                                       

United States Environmental Protection Agency    
Region 8
Air and Radiation Division
1595 Wynkoop Street
Denver, Colorado  80202


                                       
                                       
                    Air Pollution Control Permit to Operate
              Title V Operating Permit Program at 40 CFR Part 71

In accordance with the provisions of Title V of the Clean Air Act (CAA) and the Title V Operating Permit Program at 40 CFR part 71 (Part 71) and applicable rules and regulations,

                                Wexpro Company
                           Island Compressor Station

is authorized to operate air emission units and to conduct other air pollutant emitting activities in accordance with the permit conditions listed in this permit. 

This source is authorized to operate at the following location:

On Indian country lands within the exterior boundaries of Uintah and Ouray Indian Reservation 
                   Latitude 39.960006, Longitude -109.717009
                 NE/SW Sec. 7, T10S, R20E, Uintah County, Utah

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 EPA and citizens under the CAA.













Debra Thomas
Deputy Regional Administrator
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
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                    Air Pollution Control Permit to Operate
              Title V Operating Permit Program at 40 CFR Part 71
                                       
                                       
                                Wexpro Company 
                           Island Compressor Station
                                       
Permit Number:  V-UO-000011-2018.00	Issue Date:  April 23, 2020		
Replaces Permit No.:  V-UO-000011-2006.00	Effective Date:  May 23, 2020
                                          Expiration Date:  May 23, 2025

The permit number cited above should be referenced in future correspondence regarding this facility.

Table 1.  Part 71 Permitting History
                                Date of Action
                                 Permit Number
                                Type of Action
                             Description of Action

December 2, 2013

V-UO-000011-2006.00

Initial Permit

N/A
May 23, 2020
V-UO-000011-2018.00
Renewal Permit
N/A
                                       

                                       
                               Table of Contents
                                       
I.  Facility Information and Emission Unit Identification	1
A. Facility Information	1
B.  Facility Emissions Points	2
II.  Standards of Performance for Stationary Spark Ignition Internal Combustion Engines -  40 CFR Part 60, Subpart JJJJ	3
A. Applicability	3
B.  General Provisions	3
C.  Emissions Standards	3
D.  Compliance Requirements	3
E.  Testing Requirements	4
F.  Notification, Reports and Records	4
III.  National Emission Standards for Hazardous Air Pollutants From Oil and Natural Gas Production Facilities  -  40 CFR Part 63, Subpart HH	4
A.  Applicability	4
B.  General Standards	5
C.  Glycol Dehydration Unit Process Vent Standards	5
D.  Control Equipment Requirements	6
E.  Test Methods, Compliance Procedures and Compliance Determination Requirements	6
F.  Inspection and Monitoring Requirements	7
G.  Recordkeeping Requirements	7
H.  Reporting Requirements	7
IV.  National Emissions Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines - 40 CFR Part 63, Subpart ZZZZ	8
A.  Applicability	8
B.  General Provisions	8
C.  Emissions and Operating Limitations	8
D.  Testing and Initial Compliance Requirements	9
E.  Continuous Compliance Requirements	10
F.  Notification, Reports and Records	10
V.  standards of performance for crude oil and natural gas facilities for which construction, modification or reconstruction is commenced after september 18, 2015  -  40 cfr part 60, subpart ooooa	10
A.  Applicability	10
B.  General Compliance Requirements	10
C.  Applicable Standards for Reciprocating Compressor Affected Facilities 	11
D.  Applicable Standards for the Collection of Fugitive Emissions Components at A Compressor Station	
E.  Initial Compliance Requirements for Reciprocating Compressor and Fugitive Emission Components at affected Facilities	6
F.  Continuous Compliance Requirements for Reciprocating Compressor and Fugitive Emission Components Affected Facilities	7
G.  Reporting and Recordkeeping Requirements	7
H.  General Standards	7
  
  
Vi.  Requirements of Consent Decree Case No. 2:08-CV-00167-TS-PMV	10
A.  Applicability	10
B.  Requirements for the Glycol Dehydrator	10
C.  Requirements for the Condensate Storage Tanks	11
D.  Requirements for RICE	11
VIi.  Facility-Wide Requirements	12
A.  Recordkeeping Requirements	13
B.  Reporting Requirements	13
VIIi.  General Provisions	14
A.  Annual Fee Payment	14
B.  Annual Emissions Inventory	16
C.  Compliance Requirements	167
D.  Duty to Provide and Supplement Information	18
E.  Submissions	18
F.  Severability Clause	19
G.  Permit Actions	19
H.  Administrative Permit Amendments	19
I.  Minor Permit Modifications	20
J.  Significant Permit Modifications	21
K.  Reopening for Cause	21
L.  Property Rights	22
M.  Inspection and Entry	22
N.  Transfer of Ownership or Operation	22
O.  Off Permit Changes	22
P.  Permit Expiration and Renewal	23
Appendix A -  Consent Decree Case No. 2:08-CV-00167-TS-PMV
	








                                       
	
 Facility Information and Emission Unit Identification

 Facility Information

Parent Company Name:	Wexpro Company 

Plant Operator & Name:	Wexpro Company, Island Compressor Station

Plant Location:	Latitude 39.960006, Longitude -109.717009

Region:	8			

State:	Utah		

County:	Uintah

Reservation:	Uintah and Ouray Indian Reservation

Tribe:	Ute Indian Tribe

Responsible Official:		Vice President and General Manager

SIC Code:			1311  -  Crude Petroleum and Natural Gas

Description:

Island receives a comingled stream containing natural gas, condensate and produced water flows from surrounding well sites via pipelines into Island. The natural gas and condensate undergo a natural separation process in the inlet separator that separates natural gas from the natural gas condensate. The natural gas condensate is routed to two 400 barrel condensate tanks (Emissions Unit T-1 and T-2 in Table 2 below) and produced water is periodically drained into the 210 barrel produced water tank (Emissions Unit T-5 in Table 2 below). Vapor from the tanks is routed to a combustor (Emissions Unit C-1 in Table 2 below). The natural gas is routed to the compressor (Emissions Unit C100 in Table 2 below) where it is compressed from field pressure to approximately 1,000 pound per square inch gauge (psig). The compressed natural gas flows through a discharge cooler to cool it to 120° F into the triethylene glycol (TEG) dehydrator (Emissions Unit D-1 in Table 2 below) to remove water to meet pipeline specifications. The dehydrated natural gas is routed to the natural gas sales pipeline. The rich TEG exits the contactor and is depressurized in a TEG flash tank. The emissions from the flash tank are routed to control devices (Emissions Units C-1 and FL-2 in Table 2 below). The depressurized TEG is routed to and regenerated using heat in a vessel called a glycol reboiler. The regenerated lean TEG is circulated back to the contactor. The natural gas condensate and produced water are transported off site by tanker trucks. There are fugitive emissions associated with the potential seeping of natural gas from connections, seals, flanges and valves. Natural gas is utilized on site for energizing pneumatic equipment like pumps and controllers.


 Facility Emissions Points

Table 2.  Emissions Units and Emissions Generating Activities
                                       
                                  Unit I.D.  
                                       
                  Description (acronyms defined below table)
                                       
                               Control Equipment
                                     C100
                                       
                                       
                                       
                                       
Waukesha 7042GSI; 1,680 
4-Stroke Rich-Burn (4SRB) RICE
Natural Gas-Fired

Serial No. WAU-145285		Installed:  08/19/2021
				Manufactured:  07/2021
                                      AFR
                                      and
                                     NSCR
                                     GEN3

Caterpillar G3306B; 177 hp
4SRB RICE 
Natural Gas-Fired

Serial No. BC800104			Installed:  11/9/2018
				 Manufactured:  9/22/2014
                                      AFR
                                      and
                                     NSCR
                                     
D-1
15 MMscfd TEG Dehydrator
                                 Flare (FL-1)
                               (Combustor, C-1)
                                      R-1
0.25 MMBtu/hr TEG Reboiler
                                  None 
(IEU)
                                      T-1
                                      T-2
400 bbl Condensate Tanks with 4,000 bbls per Year Annual Condensate Throughput
                                Combustor (C-1)
                                      GP
Gas-driven Pump
                                  None 
(IEU)
                                       
                                       
                                      T-3
                                      T-4
                                      T-5
                                      T-6
                                      T-7
                                      T-8
                                      T-9
Miscellaneous Chemical Storage Tanks

100 bbl Knockout Tank
100 bbl Distillate Tank
210 bbl Produced Water Tank
12 bbl New TEG Tank
12 bbl Used TEG Tank
12 bbl New Lube Oil Tank
12 bbl Used Lube Oil Tank 
                                  None 
(IEU)
                                      LO
Truck Loadout
                                  None 
(IEU)
                                      EL
Equipment Leaks
                                     None
                                     (IEU)
                                      ESD
Emergency Shutdowns
                                     None
                                     (IEU)
                                      ES
Engine Start-ups
                                     None
                                     (IEU)
                                      CB
Compressor Blowdowns
                                     None
                                     (IEU)
                                     FL-1
Elevated Open-Flame Flare with 53 scf/hr Pilot Flow Rate and 0.06 MMBtu/hr Flare Heat Input
                                     None
                                      C-1
Enclosed Combustor with 17 scf/hr Pilot Flow Rate and 0.02 MMBtu/hr Flare Heat Input
                                     None
hp = horsepower; bbl = barrel; MMscfd = million standard cubic feet per day; MMBtu = million British thermal units; TEG = tri ethylene glycol; AFR = air-to-fuel ratio controller; NSCR = non-selective catalytic reduction; IEU = insignificant emissions unit; RICE = reciprocating internal combustion engine.





 Standards of Performance for Stationary Spark Ignition Internal Combustion Engines -           40 CFR Part 60, Subpart JJJJ

 Applicability [40 CFR 60.4230]
      
1.	40 CFR part 60, subpart JJJJ applies to the following emissions unit:

 Caterpillar G3306B 4SRB RICE identified as GEN3 in Table 2 of this permit; and
 Waukesha L7042GS 4SRB RICE identified as C200 in Table 2 of this permit

2.	Notwithstanding conditions in this permit, the Permittee shall comply with all applicable requirements of 40 CFR part 60, subpart JJJJ.

 General Provisions [40 CFR 60.4246]
      
1.	The Facility is subject to the requirements of 40 CFR part 60, subpart A  -  General Provisions as specified in Table 3 of 40 CFR part 60, subpart JJJJ. Notwithstanding conditions in this permit, the Permittee shall comply with all applicable requirements of 40 CFR part 60, subpart A.  
            
2.	All reports required under 40 CFR part 60, subpart A shall be sent to the EPA at the following address as listed in §60.4:
            
      Branch Chief, Air and Toxics Enforcement Branch, 8ENF-AT 
      Enforcement and Compliance Assurance Division
      U.S. Environmental Protection Agency, Region 8
      1595 Wynkoop Street
      Denver, Colorado  80202 - 1129
            
      Reports may be submitted on electronic media or via email to R8AirReportEnforcement@epa.gov. 
      
 Emissions Standards [40 CFR 60.4233(e) and Table 1, 60.4234]
      
 	The Permittee shall comply with the emissions standards for non-emergency, spark ignition (SI) internal combustion engines (ICE) greater than or equal to 100 hp and less than 500 hp, for GEN3, as specified in §60.4233(e).
 The Permittee shall comply with the emission standards for non-emergency SI ICE greater than 500 hp for C200, as specified in §60.4233(e).

   3.	The Permittee must operate and maintain the stationary SI ICE subject to the emission standards as required in §60.4233 over the entire life of the engine, as specified in §60.4234.

 Compliance Requirements [40 CFR 60.4243(b)]

The Permittee, as the owner and operator of stationary SI ICE that must comply with the emission standards specified in Section II.C. of this permit, shall demonstrate compliance according to one of the methods specified in paragraphs 1 or 2 of this section, as applicable: 
      
 Purchasing an engine certified according to the procedures specified in                                       40 CFR part 60, subpart JJJJ for the same model year and demonstrating compliance according to one of the methods specified in paragraphs 1. (a) or (b) of this section:
      
      (a)	If the Permittee operates and maintains the certified stationary SI ICE and control device according to the manufacturer's emission-related written instructions, the Permittee shall keep records of conducted maintenance to demonstrate compliance, but no performance testing is required. The Permittee shall also meet requirements as specified in                  40 CFR 1068 subparts A through D, as applicable. If the Permittee adjusts engine settings according to and consistent with the manufacturer's instructions, the stationary SI ICE will not be considered out of compliance; or
      
      (b)	If the Permittee does not operate and maintain the certified stationary SI ICE and control device according to the manufacturer's emission-related written instructions, the engine will be considered a non-certified engine and the Permittee shall demonstrate compliance according to §§60.4243(a)(2)(i) through(iii), as appropriate; or
      
2.	Purchasing a non-certified engine and demonstrating compliance with the emission standards specified in Section II.C. of this permit and according to the test methods and other procedures specified in §60.4244, and according to the following: 

      As an owner or operator of a stationary SI ICE greater than 25 hp and less than or equal to 500 hp, the Permittee shall keep a maintenance plan and records of conducted maintenance and shall, to the extent practicable, maintain and operate the engine in a manner consistent with good air pollution control practice for minimizing emissions. In addition, the Permittee shall conduct an initial performance test to demonstrate compliance.
      
      As an owner or operator of a stationary SI ICE greater than 500 hp, the Permittee shall keep a maintenance plan and records of conducted maintenance and shall, to the extent practicable, maintain and operate the engine a manner consistent with good air pollution control practice for minimizing emissions. In addition, the Permittee shall conduct an initial performance test within 1 year of startup and conduct subsequent performance testing every 8,760 hours or 3 years, whichever comes first, thereafter to demonstrate compliance.

Note to Permittee: The initial performance testing has been satisfied for the GEN3 and C200 currently operating at this facility. The requirements for initial performance testing are retained in this permit in case of new construction, installation or modification of an affected source under this subpart. 
	
 Testing Requirements [40 CFR 60.4244 (a)-(f)]
      
 The Permittee shall comply with the performance testing requirements for the non-emergency, SI ICE greater than or equal to 100 hp and less than 500 hp, as specified in §§60.4244 (a)-(f), for emissions unit GEN3.
 The Permittee shall comply with the performance testing requirements for the non-emergency SI ICE greater than 500 hp, as specified in §60.4244 (a)-(f), for emissions unit C200.

 Notification, Reports and Records [40 CFR 60.4245]

 The Permittee shall comply with all of the applicable notification, reporting, and recordkeeping requirements for the non-emergency, SI ICE greater than or equal to 100 hp and less than 500 hp, as specified in §60.4245, for emissions unit GEN3, except that the reports of required performance tests shall be submitted with the respective semiannual report required in Section VI.B.1. of the permit that corresponds with the reporting period within which the test was conducted.
 The Permittee shall comply with all of the applicable notification, reporting, and recordkeeping requirements for the non-emergency, SI ICE greater than 500 hp, as specified in §60.4245, for emissions unit C200, except that the reports of required performance tests shall be submitted with the respective semiannual report required in Section VII.B.1 of the permit that corresponds with the reporting period within which the test was conducted.
      
 National Emission Standards for Hazardous Air Pollutants From Oil and Natural Gas Production Facilities  -  40 CFR Part 63, Subpart HH
            
 Applicability [40 CFR 63.760(b)(1)(i)]
      
1.	40 CFR part 63, subpart HH apples to the 15 MMscfd TEG dehydrator identified as D-1, and control devices FL-1 and C-1 in Table 2 of this permit.
      
2.	Notwithstanding conditions in this permit, the Permittee shall comply with all applicable requirements of 40 CFR part 63, subpart HH for affected sources located at major source of HAP (Hazardous Air Pollutants).
      
 General Standards [40 CFR 63.764]
 
1.	The General Provisions at 40 CFR part 63, subpart A apply as specified in Table 2 of                40 CFR part 63, subpart HH. Notwithstanding conditions in this permit, the Permittee shall comply with all applicable requirements of 40 CFR part 63, subpart A.
      
2.	All reports required under 40 CFR part 63, subpart A shall be sent to the EPA at the following address as listed in §63.13:
            
      Branch Chief, Air and Toxics Enforcement Branch, 8ENF-AT 
      Enforcement and Compliance Assurance Division
      U.S. Environmental Protection Agency, Region 8
      1595 Wynkoop Street
      Denver, Colorado  80202 - 1129
            
      Reports may be submitted on electronic media or via email to R8AirReportEnforcement@epa.gov. 
      
3.	Except as specified in §63.764(e), the Permittee shall comply with the following requirements for the glycol dehydrator:
      
       The control requirements for glycol dehydrator process vents specified in §63.765;
                  
       The monitoring requirements specified in §63.773; and
                  
       The recordkeeping and reporting requirements specified in §§63.774 and 63.775.
                        
4.	At all times the Permittee must operate and maintain any glycol dehydrator, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the EPA which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the unit.
      
 Glycol Dehydration Unit Process Vent Standards [40 CFR 63.765]
 
The Permittee shall comply with the glycol dehydration unit process vent standards and control equipment requirements as follows:

1.	Except as specified in §63.765(c), the Permittee shall comply with the applicable requirements for large glycol dehydration unit process vents at major sources of HAP specified in §63.765(b)(1) and (2):  
            
      (a)	For each large glycol dehydration process vent, the Permittee shall control air emissions by either paragraph (b)(1)(i) or (ii) of §63.765.
            
            (i)	The Permittee shall connect the process vent to a control device or combination of control devices through a closed-vent system, the closed-vent system shall be designed and operated in accordance with the requirements of §63.771(c). The closed-vent system shall be designed and operated in accordance with the requirements of §63.771(d); or 
            (ii)	The permittee shall connect the process vent to a control device or combination of control devices through a closed-vent system and the outlet benzene emissions from the control device(s) shall be reduced to a level less than 0.90 megagrams per year. The closed-vent system shall be designed and operated in accordance with the requirements of §63.771(c). The control device shall be designed and operated in accordance with the requirements of §63.771(d), except that the performance levels specified in §63.771(d)(1)(i) and (ii) do not apply; and
                  
      (b)	One or more safety devices that vent directly to the atmosphere may be used on the air emission control equipment installed to comply with paragraph (b)(1) of §63.765.
            
 Control Equipment Requirements [40 CFR 63.771(b)-(d)] 
      
1.	For each cover, the Permittee shall comply with the cover requirements specified in §63.771(b). 
      
2.	The Permittee shall comply with the closed-vent system requirements specified in §63.771(c).
      
3.	For each control device, FL-1 and C-1, the Permittee shall comply with the applicable control device requirements to reduce HAP emissions as specified in §63.771(d).

 Test Methods, Compliance Procedures and Compliance Determination Requirements     [40 CFR 63.772(b)-(c) and (e)-(f)]
      
The Permittee shall determine compliance with the requirements of 40 CFR part 63, subpart HH using the applicable test methods and compliance procedures for large glycol dehydration units specified in §63.772.
      
1.	The Permittee shall determine the glycol dehydration unit flowrate, benzene emissions or BTEX emissions as specified in §63.772(b).
      
2.	The Permittee shall comply with the test procedures for no detectable emissions in accordance with Method 21, 40 CFR part 60, appendix A, as specified in §63.772(c).
      
3.	The Permittee shall comply with the test procedures for control device performance for FL-1 and C-1 as specified in §63.772(e).
      
4.	The Permittee shall comply with the compliance demonstration for control device performance requirements for FL-1 and C-1 as specified in §63.772(f).
      
      
 Inspection and Monitoring Requirements [40 CFR 63.773]
1.	For each closed-vent system or cover required by the Permittee to comply with                          40 CFR part 63, subpart HH, the Permittee shall comply with the inspection and monitoring requirements specified in §63.773(c).

2.	For each control device, FL-1 and C-1, required by the Permittee to comply with                       40 CFR part 63, subpart HH, the Permittee shall comply with the inspection and monitoring requirements as specified in §63.773(d).  
      
 Recordkeeping Requirements [40 CFR 63.774]

1.	The recordkeeping provisions of 40 CFR part 63, subpart A, that apply and those that do not apply to the Permittee are listed in Table 2 of 40 CFR part 63, subpart HH.
            
2.	The Permittee shall maintain the records specified in §§63.774(b), (c), (e) and (g). 
      
3.	Except as specified in §§63.774(c), the Permittee shall maintain the records specified in §63.774(b).
            
4.	If compliance with the benzene emission limit specified in §63.765(b)(1)(ii) is elected, the Permittee shall document, to the Administrator's satisfaction, the items in §63.774(c).
            
5.	The Permittee shall keep records of the requirements of §63.774(e) when using a flare to comply with §63.771(d).
      
6.	The Permittee shall maintain records, pursuant to §63.774(g), of the occurrence and duration of each malfunction of operation (i.e., process equipment) of the air pollution control equipment and monitoring equipment. The Permittee shall maintain records of actions taken during periods of malfunction to minimize emissions in accordance with §63.764(j), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation.
            
 Reporting Requirements [40 CFR 63.775]

1.	The reporting provisions of subpart A of this part, that apply and those that do not apply to the Permittee are listed in Table 2 of this subpart.
      
2.	The Permittee shall submit the information specified in §63.775(b).
      
3.	The Permittee shall submit Notification of Compliance Status Reports as specified in §63.775(d).   
      
4.	The Permittee shall submit Periodic Reports as specified in §63.775(e).
            
5.	The Permittee shall submit notifications of process changes as specified in §63.775(f).
            
6.	The Permittee shall comply with any applicable electronic reporting provisions specified at §63.775(g).

 National Emissions Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines - 40 CFR Part 63, Subpart ZZZZ
            
 Applicability [40 CFR 63.6585]
      
1.	40 CFR part 63, subpart ZZZZ applies to the following emissions units:

      	(a)	Waukesha 7042GSI engine identified as C100 in Table 2 of this permit; and
      
      	(b)	  Caterpillar G3306B engine identified as GEN3 in Table 2 of this permit.
      
2.	Notwithstanding conditions in this permit, the Permittee shall comply with all applicable requirements of 40 CFR part 63, subpart ZZZZ.
            
 General Provisions [40 CFR 63.6665]
 
1.	The General Provisions at 40 CFR part 63, subpart A apply as specified in Table 8 of                40 CFR part 63, subpart ZZZZ. Notwithstanding conditions in this permit, the Permittee shall comply with all applicable requirements of 40 CFR part 63, subpart A.  
      
2.	All reports required under 40 CFR part 63, subpart A shall be sent to the EPA at the following address as listed in §63.13:
      
      Branch Chief, Air and Toxics Enforcement Branch, 8ENF - AT 
      Enforcement and Compliance Assurance Division
      U.S. Environmental Protection Agency, Region 8
      1595 Wynkoop Street
      Denver, Colorado  80202 - 1129
      
      Reports may be submitted on electronic media or via email to:
      R8AirReportEnforcement@epa.gov. 

 Emissions and Operating Limitations [40 CFR 63.6600, 63.6605 and 63.6590]
      
1.	The Permittee shall comply with the emissions limitations and operating limitations for stationary 4SRB RICE with a site rating of more than 500 brake hp located at a major source of HAP emissions, specified in §63.6600 for engine C100. 
            
2.	Pursuant to §63.6590(c), the Permittee shall comply with the requirements of 40 CFR part 63, subpart ZZZZ for engine GEN3 by meeting the requirements of 40 CFR part 60, subpart JJJJ. No further requirements apply for this engine under 40 CFR part 63, subpart ZZZZ.
            
3.	Pursuant to §63.6600, compliance with the numerical emissions limitations for stationary 4SRB RICE with a site rating of more than 500 brake hp located at a major source of HAP emissions established in 40 CFR part 63, subpart ZZZZ, for engine C100, shall be based on the results of testing the average of three 1-hour runs using the testing requirements and procedures in §63.6620 and Table 4 to 40 CFR part 63, subpart ZZZZ.


4.	The Permittee must be in compliance with the emission limitations and operating limitations that apply to C100 at all times, as specified in §63.6605(a).

5.	The Permittee must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions at all times. The general duty to minimize emissions does not require the Permittee to make any further efforts to reduce emissions if the required levels have been achieved. Determination of whether such operations and maintenance procedures are being used will be based on information available to the EPA, which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source as specified in §63.6605(b).
            
 Testing and Initial Compliance Requirements [40 CFR 63.6610, 63.6615, 63.6620 and 63.6630]
            
1.	The Permittee shall conduct the initial performance tests and other compliance demonstrations requirements for stationary 4SRB RICE with a site rating of more than 500 brake hp located at a major source of HAP emissions, as specified in §63.6610, for engine C100. 

Note to Permittee: The initial performance testing has been satisfied for engine C100 currently operating at this facility. The requirements for initial performance testing and other compliance demonstrations are retained in this permit in the case of new construction, installation or modification of an affected source under this subpart.
            
2.	The Permittee shall conduct subsequent performance tests for stationary 4SRB RICE with a site rating of more than 500 brake hp located at a major source of HAP emissions, as specified in §63.6615, for engine C100.
            
3.	The Permittee shall use the performance tests and other procedures for stationary 4SRB RICE with a site rating of more than 500 brake hp located at a major source of HAP emissions, as specified §63.6620, for engine C100.

4.	The Permittee shall comply with the monitoring, installation, collection, operation and maintenance requirements for stationary 4SRB RICE with a site rating of more than 500 brake hp located at a major source of HAP emissions, as specified in §63.6625, for engine C100.
            
5.	The Permittee shall demonstrate initial compliance with the emission limitations, operating limitations, and other requirements that apply to stationary 4SRB RICE with a site rating of more than 500 brake hp located at a major source of HAP emissions, as specified in §63.6630, for engine C100.

Note to Permittee: The requirements for initial compliance with the emission limitations, operating limitations, and other requirements have been satisfied for engine C100 currently operating at this facility. The requirements for initial compliance with the emission limitations, operating limitations and other requirements are retained in this permit in the case of new construction, installation or modification of an affected source under this subpart.

 Continuous Compliance Requirements [40 CFR 63.6635 and 63.6640]
1.	The Permittee shall monitor and collect data to demonstrate continuous compliance for stationary 4SRB RICE with a site rating of more than 500 brake hp located at a major source of HAP emissions, as specified in §63.6635, for engine C100.

2.	The Permittee shall demonstrate continuous compliance with the emission limitations, operating limitations, and other requirements for stationary 4SRB RICE with a site rating of more than 500 brake hp located at a major source of HAP emissions, as specified in §63.6640, for engine C100.
      
 Notifications, Reports and Records [40 CFR 63.6645, 63.6650, 63.6655 and 63.6660]
      
1.	The Permittee shall submit notifications as specified in §63.6645 for engine C100.
            
 The Permittee shall submit reports as specified in §63.6650 for engine C100.

3.	The Permittee shall keep records as specified in §63.6655 for engine C100.
            
 	The Permittee shall keep the records in the format and for the duration as specified in §63.6660 for engine C100.
 Standards of Performance for Crude Oil and Natural Gas Facilities for which Construction, Modification or Reconstruction Commenced After September 18, 2015  -  40 CFR Part 60, Subpart OOOOa
   
 Applicability [40 CFR 60.5365a(c) and (j)] 

40 CFR part 60, subpart OOOOa (Subpart OOOOa) applies to the following emissions units: 
1.	Ariel JGK/4 Reciprocating Compressor associated with Emissions Unit C200 in Table 2 of this permit;
2.	Fugitive Emissions from site expansion occuring after September 18, 2015, identified as Equipment Leaks (EL) in Table 2 of this permit.
The collection of all fugitive emissions components at the compressor station is an affected facility.
 The source is subject to the requirements of Subpart OOOOa. Notwithstanding conditions in this permit, the permittee shall comply with all applicable requirements of Subpart OOOOa.
 
B.	General Compliance Requirements [40 CFR 60.5370a] 
At all times, including during startup, shutdown and malfunction, the Permittee shall maintain and operate the reciprocating compressor and collection of fugitive emission components, air pollution control and monitoring equipment in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the EPA which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures and inspection of the source.
C.	Applicable Standards for Reciprocating Compressor Affected Facilities [40 CFR 60.5385a]
The Permittee shall comply with the following standards for each reciprocating compressor affected facility:
1.	The Permittee shall comply with either of the following requirements for each reciprocating compressor as specified in §60.5385a(a):
      (a)	Replace the reciprocating compressor rod packing either:
            (i)	Before the compressor has operated for 26,000 hours. The number of hours of operation must be continuously monitored beginning upon initial startup of the reciprocating compressor affected facility, or the date of the most recent reciprocating compressor rod packing replacement, whichever is later; or
            (ii)	Prior to 36 months from the date of the most recent rod packing replacement, or 36 months from the date of startup for a new reciprocating compressor for which the rod packing has not yet been replaced.

      (b)	Collect the emissions from the rod packing using a rod packing emissions collection system which operates under negative pressure and route the rod packing emissions to a process through a closed vent system that meets the requirements of §60.5411a(a) and (d).

2. 	Demonstrate initial compliance with standards that apply to reciprocating compressor affected facilities as required by §60.5410a(c).

3. 	Demonstrate continuous compliance with standards that apply to reciprocating compressor affected facilities as required by §60.5415a(c).

 Perform reporting requirements as specified by §60.5420a(b)(1) and (4) and the recordkeeping as required by §§60.5420a(c)(3), (6) through (9), and (17), as applicable.

 Applicable Standards for the Collection of Fugitive Emissions Components at a Compressor Station

The Permittee shall comply with the applicable requirements in §60.5397a(a)-(j) for compressor stations.
 Initial Compliance Requirements for Reciprocating Compressor and Fugitive Emission Components Affected Facilities

 The Permittee shall achieve initial compliance for each reciprocating compressor affected facility by complying with §60.5410a(c)(1)-(4).
 The Permittee shall achieve initial compliance with the fugitive emission standards for each collection of fugitive emissions components by complying with §60.5410a(j)(1)  -  (5).

 Continuous Compliance Requirements for Reciprocating Compressors and Fugitive Emission Components Affected Facilities
 The Permittee shall demonstrate continuous compliance for the reciprocating compressor according to §60.5415a(c).
 The Permittee shall demonstrate continuous compliance for each collection of fugitive emission components according to §60.5415a(h).

 Reporting and Recordkeeping Requirements
 The Permittee shall submit annual reports for reciprocating compressor affected facilities containing the information specified in §60.5420a(b)(1), (4), (6-7), (9), and (11).
 The Permittee shall maintain all records identified as specified in §60.7(f) and in §60.5420a(c)(3), (6-9), and (15). 

 General Standards
 The General Provisions at 40 CFR Part 60, Subpart A apply as specified in Table 3 of Subpart OOOOa. Notwithstanding conditions in this permit, the Permittee shall comply with all applicable requirements of 40 CFR Part 60, Subpart A.
 All reports required under 40 CFR Part 60, Subpart A shall be sent to the EPA at the following address as listed in §60.4:
Branch Chief, Air and Toxics Enforcement Branch, 8ENF-AT
Enforcement and Compliance Assurance Division
U.S. Environmental Protection Agency, Region 8
1595 Wynkoop Street
Denver, Colorado 80202-1129

 Requirements of Consent Decree Case No. 2:08-CV-00167-TS-PMV 
      
 Applicability
      
This source is subject to certain requirements of Consent Decree Case No. 2:08-CV-00167-TS-PMV (Consent Decree), filed and effective on July 3, 2012 and terminated on June 4, 2014. The Permittee shall comply with all applicable provisions of the Consent Decree as described in the Termination Clause, notwithstanding the conditions in this draft permit. The Consent Decree in its entirety has been included in Appendix A. The requirements that survive termination, and continue to apply to the facility, are found in paragraphs 17, 19, 20 and 23.
      
 Requirements for the Glycol Dehydrator
      
[Consent Decree Case No. 2:08-CV-00167-TS-PMV, Paragraph 17]

1.	Requirements of Consent Decree Case No. 2:08-CV-00167-TS-PMV, Paragraph 17

	(a)	The flare installed pursuant to Paragraph 15 of the Consent Decree shall achieve a 95% by weight or greater reduction of volatile organic compound (VOC) emissions for the glycol dehydrator process vent stream at all times except during periods of time when the pilot flame at the flare is off, the Permittee shall re-light the pilot flame or route emissions from the glycol dehydrator process vent stream to a back-up combustor as expeditiously as practicable. The back-up combustor shall achieve a 95% by weight or greater reduction of VOC emissions from the glycol dehydrator process vent stream when in use, as determined by the pilot flame on the combustor being on when in use. The time period during which the glycol dehydrator is operated without either: (1) a flare with the pilot flame on; or (2) the back-up combustor with its pilot flame on shall not exceed 500 hours. Nothing in Paragraph 17 of the Consent Decree shall affect the Permittee's obligation to meet the applicable requirements of 40 CFR part 63.
	
	(b)	Compliance with 40 CFR 63.11(b), and with the associated monitoring and recordkeeping required in 40 CFR 63.773(d)(3)(i)(C), 63.774(b) and 63.774(e) shall be sufficient to determine compliance with the 95% VOC reduction requirement of Paragraph 17 of the Consent Decree.

 Requirements for the Condensate Storage Tanks
      
[Consent Decree Case No. 2:08-CV-00167-TS-PMV, Paragraphs 19 and 20]

1.	Requirements of Consent Decree Case No. 2:08-CV-00167-TS-PMV, Paragraph 19

	(a)	The Permittee shall, within 30 days of the Effective Date of the Consent Decree, connect the condensate storage tanks, identified as T-1 and T-2 in this permit, to an existing or new combustor at the facility.

Note to Permittee: The EPA has determined that the requirements of Section V.C.1.a. of this permit have been satisfied. This section has been retained for informational purposes.
	(b)	The Permittee shall, within 60 days of the Effective Date of the Consent Decree, certify to the EPA that the design of the conveyance systems from the condensate storage tanks to the combustor does not, under normal operating conditions, cause or contribute to a release of VOC from the condensate storage tanks through thief hatches or pressure relief valves.

Note to Permittee: This EPA has determined that the requirements of Section V.C.1.b. of this permit have been satisfied. This section has been retained for informational purposes.

	(c)	The Permittee shall equip the combustor with thermocouples (or other heat sensing monitoring devices) to continuously monitor the presence of a pilot flame.	

2.	Requirements of Consent Decree Case No. 2:08-CV-00167-TS-PMV, Paragraph 20

 The Permittee shall monitor and record the presence of a pilot flame with a continuous recording device, such as a chart recorder or similar device.	

 Requirements for RICE 
      
[Consent Decree Case No. 2:08-CV-00167-TS-PMV, Paragraph 23]
      
1.	Requirements of Consent Decree Case No. 2:08-CV-00167-TS-PMV, Paragraph 23

            For RICE with a site rating of 500 hp or greater operated at the facility, identified as engine C100 in this permit, the Permittee shall comply with the requirements specified below: 

	(a)	Emissions Control: 

                  The Permittee has installed and is operating an AFR and NSCR control devices on each rich-burn RICE. The rich-burn RICE at Island, identified as C100 in this permit, shall not exceed 8.0 grams per horsepower hour (g/hp-hr) for NOX and 5.0 g/hp-hr for CO.
                  
	(b)	Emissions Controls Maintenance: 
            
                  Any oxygen sensors in use shall be replaced within 2,000 hours of engine run time.  
            
	(c)	Performance Testing for NOX and CO: 
            
            (i)	Not later than 180 days after the Effective Date of the Consent Decree, the Permittee shall conduct initial performance tests for NOX and CO emissions, on each RICE, using the test protocol selected from the list in paragraph iv below.

Note to Permittee: This EPA has determined that the requirements of Section V.D.1.c.i. of this permit have been satisfied. This section has been retained for informational purposes.

            (ii)	The Permittee shall retest each reciprocating internal combustion engine semi-annually using the test protocol developed from the test methods specified above. The Permittee shall submit to EPA the test results for NOX and CO with the semi-annual report required pursuant to 40 CFR part 63, subpart ZZZZ.
            (iii)	Performance tests must be conducted at any load condition within plus or minus 10 % of 100 % load unless the reciprocating internal combustion engine cannot achieve plus or minus 10% of 100 % load at the time of the test. Under such circumstances, the reciprocating internal combustion engine shall be tested at maximum achievable load, and the differential pressure across the catalyst shall be monitored and shall be maintained consistent with operating limitations in     40 CFR part 63, subpart ZZZZ. If the reciprocating internal combustion engine load is increased by 20 % or greater averaged over a 30-day period commencing within 60 days of the last test, then the reciprocating internal combustion engine shall be re-tested at the newly achievable maximum load and the corresponding differential pressure established. For the purposes of this provision regarding engine load during and after performance testing, the Permittee shall monitor and record load at each engine.
            (iv)	The Permittee shall select among the following test methods: 40 CFR part 60, appendix A, Method 1 or 1A - Sampling port location and number of traverse points; 40 CFR part 60, appendix A, Method 3, 3A or 3B - O2 concentration at inlet and outlet; 40 CFR part 60, appendix A, Method 4 - Moisture Content;       40 CFR part 60, appendix A, Method 7E  -  Determination of nitrogen oxides emissions; or 40 CFR part 60, appendix A, Method 10  -  Determination of carbon monoxide emissions.

 Facility-Wide Requirements [40 CFR 71.6(a)(1)]
      
Conditions in this section of this permit apply to all emissions units located at the source, including any units not specifically listed in this permit.
  
 Recordkeeping Requirements [40 CFR 71.6(a)(3)(ii)]
      
The Permittee shall comply with the following generally applicable recordkeeping requirements:

 If the Permittee determines that his or her stationary source that emits (or has the potential to emit, without considering controls) one or more hazardous air pollutants (HAPs) 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 on site at the source for a period of 5 years after the determination, or until the source changes its operations to become an affected source, whichever comes first. 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)]
      
 Records shall be kept of off permit changes, as required by the Off Permit Changes section of this permit.

 Reporting Requirements [40 CFR 71.6(a)(3)(iii)]

1. 	The Permittee shall submit to the EPA all reports of any required monitoring under this permit semiannually. The first report has already been submitted for this facility. Reports shall be submitted semi-annually, by January 31[st] and July 31[st] of each year. The report due on       January 31[st] shall cover the 6-month period ending on the last day of December before the report is due. The report due on July 31[st] shall cover the 6-month period ending on the last day of June before the report is due. 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.

[Explanatory note: To help Part 71 Permittees meet reporting responsibilities, the EPA has developed a form "SIXMON" for 6-month monitoring reports. The form may be found on the EPA's website at: https://www.epa.gov/title-v-operating-permits/epa-issued-operating-permits] 
      
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 §71.6(a)(3)(i) and (a)(3)(ii). 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:
            
 A situation where emissions exceed an emission limitation or standard;
            
 A situation where process or emissions control device parameter values indicate that an emission limitation or standard has not been met; or
            
 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.
3. 	The Permittee shall promptly report to the EPA deviations from permit requirements, including those attributable to upset conditions as defined in this permit, the probable cause of such deviations, and any corrective actions or preventive measures taken. "Prompt" is defined as follows:

      (a)	Any definition of "prompt" or a specific time frame for reporting deviations provided in an underlying applicable requirement as identified in this permit. 
      
 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:
            
 For emissions of a HAP 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 shall be made within 24 hours of the occurrence.
 For emissions of any regulated air pollutant, excluding a HAP or a toxic air pollutant that continues for more than 2 hours in excess of permit requirements, the report shall be made within 48 hours.
 For all other deviations from permit requirements, the report shall be submitted with the semi-annual monitoring report.
                  
      (c)	If any of the conditions in (i) or (ii) of paragraph (b) above are met, the Permittee shall notify the EPA by telephone (1-800-227-6312), facsimile (303-312-6409), or by email to R8AirReportEnforcement@epa.gov based on the timetables listed above. [Notification shall specify that this notification is a deviation report for a Part 71 permit]. A written notice, certified consistent with the Submissions section of this permit shall be submitted within 10 working days of the occurrence. All deviations reported under this section shall also be identified in the 6-month report required under Condition 1 in this section of this permit.
        
[Explanatory note: To help Part 71 Permittees meet reporting responsibilities, the EPA has developed a form "PDR" for prompt deviation reporting. The form may be found on the EPA's website at: https://www.epa.gov/title-v-operating-permits/epa-issued-operating-permits] 

 General Provisions
      
 Annual Fee Payment [40 CFR 71.9]

 The Permittee shall pay an annual permit fee in accordance with the procedures outlined below.

 The Permittee shall pay the annual permit fee each year no later than April 1[st]. The fee shall cover the previous calendar year.

 The fee payment shall be in United States currency and shall be paid by money order, bank draft, certified check, corporate check, or electronic funds transfer payable to the order of the U.S. Environmental Protection Agency.

 The Permittee shall send fee payment and a completed fee filing form to:

      
      U.S. Environmental Protection Agency			
      OCFO/OC/ACAD/FCB		
      Attn: Collections Team
      1300 Pennsylvania Avenue NW			
      Mail Code 2733R				
      Washington, D.C.  20004		
                                                                               
 The Permittee shall send an updated fee calculation worksheet form and a photocopy of each fee payment check (or other confirmation of actual fee paid) submitted annually by the same deadline as required for fee payment to the address listed in the Submissions section of this permit.
      
[Explanatory note: The fee filing form "FF" and the fee calculation worksheet form "FEE" may be found on the EPA's website at: https://www.epa.gov/title-v-operating-permits/epa-issued-operating-permits]

 Basis for calculating annual fee:
      
 The annual emissions fee shall be calculated by multiplying the total tons of actual emissions of all "regulated pollutants (for fee calculation)" emitted from the source by the presumptive emissions fee (in dollars per ton) in effect at the time of calculation. 
      
             "Actual emissions" means the actual rate of emissions in tpy of any regulated pollutant (for fee calculation) emitted from a Part 71 source over the preceding calendar year. Actual emissions shall be calculated using each emissions unit's actual operating hours, production rates, in-place control equipment, and types of materials processed, stored, or combusted during the preceding calendar year.
             Actual emissions shall be computed using methods required by the permit for determining compliance, such as monitoring or source testing data. 
             If actual emissions cannot be determined using the compliance methods in the permit, the Permittee shall use other federally recognized procedures.
                        
[Explanatory note: The presumptive fee amount is revised each calendar year to account for inflation, and it is available from the EPA prior to the start of each calendar year.]

 The annual emissions fee shall be increased by a greenhouse gas (GHG) fee adjustment for any source that has initiated an activity listed in table at §71.9(c)(8) since the fee was last paid. The GHG fee adjustment shall be equal to the set fee provided in the table at §71.9(c)(8) for each activity that has been initiated since the fee was last paid.
                        
 The Permittee shall exclude the following emissions from the calculation of fees:
                        
             The amount of actual emissions of each regulated pollutant (for fee calculation) that the source emits in excess of 4,000 tpy; 
             Actual emissions of any regulated pollutant (for fee calculation) already included in the fee calculation; and
             The quantity of actual emissions (for fee calculation) of insignificant activities [defined in 40 CFR 71.5(c)(11)(i)] or of insignificant emissions levels from emissions at the source identified in the Permittee's application pursuant to 40 CFR 71.5(c)(11)(ii).
      
 Fee calculation worksheets shall be certified as to truth, accuracy, and completeness by a responsible official.

[Explanatory note: The fee calculation worksheet form already incorporates a section to help the permittee meet this responsibility.] 

 The Permittee shall retain fee calculation worksheets and other emissions-related data used to determine fee payment for 5 years following submittal of fee payment. [Emission-related data include, for example, emissions-related forms provided by the EPA and used by the Permittee for fee calculation purposes, emissions-related spreadsheets, and emissions-related data, such as records of emissions monitoring data and related support information required to be kept in accordance with 40 CFR 71.6(a)(3)(ii).]

 Failure of the Permittee to pay fees in a timely manner shall subject the Permittee to assessment of penalties and interest in accordance with 40 CFR 71.9(l). 

 When notified by the EPA of underpayment of fees, the Permittee shall remit full payment within 30 days of receipt of notification. 

 A Permittee who thinks an EPA-assessed fee is in error and who wishes to challenge such fee, shall provide a written explanation of the alleged error to the EPA along with full payment of the EPA assessed fee.
 
 Annual Emissions Inventory [40 CFR 71.9(h)(1) and (2)]
            
 The Permittee shall submit an annual emissions report of its actual emissions for both criteria pollutants and regulated HAPs for this source for the preceding calendar year for fee assessment purposes. The annual emissions report shall be certified by a responsible official and shall be submitted each year to the EPA by April 1[st]. 

 The annual emissions report shall be submitted to the EPA at the address listed in the Submissions section of this permit.  

[Explanatory note: An annual emissions report, required at the same time as the fee calculation worksheet by 40 CFR 71.9(h), has been incorporated into the fee calculation worksheet form as a convenience.]
      
      
 Compliance Requirements [40 CFR 71.6(a)(6), Section 113(a) and 113(e)(1) of the CAA, and 40 CFR 51.212, 52.12, 52.33, 60.11(g) and 61.12]
      
 Compliance with the Permit

       The Permittee must comply with all conditions of this Part 71 permit. Any permit noncompliance constitutes a violation of the CAA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.
                                                                               
       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. 
                                                                               
       For the purpose of submitting compliance certifications in accordance with §71.6(c)(5), 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.
      
 Compliance Schedule [40 CFR 71.5(c)(8)(iii)]
                  
       For applicable requirements with which the source is in compliance, the source will continue to comply with such requirements. 
      
       For applicable requirements that will become effective during the permit term, the source shall meet such requirements on a timely basis.
      
3.	Compliance Certifications [40 CFR 71.6(c)(5)]
            
       The Permittee shall submit to the EPA a certification of compliance with permit terms and conditions, including emission limitations, standards, or work practices annually by January 31[st], and shall cover the same 12-month period as the two consecutive semi-annual monitoring reports.  
      
[Explanatory note: To help Part 71 Permittees meet reporting responsibilities, the EPA has developed a reporting form for annual compliance certifications. The form may be found on the EPA's website at: https://www.epa.gov/title-v-operating-permits/epa-issued-operating-permits ]
                  
       The compliance certification shall be certified as to truth, accuracy, and completeness by a responsible official consistent with 40 CFR 71.5(d).
                                                                               
       The certification shall include the following:

             Identification of each permit term or condition that is the basis of the certification;
             The identification of the method(s) or other means used for determining the compliance status of each term and condition during the certification period, and whether such methods or other means provide continuous or intermittent data. Such methods and other means shall include, at a minimum, the methods and means required in this permit. If necessary, the Permittee also shall identify any other material information that must be included in the certification to comply with Section 113(c)(2) of the CAA, which prohibits knowingly making a false certification or omitting material information;
             The status of compliance with each term and condition of the permit for the period covered by the certification based on the method or means designated in (ii) above. The certification shall identify each deviation and take it into account in the compliance certification;
             Such other facts as the EPA may require to determine the compliance status of the source; and
             Whether compliance with each permit term was continuous or intermittent.

 Duty to Provide and Supplement Information [40 CFR 71.6(a)(6)(v), 71.5(a)(3), and 71.5(b)]
            
 The Permittee shall furnish to the EPA, within a reasonable time, any information that the EPA may request in writing to determine whether cause exists for modifying, revoking, and reissuing, or terminating the permit, or to determine compliance with the permit. Upon request, the Permittee shall also furnish to the EPA copies of records that are required to be kept pursuant to the terms of 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 40 CFR part 2, subpart B.  

 The Permittee, upon becoming aware that any relevant facts were omitted or incorrect information was submitted in the permit application, 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.
      
 Submissions [40 CFR 71.5(d), 71.6(c)(1) and 71.9(h)(2)]
            
 Any document (application form, report, compliance certification, etc.) required to be submitted under this permit shall be certified by a responsible official as to truth, accuracy, and completeness. Such certifications 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 EPA has developed a reporting form "CTAC" for certifying truth, accuracy and completeness of Part 71 submissions. The form may be found on the EPA's website at: https://www.epa.gov/title-v-operating-permits/epa-issued-operating-permits]

      All fee calculation worksheets and applications for renewals and permit modifications shall be submitted to:

            
            
            Part 71 Permit Contact, Air Permitting and Monitoring Branch, 8ARD-PM
            U.S. Environmental Protection Agency, Region 8
            1595 Wynkoop Street
            Denver, Colorado  80202
       
 Except where otherwise specified, all reports, test data, monitoring data, notifications and compliance certifications shall be submitted to:
      
            Branch Chief, Air and Toxics Enforcement Branch, 8ENF - AT 
            Enforcement and Compliance Assurance Division
            U.S. Environmental Protection Agency, Region 8
            1595 Wynkoop Street
            Denver, Colorado  80202 - 1129
            
 Severability Clause [40 CFR 71.6(a)(5)]
            
The provisions of this permit are severable, and in the event of any challenge to any portion of this permit, or if any portion is held invalid, the remaining permit conditions shall remain valid and in force.
            
 Permit Actions [40 CFR 71.6(a)(6)(iii)]

This permit may be modified, revoked, reopened, and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition.

 Administrative Permit Amendments [40 CFR 71.7(d)]

The Permittee may request the use of administrative permit amendment procedures for a permit revision that:

 Corrects typographical errors;

 Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;
       
 Requires more frequent monitoring or reporting by the Permittee;

 Allows for a change in ownership or operational control of a source where the EPA determines that no other change in the permit is necessary, provided that a written agreement containing a 
       specific date for transfer of permit responsibility, coverage, and liability between the current and new Permittee has been submitted to the EPA;

 Incorporates into the Part 71 permit the requirements from preconstruction review permits authorized under an EPA-approved program, provided that such a program meets procedural requirements substantially equivalent to the requirements of 40 CFR 71.7 and 71.8 that would be applicable to the change if it were subject to review as a permit modification, and compliance requirements substantially equivalent to those contained in 40 CFR 71.6; or 

 Incorporates any other type of change which the EPA has determined to be similar to those listed in (1) through (5) above. 

[Note to Permittee: If 1 through 5 above do not apply, please contact the EPA for a determination of similarity prior to submitting your request for an administrative permit amendment under this provision.]

 Minor Permit Modifications [40 CFR 71.7(e)(1)]

 The Permittee may request the use of minor permit modification procedures only for those modifications that:
                  
       Do not violate any applicable requirement;
      
       Do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the permit;
      
       Do not require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;
      
       Do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. Such terms and conditions include:
                  
             A federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I; and
             An alternative emissions limit approved pursuant to regulations promulgated under Section 112(i)(5) of the CAA;
                        
       Are not modifications under any provision of Title I of the CAA; and
            
       Are not required to be processed as a significant modification.

 Notwithstanding the list of changes ineligible for minor permit modification procedures in 1 above, minor permit modification procedures may be used for permit modifications involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that such minor permit modification procedures are explicitly provided for in an applicable implementation plan or in applicable requirements promulgated by the EPA.
      
 An application requesting the use of minor permit modification procedures shall meet the requirements of 40 CFR 71.5(c) and shall include the following:
                  
       A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;
      
       The source's suggested draft permit;
      
       Certification by a responsible official, consistent with 40 CFR 71.5(d), that the proposed modification meets the criteria for use of minor permit modification procedures and a request that such procedures be used; and
      
      (d)       Completed forms for the permitting authority to use to notify affected states as required under 40 CFR 71.8.
                  
 The source may make the change proposed in its minor permit modification application immediately after it files such application. After the source makes the change allowed by the preceding sentence, and until the permitting authority takes any of the actions authorized by 40 CFR 71.7(e)(1)(iv)(A) through (C), the source must comply with both the applicable requirements governing the change and the proposed permit terms and conditions. During this time period, the source need not comply with the existing permit terms and conditions it seeks to modify. However, if the source fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it.
                                                                               
 The permit shield under 40 CFR 71.6(f) may not extend to minor permit modifications. 

 Significant Permit Modifications [40 CFR 71.7(e)(3), 71.8(d), and 71.5(a)(2)]

 The Permittee must request the use of significant permit modification procedures for those modifications that:

       Do not qualify as minor permit modifications or as administrative amendments;
      
       Are significant changes in existing monitoring permit terms or conditions; or
      
       Are relaxations of reporting or recordkeeping permit terms or conditions.

 Nothing herein shall be construed to preclude the Permittee from making changes consistent with Part 71 that would render existing permit compliance terms and conditions irrelevant.
      
 Permittees must meet all requirements of Part 71 for applications, public participation, and review by affected states and tribes for significant permit modifications. For the application to be determined complete, the Permittee must supply all information that is required by 40 CFR 71.5(c) for permit issuance and renewal, but only that information that is related to the proposed change.
       
 Reopening for Cause [40 CFR 71.7(f)]

The permit may be reopened and revised prior to expiration under any of the following circumstances:

 Additional applicable requirements under the CAA become applicable to a major Part 71 source with a remaining permit term of three or more years. Such a reopening shall be completed no later than 18 months after promulgation of the applicable requirement. No such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions have been extended pursuant to 40 CFR 71.7(c)(3);
 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; 

 The EPA determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit; or
      
 The EPA determines that the permit must be revised or revoked to assure compliance with the applicable requirements.
      
 Property Rights [40 CFR 71.6(a)(6)(iv)]

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

 Inspection and Entry [40 CFR 71.6(c)(2)]

 Upon presentation of credentials and other documents as may be required by law, the Permittee shall allow the EPA or an authorized representative to perform the following:

 Enter upon the Permittee's premises where a Part 71 source is located or emissions-related activity is conducted, or where records must be kept under the conditions of the permit;

 Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;

 Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit; and

 As authorized by the CAA, sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or applicable requirements.

 Transfer of Ownership or Operation [40 CFR 71.7(d)(1)(iv)]
      
A change in ownership or operational control of this source may be treated as an administrative permit amendment if the EPA determines no other change in this permit is necessary and provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new Permittee has been submitted to the EPA.

 Off Permit Changes [40 CFR 71.6(a)(12) and 40 CFR 71.6(a)(3)(ii)]

The Permittee is allowed to make certain changes without a permit revision, provided that the following requirements are met, and that all records required by this section are kept for a period of 5 years:
	
 Each change is not addressed or prohibited by this permit;


 Each change shall meet with all applicable requirements and shall not violate any existing permit term or condition;

 Changes under this provision may not include changes subject to any requirement of 40 CFR parts 72 through 78 or modifications under any provision of Title I of the CAA;

 The Permittee must provide contemporaneous written notice to the EPA of each change, except for changes that qualify as insignificant activities under 40 CFR 71.5(c)(11). The written notice must describe each change, the date of the change, any change in emissions, pollutants emitted, and any applicable requirements that would apply as a result of the change;

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

 The Permittee must keep a record describing all changes that result in emissions of any regulated air pollutant subject to any applicable requirement not otherwise regulated under this permit, and the emissions resulting from those changes;

 The notice shall be kept on site and made available to the EPA on request, in accordance with the general recordkeeping provision of this permit; and

 Submittal of the written notice required above shall not constitute a waiver, exemption, or shield from applicability of any applicable standard or PSD permitting requirements under 40 CFR 52.21 that would be triggered by the change.
   
 Permit Expiration and Renewal [40 CFR 71.5(a)(1)(iii), 71.5(a)(2), 71.5(c)(5), 71.6(a)(11), 71.7(b), 71.7(c)(1), and 71.7(c)(3)]

 This permit shall expire upon the earlier occurrence of the following events:

       Five years elapse from the date of issuance; or
      
       The source is issued a Part 70 or Part 71 permit under an EPA-approved or delegated permit program.
      
 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.

 If the Permittee submits a timely and complete permit application for renewal, consistent with 40 CFR 71.5(a)(2), but the EPA has failed to issue or deny the renewal permit, then all the terms and conditions of the permit, including any permit shield granted pursuant to 40 CFR 71.6(f) shall remain in effect until the renewal permit has been issued or denied.  
                                                                               
 The Permittee's failure to have a Part 71 permit is not a violation of this part until the EPA takes final action on the permit renewal application. This protection shall cease to apply if, subsequent to the completeness determination, the Permittee fails to submit any additional information identified as being needed to process the application by the deadline specified in writing by the EPA.

 Renewal of this permit is subject to the same procedural requirements that apply to initial permit issuance, including those for public participation, affected state, and tribal review.
      
 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.

            Appendix A -  Consent Decree Case No. 2:08-CV-00167-TS-PM



                                IN THE UNITED STATES DISTRICT COURT
                          FOR THE DISTRICT OF UTAH, CENTRAL DIVISION





 UNITED STATES OF AMERICA,


       Plaintiff,

 UTE INDIAN TRIBE OF THE UINTAH AND OURAY RESERVATION, FRANCES M. POOWEGUP, IRENE C. CUCH, PHILLIP CHIMBURAS, and RON WOPSOCK,

       Plaintiffs-Intervenors



 QUESTAR GAS MANAGEMENT COMPANY,

       Defendant.
CONSENT DECREE

Case No. 2:08-CV-00167-TS-PMW District Judge TED STEWART





                                               TABLE OF CONTENTS
 I.  JURISDICTION AND VENUE ................................................................................................. 3 II.  APPLICABILITY ..................................................................................................................... 3 III. DEFINITIONS......................................................................................................................... 5 IV.  CIVIL PENALTY ................................................................................................................... 6 V.  COMPLIANCE REQUIREMENTS......................................................................................... 7 VI.  ADDITIONAL INJUNCTIVE RELIEF/TRIBAL CLEAN AIR MITIGATION PROJECT14 VII.  REPORTING REQUIREMENTS........................................................................................ 16 VIII.  STIPULATED PENALTIES .............................................................................................. 18 IX.  FORCE MAJEURE ............................................................................................................... 22 X.  DISPUTE RESOLUTION ...................................................................................................... 25 XI.  INFORMATION COLLECTION AND RETENTION ........................................................ 27 XII.  EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS ............................................ 29 XIII.  NOTICES............................................................................................................................ 31 XIV.  EFFECTIVE DATE............................................................................................................ 33 XV.  RETENTION OF JURISDICTION ..................................................................................... 33 XVI.  MODIFICATION ............................................................................................................... 33 XVII.  TERMINATION ............................................................................................................... 34 XVIII.  COSTS ............................................................................................................................. 35 XIX.  PUBLIC PARTICIPATION ............................................................................................... 35 XX.  SIGNATORIES/SERVICE.................................................................................................. 36 XXI.  INTEGRATION ................................................................................................................. 36 XXII.  FINAL JUDGMENT......................................................................................................... 37 






                                                          ii
                                                           




 WHEREAS, Plaintiff United States of America, (the "United States") on behalf of the United States Environmental Protection Agency ("EPA"), filed a complaint in this action on February 29, 2008, alleging that Defendant QEP Field Services Company ("QEPFS"), formerly known as Questar Gas Management Company, violated Section 112 of the Clean Air Act ("Act"), 42 U.S.C. § 7412, Part C, Title 1 of the Act, 42 U.S.C. §§ 7470-7479, and Title V of the Act, 42 U.S.C. §§ 7661-7661f, at its Coyote Wash, Chapita, Island, Wonsits Valley, and River Bend compressor stations (the "Facilities").
 WHEREAS, EPA administers the Act's programs for National Emission Standards for Hazardous Air Pollutants ("NESHAP"), Prevention of Significant Deterioration ("PSD"), and federal operating permits under Title V of the Act with respect to the Facilities located on Indian country land in Utah.
 WHEREAS, the Complaint alleges, inter alia, QEPFS's Coyote Wash, Chapita, Island, Wonsits Valley, and River Bend compressor stations are all major sources of HAP emissions under Section 112(a)(1) of the Act, 42 U.S.C. § 7412(a)(1), are subject to HH requirements pursuant to  40 C.F.R. §§ 63.760(b)(1) & 63.765(a), and that QEPFS failed to comply with numerous HH requirements concerning the Facilities.
 WHEREAS, the Complaint alleges, inter alia, QEPFS's Coyote Wash, Chapita, Island, Wonsits Valley, and River Bend compressor stations are major sources of HAP emissions, their RICE units are subject to ZZZZ regulations pursuant to 40 C.F.R. § 63.6590(a), and QEPFS failed to comply with numerous ZZZZ requirements regarding the Facilities.
       WHEREAS, the Complaint alleges, inter alia, QEPFS's Coyote Wash, Chapita, Island,

 Wonsits Valley, and River Bend compressor stations are each a "major emitting facility" as





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 defined by Section 169(1) of the Act, 42 U.S.C. § 7479(1), a "major stationary source" as defined by 40 C.F.R. § 52.21(b)(1)(i)(b), and that QEPFS failed to comply with permit requirements concerning the facilities pursuant to Section 165(a) of the Act, 42 U.S.C. § 7475(a), and 40 C.F.R. §§ 52.21(a)(2)(iii), and (j) - (q) (2007).
 WHEREAS, the Complaint alleges, inter alia, QEPFS's Coyote Wash, Chapita, Island, Wonsits Valley, and River Bend compressor stations are each a "Part 71 Source" within the meaning of 40 C.F.R. §§ 71.1 and 71.3, subject to the Title V operating permit program set forth in Title V of the Act at 42 U.S.C. § 7661 - 7661f, and that QEPFS failed to file applications for Part 71 federal operating permits within 12 months after the Chapita and Island Facilities became Part 71 sources and failed to comply with numerous 40 C.F.R. § 71.9 requirements concerning the facilities.
 WHEREAS, on October 7, 2010, the Court granted the motion to intervene of Frances M. Poowegup, Irene C. Cuch, Phillip Chimburas, Curtis Cesspooch, and Richard Jenks, Jr., on May
 15, 2012 granted the motion to intervene of Ron Wopsock, and on May 15, 2012 granted the motion to dismiss the claims of Curtis Cesspooch and Richard Jenks, Jr., with prejudice.
 WHEREAS, Defendant QEPFS has denied and continues to deny the allegations in the Complaint and Complaint-in-Intervention and maintains that it has been and remains in compliance with the Act, is not liable for civil penalties or injunctive relief, and that it is agreeing to the obligations imposed by this Consent Decree solely to avoid further costs and uncertainty of litigation.
       WHEREAS, the United States, QEPFS, and Plaintiff-Intervenors recognize, and the

 Court by entering this Consent Decree finds, that this Consent Decree has been negotiated by the





                                                          2
                                                           




 Parties in good faith and will avoid litigation between the Parties and that this Consent Decree is fair, reasonable, and in the public interest.
 NOW, THEREFORE, before the taking of any testimony, without the adjudication or admission of any issue of fact or law except as provided in Section I, and with the consent of the Parties, IT IS HEREBY ADJUDGED, ORDERED, AND DECREED as follows:

                                       I.  JURISDICTION AND VENUE

       1.	This Court has jurisdiction over the subject matter of this action, pursuant to 28

 U.S.C. §§ 1331, 1345, and 1355, and Section 113(b) of the Act, 42 U.S.C. § 7413(b), and over the Parties.  Venue lies in this District pursuant to Section 113(b) of the Act, 42 U.S.C.
 § 7413(b), and 28 U.S.C. § 1391(c) and 1395(a), because the violations alleged in the Complaint are alleged to have occurred in, and Defendant conducts business in, this judicial district.  For purposes of this Decree, or any action to enforce this Decree, Defendant consents to the Court=s jurisdiction over this Decree and any such action and over Defendant and consents to venue in this judicial district.
 2.	For purposes of this Consent Decree, Defendant agrees that the Complaint states claims upon which relief may be granted pursuant to Section(s) 112 of the Clean Air Act
 ("Act"), 42 U.S.C. § 7412; Part C, Title 1 of the Act, 42 U.S.C. §§ 7470-7479; and Title V of the

 Act, 42 U.S.C. §§ 7661-7661f.

                                              II.  APPLICABILITY

       3.	The obligations of this Consent Decree apply to and are binding upon the United
 States, Plaintiff-Intervenors, and Defendant, and upon any successors, assigns, or other entities or persons otherwise bound by law.


                                                          3
                                                           




 4.	QEPFS will condition any transfer, in whole or in part, of ownership of, operation of, or other interest (exclusive of any non-controlling non-operational shareholder or security interest) in, any of the Facilities upon the execution by the transferee of a modification to the Consent Decree which makes the terms and conditions of the Consent Decree apply to such Facility applicable to the transferee.  As soon as possible prior to the transfer, QEPFS shall notify the United States of the proposed transfer and of the specific Consent Decree provisions that the transferee is assuming.  Within a reasonable time thereafter, QEPFS shall provide a certification from the transferee that the transferee has the financial and technical ability to assume the obligations and liabilities under this Consent Decree that are related to the transfer. By no later than sixty (60) days after the transferee executes a document agreeing to substitute itself for QEPFS for all terms and conditions of this Consent Decree that apply to the Facility that is being transferred, the United States, QEPFS, and the transferee shall jointly file with the Court a
 motion requesting the Court to substitute the transferee as the Defendant for those terms and conditions of this Consent Decree that apply to the Facility that is being transferred (if the United States concurs).  If QEPFS does not secure the agreement of the United States to a Joint Motion within sixty (60) days, then QEPFS and the transferee may file a motion without the agreement
 of the United States.  The United States thereafter may file an opposition to the motion.  QEPFS will not be released from the obligations and liabilities of any provision of this Consent Decree unless and until the Court grants the motion substituting the transferee as the Defendant to those provisions.
       5.	Defendant shall provide a copy of this Consent Decree to all officers, employees,

 and agents whose duties include compliance with any provision of this Decree.





                                                          4
                                                           




                                               III.  DEFINITIONS

 6.	Terms used in this Consent Decree that are defined in the Act or in regulations promulgated pursuant to the Act shall have the meanings assigned to them in the Act or such regulations, unless otherwise provided in this Decree.  Whenever the terms set forth below are used in this Consent Decree, the following definitions shall apply:
       a.	"Complaint" shall mean the complaint filed by the United States in this action;

 b.	"Complaint in Intervention" shall mean the complaint, and amendments thereto, filed by the Plaintiff-Intervenors in this action;
       c	"Consent Decree" or "Decree" shall mean this Decree;

 d.	"Day" shall mean a calendar day unless expressly stated to be a business day.  In computing any period of time under this Consent Decree, where the last day would fall on a Saturday, Sunday, or federal holiday, the period shall run until the close of business of the next business day;
 e.	"Defendant" shall mean QEP Field Services Company ("QEPFS"), successor by name change to Questar Gas Management Company;
 f.	"EPA" shall mean the United States Environmental Protection Agency and any of its successor departments or agencies;
       g.	"Effective Date" shall have the definition provided in Section XIV.
 h.	"Facilities" (or, individually, "Facility") shall mean Defendant=s Coyote Wash, Chapita, Island, Wonsits Valley, and River Bend compressor stations in Uintah County, Utah. Provided, however, that references to the "Facilities" in Section V (Compliance Requirements) shall not include the River Bend Facility, as that Facility shall be closed in accordance with the terms of this Consent Decree.


                                                          5
                                                           




       i.	"Paragraph" shall mean a portion of this Decree identified by an arabic numeral;

 j.	"Parties" shall mean the United States, Defendant, Plaintiff-Intervenors, and the Tribe (the latter of which is a party to this action and this Consent Decree to the limited extent that it was granted intervention under the Court's January 13, 2010 Order (Docket No. 142) solely for sovereign jurisdictional issues raised by the claims and defenses in this case, and also for the purpose of Paragraphs 27 and 77 hereof regarding creation by it of an entity to administer the Tribal Clean Air Trust Fund);
       k.	"Plaintiff-Intervenors" shall mean Frances M. Poowegup, Irene C. Cuch, Phillip

 Chimburas, and Ron Wopsock;

       l.	"Section" shall mean a portion of this Decree identified by a roman numeral;

       m.	"Tribe" shall mean the Ute Indian Tribe of the Uintah and Ouray Reservation; and n.		"United States" shall mean the United States of America, acting on behalf of
 EPA.

                                               IV.	CIVIL PENALTY

 7.	Not later than 30 Days after the Effective Date of this Consent Decree, Defendant shall pay the sum of $3,650,000 to the United States as a civil penalty, together with interest accruing thirty (30) days after the Effective Date, if the Civil Penalty is not timely paid at the rate specified in 28 U.S.C. § 1961 as of the date of lodging.
 8.	Defendant shall pay the civil penalty due by FedWire Electronic Funds Transfer ("EFT") to the U.S. Department of Justice in accordance with written instructions to be timely provided to Defendant, following lodging of the Consent Decree, by the Financial Litigation Unit of the U.S. Attorney's Office for the District of Utah.  At the time of payment, Defendant
 shall send a copy of the EFT authorization form and the EFT transaction record, together with a


                                                          6
                                                           




 transmittal letter, which shall state that the payment is for the civil penalty owed pursuant to the Consent Decree in United States v. Questar Gas Management Co., and shall reference the civil action number and DOJ case number 90-5-2-1-08432, to the United States in accordance with Section XIII of this Decree (Notices); by email to acctsreceivable.CINWD@epa.gov; and by mail to:
       EPA Cincinnati Finance Office
       26 Martin Luther King Drive
       Cincinnati, Ohio 45268

       9.	Defendant shall not deduct any penalties paid under this Decree pursuant to this

 Section or Section VIII (Stipulated Penalties) in calculating its federal income tax.
 V.  COMPLIANCE REQUIREMENTS A.	River Bend Compressor Facility

 10.	Within 60 days of the effective date of this Consent Decree, QEPFS shall permanently shut-down the River Bend Compressor Facility by taking all equipment out of service and blind-flanging the inlet and outlet piping of the Facility, and withdrawing its March
 2006 Part 71 permit application for the Facility. B.	Equipment Removal Requirements
 11.	Not later than the Effective Date of this Consent Decree, QEPFS shall remove the glycol dehydration unit reboilers from the Chapita and Coyote Wash Facilities.
 12.	Not later than 30 days after the Effective Date of this Consent Decree, QEPFS shall place its order for all equipment necessary to remove the TK-200 and TK-300 condensate storage tanks, as identified in QEPFS' October 2006, Title V permit application, from the Coyote Wash Facility.  QEPFS shall physically remove such tanks not later than 120 days after receipt
 of such equipment.


                                                          7
                                                           




 13.	Not later than 60 days after the Effective Date of this Consent Decree, QEPFS shall blind flange one rich burn engine from both the Island and Coyote Wash Compressor Facilities (leaving each facility with no more than one rich burn engine), so as to remove such engines from service.  Not later than 90 days after the Effective Date of this Consent Decree, QEPFS shall move such engines to the adjacent yard or to another location off site.
 14.	Not later than 30 days after completing the requirements of Paragraphs 11 - 13 of this Consent Decree, QEPFS shall certify to EPA that it has completed such requirements and shall identify the dates each action was completed.
 C.        Dehydrator Requirements

 15.	The dehydrators located at the Wonsits Valley and Island Facilities are subject to "major source" standards under 40 C.F.R. Part 63, Subpart HH  -  NESHAPs for oil and natural gas facilities (hereinafter "Subpart HH").  To comply with the control device requirements of Subpart HH, Defendant shall install and operate, within 60 days of the Effective Date of this Consent Decree, flares connected to the existing dehydrators at the Wonsits Valley and Island Facilities pursuant to the requirements of 40 C.F.R. § 63.765(b)(1)(i).  Pursuant to 40 C.F.R. §
 63.771(d)(1)(iii), the flares shall be designed and operated in accordance with the requirements of 40 C.F.R. § 63.11(b).  The initial notification requirements of 40 C.F.R. § 63.9(b)(4) shall be deemed satisfied on the Effective Date of this Consent Decree.
 16.	After the installation of the flares required by Paragraph 15, QEPFS shall comply with all other initial compliance determination, notification, and reporting requirements in 40
 C.F.R. Part 63, Subparts A and HH within the time set forth in the regulations.  For purposes of the initial compliance determination, notification, and reporting requirements of 40 C.F.R. §
 63.775(d), the "compliance date" shall be the Effective Date of this Consent Decree.


                                                          8
                                                           




 17.	The flares installed pursuant to Paragraph 15 shall achieve a 95percent by weight or greater reduction of VOC emissions from the dehydrator process vent stream at all times except as provided in Paragraph 17(b).
 a.	Compliance with 40 C.F.R. § 63.11(b), and with the associated monitoring and recordkeeping required in 40 C.F.R. §§ 63.773(d)(3)(i)(C) and 63.774(b) and (e), shall be sufficient to determine compliance with this 95percent VOC reduction requirement of this Paragraph.
             b.	During periods of time when the pilot flame at the flares is off, QEPFS

 shall re-light the pilot flame or route emissions from the dehydrator process vent stream to a

 back-up combustor as expeditiously as practicable.  The back-up combustors shall achieve a 95percent by weight or greater reduction of VOC emissions from the dehydrator process vent stream when in use, determined by the pilot flame on the combustor being on when in use.  The time period during which the glycol dehydrator is operated without either (1) a flare with the pilot flame on
 or (2) the back-up combustor with its pilot flame on shall not exceed 140 hours at the Wonsits Valley Facility and 500 hours at the Island Facility. Nothing in this Paragraph shall affect QEPFS's obligation to meet applicable requirements of 40 C.F.R. Part 63.
 18.	Not later than 90 days after the Effective Date of this Consent Decree, QEPFS shall certify to EPA that the actions required in Paragraph 15 have been completed and the date on which they were completed.
 D.	Condensate Tanks

 19.	QEPFS shall, within 30 days of the Effective Date of this Consent Decree, connect the condensate storage tanks at the Chapita (TO-1, TO-2), Island (TO-1, TO-2) and Wonsits Valley Facilities (T-1) to an existing or new combustor at those Facilities.  Within 60
 Days of the Effective Date of this Consent Decree, QEPFS shall certify to EPA that the design of



the conveyance systems from these condensate storage tanks to the combustors does not, under normal operating conditions, cause or contribute to a release of volatile organic compounds from the storage tanks through thief hatches or pressure relief valves.  QEPFS shall equip the combustors with thermocouples (or other heat sensing monitoring devices) to continuously monitor the presence of the pilot flame.  QEPFS shall comply with the provisions of this Paragraph at the Coyote Wash Compressor Station (TK-200 and TK-300) until the tanks are removed pursuant to Paragraph 12.
 20.	QEPFS shall monitor and record the presence of a pilot flame with a continuous recording device, such as a chart recorder or similar device.
 21.	Not later than 60 days after the Effective Date of this Consent Decree, QEPFS shall certify to EPA that the actions required in Paragraph 19 have been completed and identify the dates on which they were completed.
 E.	RICE Requirements

       22.	RICE with a site rating of 500 hp or greater at the Facilities are subject to 40
 C.F.R. Part 63, Subpart ZZZZ-National Emission Standards for Hazardous Air Pollutants from Stationary Reciprocating Internal Combustion Engines (hereinafter "Subpart ZZZZ").  For purposes of Subpart ZZZZ compliance, the Facilities shall become existing affected major sources under Subpart ZZZZ as of the Effective Date of this Consent Decree.  The initial notification requirements of 40 C.F.R. § 63.9(b), 40 C.F.R. § 63.6645, and any other initial notifications required by ZZZZ for all existing RICE at the Facilities, shall be deemed satisfied on the Effective Date of this Consent Decree.  QEPFS shall thereafter comply with all other compliance demonstration, notification, and reporting requirements of 40 C.F.R. Part 63, Subparts A and ZZZZ by the date set forth in the regulations.  For purposes of the testing and


                                                          10
                                                           




 initial compliance requirements in 40 C.F.R. § 63.6610 and the compliance reporting requirements in 40 C.F.R. § 63.6650(b), the "compliance date" and "start up" date shall be the Effective Date of this Consent Decree.  Performance tests must be conducted at any load condition within plus or minus 10 percent of 100 percent load unless the engine cannot achieve plus or minus 10 percent of 100 percent load at the time of the test.  Under such circumstances, the engine shall be tested at maximum achievable load, and the differential pressure across the catalyst shall be monitored and shall be maintained consistent with operating limitations in Subpart ZZZZ.  If the engine load is increased by 20 percent or greater averaged over a 30 day period commencing within 60 days of the last test, then the engine shall be re-tested at the newly achievable maximum load and the corresponding differential pressure established.  For the purposes of this provision regarding engine load during and after performance testing, QEPFS shall monitor and record load at each engine.
       23.	For RICE with a site rating of 500 hp or greater operated at the Facilities, QEPFS

 shall comply with the requirements specified below:

             a.	Emissions Control

 (1)	Rich burn engines.  QEPFS has installed and is operating a non- selective catalytic reduction (NSCR) control device and an air-fuel ratio (AFR) device on the rich-burn RICE at the Island and Coyote Wash Facilities.  The rich burn RICE at Coyote Wash shall not exceed emission limits of 1.0 gram per horse power hour (g/hp-hr) for NOx and 1.0 g/hp-hr for CO.  The rich burn RICE at Island shall not exceed emission limits of 8.0 g/hp-hr for NOx and 5.0 g/hp-hr for CO.
                   (2)	Lean burn engines.  QEPFS has installed and is operating an

 oxidation catalyst control device on each lean burn RICE.  All lean burn RICE at the Coyote


                                                          11
                                                           




 Wash and Wonsits Valley Facilities shall not exceed an emission limit of 1.0 g/hp-hr for NOx and 1.0 g/hp-hr for CO, except that engine C206 (Waukesha A27; serial number C-13271/2) at the Wonsits Valley Facility shall not exceed an emission limit of 1.30 g/hp-hr for NOx.  The three existing lean burn RICE at the Chapita Facility shall not exceed 2.50 g/hp-hr for NOx and
 1.0 g/hp-hr for CO.

 b.	Emissions Controls Maintenance.  Oxygen sensors shall be replaced within 2000 hours of engine run time.
             c.	Performance Testing for NOx and CO.

 (1)	Not later than 180 days after the Effective Date of the Consent Decree, QEPFS shall conduct initial performance tests for NOx and CO emissions on each RICE using the test protocol selected from the list below.
 (2)	QEPFS shall retest each RICE semi-annually using the test protocol selected from the list below.  QEPFS shall submit to EPA the test results for NOx and CO with the semi-annual report required pursuant to Subpart ZZZZ.
 (3)	The test must be conducted at any load condition within plus or minus 10 percent of 100 percent load unless the engine cannot achieve plus or minus 10 percent of 100 percent load at the time of the test.  Under such circumstances, the engine shall be tested at maximum achievable load, and the differential pressure across the catalyst shall be monitored and shall be maintained consistent with operating limitations in Subpart ZZZZ.  If the engine load is increased by 20 percent or greater averaged over a 30 day period commencing within 60
 days of the last test, then the engine shall be re-tested at the newly achievable maximum load and

 the corresponding differential pressure established.  For the purposes of this provision regarding





                                                          12
                                                           




 engine load during and after performance testing, QEPFS shall monitor and record load at each engine.
 (4)	QEPFS shall select among the following test methods:  40 C.F.R. Part 60, Appendix A, Method 1 or 1A - Sampling port location and number of traverse points;
 40 C.F.R. Part 60, Appendix A, Method 3, 3A or 3B - O2 concentration at inlet and outlet;  40

 C.F.R. Part 60, Appendix A, Method 4 - Moisture Content; 40 C.F.R. Part 60, Appendix A, Method 7E  -  Determination of nitrogen oxides emissions;  40 C.F.R. Part 60, Appendix A, Method 10  -  Determination of carbon  monoxide emissions.
 F.	40 C.F.R. Part 71 (Clean Air Act Title V) Operating Permit Requirements

 24.       The Coyote Wash, Chapita, Island, and Wonsits Valley Facilities are each subject to the requirements of 40 C.F.R. Part 71.  Not later than 180 days after the Effective Date of this Consent Decree, QEPFS shall submit updated Part 71 permit applications for the Wonsits
 Valley, Coyote Wash, Chapita, and Island Compressor Facilities that reflect current operations. Not later than 60 days after receipt of the Part 71 permit applications, EPA shall notify QEPFS whether the Part 71 permit applications are complete.  EPA shall not unreasonably delay its determination that the applications are complete. EPA agrees to propose as Part 71 permit conditions, the specific emission limits, operating parameters, monitoring requirements, and recordkeeping requirements set forth in Paragraphs 15, 16, 17, 19, 20, 22, and 23 in the Part 71 permits that it proposes for public comment.  QEPFS may contest any permit conditions inconsistent with this Consent Decree in the proposed Part 71 permits in accordance with the provisions of 40 C.F.R. Part 71.11.  The requirements under Paragraphs 15, 16, 17, 19, 20, 22, and 23 are deemed "applicable requirements" under Part 71 and Title V of the Clean Air Act.
 EPA shall propose for public comment draft Part 71 permits for two of the Facilities within 90


                                                          13
                                                           




 days after each application is deemed complete; EPA shall propose for public comment draft Part

 71 permits for the remaining two Facilities within 180 days after each application is deemed complete.  The United States agrees that the provisions of Paragraphs 15, 16, 17, 19, 20, 22, and
 23 of this Consent Decree include adequate monitoring to assure that the Facilities meet the limits, standards, and requirements set forth in this Decree.
 G.	Limits on Emissions

       25.	The emission limits and control requirements set forth in Paragraphs 15, 16, 17,

 22, and 23 of this Consent Decree are "federally enforceable" and "legally enforceable" for purposes of calculating the potential to emit of HAPs, VOCs, NOx, and CO emissions at the Coyote Wash, Chapita, Wonsits Valley, and Island Facilities under the Clean Air Act and any implementing regulations, including PSD/NSR applicability. In addition, the monitoring, reporting, and recordkeeping requirements provided for in this Consent Decree ensure that the emission limits and control requirements are enforceable as a practical matter, which is sometimes referred to as "practicably enforceable."
      VI.  ADDITIONAL INJUNCTIVE RELIEF/TRIBAL CLEAN AIR MITIGATION PROJECT

 26.	Not later than 180 days after the Effective Date of this Consent Decree, QEPFS shall convert all natural gas powered pneumatic instrument control systems at the Facilities to compressed instrument air systems.  Not later than 30 days after completing this project, QEPFS shall submit a report to EPA with a description of the work completed.
 27.	Not later than 60 Days after the Effective Date of this Consent Decree, Plaintiff- Intervenors shall form a non-profit corporation (referred to herein as the "Tribal Clean Air Trust Fund") in accordance with applicable Utah or tribal law and this Paragraph of the Decree,
 including the filing of bylaws and articles of incorporation, to fund beneficial environmental


                                                          14
                                                           




 projects on the Uintah and Ouray Reservation of Northern Utah, including projects to reduce emissions of air pollution on the Reservation, mitigate the impacts of air pollution on tribal members, screen for air pollution related health impacts among tribal members, or educate tribal members about the deleterious impacts of air pollution on public health and the environment. Creation of the Tribal Clean Air Trust Fund under tribal law is contingent on the creation of a non-profit corporation for the purposes set forth in this Consent Decree, including the provisions in this Paragraph concerning the uses of and limitations on assets of the Tribal Clean Air Trust Fund, that was subject to timely review and consent of the Parties prior to its creation.
 a.	The assets of the Tribal Clean Air Trust Fund shall not be commingled with property of the Ute Indian Tribe of the Uintah and Ouray Reservation, and grants from the Tribal Clean Air Trust Fund shall not be made to or for the benefit of any Party to this action. Assets of the Tribal Clean Air Trust Fund shall not be used to enforce this Consent Decree directly or indirectly or to pursue any claim, action, demand, or proceeding against QEPFS or its employees, affiliates, successors, or assigns, including but not limited to claims under the Clean Air Act, and the bylaws and/or articles of incorporation of the Tribal Charitable Trust Fund shall expressly state this limitation on the use of its assets.
 b.	In satisfaction of the claims of Plaintiff-Intervenors, not later than 90 Days after the Effective Date of this Consent Decree, or such later date as provided in Paragraph 27.c, below, Defendant shall pay $350,000 to the Tribal Clean Air Trust Fund, payable in accordance with written instructions that shall be provided to Defendant by the Tribal Clean Air Trust Fund.
 c.	In the event bylaws and articles of incorporation governing the administration of the Tribal Clean Air Trust Fund as required in Paragraph 27, above, have not
 been timely filed with the State of Utah or pursuant to tribal law, or if the Tribal Clean Air Trust


                                                          15
                                                           




 Fund has not provided payment instructions as required in Paragraph 27.b, Defendant shall not make the payment required in Paragraph 27.b.  In that event Defendant shall make the payment required within 30 Days of receiving the bylaws, articles of incorporation, and payment instructions; except that if the Plaintiff-Intervenors (or the Board of Directors of the Tribal Clean Air Trust Fund) do not establish and provide the bylaws or articles of incorporation within 120
 Days of the Effective Date of this Consent Decree, QEPFS's obligation to make the payment required in Paragraph 27.b shall terminate.
 d.	Plaintiff-Intervenors' right to enforce QEPFS's obligations under this Consent Decree, whether through dispute resolution, an action in court, or any other means shall be limited to a claim or dispute with respect to QEPFS's obligation to make the payment required under this Paragraph 27.
                        VII.  REPORTING REQUIREMENTS

       28.	On the date QEPFS submits its annual or other periodic reports pursuant to 40
 C.F.R. Subparts HH or ZZZZ or, if no such reports are submitted during a calendar year, not later than January 31 of the succeeding calendar year, Defendant shall submit a report for the preceding year that shall include a description of any non-compliance with the requirements of this Consent Decree and an explanation of the violation's likely cause and of the remedial steps taken, or to be taken, to prevent or minimize such violation. If the cause of a violation cannot be fully explained at the time the report is due, Defendant shall so state in the report.  Defendant shall thereafter investigate the cause of the violation and shall then submit an amendment to the report, including a full explanation of the cause of the violation, within 30 Days of the Day Defendant becomes aware of the cause of the violation.  Nothing in this Paragraph or the





                                                          16
                                                           




 following Paragraph relieves Defendant of its obligation to provide the notice required by

 Section IX of this Consent Decree (Force Majeure).

 29.	Whenever any violation of this Consent Decree, or any other event affecting Defendant's performance under this Decree poses an immediate threat to the public health or welfare or the environment, Defendant shall notify EPA orally or by electronic or facsimile transmission as soon as possible, but no later than 24 hours after Defendant first knew of the violation or event.  This procedure is in addition to the requirements set forth in the preceding Paragraph.
 30.	All reports shall be submitted to the EPA official designated in Section XIII of this Consent Decree (Notices).
 31.	Each report submitted by Defendant under this Section shall be signed by an official of the submitting party and include the following certification:
       I certify that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.  Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete.  I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

 This certification requirement does not apply to emergency or similar notifications where compliance would be impractical.
 32.	The reporting requirements of this Consent Decree do not relieve Defendant of any reporting obligations required by the Clean Air Act or implementing regulations, or by any
 other federal, state, or local law, regulation, permit, or other requirement.






                                                          17
                                                           




  33.	Any information provided pursuant to this Consent Decree may be used by the United States in any proceeding to enforce the provisions of this Consent Decree and as otherwise permitted by law.
                           VIII.  STIPULATED PENALTIES

  34.	Defendant shall be liable for stipulated penalties to the United States for violations of this Consent Decree as specified below, unless excused under Section IX (Force Majeure) or Section X (Dispute Resolution).  Only as specified below, a violation includes failing to perform any obligation required by the terms of this Decree, including any work plan or schedule approved under this Decree, according to all applicable requirements of this Decree and within the specified time schedules established by or approved under this Decree.
  35.	Late Payment of Civil Penalty.  If Defendant fails to pay the civil penalty required to be paid under Section IV of this Decree (Civil Penalty) when due, Defendant shall pay a stipulated penalty of $1000 per Day for each Day that the payment is late.
                            36.	Stipulated Penalty Amounts:

                                       a.	Dehydrators


                                          Violation
             Stipulated Penalty
 1.
 For failure to install and operate flares and
 combustors as specified in Paragraph 15 and 17.
 For each unit:  $1,000 per day for the first
 30 days of noncompliance, $1,500 per day
 from the 31st to 60th day of noncompliance, and
 $2,000 per day thereafter.
















                                                          18
                                                           




              b.	Condensate Tanks


                                          Violation
             Stipulated Penalty
 1.
 For failure to comply with the obligations specified in Paragraph 19.
 For each unit:  $1,000 per day for the first
 30 days of noncompliance, $1,500 per day
 from the 31st to 60th day of noncompliance, and
 $2,000 per day thereafter.
 2.
 For failure to remove condensate tanks as
 specified in Paragraph 12.
 For each unit:  $1,000 per day for the first
 30 days of noncompliance, $1,500 per day
 from the 31st to 60th day of noncompliance, and
 $2,000 per day thereafter.

              c.	Compressor Engines


                                          Violation
             Stipulated Penalty
 1.
 For failure to blind flange engines as specified in Paragraph 13.
 For each unit:  $1,000 per day for the first
 30 days of noncompliance, $1,500 per day
 from the 31st to 60th day of noncompliance, and
 $2,000 per day thereafter.
 2.
 For failure remove engines as specified in
 Paragraph 13.
 For each unit:  $500 per day for the first
 30 days of noncompliance, $1,000 per day
 from the 31st to 60th day of noncompliance, and
 $1,500 per day thereafter.
 3.
 For failure to conduct tests on the RICE
 emission controls as required by
 Paragraph 23(c).
 For each unit:  $500 per day for the first
 30 days of noncompliance, $1,000 per day
 from the 31st to 60th day of noncompliance, and
 $1,500 per day thereafter.
 4.
 For failure to meet the emissions limits in
 Paragraph 23(a).
 For each unit:  $500 per day for the first
 30 days of noncompliance, $1,000 per day
 from the 31st to 60th day of noncompliance, and
 $1,500 per day thereafter.
 5.
 For failure to meet the requirements of
 Paragraph 23(b).
 For each unit:  $500 per day for the first
 30 days of noncompliance, $1,000 per day
 from the 31st to 60th day of noncompliance, and
 $1,500 per day thereafter.











                                                          19
                                                           




              d.	Pneumatic Controllers


                                          Violation
             Stipulated Penalty
 1.
 For failure to convert natural gas powered pneumatic instrument control systems to compressed instrument air systems as specified in Paragraph 26.
 For each unit:  $200 per day for the first
 30 days of noncompliance, $500 per day from the 31st to 60th day of noncompliance, and
 $1,000 per day thereafter.


              e.	General Recordkeeping/Reporting Requirements


                                          Violation
             Stipulated Penalty
 1.
 For failure to maintain records or submit
 reports as required by Paragraphs 14, 17,
 18, 20, 21, 22, 23(c)(3), and 28.
 For each violation:  $200 per day for the first
 30 days of noncompliance, $500 per day from the 31st to 60th day of noncompliance, and
 $1,000 per day thereafter.


  37.	Except as provided in Paragraph 40 and its subparts below, stipulated penalties under this Section shall begin to accrue on the Day after performance is due or on the Day a violation occurs, whichever is applicable, and shall continue to accrue until performance is satisfactorily completed or until the violation ceases.  Stipulated penalties shall accrue simultaneously for separate violations of this Consent Decree.
  38.	QEPFS shall pay stipulated penalties upon written demand by the United States no later than sixty (60) days after QEPFS receives such demand.  A demand for the payment of stipulated penalties shall identify the particular violation(s) to which the stipulated penalty relates, the stipulated penalty amount that the United States is demanding for each violation (as best can be estimated), the calculation method underlying the demand, and the grounds upon which the demand is based.
  39.	The United States may in the unreviewable exercise of its discretion, reduce or waive stipulated penalties otherwise due it under this Consent Decree.
        40.	Stipulated penalties shall not accrue and need not be paid during any Dispute

  Resolution, as provided below:

                                                          20
                                                           




 a.	In the event of a dispute over stipulated penalties, stipulated penalties will not accrue commencing upon the date that QEPFS notifies the United States of a dispute in accordance with Paragraph 55 if QEPFS has placed the disputed amount demanded in a commercial escrow account with interest.
 b.	If the dispute is resolved by agreement or by a decision of the United States that is not appealed to the Court, Defendant shall pay the escrowed amount of penalties or other amount determined to be owing, together with interest, to the United States within 30 Days of the Effective Date of the agreement or the receipt of EPA=s decision or order.
             c.	If the dispute is appealed to the Court and thereafter is resolved in QEPFS'

 favor, the escrowed amount plus accrued interest will be returned to QEPFS; otherwise, EPA will be entitled to the amount that was determined to be due by the Court, plus the interest that has accrued in the escrow account on such amount.
 41.	Defendant shall pay stipulated penalties owing to the United States in the manner set forth and with the confirmation notices required by Paragraph 8 unless the United States provides alternate payment instructions, except that the transmittal letter shall state that the payment is for stipulated penalties and shall state for which violation(s) the penalties are being paid.
       42.	If Defendant fails to pay stipulated penalties according to the terms of this

 Consent Decree, Defendant shall be liable for interest on such penalties, as provided for in
 28 U.S.C. § 1961, accruing as of the date payment became due.  Nothing in this Paragraph shall be construed to limit the United States from seeking any remedy otherwise provided by law for Defendant's failure to pay any stipulated penalties.





                                                          21
                                                           




 43.	Subject to the provisions of Section XII of this Consent Decree (Effect of Settlement/Reservation of Rights), the stipulated penalties provided for in this Consent Decree shall be in addition to any other rights, remedies, or sanctions available to the United States for Defendant's violation of this Consent Decree or applicable law.  Where a violation of this Consent Decree is also a violation of the Clean Air Act, 43 U.S.C. § 7401, et seq., or its implementing regulations, Plaintiff may seek stipulated penalties or statutory penalties for the violation, but not both.
                                             IX.  FORCE MAJEURE

 44.	If any event occurs or fails to occur which causes a delay or impediment to performance in complying with any provision of this Consent Decree that QEPFS believes to be a force majeure, QEPFS shall notify the EPA official specified in Section XIII (Notice) of its force majeure claim in writing as soon as practicable, but in any event within twenty (20)
 business days of the date when QEPFS first knew of the event or should have known of the event by the exercise of due diligence.  In this notice, QEPFS shall specifically reference this
 Paragraph and describe the anticipated length of time the delay may persist, the cause or causes of the delay, and the measures taken or to be taken by QEPFS to prevent or minimize the delay and the schedule by which those measures will be implemented.  QEPFS shall take all reasonable steps to avoid or minimize such delays.  The notice required by this part will be effective upon
 the mailing of the same by overnight mail or by certified mail, return receipt requested, to EPA

 as specified in Section XIII (Notices).

      45.	Failure by QEPFS to substantially comply with the notice requirements of

 Paragraph 44 shall render this Section IX (Force Majeure) voidable by the United States as to the





                                                          22
                                                           




 specific event for which QEPFS has failed to comply with such notice requirement, and, if voided, is of no effect as to the particular event involved.
 46.	The United States shall notify QEPFS in writing regarding its claim of a delay or impediment to performance within forty-five (45) days of receipt of the force majeure notice provided under Paragraph 44.
 47.	If the United States agrees that the delay or impediment to performance has been or shall be caused by circumstances beyond the control of QEPFS including any entity controlled by QEPFS and that QEPFS could not have prevented the delay by the exercise of due diligence, the United States and QEPFS shall stipulate in writing to an extension of the required deadline(s) for all requirement(s) affected by the delay by a period equivalent to the delay actually caused by such circumstances.  Such stipulation shall be treated as a non-material change to the Consent Decree pursuant to Paragraph 77, and therefore shall not need to be approved by the Court. QEPFS will not be liable for stipulated penalties for the period of any such delay.
 48.	If the United States does not accept QEPFS's claim of a delay or impediment to performance, QEPFS must submit the matter to the Court for resolution to avoid payment of stipulated penalties, by filing a petition for determination with the Court by no later than 60 Days after receipt of the notice in Paragraph 46.  Once QEPFS has submitted this matter to the Court, the United States shall have 60 Days to file its response to the petition.  If the Court determines that the delay or impediment to performance has been or shall be caused by circumstances
 beyond the control of QEPFS including any entity controlled by QEPFS and that the delay could not have been prevented by QEPFS by the exercise of due diligence, QEPFS shall be excused as to that event(s) and delay (including stipulated penalties), for a period of time equivalent to the
 delay caused by such circumstances.


                                                          23
                                                           




 49.	QEPFS shall bear the burden of proving that any delay of any requirement(s) of this Consent Decree was caused by or will be caused by circumstances beyond its/their control, including any entity controlled by it, and that it could not have prevented the delay by the exercise of due diligence.  QEPFS shall also bear the burden of proving the duration and extent of any delay(s) attributable to such circumstances.  An extension of one compliance date based on a particular event may, but will not necessarily, result in an extension of a subsequent compliance date or dates.
 50.	Unanticipated or increased costs or expenses associated with the performance of QEPFS's obligations under this Consent Decree shall not constitute circumstances beyond its control or serve as the basis for an extension of time under this Section IX.
 51.	Notwithstanding any other provision of this Consent Decree, the Parties do not intend that QEPFS's serving of a force majeure notice or the Parties' inability to reach agreement shall cause this Court to draw any inferences nor establish any presumptions adverse to any
 Party.

 52.	As part of the resolution of any matter submitted to this Court under this Section IX, the United States and QEPFS by agreement, or the Court, by order, may in appropriate circumstances extend or modify the schedule for completion of work under the Consent Decree to account for the delay in the work that occurred as a result of any delay or impediment to
 performance agreed to by the United States or approved by this Court.  QEPFS shall be liable for stipulated penalties for their failure thereafter to complete the work in accordance with the
 extended or modified schedule.








                                                          24
                                                           




                                          X.  DISPUTE RESOLUTION

 53.	This Court shall retain jurisdiction of this matter for the purposes of implementing and enforcing the terms and conditions of the Consent Decree and for the purpose of
 adjudicating all disputes that may arise under the provisions of the Consent Decree, until the Consent Decree terminates in accordance with Section XVII of this Consent Decree (Termination).
 54.       The dispute resolution procedure set forth in this Section X will be available to resolve any and all disputes arising under this Consent Decree, provided that the Party making such application has made a good faith attempt to resolve the matter with the other Parties.
 55.	The dispute resolution procedure required herein will be invoked upon the giving of written notice by one of the Parties to this Consent Decree to another advising the other appropriate Party(ies) of a dispute pursuant to this Section X.  The notice will describe the nature of the dispute, and will state the noticing Party's position with regard to such dispute.  The Party or Parties receiving such notice will acknowledge receipt of the notice and the Parties will expeditiously schedule a meeting to discuss the dispute informally.
 56.	Disputes submitted to dispute resolution will, in the first instance, be the subject of informal negotiations between the Parties.  Such period of informal negotiations will not extend beyond 90 Days from the date of the first meeting between representatives of the Parties, unless the Parties agree in writing that this period should be extended.  Failure by the Parties to extend the informal negotiation period in writing will not terminate the informal negotiation period provided that the Parties are continuing to negotiate in good faith. Informal negotiations
 may include the exchange of written summaries of the Parties' positions.





                                                          25
                                                           




 57.	In the event that the Parties are unable to reach agreement during such informal negotiation period as provided in Paragraph 56, the United States shall provide QEPFS, within
 90 Days after the end of the informal negotiation period, with a written summary of its position regarding the dispute.  QEPFS shall have 30 Days to respond in writing.  The position advanced by the United States shall be considered binding unless, within 45 Days of QEPFS's receipt of the written summary of the United States' position, QEPFS files with the Court a petition which describes the nature of the dispute.  The United States shall respond to the petition within 45
 Days of filing.  In resolving the dispute between the Parties, the position of the United States shall be upheld unless QEPFS demonstrates by a preponderance of the  evidence in the administrative record that the United States' position was incorrect.
 58.	Where the nature of the dispute is such that a more timely resolution of the issue is required, a Party may seek shorter time periods than those set forth in this Section X.
 59.	The Parties do not intend that the invocation of this Section X by a Party shall cause the Court to draw any inferences or establish any presumptions adverse to either Party.
 60.	As part of the resolution of any dispute submitted to dispute resolution, the Parties, by agreement, or this Court, by order, may, in appropriate circumstances, extend or modify the schedule for completion of work under this Consent Decree to account for the delay in the work that occurred as a result of dispute resolution.  QEPFS shall be liable for stipulated penalties for its failure thereafter to complete the work in accordance with the extended or
 modified schedule










                                                          26
                                                           




                XI.  INFORMATION COLLECTION AND RETENTION

 61.	The United States and its representatives, including attorneys, contractors, and consultants, shall have the right of entry into any Facility covered by this Consent Decree, at all reasonable times, upon presentation of credentials, to:
             a.	monitor the progress of activities required under this Consent Decree;

       b.	verify any data or information submitted to the United States in accordance with the terms of this Consent Decree;
             c.	obtain samples and, upon request, splits of any samples taken by

       Defendant or its representatives, contractors, or consultants;

       d.	obtain documentary evidence, including photographs, video, and similar data; and
             e.	assess Defendant's compliance with this Consent Decree.

 62.	Upon request, Defendant shall provide EPA or its authorized representatives splits of any samples taken by Defendant.  Upon request, EPA shall provide Defendant splits of any samples taken by EPA.
 63.	Until five years after the termination of this Consent Decree, Defendant shall retain, and shall instruct its contractors and agents to preserve, all non-identical copies of all documents, records, or other information (including documents, records, or other information in electronic form) in its or its contractors= or agents= possession or control, or that come into its or its contractors= or agents= possession or control, and that relate in any manner to Defendant=s performance of its obligations under this Consent Decree.  This information-retention requirement shall apply regardless of any contrary corporate or institutional policies or
 procedures.  At any time during this information-retention period, upon request by the United


                                                          27
                                                           




 States, Defendant shall provide copies of any documents, records, or other information required to be maintained under this Paragraph.
 64.	At the conclusion of the information-retention period provided in the preceding Paragraph, Defendant shall notify the United States at least 90 Days prior to the destruction of any documents, records, or other information subject to the requirements of the preceding Paragraph and, upon request by the United States, Defendant shall deliver any such documents, records, or other information to EPA.  Defendant may assert that certain documents, records, or other information is privileged under the attorney-client privilege or any other privilege recognized by federal law. If Defendant asserts such a privilege, it shall provide the following: (1) the title of the document, record, or information; (2) the date of the document, record, or information; (3) the name and title of each author of the document, record, or information; (4) the name and title of each addressee and recipient; (5) a description of the subject of the document, record, or information; and (6) the privilege asserted by Defendant.  However, no documents, records, or other information required under this Consent Decree shall be withheld on grounds of privilege.
 65.	Defendant may also assert that information required to be provided under this Section is protected as Confidential Business Information ("CBI") under 40 C.F.R. Part 2.  As to any information that Defendant seeks to protect as CBI, Defendant shall follow the procedures set forth in 40 C.F.R. Part 2.
 66.	This Consent Decree in no way limits or affects any right of entry and inspection, or any right to obtain information, held by the United States pursuant to applicable federal laws,
 regulations, or permits, nor does it limit or affect any rights, duties, or obligations of Defendant





                                                          28
                                                           




 regarding entry and inspection or to maintain documents, records, or other information imposed by applicable federal or state laws, regulations, or permits.
             XII.  EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS

       67.	This Consent Decree resolves:

 a.	The civil and administrative claims of the United States for the violations alleged in the Complaint filed in this action through the date of lodging and all civil and administrative liability of Defendant for violations at the Facilities through the date of lodging of the following statutory or regulatory provisions: (a) PSD requirements at Part C of Subchapter I of the Act, 42 U.S.C. § 7475, and the regulations promulgated thereunder at 40 C.F.R. § 52.21, insofar as they result from initial construction or modification of the Facilities that resulted in a significant net increase of NOx, VOC and/or CO, and commenced and ceased before the Date of Lodging of the Consent Decree; (b) National Emissions Standards for Hazardous Air Pollutants,
 40 C.F.R. Part 63, Subparts A, HH, and ZZZZ; (c) Title V of the Clean Air Act, 42 U.S.C. §

 7661; and (d) Section 114 of the Clean Air Act, 42 U.S.C. § 7414.
 b.	The civil claims of Plaintiff-Intervenors for the violations alleged in the Complaint in Intervention filed in this action through the date of lodging and all civil liability of Defendant to Plaintiff-Intervenors for violations at the Facilities through the date of lodging of the following statutory or regulatory provisions: (a) PSD requirements at Part C of Subchapter I of the Act, 42 U.S.C. § 7475, and the regulations promulgated thereunder at 40 C.F.R. § 52.21, insofar as they result from initial construction or modification of the Facilities that resulted in a significant net increase of NOx, VOC and/or CO, and commenced and ceased before the Date of Lodging of the Consent Decree; (b) National Emissions Standards for Hazardous Air Pollutants,





                                                          29
                                                           




 40 C.F.R. Part 63, Subparts A, HH, and ZZZZ; (c) Title V of the Clean Air Act, 42 U.S.C. §

 7661; and (d) Section 114 of the Clean Air Act, 42 U.S.C. § 7414.

 c.	All claims of the Tribe arising out of the limited grant of intervention under the Court's January 13, 2010 Order (Docket No. 142).
 68.	The United States reserves all legal and equitable remedies available to enforce the provisions of this Consent Decree, except as expressly stated in Paragraph 67, above.  This Consent Decree shall not be construed to limit the rights of the United States to obtain penalties or injunctive relief under the Act or implementing regulations, or under other federal laws, regulations, or permit conditions, except as expressly specified in Paragraph 67.  The United States further reserves all legal and equitable remedies to address any imminent and substantial endangerment to the public health or welfare or the environment arising at, or posed by, Defendant's Facilities.
 69.	In any subsequent administrative or judicial proceeding initiated by the United States for injunctive relief, civil penalties, other appropriate relief relating to the Facilities or Defendant=s violations, Defendant shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by the United States  in the subsequent proceeding were or should have been brought in the instant case, except with respect to claims that have been specifically resolved pursuant to Paragraph 67 of this Section.
 70.	This Consent Decree is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations.  Defendant is responsible for achieving and
 maintaining complete compliance with all applicable federal, State, and local laws, regulations,


                                                          30
                                                           




 and permits; and Defendant=s compliance with this Consent Decree shall be no defense to any action commenced pursuant to any such laws, regulations, or permits, except as set forth herein. The United States does not, by its consent to the entry of this Consent Decree, warrant or aver in any manner that Defendant=s compliance with any aspect of this Consent Decree will result in compliance with provisions of the Act, 42 U.S.C. § 7401, et seq., or with any other provisions of federal, State, or local laws, regulations, or permits.  Provided, however, that no provision of this Consent Decree requires QEPFS to apply for or obtain a permit under the Federal Minor Source Review Program in Indian Country, 40 C.F.R. §§ 49.151-161; any such requirement shall be governed solely by 40 C.F.R. §§ 49.151-161.
 71.	This Consent Decree shall not be construed to create rights in, or grant any cause of action to, any third party not party to this Consent Decree.
                                                 XIII.  NOTICES

 72.	Unless otherwise specified herein, whenever notifications, submissions, or communications are required by this Consent Decree, they shall be made in writing and addressed as follows:
       Notification to the United States:

       Chief, Environmental Enforcement Section Environment and Natural Resources Division U.S. Department of Justice
       Box 7611 Ben Franklin Station
       Washington, D.C.  20044-7611
       Re: DOJ No. 90-5-2-1-08432 and
       Director, Air & Toxics Technical Enforcement Program
       Office of Enforcement, Compliance and Environmental Justice
       U.S. Environmental Protection Agency; Region  8
       1595 Wynkoop Street
       Denver, CO 80202

                                                          31
                                                           






       Notification to EPA:

       Director, Air & Toxics Technical Enforcement Program
       Office of Enforcement, Compliance and Environmental Justice
       U.S. Environmental Protection Agency
       Region  8
       1595 Wynkoop Street
       Denver, CO 80202
       Notification to Defendant: Perry H. Richards
       Senior Vice-President, QEP Resources Inc.
       1050 17th Street; Suite 500
       Denver, CO 80265
       Notification to the Plaintiff-Intervenors: Secretary, Business Committee
       Ute Indian Tribe of the Uintah and Ouray Reservation
       PO Box 190
       Fort Duchesne, UT 84026

 Plaintiff-Intervenors agree that notice to the Secretary of the Business Committee of the Ute Indian Tribe of the Uintah and Ouray Reservation shall constitute notice to each Plaintiff- Intervenor.
 73.	Any Party may, by written notice to the other Parties, change its designated notice recipient or notice address provided above.
 74.	Notices submitted pursuant to this Section shall be deemed submitted upon mailing, unless otherwise provided in this Consent Decree or by mutual agreement of the Parties
 in writing.










                                                          32
                                                           




                                            XIV.  EFFECTIVE DATE

 75.       The Effective Date of this Consent Decree shall be the date upon which this Consent Decree is entered by the Court or a motion to enter the Consent Decree is granted, whichever occurs first, as recorded on the Court=s docket.
                                    XV.  RETENTION OF JURISDICTION

 76.	The Court shall retain jurisdiction over this case until termination of this Consent Decree, for the purpose of resolving disputes arising under this Decree or entering orders modifying this Decree, pursuant to Sections X and XVI, or effectuating or enforcing compliance with the terms of this Decree. The Plaintiff-Intervenors and the Tribe, by virtue of their participation in this litigation and this Consent Decree, have expressly and unequivocally waived sovereign immunity from suit in the federal district court of Utah for the limited purpose of effectuating and enforcing this Consent Decree, including Paragraph 27. The Plaintiff- Intervenors and the Tribe agree that the entity created pursuant to Paragraph 27 (the Tribal Clean Air Trust Fund) shall be considered and deemed an arm of the Tribe and as such also has waived any and all sovereign immunity from suit in the federal district court of Utah for the limited purpose of effectuating and enforcing this Consent Decree, including Paragraph 27. 
                                             XVI.  MODIFICATION
 77.	This Consent Decree contains the entire agreement of the Parties and shall not be modified by any prior oral or written agreement, representation, or understanding.  With the exception of Paragraph 27, which may be modified only by the written agreement of all the Parties, the other terms of this Consent Decree may be modified by a subsequent written agreement signed only by the United States and QEPFS.  The United States may consult with the Ute Indian Tribe of the Uintah and Ouray Reservation regarding any modification to this


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 Consent Decree.  Where a modification constitutes a material change to this Decree, it shall be effective only upon approval by the Court.
 78.	Any disputes concerning modification of this Decree shall be resolved pursuant to Section X of this Decree (Dispute Resolution), provided, however, that, instead of the burden of proof provided by Paragraph 57, the Party seeking the modification bears the burden of demonstrating that it is entitled to the requested modification in accordance with Federal Rule of Civil Procedure 60(b).
                                             XVII.  TERMINATION

 79.	If QEPFS has completed the requirements of Section V (Compliance Requirements) of this Decree, has thereafter maintained substantial compliance with this Consent Decree for a period of 18 months and has paid the civil penalty and any accrued stipulated penalties as required by this Consent Decree, Defendant may serve upon the United States a Notice of Termination, stating that Defendant has satisfied those requirements, together with all necessary supporting documentation. The Notice of Termination shall not include Paragraphs
 17, 19, 20, and 23, which shall survive this Consent Decree.

 80.	Unless the Plaintiff objects in writing with specific reasons within sixty (60) days of receipt of the certification, the Court shall order that this Consent Decree be terminated on QEPFS's motion.  If the Plaintiff objects to QEPFS's certification, then the matter shall be submitted to the Court for resolution under Section X (Dispute Resolution) of this Consent Decree.
       81.	Termination of this Consent Decree will end the Parties' obligations under this
 Decree, including obligations under Section V (Compliance Requirements) and Section VIII (Stipulated Penalties), with the exception of the obligations referenced in Paragraphs 17, 19, 20,


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 and 23, which shall expressly survive termination of this Decree.  The obligations referenced in Paragraphs 17, 19, 20, and 23 shall continue for each Facility until such time as QEPFS ceases operation of the Facility; obtains a federal minor source preconstruction permits for the Facility that include emissions limits for the units and pollutants covered in Paragraphs 17, 19, 20, and
 23; obtains a PSD permit for the Facility that include emissions limits for the units and pollutants covered in Paragraphs 17, 19, 20, and 23; or some combination thereof for each Facility.
       82.	Upon Termination of this Consent Decree pursuant to Paragraph 80, if Title V

 permits have been issued containing the applicable requirements contained in Paragraphs 17, 19,

 20, and 23, Plaintiff shall enforce such applicable requirements through the Title V permits and the Act.
       83.	Upon Termination of this Consent Decree pursuant to Paragraph 80, if Title V

 permits have not been issued or have been issued and expired:

 a.	For violations of "applicable requirements" contained in Section V other than Paragraphs 17, 19, 20, and 23, Plaintiff shall enforce such "applicable requirements" through Section 113 of the CAA, and not through this Consent Decree.
             b.	For violations of "applicable requirements" contained in Paragraphs 17,

 19, 20, and 23, Plaintiff shall enforce such "applicable requirements" through this Consent

 Decree pursuant to motion to the Court.

                                                 XVIII.  COSTS

       84.	The Parties shall bear their own costs in this action, including attorneys' fees.

                                       XIX.  PUBLIC PARTICIPATION

       85.	This Consent Decree shall be lodged with the Court for a period of not less than

 30 Days for public notice and comment in accordance with 28 C.F.R. § 50.7.  The United States


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 reserves the right to withdraw or withhold its consent if the comments regarding the Consent Decree disclose facts or considerations indicating that the Consent Decree is inappropriate, improper, or inadequate.  Defendant consents to entry of this Consent Decree without further notice and agrees not to withdraw from or oppose entry of this Consent Decree by the Court or to challenge any provision of the Decree, unless the United States has notified Defendant in writing that it no longer supports entry of the Decree.
                                        XX.  SIGNATORIES/SERVICE

 86.	Each undersigned representative of Defendant and the Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice certifies that
 he or she is fully authorized to enter into the terms and conditions of this Consent Decree and to execute and legally bind the Party he or she represents to this document.
 87.	This Consent Decree may be signed in counterparts, and its validity shall not be challenged on that basis. Each Party agrees to accept service of process by mail with respect to all matters arising under or relating to this Consent Decree and to waive the formal service requirements set forth in Rules 4 and 5 of the Federal Rules of Civil Procedure and any applicable Local Rules of this Court including, but not limited to, service of a summons.
                                              XXI.  INTEGRATION

 88.	This Consent Decree constitutes the final, complete, and exclusive agreement and understanding among the Parties with respect to the settlement embodied in the Decree and supercedes all prior agreements and understandings, whether oral or written.  No other
 document, nor any representation, inducement, agreement, understanding, or promise, constitutes any part of this Decree or the settlement it represents, nor shall it be used in construing the terms
 of this Decree.


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                                           XXII.  FINAL JUDGMENT

 89.	Upon approval and entry of this Consent Decree by the Court, this Consent Decree shall constitute a final judgment of the Court as to the United States, the Tribe, Plaintiff- Intervenors, and Defendant.
 Dated and entered this 3[rd] day of July, 2012



















































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