HomeMy WebLinkAbout20111496.tiff STATE OF COLORADO
John W. Hickenlooper,Governor
Christopher E. Urbina,MD, MPH coe co4�
Executive Director and Chief Medical Officer F�
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr.S. Laboratory Services Division *1876
Denver,Colorado 80246-1530 8100 Lowry Blvd.
Phone(303)692-2000 Denver,Colorado 80230-6928 Colorado Department
Located in Glendale,Colorado (303)692-3090 of Public Health
http://www.cdphe.state.co.us and Environment
June 9, 2011
Mr. Steve Moreno
Weld County Clerk
1402N 17th Ave.
Greeley, CO 80631
Dear Mr. Moreno:
The Air Pollution Control Division will publish a public notice for the Niobrara Crude Terminal, Inc.
This public notice will be published in the Greeley Tribune on June 16, 2011.
Thank you for assisting the Division by making the enclosed package (includes public notice,
preliminary analysis, Air Pollutant Emission Notice(s) and draft permit(s)) available for public review
and comment. It must be available for public inspection for a period of thirty (30) days from the date
the public notice is published.
Please forward any comment regarding this public notice to the address below.
Colorado Department of Public Health and Environment
APCD-SS-B 1
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Attention: Ellen Evans
Regards,
Llrert,, t)17
Ellen Evans
Public Notice Coordinator
Stationary Sources Program Air Pollution Control Division
2011-1496
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(.9 ab-ll l� - 14 - I1
APPLICATION FOR ISSUANCE OF A SYNTHETIC MINOR SOURCE PERMIT
NIOBRARA CRUDE OIL TRANSLOADING FACILITY
BY
NIOBRARA CRUDE OIL, LLC.
CONTENTS
1. PUBLIC NOTICE
2. PRELIMINARY ANALYSIS
3. AIR POLLUTANT EMISSION NOTICE
4. DRAFT PERMIT
PREPARED BY:
MICHAEL HARRIS, P.E.
COLORADO DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT
4300 CHERRY CREEK DRIVE SOUTH, APCD-SS-BI
Denver, CO 80246-1530
STATE OF COLORADO
John W. Hickenlooper,Governor
Christopher E. Urbina,MD, MPH oF•
coto�
Executive Director and Chief Medical Officer 47 • '
Dedicated to protecting and improving the health and environment of the people of Colorado .{ ft
4300 Cherry Creek Dr.S. Laboratory Services Division .1876`"
Denver,Colorado 80246-1530 8100 Lowry Blvd.
Phone(303)692-2000 Denver,Colorado 80230-6928 Colorado Department
Located in Glendale,Colorado (303)692-3090 of Public Health
http://www.cdphe.state.co.us and Environment
Released to: The Greeley Tribune on June 9, 2011; published June 16, 2011
PUBLIC NOTICE OF A PROPOSED PROJECT
OR ACTIVITY WARRANTING PUBLIC COMMENT
The Colorado Air Pollution Control Division has declared that the following proposed construction activity
warrants public comment. Therefore, the Air Pollution Control Division of the Colorado Department of Public
Health and Environment hereby gives NOTICE, pursuant to Section 25-7-114.5(5), C.R.S. of the Colorado Air
Quality Control Act that an application to the Division has been received for an emission permit on the following
proposed project and activity:
Niobrara Crude Terminal, LLC is proposing to operate a crude oil transloading facility located near 61000 Weld
County Road 21, in Weld County, near Carr, Colorado. This facility would allow crude oil to be transferred from
tanker trucks to rail tank cars for shipment.
For permitting purposes,this source is considered a synthetic minor source for Prevention of Significant
Deterioration (PSD)and Operating Permit requirements since emissions of Volatile Organic Compounds(VOCs)
could exceed 100 tons per year if Niobrara Crude Terminal, LLC did not accept federally enforceable emission
limits and operate air pollution control equipment.
The company has made an application for issuance of a permit including federally enforceable synthetic minor
limits for VOCs. A copy of the draft permit is available for review in the public comment package.
The Division has determined that the proposed source will comply with all applicable regulations and standards of
the Colorado Air Quality Control Commission and has made a preliminary determination of approval of the
application. The Division hereby solicits and requests submission of public comment from any interested person
concerning the aforesaid proposed project and activities to comply with the applicable standards and regulations
of the Commission for a period of thirty (30) days from the date of this publication.
Any such comment must be in writing and be submitted to the following addressee:
Michael J. Harris, P.E.
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South, APCD-SS-B 1
Denver, Colorado 80246-1530
Within thirty(30) days following the said thirty(30)-day period for public comment,the Division shall
consider comments and, pursuant to Section 25-7-114.5(7)(a), either grant, deny,or grant with conditions,
the emission permit. Said public comment is solicited to enable consideration of approval of and objections
to the proposed construction of the subject project and activity by affected persons.
A copy of the application for the emission permit, the Preliminary Analysis of said application, and
accompanying data concerning the proposed project and activity are available for inspection at the office of the
Clerk and Recorder of Weld County during regular business hours and at the office of the Air Pollution Control
Division, Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver,
Colorado. A copy of the draft permit and preliminary analysis are available on the Division's web site at:
http://www.cdphe.state.co.us/ap/airpublicnotices.html.
AIR POLLUTION CONTROL DIVISION
PRELIMINARY ANALYSIS SUMMARY
PERMIT NUMBERS: 11WE1571 DATE: June 9, 2011
APPLICANT: Niobrara Crude Terminal, LLC
REVIEW ENGINEER: Michael J. Harris, P.E. CONTROL ENGINEER: R K Hancock III, P.E.
PROJECT DESCRIPTION
Niobrara Crude Terminal, LLC is proposing to operate a crude oil transloading facility
located near 61000 Weld County Road 21, in Weld County, near Carr,Colorado. This
facility would allow crude oil to be transferred from tanker trucks to rail tank cars for
shipment.
Source Classification
This source is considered a synthetic minor source according to the Air Quality Control
Commission regulations. Emissions could exceed 100 tons per year for Volatile Organic
Compounds (VOCs), if Niobrara Crude Terminal, LLC did not accept federally
enforceable limits on production throughput and installation and operation of air pollution
control equipment. The company has made an application for issuance of a federally
enforceable synthetic minor source permit limiting the potential to emit to below the
major source thresholds. Therefore, this source is considered a synthetic minor source
and not subject to PSD, MACT or Operating Permit requirements. The Division has
determined that the proposed source will comply with all applicable regulations and
standards of the Colorado Air Quality Control Commission and has made a preliminary
determination of approval of the application.
ESTIMATED EMISSIONS
The resulting estimated controlled emissions from permit 11WE1571 are listed below.
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STATE OF COLORADO
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COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT F6
AIR POLLUTION CONTROL DIVISION 6I
TELEPHONE: (303) 692-3150
s 1876 t
CONSTRUCTION PERMIT
PERMIT NO: 1 1 WE1571
Initial Approval
DATE ISSUED:
ISSUED TO: Niobrara Crude Terminal, LLC
THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS:
Transloading facility for crude oil owned and operated by Niobrara Crude Terminal,LLC
located near 61000 County Road 21, Carr(Weld County)Colorado.
THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING:
Facility AIRS
Equipment Point Description
ID
Transloading of crude oil from tanker trucks to rail cars. Product from tanker
trucks will be transferred to rail cars using either an on board pump located
Transloading 001 on the tanker truck or a portable skid-mounted truck. Volatile Organic
Operation Compound(VOCs)emissions shall be controlled with a vapor balancing
system to allow transfer and capture of VOC vapors from the rail car to the
tanker truck during product transfer.
THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO
AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND
CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS
INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS:
REQUIREMENTS TO SELF-CERTIFY FOR FINAL APPROVAL
1. YOU MUST notify the Air Pollution Control Division (the Division) no later than
fifteen days after commencement of the permitted operation or activity Loy
submitting a Notice of Startup form to the Division. The Notice of Startup form may
be downloaded online at www.cdphe.state.co.us/ap/downloadforms.html. Failure to
notify the Division of startup of the permitted source is a violation of Air Quality Control
Commission (AQCC) Regulation No. 3, Part B, Section III.G.1 and can result in the
revocation of the permit.
2. Within one hundred and eighty days (180) after commencement of operation,
compliance with the conditions contained on this permit shall be demonstrated to the
Division. It is the permittee's responsibility to self certify compliance with the conditions.
AIRS ID: 123/9042/001 Page 1 of 7
Version 2009-1
Niobrara Crude Termin_ 6 Coll do e�p e ; o Public Health and Environment
Permit No. 11WE1571 Air Pollution Control Division
Initial Approval
Failure to demonstrate compliance within 180 days may result in revocation of the permit
or enforcement action by the Division. Information on how to certify compliance was
mailed with the permit or can be obtained from the Division. (Reference: Regulation No.
3, Part B, III.G.2)
3. This permit shall expire if the owner or operator of the source for which this permit was
issued: (i) does not commence construction/modification or operation of this source
within 18 months after either, the date of issuance of this construction permit or the date
on which such construction or activity was scheduled to commence as set forth in the
permit application associated with this permit; (ii) discontinues construction for a period
of eighteen months or more; (iii) does not complete construction within a reasonable
time of the estimated completion date. The Division may grant extensions of the
deadline per Regulation No. 3, Part B, III.F.4.b. (Reference: Regulation No. 3, Part B,
III.F.4.)
4. Within one hundred and eighty days (180) after commencement of operation, the
operator shall complete all initial compliance testing and sampling as required in this
permit and submit the results to the Division as part of the self-certification process.
(Reference: Regulation No. 3, Part B, Section III.E.)
5. The applicant shall develop an operating and maintenance (O&M) plan, along with a
recordkeeping format, that outlines how the applicant will maintain compliance on an
ongoing basis with the requirements of this permit. The O&M plan shall commence at
startup. Within one hundred and eighty days (180) after commencement of operation,
the applicant shall submit the O&M plan to the Division. Failure to submit an acceptable
operating and maintenance plan could result in denial of the final approval permit
(Reference: Regulation No. 3, Part B, III.E.)
EMISSION LIMITATIONS AND RECORDS
6. Emissions of air pollutants shall not exceed the following limitations (as calculated using
the emission factors included in the Notes to Permit Holder section of this permit).
Monthly records of the actual emission rates shall be maintained by the applicant and
made available to the Division for inspection upon request. (Reference: Regulation No.
3, Part B, Section II.A.4).
Monthly Limits:
Facility AIRS Tons per Month Emission
Equipment ID Point PM PM,5 PM2.5 NO. SO2 VOC CO Type
Transloading 001 1.02 Point
operations
The monthly limits included in this permit were derived from the annual limits based on a
31-day month. The owner or operator shall calculate monthly emissions based on the
calendar month.
.Annual Limits:
AIRS ID: 123/9042/001 Page 2 of 7
aiii
Niobrara Crude Termin- µ Coil
do • p er. o Public Health and Environment
Permit No. 11WE1571 '' Air Pollution Control Division
Initial Approval
Facility AIRS Tons per Year Emission
Equipment ID Point PM PM,o PM2.5 NOx SO2 VOC CO Type
Transloading 001 12.0 Point
operations
See "Notes to Permit Holder #3 for information on emission factors and methods used to
calculate limits.
During the first twelve (12) months of operation, compliance with both the monthly and
yearly emission limitations shall be required. After the first twelve (12) months of
operation, compliance with only the yearly limitation shall be required.
Compliance with the annual limits shall be determined by recording the facility's annual
criteria pollutant emissions, from each emission unit, on a rolling (12) month total. Within
15 days after the end of each calendar month a new twelve-month total shall be
calculated based on the previous twelve months' data. The permit holder shall calculate
monthly emissions and keep a compliance record on site, or at a local field office with
site responsibility, for Division review. This rolling twelve-month total shall apply to all
emission units, requiring an APEN, at this facility.
7. The emission points in the table below shall be maintained and operated with the control
equipment as listed. The uncontrolled emissions shall be reduced by at least the control
efficiencies listed. Operating parameters of the control equipment shall be identified in
the operating and maintenance plan. The identified operating parameters will replace
the control efficiency requirement in the final approval permit. (Reference: Regulation
No.3, Part B, Section III.E.).
Facility AIRS Control Device Controlled Control
Equipment ID Point Emissions Efficiency
Transloading 001 Vapor Balance System VOC 98.7
operations
As defined in Regulation 7, Section VI.A.2.i., a Vapor Balance System is, "a combination of pipes
or hoses that create a closed system between the vapor spaces of an unloading tank and a
receiving tank such that vapors displaced from the receiving tank are transferred to the tank being
unloaded. "
PROCESS LIMITATIONS AND RECORDS
8. This source shall be limited to the following maximum consumption, processing and/or
operational rates as listed below. Monthly records of the actual process rate shall be
maintained by the applicant and made available to the Division for inspection upon
request, (Reference: Regulation 3, Part B, II.A.4).
AIRS ID: 123/9042/001 Page 3 of 7
Niobrara Crude Termin-.: s Col j`. do • p e! o Public Health and Environment
Permit No. 11WE1571 Air Pollution Control Division
Initial Approval _
Process/Consumption Limits
Facility AIRS Process Parameter Annual Limit Monthly Limit
Equipment ID Point (31 days)
Transloading 001 Throughput of crude oil 13,100,000 1,112,600
operations barrels barrels
The monthly limits included in this permit were derived from the annual limits based on a
31-day month. The owner or operator shall calculate monthly emissions based on the
calendar month.
During the first twelve (12) months of operation, compliance with both the monthly and
yearly process limitations shall be required. After the first twelve (12) months of
operation, compliance with only the yearly limitation shall be required.
Compliance with the yearly process limits shall be determined on a rolling twelve (12)
month total. Within 15 days after the end of each calendar month a new twelve-month
total is calculated based on the previous twelve months' data. The permit holder shall
calculate monthly process rate and keep a compliance record on site or at a local field
office with site responsibility, for Division review.
STATE AND FEDERAL REGULATORY REQUIREMENTS
9. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation
of the source. During periods of startup, process modification, or adjustment of control
equipment visible emissions shall not exceed 30% opacity for more than six minutes in
any sixty consecutive minutes. (Reference: Regulation No. 1, Section II.A.1. & 4.)
10. This source is subject to the odor requirements of Regulation No. 2. (State only
enforceable).
ADDITIONAL REQUIREMENTS
11. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation
No. 3, Part A, II.C)
a. Annually whenever a significant increase in emissions occurs as follows:
For any criteria pollutant:
For sources emitting less than 100 tons per year of a criteria pollutant, a
change in annual actual emissions of five (5) tons per year or more, above the
level reported on the last APEN; or
For sources emitting any amount of lead, a change in actual emissions of fifty
(50) pounds of lead above the level reported on the last APEN submitted.
For any non-criteria reportable pollutant:
If the emissions increase by 50% or five (5) tons per year, whichever is less,
above the level reported on the last APEN submitted to the Division.
b. Whenever there is a change in the owner or operator of any facility, process, or
activity; or
AIRS ID: 123/9042/001 Page 4 of 7
t
Niobrara Crude Termin- • ColA do I!p e o Public Health and Environment
Permit No. 11WE1571 Air Pollution Control Division
Initial Approval
c. Whenever new control equipment is installed, or whenever a different type of
control equipment replaces an existing type of control equipment; or
d. Whenever a permit limitation must be modified; or
e. No later than 30 days before the existing APEN expires.
12. Operating Permit (OP) requirements shall apply to this source at any such time that the
facility wide potential to emit equals or exceeds the major source level. Once the facility
wide potential to emit equals or exceeds the major source level a Title V operating
permit application shall be submitted in accordance with the requirements in Regulation
No. 3, Part C.
13. Prevention of Significant Deterioration (PSD) requirements shall apply to this source at
any such time that this source becomes major solely by virtue of a relaxation in any
permit condition. Any relaxation that increases the potential to emit above the applicable
PSD threshold will require a full PSD review of the source as though construction had
not yet commenced on the source. The source shall not exceed the PSD threshold until
a PSD permit is granted. (Regulation No. 3, Part D, VI.B.4).
GENERAL TERMS AND CONDITIONS:
14. This permit and any attachments must be retained and made available for inspection
upon request. The permit may be reissued to a new owner by the Division as provided
in Regulation No. 3, Part B, Section 11.6 upon a request for transfer of ownership and the
submittal of a revised APEN and the required fee.
15. If this permit specifically states that final approval has been granted, then the remainder
of this condition is not applicable. Otherwise, the issuance of this construction permit
does not provide "final" authority for this activity or operation of this source. Final
approval of the permit must be secured from the Division in writing in accordance with
the provisions of 25-7-114.5(12)(a) C.R.S. and Regulation No. 3, Part B, Section III.G.
Final approval cannot be granted until the operation or activity commences and has
been verified by the Division as conforming in all respects with the conditions of the
permit. Once self-certification of all points has been reviewed and approved by the
Division, it will provide written documentation of such final approval. Details for
obtaining final approval to operate are located in the Requirements to Self-Certify
for Final Approval section of this permit.
16. This permit is issued in reliance upon the accuracy and completeness of information
supplied by the applicant and is conditioned upon conduct of the activity, or construction,
installation and operation of the source, in accordance with this information and with
representations made by the applicant or applicant's agents. It is valid only for the
equipment and operations or activity specifically identified on the permit.
17. Unless specifically stated otherwise, the general and specific conditions contained in this
permit have been determined by the Division to be necessary to assure compliance with
the provisions of Section 25-7-114.5(7)(a), C.R.S.
18. Each and every condition of this permit is a material part hereof and is not severable.
Any challenge to or appeal of a condition hereof shall constitute a rejection of the entire
permit and upon such occurrence, this permit shall be deemed denied ab initio. This
permit may be revoked at any time prior to self-certification and final authorization by the
AIRS ID: 123/9042/001 Page 5 of 7
Niobrara Crude Termin. s '' Col [ do '1p a o°Public Health and Environment
Permit No. 11WE1571 A . f Air Pollution Control Division
Initial Approval
Division on grounds set forth in the Colorado Air Quality Prevention and Control Act and
regulations of the AQCC including failure to meet any express term or condition of the
permit. If the Division denies a permit, conditions imposed upon a permit are contested
by the applicant, or the Division revokes a permit, the applicant or owner or operator of a
source may request a hearing before the AQCC for review of the Division's action.
19. Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution
Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and
administration. If a source or activity is to be discontinued, the owner must notify the
Division in writing requesting a cancellation of the permit. Upon notification, annual fee
billing will terminate.
20. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution
Prevention and Control Act or the regulations of the AQCC may result in administrative,
civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121
(injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S.
By: By:
Michael Harris, P. E. R K Hancock III, P.E.
Permit Engineer Construction Permits Unit Supervisor
Permit History
Issuance Date Description
Initial Approval This Issuance Issued to: Niobrara Crude Terminal, LLC
•
AIRS ID: 123/9042/001 Page 6 of 7
Niobrara Crude Termin- Col do p e o Public Health and Environment
Permit No. 11 WE1571 Air Pollution Control Division
Initial Approval
Notes to Permit Holder:
1) The production or raw material processing limits and emission limits contained in this permit are
based on the consumption rates requested in the permit application. These limits may be revised
upon request of the permittee providing there is no exceedance of any specific emission control
regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and
application form must be submitted with a request for a permit revision.
2) This source is subject to the Common Provisions Regulation Part II, Subpart E, Affirmative Defense
Provision for Excess Emissions During Malfunctions. The permittee shall notify the Division of any
malfunction condition which causes a violation of any emission limit or limits stated in this permit as
soon as possible, but no later than noon of the next working day, followed by written notice to the
Division addressing all of the criteria set forth in Part II.E.1. of the Common Provisions Regulation.
See: http://www.cdphe.state.co.us/requlations/airreqs/5CCR1001-2.pdf.
3) The emission levels contained in this permit are based on the following emission factors:
Points 001:
Emission Factors -Uncontrolled Emission Factors—Controlled*
CAS Pollutant lb/1000 Source lb/1000 Source
gallons gallons
transferred transferred
VOC 3.35 AP-42, Section 5.2 0.0436 AP-42, Section 5.2
*Emission limitations for this emissions point were calculated assuming 98.7% control efficiency.
4) In accordance with C.R.S. 25-7-114.1, the Air Pollutant Emission Notices (APENs) associated with
this permit are valid for a term of five years. As of the issuance of this permit, the five-year term for
these APENs expires per the table below. A revised APEN shall be submitted no later than 30 days
before the five-year term expires.
AIRS Point Date of Expiration
001 June 1, 2016
5) This facility is classified as follows:
Applicable Status
Requirement
Operating Permit Synthetic Minor Source for VOC
PSD Synthetic Minor Source for VOC
6) The full text of the Title 40, Protection of Environment Electronic Code of Federal Regulations can be
found at the website listed below:
http://ecfr.gpoaccess.gov/
AIRS ID: 123/9042/001 Page 7 of 7
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