AIR QUALITY DIVISION (2023)

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AIR QUALITY DIVISION

Environmental Programs Department

Southern Ute Indian Tribe

PO Box 737 MS#84

Ignacio, CO 81137

Phone 970-563-4705

http://www.southernute-nsn.gov/environmental-programs/air-quality

November 6, 2024

Mr. Ethan Hinkley

Air Quality Compliance Manager

Red Cedar Gathering Company

125 Mercado Street; Suite 201

Durango, CO 81301

RE: Part 70 Operating Permit – Permit Renewal

Title V Permit # V-SUIT-0016-2023.00

Red Cedar Gathering Company

Capote Compressor Station

Mr. Hinkley,

The Southern Ute Indian Tribe Air Quality Division (AQD) has completed its review of Red Cedar

Gathering Company’s (Red Cedar) request to renew a Title V Permit to Operate, pursuant to the Title V

Operating Permit Program at 40 CFR Part 70, for the Capote Compressor Station.

Based on the information submitted in Red Cedar’s application, and the comments received during the

public comment period, the AQD hereby issues the enclosed Title V Permit to Operate. The final permit

will become effective on November 6, 2024.

A 30-day public comment period was held from May 1, 2024, to May 31, 2024. The AQD received

comments from Red Cedar during this time and no comments were received from the public, affected

states, or tribes. Following the 30-day public comment period, the AQD made the following changes:

1. Section III.2.2.1. – Reverted back to the requested language of “once per calendar year” from

“once during each 12-month period”.

For a more detailed discussion of these comments and the resultant changes, please review the Response

to Comments document attached to this permit.

A 45-day Administrative Review period at EPA Region 8 was held from September 20, 2024, to

November 4, 2024. No comments were received from EPA Region 8 during this review period.

Pursuant to RAC §2-109(8), within 60 days after the final permit has been issued, the applicant, any person

who participated in the public comment process and is aggrieved by the action, and any other person who

could obtain judicial review of that action under applicable law, may appeal to the Environmental

Commission in accordance with the Southern Ute Indian Tribe/State of Colorado Environmental

Commission’s Reservation Air Code (RAC) and the Commission’s Procedural Rules. Additionally, the

regulations at RAC §2-109(7) specify that any person may petition the EPA Administrator within 60 days

after the expiration of the Administrator’s 45-day review period to make an objection that the permit

would not be in compliance with applicable requirements. Any such petition must be based only on

objections to the permit that were raised with reasonable specificity during the public comment period

unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or

unless the grounds for such objections arose after such period.

If you have any questions concerning the enclosed permit, please feel free to contact me.

Sincerely,

Mark Lamoreaux

Air Quality Scientist I - Permitting

Southern Ute Indian Tribe

(970) 563-2273

mlamoreaux@southernute-nsn.gov

Cc: US EPA Region 8 - r8airpermitting@epa.gov

AIR QUALITY DIVISION

ENVIRONMENTAL PROGRAMS DEPARTMENT

SOUTHERN UTE INDIAN TRIBE

PO BOX 737, MS 84, IGNACIO, CO 81137

(970) 563 – 4705 ∙ (970) 563 – 0384 FAX

September 20, 2024

Response to Comments Document

Operator: Red Cedar Gathering Company

Facility: Animas Compressor Station, Capote Compressor Station, Elk Point Compressor Station

Permit Action: Title V Operating Permit Renewals

Comments from Red Cedar Gathering Company received on Draft Title V Operating

Permits V-SUIT-0035-2023.00, V-SUIT-0016-2023.00, and V-SUIT-0044-2023.00

I. Permit Provision III.2.: 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]

Comment:

Section III.2.2.1. 40 CFR Part 63, Subpart HH: Language was changed from the current

permit (changes highlighted).

Current Permit:

2.2.1. 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 analysis must be

used to determine the actual average benzene emissions annually, as determined in

accordance with §63.772(b)(2)(i).

Draft Permit:

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

at least once during each 12-month period. 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 to §63.772(b)(2)(i), using GRI-GLYCalc model, the

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

corresponding temperature and pressure documented during collection of the gas

sample. The permittee may elect to average the results for multiple GRI-GLYCalc

model runs in determining actual average benzene emissions annually, if multiple gas

samples are collected within a 12-month period.

Requested Change:

- In general, Red Cedar requests the permits retain the previous permit language for the

sake of regulatory uniformity across all their facilities, to allow GRI-GLYCalc model

inputs to best represent actual operating conditions, and because it better aligns with the

referenced requirement at 40 CFR §63.772(b)(i).

AQD’s Response:

The requested changes have been partially accepted. The reasons for accepting and not accepting the

requested changes are detailed in AQD’s responses below. The AQD has begun including this updated

language in all applicable AQD permits with the goal of having uniformity across all permits. The

Animas, Capote, and Elk Point Compressor Station Title V permits are the first Red Cedar Title V

permits to be renewed in this cycle, therefore, uniformity across all Red Cedar permits will occur, at a

minimum, through this renewal cycle. Furthermore, as explained below, the language in question does

not create new requirements. The language was revised to provide clarification to the existing permit

language contained in these Red Cedar permits.

Requested Change:

- The change from “once per calendar year” to “once during each 12-month period”

introduces ambiguous language that is undefined, open for interpretation, and does not

serve to improve air quality or the enforceability of the permit. Red Cedar requests

retaining the “once per calendar year” language.

AQD’s Response:

The requested change has been made. The AQD prefers the updated timeframe of “once during each 12month period” and considers the timeframe to be better defined and less ambiguous than the timeframe

of “annual.” However, the AQD finds the timeframe of annual to be sufficient for the purposes of

demonstrating compliance with the annual benzene emissions exemption at 40 CFR 63.764(e)(1).

Requested Change:

- The requirement to only use the temperature and pressure documented during the gas

sample collection makes sense if no other data is available but does not account for

instances where accurate annual average temperature and pressure data are available.

Therefore, Red Cedar requests this sentence read; “The gas analysis results and

corresponding temperature and pressure documented during collection of the gas

sample, or an annual average gas temperature and pressure, shall be used…”

AQD’s Response:

The requested change has not been made. The AQD is requiring the use of the temperature and pressure,

and other parameters documented during the collection of the gas sample, because the AQD believes

these data inputs are most “representative of actual operating conditions of the glycol dehydration unit”,

as required by 40 CFR 63.772(b)(2)(i), and therefore most representative of actual benzene emissions.

The AQD does not find Red Cedar’s proposed approach of averaging certain inputs into GRI-GLYCalc

to be representative of actual operating conditions of the glycol dehydration unit, because averaged

values would not at any time in the year match the actual operating conditions of the glycol dehydration

unit. The AQD believes to obtain an accurate estimate of benzene emissions, it’s important that actual

operating conditions of the glycol dehydration unit are used as inputs to the GRI-GLYCalc model. For

example, the concentration of BTEX measured in a gas sample and the corresponding gas temperature

of the sample have a strong correlation to emissions. The use of an averaged gas temperature with a

single gas analysis would not represent actual operating conditions, or accurately estimate emissions

during actual operations.

Red Cedar states in their next comment “A GRI-GLYCalc model run based on a gas sample is similar to

a test report based on an emission test in that both represent operating conditions during a snapshot of

time.” This comment is consistent with the AQD’s intent of requiring inputs to the model that represent

actual operating conditions of the glycol dehydration unit during the time of the sampling events. Using

these inputs would create a “snapshot in time” of emissions that are representative of actual operating

conditions of the glycol dehydration unit, consistent with 40 CFR 63.772(b)(2)(i).

Requested Change:

- A GRI-GLYCalc model run based on a gas sample is similar to a test report based on an

emission test in that both represent operating conditions during a snapshot of time. Just as

engine tests are not averaged over a year, if multiple gas samples are used for a given

calendar year, it is more accurate to apply emissions based on a given gas sample until the

next sample is collected. Therefore, if the original permit language is not retained, we

request removal of the sentence that begins with “The permittee may elect to average…”

AQD’s Response:

The requested change has not been made. The AQD has provided the additional option of allowing the

permittee to average the results of multiple GRI-GLYCalc runs to provide flexibility for permittees to

use multiple gas analysis and corresponding GRI-GLYCalc runs, each of which represents actual

emissions at a point within the year to determine their actual annual average benzene emissions. The

AQD considers this approach to provide a standardized method for operators to estimate annual actual

average benzene emissions in a way that the AQD interprets to be consistent with the rule, since inputs

to each individual model run are representative of actual operating conditions of the glycol dehydration

unit.

Requested Change:

- Red Cedar disagrees with AQD’s novel mandate to limit GRI-GLYCalc inputs to only

the temperature and pressure of a gas sample and requests the permit condition maintain

the same flexibility afforded to the operator in §63.772(b)(i) to use inputs “representative

of actual operating conditions” (i.e., actual annual average temperature and pressure). To

this end, we request the language from “If electing to make this demonstration…” to the

end of the requirement be removed. It does not align with §63.772(b)(2)(i), which states

that “inputs to the model shall be representative of actual operating conditions of the

glycol dehydration unit…”, by unnecessarily disallowing use of data that is more

representative of actual annual operating conditions.

AQD’s Response:

The requested change has not been made. The AQD’s revised permit language is intended to align with

the AQD’s interpretation of the language in §63.772(b)(2)(i), which requires inputs to the model to be

representative of actual operating conditions of the glycol dehydration unit. Because there is a direct

relationship between temperature and pressure, and this relationship has a direct correlation with

emissions, for model inputs to be representative of emissions during actual operating conditions, these

parameters must all be used together in the GRI-GLYCalc model. Averaging some, or all of these

model parameters, would not produce emissions estimates that are representative of actual operating

conditions.

As stated in the previous comment response above, the AQD does not find that averaged model input

values would be representative of the actual operating conditions of the dehydration unit, because at no

point during the year would the actual operating conditions of the dehydration unit match averaged

operating data. Therefore, as stated in previous sections of this response to comments, the AQD is

requiring that each GRI-GLYCalc report used to determine actual annual average benzene emissions be

prepared using inputs to the model documented at the time of the gas analysis.

Southern Ute Indian Tribe

Air Quality Division

Title V Operating Permit

Southern Ute Indian Tribe

Environmental Programs Department

Air Quality Division

71 Mike Frost Way

Ignacio, Colorado 81137

AIR POLLUTION CONTROL

TITLE V PERMIT TO OPERATE

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

Part 1, Article II of the Southern Ute Indian Tribe/State of Colorado Environmental

Commission’s Reservation Air Code (RAC) and applicable rules and regulations,

Red Cedar Gathering Company

Capote Compressor Station

is authorized to operate air emission units and to conduct other air pollutant emitting activities in

accordance with the conditions listed in this permit.

This source is authorized to operate at the following location:

Southern Ute Indian Reservation

Section 33, T33N, R9W

La Plata County, Colorado

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

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

under the Clean Air Act.

Daniel Powers, Air Quality Division Head

Environmental Programs Department

Southern Ute Indian Tribe

AIR POLLUTION CONTROL

TITLE V PERMIT TO OPERATE

Red Cedar Gathering Company

Capote Compressor Station

SUIT Account Identification Code: 2-020

Permit Number: V-SUIT-0016-2023.00

[Replaces Permit No.: V-SUIT-0016-2018.00]

Issue Date:

Effective Date:

Expiration Date:

November 6, 2024

November 6, 2029

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

correspondence regarding this facility.

Permit Issuance History

DATE

October 2000

January 2007

August 2007

July 2008

September 2013

October 8, 2018

November 6, 2024

TYPE OF

ACTION

Initial Part 71

Permit Issued

1st Renewal

Permit Issued

Administrative

Amendment

Administrative

Amendment

Initial Part 70

Permit Issued

1st Tribal

Renewal Permit

Issued

2nd Tribal

Renewal Permit

Issued

DESCRIPTION OF ACTION

PERMIT NUMBER

# V-SU-0016-00.00

# V-SU-0016-05.00

# V-SU-0016-05.01

# V-SU-0016-05.02

Replaces EPA-issued permit # V-SU0016-05.02

# V-SUIT-0016-2013.00

Renewal of Title V Operating Permit

# V-SUIT-0016-2018.00

Renewal of Title V Operating Permit

# V-SUIT-0016-2023.00

Table of Contents

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

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

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

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

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

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

1.1.

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

1.2.

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

1.3.

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

1.4.

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

1.5.

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

1.6.

Permit Actions [RAC 2-110(3)] ............................................................................................................ 13

1.7.

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

1.8.

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

1.9.

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

1.10.

Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2-112] .........................15

1.11.

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

1.12.

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

1.13.

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

1.14.

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

1.15.

Off-Permit Changes [RAC 2-116(2)]..................................................................................................... 17

1.16.

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

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

2.1.

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

2.2.

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

2.3.

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

2.4.

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

2.5.

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

Section III – Site Specific Permit Terms ................................................................................................................ 23

Reserved - New Source Performance Standards (NSPS) and 40 CFR Part 60 ................................................23

National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR Part 63 ...........................23

2.1.

40 CFR Part 63, Subpart HH - National Emission Standards for Hazardous Air Pollutants from Oil

and Natural Gas Production Facilities [40 CFR 63.760 – 63.779 and RAC 4-103] ............................................. 23

Reserved – Tribal Minor New Source Review ................................................................................................24

Reserved – Prevention of Significant Deterioration Requirements ............................................................... 24

Reserved – Consent Decree Requirements ....................................................................................................24

Reserved – Compliance Assurance Monitoring (CAM) Requirements ...........................................................24

Enhanced Monitoring, Recordkeeping, and Reporting..................................................................................24

Section IV – Appendix .......................................................................................................................................... 25

Inspection Information ..................................................................................................................................25

1.1.

Driving Directions: ...............................................................................................................................25

1.2.

Global Positioning System (GPS): .......................................................................................................25

1.3.

Safety Considerations: ........................................................................................................................25

Abbreviations and Acronyms

4SLB

4SRB

AFS

AQD

bbl

BACT

CAA

CAM

CEMS

CFR

CMS

COMS

CO2

dscf

dscm

EPA

gal

GPM

H 2S

HAP

lbs

MACT

MMBtu

MMSCFD

NESHAP

NMHC

NOx

NSPS

NSR

PM10

ppbvd

ppm

ppmvd

PSD

PTE

psi

psia

RAC

RICE

RMP

scf

scfm

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

US EPA

VOC

United States Environmental Protection Agency

Volatile Organic Compounds

Table of Figures

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

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

Section I – Source Information and Emission Unit Identification

1. Source Information

Owner Name:

Red Cedar Gathering Company

Facility Name:

Capote Compressor Station

Facility Location:

Section 33, T33N, R9W

Latitude:

37.061018 °N

Longitude:

State:

-107.822570 °W

Colorado

County:

La Plata

Responsible Official:

President - Chief Operating Officer

SIC Code:

1311

ICIS Identification Number:

SU00000008067U0002

EPA Facility Registry ID:

110055566338

Other Clean Air Act Permits

None

Process Description:

The Capote Compressor Station is a mid-stream boost compressor station capable of processing

roughly 53 MMscf/day. The station receives inlet gas from Red Cedar’s medium pressure

pipeline, with an inlet pressure of approximately 300 psi. The gas first enters the station and is

split evenly between two inlet coalescing filters and then is processed through two TEG

dehydrators set in parallel (i.e., the gas is split evenly between the two dehydration units). The

gas comes in saturated and leaves the station at less than 7 lbs H20/MMscf. The gas is then

compressed through 4 compressors driven by Waukesha L7042GL lean burn compressor engines

to approximately 950-1000 psi.

2. Source Emission Points

Table 1 - Emission Units

Emission

Unit ID

Control

Equipment

Description

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

1,478 Name Plate Rated HP

C-1601

Serial No.

C-14272/1

Install Date:

06/05/2018

C-1602

Serial No.

C-13403/1

Install Date:

05/03/2017

C-1603

Serial No.

C-13474/1

Install Date:

06/24/2019

C-1604

Serial No.

C-13153/1

Install Date:

03/11/2014

None

JW Williams Tri-ethylene Glycol (TEG) Dehydrator and Flash Tank Vent

30 MMscf/d

S-1700

Serial No.

N/A

Install Date:

12/01/1995

S-1800

Serial No.

N/A

Install Date:

12/01/1995

None

Table 2 - Insignificant Emission Units

Emission

Unit ID

Amount

Description

Size

Units

H-1700

H-1800

H-8502

H-1000

TK-7001

TK-7002

TK-7003

TK-7004

TK-8502

TK-8602

Glycol Reboiler #1 (south)

Glycol Reboiler #2 (north)

Tank Heater (TK-8502)

Catalytic Heater (Instrument Gas Building)

Lube Oil Storage Tank

Engine Coolant Storage Tank

Tri-ethylene Glycol Storage Tank

Glycol Still Column Vent Tank

High Pressure Drain Tank (Used Oil and Water)

Low Pressure Drain Liquids Holding Tank (Used Oil)

0.3

0.325

0.006

1,820

1,000

810

21,000

2,000

MMbtu/hr

gal

Section II – General Requirements

1. 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)]

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 tons per year.

1.1.6.3.2.

Any emissions that come from insignificant activities not required

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

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

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

completeness by a responsible official.

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

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

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

[RAC 2-118(6)]

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

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

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

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

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

Tribe along with full payment of the assessed fee.

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

1.2. Compliance Requirements

1.2.1. Compliance with the Permit

1.2.1.1.

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

permit noncompliance with federally enforceable or Commission-only

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

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

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

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

1.2.1.2.

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

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

to maintain compliance with the conditions of this permit.

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

1.2.1.3.

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

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

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

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

and conditions the permit specifically designates as not being federally

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

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

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

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

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

1.2.1.4.

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

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

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

regulations thereunder, and any other applicable law or regulation.

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

1.2.1.5.

For the purpose of submitting compliance certifications in accordance

with the Compliance Certifications condition below of this permit, or

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

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

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

a source would have been in compliance with applicable requirements if

the appropriate performance or compliance test or procedure had been

performed.

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

1.2.2. Compliance Certifications

1.2.2.1.

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

certification of compliance which shall certify the source’s compliance

status with all permit terms and conditions and all applicable requirements

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

standards, or work practices. The compliance certification shall be

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

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

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

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

annual certification of compliance will cover the period from the issuance

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

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

1.2.3. Compliance Schedule

1.2.3.1.

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

source will continue to comply with such requirements.

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

1.2.3.2.

For applicable requirements that will become effective during the permit

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

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

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

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

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

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

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

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

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

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

the provisions of RAC 2-124.

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

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

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

submittal, shall promptly submit such supplementary facts or corrected

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

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

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

[RAC 2-106(5)]

1.4. Submissions [RAC 2-105]

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

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

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

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

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

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

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

AQD’s website (https://www.southernute-nsn.gov/government/departments/epd/airquality/).]

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)]

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

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]

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;

1.11.

1.10.2.5.

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

device or method required to be maintained under the permit;

1.10.2.6.

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

1.10.2.7.

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

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

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

1.12.

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

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

permittee shall allow authorized representatives of the Tribe or other authorized

representative to perform the following:

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

of the permit;

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

the conditions of the permit;

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

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

the permit; and

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

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

or applicable requirements.

1.13.

[Reserved]

1.14.

Permit Transfers [RAC 2-113]

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

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

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

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

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

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

transfer must be accomplished through an administrative permit revision in

accordance with the Administrative Permit Revisions section of this permit.

1.15.

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

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

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

requirements are met:

1.15.1.1.

Each such change meets all applicable requirements and shall not violate

any existing permit term or condition;

1.15.1.2.

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

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

1.15.1.3.

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

2-111; 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)]

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)]

2. 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

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

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

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

2.2.4.

“Prompt” is defined as follows:

2.2.4.1.

Where the underlying applicable requirement contains a definition of

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

definition or time frame shall govern.

2.2.4.2.

Where the underlying applicable requirement fails to address the time

frame for reporting deviations, reports of deviations will be submitted

based on the following schedule:

2.2.4.2.1.

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

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

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

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

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

occurrence, and in writing within 10 working days from the

occurrence;

2.2.4.2.2.

For emissions of any regulated air pollutant, excluding those listed

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

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

telephone, verbal, or facsimile communication by the close of

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

and in writing within 10 working days from the occurrence;

2.2.4.2.3.

For all other deviations from permit requirements, the report shall

be contained in the report submitted with the semi-annual

monitoring report.

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

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

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

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

this permit provided all of the following conditions are met:

2.3.1.1.

The engine or turbine replacement is not subject to any requirements

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

of the Clean Air Act;

2.3.1.2.

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

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

engine 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

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.

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

1. Reserved - New Source Performance Standards (NSPS) and 40 CFR Part 60

2. 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 GRI23

GLYCalcTM 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)]

3. Reserved – Tribal Minor New Source Review

4. Reserved – Prevention of Significant Deterioration Requirements

5. Reserved – Consent Decree Requirements

6. Reserved – Compliance Assurance Monitoring (CAM) Requirements

7. 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

Section IV – Appendix

1. Inspection Information

1.1. Driving Directions:

From the intersection of US 550 and CR 310/318, travel east on CR 310/318 for

approximately 2.7 miles, turn south onto a dirt road (Arkansas Loop Road) and continue

approximately 0.2 miles, then turn left and proceed approximately 1.6 miles, then turn right

at the intersection (Six Shooter Canyon) and travel 0.2 miles before turning right, the

station is then straight ahead.

1.2. Global Positioning System (GPS):

Latitude:

37.061018 °N

Longitude:

-107.822570 °W

1.3. Safety Considerations:

All visitors to the facility are expected to adhere to Red Cedar Gathering Company’s safety

policies. Policies of particular concern are those regarding Personal Protective Equipment

(PPE) and performance of Hot Work. As posted at the entrance to the station, Red Cedar

Gathering Company requires persons entering the site to wear a hard hat, safety glasses,

safety toe footwear, hearing protection, and fire-retardant clothing. Red Cedar Gathering

Company also requires a permit be issued prior to the performance of any Hot Work at the

station.

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.