annual fees shall be calculated by multiplying the applicable

emission fee set pursuant to RAC §2-119(1) of this code times the total

tons of actual emissions for each fee pollutant. In lieu of actual emissions,

annual fees may be calculated based on the potential to emit for each fee

pollutant. Emissions of any regulated air pollutant that already are

included in the fee calculation under a category of regulated pollutant,

such as a federally listed hazardous air pollutant that is already accounted

for as a VOC or as PM10, shall be counted only once in determining the

source’s actual emissions.

[RAC 2-119(2)(a)]

8

1.1.6.1.1.

“Actual emissions” means the actual rate of emissions in tpy of

any fee pollutant (for fee calculation) emitted from a Title V

source over the preceding calendar year or any other period

determined by the Tribe to be more representative of normal

operation and consistent with the fee schedule adopted by the Tribe

and approved by the Administrator. Actual emissions shall be

calculated using each emissions units actual operating hours,

production rates, in-place control equipment, and types of

materials processed, stored, or combusted during the preceding

calendar year or other period used for this calculation.

[RAC 1-103(2)]

1.1.6.1.2.

Actual emissions shall be computed using compliance methods

required by the permit.

[RAC 2-118(1)(b)]

1.1.6.1.3.

If actual emissions cannot be determined using the compliance

methods in the permit, the permittee shall use other federally

recognized procedures.

[RAC 2-118(1)(b)]

1.1.6.2.

The total annual fee submitted shall be the greater of the applicable

minimum fee or the sum of subtotal annual fees for all fee pollutants

emitted from the source.

[RAC 2-119(2)(b)]

[Explanatory note: The applicable emission fee amount and applicable minimum fee (if necessary)

are revised each calendar year to account for inflation, and they are available from AQD prior to

the start of each calendar year.]

1.1.6.3.

The permittee shall exclude the following emissions from the calculation

of fees:

1.1.6.3.1.

The amount of actual emissions of any one fee pollutant that the

source emits in excess of 4,000 tpy.

1.1.6.3.2.

Any emissions that come from insignificant activities not required

in a permit application pursuant to RAC §2-106(4).

[RAC 1-103(2)(c)]

1.1.7. Annual fee calculation worksheets shall be certified as to truth, accuracy, and

completeness by a responsible official.

[RAC 2-105 and RAC 2-118(2)(c)]

9

1.1.8. Failure of the permittee to pay fees by the due date shall subject the permittee to

assessment of penalties and interest in accordance with RAC §2-118(6).

[RAC 2-118(6)]

1.1.9. When notified by the Tribe of underpayment of fees, the permittee shall remit full

payment within 30 days of receipt of an invoice from the Tribe.

[RAC 2-119(3)(b)]

1.1.10. A permittee who thinks a Tribe assessed fee is in error and who wishes to

challenge such fee shall provide a written explanation of the alleged error to the

Tribe along with full payment of the assessed fee.

[RAC 2-119(3)(c)]

1.2. Compliance Requirements

1.2.1. Compliance with the Permit

1.2.1.1.

The permittee must comply with all conditions of this part 70 permit. Any

permit noncompliance with federally enforceable or Commission-only

permit conditions constitutes a violation of the RAC and Clean Air Act

and is grounds for enforcement action; for permit termination, revocation

and reissuance, or revision; or for denial of a permit renewal application.

[RAC 2-110(3)(a)]

1.2.1.2.

It shall not be a defense for a permittee in an enforcement action that it

would have been necessary to halt or reduce the permitted activity in order

to maintain compliance with the conditions of this permit.

[RAC 2-110(3)(b)]

1.2.1.3.

All terms and conditions of this permit which are required under the Clean

Air Act or under any of its applicable requirements, including any

provisions designed to limit a source’s potential to emit, are enforceable

by the Administrator and citizens under the Clean Air Act, except terms

and conditions the permit specifically designates as not being federally

enforceable under the Clean Air Act that are not required under the Clean

Air Act or under any of its applicable requirements. Terms and conditions

so designated are not subject to the requirements of RAC §§2-108, 2-111,

2-112, other than those contained in this paragraph.

[RAC 2-110(3)(f)]

1.2.1.4.

This permit, or the filing or approval of a compliance plan, does not

relieve any person from civil or criminal liability for failure to comply

with the provisions of the RAC and the Clean Air Act, applicable

regulations thereunder, and any other applicable law or regulation.

[RAC 2-110(3)(g)]

10

1.2.1.5.

For the purpose of submitting compliance certifications in accordance

with the Compliance Certifications condition below of this permit, or

establishing whether or not a person has violated or is in violation of any

requirement of this permit, nothing shall preclude the use, including the

exclusive use, of any credible evidence or information, relevant to whether

a source would have been in compliance with applicable requirements if

the appropriate performance or compliance test or procedure had been

performed.

[Section 113(a) and 113(e)(1) of the Act, 40 CFR §§51.212, 52.12, 52.33, 60.11(g), and 61.12]

1.2.2. Compliance Certifications

1.2.2.1.

The permittee shall submit to the Tribe and the Administrator an annual

certification of compliance which shall certify the source’s compliance

status with all permit terms and conditions and all applicable requirements

relevant to the source, including those related to emission limitations,

standards, or work practices. The compliance certification shall be

certified as to truth, accuracy, and completeness by a responsible official

consistent with RAC §2-110(9)(a). The certification of compliance shall

be submitted annually by April 1st and shall cover the preceding calendar

year in which the certification of compliance is due, except that the first

annual certification of compliance will cover the period from the issuance

date of this permit through December 31st of the same year.

[RAC 2-110(9)(c)]

1.2.3. Compliance Schedule

1.2.3.1.

For applicable requirements with which the source is in compliance, the

source will continue to comply with such requirements.

[RAC 2-106(4)(l)(ii)]

1.2.3.2.

For applicable requirements that will become effective during the permit

term, the source shall meet such requirements on a timely basis.

[RAC 2-106(4)(l)(iii)]

1.3. Duty to Provide and Supplement Information [RAC 2-110(7)(e), 2-106(5), and 2124]

1.3.1. The permittee shall furnish to the Tribe, within the period specified by the Tribe,

any information that the Tribe request in writing to determine whether cause

exists for reopening and revising, revoking, and reissuing, or terminating the

permit, or to determine compliance with the permit. Upon request, the permittee

shall also furnish to the Tribe copies of records that are required to be kept by the

permit, including information claimed to be confidential. Information claimed to

11

be confidential must be accompanied by a claim of confidentiality according to

the provisions of RAC 2-124.

[RAC 2-110(7)(e) and RAC 2-124]

1.3.2. The permittee, upon becoming aware that any relevant facts were omitted or

incorrect information was submitted in the permit application or in a supplemental

submittal, shall promptly submit such supplementary facts or corrected

information. In addition, a permittee shall provide additional information as

necessary to address any requirements that become applicable after the date a

complete application is filed, but prior to release of a draft permit.

[RAC 2-106(5)]

1.4. Submissions [RAC 2-105]

1.4.1. Any application, form, report, compliance certification, or other document

submitted by the permittee under this permit shall contain a certification by a

responsible official of truth, accuracy, and completeness. This certification shall

state that, based on information and belief formed after reasonable inquiry, the

statements and information in the document are true, accurate, and complete.

[Explanatory Note: The Tribe has developed a reporting form “CTAC” for certifying

truth, accuracy and completeness of part 70 submissions. The form may be found on the

AQD’s website (http://www.southernute-nsn.gov/environmental-programs/air-quality).]

1.4.2. Except where otherwise noted, any documents required to be submitted under this

permit, including reports, test data, monitoring data, notifications, compliance

certifications, fee calculation worksheets, and applications for renewals and

permit modifications shall be submitted:

by email at: airquality@southernute-nsn.gov

or by United States Postal Service:

Part 70 Program

Environmental Programs Department

Air Quality Division

P.O. Box 737 MS #84

Ignacio, Colorado 81137

or by Common Carrier:

Part 70 Program

Environmental Programs Department

Air Quality Division

398 Ouray Drive

Ignacio, CO 81137

1.5. Severability Clause [RAC 1-106 and RAC 2-110(1)(f)]

The provisions of this permit are severable, and in the event of any challenge to any portion

of this permit, or if any provision is held invalid, the remaining permit conditions shall

remain valid and in force.

1.6. Permit Actions [RAC 2-110(3)]

12

1.6.1. This permit may be modified, reopened and revised, revoked and reissued, or

terminated for cause.

[RAC 2-110(3)(c)]

1.6.2. The filing by the permittee of a request for a permit revision, reissuance, or

termination, or of a notification of planned changes or anticipated noncompliance

shall not stay any permit condition.

[RAC 2-110(3)(d)]

1.7. Administrative Permit Revision [RAC 2-111(2)]

1.7.1. The permittee may submit an application for an administrative permit revision as

defined in RAC §1-103.

[RAC 2-111(2)(a)]

1.7.2. The permittee may implement an administrative permit revision immediately

upon submittal of the request for the administrative revision.

[RAC 2-111(2)(c)]

[Note to permittee: If the provisions allowing for an administrative permit revision do not apply,

please contact the Air Quality Division for a determination of similarity prior to submitting your

request for an administrative permit revision.]

1.8. Minor Permit Revisions [RAC 2-111(3)]

1.8.1. The permittee may submit an application for a minor permit revision as defined in

RAC §1-103.

1.8.2. An application requesting the use of minor permit revision procedures shall meet

the requirements of RAC §2-106(4) and shall include the following:

1.8.2.1.

A description of the change, the emissions resulting from the change, and

any new applicable requirements that will apply if the change occurs;

1.8.2.2.

If changes are requested to the permit language, the permittee’s suggested

draft permit changes;

1.8.2.3.

Certification by a responsible official, consistent with RAC §2-105, that

the proposed revision meets the criteria for use of minor permit revision

procedures and a request that such procedures be used; and

1.8.2.4.

Completed forms for the Tribe to use to notify the Administrator and

affected programs as required under RAC §2-108.

13

1.8.2.5.

If the requested permit revision would affect existing compliance plans or

schedules, related progress reports, or certification of compliance

requirements, and an outline of such effects.

[RAC 2-111(3)(a)]

1.8.3. The permittee shall not submit multiple minor permit revision applications that

may conceal a larger revision that would not constitute a minor permit revision.

[RAC 2-111(3)(b)]

1.8.4. The permittee may make the change proposed in its minor permit revision

application immediately after it files such application, provided, however, for

sources that have previously utilized this provision during the term of the permit

and, on two or more occasions have failed to file a complete application, may

thereafter make the change only after the application is deemed complete. After

the permittee makes the change and until the Tribe takes any of the actions

specified in the following subsection, the permittee must comply with both the

applicable requirements governing the change and the proposed permit terms and

conditions. During this period, the permittee need not comply with the existing

permit terms and conditions it seeks to modify. If the permittee fails to comply

with its proposed permit terms and conditions during this period, however, the

existing permit terms and conditions it seeks to modify may be enforced against

it. The filing of a minor permit revision application does not authorize

construction or modification of a source under the NSR preconstruction permit

program. It is the permittee’s responsibility to determine if a preconstruction

permit is required prior to commencing construction, modification, or

reconstruction.

[RAC 2-111(3)(e)]

1.8.5. The permit shield under RAC §2-110(10) does not extend to minor permit

revisions.

[RAC 2-110(10)(d)]

1.9. Significant Permit Revisions [RAC 2-111(4)]

1.9.1. The permittee must request the use of significant permit revision procedures as

defined in RAC §1-103.

1.9.2. Significant permit revisions shall meet all requirements of the RAC for permit

issuance and renewal, including those for applications, review by the

Administrator and affected programs, and public participation.

[RAC 2-111(4), 2-109, and 2-106(3)]

1.10. Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2112]

14

1.10.1. The permit may be reopened and revised for any of the reasons listed in the

paragraphs below. Alternatively, the permit may be revoked and reissued for the

reasons listed in the paragraphs below:

1.10.1.1.

Additional requirements under the Clean Air Act become applicable to a

major source with a remaining permit term of 3 or more years, provided

that the Tribe shall revise such permits to incorporate such additional

requirements no later than 18 months after promulgation of such

requirements, and no such reopening is required if the effective date of the

requirement is later than the permit expiration date unless the original

permit or any of its terms or conditions have been extended past the permit

expiration date pursuant to RAC §2-104(2)(b)(iii);

1.10.1.2.

Additional requirements (including excess emissions requirements)

become applicable to an affected source under the acid rain program.

Upon approval by the Administrator, excess emissions offset plans shall

be deemed to be incorporated into the permit;

1.10.1.3.

The Tribe or the Administrator determines that the permit contains a

material mistake or that inaccurate statements were made in establishing

the terms or conditions of the permit; or

1.10.1.4.

The Tribe or the Administrator determines that the permit must be revised

or revoked and reissued to assure compliance with applicable

requirements.

1.10.2. The permit may be terminated for any of the reasons listed below:

1.10.2.1.

The permittee fails to meet the requirements of an approved compliance

plan;

1.10.2.2.

The permittee has been in significant or repetitious noncompliance with

the operating permit terms or conditions;

1.10.2.3.

The permittee has exhibited a history of willful disregard for

environmental laws of any tribal or state authority, or of the United States;

1.10.2.4.

The permittee has knowingly misrepresented a material fact in any

application, record, report, plan, or other document filed or required to be

maintained under the permit;

1.10.2.5.

The permittee falsifies, tampers with, or renders inaccurate any monitoring

device or method required to be maintained under the permit;

1.10.2.6.

The permittee fails to pay fees required under RAC§§2-118 and 2-119; or

15

1.10.2.7.

1.11.

The Administrator has found that cause exists to terminate the permit.

Property Rights [RAC 2-110(3)(e)]

This permit does not convey any property rights of any sort, or any exclusive privilege.

1.12.

Inspection and Entry [RAC 2-110(9)(b)]

Upon presentation of credentials and other documents as may be required by law, the

permittee shall allow authorized representatives of the Tribe or other authorized

representative to perform the following:

1.12.1. Enter upon the permittee’s premises where a source is located or emissionsrelated activity is conducted, or where records must be kept under the conditions

of the permit;

1.12.2. Have access to and copy, at reasonable times, any records that must be kept under

the conditions of the permit;

1.12.3. Inspect at reasonable times any facilities, equipment (including monitoring and air

pollution control equipment), practices, or operations regulated or required under

the permit; and

1.12.4. As authorized by the Clean Air Act, sample or monitor at reasonable times

substances or parameters for the purpose of assuring compliance with the permit

or applicable requirements.

1.13.

[Reserved]

1.14.

Permit Transfers [RAC 2-113]

1.14.1. This permit shall not be transferable, by operation of law or otherwise, from one

location to another or from one source to another, except that a permit may be

transferred from one location to another in the case of a portable source that has

notified the Tribe in advance of the transfer, pursuant to the RAC. A permit for a

source may be transferred from one person to another if the Tribe finds that the

transferee is capable of operating the source in compliance with the permit. This

transfer must be accomplished through an administrative permit revision in

accordance with the Administrative Permit Revisions section of this permit.

1.15.

Off-Permit Changes [RAC 2-116(2)]

16

1.15.1. The permittee is allowed to make, without a permit revision, certain changes that

are not addressed or prohibited by this permit provided that the following

requirements are met:

1.15.1.1.

Each such change meets all applicable requirements and shall not violate

any existing permit term or condition;

1.15.1.2.

Such changes are not subject to any requirements under title IV of the

Clean Air Act and are not modifications under title I of the Clean Air Act;

1.15.1.3.

Such changes are not subject to permit revision procedures under RAC §2111; and

1.15.1.4.

The permittee provides contemporaneous written notice to the Tribe and

the Administrator of each such change, except for changes that qualify as

insignificant activities. Such notice shall state when the change occurred

and shall describe the change, any resulting emissions change, pollutants

emitted, and any applicable requirement that would apply as a result of the

change.

[RAC 2-116(2)(a)]

1.15.2. The permit shield does not apply to changes made under this provision.

[RAC 2-110(10)(d)]

1.15.3. The permittee shall keep a record describing changes made at the source that

result in emissions of any regulated air pollutant subject to an applicable

requirement, but not otherwise regulated under the permit, and the emissions

resulting from those changes.

[RAC 2-116(2)(b)]

1.15.4. A copy of each off-permit change notification shall be made available to the Tribe

upon request.

[RAC 2-110(6)]

1.16.

Permit Expiration and Renewal

[RAC §§2-104(3), 2-106(2)(b), 2-107(7)(a), 2-107(7)(b), 2-110(1)(a), and 2-106(3)]

1.16.1. This permit shall expire five years from the issuance date of this permit.

[RAC 2-110(1)(a)]

1.16.2. Expiration of this permit terminates the permittee’s right to operate unless a

timely and complete permit renewal application has been submitted at least 6

months but not more than 18 months prior to the date of expiration of this permit.

[RAC 2-107(7)(b)]

17

1.16.3. If the permittee submits a timely and complete permit application for renewal,

consistent with RAC §2-106 but the Tribe has failed to issue or disapprove a

renewal permit before the end of the permit term, then the permit shall not expire

and all its terms and conditions shall remain in effect until the renewal permit has

been issued or disapproved.

[RAC 2-104(2)(b)]

1.16.4. The ability to operate under this permit shall cease if (1) the Tribe takes final

action to issue the permittee a renewal permit or deny the permittee a permit or

(2) the permittee fails to submit by the deadline specified in writing by the Tribe

any additional information identified as being needed to process the application.

[RAC 2-104(3)]

1.16.5. Renewal of this permit is subject to the same procedures, including those for

public participation and affected program and EPA review, as those that apply to

initial permit issuance.

[RAC 2-107(7)(a)]

1.16.6. The application for renewal shall include the current permit number, description

of permit revisions and off permit changes that occurred during the permit term,

any applicable requirements that were promulgated and not incorporated into the

permit during the permit term, and other information required by the application

form.

[RAC 2-106(4)(e)(ix)]

Facility-Wide Requirements

Conditions in this section of the permit apply to all emissions units located at the facility, including

any units not specifically listed in Table 1 or Table 2 of the Source Emission Points section of this

permit.

[RAC 2-110(1)(d)]

2.1. General Recordkeeping Requirements [RAC 2-110(6)]

The permittee shall comply with the following generally applicable recordkeeping

requirements:

2.1.1. If the permittee determines that his or her stationary source that emits (or has the

potential to emit, without federally recognized controls) one or more hazardous

air pollutants is not subject to a relevant standard or other requirement established

under 40 CFR part 63, the permittee shall keep a record of the applicability

determination, for a period of five years after the determination, or until the

source changes its operations to become an affected source, whichever comes

first. Each of these records shall be made available to the Tribe upon request. The

record of the applicability determination shall include an analysis (or other

18

information) that demonstrates why the permittee believes the source is

unaffected (e.g., because the source is an area source).

[40 CFR 63.10(b)(3)]

2.1.2. Records shall be kept of off permit changes made, as required by the Off Permit

Changes section of this permit.

2.2. General Reporting Requirements

2.2.1. The permittee shall submit to the Tribe all reports of any required monitoring

under this permit semiannually, by April 1 and October 1 of each year. The

report due on April 1 shall cover the July 1 - December 31 reporting period of the

previous calendar year. The report due on October 1 shall cover the January 1 June 30 reporting period of the current calendar year. All instances of deviations

from permit requirements shall be clearly identified in such reports. All required

reports shall be certified by a responsible official consistent with the Submissions

section of this permit.

[RAC 2-110(7)(a)]

2.2.2. “Deviation” means any situation in which an emissions unit fails to meet a permit

term or condition. A deviation is not always a violation. A deviation can be

determined by observation or through review of data obtained from any testing,

monitoring, or recordkeeping established in accordance with RAC 2-110(5) and

(6). For a situation lasting more than 24 hours which constitutes a deviation, each

24 hour period is considered a separate deviation. Included in the meaning of

deviation are any of the following:

2.2.2.1.

A situation where emissions exceed an emission limitation or standard;

2.2.2.2.

A situation where process or emissions control device parameter values

indicate that an emission limitation or standard has not been met; or

2.2.2.3.

A situation in which observations or data collected demonstrate

noncompliance with an emission limitation or standard or any work

practice or operating condition required by the permit.

2.2.2.4.

A situation in which an exceedance or an excursion, as defined in 40 CFR

Part 64 occurs.

[RAC 1-103(21)]

2.2.3. The permittee shall promptly report to the Tribe deviations from permit

requirements, (including emergencies), including the date, time, duration, and the

probable cause of such deviations, the quantity and pollutant type of excess

emissions resulting from the deviation, and any preventative, mitigation, or

19

corrective actions or measures taken. Prompt deviation reports shall be submitted

to the following email address: airquality@southernute-nsn.gov

2.2.4.

“Prompt” is defined as follows:

2.2.4.1.

Where the underlying applicable requirement contains a definition of

“prompt” or otherwise specifies a time frame for reporting deviations, that

definition or time frame shall govern.

2.2.4.2.

Where the underlying applicable requirement fails to address the time

frame for reporting deviations, reports of deviations will be submitted

based on the following schedule:

2.2.4.2.1.

For emissions of a hazardous air pollutant or a toxic air pollutant

(as identified in the applicable regulation) that continue for more

than an hour in excess of permit requirements, the report must be

made by email, telephone, verbal, or facsimile communication by

the close of business the next working day, upon discovery of the

occurrence, and in writing within 10 working days from the

occurrence;

2.2.4.2.2.

For emissions of any regulated air pollutant, excluding those listed

in RAC §2-110(7)(b)(i), that continue for more than 2 hours in

excess of permit requirements, the report must be made by email,

telephone, verbal, or facsimile communication by the close of

business the next working day, upon discovery of the occurrence,

and in writing within 10 working days from the occurrence;

2.2.4.2.3.

For all other deviations from permit requirements, the report shall

be contained in the report submitted with the semi-annual

monitoring report.

[RAC 2-110(7)(b)]

2.3. Alternative Operating Scenarios [RAC 2-110(8)]

2.3.1. Replacement of an existing engine or turbine identified in this permit shall be

allowed as an off-permit change pursuant to the Off Permit Changes provisions of

this permit provided all of the following conditions are met:

2.3.1.1.

The engine or turbine replacement is not subject to any requirements

under Title IV of the Clean Air Act and is not a modification under Title I

of the Clean Air Act;

20

2.3.1.2.

The replacement engine or turbine is of the same make, model,

horsepower rating, and configured to operate in the same manner as the

engine or turbine being replaced.

2.3.1.3.

The replacement engine or turbine meets all applicable requirements

identified in this permit that apply to the existing engine or turbine being

replaced.

2.3.1.4.

All applicable requirements that apply to the replacement engine or

turbine are already included in the permit. Replacement of an existing

engine or turbine identified in this permit with a new, modified, or

reconstructed engine must utilize a Minor Permit Revision as specified in

RAC 2-111(3) or a Significant Permit Revision as specified in RAC 2111(4) to incorporate any new applicable requirements. The applicable

requirements include, but may not be limited to:

2.3.1.4.1.

Standards of Performance for Stationary Compression Ignition

Internal Combustion at 40 CFR Part 60, Subpart IIII;

2.3.1.4.2.

Standards of Performance for Stationary Spark Ignition Internal

Combustion Engines at 40 CFR Part 60, Subpart JJJJ;

2.3.1.4.3.

National Emission Standard for Hazardous Air Pollutants for

Stationary Reciprocating Internal Combustion Engines at 40 CFR

Part 63, Subpart ZZZZ;

2.3.1.4.4.

Standards of Performance for Stationary Gas Turbines at 40 CFR

Part 60, Subpart GG;

2.3.1.4.5.

Standards of Performance for Stationary Combustion Turbines at

40 CFR Part 60, Subpart KKKK;

2.3.1.4.6.

National Emission Standard for Hazardous Air Pollutants for

Stationary Combustion Turbines at 40 CFR Part 63, Subpart

YYYY;

2.3.1.4.7.

Requirements established in a permit or permits issued pursuant to

the Federal Minor New Source Review Program in Indian Country

at 40 CFR Part 49;

2.3.1.4.8.

Requirements established in a permit or permits issued pursuant to

the Prevention of Significant Deterioration of Air Quality Program

at 40 CFR Part 52; or

21

2.3.1.4.9.

Requirements established in any promulgated Federal

Implementation Plan that may apply to engines located on the

Southern Ute Indian Reservation.

2.3.2. The permittee shall provide contemporaneous written notice to the Tribe and the

Administrator of any replacement of an existing engine or turbine identified in

this permit. Such notice shall state when the replacement occurred and shall

describe the replacement and any applicable requirement that would apply as a

result of the replacement.

2.3.3. The permittee shall keep a record of the engine or turbine replacement.

2.3.4. The use of a backup thermal oxidizer with equivalent capacity and emission

destruction efficiency and configured to operate in the same manner as the

primary thermal oxidizer shall be an allowed alternative operating scenario under

this permit provided that the following conditions are met:

2.3.4.1.

Any emission limits, requirements, testing or other provisions that apply to

the primary thermal oxidizer shall also apply to the backup thermal

oxidizer except that an annual performance test shall only be conducted on

the backup thermal oxidizer if the unit operates for more than 500 hours in

any calendar year.

2.3.4.2.

At no time shall the backup thermal oxidizer operate at the same time the

primary thermal oxidizer is operating except periods of transition between

the primary and backup thermal oxidizers. Transition events shall be

documented, last no more than 30 minutes in duration, and will be

reported as excess emission events.

2.4. Permit Shield [RAC 2-110(10)(c)]

Nothing in this permit shall alter or affect the following:

2.4.1. The provisions of Section 303 of the Clean Air Act, 42 U.S.C. §7603 concerning

emergency powers, including the respective authorities of the Administrator under

those sections;

2.4.2. The liability of a permittee for any violation of applicable requirements prior to or

at the time of permit issuance;

2.4.3. The applicable requirements of the acid rain program consistent with section

408(a) of the Act; or

2.4.4. The ability of the Administrator respectively to obtain information from a source

pursuant to Section 114 of the Clean Air Act, 42 U.S.C. §7414.

22

2.5. Stratospheric Ozone and Climate Protection [40 CFR Part 82]

The permittee shall comply with the standards for recycling and emissions reduction

pursuant to 40 CFR Part 82, Subpart F:

2.5.1. Persons opening appliances for maintenance, service, repair, or disposal must

comply with the required practices pursuant to 40 CFR §82.156.

2.5.2. Equipment used during the maintenance, service, repair, or disposal of appliances

must comply with the standards for recycling and recovery equipment pursuant to

40 CFR §82.158.

2.5.3. Persons performing maintenance, service, repair, or disposal of appliances must

be certified by an approved technician certification program pursuant to 40 CFR

§82.161.

Section III – Site Specific Permit Terms

New Source Performance Standards (NSPS) and 40 CFR Part 60

1.1. 40 CFR Part 60, Subpart 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.

1.1.1. Affected Sources

The collection of fugitive emissions components at Dry Creek Central Delivery

Point is considered an affected facility under 40 CFR Part 60, Subpart OOOOa.

[40 CFR 60.5365a(j)]

1.1.2. General Requirements

1.1.2.1.

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,

23

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)]

1.1.3. Super-Emitter Events

The provisions of this section will not apply between July 31, 2025, and January

22, 2027. The provisions of this section will apply after January 22, 2027. This

section applies to super-emitter events. For purposes of this section, a superemitter event is defined as any emissions event that is located at or near an oil and

gas facility (e.g., individual well site, natural gas processing plant or compressor

station) and that is detected using remote detection methods and has a quantified

emission rate of 100 kg/hr of methane or greater. Upon receiving a notification of

a super emitter event issued by the EPA under §60.5371b(c) in subpart OOOOb

of this part, owners or operators must take the actions listed in paragraphs

§60.5371a(a) and (b). Within 5 calendar days of receiving a notification from the

EPA of a super-emitter event, the owner or operator of an oil and natural gas

facility (e.g., a well site, centralized production facility, natural gas processing

plant, or compressor station) must initiate a super-emitter event investigation.

[40 CFR 60.5371a]

1.1.3.1.

Identification of super-emitter events.

[40 CFR 60.5371a(a)]

1.1.3.1.1.

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)]

1.1.3.1.2.

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)]

24

1.1.3.1.3.

1.1.3.2.

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)]

1.1.3.1.3.1.

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)]

1.1.3.1.3.2.

Review all monitoring data from control devices (e.g.,

flares) from the affected facilities subject to regulation

under this subpart from the initial date of detection of the

super-emitter event as identified in the notification, until

the date of receiving the notification from the EPA to

identify malfunctions of control devices or periods when

the control devices were not in compliance with applicable

requirements and that indicate a potential source of the

super-emitter event emissions.

[40 CFR 60.5371a(a))3)(ii)]

1.1.3.1.3.3.

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)]

1.1.3.1.3.4.

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).

25

[40 CFR 60.5371a(b)]

1.1.3.2.1.

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)]

1.1.3.2.1.1.

Notification Report ID of the super-emitter event

notification (which is provided in the EPA notification).

[40 CFR 60.5371a(b)(1)(i)]

1.1.3.2.1.2.

Identification of whether you are the owner or operator of

an oil and natural gas facility within 50 meters from the

latitude and longitude provided in the EPA notification. If

you do not own or operate an oil and natural gas facility

within 50 meters from the latitude and longitude provided

in the EPA notification, you are not required to report the

information in paragraphs §60.5371a(b)(1)(iii) through

(viii).

[40 CFR 60.5371a(b)(1)(ii)]

1.1.3.2.1.3.

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)]

1.1.3.2.1.4.

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)]

1.1.3.2.1.5.

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

26

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)]

1.1.3.2.1.6.

The source(s) of the super-emitter event.

[40 CFR 60.5371a(b)(1)(vi)]

1.1.3.2.1.7.

Identification of whether the source of the super-emitter

event is an affected facility or associated equipment subject

to regulation under of this subpart. If the source of the

super-emitter event is an affected facility or associated

equipment subject to regulation under this subpart, identify

the applicable regulation(s) under this subpart.

[40 CFR 60.5371a(b)(1)(vii)]

1.1.3.2.1.8.

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)]

1.1.3.2.1.8.1.

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)]

1.1.3.2.1.8.2.

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)]

1.1.3.2.2.

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)]

27

1.1.3.2.3.

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)]

1.1.4. 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.

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]

1.1.4.1.

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)]

1.1.4.2.

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)]

28

1.1.4.3.

Fugitive emissions monitoring plans must include the elements specified

in §60.5397a(c)(1) through (8), at a minimum.

[40 CFR 60.5397a(c)]

1.1.4.3.1.

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)]

1.1.4.3.2.

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)]

1.1.4.3.3.

Manufacturer and model number of fugitive emissions detection

equipment to be used.

[40 CFR 60.5397a(c)(3)]

1.1.4.3.4.

Procedures and timeframes for identifying and repairing fugitive

emissions components from which fugitive emissions are detected,

including timeframes for fugitive emission components that are

unsafe to repair. Your repair schedule must meet the requirements

of paragraph §60.5397a(h) at a minimum.

[40 CFR 60.5397a(c)(4)]

1.1.4.3.5.

Procedures and timeframes for verifying fugitive emission

component repairs.

[40 CFR 60.5397a(c)(5)]

1.1.4.3.6.

Records that will be kept and the length of time records will be

kept.

[40 CFR 60.5397a(c)(6)]

1.1.4.3.7.

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)]

1.1.4.3.7.1.

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.

29

[40 CFR 60.5397a(c)(7)(i)]

1.1.4.3.7.1.1.

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)]

1.1.4.3.7.1.2.

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)]

1.1.4.3.7.2.

Procedure for a daily verification check.

[40 CFR 60.5397a(c)(7)(ii)]

1.1.4.3.7.3.

Procedure for determining the operator's maximum viewing

distance from the equipment and how the operator will

ensure that this distance is maintained.

[40 CFR 60.5397a(c)(7)(iii)]

1.1.4.3.7.4.

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)]

1.1.4.3.7.5.

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)]

1.1.4.3.7.5.1.

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)]

1.1.4.3.7.5.2.

How the operator will deal with adverse monitoring

conditions, such as wind.

[40 CFR 60.5397a(c)(7)(v)(B)]

1.1.4.3.7.5.3.

How the operator will deal with interferences (e.g.,

steam).

[40 CFR 60.5397a(c)(7)(v)(C)]

30

1.1.4.3.7.6.

Training and experience needed prior to performing

surveys.

[40 CFR 60.5397a(c)(7)(vi)]

1.1.4.3.7.7.

Procedures for calibration and maintenance. At a minimum,

procedures must comply with those recommended by the

manufacturer.

[40 CFR 60.5397a(c)(7)(vii)]

1.1.4.3.8.

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)]

1.1.4.3.8.1.

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

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)]

1.1.4.3.8.2.

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)]

1.1.4.3.8.3.

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

31

§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)]

1.1.4.4.

1.1.4.3.8.3.1.

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)]

1.1.4.3.8.3.2.

If a calibration drift assessment shows a negative

drift of more than 10 percent, then all equipment

with instrument readings between the fugitive

emission definition multiplied by (100 minus the

percent of negative drift/divided by 100) and the

fugitive emission definition that was monitored

since the last calibration must be re-monitored.

[40 CFR 60.5397a(c)(8)(iii)(B)]

1.1.4.3.8.3.3.

If any calibration drift assessment shows a positive

drift of more than 10 percent from the initial

calibration value, then, at the owner/operator's

discretion, all equipment with instrument readings

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)]

1.1.4.4.1.

If you are using optical gas imaging, your plan must include

procedures to ensure that all fugitive emissions components are

32

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)]

1.1.4.4.2.

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)]

1.1.4.4.3.

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).

[40 CFR 60.5397a(d)(3)]

1.1.4.5.

Each monitoring survey shall observe each fugitive emissions component,

as defined in §60.5430a, for fugitive emissions.

[40 CFR 60.5397a(e)]

1.1.4.6.

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)]

1.1.4.7.

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)]

1.1.4.7.1.

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)]

1.1.4.7.2.

Fugitive emissions components that cannot be monitored without

elevating the monitoring personnel more than 2 meters above the

33

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)]

1.1.4.7.2.1.

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)]

1.1.4.7.2.2.

The plan must include the identification and location of

each fugitive emissions component designated as difficultto-monitor.

[40 CFR 60.5397a(g)(3)(ii)]

1.1.4.7.2.3.

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)]

1.1.4.7.2.4.

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)]

1.1.4.7.3.

1.1.4.7.3.1.

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)]

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)]

34

1.1.4.8.

1.1.4.7.3.2.

The plan must include the identification and location of

each fugitive emissions component designated as unsafe-tomonitor.

[40 CFR 60.5397a(g)(4)(ii)]

1.1.4.7.3.3.

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)]

1.1.4.7.3.4.

The plan must include a schedule for monitoring the

fugitive emissions components designated as unsafe-tomonitor.

[40 CFR 60.5397a(g)(4)(iv)]

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)]

1.1.4.8.1.

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)]

1.1.4.8.2.

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)]

1.1.4.8.3.

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)]

1.1.4.8.3.1.

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)]

35

1.1.4.8.3.2.

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)]

1.1.4.8.3.2.1.

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)]

1.1.4.8.3.2.2.

A replacement fugitive emissions component or a

part thereof requires custom fabrication.

[40 CFR 60.5397a(h)(3)(ii)(B)]

1.1.4.8.3.2.3.

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)]

1.1.4.8.4.

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)]

1.1.4.8.4.1.

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)]

1.1.4.8.4.2.

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

36

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)]

1.1.4.8.4.3.

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)]

1.1.4.8.4.3.1.

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

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)]

1.1.4.8.4.3.2.

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)]

1.1.4.8.4.4.

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)]

1.1.4.8.4.4.1.

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)]

1.1.4.8.4.4.2.

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)]

37

1.1.4.9.

Records for each monitoring survey shall be maintained as specified

§60.5420a(c)(15).

[40 CFR 60.5397a(i)]

1.1.4.10.

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)]

1.1.5. Continuous Compliance with the Standards for the Collection of Fugitive

Emissions Components at a Compressor Station

1.1.5.1.

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)]

1.1.5.1.1.

You must conduct periodic monitoring surveys as required in

§60.5397a(g).

[40 CFR 60.5415a(h)(1)]

1.1.5.1.2.

You must repair each identified source of fugitive emissions as

required in §60.5397a(h).

[40 CFR 60.5415a(h)(2)]

1.1.5.1.3.

You must maintain records as specified in §60.5420a(c)(15).

[40 CFR 60.5415a(h)(3)]

1.1.5.1.4.

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)]

1.1.6. Notification, Reporting, and Recordkeeping Requirements

1.1.6.1.

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)]

1.1.6.2.

Reporting requirements. You must submit annual reports containing the

information specified in paragraphs §60.5420a(b)(1) and (7). You must

38

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)]

1.1.6.2.1.

The general information specified in paragraphs §60.5420a(b)(1)(i)

through (iv) is required for all reports.

[40 CFR 60.5420a(b)(1)]

1.1.6.2.1.1.

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)]

1.1.6.2.1.2.

An identification of each affected facility being included in

the annual report.

[40 CFR 60.5420a(b)(1)(ii)]

1.1.6.2.1.3.

Beginning and ending dates of the reporting period.

[40 CFR 60.5420a(b)(1)(iii)]

1.1.6.2.1.4.

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)]

1.1.6.2.2.

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)]

39

1.1.6.2.2.1.1.

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)]

1.1.6.2.2.1.2.

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)]

1.1.6.2.2.2.

1.1.6.2.2.2.1.

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)]

Date of the survey.

[40 CFR 60.5420a(b)(7)(ii)(A)]

1.1.6.2.2.2.2.

Monitoring instrument used.

[40 CFR 60.5420a(b)(7)(ii)(B)]

1.1.6.2.2.2.3.

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)]

1.1.6.2.2.2.4.

Number and type of components for which fugitive

emissions were detected.

[40 CFR 60.5420a(b)(7)(ii)(D)]

1.1.6.2.2.2.5.

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)]

1.1.6.2.2.2.6.

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)]

40

1.1.6.2.2.2.7.

1.1.6.2.2.3.

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)]

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)]

1.1.6.2.2.3.1.

The alternative standard with which you are

complying.

[40 CFR 60.5420a(b)(7)(iii)(A)]

1.1.6.2.2.3.2.

The site-specific reports specified by the specific

alternative fugitive emissions standard, submitted in

the format in which they were submitted to the

state, local, or tribal authority. If the report is in

hard copy, you must scan the document and submit

it as an electronic attachment to the annual report

required in paragraph §60.5420a(b).

[40 CFR 60.5420a(b)(7)(iii)(B)]

1.1.6.2.2.3.3.

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)]

1.1.6.2.2.4.

1.1.6.2.3.

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

41

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

all of the information that you claim to be CBI. Information not

marked as CBI may be authorized for public release without prior

notice. Information marked as CBI will not be disclosed except in

accordance with procedures set forth in 40 CFR part 2. All CBI

claims must be asserted at the time of submission. Anything

submitted using CEDRI cannot later be claimed CBI. Furthermore,

under CAA section 114(c), emissions data is not entitled to

confidential treatment, and the EPA is required to make emissions

data available to the public. Thus, emissions data will not be

protected as CBI and will be made publicly available. Submit the

same file submitted to the CBI office with the CBI omitted must be

submitted to the EPA via the EPA's CDX as described earlier in

this paragraph §60.5420a(b)(11).

[40 CFR 60.5420a(b)(11)]

1.1.6.2.3.1.

The preferred method to receive CBI is for it to be

transmitted electronically using email attachments, File

Transfer Protocol, or other online file sharing services.

Electronic submissions must be transmitted directly to the

OAQPS CBI Office at the email address

oaqpscbi@epa.gov, and as described above, should include

clear CBI markings. Files should be flagged to the attention

of the Oil and Natural Gas Sector Lead. If assistance is

needed with submitting large electronic files that exceed

the file size limit for email attachments, and if you do not

42

have your own file sharing service, please email

oaqpscbi@epa.gov to request a file transfer link.

[40 CFR 60.5420a(b)(11)(i)]

1.1.6.2.3.2.

1.1.6.2.4.

If you cannot transmit the file electronically, you may send

CBI information through the postal service to the following

address: U.S. EPA, Attn: OAQPS Document Control

Officer and Oil and Natural Gas Sector Lead, Mail Drop:

C404-02, 109 T.W. Alexander Drive, P.O. Box 12055,

RTP, NC 27711. The mailed CBI material should be

double wrapped and clearly marked. Any CBI markings

should not show through the outer envelope.

[40 CFR 60.5420a(b)(11)(ii)]

If you are required to electronically submit a report through

CEDRI in the EPA's CDX, you may assert a claim of EPA system

outage for failure to timely comply with the reporting requirement.

To assert a claim of EPA system outage, you must meet the

requirements outlined in paragraphs §60.5420a(b)(13)(i) through

(vii).

[40 CFR 60.5420a(b)(13)]

1.1.6.2.4.1.

You must have been or will be precluded from accessing

CEDRI and submitting a required report within the time

prescribed due to an outage of either the EPA’s CEDRI or

CDX systems.

[40 CFR 60.5420a(b)(13)(i)]

1.1.6.2.4.2.

The outage must have occurred within the period of time

beginning 5 business days prior to the date that the

submission is due.

[40 CFR 60.5420a(b)(13)(ii)]

1.1.6.2.4.3.

The outage may be planned or unplanned.

[40 CFR 60.5420a(b)(13)(iii)]

1.1.6.2.4.4.

You must submit notification to the Administrator in

writing as soon as possible following the date you first

knew, or through due diligence should have known, that the

event may cause or caused a delay in reporting.

[40 CFR 60.5420a(b)(13)(iv)]

1.1.6.2.4.5.

You must provide to the Administrator a written

description identifying:

[40 CFR 60.5420a(b)(13)(v)]

43

1.1.6.2.4.5.1.

The date(s) and time(s) when CDX or CEDRI was

accessed and the system was unavailable;

[40 CFR 60.5420a(b)(13)(v)(A)]

1.1.6.2.4.5.2.

A rationale for attributing the delay in reporting

beyond the regulatory deadline to the EPA system

outage;

[40 CFR 60.5420a(b)(13)(v)(B)]

1.1.6.2.4.5.3.

Measures taken or to be taken to minimize the delay

in reporting; and

[40 CFR 60.5420a(b)(13)(v)(C)]

1.1.6.2.4.5.4.

The date by which you propose to report, or if you

have already met the reporting requirement at the

time of the notification, the date you reported.

[40 CFR 60.5420a(b)(13)(v)(D)]

1.1.6.2.4.6.

The decision to accept the claim of EPA system outage and

allow an extension to the reporting deadline is solely within

the discretion of the Administrator.

[40 CFR 60.5420a(b)(13)(vi)]

1.1.6.2.4.7.

In any circumstance, the report must be submitted

electronically as soon as possible after the outage is

resolved.

[40 CFR 60.5420a(b)(13)(vii)]

1.1.6.2.5.

1.1.6.2.5.1.

If you are required to electronically submit a report through

CEDRI in the EPA's CDX, the owner or operator may assert a

claim of force majeure for failure to timely comply with the

reporting requirement. To assert a claim of force majeure, you

must meet the requirements outlined in paragraphs

§60.5420a(b)(14)(i) through (v).

[40 CFR 60.5420a(b)(14)]

You may submit a claim if a force majeure event is about to

occur, occurs, or has occurred or there are lingering effects

from such an event within the period of time beginning 5

business days prior to the date the submission is due. For

the purposes of this section, a force majeure event is

defined as an event that will be or has been caused by

circumstances beyond the control of the affected facility, its

contractors, or any entity controlled by the affected facility

44

that prevents you from complying with the requirement to

submit a report electronically within the time period

prescribed. Examples of such events are acts of nature (e.g.,

hurricanes, earthquakes, or floods), acts of war or terrorism,

or equipment failure or safety hazard beyond the control of

the affected facility (e.g., large scale power outage).

[40 CFR 60.5420a(b)(14)(i)]

1.1.6.3.

1.1.6.2.5.2.

You must submit notification to the Administrator in

writing as soon as possible following the date you first

knew, or through due diligence should have known, that the

event may cause or caused a delay in reporting.

[40 CFR 60.5420a(b)(14)(ii)]

1.1.6.2.5.3.

You must provide to the Administrator:

[40 CFR 60.5420a(b)(14)(iii)]

1.1.6.2.5.3.1.

A written description of the force majeure event;

[40 CFR 60.5420a(b)(14)(iii)(A)]

1.1.6.2.5.3.2.

A rationale for attributing the delay in reporting

beyond the regulatory deadline to the force majeure

event;

[40 CFR 60.5420a(b)(14)(iii)(B)]

1.1.6.2.5.3.3.

Measures taken or to be taken to minimize the delay

in reporting; and

[40 CFR 60.5420a(b)(14)(iii)(C)]

1.1.6.2.5.3.4.

The date by which you propose to report, or if you

have already met the reporting requirement at the

time of the notification, the date you reported.

[40 CFR 60.5420a(b)(14)(iii)(D)]

1.1.6.2.5.4.

The decision to accept the claim of force majeure and allow

an extension to the reporting deadline is solely within the

discretion of the Administrator.

[40 CFR 60.5420a(b)(14)(iv)]

1.1.6.2.5.5.

In any circumstance, the reporting must occur as soon as

possible after the force majeure event occurs.

[40 CFR 60.5420a(b)(14)(v)]

Recordkeeping requirements. You must maintain the records identified as

specified in §60.7(f) and in paragraphs §60.5420a(c)(15)(i) and (vi)

45

through (ix). All records required by this subpart must be maintained

either onsite or at the nearest local field office for at least 5 years. Any

records required to be maintained by this subpart that are submitted

electronically via the EPA's CDX may be maintained in electronic format.

[40 CFR 60.5420a(c)]

1.1.6.3.1.

For each collection of fugitive emissions components at a

compressor station, maintain the records identified in paragraphs

§60.5420a(c)(15)(i) and (vi) through (ix).

[40 CFR 60.5420a(c)(15)]

1.1.6.3.1.1.

The date of the first day of production after modification

for each collection of fugitive emissions components at a

compressor station.

[40 CFR 60.5420a(c)(15)(i)]

1.1.6.3.1.2.

The fugitive emissions monitoring plan as required in

§60.5397a(b), (c), and (d).

[40 CFR 60.5420a(c)(15)(vi)]

1.1.6.3.1.3.

The records of each monitoring survey as specified in

paragraphs §60.5420a(c)(15)(vii)(A) through (I).

[40 CFR 60.5420a(c)(15)(vii)]

1.1.6.3.1.3.1.

Date of the survey.

[40 CFR 60.5420a(c)(15)(vii)(A)]

1.1.6.3.1.3.2.

Beginning and end time of the survey.

[40 CFR 60.5420a(c)(15)(vii)(B)]

1.1.6.3.1.3.3.

Name of operator(s), training, and experience of the

operator(s) performing the survey.

[40 CFR 60.5420a(c)(15)(vii)(C)]

1.1.6.3.1.3.4.

Monitoring instrument used.

[40 CFR 60.5420a(c)(15)(vii)(D)]

1.1.6.3.1.3.5.

Fugitive emissions component identification when

Method 21 of appendix A-7 of this part is used to

perform the monitoring survey.

[40 CFR 60.5420a(c)(15)(vii)(E)]

1.1.6.3.1.3.6.

Ambient temperature, sky conditions, and

maximum wind speed at the time of the survey. For

compressor stations, operating mode of each

46

compressor (i.e., operating, standby pressurized,

and not operating-depressurized modes) at the

station at the time of the survey.

[40 CFR 60.5420a(c)(15)(vii)(F)]

1.1.6.3.1.3.7.

Any deviations from the monitoring plan or a

statement that there were no deviations from the

monitoring plan.

[40 CFR 60.5420a(c)(15)(vii)(G)]

1.1.6.3.1.3.8.

Records of calibrations for the instrument used

during the monitoring survey.

[40 CFR 60.5420a(c)(15)(vii)(H)]

1.1.6.3.1.3.9.

Documentation of each fugitive emission detected

during the monitoring survey, including the

information specified in paragraphs

§60.5420a(c)(15)(vii)(I)(1) through (9).

[40 CFR 60.5420a(c)(15)(vii)(I)]

1.1.6.3.1.3.9.1.

Location of each fugitive emission

identified.

[40 CFR 60.5420a(c)(15)(vii)(I)(1)]

1.1.6.3.1.3.9.2.

Type of fugitive emissions component,

including designation as difficult-to-monitor

or unsafe-to-monitor, if applicable.

[40 CFR 60.5420a(c)(15)(vii)(I)(2)]

1.1.6.3.1.3.9.3.

If Method 21 of appendix A-7 of this part is

used for detection, record the component ID

and instrument reading.

[40 CFR 60.5420a(c)(15)(vii)(I)(3)]

1.1.6.3.1.3.9.4.

For each repair that cannot be made during

the monitoring survey when the fugitive

emissions are initially found, a digital

photograph or video must be taken of that

component or the component must be tagged

for identification purposes. The digital

photograph must include the date that the

photograph was taken and must clearly

identify the component by location within

the site (e.g., the latitude and longitude of

the component or by other descriptive

47

landmarks visible in the picture). The digital

photograph or identification (e.g., tag) may

be removed after the repair is completed,

including verification of repair with the

resurvey.

[40 CFR 60.5420a(c)(15)(vii)(I)(4)]

1.1.6.3.1.4.

1.1.6.3.1.3.9.5.

The date of first attempt at repair of the

fugitive emissions component(s).

[40 CFR 60.5420a(c)(15)(vii)(I)(5)]

1.1.6.3.1.3.9.6.

The date of successful repair of the fugitive

emissions component, including the

resurvey to verify repair and instrument used

for the resurvey.

[40 CFR 60.5420a(c)(15)(vii)(I)(6)]

1.1.6.3.1.3.9.7.

Identification of each fugitive emission

component placed on delay of repair and

explanation for each delay of repair.

[40 CFR 60.5420a(c)(15)(vii)(I)(7)]

1.1.6.3.1.3.9.8.

For each fugitive emission component

placed on delay of repair for reason of

replacement component unavailability, the

operator must document: the date the

component was added to the delay of repair

list, the date the replacement fugitive

component or part thereof was ordered, the

anticipated component delivery date

(including any estimated shipment or

delivery date provided by the vendor), and

the actual arrival date of the component.

[40 CFR 60.5420a(c)(15)(vii)(I)(8)]

1.1.6.3.1.3.9.9.

Date of planned shutdowns that occur while

there are any components that have been

placed on delay of repair.

[40 CFR 60.5420a(c)(15)(vii)(I)(9)]

For each collection of fugitive emissions components at a

compressor station complying with an alternative means of

emissions limitation under §60.5399a, you must maintain

the records specified by the specific alternative fugitive

emissions standard for a period of at least 5 years.

48

[40 CFR 60.5420a(c)(15)(viii)]

1.1.6.3.1.5.

If you comply with the alternative GHG and VOC standard

under §60.5398b, in lieu of the information specified in

paragraphs §60.5420a(c)(15)(vi) through (vii), you must

maintain the records specified in §60.5424b.

[40 CFR 60.5420a(c)(15)(ix)]

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.

[40 CFR 60.5425a]

Table 3 to Subpart OOOOa of Part 60—Applicability of General Provisions to Subpart OOOOa

General

Applies to

provisions

Subject of citation

Explanation

subpart?

citation

§60.1

General applicability of Yes

the General Provisions

§60.2

Definitions

Yes

Additional terms defined in §60.5430a.

§60.3

Units and abbreviations Yes

§60.4

Address

Yes

§60.5

Determination of

Yes

construction or

modification

§60.6

Review of plans

Yes

§60.7

Notification and record Yes

Except that §60.7 only applies as specified in §60.5420a(a).

keeping

§60.8

Performance tests

Yes

Except that the format of performance test reports is described in

§60.5420a(b). Performance testing is required for control

devices used on storage vessels, centrifugal compressors, and

pneumatic pumps.

§60.9

Availability of

Yes

information

§60.10

State authority

Yes

§60.11

Compliance with

No

Requirements are specified in subpart OOOOa.

standards and

maintenance

requirements

§60.12

Circumvention

Yes

§60.13

Monitoring requirements Yes

Continuous monitors are required for storage vessels.

§60.14

Modification

Yes

To the extent any provision in §60.14 conflicts with specific

provisions in subpart OOOOa, it is superseded by subpart

OOOOa provisions.

§60.15

Reconstruction

Yes

Except that §60.15(d) does not apply to wells, pneumatic

controllers, pneumatic pumps, centrifugal compressors,

reciprocating compressors, storage vessels, or the collection of

fugitive emissions components at a compressor station.

49

§60.16

§60.17

§60.18

§60.19

Priority list

Yes

Incorporations by

Yes

reference

General control device Yes

and work practice

requirements

General notification and Yes

reporting requirement

National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR

Part 63

2.1. 40 CFR Part 63, Subpart HH - National Emission Standards for Hazardous Air

Pollutants from Oil and Natural Gas Production Facilities [40 CFR 63.760 –

63.779 and RAC 4-103]

The permittee is the owner or operator of a glycol dehydration unit that is exempt from

the standards of 40 CFR §63.764(d). The permittee shall retain each determination used

to demonstrate that the actual average benzene emissions from each dehydrator are

below 0.90 megagram per year.

[40 CFR 63.764(e)(1), 63.772(b), and 63.774(d)(1)]

2.1.1. The permittee must obtain an extended wet gas analysis of the inlet gas stream at

least once per calendar year. The gas sample shall be taken at a point prior to

where the gas enters the dehydration system contact tower. The analysis shall

include the gas temperature and pressure at which the sample was taken. The gas

analysis results and corresponding temperature and pressure documented during

collection of the gas sample must be used to determine the actual average benzene

emissions annually, in accordance with §63.772(b)(2)(i) or (ii). If electing to

make this demonstration according §63.772(b)(2)(i), using the GRI-GLYCalc TM

model, the permittee shall perform each model run using a single gas analysis and

the corresponding temperature and pressure documented during collection of the

gas sample. The permittee may elect to average the results of multiple GRIGLYCalcTM model runs in determining actual average benzene emissions

annually, if multiple gas samples are collected within a 12-month period.

[RAC 2-110(5)(b)]

Tribal Minor New Source Review

3.1. Federal Implementation Plan for Managing Air Emissions from True Minor

Sources in Indian Country in the Oil and Natural Gas Production and Natural

Gas Processing Segments of the Oil and Natural Gas Sector [40 CFR 49.10149.105] [SU-000486]

Reserved – Prevention of Significant Deterioration Requirements

50

Reserved – Consent Decree Requirements

Reserved – Compliance Assurance Monitoring (CAM) Requirements

Enhanced Monitoring, Recordkeeping, and Reporting

7.1. Any documents required to be submitted under this Title V operating permit,

including but not limited to, reports, test data, monitoring data, notifications,

compliance certifications, fee calculation worksheets, and applications for renewals

and permit modifications shall be submitted to the Tribe:

by email at: airqualty@southernute-nsn.gov

or by United States Postal Service:

or by Common Carrier:

Part 70 Program

Environmental Programs Department

Air Quality Division

P.O. Box 737 MS #84

Ignacio, Colorado 81137

Part 70 Program

Environmental Programs Department

Air Quality Division

398 Ouray Drive

Ignacio, CO 81137

51

Section IV – Appendix

Inspection Information

1.1. Driving Directions:

From the intersection of Highway 172 and Highway 160, take Highway 160 east for 8.2

miles. Turn south on a gravel road that splits a yard with a corral (eventually turns into

Dana Drive). Drive 0.6 miles and veer east. Go approximately 0.2 miles to a locked gate

(key required). Pass through the gate and continue another 0.2 miles and the site will be to

the north.

1.2. Global Positioning System (GPS):

Latitude: 37.213598 °N

Longitude: -107.640711 °W

1.3. Safety Considerations:

SIMCOE recommends all visitors to the Dry Creek Central Delivery Point wear a hard hat,

safety glasses, safety footwear, hearing protection, and fire-retardant clothing.

52

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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