
                 United States Environmental Protection Agency
                              Statement of Basis
                             Air Pollution Control
                     Part 71 Title V Permit to Operate for
                          River Bend Dehydration Site
                        Permit No. V-UO-000026-2022.00

The purpose of this document is to set forth the legal and factual basis for permit conditions, including references to applicable provisions of the Clean Air Act (CAA or Act) and implementing regulations of the CAA title V operating permit program at 40 C.F.R. part 71 (Part 71). This document also gives the derivation of conditions as required by 40 C.F.R. § 71.11(b).

EPA Authority to Issue Part 71 Permits 

All major stationary sources of air pollution and certain other sources are required to apply for title V operating permits that include emission limitations and other conditions as necessary to assure compliance with applicable requirements of the CAA, including the requirements of the applicable State Implementation Plan (SIP). CAA §§ 502(a) and 504(a). The title V operating permit program does not generally impose new substantive air quality control requirements (referred to as "applicable requirements"), but does require permits to contain monitoring, recordkeeping, reporting and other requirements to assure source' compliance with applicable requirements. 57 FR 32250, 32251 (July 21, 1992). One purpose of the title V operating permit program is to "enable the source, States, the EPA, and the public to understand better the requirements to which the source is subject, and whether the source is meeting those requirements." 57 FR 32251. Thus, the title V operating permit program is a vehicle for ensuring that air quality control requirements are appropriately applied to the source emission units and for assuring compliance with such requirements.
 
Part 71 programs for Indian country - The Administrator will implement and enforce an operating permits program in Indian country, as defined in § 71.2, when an operating permits program which meets the requirements of Part 70 of this chapter has not been explicitly granted full or interim approval by the Administrator for Indian country.

Facility Information and Description

Applicant and Stationary Source Information

Table 1: Applicant Information
Owner/Operator
Facility SIC/NAIC Code: 1311
Utah Gas Corporation
133 E 1000N
Roosevelt, Utah  84066
River Bend Dehydration Site
Latitude: 39.94851N
Longitude: 109.77057W
         
         
         
Table 2: Stationary Source Information
Responsible Official
Facility Contact
Russ Knight
President
Utah Gas Corporation
760 Horizon Drive, Suite 400
Grand Junction, Colorado  81506
(970) 749-9750
Ken Secrest
Regulatory Coordinator
Utah Gas Corporation
133 E 1000N
Roosevelt, Utah  84066
(970) 675-4440 Ext. 7947

Facility Description
River Bend Dehydration Site (River Bend) is owned by Utah Gas Corporation (UGC) and is located on the Uintah and Ouray Indian Reservation in Uintah County, Utah. The facility was initially permitted on September 22, 2017, and currently operates under the Part 71 permit No. V-UO-000026-2011.00.
River Bend receives compressed natural gas produced from area wells up to a line pressure of 850 to 1,000 pounds per square inch gauge (psig) through 6-inch and 10-inch gathering flowlines. The gas is first processed through two 2-phase separators followed by a triethylene glycol (TEG) dehydration system. The produced liquids from the inlet separators are sent to a 30,000-gallon pressurized flash separator in order to prevent the flash emissions from being vented to the atmosphere. The separated liquids are then routed from the pressurized flash separator to either of two onsite 400-barrel atmospheric liquid storage tanks. These storage tanks are temporally utilized until the liquids can be transported by trucks offsite.
After inlet separation, the separated gas is routed to a TEG natural gas dehydration system where water is removed from the natural gas stream. The emissions from the TEG natural gas dehydration system are controlled by a thermal oxidizer and a benzene, toluene, ethylbenzene and xylene (BTEX) emissions control system. After the TEG natural gas dehydration system, the natural gas leaves the River Bend site via a metered sales pipeline.  
River Bend also includes two production wellsites RBU 7-15E (Figure 1 below) and RBU 11-15E (Figure 2 below). Each of these two wellsites consists of one <= 400-barrel storage tank and natural gas fired heaters. RBU 7-15E also operates a small 0.20 million standard cubic feet per day (MMscfd) TEG natural gas dehydration system. Both RBU 7-15E and RBU 11-15E are located on separate surface sites within a quarter mile of River Bend. Tap-1 Compressor Station (Tap-1) (Figure 3 below) is an off-site compressor station that receives the gas produced from the two wellsites and consists of two natural gas-fired compression engines, two condensate storage tanks, two natural gas-fired tank heaters, one separator heater and condensate truck loading. Tap-1 is also located within a quarter mile of River Bend.




Figure 1  -  RBU 7-15E Wellsite Process Flow Diagram












Figure 2  -  RBU 11-15E Wellsite Process Flow Diagram














Figure 3  -  Tap 1 Compressor Station Process Flow Diagram












Figure 4  -  River Bend Dehydration Site Process Flow Diagram












Figure 5  -  Site Location Diagram












Title V Major Source Status 
The Part 71 Permit Program applies to major sources, as defined in 40 C.F.R. § 71.2. The title V major source thresholds, as determined by pollutant-specific potential to emit (PTE), for criteria pollutants are 100 tons per year (tpy) and for HAP are 10 tons/year for a single HAP or 25 tons/year for any combination of HAP. According to the information submitted in UGC's River Bend Part 71 application, the site is a major title V source for HAP, as the PTE of dehydration unit RBD-1, and therefore, the facility-wide PTE, exceeds the major source thresholds for individual HAP. 

Source Determination
At 40 C.F.R. § 71.2, a major source is generally defined as any stationary source (or any group of stationary sources) that is located on one or more contiguous or adjacent properties, is under common control of the same person (or persons under common control) and belongs to a single major industrial grouping. On June 3, 2016, the EPA published a final rule clarifying when oil and natural gas sector equipment and activities must be deemed a single source when determining whether major source permitting programs (prevention of significant deterioration (PSD) and New Source Review preconstruction permit programs, and the Part 71 Permit Program) apply (81 FR 35622). By defining the term "adjacent," the rule specifies that equipment and activities in the oil and natural gas sector that are under common control will be considered part of the same source if they are located on the same surface site or on individual surface sites that share equipment and are within a quarter mile of each other. 
According to information provided by UGC, River Bend (Figure 4 above), Tap-1 Compressor Station (Figure 3 above), RBU 7-15E wellsite (Figure 1 above), RBU 11-15E wellsite (Figure 2 above), are located within a quarter mile of River Bend and share equipment with River Bend. In addition, the RBU 6-15E wellsite is located on the same surface site as River Bend. Therefore, the EPA has determined that the RBU 7-15E wellsite, RBU 11-15E wellsite, and Tap-1 Compressor Station are adjacent to River Bend and thus part of the same stationary source. 
Area Classification  -  Local Air Quality and Attainment Status
River Bend is located within the exterior boundaries of Uintah and Ouray (U&O) Indian Reservation and within an area designated as Marginal nonattainment for the 2015 ozone National Ambient Air Quality Standard (NAAQS) of 70 parts per billion. The exact location for this source is Latitude 39.94851N, Longitude 109.77057W, in Uintah County, Utah.
Tribal Reservation Contact 
Mike Natchees
Air Quality Program Director
Ute Indian Tribe
P.O. Box 70 
Fort Duchesne, Utah  84026
(435) 725-4974 or miken@utetribe.com

Identification of Emission Generating Activities
The Part 71 Permit Program allows the Permittee to separately list in the permit application units or activities that qualify as "insignificant" based on potential emissions below 2 tons tpy for all regulated pollutants that are not listed as HAP under section 112(b) and below 1,000 lbs/year or the de minimis level established under section 112(g), whichever is lower, for HAP. However, the application may not omit information needed to determine the applicability of or to impose, any applicable requirement. Units and activities that qualify as "insignificant" for the purposes of the Part 71 application are in no way exempt from applicable requirements or any requirements of the Part 71 permit. Tables 3 and 4 list emission units and emission generating activities, including any air pollution control devices.





Table 3: Emission Units and Emission Generating Activities
                                       
                                  Unit I.D. 
                                       
                                  Description
                                       
                               Control Equipment
                                     RBD-1
45 MMscfd* TEG* Dehydration Unit (River Bend)
Serial #: 8156  	                        Installed: 1/17/2010
                               Thermal Oxidizer
                                     RBT-1
400 bbl* Condensate Storage Tank (River Bend)
Serial #: 1764                              Installed: 12/15/2009
                                     None
                                     RBT-2
400 bbl Condensate Storage Tank (River Bend)
 Serial #: 1765                              Installed: 12/15/2009
                                     None
                                     RBL-1
Condensate Truck Loading Emissions (River Bend)
                                     None
                                     RBF-1
Fugitive Emissions (River Bend)
                                     None
                                 RBU 6-15E F-1
Fugitive Emissions (RBU 6-15E)
                                     None
                                 RBU 7-15E F-1
Fugitive Emissions (RBU 7-15E)
                                     None
                                RBU 11-15E D-1
0.20 MMscfd TEG Dehydration Unit (RBU 11-15E)
Installed: 2007
                                     None
                                RBU 11-15E F-1
Fugitive Emissions (RBU 11-15E)
                                     None
                                RBU 11-15E P-1
Pneumatic Pump Emissions (RBU 11-15E)
                                     None
                                     T1C-1
Caterpillar 3516 LE; 1,340 hp (Tap-1)
4-Stroke Lean-Burn Reciprocating Internal Combustion Engines
Natural Gas-Fired
Serial No. WPT00244		Installed: 6/25/2021
				Mfd Date: 5/2/2007
                              Oxidation Catalyst
                               (not enforceable)
                                     T1C-2
Caterpillar 3516 LE; 1,340 hp (Tap-1)
4-Stroke Lean-Burn Reciprocating Internal Combustion Engines
Natural Gas-Fired
Serial No. 4EK03582		Installed: 7/18/2013
				Mfd Date: 8/12/2001
                              Oxidation Catalyst
                               (not enforceable)
                                     T1T-1
300 bbl Condensate Storage Tank (Tap-1)
 Serial #: 2024                                  Installed: 6/18/2012
                                     None
                                     T1T-2
300 bbl Condensate Storage Tank (Tap-1)
 Serial #: 8S06401-02                       Installed: 6/18/2012
                                     None
                                T1P-1 and T1P-2
Two (2) Heat Trace Pneumatic Pumps (Tap-1)
                                     None
                                     T1F-1
Fugitive Emissions (Tap-1)
                                     None

Table 4: Insignificant Emission Units[*]
                                                   Description
                Capstone 65 kW Microturbine Genset (River Bend)
            1.5 MMBtu/hr TEG Dehydration Unit Reboiler (River Bend)
         Six 0.25 MMBtu/hr Tank Heaters (River Bend, RBU 7-15E, Tap-1)
 	3.0 MMBtu/hr Heater for Thermal Oxidizer (River Bend)
                    Pipeline Pigging Operations (River Bend)
                   0.50 MMBtu/hr Separator Heater (RBU 7-15E)
                      Condensate Truck Loading (RBU 7-15E)
                      400-bbl Condensate Tank (RBU 7-15E)
            0.1 MMBtu/hr TEG Dehydration Unit Reboiler (RBU 11-15E)
            Two 0.25 MMBtu/hr Separator Heaters (RBU 11-15E, Tap-1)
                     Condensate Truck Loading (RBU 11-15E)
                      300-bbl Condensate Tank (RBU 11-15E)
                   Capstone 65 kW Microturbine Genset (Tap-1)
                   Condensate Truck Loading Emissions (Tap-1)
                     Compressor Blowdown Emissions (Tap-1)
                        500 bbl Condensate Tank (Tap-1)
 	300 bbl Condensate Tank (Tap-1)
                   Two 400 bbl Condensate Tanks (River Bend)
                    Thermal Oxidizer for RBD-1 (River Bend)
*Insignificant emission units can change at the facility as long as the new or replacement units meet the criteria for insignificance, and UGC supplies information as required under 40 C.F.R. part 71 and this permit. The insignificant emission unit status does not exempt these emission units from the requirements of any standards that may apply under 40 C.F.R. parts 60 or 63.

Permitting, Construction and Compliance History
River Bend is owned by UGC and is located on the Uintah and Ouray Indian Reservation in Uintah County, Utah. The facility was initially permitted on September 22, 2017, and currently operates under the title V Operating Permit V-UO-000026-2011.00 which expired on September 22, 2022. A timely application to renew the Part 71 permit was received by the EPA on February 8, 2022, and was deemed complete on March 3, 2022.  
Emission Inventory 

Pursuant to 40 C.F.R. § 52.21, PTE is defined as the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation, or the effect it would have on emissions, is federally enforceable. Independently enforceable applicable requirements are considered enforceable to the extent that the source is in compliance with the standard. In addition, beneficial reductions in non-targeted pollutants resulting from compliance with an independently enforceable applicable requirement may be counted towards PTE provided the emission reduction of the non-targeted pollutant is enforceable as a practical matter and compliance is being met. See the 1995 guidance memo signed by John Seitz, Director of the Office of Air Quality Planning and Standards titled, "Options for Limiting Potential to Emit of a Stationary Source under Section 112 and Title V of the Clean Air Act."

UGC reported the controlled emission unit-specific PTE in their Part 71 renewal permit application. The controlled emissions in Table 5 are based on the legally and practicably enforceable requirements set forth in this draft permit.

Table 5: Potential-to-Emit with Legally and Practicably Enforceable Controls 
                                       
                        Regulated Air Pollutants (tpy)
                                       
                                   Unit I.D.
                                      NOX
                                       
                                      VOC
                                       
                                      SO2
                                       
                                PM/ PM2.5/PM10
                                       
                                      CO
                                       
                                    CH2O  
                                   Total HAP
                                       
                                  RBD-1[1,] A
                                       -
                                     8.03
                                       -
                                       
                                       -
                                       -
       5.12
                            RBU 11-15E D-1[1][, C]
                                       -
                                     10.54
                                       -
                                       
                                       -
                                       -
       3.90
                                  RBL-1[1,] A
                                       -
                                     2.44
                                       -
                                       
                                       -
                                       -
        0.52
                                 RBF-1[1,][A]
                                       -
                                     5.68
                                       -
                                       
                                       -
                                       -
        0.93
                             RBU 7-15E F-1[1][, C]
                                       -
                                     4.13
                                       -
                                       
                                       -
                                       -
        0.28
                            RBU 11-15E F-1[1][, C]
                                       -
                                     4.13
                                       -
                                       
                                       -
                                       -
        0.28
                                 T1F-1[1][, D]
                                       -
                                     2.38
                                       -
                                       
                                       -
                                       -
        0.31
                                 T1C-1[1][, D]
                                     19.41
                                     7.89
                                     0.03
                                     0.50
                                     33.00
                                     3.62
        4.40
                                 T1C-2[1][, D]
                                     16.66
                                     7.88
                                     0.02
                                     0.42
                                     29.43
                                     3.22
        3.88
                            RBU 11-15E P-1[1][, C]
                                       -
                                     6.57
                                       -
                                       
                                       -
                                       -
        0.38
                   Capstone 65kW Microturbine Genset [2,][A]
                                     0.13
                                     0.18
                                   <0.01
                                       
                                     0.03
                                     1.68
                                     0.16
                                     0.20
              1.5 MMBtu/hr* TEG Dehydration Unit Reboiler [2,][A]
                                     0.64
                                     0.04
                                   <0.01
                                       
                                     0.05
                                     0.54
                                   <0.01
                                   <0.01
                 Six 0.25 MMBtu/hr Tank Heaters 2, [A][, B, C]
                                     0.66
                                   <0.01
                                   <0.01
                                   <0.01
                                     0.54
                                   <0.01
                                   <0.01
                3.0 MMBtu/hr Heater for Thermal Oxidizer[2,][A]
                                     1.29
                                     0.07
                                   <0.01
                                       
                                     0.10
                                     1.08
                                   <0.01
                                   <0.01
                      Pipeline Pigging Operations [2,][A]
                                       -
                                     0.08
                                       -
                                       -
                                       -
                                       -
                                   <0.01
                     Two 400 bbl* Condensate Tanks[2,][A]
                                       -
                                     0.08
                                       -
                                       -
                                       -
                                       -
                                     0.02
                       Thermal Oxidizer for RBD-1[2,][A]
                                     0.94
                                   <0.01
                                       -
                                      0.7
                                     0.79
                                       -
                                       -
                      0.50 MMBtu/hr Separator Heater[2,B]
                                     0.21
                                     0.01
                                   <0.01
                                     0.02
                                     0.18
                                   <0.01
                                   <0.01
                         Condensate Truck Loading[2,B]
                                       -
                                     0.16
                                       -
                                       -
                                       -
                                       -
                                     0.03
                         400-bbl Condensate Tank[2,B]
                                       -
                                     0.70
                                       -
                                       -
                                       -
                                       -
                                     0.03
                0.1 MMBtu/hr TEG Dehydration Unit Reboiler[2,C]
                                     0.04
                                   <0.01
                                   <0.01
                                   <0.01
                                     0.04
                                   <0.01
                                   <0.01
                 Two 0.25 MMBtu/hr Separator Heaters[2,C][,D]
                                     0.11
                                   <0.01
                                   <0.01
                                   <0.01
                                     0.09
                                   <0.01
                                   <0.01
                         Condensate Truck Loading[2,C]
                                       -
                                     0.16
                                       -
                                       -
                                       -
                                       -
                                     0.03
                         300-bbl Condensate Tank[2,C]
                                       -
                                     0.70
                                       -
                                       -
                                       -
                                       -
                                     0.03
                    Capstone 65 kW Microturbine Genset[2,D]
                                     0.13
                                     0.18
                                   <0.01
                                     0.03
                                     1.68
                                     0.16
                                     0.20
                    Condensate Truck Loading Emissions[2,D]
                                       -
                                     0.35
                                       -
                                       -
                                       -
                                       -
                                     0.08
                      Compressor Blowdown Emissions[2,D]
                                       -
                                     1.60
                                       -
                                       -
                                       -
                                       -
                                     0.07
      One 500 bbl Condensate Tank & one 300 bbl Condensate Tank[2,D]
                                       -
                                     0.07
                                       -
                                       -
                                       -
                                       -
                                     0.02
                      Fugitive Emissions[2,][A][,B,C,][D]
                                       
                                     16.32
                                       
                                       
                                       
                                       
                                     1.80
                                     TOTAL
                                     40.33
 64.12
                                     0.08
                                     1.28
                                     69.14
                                     7.16
       20.72
[1] Significant Emission Sources
[2] Insignificant Emission Sources
[A] River Bend, [B] RBU 7-15E, [C] EBU 11-15E, [D] Tap-1

Regulatory Analysis 

The discussions in the following sections are based on the information provided by UGC in their Part 71 renewal application, certified to be true and accurate by the Responsible Official of this facility.

PSD, 40 C.F.R. Part 52.21
The Prevention of Significant Deterioration Permit Program at 40 C.F.R. part 52 is a preconstruction review requirement of the CAA that applies to proposed projects that are sufficiently large (in terms of emissions) to be a "major" stationary source or "major" modification of an existing stationary source. Source size is defined in terms of "potential to emit," which is its capability at maximum design capacity to emit a pollutant, except as constrained by existing legally and practically enforceable conditions applicable to the source. A new stationary source or a modification to an existing minor stationary source is major if the proposed project has the PTE of any pollutant regulated under 40 C.F.R. part 52 in amounts equal to or exceeding specified major source thresholds, which are 100 tpy for 28 listed industrial source categories and 250 tpy for all other sources. PSD also applies to modifications at existing major sources that cause a "significant net emissions increase" at that source. Significance levels for each pollutant are defined in the PSD regulations at 40 C.F.R. § 52.21.
According to the information provided by UGC in their Part 71 renewal application, at the time of its construction and subsequent modifications, River Bend was not a major source of emissions with respect to the PSD Permit Program as the PTE did not exceed the major source thresholds of criteria pollutants regulated under PSD Permit Program. As such, the source was not subject to the preconstruction permitting requirements of the PSD Permit Program.
NSR, 40 C.F.R. Part 49
40 C.F.R. § 49.166 - Federal Major New Source Review Program for Nonattainment Areas in Indian Country:
The Federal Major NSR Program for Nonattainment Areas in Indian Country (NNSR Permit Program) at 40 C.F.R. part 49 is a preconstruction review requirement of the CAA that applies to proposed projects that are sufficiently large (in terms of emissions) to be a "major" stationary source or "major modification" of an existing stationary source in an area that the EPA has designated nonattainment for a NAAQS (See 40 C.F.R. § 49.167). Similar to the PSD Permit Program, source size is defined in terms of PTE, but a new stationary source or a modification to an existing stationary source is major if the proposed project has the PTE for any pollutant regulated under the 40 C.F.R. part 49 requirements in amounts equal to or exceeding specified major source thresholds defined in 40 C.F.R. part 51, appendix S.
On April 30, 2018, the EPA designated portions of the Indian country lands within the U&O Reservation as Marginal nonattainment for the 2015 ozone NAAQS effective on August 3, 2018. Tap 1 is located within that marginal ozone nonattainment area. Appendix S lists the marginal ozone nonattainment major source threshold for VOC or NOX emissions as 100 tpy. As explained previously, Tap 1 was not considered a major source with respect to the PSD Permit Program at the time of construction and it is also not a major source with respect to the NNSR Permit Program, as the PTE of VOC and NOX, precursor pollutants to ozone, are both below 100 tpy with respect to the Marginal ozone nonattainment area within which the River Bend facility is located.
40 C.F.R. § 49.151 - Federal Minor New Source Review Program in Indian Country:
The Federal Minor New Source Review (MNSR) Permit Program at 40 C.F.R. part 49, subpart C (§§49.151 through 49.165), is a preconstruction review requirement of the CAA that applies to all new and modified minor sources, synthetic minor sources and minor modifications at major sources, located in Indian country where no EPA-approved program is in place. True minor sources and modifications and minor modifications at existing major sources are proposed projects that have PTE for any pollutant regulated under the MNSR Permit Program that are below the major source thresholds in the PSD Permit Program or the NNSR Permit Program at 40 C.F.R. part 49, subpart C, and above the minor source thresholds in Table 1 of 40 C.F.R. 49.153 (thresholds differ depending on the pollutant). The MNSR Permit Program also provides the EPA authority to establish enforceable restrictions for an otherwise major source to establish that source as a synthetic minor source for NSR-regulated pollutants or HAP for the purposes of the PSD, NNSR or title V Permit Programs, or for the purposes of major source requirements of the NESHAP at 40 C.F.R. part 63. Additionally, the MNSR Permit Program established a Federal Implementation Plan (FIP) (§§ 49.101 through 49.105) for true minor sources in the oil and natural gas production and natural gas processing segments that are in Indian country. 
River Bend is currently a true minor source and was originally constructed and commenced operations before August 30, 2011. As such, River Bend was registered as an existing true minor source per 40 C.F.R. 49.160 (registration number: REG-UO-000026-2013.001). No other pre-construction requirements applied to River Bend under the MNSR Permit Program.
NSPS, 40 C.F.R. Part 60
40 C.F.R. Part 60, Subpart A: This subpart applies to the owner or operator of any stationary source which contains an affected facility, the construction or modification of which is commenced after the date of publication of any standard in 40 C.F.R. part 60 (Part 60). The general provisions under subpart A apply to sources that are subject to the specific subparts of Part 60.

Based on the information provided by UGC in their Part 71 application, River Bend is not subject to any specific subparts of Part 60, therefore, the General Provisions of Part 60 do not apply.


NESHAP, 40 C.F.R. Part 63
40 C.F.R. Part 63, Subpart A: The requirements of 40 C.F.R. part 63, subpart A apply to sources that are subject to the specific subparts of 40 C.F.R. part 63.
As explained below, the TEG dehydration unit, emissions unit RBD-1, is subject to 40 C.F.R. part 63, subpart HH; and the reciprocating internal combustion engines (RICE), emissions units T1C-1 and T1C-2, are subject to 40 C.F.R. part 63, subpart ZZZZ; therefore, the General Provisions of 40 C.F.R. part 63 apply.
40 C.F.R. Part 63, Subpart HH (Subpart HH or MACT HH): This subpart establishes emission standards for the control of HAP emissions from affected units located at natural gas production facilities that process, upgrade or store natural gas prior to the point of custody transfer, or that process, upgrade or store natural gas prior to the point at which natural gas enters the natural gas transmission and storage source category or is delivered to a final end user. The affected units are glycol dehydration units, storage vessels with the potential for flash emissions (as defined in the rule) and the group of ancillary equipment and compressors intended to operate in volatile HAP service which are located at natural gas processing plants.
Based on the information provided by UGC in their Part 71 application, River Bend, RBU 7-15E wellsite, RBU 11-15E wellsite, and the Tap-1 compressor station do not operate any storage vessels with the potential for flash emissions (as defined in the rule). Uncontrolled emissions from dehydration unit RBD-1 exceed the major source thresholds for individual HAP. Therefore, dehydration unit RBD-1 is subject to the major source requirements of this subpart for large glycol dehydration units.
As defined in § 63.761, emissions from processes, operations or equipment that are not part of the same facility, as defined in this section, shall not be aggregated to determine whether such emission points are major sources as defined in Subpart HH. Therefore, the RBU 11-15E wellsite is an area source under the rule and dehydration unit RBU 11-15E D-1 is subject to the area source requirements of the rule. However, dehydration unit RBU 11-15E D-1 meets the exemption criteria in § 63.764(e) because, according to the information provided by UGC in their Part 71 application, the actual annual average flowrate of natural gas to the dehydration unit is less than 85,000 standard cubic meters per day. UGC is subject to the recordkeeping requirements for the exemption criteria at §63.774(d)(1). 
40 C.F.R. Part 63, Subpart ZZZZ (Subpart ZZZZ): This subpart establishes emission standards and operating limitations for HAP emissions from stationary spark ignition (SI) and compression ignition (CI) reciprocating internal combustion engines (RICE). Subpart ZZZZ applies to RICE with greater than 500 hp constructed after December 19, 2002, and RICE with less than 500 hp constructed after June 12, 2006. All engines onsite fall into either of these categories. 
Based on the information provided by UGC in their Part 71 application, there are no RICE operating at River Bend, RBU 7-15E wellsite or RBU 11-15E wellsite. According to the regulations at § 63.6585(b), a major source of HAP emissions is a plant site that emits or has the potential to emit any single HAP at a rate of 10 tons or more per year or any combination of HAP at a rate of 25 tons or more per year, except that for oil and natural gas production facilities, a major source of HAP emissions is determined for each surface site. Since the Tap-1 compressor station is not located on the same surface site as River Bend, neither the emissions from River Bend nor the wellsites shall be aggregated for the purposes of determining a major source of HAP. Therefore, the TAP 1 Compressor Station is an area source of HAP.    

According to the information provided by UGC in their Part 71 renewal permit application, Tap-1 emission units T1C-1 and T1C-2 are both RICE with a maximum capacity of 1,340 hp, and were manufactured in May 2007 and August 2001, respectively, and installed in June 2021 and July 2013, respectively. Therefore, the RICE T1C-1 and T1C-2 are subject to the area source requirements of this subpart.

40 C.F.R. Part 64 (Compliance Assurance Monitoring (CAM) Rule): Pursuant to requirements concerning enhanced monitoring and compliance certification under the CAA, the EPA promulgated regulations to implement compliance assurance monitoring (CAM) for major stationary sources of air pollution, for purposes of title V permitting that are required to obtain operating permits under Part 71. The rule requires owners or operators of such sources to conduct monitoring that provides a reasonable assurance of compliance with applicable requirements under the CAA. The effective date of this rule is November 21, 1997. 

 CAM Applicability
      
According to 40 C.F.R. § 64.2(a), CAM applies to each pollutant specific emission unit (PSEU) located at a major source which is required to obtain a Part 71 permit if the unit satisfies all of the following criteria:
      
       The unit is subject to an emission limitation or standard for the applicable regulated air pollutant other than an emissions limitation or standard that is exempt under 40 C.F.R. § 64.2(b)(1); 
      
       The unit uses a control device to achieve compliance with any such limit or standard; and
            
       The unit has pre-control device emissions of the applicable regulated pollutant that are equal to or greater than 100% of the amount, in tpy, required for a source to be classified as a major Title V source.

 CAM Plan Submittal Deadlines
      
 Large PSEUs. A CAM plan submittal for all PSEUs with the PTE (taking into account control devices) of any one regulated air pollutant in an amount equal to or greater than 100% of the amount, in tpy, required for a source to be classified as a major source, is due at the following times:
            
             On or after April 20, 1998, if by that date, a Part 71 application has either:
                        
                   Not been filed; or 
                   Not yet been determined to be complete.
                        
             On or after April 20, 1998, if a Part 71 permit application for a significant modification is submitted with respect to those PSEUs for which the requested permit revision is applicable; or
            
             Upon application for a renewed Part 71 permit and a CAM plan has not yet been submitted with an initial or a significant modification application, as specified above.
            
 Other PSEUs. A CAM Plan must be submitted for all PSEUs that are not large PSEUs, but are subject to this rule, upon application for a Part 71 renewal permit.
            
According to information provided by UGC in their Part 71 renewal permit application, RBD-1 is a PSEU with pre-controlled emissions that equal or exceed the 100% VOC and HAP thresholds. However, as explained above 40 C.F.R. part 63, subpart HH, RBD-1 meets the exemption because the actual annual average flowrate of natural gas to the TEG dehydration unit is less than 85,000 standard cubic meters per day. There are no other PSEUs at River Bend that have potential pre-control emissions in an amount equal to or greater than 100% of the major source thresholds. Therefore, there are no emission units at River Bend that are subject to CAM requirements.

40 C.F.R. Part 68 (Chemical Accident Prevention Provisions): This rule applies to stationary sources that manufacture, process, use, store or otherwise handle more than the threshold quantity of a regulated substance in a process. Regulated substances include 77 toxic and 63 flammable substances which are potentially present in the natural gas stream entering the facility and in the storage vessels located at the facility. The quantity of a regulated substance in a process is determined according to the procedures presented under 40 C.F.R. § 68.115. 40 C.F.R. §§ 68.115(b)(l) and (2)(i) which indicate that toxic and flammable substances in a mixture do not need to be considered when determining whether more than a threshold quantity is present at a stationary source if the concentration of the substance is below 1% by weight of the mixture. 
40 C.F.R. § 68.115(b)(2)(iii) indicates that prior to entry into a natural gas processing plant, regulated substances in naturally occurring hydrocarbon mixtures need not be considered when determining whether more than a threshold quantity is present at a stationary source. Naturally occurring hydrocarbon mixtures include condensate, field gas and produced water. 

Based on the information provided in UGC's Part 71 renewal permit application, River Bend does not have regulated substances above the threshold quantities in this rule and, therefore, is not subject to the requirement to develop and submit a risk management plan.



EPA Trust Responsibility  -  consultation requirements
Endangered Species Act (ESA), 16 U.S.C. § 1531 et seq. 
Under section 7(a)(2) of the ESA, federal agencies are required to ensure that actions they authorize, fund, or carry out are not likely to jeopardize the continued existence of any listed, threatened, or endangered species, or destroy or adversely modify the designated critical habitat of such species. 16 U.S.C. § 1536(a)(2). The U.S. Fish and Wildlife Service and National Marine Fisheries Service have promulgated ESA implementing regulations at 50 C.F.R. part 402. 
The CAA title V permit program requires the EPA to issue a permit specifically describing the permittee's existing pollution control obligations under the CAA. A title V permit does not generally create any new substantive requirements, but rather simply incorporates all existing CAA requirements, called "applicable requirements," into a single unified operating permit applicable to a particular facility. The title V permit the EPA is issuing to UGC does not authorize the construction of new emission units, or emission increases from existing units, nor does it otherwise authorize any physical modifications to the facility or its operations. The EPA has concluded that the permit appropriately incorporates all existing CAA requirements applicable to the facility. The EPA lacks discretion in this title V permitting decision to take action that could inure to the benefit of any listed species or their critical habitat. The EPA has concluded that issuance of this permit will have no effect on any listed species or their critical habitat. Accordingly, this permit action is consistent with the requirements of ESA section 7.
National Historic Preservation Act (NHPA), Public Law 89-665; 54 U.S.C. 300101 et seq.
The title V permit EPA is issuing to UGC does not authorize the construction of new emission units, or emission increases from existing units, nor does it otherwise authorize any physical modifications to the facility or its operations. The EPA has concluded that issuance of this permit will have no effect on any property under the NHPA of 1966 pursuant to section 106 of the NHPA, which requires federal agencies to consider the impact of their actions on historic properties. 
Environmental Justice (EJ)
Executive Order 12898 directs federal agencies "to the greatest extent practicable and permitted by law," to "make achieving environmental justice part of its mission by identifying and addressing as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations." Executive Order 14008 further directs federal agencies to "to address the disproportionately high and adverse human health, environmental, climate-related and other cumulative impacts on disadvantaged communities, as well as the accompanying economic challenges of such impacts." In addition, Executive Order 13985 calls on each federal agency to "pursue a comprehensive approach to advancing equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality." Accordingly, advancing environmental justice and equity is one of EPA's highest priorities as set forth in the Agency's FY22-26 Strategic Plan.

The EPA defines "Environmental Justice" (EJ) to include the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and polices. The EPA's goal is to provide an opportunity for overburdened populations or communities to participate in the permitting process. "Overburdened" is used to describe the minority, low-income, tribal and indigenous populations or communities in the United States that potentially experience disproportionate environmental harms and risks due to exposures or cumulative impacts or greater vulnerability to environmental hazards.

As part of EPA's trust responsibility to the Ute Indian Tribe and the above noted Executive Orders, the EPA has kept the Tribe informed about this permit action by copying them on key communications such as the emailed application completeness determination and will provide a minimum 30-day public comment period, and opportunity for a public hearing if requested. The EPA does not routinely offer tribal consultation on Title V renewal permits for existing operating sources that do not incorporate any significant changes from the previously issued permit unless there is a request or known interest from the Tribe.

Permit Content

Draft permit sections 1  -  5

The draft permit contains all of the required elements for Part 71 permits, as specified in           40 C.F.R. § 71.5, including, but not limited to:

 Emissions limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at the time of permit issuance, as identified and discussed in this Statement of Basis;

 The permit duration, not to exceed 5 years;

 Monitoring and related recordkeeping and reporting requirements sufficient to assure and demonstrate compliance with all applicable requirements;

 A severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to any portions of the permit;

 Specific provisions stating that: (a) any noncompliance constitutes a violations of the CAA and is grounds for enforcement action; (b) it is not a defense for the 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 permit; (c) instructions for how the permit may be modified, revoked, reopened, reissued, or terminated for cause; (d) the permit does not convey and property rights or exclusive privilege; (e) and upon request, the Permittee shall furnish to the permitting authority copies of required records;

 A provision to ensure that the Permittee pays fees to the EPA consistent with the fee schedule approved in 40 C.F.R. § 71.9;

 A provision to ensure that the permit expires upon five years elapsing from the effective date; and

 An off-permit changes provision allowing changes that are not addressed or prohibited by the permit.

Changes Between the Previous Permit and Draft Permit

The permit has been reformatted using the EPA's new Part 71 permit and statement of basis standard templates. As a result, the permit condition numbering system has changed from the previous permit. For national consistency, the semi-annual reporting timeframe in the renewed permit (permit condition 45) is 30 days following the end of reporting period instead of 90 days listed in the previously issued permit.
Public Participation 

Public Notice 
As described in 40 C.F.R. § 71.11(a)(5), all Part 71 draft operating permits shall be publicly noticed and made available for public comment. The public notice of permit actions and public comment period is described in 40 C.F.R. § 71(d). 

There will be a 30-day public comment period for actions pertaining to a draft permit. Notification will be given for this draft permit by mailing a copy of the notice to the permit applicant, the affected state, tribal and local air pollution control agencies, the city and county executives, and the state and federal land managers which have jurisdiction over the area where the source is located. A notification will be provided to all persons who have submitted a request to be included on the mailing list. 

If you would like to be added to our mailing list to be informed of future actions on these or other CAA permits issued in Indian country, please send an email using the link for the Region 8 CAA public comment opportunities provided at https://www.epa.gov/caa-permitting/caa-permit-public-comment-opportunities-region-8, or send your name and address to the contact listed below:

U.S. Environmental Protection Agency, Region 8 
Part 71 Permitting Lead 
Air Permitting and Monitoring Branch (8ARD-PM) 
1595 Wynkoop Street Denver, Colorado  80202-1129 

Public notice will be provided at https://www.epa.gov/caa-permitting/caa-permit-public-comment-opportunities-region-8 giving opportunity for public comment on the draft permit and the opportunity to request a public hearing.

Opportunity to Comment
Members of the public will be given an opportunity to review a copy of the draft permit prepared by the EPA, the application, this Statement of Basis for the draft permit and all supporting materials for the draft permit. An electronic copy of the proposed permit and related documents may be viewed online at the website cited below. Information is also available by emailing or speaking with the following contact: 

Contact: Lohitaksha (Lo.) Rao, Environmental Scientist, at (303) 312-6241 or Rao.Lohitaksha@epa.gov

Electronic copies of the draft permit, Statement of Basis and supporting permit record may also be accessed for review at: 
https://www.epa.gov/caa-permitting/caa-permit-public-comment-opportunities-region-8.

Any interested person may submit written comments on the draft Part 71 operating permit during the public comment period to the Part 71 Permitting Lead at the address listed in Section A above, or by email using the instructions on the public comment opportunities web site address listed above or through https://www.regulations.gov (Docket I.D. #EPA-R08-OAR-2022-0276). All comments will be considered and answered by the EPA in making the final decision on the permit. The EPA keeps a record of the commenters and of the issues raised during the public participation process. 

Anyone, including the applicant, who believes any condition of the draft permit is inappropriate should raise all reasonable ascertainable issues and submit all arguments supporting their position by the close of the public comment period. Any supporting materials submitted must be included in full and may not be incorporated by reference, unless the material has already been submitted as part of the administrative record in the same proceeding or consists of state or federal statutes and regulations, the EPA documents of general applicability or other generally available reference material.

The final permit will be a public record that can be obtained upon request. A statement of reasons for changes made to the draft permit and responses to comments received will be sent to all persons who comment on the draft permit. The final permit and response to comments document will also be accessible online at: https://www.epa.gov/caa-permitting/caa-permits-issued-epa-region-8. Anyone may request a copy of the final permit at any time by contacting the Tribal Air Permit Program at (800) 227 - 8917 or by sending an email to r8airpermitting@epa.gov.


Opportunity to Request a Hearing

A person may submit a written request for a public hearing to the Part 71 Permitting Lead, U.S. EPA Region 8, by stating the nature of the issues to be raised at the public hearing. Based on the number of hearing requests received, the EPA will hold a public hearing whenever it finds there is a significant degree of public interest in a draft operating permit. The EPA will provide public notice of the public hearing. If a public hearing is held, any person may submit oral or written statements and data concerning the draft permit.

Appeal of Permits
      
Within 30 days after the issuance of a final permit decision, any person who filed comments on the draft permit or participated in the public hearing may petition to the Environmental Appeals Board (EAB) to review any condition of the permit decision. Any person who failed to file comments or participate in the public hearing may petition for administrative review, only if the changes from the draft to the final permit decision or other new grounds were not reasonably foreseeable during the public comment period. The 30-day period to appeal a permit begins with the EPA's service of the notice of the final permit decision.
      
The petition to appeal a permit must include a statement of the reasons supporting the review, a demonstration that any issues were raised during the public comment period, a demonstration that it was impracticable to raise the objections within the public comment period, or that the grounds for such objections arose after such a period. When appropriate, the petition may include a showing that the condition in question is based on a finding of fact or conclusion of law which is clearly erroneous; or, an exercise of discretion, or an important policy consideration that the EAB should review. 

The EAB will issue an order either granting or denying the petition for review, within a reasonable time following the filing of the petition. Public notice of the grant of review will establish a briefing schedule for the appeal and state that any interested person may file an amicus brief. Notice of denial of review will be sent only to the permit applicant and to the person requesting the review. To the extent review is denied, the conditions of the final permit decision become final agency action.

A motion to reconsider a final order shall be filed within ten days after the service of the final order. Every motion must set forth the matters claimed to have been erroneously decided and the nature of the alleged errors. Motions for reconsideration shall be directed to the Administrator rather than the EAB. A motion for reconsideration shall not stay the effective date of the final order unless it is specifically ordered by the EAB.

Petition to Reopen a Permit for Cause

Any interested person may petition the EPA to reopen a permit for cause, and the EPA may commence a permit reopening on its own initiative. 

The EPA will only revise, revoke and reissue, or terminate a permit for the reasons specified in             40 C.F.R. § 71.7(f) or 71.6(a)(6)(i). All requests must be in writing and must contain facts or reasons supporting the request. If the EPA decides the request is not justified, it will send the requester a brief written response giving a reason for the decision. Denial of these requests is not subject to public notice, comment, or hearings. Denials can be informally appealed to the EAB by a letter briefly setting forth the relevant facts.
Abbreviations and Acronyms
                                       
ASTM  		American Society for Testing and Materials
CAA  			Clean Air Act [42 U.S.C. § 7401, et seq.]
CEDRI		Compliance and Emission Reporting Data Interface
C.F.R.			Code of Federal Regulations
CH2O			Formaldehyde
CO			Carbon Monoxide
EPA  			U.S. Environmental Protection Agency, Region 8
EU  			Emission Unit
Facility  		River Bend Dehydration Site located Latitude 39.94986, Longitude 109.77469
gal  			gallon
g  			grams
HAP  			Hazardous Air Pollutant
hr  			hour
I.D.         		Identification Number
kg  			kilogram
lb  			pound
MACT  		Maximum Achievable Control Technology
Mfd			Manufactured
Mg  			Megagram
MMBtu  		Million British Thermal Units
NESHAP  		National Emission Standards for Hazardous Air Pollutants
NOx  			Nitrogen Oxides 
NSPS  			New Source Performance Standards
NSR  			New Source Review
Operator	                 Utah Gas Corporation
Permittee	                 Utah Gas Corporation 
PM  			Particulate Matter
PM10  			Particulate Matter less than 10 microns in diameter
ppm  			parts per million
PSD  			Prevention of Significant Deterioration
PTE   			Potential to Emit
SO2  			Sulfur Dioxide
VOC  			Volatile Organic Compounds


