Mohegan
Tribal
Ordinance
2005­
VZ
The
Mohegan
Tribe
Tribal
Air
Program
Area
wide
NOx
Emission
Limitation
Regulation
Section
l.
Purpose.

The
purpose
of
this
Area
Wide
Limitation
for
NOx
(
AWL)
is
to
ensure
the
health,
economic,
esthetic
and
cultural
well­
being
of
all
people
present,
and
residing
upon,
the
Mohegan
Indian
Reservation
and
to
establish
a
federally
enforceable
limitation
on
NOx
emissions
from
specified
stationary
sources
.

Section
2.
Applicability.

These
rules
apply
to
all
stationary
sources
of
NOx
emissions
that:
directly
emit,
or
have
the
potential
to
emit,
NOx
via
fuel
combustion;
are
owned
or
operated
by
the
Mohegan
Tribal
Gaming
Authority;
generate
greater
than,
or
equal
to,
5
million
Btu/
hour;
and
are
located
within
the
external
boundaries
of
the
Tribe's
Reservation.

Section
3.
Definitions
.

For
purposes
of
this
Regulation,
the
terms
defined
in
the
Clean
Air
Act,
as
amended,
42
U.
S.
C.
Sections
7401
et
seq.,
and
its
implementing
federal
regulations
shall
apply
unless
otherwise
defined
or
noted
herein:

A.
"
Administrator"
shall
mean
the
Administrator
of
the
Mohegan
Environmental
Protection
Department.

B
.
"
Department"
shall
mean
the
Mohegan
Environmental
Protection
Department.

C.
"
Area
Wide"
or~"
Facility"
shall
mean
the
geographic
area
within
the
external
boundaries
of
the
Tribe's
Reservation
and
within
which
NOx
emission
units
owned
or
operated
by
the
Mohegan
Tribal
Gaming
Authority
are
located.

D.
"
Clean
Air
Act"
or
"
CAA"
shall
mean
the
federal
Clean
Air
Act,
as
amended,
42
USCA
Sections
7401
et
seq.

E.
"
Diesel
Generator,"
"
Life
Safety
Generator"
or
"
Emergency
Diesel
Generator"
shall
mean
diesel
generators
located
within
the
external
boundaries
of
the
Tribe's
Reservation,
owned
or
operated
by
the
Mohegan
Tribal
Gaming
Authority,
and
used
to
provide
power
1
in
the
event
of
an
emergency.
A
load
shaving
unit,
peaking
power
production
unit
or
a
standby
engine
in
an
energy
assistance
program
is
not
an
emergency
or
life
safety
generator
under
this
definition.

F.
"
Emergency"
means
any
situation
arising
from
sudden
and
reasonably
unforeseeable
events
beyond
the
control
of
the
MTGA
that
requires
immediate
and
unavoidable
corrective
action
to
restore
normal
operation
and
may
cause
area
wide
emissions
to
exceed
an
emission
limitation.
An
emergency
shall
not
include
any
noncompliance
arising
from
improperly
designed
equipment,
lack
of
preventative
maintenance,
careless
or
improper
operation,
operation
error,
or
a
decision
to
continue
operating
despite
knowledge
of
any
of
these
circumstances
.

G.
"
Emission
unit"
shall
mean
any
source
of
NOx
emissions
described
in
Section
2
and
to
which
this
Regulation
applies.

H.
"
Modification"
shall
mean
any
physical
change
or
change
in
the
method
of
operation
of
a
NOx
emission
unit,
including
but
not
limited
to
the
use
of
alternate
fuels
or
changes
to
associated
control
equipment,
resulting
in
the
increase
of
the
amount
of
NOx
emitted
into
the
atmosphere
by
such
unit.

I.
"
Mohegan
EPD"
or
"
MEPD"
shall
mean
the
Mohegan
Environmental
Protection
Department
established
pursuant
to
Mohegan
Tribal
Ordinance
No.
2002­
12
.

J.
"
Mohegan
Tribe"
or
"
Tribe"
shall
mean
The
Mohegan
Indian
Tribe
of
Indians
of
Connecticut,
recognized
by
the
United
States
government
on
March
15,
1994
(
59
FR
12140).

K.
"
Mohegan
Tribal
Gaming
Authority"
or
"
MTGA"
shall
mean
the
Tribal
entity
established
pursuant
to
Article
NM
of
the
Tribe's
Constitution
by
Tribal
Ordinance
95­
2
(
July
1995)
and
empowered
to
regulate
gaming,
including
all
associated
facilities,
on
tribal
lands.

L.
"
Tribal
Reservation"
or
"
Reservation"
shall
mean
all
land
within
the
exterior
boundaries
of
the
Mohegan
Tribe
Reservation.

M.
Tribal
Authority
Rule
or
"
TAR"
shall
mean
the
regulations
issued
by
the
USEPA
as
set
forth
in
the
Federal
Register
on
February
12,
1998
(
Volume
63,
Number
29,
Page
7253­
7274).
'

N.
"
USEPA"
shall
mean
the
United
States
Environmental
Protection
Agency.

Section
4.
Authority
to
Administer
Program.

A.
The
Tribe
has
the
authority
to
promulgate,
implement,
administer
and
enforce
this
Regulation
pursuant
to
the
Clean
Air
Act,
the
Tribal
Authority
Rule,
and
the
Tribe's
2
inherent
sovereign
authority
and
jurisdiction
over
its
land,
water
and
air
resources.
B.
The
Administrator
of
the
Mohegan
Environmental
Protection
Department
is
authorized
to
take
all
necessary
and
appropriate
steps
to
implement,
administer
and
enforce
the
requirements
of
this
Regulation.

Section
5.
Area
Wide
Limitation
for
NOx.

The
Diesel
Generators
shall
not
be
used
in
conjunction
with
any
voluntary
demand
reduction
program
(
e.
g.
electrical
demand
load
shedding
program).

B
.
The
MTGA
shall
submit
an
Air
Emissions
Inventory,
in
such
form
as
prescribed
by
the
Administrator,
to
the
Administrator
within
30
days
of
the
effective
date
of
this
Regulation.
Such
Inventory
shall
be
submitted
in
conformity
with
Section
9.
C.
i
of
this
Regulation.

C.
The
following
requirements
shall
apply
to
all
NOx
emission
units
and
associated
control
equipment:

i.
The
modification
or
installation
of
any
NOx
emission
unit
that
causes
the
total
NOx
emissions
in
any
12­
month
rolling
year
to
exceed
the
Area
Wide
Limitation
established
in
Section
5
.
E.
i
of
this
Regulation
is
prohibited.

ii
.
Prior
to
the
modification
of
any
NOx
emission
unit
identified
in
the
Air
Emissions
Inventory,
the
MTGA
shall
submit
a
written
request
to
the
Administrator
in
conformity
with
Section
9.
B.
iii
of
this
Regulation.
The
Administrator
shall
approve
a
request
for
modification
upon
finding
that
the
proposed
modification
will
not
cause
total
NOx
emissions
in
a
representative
set
of
12­
month
rolling
years
to
exceed
the
Area
Wide
Limitation
established
in
Section
5.
E.
i.

iii.
Prior
to
the
construction
or
installation
of
any
new
NOx
emission
unit
not
identified
in
the
Air
Emissions
Inventory,
the
MTGA
shall
submit
a
written
request
to
the
Administrator
in
conformity
with
Section
9.
B.
iv
of
this
Regulation.
The
Administrator
shall
approve
a
request
for
construction
or
installation
upon
finding
that
the
proposed
construction
or
installation
will
not
cause
total
NOx
emissions
in
a
representative
set
of
12­
month
rolling
years
to
exceed
the
Area
Wide
Limitation
established
in
Section
511
D.
The
total
NOx
emissions
from
NOx
emission
units
owned
or
operated
by
the
MTGA
shall
not
exceed
the
Area
Wide
Limitation
established
in
Section­
511
of
this
Regulation.

E.
Determination
of
the
Area
Wide
NOx
Emissions.

i.
The
Area
Wide
Limitation
for
NOx
emissions
shall
be
49
TPY
for
each
12­
month
rolling
year.
If
the
USEPA
issues
a
final
rulemaking
allowing
the
revision
of
3
major
source
thresholds
in
an
implementation
plan
to
correspond
to
the
Area's
classification
under
the
eight­
hour
ozone
National
Ambient
Air
Quality
Standards,
the
Area­
Wide
Limitation
for
NOx
emissions
shall
be
99
TPY
for
each
12­
month
rolling
year
on
and
after
the
date
on
which
such
rulemaking
is
effective
.

ii.
The
MTGA
shall
use
the
following
formulas
to
verify
compliance
with
the
Area
Wide
Limitation
:

Formula
#
1
NOx(
Boiler)

BG
BO
kgal
MMCF
NOx
EF*

Formula
#
2
NOx(
EGen)
Monthly
NOx
Emissions
from
Boilers­(
ton/
month)

=
[(
BG
*
NOx
EF)
+
(
BO
*
NOx
EF))
/
(
2000
Lb/
Ton)

=
Actual
boiler
natural
gas
usage
in
MMCF
per
month
=
Actual
boiler
fuel
oil
usage
in
kgal
per
month
=
1,000
gallons
of
fuel
oil
=
Million
cubic
feet
of
natural
gas
=
NOx
emissions
factor
for
boiler
firing
natural
gas
in
Lb/
MMCF
or
fuel
oil
in
Lb/
kgal
Monthly
NOx
Emissions
from
Emergency
Generators
(
EG)
(
ton/
month)

=
(
EGO
*
HVac,
el
*
Do;
ese,
*
NOx
EF)
/
(
2000
Lb/
Ton)

EGO
=
Actual
emergency
generator
fuel
oil
usage
in
gallons
per
month
HVDiesel
=
Heating
value
of
diesel
at
0.0193
MMBTU/
Lb
DDIese,
=
Density
of
diesel
at
7.1
Lb/
gallon
NOx
EF*

Formula
#
3
=
NOx
emissions
factor
for
EG
firing
diesel
fuel
in
Lb1MIvIBTU
Monthly
NOx
Emissions
from
Fuel
Cells
ton/
month)

NOx(
F
elcelq
=
(
FCG
*
NOx
EF)
/
(
2000
Lb/
Ton)

FCG
=
Actual
fuel
cell
natural
gas
usage
in
MMCF
per
month
NOx
EF*

Formula
#
4
NOx(
w.
d)
=
NOx
eniissions
factor
for
fuel
cell
using
iiatural
gas
in
Lb/
MMCF
Monthly
NOx
Emissions
from
Wood
Burning
Devices
(
tons/
month)

=
[(
CW)
*
(
2.85
tons/
cord)
*
NOx
EFJ
/
(
2000
Lb/
Ton)

CW
=
Actual
wood
usage
in
cords
of
dry
wood
burned
per
month
NOx
EF
=
NOx
emissions
factor
for
device
burning
wood
at
2.8
Lb/
ton
Formula
#
5
Monthly
Area
Wide
NOx
Emissions
(
tons/
month)
NOX(
Montfily)=
[
NOX(
Boilerl
+
2
+
.
.
n)
+
NOX(
EGen
I
+
2
+
.
.
.
n)
+
NOX(
FueICeIlI
+
2
+
.
.
.
n)
'
f"
NOX(
wood)
J
Formula
#
6
Area
Wide
NOx
Emissions
for
12­
Month
Rolling
Year
NOX(
Facility)
=
[
Sum
of
NOx(
Mo
thly)
from
the
current
and
previous
11
months]

*
See
Section
5.
E.
iii
for
the
appropriate
NOx
emissions
factor.

Ill
.
Within
30
days
of
the
effective
date
of
this
Regulation,
the
MTGA
shall
submit
to
the
Administrator
a
proposed
list
of
NOx
emission
factors
for
each
NOx
emission
unit
covered
by
this
Regulation.
The
Administrator
shall
approve
this
proposed
list,
and
subsequent
requests
to
revise
emission
factors,
only
if
each
factor
is
based
on
emissions
rates
determined
on
the
basis
of
the
following
data.

a.
Data
from
continuous
emissions
monitoring
equipment
that
is
installed,
operated,
and
certified
in
accordance
with
40
CFR
Part
60;
or
b.
If
continuous
emissions
monitoring
data
are
unavailable,
then
data
from
stack
testing
conducted
in
accordance
with
Sections
7.
A
­
7.
D;
or,

c.
If
continuous
emissions
monitoring
and
stack
testing
data
are
unavailable,
data
supplied
by
the
manufacturer
of
the
subject
emissions
unit,
but
only
if
the
data
were
derived
from
USEPA­
approved
emissions
testing
of
such
unit
performed
by
or
for
the
manufacturer;
or
d.
If
none
of
the
data
described
above
are
available,
data
from
"
Compilation
of
Air
Pollutant
Emission
Factors
(
AP­
42)"
published
by
the
USEPA.

iv.
NOx
emissions
from
all
emission
units
operated
by
the
MTGA
shall
be
calculated
on
a
monthly
basis
according
to
the
method
specified
in
Section
5.
E.
ii.
The
results
of
these
calculations
shall
be
included
in
the
Monthly
Report,
in
conformity
with
Section
9.
D.
i
of
this
Regulation.

v.
The
Area
Wide
NOx
emissions
from
all
emission
units
operated
by
the
MTGA
shall
be
calculated
on
a
12­
month
rolling
basis
according
to
the
method
specified
in
Section
5.
E.
ii.

vi.
The
MTGA
shall
submit
a
Quarterly
Report
of
the
monthly
emission
totals
to
the
Administrator
in
conformity
with
Section
9.
C.
ii
of
this
Regulation.

Section
6.
Compliance
with
Clean
Air
Act
New
Source
Performance
Standards,
40
C.
F.
R.
Part
60,
Subpart
Dc.

Pursuant
to
its
authority
under
the
Clean
Air
Act
and
40
C.
F.
R.
Section
60.13(
i),
on
January
2,

5
2001,
the
USEPA
granted
a
waiver
of
the
federal
requirement
that
individual
fuel
meters
must
be
used
for
monitoring
each
boiler
(
40
CFR
Section
60.48c(
g))
.
This
waiver
is
attached
to
this
Regulation
and
incorporated
herein
by
reference
.

Section
7.
Testing
A.
An
initial
stack
test
shall
be
performed
by
the
MTGA
on
NOx
emission
units
(
1)
within
90
days
of
the
effective
date
of
this
regulation
for
each
existing
NOx
emission
unit
(
if
not
previously
performed)
and
(
2)
within
90
days
of
the
initial
start­
up
of
a
NOx
emission
unit
not
identified
in
the
Air
Emissions
Inventory
required
by
Section
5.13;

B
.
A
periodic
stack
test
shall
be
performed
on
each
NOx
emission
unit
every
three
years
after
the
date
of
the
initial
stack
test.
The
periodic
stack
test
requirement
is
waived
for
emission
units
equipped
with
a
CEMS
satisfying
the
requirements
of
40
CFR
60
Subpart
A.

C.
The
MEPD
or
the
USEPA
may
require
additional
stack
testing
.

D.
Before
conducting
any
stack
testing
described
in
Section
7,
the
MTGA
shall:

i.
Submit
to
the
Administrator
and
the
USEPA
a
notice
of
intent
to
test,
containing
the
items
enumerated
in
Section
9.
B.
ii
of
this
Regulation,
at
least
60
days
prior
to
the
anticipated
test
date.

ii.
Conduct
compliance
stack
testing
in
accordance
with
procedures
set
forth
in
Appendix
A
of
40
CFR
part
60
or
another
method
approved
by
the
Administrator
and
the
USEPA.

iii.
Submit
the
emission
test
report
to
the
Administrator
and
the
USEPA
within
60
days
of
the
completion
of
the
compliance
stack
testing,
in
conformity
with
Section
9.
C.
iv
.

E.
The
MTGA
shall
perform
an
inspection
and
maintenance
on
each
NOx
emission
unit
in
accordance
with
the
manufacturer's
requirements
and
test
each
unit
for
efficient
operation
at
least
once
each
calendar
year.
The
results
of
said
testing
and
the
dates
upon
which
it
was
performed
shall
be
recorded
in
conformity
with
Section
9.
D.
iv.
of
this
Regulation
.

Section
8.
Monitoring
A.
Upon
completion
of
any
initial
stack
tests,
and
prior
to
the
operation
of
any
NOx
emission
unit,
the
MTGA
shall
install
an
automatic
data
acquisition
and
reporting
system
to
track
and
record
fuel
use
and
to
calculate
air
emissions
from
all
existing
and
planned
NOx
emission
units.
This
automatic
data
acquisition
and
reporting
system
shall
operate
continuously.
The
data
and
acquisition
system
shall
be
calibrated,
inspected
and
6
maintained
by
MTGA
in
accordance
with
the
manufacturer's
and/
or
the
supplier's
recommendations.

B.
Upon
completion
of
testing,
and
prior
to
the
operation
of
any
NOx
emission
unit,
the
MTGA
shall
install,
at
the
fuel
inlet
line
for
each
such
unit,
a
gas
flow
meter
or
an
oil
flow
meter.
If
the
NOx
emission
unit
can
bum
both
gas
and
oil,
the
MTGA
shall
install
both
a
gas
and
an
oil
flow
meter
on
that
unit.
If
a
return
flow
fuel
nozzle
is
installed
on
the
unit,
a
supply
and
return
flow
meter
shall
also
be
installed
on
that
unit.

C.
The
MTGA
shall
install
an
automatic
energy
tracking
and
control
system
.
This
energy
tracking
and
control
system
shall
track
fuel
use
data,
calculate
part­
load
efficiencies
for
each
boiler
and
boiler
combination,
and
identify
the
optimum
boiler
selection
to
reduce
fuel
use
and
emissions.
The
energy
tracking
and
control
system
shall
operate
continuously
.
Prior
to
operating
any
NOx
emission
unit,
the
MTGA
shall
ensure
such
unit
is
connected
to
the
automatic
energy
tracking
and
control
system.

D.
The
MTGA
shall
install
and
operate
automated
boiler
plant
controls
on
the
energy
tracking
and
control
system
described
in
Section
8.
C.
of
this
Regulation.
Such
automatic
controls
shall
be
programmed
to
select
and
maintain
optimum
boiler
operation
combinations
in
order
to
minimize
NOx
emissions.
Prior
to
operating
any
NOx
emission
unit,
the
MTGA
shall
ensure
such
unit
is
connected
to
the
automated
boiler
plant
controls
of
the
energy
tracking
and
control
system
E.
The
energy
tracking
and
control
system
described
in
Sections
8.
C.
and
D.
of
this
Regulation
shall
track
and
record
information
in
conformity
with
Section
9.
D.
iii.
of
this
Regulation.

F.
Flue
gas
oxygen
sensors
shall
be
installed
on
each
boiler
and
monitored
continuously.

Section
9.
Recordkeeping
and
Reporting
Requirements.

The
MTGA
shall
follow
the
reporting
and
record
keeping
requirements
related
to
this
Regulation
as
follows:

A.
.
Verbal
Notification
by
MTGA
to
Administrator:

i.
If
one
or
more
diesel
generators
cumulatively
operate(
s)
more
than
24
hours,
the
MTGA
shall
verbally
notify
the
Administrator
within
4
hours.
This
verbal
notification
must
be
followed­
up
with
written
notification
within
two
business
days
to
the
Administrator
of
such
event.

ii.
If,
during
stack
testing
conducted
pursuant
to
Section
7
of
this
Regulation,
there
are
any
changes
in
the
emissions
factors
for
the
fuel
combustion
sources
and
7
combustion
efficiencies
for
each
boiler,
the
MTGA
shall
verbally
notify
the
Administrator
within
24
hours.
This
verbal
notification
must
be
followed­
up
with
written
notification
within
two
business
days
to
the
Administrator
of
such
event.

B
.
Written
Notification
by
MTGA
to
Administrator
:

i.
In
any
month
that
Area
Wide
NOx
Emissions
for
the
associated
12­
month
rolling
year
(
NOx(
Am
Wide))
exceeds
the
Area
Wide
Limitation
established
in
Section
5.
E.
i,
the
MTGA
shall
notify
the
Administrator,
in
writing,
within
15
days
of
the
end
of
that
month.

ii
.
At
least
60
days
prior
to
any
scheduled
Performance
Testing
of
the
NOx
emission
units
required
under
Section
7
of
this
Regulation,
the
MTGA
shall
submit
to
the
Administrator
and
the
USEPA
a
notice
of
intent
to
test.
Such
notice
shall
contain
the
test
protocol/
test
methodology
to
be
utilized
by
the
MTGA
and
all
relevant
information
pertinent
to
conducting
such
performance
testing.
(
See
Section
7.
D)
.

iii.
Prior
to
the
modification
of
any
existing
NOx
emission
unit,
including
the
use
of
any
alternate
fuel
other
than
natural
gas
or
fuel
oil,
the
MTGA
shall
submit
a
written
request
for
review
and
approval
by
the
Administrator
of
such
modification.
The
written
request
shall
contain
a
detailed
description
of
the
nature
of
the
proposed
modification,
a
description
of
the
potential
effect
of
the
modification
on
the
NOx
emissions
of
the
unit,
the
scheduled
completion
date
of
the
modification
and
date
of
return
to
on­
line
status
of
the
unit,
and
any
other
supporting
documentation
showing
that
the
proposed
modification
meets
all
applicable
tribal
and
federal
requirements
.
(
See
Section
5.
C.
ii).

iv.
Prior
to
the
construction
or
installation
of
any
new
NOx
emission
unit,
the
MTGA
shall
submit
a
written
request
for
review
and
approval
by
the
Administrator
of
such
construction
or
installation.
The
request
shall
contain
a
detailed
description
of
the
proposed
construction
or
installation
showing
the
potential
effect
on
total
NOx
emissions
and
showing
that
the
addition
of
such
NOx
emission
unit
meets
all
applicable
tribal
and
federal
requirements.
(
See
Section
5.
C.
iii).

v.
If
the
MTGA,
based
on
the
results
of
performance
testing,
wishes
to
revise
the
NOx
emissions
factors
approved
of
in
Section
5.
E.
iii;
the
MTGA
shall
submit
a
request
to
the
Administrator.
The
Administrator
shall
provide
the
MTGA
with
the
necessary
paperwork,
including
the
required
documentation
necessary
for
submission
of
such
request.
Upon
completion
of
a11
necessary
documentation,
the
Administrator
shall
review
the
request
for
approval.
The
Administrator
shall
approve
NOx
emissions
factors
only
if
each
factor
is
based
on
emission
rates
determined
in
accordance
with
Section
5.
E.
iii.

C.
Required
Reports
from
MTGA
to
Administrator:

8
i
.
Air
Emissions
Inventory­
The
MTGA
shall
submit
such
inventory
within
30
days
of
the
effective
date
of
this
Regulation.
The
inventory
shall
identify
each
existing
NOx
emission
unit
and,
for
each
existing
unit,
the
yearly
and
monthly
emissions
of
(
1)
NOx,
(
2)
particulate
matter
(
PM),
(
3)
volatile
organic
compounds,
and
(
4)
carbon
monoxide.
(
See
Section
5.
B.)

ii
.
Quarterly
NOx
Emissions
Report­
The
MTGA
shall
submit
a
quarterly
report
containing
the
previous
3
months'
Monthly
Reports,
as
described
in
Section
9.
D.
i
of
this
Regulation,
due
no
later
than
30
calendar
days
following
the
end
of
each
calendar
quarter
.
(
See
Section
5
.
E.
vi
and
Section
9.
D.
i)

iii.
Quarterly
NSPS
Report
­
If
the
MTGA
switches
.
fuel
types
from
natural
gas
to
distillate
oil
in
any
boiler
monitored
by
the
alternate
plan
in
lieu
of
40
C.
F.
R.
Section
60.48c(
g)
[
individual
fuel
meters
on
each
boiler],
the
MTGA
shall
submit
quarterly
reports
to
the
Administrator
of
fuel
sulfur
content
in
accordance
with
40
CFR
Sections
60.48c(
e)(
11)
and
60.48c(
f)(
1).
(
See
Section
6.)

iv.
Performance
Testing
Report­
If
the
MTGA
conducts
stack
testing
pursuant
to
Section
7
of
this
Regulation,
the
Combustion
and
Emissions
Test
Forms
and
the
Summary
Reports
shall
be
sent
to
the
Administrator
within
48
hours
of
completing
the
tests.
The
Summary
Report
shall
include
the
test
equipment
used,
most
recent
calibration
test
results,
a11
Combustion
and
Emissions
Test
Forms,
and
narratives
describing
test
procedures
and
observations
.
The
final
emission
test
report
shall
be
submitted
to
the
Administrator
and
the
USEPA
within
60
days
of
the
completion
of
stack
testing.

D.
Records
to
be
Maintained
by
the
MTGA:

i.
The
Monthly
Report
shall
contain
the
following
information:

a.
The
Area
Wide
NOx
Emissions
for
the
12­
month
rolling
year
(
NOx(
F.
jury))
;
b.
The
total
monthly
natural
gas
consumption
in
each
Boiler
and
Fuel
Cell
(
in
MMCF
per
month)
;
c.
The
total
monthly
number
two
fuel
oil
consumption
in
each
Boiler
(
in
gallons
per
month)
;
d.
The
total
monthly
NOx
emissions
from
each
NOx
emission
unit
calculated
in
accordance
with
Formula
#
1=
NOx(
Bo;
ta),
Formula
#
2=
NOx(&
m.,
O
)
;
Formula
#
3=
NOx(
F,
elcaiq,
and
Formula
#
4=
NOx(,.
omb
n,
i,
g);
e.
The
monthly
actual
fuel
use
for
the
diesel
generators;
and
f.
The
running
totals
of
Section
D.
i.
b.­
e.,
above,
for
the
previous
12­
month
rolling
year.
ii
.
The
Combustion
and
Emissions
Test
Forms
and
Summary
Reports
created
during
performance
testing
shall
be
made
available
for
inspection
and
securely
stored
for
a
period
of
at
least
five
years
by
the
MTGA.
(
See
Section
9.
C.
iv)
.

iii.
The
MTGA
shall
track
and
record,
as
part
of
the
Energy
Tracking
and
Control
System
that
shall
operate
continuously,
the
following
information
:

a.
Natural
Gas
Use
by
each
Boiler;
b.
Fuel
Oil
use
by
each
Boiler;
c.
Fuel
Use
by
Fuel
Cells;
d.
Thermal
Output
from
Fuel
Cells;
and
e.
Outdoor
Air
Temperature.

iv.
The
MTGA
shall
record
the
dates
and
results
of
the
inspection
and
maintenance
conducted
on
each
NOx
emission
unit
in
accordance
with
the
manufacturer's
requirements.
These
records
shall
be
made
available
for
inspection
and
securely
stored
for
a
period
of
at
least
five
years
by
the
MTGA.
(
See
Section
7.
E).

v.
Daily
Records­
The
MTGA
shall
maintain
a
record
of
the
following
information
on
a
24­
hour
calendar
day
basis:

a.
The
total
daily
natural
gas
consumption
in
each
Boiler.
(
in
MMCF
per
day);
b.
The
total
daily
number
2
fuel
oil
consumption
in
each
Boiler
(
in
gallons
per
day);
c.
All
data
recorded
by
the
energy
tracking
and
control
system
described
in
Section
9.
D.
iii
of
this
Regulation;
d.
The
running
totals
of
the
amounts
specified
in
Section
9.
D.
iii.
a­
c
for
the
previous
calendar
month.

E.
If
the
MTGA
uses
the
alternate
monitoring
plan
described
in
Section
6
in
lieu
of
the
requirements
of
40
CFR
Section
60.48c(
g)
[
individual
fuel
meters
on
each
boiler],
the
MTGA
shall
record,
on
a
daily
basis,
the
information
below.

i.
The
MTGA
shall
record
the
total
natural
gas
usage
daily
from
a
single
meter
and
will
monitor
and
record
on
a
daily
basis
the
amount
of
feedwater
flow
to
each
boiler
.
The
total
fuel
use
and
feedwater
flow
to
each
boiler
shall
be
recorded
each
day
on
boiler
log
sheets.
If
#
2
fuel
oil
is
combusted
in
any
or
all
of
the
boilers
a
separate
fuel
metering
system
shall
be
used
and
the
same
formula
shall
be
used
to
determine
the
daily
fuel
use
for
each
boiler.
The
following
formula
shall
be
used
to
allocate
the
total
natural
gas,
or
#
2
fuel
oil,
used
by
each
boiler:

Boiler
#
gas
use
=
daily
gas
use
x
feedwater
to
boiler
#
/
feedwater
to
all
boilers.

10
This
equation
will
be
used
for
all
40
CFR
60
Subpart
Dc
boilers
operated
by
MTGA
.
The
total
fuel
use
and
feedwater
flow
to
each
boiler
will
be
recorded
each
day
on
boiler
log
sheets
.
If
#
2
fuel
oil
is
combusted
in
any
or
all
of
the
boilers,
a
separate
fuel
metering
system
shall
be
used
and
the
same
formula
shall
be
used
to
determine
the
daily
fuel
use
for
each
boiler
.

ii.
If
during
the
use
of
the
alternate
monitoring
plan,
the
MTGA
uses
any
fuel
other
than
natural
gas
or
low
sulfur
distillate
fuel
oil
in
the
40
CFR
60
Subpart
Dc
boilers,
the
MTGA
shall
measure
and
record
the
fuel
usage
on
a
daily
basis
for
each
source.

iii.
If
during
the
use
of
the
alternate
monitoring
plan,
the
MTGA
switches
fuel
types
from
natural
gas
to
distillate
oil,
the
MTGA.
shall
record
fuel
sulfur
content
in
accordance
with
NSPS
Subpart
Dc
at
Sections
60.42c(
h)(
1)
and
60.44c(
h)
.

F.
The
Administrator
may,
with
sixty
(
60)
days
written
notice,
require
the
MTGA
to
monitor,
record
and
report
information
in
addition
to
those
noted
in
this
Regulation
that
the
Administrator
deems
necessary
to
assure
compliance
with
this
Regulation
and
to
protect
human
health,
the
environment,
and
the
best
interests
of
the
Tribe.
Such
notice
to
the
MTGA
may
be
less
than
sixty
(
60)
days,
if
the
Administrator
determines
that
it
is
reasonable
to
obtain
such
information
in
less
than
60
days.

G.
All
records
and
reports
required
by
this
Regulation
shall
be
securely
maintained
for
a
period
of
at
least
5
years
and
shall
be
made
available
for
inspection
by
the
Administrator
or
USEPA
and
shall
not
be
discarded
after
5
years
without
prior
approval
of
the
Administrator.

Section
10.
Inspections.

MEPD
employees
or
USEPA
are
authorized
to
enter
any
building
or
structure
within
the
exterior
boundaries
of
the
Reservation
for
the
purpose
of
inspecting
any
air
pollution
source,
investigate
any
condition
it,
believes
may
be
causing
air
pollution,
or
to
examine
any
records
required
to
be
maintained
by
tis
Regulation
or
other
directive
by
the
Administrator.

Section
11.
Enforcement.

A.
The
Administrator
is
hereby
authorized
to
enforce
this
Regulation
as
specified
below:

i.
Judicial
Enforcement
a.
The
Administrator
may
issue
a
citation
to
any
person
that
the
Administrator
reasonably
believes
to
have
violated
the
requirements
of
this
Regulation.

11
b.
A
citation
shall
require
the
person
cited
to
appear
before
the
Gaming
Disputes
Court
on
a
date
specified
for
a
hearing
on
the
violation
charged
in
the
citation.

c.
The
date
for
the
required
appearance
shall
be
at
least
five
(
5)
days
and
no
more
that
sixty
(
60)
days
from
the
date
of
the
citation,
unless
the
.
Administrator
and
the
person
cited
agree
to
another
date
or
settle
the
matter,
and
so
inform
the
Gaming
Disputes
Court.

d.
The
Administrator
is
authorized
to
propose
a
settlement
of
the
violation
alleged
in
the
citation.
Such
settlement
(
1)
may
consist
of
a
monetary
civil
penalty
and
other
reasonable
terms
proposed
by
the
Administrator
that
are
in
the
best
interest
of
the
Tribe
and
the
environment
and
(
2)
shall
assure
compliance
with
this
regulation.

e.
At
any
hearing
before
the
Gaming
Disputes
Court,
pursuant
to
this
Section,
the
Administrator,
or
his
or
her
designee,
shall
present
evidence
establishing
the
alleged
violation
of
this
Regulation
and
shall
propose
a
judicial
order
specifying
a
certain
civil
penalty
and/
or
injunctive
relief.

f.
At
any
hearing
before
the
Gaming
Disputes
Court,
pursuant
to
this
Section,
the
alleged
violator
shall
be
given
an
opportunity
to
be
heard,
to
present
witnesses,
and
to
examine
the
Administrator
and
any
witnesses
presented
by
the
Administrator
.

9­
If,
after
hearing,
the
Gaming
Disputes
Court
finds
that
a
violation
has
in
fact
occurred,
it
may
issue
a
judicial
order
for
(
a)
the
assessment
of
civil
penalties
and/
or
(
b)
appropriate
injunctive
relief.

h.
Cease
and
Desist
Orders
.

(
i)
Whenever,
on
the
basis
of
any
information
available
to
the
­
Administrator,
the
Administrator
reasonably
believes
that
an
individual
is
in
violation
of
any
requirement
or
prohibition
of
this
Regulation
and
that
the
continuing
violation
constitutes
a
serious
and
imminent
threat
to
the
environment
or
human
health,
safety,
and
welfare;
the
Administrator
may
petition,
with
contemporaneous
notice
to
an
alleged
violator,
the
Gaming
Disputes
Court
for
a
cease
and
desist
order.

(
ii)
The
Gaming
Disputes
Court
may
issue
a
cease
and
desist
order
if
it
finds
that
the
continuing
violation
does
constitute
a
serious
and
i
imminent
threat
to
the
environment
or
human
health,
safety,
and
welfare.

12
(
iii)
The
cease
and
desist
order
shall
require
immediate
compliance
with
this
Regulation
and
notify
the
alleged
violator
of
his
right
to
appeal
the
order
to
the
Gaming
Disputes
Court
of
Appeals
.

(
iv)
The
issuance
of
a
compliance
order
shall
not
prevent
the
Tribe
from
seeking
judicial
relief
pursuant
to
Section
11
.
A.
i
above
or
undertaking
any
other
enforcement
actions
described
in
this
section
.

i.
Any
person
aggrieved
by
any
judicial
order
issued
by
the
Gaming
Disputes
Court
pursuant
to
this
Section
may
appeal
such
order
to
the
Gaming
Disputes
Court
of
Appeals.

ii.
General
Provisions
a.
The
Administrator,
may,
in
his
or
her
discretion,
refer
alleged
violations
to
the
USEPA
for
either
civil
or
criminal
enforcement.

b.
The
Administrator
is
authorized
to
establish
a
schedule
of
civil
penalties
to
be
assessed
for
violations
of
this
Regulation,
subject
to
approval
by
Tribal
Council.

c.
The
Mohegan
Tribal
Police
Department
shall
assist
the
Administrator,
upon
request,
to
deliver
and
enforce
a
cease
and
desist
order
or
any
order
issued
by
the
Gaming
Disputes
Court
pursuant
to
Section
11
of
this
Regulation.

Section
12.
Public
Notice.

The
Administrator
shall
take
appropriate
steps
to
notify
the
MTGA
regarding
the
requirements
of
this
Regulation
and
any
other
preliminary
and
final
actions
taken
that
directly
affect
consultants,
agents
or
employees
of
the
MTGA.

Section
13.
Severability
Clause
If
any
provision
of
this
Regulation
or
the
application
thereof
to
any
person
or
circumstance
is
held
invalid,
the
invalidity
shall
not
affect
other
provisions
or
applications
of
the
Regulation
­
which
can
be
given
effect
without
the
invalid
provisions
or
application,
and,
to
this
end,
the
provisions
of
this
Regulation
are
severable.

Section
14.
Effective
Date.

This
Regulation
is
effective
upon
enactment
by
the
Mohegan
Tribal
Council
and
upon
adoption
13
of
this
Regulation
by
the
Management
Board
of
the
Mohegan
Tribal
Gaming
Authority.

Dated
this
a1
~'/*
day
of
Attest:
'
,
2005
at
Uncasville,
Connecticut
S
Shirley
M.
Walsh
~
Recording
Secretary
