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

March 12, 2024

Mr. Kerry Egan

Sr. Environmental Specialist

Transwestern Pipeline Company

8501 Jefferson NE

Albuquerque, NM 87113

Re:

Final Part 70 Operating Permit

Title V Permit #V-SUIT-0013-2023.00

Transwestern Pipeline Company

La Plata A Compressor Station

Dear Mr. Egan:

The Southern Ute Indian Tribe Air Quality Division (Tribe) has completed its review of Transwestern

Pipeline Company’s request to renew a Title V Permit to Operate pursuant to the Title V Operating Permit

Program at 40 CFR Part 70, for the La Plata A Compressor Station. Based on the information submitted

in the company’s application, the Tribe hereby issues the enclosed Title V Permit to Operate. The final

permit will become effective on March 12, 2024.

A 30-day public comment period was held from November 22, 2023 to December 22, 2023. The Tribe

received no comments from Transwestern Pipeline Company during this time and no comments were

received from the public, affected states, or tribes.

A 45-day Administrative Review period at EPA Region 8 was held from January 26, 2024 to March 11,

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

During the Administrative Review period, the Tribe identified the need to remove the emergency

affirmative defense provisions from the permit, due to the EPA’s finalization on August 21, 2023, of the

rulemaking titled Removal of Title V Emergency Affirmative Defense Provisions From State Operating

Permit Programs and Federal Operating Permit Program. The final rulemaking required permitting

authorities with affirmative defense permit terms based on 40 CFR 70.6(g), to remove the affirmative

defense provisions from Title V operating permits by the next permit renewal that occurs following the

effective date of the EPA rulemaking. EPA Region 8 was notified of this change to the draft permit.

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 contact Matt Wampler at 970-563-2202.

Sincerely,

Matt Wampler

Air Quality Program Manager – Permitting & Regulatory

Southern Ute Indian Tribe

Cc: Adam Eisele – EPA Part 70 Permit Program Oversight Lead – US EPA Region 8

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,

Transwestern Pipeline Company, LLC

La Plata A 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 35, T34N 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

Transwestern Pipeline Company, LLC

La Plata A Compressor Station

SUIT Account Identification Code: 2-021

Permit Number: V-SUIT-0013-2023.00

[Replaces Permit No.: V-SUIT-0013-2019.00]

Issue Date:

Effective Date:

Expiration Date:

March 12, 2024

March 12, 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

October 2003

Permit Issued

Initial Part 71 Permit Issued

V-SU-0013-00.00

June 2009

Permit Issued

1st Part 71 Renewal Permit Issued

V-SU-0013-08.00

November 2009

Revision

Administrative Amendment

V-SU-0013-08.01

January 2014

Permit Issued

July 2014

Revision

August 12, 2019

Permit Issued

March 12, 2024

•

2nd Part 70

Renewal Permit

•

Issued

Initial Part 70 Permit Issued

Replaces EPA-Issued Permit

V-SU-0013-08.01

Minor Permit Revision

Section I.B - Revised insignificant emission units to

reflect replacement generator. Updated serial number

and install date for like-kind turbine component

replacement.

Section II – Added 40 CFR 60, Subpart JJJJ requirement

for engines. Updated 40 CFR Part 63, Subpart ZZZZ for

engines.

Section IV – Removed duplicative conditions. Updated

conditions to clarify requirements.

1st Part 70 Renewal Permit Issued

Updated package serial numbers for emission units

T01 and T02 and corrected listed HP.

Removed affirmative defense provisions (Section

II.1.13)

PERMIT

NUMBER

V-SUIT-0013-2014.00

V-SUIT-0013-2014.01

V-SUIT-0013-2019.00

V-SUIT-0013-2023.00

Table of Contents

Abbreviations and Acronyms ................................................................................................................................ iii

Section I – Source Information and Emission Unit Identification ............................................................................ 1

Source Information ..........................................................................................................................................1

Source Emission Points ....................................................................................................................................2

Section II – General Requirements ......................................................................................................................... 3

Title V Administrative Requirements ...............................................................................................................3

1.1.

Annual Fee Payment [RAC 2-110(1)(h) and RAC 2-118] ........................................................................3

1.2.

Compliance Requirements ....................................................................................................................5

1.3.

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

1.4.

Submissions [RAC 2-105] .......................................................................................................................7

1.5.

Severability Clause [RAC 1-106 and RAC 2-110(1)(f)] ...........................................................................8

1.6.

Permit Actions [RAC 2-110(3)] ..............................................................................................................8

1.7.

Administrative Permit Revision [RAC 2-111(2)] ...................................................................................8

1.8.

Minor Permit Revisions [RAC 2-111(3)] ................................................................................................9

1.9.

Significant Permit Revisions [RAC 2-111(4)] .......................................................................................10

1.10.

Permit Reopenings, Revocations and Reissuances, and Terminations [RAC 2-112] .........................10

1.11.

Property Rights [RAC 2-110(3)(e)] .......................................................................................................11

1.12.

Inspection and Entry [RAC 2-110(9)(b)] ..............................................................................................11

1.13.

[Reserved] ............................................................................................................................................12

1.14.

Permit Transfers [RAC 2-113] ..............................................................................................................12

1.15.

Off-Permit Changes [RAC 2-116(2)].....................................................................................................12

1.16.

Permit Expiration and Renewal ..........................................................................................................13

Facility-Wide Requirements...........................................................................................................................14

2.1.

General Recordkeeping Requirements [RAC 2-110(6)] ......................................................................14

2.2.

General Reporting Requirements .......................................................................................................15

2.3.

Alternative Operating Scenarios [RAC 2-110(8)] ................................................................................16

2.4.

Permit Shield [RAC 2-110(10)(c)].........................................................................................................18

2.5.

Stratospheric Ozone and Climate Protection [40 CFR Part 82] ..........................................................19

Section III – Site Specific Permit Terms ................................................................................................................ 20

New Source Performance Standards (NSPS) and 40 CFR Part 60 ..................................................................20

1.1.

40 CFR Part 60, Subpart GG – Standards of Performance for Stationary Gas Turbines [40 CFR

60.330 – 60.335 and RAC 3-102] ........................................................................................................................20

1.2.

40 CFR Part 60, Subpart JJJJ – Standards of Performance for Stationary Spark Ignition Internal

Combustion Engines [40 CFR 60.4230 – 60.4248 and RAC 4-103] ....................................................................27

Reserved - National Emission Standards for Hazardous Air Pollutants (NESHAP).........................................34

Reserved – Tribal Minor New Source Review ................................................................................................34

Reserved – Prevention of Significant Deterioration Requirements ...............................................................34

Reserved – Consent Decree Requirements ....................................................................................................34

Reserved – Compliance Assurance Monitoring (CAM) Requirements ...........................................................34

Enhanced Monitoring, Recordkeeping, and Reporting..................................................................................34

Section IV – Appendix .......................................................................................................................................... 35

Inspection Information ..................................................................................................................................35

1.1.

Driving Directions: ...............................................................................................................................35

1.2.

Global Positioning System (GPS): .......................................................................................................35

1.3.

Safety Considerations: ........................................................................................................................35

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

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

iii

SO2

SUIT

tpy

Tribe

US EPA

VOC

Sulfur Dioxide

Southern Ute Indian Tribe

Ton(s) Per Year

Southern Ute Indian Tribe

United States Environmental Protection Agency

Volatile Organic Compounds

Table of Figures

Table 1 - Emission Units................................................................................................................. 2

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

Section I – Source Information and Emission Unit Identification

Source Information

Owner Name:

Facility Name:

Facility Location:

Latitude:

Longitude:

State:

County:

Responsible Official:

SIC Code:

ICIS Identification Number:

EPA Facility Registry ID:

Other Clean Air Act Permits

Transwestern Pipeline Company, LLC

La Plata A Compressor Station

Section 35, T34N R9W

37.145756° N

107.787152° W

Colorado

La Plata

Director – Operations

4922

110010304928

08-067-U0017

None

Process Description:

The La Plata A Compressor Stations is a natural gas compression and transmission facility.

Natural gas is received at the station via pipeline and passes through an inlet separator, which

separates and removes pipeline condensate liquids that may exist in the inlet stream. Very little

liquid is contained in the gas received at this station, so consequently very little, if any, liquid is

separated out from the gas stream for subsequent storage and disposal. The gas is then compressed

by two turbine-driven gas compressors. After compression, the gas exits the facility via a single

gas pipeline.

Any liquid removed by the separator is directed to a 100-barrel oily wastewater storage tank, which

is also used to store wastewater accumulated at the station and waste oil that accumulates from

maintenance activity conducted at the station. This liquid is periodically transferred to tanker

trucks for off-site disposal via a truck loading point.

The primary emitters at this facility are two turbine-driven gas compressor engines (units T01 and

T02). There is an emergency engine and several tanks that qualify as insignificant emission

sources located at the facility.

Source Emission Points

Emission

Unit ID

T01

T02

Table 1 - Emission Units

Description

Solar Centaur 50-H T-5502 Natural Gas-Fired Simple Cycle Turbine

5,096 HP (46 MMBtu/hr)

Package Serial

TC95O17

Install Date:

12/22/2021

No.

Solar Taurus 60 7002S Natural Gas-Fired Simple Cycle Turbine

5,866 HP (49.2 MMBtu/hr)

Package Serial

HC90783

Install Date:

5/5/2023

No.

Control

Equipment

None

SoLoNOx

(not enforceable)

Table 2 - Insignificant Emission Units

Emission

Unit ID

Amount

GEN1

HEATER

T-1

T-2

BLOWDOWN

FUG

Description

Generac Emergency Generator (4SRB SI)

S/N: G9143001364 Install Date: 4/2014

(Used to provide back-up power)

Natural Gas-Fired Heater

(Used for comfort heating at the facility)

Vertical Fixed-Roof Storage Tank

(Used for storing lube oil for Turbines)

Vertical Fixed-Roof Storage Tank

(Used for storing oily wastewater / pipeline liquids)

Truck-Loading Point for Oil Wastewater

(Used as a loading point to transfer liquid stored in the

100-bbl storage tank to tanker trucks for off-site transport)

Compressor Blowdown Emissions from Turbine

Shutdowns and Startups for Maintenance

Fugitive Emissions

Size

Units

379.1

2.51

MMBtu/hr

500

Gallon

100

bbl

N/A

Section II – General Requirements

Title V Administrative Requirements

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

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

permittee.

[RAC 2-118(2)]

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

the preceding calendar year.

[RAC 2-118(2)]

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

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

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

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

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

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

Colorado 81137.

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

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

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

Submissions section of this permit.

[RAC 2-118]

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

recent form provided by the Tribe.

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

1.1.6. Basis for calculating annual fee:

1.1.6.1.

Subtotal annual fees shall be calculated by multiplying the applicable

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

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:

1.11.

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

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)]

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 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

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

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

1.1. 40 CFR Part 60, Subpart GG – Standards of Performance for Stationary Gas

Turbines [40 CFR 60.330 – 60.335 and RAC 3-102]

This facility is subject to the requirements of 40 CFR Part 60, subparts A and GG.

Notwithstanding conditions in this permit, you shall comply with all applicable

requirements of 40 CFR Part 60, Subpart A and Subpart GG.

1.1.1. Applicability and Designation of Affected Facility

1.1.1.1.

The provisions of this subpart are applicable to the following affected

facilities:

T01 – Solar Centaur 50-H T-5502 Natural Gas-Fired Simple Cycle

Turbine, 5,096 HP (46 MMBtu/hr)

T02 – Solar Taurus 60 7002S Natural Gas-Fired Simple Cycle

Turbine, 5,866 HP (49.2 MMBtu/hr)

[40 CFR 60.330]

1.1.2.

Standard for Nitrogen Oxides

1.1.2.1.

No owner or operator subject to the provisions of this subpart shall cause

to be discharged into the atmosphere from any stationary gas turbine, any

gases which contain nitrogen oxides in excess of:

Emission

Unit

T01

Pollutant

NOx

Emission Standard

STD = 0.0150(14.4) + F = 179 (ppm)

Where:

STD = allowable ISO corrected (if required as given in

§60.335(b)(1)) NOX emission concentration (percent by

volume at 15 percent oxygen and on a dry basis),

Regulatory

Reference

40 CFR

60.332(a)(2)

Y = 12.03

manufacturer's rated heat rate at manufacturer's rated peak

load (kilojoules per watt hour), or actual measured heat rate

based on lower heating value of fuel as measured at actual

peak load for the facility. The value of Y shall not exceed

14.4 kilojoules per watt hour, and

T02

NOx

F=0

NOx emission allowance for fuel-bound nitrogen as defined

in paragraph 40 CFR 60.332(a)(4).

STD = 0.0150(14.4) + F = 191 (ppm)

Where:

STD = allowable ISO corrected (if required as given in

§60.335(b)(1)) NOX emission concentration (percent by

volume at 15 percent oxygen and on a dry basis),

Y = 11.26

manufacturer's rated heat rate at manufacturer's rated peak

load (kilojoules per watt hour), or actual measured heat rate

based on lower heating value of fuel as measured at actual

peak load for the facility. The value of Y shall not exceed

14.4 kilojoules per watt hour, and

F=0

NOx emission allowance for fuel-bound nitrogen as defined

in paragraph 40 CFR 60.332(a)(4).

1.1.2.2.

Stationary gas turbines with a heat input greater than or equal to 10.7

gigajoules per hour (10 MMBtu/hr) when fired with natural gas are

exempt from the NOx emission standard when being fired with an

emergency fuel. For the purpose of this requirement, the term “emergency

fuel” means “a fuel fired by a gas turbine only during circumstances, such

as natural gas curtailment or breakdown of delivery system, that makes it

impossible to fire natural gas in the gas turbine.”

[40 CFR 60.332 and 60.331(r)]

1.1.3.

Standard for Sulfur Dioxide

1.1.3.1.

Every owner or operator subject to this subpart shall comply with the

following condition:

1.1.3.1.1.

1.1.4.

No owner or operator subject to the provisions of this subpart shall

burn in any stationary gas turbine any fuel which contains total

sulfur in excess of 0.8 percent by weight (8000 ppmw).

[40 CFR 60.333]

Monitoring of Operations

1.1.4.1.

The owner or operator of any stationary gas turbine subject to this subpart:

1.1.4.1.1.

Notwithstanding the provisions of paragraph 40 CFR 60.334(h)(1),

the owner or operator may elect not to monitor the total sulfur

content of the gaseous fuel combusted in the turbine, if the gaseous

fuel is demonstrated to meet the definition of natural gas in

§60.331(u), regardless of whether an existing custom schedule

approved by the administrator for subpart GG requires such

monitoring. The owner or operator shall use the following source

of information to make the required demonstration:

1.1.4.1.1.1.

1.1.4.2.

The gas quality characteristics in a current, valid purchase

contract, tariff sheet or transportation contract for the

gaseous fuel, specifying that the maximum total sulfur

content of the fuel is 20.0 grains/100 scf or less

[40 CFR 60.334]

The owner or operator of any affected facilities shall measure NOx

emissions at each affected facility at least once every calendar quarter to

show compliance with the requirements of 40 CFR 60.332(a)(2). To meet

this requirement, the permittee shall measure the NOX emissions from

each turbine subject to this subpart using a portable analyzer and the

monitoring protocol approved by EPA, or by the monitoring protocols

approved by EPA as outlined in 40 CFR 60 Appendix A.

1.1.4.2.1.

You may conduct a performance test as specified in this permit to

satisfy the requirement of quarterly portable analyzer

measurements.

1.1.4.2.2.

Monitoring shall begin in the first calendar quarter following EPA

notification to the applicant of the approval of the monitoring

protocol.

1.1.4.2.3.

If the affected facility is inoperable for 1,500 hours or more in any

calendar quarter, the permittee is exempt from conducting NOX

monitoring for the emissions unit for that quarter only.

1.1.4.2.4.

For any one turbine, if the results of four (4) consecutive quarterly

portable analyzer measurements are less than 75% of the NOx

emission limit for the turbine, you may reduce the frequency of

subsequent monitoring from quarterly to semi-annual. If results

from semi-annual portable analyzer measurements are greater than

75% of the emission limit, the monitoring frequency shall change

back to quarterly.

1.1.4.2.5.

If the affected facility is inoperable for 3,000 hours or more in any

semi-annual period, the permittee is exempt from conducting NOx

monitoring for the emission unit for that semi-annual period only.

1.1.4.2.6.

Monitoring may not occur within 30 days of the previous

monitoring measurements.

1.1.4.3.

1.1.5.

The permittee shall not perform tuning or make any adjustments to turbine

settings, processes or operational parameters immediately prior to the

measurements or during measurements. Any such tuning or adjustments

may result in a determination that the result is invalid.

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

Test Methods and Procedures

1.1.5.1.

The owner or operator shall conduct the performance tests required in

§60.8, using either:

1.1.5.1.1.

EPA Method 20,

1.1.5.1.2.

ASTM D6522-00 (incorporated by reference, see §60.17), or

1.1.5.1.3.

EPA Method 7E and either EPA Method 3 or 3A in appendix A to

this part, to determine NOx and diluent concentration.

1.1.5.1.4.

Sampling traverse points are to be selected following Method 20 or

Method 1, (non-particulate procedures) and sampled for equal time

intervals. The sampling shall be performed with a traversing

single-hole probe or, if feasible, with a stationary multi-hole probe

that samples each of the points sequentially. Alternatively, a multihole probe designed and documented to sample equal volumes

from each hole may be used to sample simultaneously at the

required points.

1.1.5.1.5.

Notwithstanding the above provision, the owner or operator may

test at fewer points than are specified in Method 1 or Method 20 if

the following conditions are met:

1.1.5.1.5.1.

1.1.5.1.5.1.1.

1.1.5.1.5.2.

You may perform a stratification test for NOX and diluent

pursuant to:

The procedures specified in section 6.5.6.1(a)

through (e) appendix A to part 75 of 40 CFR.

Once the stratification sampling is completed, the owner or

operator may use the following alternative sample point

selection criteria for the performance test:

1.1.5.1.5.2.1.

If each of the individual traverse point NOx

concentrations, normalized to 15 percent O2, is

within 10 percent of the mean normalized

concentration for all traverse points, then you may

use 3 points (located either 16.7, 50.0, and 83.3

percent of the way across the stack or duct, or, for

circular stacks or ducts greater than 2.4 meters (7.8

feet) in diameter, at 0.4, 1.2, and 2.0 meters from

the wall). The 3 points shall be located along the

measurement line that exhibited the highest average

normalized NOx concentration during the

stratification test; or

1.1.5.1.5.2.2.

If each of the individual traverse point NOx

concentrations, normalized to 15 percent O2, is

within 5 percent of the mean normalized

concentration for all traverse points, then you may

sample at a single point, located at least 1 meter

from the stack wall or at the stack centroid.

1.1.5.2.

The owner or operator shall determine compliance with the applicable

nitrogen oxides emission limitation in §60.332 and shall meet the

performance test requirements of §60.8 as follows:

1.1.5.2.1.

For each run of the performance test, the mean nitrogen oxides

emission concentration (NOXo) corrected to 15 percent O2 shall be

corrected to ISO standard conditions using the following equation.

Notwithstanding this requirement, use of the ISO correction

equation is optional for: Lean premix stationary combustion

turbines; units used in association with heat recovery steam

generators (HRSG) equipped with duct burners; and units equipped

with add-on emission control devices:

Where:

NOX = emission concentration of NOX at 15 percent O2 and ISO

standard ambient conditions, ppm by volume, dry basis,

NOXo = mean observed NOX concentration, ppm by volume, dry

basis, at 15 percent O2,

Pr = reference combustor inlet absolute pressure at 101.3 kilopascals

ambient pressure. Alternatively, you may use 760 mm Hg (29.92 in

Hg),

Po = observed combustor inlet absolute pressure at test, mm Hg.

Alternatively, you may use the barometric pressure for the date of

the test,

Ho = observed humidity of ambient air, g H2O/g air,

e = transcendental constant, 2.718, and

Ta = ambient temperature, °K.

1.1.5.2.2.

The 3-run performance test required by §60.8 must be performed

within 5 percent at 30, 50, 75, and 90-to-100 percent of peak load

or at four evenly-spaced load points in the normal operating range

of the gas turbine, including the minimum point in the operating

range and 90-to-100 percent of peak load, or at the highest

achievable load point if 90-to-100 percent of peak load cannot be

physically achieved in practice. If the turbine combusts both oil

and gas as primary or backup fuels, separate performance testing is

required for each fuel. Notwithstanding these requirements,

performance testing is not required for any emergency fuel (as

defined in §60.331).

[40 CFR 60.335]

1.1.5.3.

1.1.6.

The initial performance test required by §60.8 must be conducted within

60 days after achieving the maximum production rate at which the

affected facility will be operated, but not later than 180 days after initial

startup of the affected facility.

[40 CFR 60.8]

Recordkeeping Requirements

1.1.6.1.

You must comply with the following recordkeeping requirements:

1.1.6.1.1.

You shall maintain records of the occurrence and duration of any

startup, shutdown, or malfunction in the operation of an affected

facility; any malfunction of the air pollution control equipment; or

any periods during which a continuous monitoring system or

monitoring device is inoperative.

1.1.6.1.2.

You shall maintain a file of information required by the Subpart

GG conditions of this permit.

1.1.6.2.

You must comply with the following recordkeeping requirements when

firing an emergency fuel:

1.1.6.2.1.

Monitoring of fuel sulfur content shall be recorded daily while

firing an emergency fuel as defined in 40 CFR 60.331(r).

1.1.6.2.2.

Monitoring of fuel nitrogen content shall be recorded daily while

firing a fuel other than pipeline-quality natural gas or while firing

an emergency fuel as defined in 40 CFR 60.331(r).

1.1.6.3.

You must keep records of all required monitoring. The records shall

include the following:

1.1.6.3.1.

The date, place, and time of sampling or measurements;

1.1.6.3.2.

The date(s) analyses were performed;

1.1.6.3.3.

The company or entity that performed the analyses;

1.1.6.3.4.

The analytical techniques or methods used;

1.1.6.3.5.

The results of such analyses; and

1.1.6.3.6.

The operating conditions as existing at the time of sampling or

measurement.

1.1.6.4.

You must keep a record of the number of hours an affected facility is

inoperable and document the reason(s) why it was inoperable.

1.1.6.5.

You must retain records of all required monitoring data and support

information, sample analyses, fuel supplier, fuel quality, and fuel make-up

pertinent to the custom fuel monitoring schedule for a period of at least 5

years from the date of the monitoring sample, measurement, report, or

application. These records shall be made available upon request by the

Tribe and the EPA. Support information includes all calibration and

maintenance records, all original strip-chart recordings for continuous

monitoring instrumentation, and copies of all reports required by this

permit.

[RAC 2-110(6)]

1.1.7.

Reporting Requirements

1.1.7.1.

You shall submit to the Tribe and the EPA a written report of the results of

any initial performance test(s) required in this section.

[RAC 2-110(7) and 40 CFR 60.8]

1.2. 40 CFR Part 60, Subpart JJJJ – Standards of Performance for Stationary Spark

Ignition Internal Combustion Engines [40 CFR 60.4230 – 60.4248 and RAC 4-103]

This facility is subject to the requirements of 40 CFR Part 60, Subpart JJJJ for fourstroke rich burn (4SRB) emergency stationary spark ignition (SI) internal combustion

engines (ICE) with a maximum engine power greater than or equal to 100 brake

horsepower (HP) which commenced construction after June 12, 2006 and was

manufactured after January 1, 2009. Notwithstanding conditions in this permit, the

permittee shall comply with all applicable requirements of 40 CFR Part 60, Subpart JJJJ.

1.2.1.

Affected Sources

The following emission units are considered affected sources under 40 CFR Part

60, Subpart JJJJ:

GEN1 – Generac SG-250 Emergency Generator (4SRB), 379.1 Site Rated HP

[40 CFR 60.4230]

1.2.2.

Emission Standards for Owners and Operators

1.2.2.1.

Owners and operators of stationary SI ICE with a maximum engine power

greater than or equal to 75 KW (100 HP) (except gasoline and rich burn

engines that use LPG) must comply with the emission standards in Table 1

to this subpart for their stationary SI ICE.

[40 CFR 60.4233]

Table 1 to Subpart JJJJ of Part 60—NOX, CO, and VOC Emission Standards Stationary Emergency Engines

>25 HP

Emission standardsa

g/HP-hr

ppmvd at 15% O2

Engine type

Maximum

Manufacture

and fuel

engine power

date

NOX CO VOCd

Emergency

HP≥130

2.0

4.0

1.0

160 540

aOwners and operators of stationary non-certified SI engines may choose to comply with the emission standards in units of either

g/HP-hr or ppmvd at 15 percent O2.

dFor purposes of this subpart, when calculating emissions of volatile organic compounds, emissions of formaldehyde should not be

included.

1.2.2.2.

Owners and operators of stationary SI ICE must operate and maintain

stationary SI ICE that achieve the emission standards as required in

§60.4233 over the entire life of the engine.

[40 CFR 60.4234]

1.2.3. Other Requirements for Owners and Operators

1.2.3.1.

For emergency stationary SI ICE with a maximum engine power of

greater than 19 KW (25 HP), owners and operators may not install engines

that do not meet the applicable requirements in §60.4233 after January 1,

2011.

[40 CFR 60.4236(c)]

1.2.3.2.

If the emergency stationary SI internal combustion engine that is greater

than or equal to 130 HP and less than 500 HP that was built on or after

January 1, 2011, does not meet the standards applicable to non-emergency

engines, the owner or operator must install a non-resettable hour meter.

[40 CFR 60.4237]

1.2.4. Compliance Requirements for Owners and Operators

1.2.4.1.

If you are an owner or operator of a stationary SI internal combustion

engine and must comply with the emission standards specified in

§60.4233(d) or (e), you must demonstrate compliance according to the

method specified in the paragraphs below.

1.2.4.1.1.

Purchasing a non-certified engine and demonstrating compliance

with the emission standards specified in §60.4233(e) and according

to the requirements specified in §60.4244, as applicable, and

according to the paragraphs in the section below.

[40 CFR 60.4243(b)(1)]

1.2.4.1.1.1.

1.2.4.2.

If you operate and maintain the certified stationary SI

internal combustion engine and control device according to

the manufacturer's emission-related written instructions,

you must keep records of conducted maintenance to

demonstrate compliance, but no performance testing is

required if you are an owner or operator. You must also

meet the requirements as specified in 40 CFR part 1068,

subparts A through D, as they apply to you. If you adjust

engine settings according to and consistent with the

manufacturer's instructions, your stationary SI internal

combustion engine will not be considered out of

compliance.

[40 CFR 60.4243(a)(1)]

If you own or operate an emergency stationary ICE, you must operate the

emergency stationary ICE according to the requirements in the subparagraphs below. In order for the engine to be considered an emergency

stationary ICE under this subpart, any operation other than emergency

operation, maintenance and testing, emergency demand response, and

operation in non-emergency situations for 50 hours per year, as described

in the sub-paragraphs below, is prohibited. If you do not operate the

engine according to the requirements in the sub-paragraphs below, the

engine will not be considered an emergency engine under this subpart and

must meet all requirements for non-emergency engines.

[40 CFR 60.4243(d)]

1.2.4.2.1.

There is no time limit on the use of emergency stationary ICE in

emergency situations.

[40 CFR 60.4243(d)(1)]

1.2.4.2.2.

You may operate your emergency stationary ICE for any

combination of the purposes specified in the sub-paragraphs below

for a maximum of 100 hours per calendar year. Any operation for

non-emergency situations as allowed by paragraph §60.4243(d)(3)

counts as part of the 100 hours per calendar year allowed by this

paragraph.

[40 CFR 60.4243(d)(2)]

1.2.4.2.3.

Emergency stationary ICE may be operated for maintenance

checks and readiness testing, provided that the tests are

recommended by federal, state or local government, the

manufacturer, the vendor, the regional transmission organization or

equivalent balancing authority and transmission operator, or the

insurance company associated with the engine. The owner or

operator may petition the Administrator for approval of additional

hours to be used for maintenance checks and readiness testing, but

a petition is not required if the owner or operator maintains records

indicating that federal, state, or local standards require

maintenance and testing of emergency ICE beyond 100 hours per

calendar year.

[40 CFR 60.4243(d)(2)(i)]

1.2.4.2.4.

Emergency stationary ICE may be operated for up to 50 hours per

calendar year in non-emergency situations. The 50 hours of

operation in non-emergency situations are counted as part of the

100 hours per calendar year for maintenance and testing and

emergency demand response provided in paragraph of this section

above discussing maximum hourly usage. Except as provided in

the paragraph of this section below, the 50 hours per year for nonemergency situations cannot be used for peak shaving or nonemergency demand response, or to generate income for a facility to

an electric grid or otherwise supply power as part of a financial

arrangement with another entity.

[40 CFR 60.4243(d)(3)]

1.2.4.2.4.1.

The 50 hours per year for non-emergency situations can be

used to supply power as part of a financial arrangement

with another entity if all of the following conditions are

met:

[40 CFR 60.4243(d)(3)(i)]

1.2.4.3.

1.2.4.2.4.1.1.

The engine is dispatched by the local balancing

authority or local transmission and distribution

system operator;

1.2.4.2.4.1.2.

The dispatch is intended to mitigate local

transmission and/or distribution limitations so as to

avert potential voltage collapse or line overloads

that could lead to the interruption of power supply

in a local area or region.

1.2.4.2.4.1.3.

The dispatch follows reliability, emergency

operation or similar protocols that follow specific

NERC, regional, state, public utility commission or

local standards or guidelines.

1.2.4.2.4.1.4.

The power is provided only to the facility itself or to

support the local transmission and distribution

system.

1.2.4.2.4.1.5.

The owner or operator identifies and records the

entity that dispatches the engine and the specific

NERC, regional, state, public utility commission or

local standards or guidelines that are being followed

for dispatching the engine. The local balancing

authority or local transmission and distribution

system operator may keep these records on behalf

of the engine owner or operator.

[40 CFR 60.4243(d)(3)(A)-(D)]

Owners and operators of stationary SI natural gas fired engines may

operate their engines using propane for a maximum of 100 hours per year

as an alternative fuel solely during emergency operations, but must keep

records of such use. If propane is used for more than 100 hours per year in

an engine that is not certified to the emission standards when using

propane, the owners and operators are required to conduct a performance

test to demonstrate compliance with the emission standards of §60.4233.

[40 CFR 60.4243(e)]

1.2.4.4.

If you are an owner or operator of a stationary SI internal combustion

engine that is less than or equal to 500 HP and you purchase a noncertified engine or you do not operate and maintain your certified

stationary SI internal combustion engine and control device according to

the manufacturer's written emission-related instructions, you are required

to perform initial performance testing as indicated in this section, but you

are not required to conduct subsequent performance testing unless the

stationary engine undergoes rebuild, major repair or maintenance. Engine

rebuilding means to overhaul an engine or to otherwise perform extensive

service on the engine (or on a portion of the engine or engine system). For

the purpose of this paragraph (f), perform extensive service means to

disassemble the engine (or portion of the engine or engine system), inspect

and/or replace many of the parts, and reassemble the engine (or portion of

the engine or engine system) in such a manner that significantly increases

the service life of the resultant engine.

[40 CFR 60.4243(f)]

1.2.4.5.

It is expected that air-to-fuel ratio controllers will be used with the

operation of three-way catalysts/non-selective catalytic reduction. The

AFR controller must be maintained and operated appropriately in order to

ensure proper operation of the engine and control device to minimize

emissions at all times.

[40 CFR 60.4243]

1.2.4.6.

If you are an owner or operator of a modified or reconstructed stationary

SI internal combustion engine and must comply with the emission

standards specified in § 60.4233(f), you must demonstrate compliance

according to one of the methods specified in paragraphs (i)(1) or (2) of

this section.

1.2.4.6.1.

Purchasing, or otherwise owning or operating, an engine certified

to the emission standards in § 60.4233(f), as applicable.

1.2.4.6.2.

Conducting a performance test to demonstrate initial compliance

with the emission standards according to the requirements

specified in § 60.4244. The test must be conducted within 60 days

after the engine commences operation after the modification or

reconstruction.

[40 CFR 60.4243(i)]

1.2.5. Notification, Reports, and Records for Owners and Operators

1.2.5.1.

Owners or operators of stationary SI ICE must meet the following

notification, reporting and recordkeeping requirements.

1.2.5.1.1.

Owners and operators of all stationary SI ICE must keep records of

the information in the three paragraphs of the section below.

1.2.5.1.1.1.

All notifications submitted to comply with this subpart and

all documentation supporting any notification.

1.2.5.1.1.2.

Maintenance conducted on the engine.

1.2.5.1.1.3.

If the stationary SI internal combustion engine is not a

certified engine, documentation that the engine meets the

emission standards.

[40 CFR 60.4245(a)]

1.2.5.1.2.

For all stationary SI emergency ICE greater than or equal to 130

HP and less than 500 HP manufactured on or after July 1, 2011

that do not meet the standards applicable to non-emergency

engines, the owner or operator of must keep records of the hours of

operation of the engine that is recorded through the non-resettable

hour meter. The owner or operator must document how many

hours are spent for emergency operation, including what classified

the operation as emergency and how many hours are spent for nonemergency operation.

[40 CFR 60.4245(b)]

1.2.6. General Provisions

1.2.6.1.

Table 3 to this subpart shows which parts of the General Provisions in

§§60.1 through 60.19 apply to you.

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

General

Applies

provisions

Subject of citation

Explanation

citation

subpart

§60.1

General applicability of the General Yes

Provisions

§60.2

Definitions

Yes

Additional terms defined in §60.4248.

§60.3

Units and abbreviations

Yes

§60.4

Address

Yes

§60.5

Determination of construction or

Yes

modification

§60.6

Review of plans

Yes

§60.7

Notification and Recordkeeping

Yes

Except that §60.7 only applies as specified in §60.4245.

§60.8

Performance tests

Yes

Except that §60.8 only applies to owners and operators

who are subject to performance testing in subpart JJJJ.

§60.9

§60.10

§60.11

§60.12

§60.13

§60.14

§60.15

§60.16

§60.17

§60.18

§60.19

Availability of information

Yes

State Authority

Yes

Compliance with standards and Yes

maintenance requirements

Circumvention

Yes

Monitoring requirements

Modification

Yes

Reconstruction

Yes

Priority list

Yes

Incorporations by reference

Yes

General control device requirements No

General notification and reporting Yes

requirements

Requirements are specified in subpart JJJJ.

Reserved - National Emission Standards for Hazardous Air Pollutants (NESHAP)

Reserved – Tribal Minor New Source Review

Reserved – Prevention of Significant Deterioration Requirements

Reserved – Consent Decree Requirements

Reserved – Compliance Assurance Monitoring (CAM) Requirements

Enhanced Monitoring, Recordkeeping, and Reporting

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

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

certifications, fee calculation worksheets, and applications for renewals and permit

modifications shall be submitted to the Tribe:

by email at: airqualty@southernute-nsn.gov

or by United States Postal Service:

or by Common Carrier:

Part 70 Program Environmental

Programs Department

Air Quality Division

P.O. Box 737 MS #84

Ignacio, Colorado 81137

Part 70 Program Environmental

Programs Department

Air Quality Division

398 Ouray Drive

Ignacio, CO 81137

Inspection Information

Section IV – Appendix

1.1. Driving Directions:

La Plata A Compressor Station is located approximately 14 miles southeast of Durango

in La Plata County, Colorado. The station lies within the boundaries of the Southern

Ute Indian Reservation. Driving directions to the station are the following:

From Ignacio:

• Go 12 miles northwest on State Highway 172

• Turn Left on County Road 307

• Go south for 4.2 miles.

• La Plata A Compressor Station will be on the right.

1.2. Global Positioning System (GPS):

Latitude: 37.145756° N

Longitude: 107.787152° W

1.3. Safety Considerations:

Upon arrival at the site, visitors will need to sign in at the main office. Personal

protective equipment (PPE) is required to be worn in the operation areas of the station.

Required PPE includes:

• Steel-toed work boots

• Hard hat

• Safety glasses

• Flame-retardant clothing or coverall

• Hearing protection (in certain areas)

Visitors will receive a safety briefing prior to proceeding to any operational areas. When

departing the station, visitors need to sign out to confirm that they have been accounted

for prior to the end of the workday.

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.