AIR QUALITY DIVISION (2025)

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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

December 23, 2025

Mr. Ethan Hinkley

Air Quality Compliance Manager

Red Cedar Gathering Company

125 Mercado St., Suite 201

Durango, CO 81301

RE: Part 70 Operating Permit – Permit Renewal

Title V Permit # V-SUIT-0011-2025.00

Red Cedar Gathering Company

Bondad 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 Bondad Compressor Station.

Based on the information submitted in Red Cedar’s application, the AQD hereby issues the enclosed

Title V Permit to Operate. The final permit will become effective on December 23, 2025.

A 30-day public comment period was held from August 8, 2025, to September 7, 2025. The AQD

received comments from Red Cedar during this time. No comments were received from the public,

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

changes:

1. Section III.2.1. – Replaced the term “12-month period” with “calendar year”. Additionally, the

AQD updated the bracketed notation to state that Red Cedar has elected to model emissions

according to alternative test method ALT-147.

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

to Comments document attached to this permit.

A 45-day Administrative Review period at EPA Region 8 was held from November 6, 2025, to

December 22, 2025. No comments were received from EPA Region 8 during this review period.

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

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

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

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

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

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

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

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

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

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

unless the grounds for such objections arose after such period.

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

Sincerely,

Mark Lamoreaux

Air Quality Scientist II - Permitting

Southern Ute Indian Tribe

(970) 563-2273

mlamoreaux@southernute-nsn.gov

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

AIR QUALITY DIVISION

ENVIRONMENTAL PROGRAMS DEPARTMENT

SOUTHERN UTE INDIAN TRIBE

PO BOX 737, MS 84, IGNACIO, CO 81137

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

December 23, 2025

Response to Comments Document

Operator: Red Cedar Gathering Company

Facility: Bondad Compressor Station

Permit Action: Title V Operating Permit Renewal

Comments From Red Cedar Gathering Company Received on Draft Title V Operating

Permit V-SUIT-0011-2025.00

I. Permit Provision III.2.1.: 40 CFR Part 63, Subpart HH – National Emission Standards

for Hazardous Air Pollutants From Oil and Natural Gas Production Facilities [40 CFR

63.760 - 63.779, RAC 4-103]

Comment #1:

 Provision III.2.1.1.

- We suggest revising the phrase "within a 12-month period" to "during the calendar year"

because the former is undefined, the start and end dates of "a 12-month period" may

describe any time in history so long the dates bound a period spanning 12-months, and the

paragraph's requirements are otherwise based upon an "at least once per calendar year"

frequency. Therefore, it follows that the allowable gas samples to be used for emissions

modeling should be limited to those obtained during the same calendar year for which

emissions are calculated.

In addition, on September 23, 2024, Red Cedar submitted a notification of intent to use

alternative test method ALT-147. Therefore, Red Cedar requests the italicized paragraph be

corrected to clarify that ProMax has indeed elected to model emissions according to the

alternative method.

Suggested language: The permittee must obtain an extended wet gas analysis of the inlet gas

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

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

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

corresponding temperature and pressure documented during collection of the gas sample

must be used to determine the actual average benzene emissions annually, in accordance with

§63.772(b)(2)(i) or (ii). If electing to make this demonstration according §63.772(b)(2)(i),

using the GRI-GLYCalcTM model, the permittee shall perform each model run using a

single gas analysis and the corresponding temperature and pressure documented during

collection of the gas sample. The permittee may elect to average the results of multiple

GRIGLYCalcTM model runs to determine in determining actual annual average benzene

emissions annually, if multiple gas samples were are collected during the calendar year

within a 12-month period.

[The permittee has elected to model emissions according to alternative test method ALT-147.

If applying the use of ProMax® (ProMax), Red Cedar should continue to The permittee shall

adhere to the requirements of Subpart HH language as written in their current permits with

the exception that using ProMax Version 5.0 or higher may be used in place of GRIGLYCalc for the specific provisions identified in the EPA approval memo until receiving

AQD approval to use a different method. The use of ProMax is an alternative EPA approved

method (ALT-147). Should Red Cedar elect to use ProMax as an alternative method, Red

Cedar may not use another method until receiving AQD approval.]

AQD’s Response #1:

 The AQD recognizes the inconsistency in both “calendar year” and “12-month period”

within the same provision. The AQD has revised the provision by replacing “12-month

period” with “calendar year”. The requested change has been made.

Red Cedar submitted a notice of intent to use ProMax in September 2024. Red Cedar

used ProMax in their October 2024 Bondad Title V renewal application to determine the

actual average benzene emissions and applicability to 40 CFR Part 63, Subpart HH,

triggering the requirement1 to continue to use ProMax until Red Cedar receives an

additional approval to use another method. The AQD has revised the bracketed notation

as follows:

[The permittee has elected to model emissions according to alternative test method ALT147. The permittee shall adhere to the requirements of Subpart HH language as written

in their current permits with the exception that ProMax Version 5.0 or higher will be

used in place of GRI-GLYCalc for the specific provisions identified in the EPA approval

memo until receiving AQD approval to use a different method.]

Letter from Steffan Johnson, Group Leader, Measurement Technology Group, U.S. EPA Office of Air Quality Planning and

Standards, to Josh Ravichandran, Bryan Research & Engineering, LLC, Re: Response to request for broad source category-wide

approval for use of Bryan Research & Engineering’s process simulation software, ProMax® (ProMax) in lieu of the GRIGLYCalc™ software (GLYCalc) for modeling glycol dehydration unit emissions in demonstrating compliance with 40 CFR part

63, subpart HH, National Emission Standards for Hazardous Air Pollutants from Oil and Gas Production Facilities (Subpart HH).

March 31, 2022. Available at https://www.epa.gov/system/files/documents/2022-03/ravichandran-bre-promaxaltfinal_147_signed.pdf and in the docket for this rulemaking, Docket Id. No. EPA-HQ-OAR2023-0234

Southern Ute Indian Tribe

Air Quality Division

Title V Operating Permit

Southern Ute Indian Tribe

Environmental Programs Department

Air Quality Division

71 Mike Frost Way

Ignacio, Colorado 81137

AIR POLLUTION CONTROL

TITLE V PERMIT TO OPERATE

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

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

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

Red Cedar Gathering Company

Bondad 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 24, T33N, R10W

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

Bondad Compressor Station

SUIT Account Identification Code: 3-006

Permit Number: V-SUIT-0011-2025.00

[Replaces Permit No.: V-SUIT-0011-2019.00]

Issue Date:

Revised Date:

Expiration Date:

December 23, 2025

N/A

December 23, 2030

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

correspondence regarding this facility.

Permit Issuance History

DATE

TYPE OF

ACTION

May 2001

Permit Issued

DESCRIPTION OF ACTION

PERMIT NUMBER

Initial Part 71 Permit Issued

# V-SU-0011-00.00

1 Part 71 Renewal Permit Issued

Replaces EPA-issued permit #V-SU-0011-00.00

Administrative Amendment

• Updated contact information for responsible

official and facility contact

• Clarified text for Alternative Operating

Scenarios and Off Permit Changes sections

Administrative Amendment

• Removed responsible official, facility contact

and tribal contact information

• Updated emission unit serial numbers

• Updated annual fee payment information

Administrative Amendment

• Removed facility mailing address

• Added date of construction for emission units

• Clarified text for Alternative Operating

Scenarios and Off Permit Changes sections

April 10, 2006

Permit Issued

August 17, 2007

Permit Revision

February 5, 2008

Permit Revision

July 3, 2008

Permit Revision

August 2012

Permit Issued

2nd Part 71 Renewal Permit Issued

# V-SU-0011-2011.00

August 14, 2014

Permit Issued

Initial Part 70 Permit Issued

# V-SUIT-0011-2014.00

March 20, 2017

Permit Revision

Minor Permit Revision

• Added emission unit G-100 and applicable

requirements

# V-SUIT-0011-2014.01

April 6, 2020

Permit Issued

1st Part 70 Renewal Permit Issued

# V-SUIT-0011-2019.00

December 23, 2025

Permit Issued

2 Part 70 Renewal Permit Issued

# V-SUIT-0011-2025.00

# V-SU-0011-06.00

# V-SU-0011-06.01

# V-SU-0011-06.02

# V-SU-0011-06.03

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

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

1.1.

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

Combustion Engines [40 CFR 60.4230 – 60.4248 and RAC §3-102] ..................................................................23

National Emission Standards for Hazardous Air Pollutants (NESHAP) and 40 CFR Part 63 ...........................32

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] .............................................32

Reserved – Tribal Minor New Source Review ................................................................................................33

Reserved – Prevention of Significant Deterioration Requirements ...............................................................33

Reserved – Consent Decree Requirements ....................................................................................................33

Reserved – Compliance Assurance Monitoring (CAM) Requirements ...........................................................33

Enhanced Monitoring, Recordkeeping, and Reporting..................................................................................33

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

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

Source Information

Owner Name:

Red Cedar Gathering Company

Facility Name:

Bondad Compressor Station

Facility Location:

Section 24, T33N, R10W

Latitude:

37.088111 °N

Longitude:

State:

-107.882944 °W

Colorado

County:

La Plata

Responsible Official:

President – Chief Operating Officer

SIC Code:

1311

ICIS Identification Number:

SU00000008067U0028

EPA Facility Registry ID:

110056280876

Other Clean Air Act Permits

N/A

Process Description:

The Bondad Compressor Station is a low to medium pressure compressor station capable of

processing roughly 35 MMscf/day. The station receives inlet gas from various well locations and

producer pipelines, with an inlet pressure of approximately 30-40 psi. There are three main inlets

to the station which correspond to lines coming in from different producers or different areas.

The gas from all inlets first is compressed through 7 compressors, driven by Waukesha 7042GL

engines to approximately 350-400 psi. It is then processed through two TEG dehydrators set in

parallel (i.e., the gas is split evenly between the two dehydration units or sent to either one

individually). The gas comes in saturated and leaves the station at less than 7 lbs H2O/MMscf.

After dehydration the gas goes through the outlet meter building with a portion being routed

back to the station as fuel gas. The gas is then sent to Red Cedar’s medium pressure pipeline.

Source Emission Points

Table 1 - Emission Units

Emission

Unit ID

Control

Equipment

Description

Waukesha 7042GL (4SLB SI) Natural Gas-Fired Compressor Engine

1,478 Name Plate Rated HP

E-205

Serial No.

C-14182/1

Install Date:

02/12/2020

E-206

Serial No.

C-61327/1

Install Date:

04/23/2008

E-207

Serial No.

C-12583/3

Install Date:

07/30/2013

E-209

Serial No.

C-13476/1

Install Date:

07/17/2013

E-210

Serial No.

C-13013/2

Install Date:

09/01/2015

E-211

Serial No.

C-11786/1

Install Date:

09/24/2024

E-212

Serial No.

C-61159/2

Install Date:

02/23/2021

N/A

PESCO TEG Dehydrator

25 MMscf/day

D-301

Serial No.

N/A

Install Date:

01/01/1998

D-303

Serial No.

N/A

Install Date:

12/01/1998

Flash Tank with

Combustion

Device

Table 2 - Insignificant Emission Units

Emission

Unit ID

Amount

G-100

D-301a

D-303a

H-101, 201

H-401, 402

H-501, 502

H-700, 701

TK-501, 701

TK-502

TK-503, 504

TK-505, 707

TK-506, 507

TK-508, 509

TK-510

TK-700

Description

General Motors Vortec 5.7L Natural Gas-Fired Emergency

Generator (Serial No: 2312707)

Glycol Reboiler (D-301)

Glycol Reboiler (D-303)

Catalytic Heater

Tank Heater

Waste Water Tank

Waste Oil Tank

Glycol Still Vent Tank

Glycol Storage Tank

Lube Oil Tank

Engine Coolant Tank

Glycol Storage Tank

Waste Water Tank

Size

Units

Name Plate HP

0.5

1.0

0.012

0.325

15,750

6,615

725

1,000

1,700

500

6,615

MMBtu/hr

Gallons

Section II – General Requirements

Title V Administrative Requirements

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

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

permittee.

[RAC 2-118(2)]

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

the preceding calendar year.

[RAC 2-118(2)]

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

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

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

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

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

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

Colorado 81137.

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

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

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

Submissions section of this permit.

[RAC 2-118]

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

recent form provided by the Tribe.

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

1.1.6. Basis for calculating annual fee:

1.1.6.1.

Subtotal annual fees shall be calculated by multiplying the applicable

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

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

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

pollutant. Emissions of any regulated air pollutant that already are

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

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

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

source’s actual emissions.

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

1.1.6.1.1.

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

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

source over the preceding calendar year or any other period

determined by the Tribe to be more representative of normal

operation and consistent with the fee schedule adopted by the Tribe

and approved by the Administrator. Actual emissions shall be

calculated using each emissions units actual operating hours,

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

materials processed, stored, or combusted during the preceding

calendar year or other period used for this calculation.

[RAC 1-103(2)]

1.1.6.1.2.

Actual emissions shall be computed using compliance methods

required by the permit.

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

1.1.6.1.3.

If actual emissions cannot be determined using the compliance

methods in the permit, the permittee shall use other federally

recognized procedures.

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

1.1.6.2.

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

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

emitted from the source.

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

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

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

the start of each calendar year.]

1.1.6.3.

The permittee shall exclude the following emissions from the calculation

of fees:

1.1.6.3.1.

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

source emits in excess of 4,000 tpy.

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

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

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

certifications, fee calculation worksheets, and applications for renewals and

permit modifications shall be submitted:

by email at: airquality@southernute-nsn.gov

or by United States Postal Service:

Part 70 Program

Environmental Programs Department

Air Quality Division

P.O. Box 737 MS #84

Ignacio, Colorado 81137

or by Common Carrier:

Part 70 Program

Environmental Programs Department

Air Quality Division

398 Ouray Drive

Ignacio, CO 81137

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

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

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

remain valid and in force.

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

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 §2111; and

1.15.1.4.

The permittee provides contemporaneous written notice to the Tribe and

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

insignificant activities. Such notice shall state when the change occurred

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

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

change.

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

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

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

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

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

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

resulting from those changes.

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

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

upon request.

[RAC 2-110(6)]

1.16.

Permit Expiration and Renewal

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

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

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

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

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

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

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

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 JJJJ – Standards of Performance for Stationary Spark

Ignition Internal Combustion Engines [40 CFR 60.4230 – 60.4248 and RAC §3-102]

This facility is subject to the requirements of 40 CFR Part 60, Subpart JJJJ for certified

emergency stationary spark ignition (SI) internal combustion engines (ICE) with a

maximum engine power greater than 25 brake horsepower (HP) and less than 100 HP

that commenced construction after June 12, 2006, and was manufactured after July 1,

2009. Notwithstanding conditions in this permit, the permittee shall comply with all

applicable requirements of 40 CFR Part 60, subpart A and JJJJ.

1.1.1.

Affected Sources

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

60, Subpart JJJJ:

G-100 – General Motors Vortec 5.7L (4SRB SI) Natural Gas-Fired Emergency

Generator - 80 Nameplate Rated Horsepower

[40 CFR 60.4230]

1.1.2.

Emission Standards for Owners and Operators

1.1.2.1.

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

greater than 19 KW (25 HP) and less than 75 KW (100 HP) must comply

with the emission standards in Table 1 to this subpart for their emergency

stationary SI ICE. Owners and operators of stationary SI ICE with a

maximum engine power greater than 19 KW (25 HP) and less than 75 KW

(100 HP) manufactured prior to January 1, 2011, that were certified to the

standards in Table 1 to this subpart applicable to engines with a maximum

engine power greater than or equal to 100 HP and less than 500 HP, may

optionally choose to meet those standards.

[40 CFR 60.4233(d)]

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

Engines >25 HP

Emission standards a

Engine type

Maximum

Manufacture

g/HP-hr

ppmvd at 15% O2

and fuel

engine power

date

NOX CO VOC d NOX CO

VOC d

Emergency

25<HP<130

01/01/2009

10 387

N/A

N/A N/A

N/A

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

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

The emission standards applicable to emergency engines between 25 HP and 130 HP are in terms of NOX + HC.

For purposes of this subpart, when calculating emissions of volatile organic compounds, emissions of

formaldehyde should not be included.

1.1.2.2.

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]

1.1.3. Other Requirements for Owners and Operators

1.1.3.1.

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)]

1.1.3.2.

If you are an owner or operator of an emergency stationary SI internal

combustion engine that is less than 130 HP, was built on or after July 1,

2008, and does not meet the standards applicable to non-emergency

engines, you must install a non-resettable hour meter upon startup of your

emergency engine.

[40 CFR 60.4237(c)]

1.1.4. Compliance Requirements for Owners and Operators

1.1.4.1.

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), you

must demonstrate compliance according to the method specified in

§60.4243(b)(1).

[40 CFR 60.4243(b)]

1.1.4.1.1.

1.1.4.2.

Purchasing an engine certified according to procedures specified in

this subpart, for the same model year and demonstrating compliance

according to one of the methods specified in paragraph §60.4243(a).

[40 CFR 60.4243(b)(1)]

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

emergency stationary ICE according to the requirements in §60.4243(d)(1)

through (3). In order for the engine to be considered an emergency

stationary ICE under this subpart, any operation other than emergency

operation, maintenance and testing, and operation in non-emergency

situations for 50 hours per year, as described in §60.4243(d)(1) through (3),

is prohibited. If you do not operate the engine according to the requirements

in §60.4243(d)(1) through (3), 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)]

1.1.4.2.1.

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

emergency situations.

[40 CFR 60.4243(d)(1)]

1.1.4.2.2.

You may operate your emergency stationary ICE for the purpose

specified in §60.4243(d)(2)(i) for a maximum of 100 hours per

calendar year. Any operation for non-emergency situations as

allowed by §60.4243(d)(3) counts as part of the 100 hours per

calendar year allowed by this paragraph.

[40 CFR 60.4243(d)(2)]

1.1.4.2.2.1.

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)]

1.1.4.2.3.

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 provided in

§60.4243(d)(2). Except as provided in §60.4243(d)(3)(i), the 50

hours per year for non-emergency situations cannot be used for peak

shaving or non-emergency 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)]

1.1.4.2.3.1.

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)]

1.1.4.2.3.1.1.

The engine is dispatched by the local balancing

authority or local transmission and distribution

system operator;

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

1.1.4.2.3.1.2.

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.

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

1.1.4.2.3.1.3.

The dispatch follows reliability, emergency

operation or similar protocols that follow specific

NERC, regional, state, public utility commission or

local standards or guidelines.

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

1.1.4.2.3.1.4.

The power is provided only to the facility itself or to

support the local transmission and distribution

system.

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

1.1.4.2.3.1.5.

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)(i)(E)]

1.1.4.3.

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)]

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

1.1.5.1.

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

information in §60.4245(a)(1) through (4).

[40 CFR 60.4245(a)]

1.1.5.1.1.

All notifications submitted to comply with this subpart and all

documentation supporting any notification.

[40 CFR 60.4245(a)(1)]

1.1.5.1.2.

Maintenance conducted on the engine.

1.1.5.1.3.

If the stationary SI internal combustion engine is a certified engine,

documentation from the manufacturer that the engine is certified to

meet the emission standards and information as required in 40 CFR

parts 90, 1048, 1054, and 1060, as applicable.

[40 CFR 60.4245(a)(3)]

1.1.5.1.4.

If the stationary SI internal combustion engine is not a certified

engine or is a certified engine operating in a non-certified manner

and subject to §60.4243(a)(2), documentation that the engine meets

the emission standards.

[40 CFR 60.4245(a)(4)]

1.1.5.2.

[40 CFR 60.4245(a)(2)]

For all stationary SI emergency ICE greater than 25 HP and less than 130

HP manufactured on or after July 1, 2008, that do not meet the standards

applicable to non-emergency engines, the owner or operator 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 non-emergency

operation.

[40 CFR 60.4245(b)]

1.1.5.3.

You must submit notifications or reports to the EPA via the Compliance

and Emissions Data Reporting Interface (CEDRI), which can be accessed

through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).

The EPA will make all the information submitted through CEDRI available

to the public without further notice to you. Do not use CEDRI to submit

information you claim as CBI. Although we do not expect persons to assert

a claim of CBI, if you wish to assert a CBI claim for some of the information

in the report or notification, you must submit a complete file in the format

specified in this subpart, including information claimed to be CBI, to the

EPA following the procedures in §60.4245(g)(1) and (2). Clearly mark the

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

marked as CBI may be authorized for public release without prior notice.

Information marked as CBI will not be disclosed except in accordance with

procedures set forth in 40 CFR part 2. All CBI claims must be asserted at

the time of submission. Anything submitted using CEDRI cannot later be

claimed CBI. Furthermore, under CAA section 114(c), emissions data is not

entitled to confidential treatment, and the EPA is required to make

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

protected as CBI and will be made publicly available. You must submit the

same file submitted to the CBI office with the CBI omitted to the EPA via

the EPA's CDX as described earlier in this paragraph.

[40 CFR 60.4245(g)]

1.1.5.3.1.

The preferred method to receive CBI is for it to be transmitted

electronically using email attachments, File Transfer Protocol, or

other online file sharing services. Electronic submissions must be

transmitted directly to the OAQPS CBI Office at the email address

oaqpscbi@epa.gov, and as described in §60.4245(g), should include

clear CBI markings. ERT files should be flagged to the attention of

the Group Leader, Measurement Policy Group; all other files should

be flagged to the attention of the Stationary Spark Ignition Internal

Combustion Engine Sector Lead. If assistance is needed with

submitting large electronic files that exceed the file size limit for

email attachments, and if you do not have your own file sharing

service, please email oaqpscbi@epa.gov to request a file transfer

link.

[40 CFR 60.4245(g)(1)]

1.1.5.3.2.

If you cannot transmit the file electronically, you may send CBI

information through the postal service to the following address:

OAQPS Document Control Officer (C404-02), OAQPS, U.S.

Environmental Protection Agency, 109 T.W. Alexander Drive, P.O.

Box 12055, Research Triangle Park, North Carolina 27711. ERT

files should be sent to the attention of the Group Leader,

Measurement Policy Group, and all other files should be sent to the

attention of the Stationary Spark Ignition Internal Combustion

Engine Sector Lead. The mailed CBI material should be double

wrapped and clearly marked. Any CBI markings should not show

through the outer envelope.

[40 CFR 60.4245(g)(2)]

1.1.5.4.

If you are required to electronically submit a report through CEDRI in the

EPA's CDX, you may assert a claim of EPA system outage for failure to

timely comply with that reporting requirement. To assert a claim of EPA

system outage, you must meet the requirements outlined in §60.4245(h)(1)

through (7).

[40 CFR 60.4245(h)]

1.1.5.4.1.

You must have been or will be precluded from accessing CEDRI

and submitting a required report within the time prescribed due to

an outage of either the EPA’s CEDRI or CDX systems.

[40 CFR 60.4245(h)(1)]

1.1.5.4.2.

The outage must have occurred within the period of time beginning

five business days prior to the date that the submission is due.

[40 CFR 60.4245(h)(2)]

1.1.5.4.3.

The outage may be planned or unplanned.

1.1.5.4.4.

You must submit notification to the Administrator in writing as soon

as possible following the date you first knew, or through due

diligence should have known, that the event may cause or has caused

a delay in reporting.

[40 CFR 60.4245(h)(4)]

1.1.5.4.5.

You must provide to the Administrator a written description

identifying:

[40 CFR 60.4245(h)(5)]

1.1.5.4.5.1.

[40 CFR 60.4245(h)(3)]

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

and the system was unavailable;

[40 CFR 60.4245(h)(5)(i)]

1.1.5.4.5.2.

A rationale for attributing the delay in reporting beyond the

regulatory deadline to EPA system outage;

[40 CFR 60.4245(h)(5)(ii)]

1.1.5.4.5.3.

A description of measures taken or to be taken to minimize

the delay in reporting; and

[40 CFR 60.4245(h)(5)(iii)]

1.1.5.4.5.4.

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

already met the reporting requirement at the time of the

notification, the date you reported.

[40 CFR 60.4245(h)(5)(iv)]

1.1.5.4.6.

The decision to accept the claim of EPA system outage and allow

an extension to the reporting deadline is solely within the discretion

of the Administrator.

[40 CFR 60.4245(h)(6)]

1.1.5.4.7.

In any circumstance, the report must be submitted electronically as

soon as possible after the outage is resolved.

[40 CFR 60.4245(h)(7)]

1.1.5.5.

If you are required to electronically submit a report through CEDRI in the

EPA's CDX, you may assert a claim of force majeure for failure to timely

comply with that reporting requirement. To assert a claim of force majeure,

you must meet the requirements outlined in §60.4245(i)(1) through (5).

[40 CFR 60.4245(i)]

1.1.5.5.1.

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

occurs, or has occurred or there are lingering effects from such an

event within the period of time beginning five business days prior to

the date the submission is due. For the purposes of this section, a

force majeure event is defined as an event that will be or has been

caused by circumstances beyond the control of the affected facility,

its contractors, or any entity controlled by the affected facility that

prevents you from complying with the requirement to submit a

report electronically within the time period prescribed. Examples of

such events are acts of nature (e.g., hurricanes, earthquakes, or

floods), acts of war or terrorism, or equipment failure or safety

hazard beyond the control of the affected facility (e.g., large scale

power outage).

[40 CFR 60.4245(i)(1)]

1.1.5.5.2.

You must submit notification to the Administrator in writing as soon

as possible following the date you first knew, or through due

diligence should have known, that the event may cause or has caused

a delay in reporting.

[40 CFR 60.4245(i)(2)]

1.1.5.5.3.

You must provide to the Administrator:

[40 CFR 60.4245(i)(3)]

1.1.5.5.3.1.

A written description of the force majeure event;

[40 CFR 60.4245(i)(3)(i)]

1.1.5.5.3.2.

A rationale for attributing the delay in reporting beyond the

regulatory deadline to the force majeure event;

[40 CFR 60.4245(i)(3)(ii)]

1.1.5.5.3.3.

A description of measures taken or to be taken to minimize

the delay in reporting; and

[40 CFR 60.4245(i)(3)(iii)]

1.1.5.5.3.4.

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

already met the reporting requirement at the time of the

notification, the date you reported.

[40 CFR 60.4245(i)(3)(iv)]

1.1.5.5.4.

The decision to accept the claim of force majeure and allow an

extension to the reporting deadline is solely within the discretion of

the Administrator.

[40 CFR 60.4245(i)(4)]

1.1.5.5.5.

In any circumstance, the reporting must occur as soon as possible

after the force majeure event occurs.

[40 CFR 60.4245(i)(5)]

1.1.5.6.

Any records required to be maintained by this subpart that are submitted

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

This ability to maintain electronic copies does not affect the requirement for

facilities to make records, data, and reports available upon request to a

delegated air agency or the EPA as part of an on-site compliance evaluation.

[40 CFR 60.4245(j)]

1.1.6. General Provisions

1.1.6.1.

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

provisions

Applies to

citation

Subject of citation

subpart

Explanation

§60.1

General applicability of the

Yes

General Provisions

§60.2

Definitions

Yes

Additional terms defined in §60.4248.

§60.3

Units and abbreviations

Yes

§60.4

Address

Yes

§60.5

Determination of construction Yes

or modification

§60.6

Review of plans

Yes

§60.7

Notification and Recordkeeping Yes

Except that §60.7 only applies as specified in

§60.4245.

§60.8

Performance tests

Yes

Except that §60.8 only applies to owners and

operators who are subject to performance testing in

subpart JJJJ.

§60.9

Availability of information

Yes

§60.10

State Authority

Yes

§60.11

Compliance with standards and Yes

Requirements are specified in subpart JJJJ.

maintenance requirements

§60.12

Circumvention

Yes

§60.13

Monitoring requirements

§60.14

Modification

Yes

§60.15

Reconstruction

Yes

§60.16

Priority list

Yes

§60.17

Incorporations by reference

Yes

§60.18

General control device

requirements

§60.19

General notification and

Yes

reporting requirements

[40 CFR 60.4246]

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-GLYCalcTM

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

the corresponding temperature and pressure documented during collection of the

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

annually, if multiple gas samples are collected during a calendar year.

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

[The permittee has elected to model emissions according to alternative test method

ALT-147. The permittee shall adhere to the requirements of Subpart HH language as

written in their current permits with the exception that ProMax Version 5.0 or higher

will be used in place of GRI-GLYCalc for the specific provisions identified in the EPA

approval memo until receiving AQD approval to use a different method.]

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

Section IV – Appendix

Inspection Information

1.1. Driving Directions:

From the intersection of Hwy 550 and CR 213 (La Posta Road) travel north

approximately 3 miles and turn right at the Red Cedar mailbox. Travel down the hill and

the Bondad office is on the right.

1.2. Global Positioning System (GPS):

Latitude: 37.088111 °N

Longitude: -107.882944 °W

1.3. Safety Considerations:

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 also requires a permit to be issued prior to the performance of ay hot work at the

Bondad Compressor 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.