Southern Ute Indian Tribe An Overview of the Southern Ute Air Quality Program

Southern Ute Indian Tribe Today Reservation population of Enrolled Tribal Members ~ 1,417 Square miles ~ 1,109 Checkerboard of Land Ownership Total Reservation Acreage ~ 680,000 338,000 Acres (Trust) 342,000 Acres (Fee Lands, including Nat’l. Forest Land)

Southern Ute Indian Reservation – Land Status Checkerboarded

Tribe Utilizes Reservation Resources Development of Natural Mineral Resources help to Sustain Tribe. Tribe acknowledges a need for environmental protection. •1981 Establishment of the Air Quality Program •1991 Establishment of the Environmental Programs Division

Environmental Programs Division Mission Statement: “The mission of the Division is to make available resources in the program areas of Air, Water, Environmental Education, and Tribal Response for the protection of the health, welfare, and physical environment of Tribal members and residents of the Southern Ute Reservation, while being cognizant of impacts to tribal sovereignty.” Current Programs – Air Quality, Water Quality, GAP/Recycling Program, Tribal Response Program

Air Quality Program Twenty Four (24) Years Since First Funded by USEPA Continual Air Quality Assessment Activities – 105 AQ Grant Ambient Air Monitoring – NOx, O3, CO, PM10, Met Data Submittal to AQS Emissions Inventories Comment on Proposed Rules, Permits, etc... Education/Outreach 103 Air Project Grant (FY06-current) – Part 70 Permit Program Development “Project” Title V Permitting Program AQ codes and regulations

Permitting Program Background Why develop a Reservation Title V Program? Currently 38 Title V Sources, 4 pending new Title V applications (oil and gas) GROWTH! 2002 Southern Ute EIS, Northern San Juan Basin EIS, Farmington NM RMP What are issues? Jurisdiction, over ½ of Reservation is private fee and BLM land PL 98-290, state has jurisdiction over fee land within the Reservation How addressed? PL 108-336 Intergovernmental Agreement 2004 Joint CO/SUIT oversight – “Environmental Commission”

Why is PL 108-336 needed? Condition precedent to full implement- ation of the IGA. Provides mechanism for civil enforce- ment of regulatory orders and judicial review of final actions by Commission. Establishes clear authority for EPA to delegate TAS status to the Tribe for the administration of CAA programs on the Reservation in accordance with the IGA.

Intergovernmental Agreement Pub. Law §108-336 signed into law Oct 18, 2004 “...establish a single air quality program applicable to all lands within the exterior boundaries of the Southern Ute Indian Reservation (“the Reservation Air Program”)” Establishes the SUIT/CO oversight Environmental Commission General Roles/Responsibilities: Tribe – Appoint 3 Commissioners Develops and Proposes Initial Rules and Regulations Develop a Long-Term Plan for RAP Administers Program State – Appoint 3 Commissioners Review Tribe’s Proposed Rules and Regulations

Intergovernmental Agreement Phases of IGA Formation Phase – Agreement to T/S Legislation Development Phase – T/S Legislation to Delegation Program Phase – Program Approval/Delegation Benefits: Guarantees local control in the setting and enforcement of air quality standards Establishes a single regulator vs. multiple regulators for Reservation Air Shed Cooperative approach thru the Env. Commission Avoid potentially long and costly litigation

SUIT/CO Environmental Commission Mission: To oversee the development and implementation of a comprehensive and effective program  for the protection of air quality throughout the Southern Ute Indian Reservation. Regular Environmental Commission meetings since 11/2005. Determine the specific CAA, or other air programs, that should apply to the Reservation. Establish program standards for limiting the continued discharge of pollutants. Establish and Review appealable administrative procedures & actions.

Completed and Current Work Env. Commission Procedural Rules established – 11/05. Long-Term Plan for the Reservation Air Program completed and finalized – 5/06, Title V is first program to be developed. Draft “Reservation Air Code” completed and under initial USEPA review – 11/06. Part 70 Permit Program Application: Program Description – 12/06 Permitting Forms – 2/07 Fee Demonstration – 3/07 To do list: Compliance Enforcement Procedures Commission Appeal Procedures Criminal Enforcement MOA TAS for Part 70 Program

Questions?

Contact Info: Southern Ute Indian Tribe Air Quality Program P.O. Box 737 Ignacio CO 81137 Tele: 970.563.4705 Email: jtemte@southern-ute.nsn.us