Tribal Case Study Air Quality and SUIT/CO Environmental Commission

1. Tribal Case StudyAir Quality and SUIT/CO Environmental Commission Brenda Jarrell Southern Ute Indian Tribe Air Quality Program December 7, 2012

2. Southern Ute Indian Tribe/State of Colorado Environmental Commission - Background • Joint Commission created by IGA between tribe and state • Supported by tribal, state, federal legislation • Public Law 108-336 – enacted by Congress • Composed of three state-appointed and three tribally appointed members

3. Division of Responsibilities • Commission Responsibilities • Select CAA programs or other air programs that should apply to reservation • Promulgate program rules and regulations for Reservation Air Program • Administrative review body • Review appealable administrative actions taken by tribe

4. Division of Responsibilities (cont.) • Tribal responsibilities • Recommend programs to commission • Incorporate programs and standards approved by commission into application for delegation • Apply for delegation of recommended programs • Day-to-day Reservation Air Program administration (pursuant to delegation of authority from EPA for CAA programs) • Permitting activities • Conduct inspections • Exercise civil enforcement authority

5. Commission Meetings Environmental Commission website: http://www.southernute-nsn.gov/air-quality/environmental-commission • Commission meetings • Open to the public • Active participation • State of Colorado • La Plata County • Regulated Community • Local air quality groups and agencies

6. Commission –Completed and Current Work • Procedural rules established • Long-term plan for Reservation Air Program completed • Plan for improving and maintaining air quality on reservation • Timeframe and strategy for development and implementation of air programs • Air Quality Control Region • Regional air quality planning

7. Commission – Completedand Current Work (cont.) • Development of the Reservation Air Code • Article I. General Provisions • Article II. Air Quality Control Programs • Part 1 – Part 70 Operating Permit Program regulations • Part 2 – reserved for New Source Performance Standards (NSPS and CAA § 111) applicable to reservation permitted sources • Part 3 – reserved for National Emission Standards for Hazardous Air Pollutants (NESHAP and CAA § 112) applicable to reservation permitted sources • Part 4 – reserved for Commission’s Minor Source Program for reservation

8. Development of Reservation Air Regulatory Programs Part 70 Program Minor Source Program

9. Approval Process of Tribe’s TAS and Part 70 Program Applications Tribe’s Part 70 Permit Program website: http://www.southernute-nsn.gov/air-quality/part-70

10. Part 70 Program Transition • Over 40 EPA permitted Title V sources operating on reservation • Transition Plan • Tribe established a phased scheduled of when each Part 70 Program permit application is due • Three-year transition phase • EPA-issued Part 71 permits  tribally issued Part 70 permits

11. Minor Source Program • Tribe developing its own Tribal Minor Source Program • Currently under development • April 2009 – Proposed by Environmental Commission • Since then, undergone significant revisions based on public comments • June 2011- re-proposed by Environmental Commission for third time • Latest revision addressed July 2011 comments Draft copy of Minor Source Program regulations http://www.southernute-nsn.gov/air-quality/environmental-commission