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HomeMy WebLinkAbout20091481.tiffSTATE OF COLORADO Bill Ritter, Jr., Governor James B. Martin, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692-2000 TDD Line (303) 691-7700 Located in Glendale, Colorado http://www.cdphe.state.co.us June 16, 2009 Mr. Steve Moreno Weld County Clerk 1402 N. 17th Ave. Greeley, CO 80631 Dear Mr. Moreno: Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 692-3090 Colorado Department of Public Health and Environment The Air Pollution Control Division will publish a public notice for the Kerr-McGee Gathering, LLC. This public notice will be published in the Fort Lupton Press on June 20, 2009. 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: Jacquie Barela ds, eh aljuel ni e1V. Barela Public Notice Coordinator Stationary Sources Program Air Pollution Control Division iaI IC F -L (1)(‘'/ 0 2009-1481 NOTICE OF REQUEST FOR SYNTHETIC MINOR FOR Kerr-McGee Gathering, LLC PERMIT NOs. 09WE0284, 03WE0061, & 94WE760-1 TABLE OF CONTENTS 1. PUBLIC NOTICE 2. PRELIMINARY ANALYSIS 3. DRAFT PERMIT Prepared by Matthew S. Burgett, P.E. Colorado Department of Public Health and Environment APCD-SS-B1 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 STATE OF COLORADO Bill Ritter, Jr., Governor James B. Martin, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692-2000 TDD Line (303) 691-7700 Located in Glendale, Colorado http://www.cdphe.state.co.us Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 692-3090 Released to: Fort Lupton Press on June 16, 2009; published June 20, 2009 PUBLIC NOTICE OF A PROPOSED PROJECT OR ACTIVITY WARRANTING PUBLIC COMMENT Colorado Department of Public Health and Environment 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: Kerr-McGee Gathering, LLC has applied for cancellation of a Title V Operating Permit, requiring re -issuance of three construction permits for the Dougan Compressor Station located at 16280 Weld County Road 10, Fort Lupton, Weld County, Colorado. Public comment is sought for these permits due to the following reasons: • Source is attempting to obtain federally enforceable limit on the potential to emit to avoid Title V Operating Permit requirements. The Division hereby solicits and requests submission of public comment concerning the aforesaid proposed project and activity for a period of thirty (30) days from and after the date of this publication. Any such comment must be in writing and be submitted to the following addressee: Matthew S. Burgett, P.E. Colorado Department of Public Health and Environment APCD-SS-B I 4300 Cherry Creek Drive South 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, Glendale, Colorado. PRELIMINARY ANALYSIS Applicant Kerr-McGee Gathering, LLC Permit No(s). 09WE0284, 03WE0061. 94WE760-1 Facility Location Dougan Compressor Station 16280 Weld County Road 10 Fort Lupton, Weld County, Colorado Source No. 123/0185 Review Engineer Matthew S. Burgett, P.E. Date June 16, 2009 Control Engineer Roland Hea, P.E. Project Description Kerr-McGee Gathering, LLC has proposed issuance of the following construction permits at the Dougan Compressor Station in order to cancel the Title V Operating Permit: All Permits: • Facility -wide Hazardous Air Pollutant (HAP) limits have been added to the permits in order to consider this a synthetic minor facility. Potential emissions for the facility exceed the thresholds for the following Major Source MACT requirements. With the issuance of the proposed federally enforceable permits to limit the potential to emit below major source thresholds as determined under each MACT requirement, the source will be classified as a Synthetic Minor (Area) Source for MACT applicability: o MACT HH requirements (National Emissions Standards for Hazardous Air Pollutants for Oil & Natural Gas Production) 94WE760-1 —Glycol Dehydration Unit: • This construction permit is being re -issued as Initial Approval. • The permit requires submittal of a current operating & maintenance plan. • The area source MACT HH requirements have been added to the permit. 03WE0061 — Condensate Tank Battery: • The permit requires submittal of a current operating & maintenance plan. • Site specific testing is required prior to Final Approval to verify emissions. 09WE0284 — Fugitive Equipment Leaks: • This construction permit is being issued as Final Approval. • A new construction permit number has been assigned since this unit was previously considered "grandfathered" from construction permitting. Requested Emissions - facility Pollutant Controlled Emissions (tpy) Potential Emissions (tpy) Oxides of Nitrogen 1.6 - Volatile Organic Compounds 50.2 500.6 Carbon Monoxide 2.9 - Total HAPs 6.6 131.1 Regulatory Status Synthetic Minor Source for Operating Permit Applicability: Upon the issuance of these permits, emissions will be limited below major source levels. Area Source for MACT HH Applicability: With the issuance of federally enforceable permits, actual emissions of HAPs from the above listed sources will be limited to less 8 tons per year, and total HAPs will be limited to less than 20 tons per year, and the source will be classified as a Synthetic Minor Source. Ambient Impact No ambient impact analysis is required at this time since no significant emissions Analysis increases are requested and the level of emissions of NOx and CO do not warrant modeling. Public Comment Requirement Public comment is required for sources wishing to obtain federally enforceable emission limits to avoid major source status (by limiting potential to emit) through a construction permit. By limiting the potential to emit, this source will not be subject to the requirements of the Title V Operating Permit Program requirements, or major source MACT NH requirements (National Emissions Standards for Hazardous Air Pollutants from Oil and Natural Gas Production Facilities) DRAFT PERMIT PERMIT NO: 09WE0284 DATE ISSUED: ISSUED TO: Kerr-McGee Gathering, LLC FINAL APPROVAL THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Natural gas transmission facility, known as the Dougan Compressor Station, located at 16280 Weld County Road 10, Fort Lupton, Weld County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Facility Equipment ID AIRS Point Description F001 005 Equipment leaks (fugitive VOCs) from a natural gas compression/processing facility. 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: 1. Emissions of air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis). (Reference: Regulation No. 3, Part B, Section II.A.4) Annual Limits: Facility Equipment ID AIRS Point Tons per Year Emission Type VOC F001 005 25.02 Fugitive Facility -wide emissions of each individual hazardous air pollutant shall be less than 8.0 tpy. Facility -wide emissions of total hazardous air pollutants shall be less than 20.0 tpy. Compliance with the synthetic minor status of this facility shall be determined by recording the facility's annual criteria pollutant emissions, (including all HAPs above the de-minimis 123/0185/005 ver. 2/00 Kerr-McGee Gathering, LLC Permit No. 09WE0284 Final Approval Page 2 Colorado Department of Public Heal DRAFT Air Poll PERMIT reporting level) from each emission unit, on a rolling (12) month total. By the end of each month a new twelve-month total is calculated based on the previous twelve months' data. Emissions shall be based on the most recent extended gas analysis. 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. STATE REGULATORY REQUIREMENTS 2. 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.) 3. This source is subject to the odor requirements of Regulation No. 2. (State only enforceable) COMPLIANCE TESTING AND SAMPLING 4. The permittee shall complete an extended gas analysis on a semiannual basis of gas samples that are representative of gas that may be released as fugitive emissions. ADDITIONAL REQUIREMENTS 5. 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, a change in actual emissions of five (5) tons per year or more, above the level reported on the last APEN; or 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 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. 6. 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 equal 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. 7. 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 123/0185/005 ver. 2/00 Kerr-McGee Gathering, LLC Permit No. 09WE0284 Final Approval Page 3 Colorado Department of Public Heal DRAFT Air Poll PERMIT 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) 8. Non -attainment New Source Review 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 NSR threshold will require a full NSR review of the source as though construction had not yet commenced on the source. The source shall not exceed the NSR threshold until a NSR permit is granted. (Regulation No. 3 Part D, V.A.7) Matthew S. Burgett, P.E. Enviromental Engineer Permit History Issuance Date Description Final Approval This Issuance This Construction Permit is being issued to replace the permit conditions previously found in the Operating Permit. The source intends to cancel the Title V Operating Permit. 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. cd phe.state. co. u s/requ lations/airregs/ 100102agcccom mon provisionsreq. pdf. 3) The emission levels contained in this permit are based on the following emission factors: Emission Factors (kg/hr-component): Component Gas Service Water/Oil Service Light Oil Heavy Oil Valves 4.5E-03 9.8E-05 2.5E-03 8.4E-06 Connectors 2.0E-04 1.1E-04 2.1E-04 7.5E-06 123/0185/005 ver. 2/00 Kerr-McGee Gathering, LLC Permit No. 09WE0284 Final Approval Page 4 Colorado Department of Public Heal DRAFT Air Poll PERMIT Flanges 3.9E-04 2.9E-06 1.1E-04 3.9E-07 Seals 2.4E-03 2.4E-05 1.3E-02 NA Other 8.8E-03 1.4E-02 7.5E-03 3.2E-05 Source: EPA -453/R95-017 4) This facility is classified as follows: Applicable Requirement Status Operating Permit Synthetic Minor PSD Synthetic Minor NA NSR Synthetic Minor MACT HH Synthetic Minor 123/0185/005 ver. 2/00 Kerr-McGee Gathering, LLC Permit No. 09WE0284 Final Approval Page 5 Colorado Department of Public Heal DRAFT Air Poll PERMIT GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5,6,7 AND 8) 1. 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. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. 3. 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 final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (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. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source that is moved to a new location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part B, Section II.B. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC 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 APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. Compliance with the permit conditions must be demonstrated within 180 days after commencement of operation. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction for a period of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee prior to the expiration date. 7. YOU MUST notify the APCD no later than thirty days after commencement of the permitted operation or activity by submitting a Notice of Startup (NOS) form to the APCD. The Notice of Startup (NOS) form may be downloaded online atwww.cdphe.state.co.us/ap/downloadforms.html. Failure to do so is a violation of Section 25-7-114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Part B, Section III.G.1., and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 180 days after commencement of operation as stated in condition 5. 8. 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. Ifa 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. 9. 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. 123/0185/005 ver. 2/00 s DRAFT PERMIT PERMIT NO: DATE ISSUED: ISSUED TO: 03WE0061 Kerr-McGee Gathering LLC INITIAL APPROVAL Modification No. 1 THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Natural gas transmission facility, known as the Dougan Compressor Station, located at 16280 Weld County Road 10, Fort Lupton, Weld County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: AIRS Point Equipment Description 006 Four 225 -bbl, one 200 -bbl, and one 300 -bbl tank manifolded together and used for the storage of condensate. An Air -Assisted Flare is used to control emissions from the condensate storage tank battery vent. 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 Obtain a Final Approval Permit 1. 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. Failure to demonstrate compliance within 180 days may result in revocation of the permit. (Information on how to certify compliance was mailed with the permit.) 2. The operator shall complete site specific testing as required by this permit. 3. The operator shall implement Operating and Maintenance Plan requirements as required by this permit. Emissions and Condensate Production Limits and Recordkeepinq Requirements 4. Emissions of air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis). Compliance with the annual limits shall be determined on a rolling AIRS ID: 123/0185/006 Page 1 of 7 E Kerr-McGee Gathering LLC Permit Number 03WE0061 Initial Approval Colorado Department of Public Heath and Environment Air Pollution Control Division (12) month total. By the end of each month a new twelve month total is calculated based on the previous twelve months' data. The permit holder shall calculate monthly emissions and keep a compliance record on site for Division review. (Reference: Regulation No. 3, Part B, Section I I.A.4) Volatile Organic Compounds: 14.0 tons per year. Facility -wide emissions of each individual hazardous air pollutant shall be less than 8.0 tpy. Facility -wide emissions of total hazardous air pollutants shall be less than 20.0 tpy. 5. This source shall be limited to a maximum condensate throughput rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Monthly records of the actual production rate 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.) Throughput of condensate shall not exceed 22,000 barrels per year. Compliance with the yearly production limits shall be determined on a rolling twelve (12) month total. Operating and Maintenance Plan Requirements 6. Prior to final approval being issued, the applicant shall submit to the Division for approval an operating and maintenance plan for all control equipment and control practices, and a proposed record keeping format that will outline how the applicant will maintain compliance on an ongoing basis with the requirements of this permit. The operating and maintenance plan shall commence at startup. (Reference: Regulation No. 3, Part B, Section III.G.7.) Testing Requirements 7. Prior to final approval being issued, the applicant shall complete site specific sampling including a compositional analysis of the pre -flash pressurized condensate routed to these storage tanks and a sales oil analysis to determine RVP and API gravity. Testing shall be in accordance with the guidance contained in PS Memo 05-01. Results of testing shall be used to determine a site - specific emissions factor using Division approved methods. Results of site -specific sampling shall be used to demonstrate compliance with the emissions factors chosen for this emissions point. Colorado State Standards 8. The condensate storage tanks covered by this permit are subject to Regulation 7, Section XVII emission control requirements. These requirements include, but are not limited to: Section XVII.B — General Provisions Section XVII.B.1.c. - If a flare or other combustion device is used to control emissions of volatile organic compounds to comply with section XVII, it shall be enclosed, have no visible emissions during normal operations, and be designed so than an observer can, by means of visual observation from the outside of the enclosed flare or combustion device, or by other convenient means approved by the Division, determine whether it is operating properly. AIRS ID: 123/0185/006 Page 2 of 7 Kerr-McGee Gathering LLC Permit Number 03WE0061 Initial Approval Colorado Department of Public Heath and Environment Air Pollution Control Division Section XVII.C. - Emission reduction from condensate storage tanks at oil and gas exploration and production operations, natural gas compressor stations, natural gas drip stations and natural gas processing plants. XVII.C.1. Beginning May 1, 2008, owners or operators of all atmospheric condensate storage tanks with uncontrolled actual emissions of volatile organic compounds equal to or greater than 20 tons per year based on a rolling twelve-month total shall operate air pollution control equipment that has an average control efficiency of at least 95% for VOCs on such tanks. XVII.C.3. Monitoring: The owner or operator of any condensate storage tank that is required to control volatile organic compound emissions pursuant to this section XVII.C. shall visually inspect or monitor the Air Pollution Control Equipment to ensure that it is operating at least as often as condensate is loaded out from the tank, unless a more frequent inspection or monitoring schedule is followed. In addition, if a flare or other combustion device is used, the owner or operator shall visually inspect the device for visible emissions at least as often as condensate is loaded out from the tank. XVII.C.4. Recordkeeping: The owner or operator of each condensate storage tank shall maintain the following records for a period of five years: XVII.C.4.a. Monthly condensate production from the tank. XVII.C.4.b For any condensate storage tank required to be controlled pursuant to this section XVII.C., the date, time and duration of any period where the air pollution control equipment is not operating. The duration of a period of non - operation shall be from the time that the air pollution control equipment was last observed to be operating until the time the equipment recommences operation. XVII.C.4.c. For tanks where a flare or other combustion device is being used, the date and time of any instances where visible emissions are observed from the device. 9. This source is subject to the recordkeeping, monitoring, reporting, and emission control requirements of Regulation 7, Section XII VOLATILE ORGANIC COMPOUND EMISSIONS FROM OIL AND GAS OPERATIONS. The operator shall comply with all applicable requirements of Section XII. Additional Requirements 10. Visible emissions shall not exceed zero percent (0%) opacity during normal operation of the source (Regulation 7, Section XVII.B.1.c). 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. EPA Method 9 shall be used to measure opacity. (Reference: Regulation No. 1, Section II.A.1. & 4.) 11. This source is subject to the odor requirements of Regulation No. 2. (State only enforceable) 12. The permit number shall be marked on the subject equipment for ease of identification. (Reference: Regulation No. 3, Part B, III.E.) (State only enforceable) 13. 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: AIRS ID: 123/0185/006 Page 3 of 7 t Kerr-McGee Gathering LLC Permit Number 03WE0061 Initial Approval Colorado Department of Public Heath and Environment Air Pollution Control Division For any criteria pollutant: For sources emitting less than 100 tons per year, a change in actual emissions of five (5) tons per year or more, above the level reported on the last APEN; or 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 c. Whenever new control equipment is installed, new storage tanks installed, existing storage tanks replaced, a new well is drilled and added to the battery, 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. 14. 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 equal 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. 15. Prevention of Significant Deterioration (PSD) requirements shall apply to this source at any such time that this source becomes major for PSD 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. (Reference: Regulation No.3, Part D, Section VI.B.4.) 16. Major stationary source requirements for non -attainment areas shall apply at 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 major stationary source threshold will result in this source being subject to Major Stationary Source requirements of Regulation No. 3, Part D, Section V. This source shall not exceed the major stationary source threshold until compliance with Regulation No. 3., Part D, Section V. has been achieved. By Matthew S. Burgett, P.E. Environmental Engineer Action Date Issued Notes IA Modification No. 1 This Issuance Facility intends to drop out of Title V permitting and requires a Construction Permit. Title V Operating Permit June 25, 2007 Production = 22,000 bbl/yr. Issued to Kerr- McGee Gathering LLC. Title V Operating Permit December 1, 2004 Condensate tank requirements incorporated directly into Operating Permit 95OPWE033. AIRS ID: 123/0185/006 Page 4 of 7 Kerr-McGee Gathering LLC Permit Number 03WE0061 Initial Approval Colorado Department of Public Heath and Environment Air Pollution Control Division Production = 11,000 bbl/yr. Issued to Kerr- McGee Rocky Mountain Corp. AIRS ID: 123/0185/006 Page 5 of 7 Kerr-McGee Gathering LLC Permit Number 03WE0061 Initial Approval Colorado Department of Public Heath and Environment Air Pollution Control Division Notes to Permit Holder: 1) 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. 2) The throughput limits and emission limits contained in this permit are based on the throughput 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. 3) The following emissions of non -criteria reportable air pollutants are estimated based upon the requested condensate throughput contained in your application and the E&P Tanks report dated 02/05/2007. This information is listed to inform the operator of the Division's analysis of the specific compounds. This information is listed on the Division's emission inventory system. UNCONTROLLED CONTROLLED C.A.S. # SUBSTANCE EMISSIONS (LB/YR) REPORTABLE? EMISSIONS (LB/YR) 71-43-2 Benzene 108-88-3 Toluene 1330-20-7 Xylenes 110-54-3 n -Hexane 1800 1404 136 10484 YES YES NO YES 90 70 6 524 4) The emission levels contained in this permit are based on the following uncontrolled emission factors from API's E&P Tanks: Volatile Organic Compounds: Benzene Toluene n -Hexane * flare controls emissions by 95%. Flare Combustion emissions are APEN Exempt 25.1336 pounds per barrel. 0.0818 pounds per barrel. 0.0638 pounds per barrel. 0.4763 pounds per barrel. 5) In accordance with C.R.S. 25-7-114.1, the Air Pollutant Emission Notice (APEN) associated with this permit is valid for a term of five years. The five-year term for this APEN expires on May 2, 2012. A revised APEN shall be submitted no later than 30 days before the five-year term expires. 6) This emission unit is classified as a: Synthetic Minor Source. This facility is classified as follows: Applicable Requirement Status Operating Permit Synthetic Minor PSD Synthetic Minor NA NSR Synthetic Minor MACT HH Synthetic Minor AIRS ID: 123/0185/006 Page 6 of 7 Kerr-McGee Gathering LLC Permit Number 03WE0061 Initial Approval Colorado Department of Public Heath and Environment Air Pollution Control Division GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5,6,7 AND 8) 1. 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. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7- 114.5(7)(a), C.R.S. 3. 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 final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (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. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source that is moved to a new location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part B, Section II.B. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC 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 APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. Compliance with the permit conditions must be demonstrated within 180 days after commencement of operation. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction for a period of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee prior to the expiration date. 7. YOU MUST notify the APCD no later than thirty days after commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7-114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Part B, Section III.G.1., and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 180 days after commencement of operation as stated in condition 5. 8. 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. 9. 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. AIRS ID: 123/0185/006 Page 7 of 7 DRAFT PERMIT PERMIT NO: 94WE760-1 INITIAL APPROVAL DATE ISSUED: Modification No. 1 ISSUED TO: Kerr-McGee Gathering, LLC THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Natural gas transmission facility, known as the Dougan Compressor Station, located at 16280 Weld County Road 10, Fort Lupton, Weld County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: One (1) Custom Triethylene Glycol Dehydrator, s/n: GDUD01W, rated at 80.0 MMscf/day, natural gas fired reboiler, equipped with an electric glycol pump, flash tank and associated still vent. This emission unit uses an air -assisted flare, or reboiler, as the VOC control system. 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 Obtain a Final Approval Permit 1. 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. Failure to demonstrate compliance within 180 days may result in revocation of the permit. (Information on how to certify compliance was mailed with the permit.) 2. The permit number and AIRS ID number shall be marked on the subject equipment for ease of identification. (Reference: Regulation Number 3, Part B, III.E.) (State only enforceable) 3. The operator shall implement Operating and Maintenance Plan requirements as required by this permit. 123/0185/001 ver. 2/00 Kerr-McGee Gathering, LLC Permit No. 94WE760-1 INITIAL APPROVAL Page 2 Colorado Department of Public Hey Air Polk. DRAFT PERMIT Emissions & Process Limits, and Recordkeepinq Requirements 4. Emissions of air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis). (Reference: Regulation No. 3, Part B, Section II.A.4) Annual Limits: Facility Equipment ID AIRS Point Tons per Year NOx VOC CO D-01 001 0.5 11.0 2.7 Facility -wide emissions of each individual hazardous air pollutant shall be less than 8.0 tpy. Facility -wide emissions of total hazardous air pollutants shall be less than 20.0 tpy. Compliance with the synthetic minor status of this facility shall be determined by recording the facility's annual criteria pollutant emissions, (including all HAPs above the de-minimis reporting level) from each emission unit, on a rolling (12) month total. By the end of each month a new twelve-month total is 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. 5. Compliance with the emission limits in this permit shall be demonstrated by running the GRI GlyCalc model version 4.0 or higher on a monthly basis using the most recent extended wet gas analysis and recorded operational values (including gas throughput, lean glycol recirculation rate and other operational values specified in the O&M Plan). Recorded operational values, except for gas throughput, shall be averaged on a monthly basis for input into GRI GlyCalc. 6. This unit shall be configured such that the flash tank vapors are routed to the flare, or reboiler burner (for use as fuel), and still vent vapors are routed to the flare. The flare and reboiler burner shall be capable of reducing uncontrolled emissions of VOC from the TEG dehydration unit to the emission levels listed in Condition 4, above. The reboiler burner shall be firing at all times that flash tank vapors are routed to it. Operating parameters of the control equipment shall be identified in the operation and maintenance plan. (Reference: Regulation No.3, Part B, Section III.E.) 7. This source shall be limited to a maximum processing and/or consumption rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Monthly records of the actual consumption rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B,III.A.4) Dehydration of natural gas shall not exceed 14,600 million scf per year. Compliance with the yearly consumption limits shall be determined on a rolling twelve (12) month total. 8. This unit shall be limited to the maximum lean glycol circulation rate of 5.0 gpm. The lean glycol recirculation rate shall be recorded weekly in a log maintained on site and made available to the Division for inspection upon request. (Reference: Regulation No. 3, Part B, II.A.4) A 123/0185/001 ver. 2/00 Kerr-McGee Gathering, LLC Permit No. 94WE760-1 INITIAL APPROVAL Page 3 Colorado Department of Public Hee DRAFT Air Polk. PERMIT Operating and Maintenance Plan Requirements 9. Prior to final approval being issued, the applicant shall submit to the Division for approval an operating and maintenance plan for all control equipment and control practices, and a proposed record keeping format that will outline how the applicant will maintain compliance on an ongoing basis with the requirements of this permit. The operating and maintenance plan shall commence at startup. (Reference: Regulation No. 3, Part B, Section III.G.7.) State and Federal Requirements 10. 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.) 11. This source is subject to the odor requirements of Regulation No. 2. (State only enforceable) 12. This equipment is subject to the control requirements for glycol natural gas dehydrators under Regulation No. 7, Section XII.C. Beginning May 1, 2005, uncontrolled actual emissions of volatile organic compounds from the still vent and vent from any gas -condensate -glycol (GCG) separator (flash separator or flash tank), if present, shall be reduced by at least 90 percent through the use of air pollution control equipment. This source shall comply with all applicable general provisions of Regulation 7, Section XII. 13. This equipment is subject to the control requirements for glycol natural gas dehydrators under Regulation No. 7, Section XVII.D (State only enforceable). Beginning May 1, 2008, uncontrolled actual emissions of volatile organic compounds from the still vent and vent from any gas - condensate -glycol (GCG) separator (flash separator or flash tank), if present, shall be reduced by an average of at least 90 percent through the use of air pollution control equipment. This source shall comply with all applicable general provisions of Regulation 7, Section XVII. 14. This source is subject to the TEG dehydrator area source requirements of 40 CFR, Part 63, Subpart HH - National Emission Standards for Hazardous Air Pollutants for Source Categories from Oil and Natural Gas Production Facilities including, but not limited to, the following: • §63.764 - General Standards o §63.764 (e)(1) -The owner or operator is exempt from the requirements of paragraph (c)(1) and (d) of this section if the criteria listed in paragraph (e)(1)(i) or (ii) of this section are met, except that the records of the determination of these criteria must be maintained as required in §63.774(d)(1). §63.764 (e)(1)(ii) — The actual average emissions of benzene from the glycol dehydration unit process vent to the atmosphere are less than 0.90 megagram per year, as determined by the procedures specified in §63.772(b)(2) of this subpart. §63.772 - Test Methods, Compliance Procedures and Compliance Demonstration o §63.772(b) - Determination of glycol dehydration unit flowrate or benzene emissions. The procedures of this paragraph shall be used by an owner or operator to determine glycol dehydration unit natural gas flowrate or benzene emissions to meet the criteria for an exemption from control requirements under §63.764(e)(1). §63.772(b)(2) - The determination of actual average benzene emissions from a glycol dehydration unit shall be made using the procedures of either paragraph (b)(2)(i) or (b)(2)(ii) of this section. Emissions shall be determined either uncontrolled, or with federally enforceable controls in place. • §63.772(b)(2)(i) — The owner or operator shall determine actual average benzene emissions using the model GRI-GLYCaIc TM , Version 3.0 or higher, and the procedures presented in the associated GRI-GLYCaIc TM Technical Reference Manual. Inputs to 123/0185/001 ver. 2/00 Kerr-McGee Gathering, LLC Permit No. 94WE760-1 INITIAL APPROVAL Page 4 Colorado Department of Public He2 DRAFT Air Polk PERMIT the model shall be representative of actual operating conditions of the glycol dehydration unit and may be determined using the procedures documented in the Gas Research Institute (GRI) report entitled "Atmospheric Rich/Lean Method for Determining Glycol Dehydrator Emissions" (GRI-95/0368.1); or §63.772(b)(2)(ii) - The owner or operator shall determine an average mass rate of benzene emissions in kilograms per hour through direct measurement using the methods in §63.772(a)(1)(i) or (ii), or an alternative method according to §63.7(f). Annual emissions in kilograms per year shall be determined by multiplying the mass rate by the number of hours the unit is operated per year. This result shall be converted to megagrams per year. • §63.774 - Recordkeeping Requirements o §63.774 (d)(1) - An owner or operator of a glycol dehydration unit that meets the exemption criteria in §63.764(e)(1)(i) or §63.764(e)(1)(ii) shall maintain the records specified in paragraph (d)(1)(i) or paragraph (d)(1)(ii) of this section, as appropriate, for that glycol dehydration unit. • §63.774 (d)(1)(ii) - The actual average benzene emissions (in terms of benzene emissions per year) as determined in accordance with §63.772(b)(2). 15. MACT Subpart HH - National Emission Standards for Hazardous Air Pollutants From Oil and Natural Gas Production Facilities major stationary source requirements shall apply to this source at any such time that this source becomes major solely by virtue of a relaxation in any permit limitation and shall be subject to all appropriate applicable requirements of Subpart HH. (Reference: Regulation No. 8, Part E) Monitoring and Testing Requirements 16. The inlet gas temperature and inlet gas pressure shall be measured and recorded monthly. 17. The owner or operator shall complete an extended wet gas analysis prior to the inlet of the TEG dehydrator on an annual basis. Results of the wet gas analysis shall be used to calculate emissions of criteria pollutants and hazardous air pollutants per Condition no. 4. Additional Requirements 18. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Reg.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, a change in actual emissions of five (5) tons per year or more, above the level reported on the last APEN; or For any non -criteria reportable pollutant: If there is an 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 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. 19. All previous versions of this permit are cancelled upon issuance of this permit. 20. 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 123/0185/001 ver. 2/00 Kerr-McGee Gathering, LLC Permit No. 94WE760-1 INITIAL APPROVAL Page 5 Colorado Department of Public Hee DRAFT Air Polk PERMIT to emit equal 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. 21. Prevention of Significant Deterioration (PSD) requirements shall apply to this source at any such time that this source becomes major for PSD 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. (Reference: Regulation No.3, Part D, Section VI.B.4.) 22. Major stationary source requirements for non -attainment areas shall apply at 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 major stationary source threshold will result in this source being subject to Major Stationary Source requirements of Regulation No. 3, Part D, Section V. This source shall not exceed the major stationary source threshold until compliance with Regulation No. 3., Part D, Section V. has been achieved. By: Matthew S. Burgett, P.E. Permit Engineer Permit History Issuance Date Description IA Modification No. 1 This Issuance Issued to Kerr-McGee Gathering, LLC. Facility intends to drop out of Title V permitting. Title V Operating Permit 95OPWE033 March 27, 2006 Issued to Kerr-McGee Gathering LLC. Title V Operating Permit 95OPWE033 May 10, 2002 Issued to Kerr-McGee Rocky Mountain Corp. Requirements modified via the Title V permit. Addition of flare. Natural gas throughput limit = 14,600 MMscf, VOC limit = 11 ton/yr. Title V Operating Permit 95OPWE033 April 3, 2000 Issued to HS Resources, Inc. Title V Operating Permit 95OPWE033 March 11, 1999 Requirements modified via the Title V permit. Natural gas throughput limit = 14,600 MMscf, VOC limit = 197 ton/yr. Title V Operating Permit 95OPWE033 November 1, 1997 Requirements modified via the Title V permit. Natural gas throughput limit = 14,600 MMscf, VOC limit = 168 ton/yr. Initial Approval December 16, 1996 Issued to KN Wattenberg Transmission Limited Liability. Natural gas throughput limit = 29,200 MMscf, VOC limit = 165.2 ton/yr. 123/0185/001 ver. 2/00 Kerr-McGee Gathering, LLC Permit No. 94WE760-1 INITIAL APPROVAL Page 6 Colorado Department of Public Hee Air Polk DRAFT PERMIT Notes to Permit Holder: 1) The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedence 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/regulations/airregs/100102agcccommonprovisionsreg.pdf. 3) The following emissions of non -criteria reportable air pollutants are based upon the emissions as reported in the most recent APEN submittal. This information is listed to inform the operator of the Division's analysis of the specific compounds. This information is listed on the Division's emission inventory system. C.A.S. # SUBSTANCE EMISSIONS fLB/YRj 71-43-2 Benzene 459 4) The emission levels contained in this permit are based on information provided in the application and the GRI GlyCalc model. Combustion emission factors from AP -42 Table 13.5-1 (1/95). NOx = 0.068 lb/106 Btu CO = 0.37 lb/106 Btu 5) This emission unit is classified as a: Synthetic Minor Source. This facility is classified as follows: Applicable Requirement Status Operating Permit Synthetic Minor PSD Synthetic Minor NA NSR Synthetic Minor MACT HH Synthetic Minor 123/0185/001 ver. 2/00 Kerr-McGee Gathering, LLC Permit No. 94WE760-1 INITIAL APPROVAL Page 7 Colorado Department of Public Hee DRAFT Air Poll PERMIT GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5,6,7 AND 8) 1. 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. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25- 7-114.5(7)(a), C.R.S. 3. 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 final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (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. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source that is moved to a new location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part B, Section II.B. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC 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 APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. Compliance with the permit conditions must be demonstrated within 180 days after commencement of operation. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction for a period of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee prior to the expiration date. 7. YOU MUST notify the APCD no later than thirty days after commencement of the permitted operation or activity by submitting a Notice of Startup (NOS) form to the APCD. The Notice of Startup (NOS) form may be downloaded online at www.cdphe.state.co.us/ap/downloadforms.html. Failure to do so is a violation of Section 25-7- 114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Part B, Section III.G.1., and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 180 days after commencement of operation as stated in condition 5. 8. 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. 9. 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. 123/0185/001 ver. 2/00 Hello