How a tribe can work effectively with STATE agencY to achieve targeted AIR pollution reductions

1. How a tribe can work effectively with STATE agencY to achieve targeted AIR pollution reductions Brenda Jarrell Southern Ute Indian Tribe Air Quality Program December 6, 2012

2. Title V Program Feasibility Study • Tribe utilizes Reservation resources • Gas exploration and production • Reservation Emissions Inventory conducted • Title V facilities • PSD sources • Production wells • Compressors Figure 1. Title V facility on the Reservation.

3. Title V Program Feasibility Study (cont.) • Identified pollutants generated by gas exploration and production • Identified need to protect environment and health and welfare of reservation residents

4. Tribal Authority Rule (TAR) and Tribe’s 1st TAS Application Submittal • February 1998 – Promulgation of TAR • July 1998 – Tribe submitted TAS application to US EPA for purposes of • CAA program administration • CAA §105 grant funding • April 2000-Tribe received TAS approval (CAA §105 grant specific) • Receive formal recognition as “affected state” • Comment on draft operating permits within 50 mile radius of reservation

5. TAS Application Submittal (cont.) • In TAS application, tribe asserted jurisdiction to regulate all sources of air pollution within Reservation boundaries • Public Law 98-290 (Specific to Southern Ute Reservation) • Congress confirmed Southern Ute Reservation boundaries in the Act of May 21, 1984, Pub. L. No. 98-290, 25 U.S.C. § 668

6. Comments on Tribe’s TAS Application • State of Colorado submitted comments • Under P.L. 98-290 – State of CO commented it has jurisdiction to regulate non-Indian owned sources on fee land within exterior boundaries of reservation • Despite P.L. 98-290, tribe and state did not agree on territorial and regulatory jurisdiction concerning CAA program administration relative to non-Indian air pollution sources on fee lands

7. Map created by SUIT DNR GIS Who Has Air Quality Jurisdiction? Tribal members – nearly 1,500 enrolled Tribal members Reservation – nearly 682,000 acres

8. Jurisdictional Solution • Rather than litigate this dispute… • Litigation  costly and lengthy • Tribe and state work cooperatively to develop comprehensive air quality program applicable to all lands within reservation boundaries • Intergovernmental Agreement (“IGA”)between tribe and state established

9. IGA Timeline Tribe submits TAS Application to U.S. EPA Tribal Council resolution enacted, and state legislation 1998 1999 2000 2004 Federal Legislation - Public Law 108-336 IGA signed by tribe and state of Colorado

10. IGA Benefits • Establishes cooperative approach through joint Tribal/State Environmental Commission • Joint oversight of air regulatory programs on Reservation • Guarantees local control in setting and enforcement of air quality standards • Establishes single regulator vs. multiple regulators (i.e., state, tribe, and EPA) for reservation air shed • Protection of air quality applicable to all land within reservation boundaries

11. Outcomes • Tribe and state continue to work collaboratively through Commission • Commission meetings • Active participation from state of Colorado, La Plata County • Regulated community • Local air quality groups • Tribe’s AQP working with State Air Pollution Control Division • Resources • Technical assistance

12. Collaboration is Key Photo courtesy of SUIT AQP