LONG-TERM PLAN FOR THE RESERVATION AIR PROGRAM

LONG-TERM PLAN FOR THE RESERVATION AIR PROGRAM

Prepared by the Southern Ute Indian Tribe and Approved by the

Southern Ute Indian Tribe/State of Colorado

Environmental Commission

November 2022

Table of Contents

I.

INTRODUCTION. .................................................................................................. 1

II.

AIR POLLUTION PROGRAMS. ........................................................................... 2

A.

B.

C.

TITLE V OPERATING PERMIT PROGRAM. .................................................. 2

NSPS AND NESHAP. ......................................................................................... 3

MINOR SOURCE PROGRAM. .......................................................................... 3

III.

POSSIBLE FUTURE CONSIDERATIONS. .......................................................... 4

IV.

RESERVATION AIR PROGRAM DEVELOPMENT........................................... 5

V.

REGIONAL AIR QUALITY PLANNING. ............................................................ 5

A.

B.

LOCAL CONSULTATION AND COORDINATION ....................................... 5

EMISSION INVENTORY DEVELOPMENT .................................................... 5

VI.

CONCLUSION. ....................................................................................................... 6

HISTORY ........................................................................................................................... 7

LONG-TERM PLAN FOR THE RESERVATION AIR PROGRAM

I.

INTRODUCTION.

This long-term plan for the Reservation Air Program was prepared in accordance

with the Intergovernmental Agreement Between the Southern Ute Indian Tribe and the

State of Colorado Concerning Air Quality Control on the Southern Ute Indian Reservation

dated December 13, 1999 (IGA). In particular, section VIII. A. (g) of the IGA provides

that it is the responsibility of the Southern Ute Indian Tribe to develop a long-term plan,

for approval by the Southern Ute Indian Tribe/State of Colorado Environmental

Commission (Commission), for improving and maintaining air quality within the exterior

boundaries of the Southern Ute Indian Reservation, which also takes into account regional

planning in the La Plata and Archuleta County region. Section VII.(d) of the IGA provides

that it is the Commission’s duty to review and approve the long-term plan that is initially

prepared by the Tribe. The “Reservation Air Program” refers to the single air quality

program applicable to all lands within the exterior boundaries of the Southern Ute Indian

Reservation, the establishment of which program is the purpose of the IGA. The exterior

boundaries of the Southern Ute Indian Reservation (Reservation) were confirmed by

Congress in the Act of May 21, 1984, Pub. L. No. 98-290, 98 Stat. 201, 202 (found at

“Other Provisions” note to 25 U.S.C.S. § 668).

The Reservation is situated in the northern end of the San Juan Basin which is a

geologic structural basin that is one of the largest sources of natural gas in the world. The

majority of the gas produced on the Reservation is coalbed methane from the Fruitland

Formation, but natural gas is also produced from the conventional sandstone reservoirs of

the Pictured Cliffs Formation, the Mesa Verde Group, and the Dakota Sandstone. The oil

and gas industry’s production and processing facilities constitute the majority of the

Reservation’s stationary air pollution sources and range from small gas well pads to large

natural gas treating and processing plants.

Since the early 1980’s the Tribe has maintained an active air quality monitoring

program which, while not under the Commission’s authority, serves important purposes

related to the Tribe’s and Commission’s air quality objectives such as comparing the

Reservation’s ambient air quality to the National Ambient Air Quality Standards (NAAQS)

and revealing air quality trends. The Tribe maintains two stationary air quality monitoring

stations and one mobile air quality monitoring station. These stations measure ambient

concentrations of certain criteria air pollutants, track metrological parameters, record

visibility degradation, identify any exceedances of National Ambient Air Quality

Standards (NAAQS), and provide data and information for use in performing air quality

studies and establishing long-term air quality management goals. Additionally, all ambient

air quality data is submitted to the EPA Air Quality Systems database for use by federal

and state air quality planners. During the last five years, the Tribe has identified instances

of elevated particulate matter from local and regional forest fires, prescribed burns and dust

storms as being the most frequently occurring cause of unhealthy air on the Reservation.

To increase the ability of the Tribe to inform residents of the Reservation and surrounding

region of unhealthy air quality from these events, the Tribe has added two continuous

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particulate matter samplers to the monitoring network. One sampler is located at the Ute 1

station in the town of Ignacio and the second at the Ute 3 station near Bondad, Colorado.

Real-time air quality measurements and corresponding EPA Air Now Air Quality Index

health alerts can be viewed on the Tribe’s Ambient Air Quality Monitoring website at the

following webpage: Ambient Monitoring – Southern Ute Indian Tribe (southernutensn.gov).

This long-term plan describes the rules and regulations the Commission has either

adopted or plans to adopt so that the Reservation Air Program will serve its intended

purpose as the single air quality program applicable to all lands within the exterior

boundaries of the Reservation. To that end, this long-term plan focuses first on those rules

and regulations EPA administers on reservations and second on any additional rules and

regulations determined necessary to improve and maintain the Reservation’s air quality.

II.

AIR POLLUTION PROGRAMS.

This section discusses the Commission’s plans for development and

implementation of Clean Air Act (CAA) and non-CAA air programs. Standards, rules, and

regulations for any new program will be developed and promulgated through rulemaking

in accordance with the Commission’s Procedural Rules. It is the Tribe’s foremost goal to

receive EPA delegation of the core CAA programs or develop analogous rules which better

meet the needs of the Reservation through the Tribal Implementation Plan process. The

core programs include (1) the New Source Review preconstruction permitting programs,

(2) the Title V operating permit program, (3) the New Source Performance Standards, (4)

the National Emission Standards for Hazardous Air Pollutants, and (5) the Maximum

Achievable Control Technology Standards. To date, the Tribe has already obtained, or is

in the process of receiving, delegation of these CAA programs, as described in more detail

in this section of the long-term plan. Once the core CAA programs are obtained and being

successfully administered, it’s the Tribe’s intent to consider the development or adoption

of other non-CAA programs, as described in section III of the long-term plan.

A. TITLE V OPERATING PERMIT PROGRAM.

The 1990 CAA amendments authorized tribal governments to participate in CAA

implementation in the “same manner as a state.” Title V of the CAA (42 U.S.C. §7661),

created by the same amendments, requires states to implement a national operating permit

program. The operating permit program requires that large industrial sources, as well as

certain other sources, of air pollution obtain a permit that consolidates all applicable air

quality regulatory requirements for a facility into one document. The purpose of Title V

permits, sometimes called Part 70 permits because the implementing regulations for the

program are published at 40 CFR Part 70, is to make applicable air quality regulatory

requirements more transparent for industry thereby reducing violations of air pollution laws

and improving enforcement of those laws.

On November 12, 2008, the Commission adopted the Reservation Air Code (RAC),

which includes regulations for a Part 70 Program on the Reservation. On March 15, 2012,

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EPA promulgated its approval, effective March 2, 2012, of the Tribe’s Part 70 Operating

Permit Program application, as well as the Tribe’s Treatment in the Same Manner as a State

application, authorizing the Tribe to administer the Commission’s Part 70 Program within

the exterior boundaries of the Reservation. In accordance with the Southern Ute Indian

Tribe’s Reservation Air Program Transition Plan from Federal Part 71 to Southern Ute

Indian Tribe Part 70 Operating Permit Program, all existing EPA-issued Part 71 permits

were successfully transitioned to Tribally-issued Part 70 permits by the March 2, 2015,

deadline. On September 17, 2014, the EPA approved the Tribe’s initial Compliance

Monitoring Strategy for inspection of Title V sources and the Tribe began conducting

compliance inspections in 2015. On January 29, 2015, the Tribe finalized its Enforcement

Procedures and Penalty Policy Manual outlining the Tribe’s civil enforcement procedures,

civil enforcement penalty policy, and formal and informal enforcement template letters.

The Tribe will continue to complete all required duties for administration of the Title V

program, including permitting, compliance and civil enforcement

B. NSPS AND NESHAP.

New Source Performance Standards (NSPS) and National Emission Standards for

Hazardous Air Pollutants (NESHAP) are established by EPA under Sections 111 and 112

of the CAA, respectively. NSPS and NESHAP set the minimum standards for certain new,

modified, and existing sources of air pollution. On September 6, 2013, EPA delegated full

upfront approval to the Tribe to implement and enforce any NESHAP that the Commission

chooses to include by reference at Article II, Part 3 of the RAC. Additionally, on

September 6, 2013, EPA delegated authority for the Tribe to implement and enforce certain

NSPS that were incorporated by reference into Article II, Part 2 of the RAC by the

Commission. Though it’s unnecessary for the Tribe to have delegation of the NSPS and

NESHAP standards for the purposes of implementing and enforcing these standards as

applicable requirements of Title V permits, the delegation of these rules provides the Tribe

with the authority to enforce the standards independently of a Title V permit. The Tribe

and Commission plan to consider the incorporation of any new NSPS and NESHAP that

apply to Reservation sources into the Reservation Air Code.

C. MINOR SOURCE PROGRAM.

Prior to July 1, 2011, when EPA published its final rule called Review of New

Sources and Modifications in Indian Country, there had been a permitting gap in Indian

County that allowed sources of air pollution to be constructed and operate without first

receiving a preconstruction permit, as is required on any state lands. This rule, referred to

hereafter as the Tribal Minor New Source Review (TMNSR) program, created regulations

for the protection of air resources in Indian country. The TMNSR rules require that a

preconstruction permit be obtained prior to the construction of any new source of air

pollution, and for any modification at an existing source, where the air pollutant emissions

meet certain permitting thresholds deadline . On June 3, 2016, EPA expanded its regulation

of minor sources through implementation of a federal implementation plan (FIP) for true

minor sources in the oil and natural gas sector. The FIP, titled the Federal Implementation

Plan for True Minor Sources in Indian Country in the Oil and Natural Gas Production and

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Natural Gas Processing Segments of the Oil and Natural Gas Sector, will remain in effect

unless replaced by an EPA-approved tribal implementation program.

The Tribe and Commission had been developing a preconstruction air permitting

program, called the Minor Source Program for the Southern Ute Indian Reservation

(MSP), whose scope also covered existing sources, thus accounting for those sources

built during the permitting gap. Development of the MSP was postponed to monitor the

development of the federal TMNSR regulations for true minor sources in the oil and

natural gas sector and to allow the Tribe to allocate resources to implement the Title V

operating permit program. In 2017, the Tribe began re-evaluating the regulation of minor

sources on the Reservation through a stakeholder outreach process and identified the

three following options: (1) continued EPA administration of the federal TMNSR

program and FIP, (2) the Tribe seeks administrative delegation of all or part of the federal

TMNSR program and FIP, or (3) The Tribe develops and submits a TIP to EPA for

approval of a Reservation specific program. Considerations for each option included

evaluation of the level of environmental protection for maintaining compliance with the

ozone NAAQS, feasibility of program development and implementation, and potential

costs to the Tribe and regulated community.

After consideration of stakeholder feedback, on April 24, 2019, the Commission

approved a resolution requesting the Tribe pursue the option to seek administrative

delegation of EPA’s federal TMNSR program and FIP. On April 28, 2020, Tribal

Council approved a resolution authorizing the Tribe’s submission of a conditional

request, pursuant to 40 C.F.R. §49.161 and 40 C.F.R. § 49.103 for administrative

delegation of the TMNSR program and FIP. The Tribe submitted its delegation request

application to EPA Region 8 on April 30, 2020. The Tribe’s application was conditioned

upon receiving assurance from EPA Region 8 of a continued funding mechanism to

ensure the Tribe’s long-term success in administering the programs. The Tribe expects to

obtain administrative delegation and begin implementation of the TMNSR program and

FIP during the next five years.

III.

POSSIBLE FUTURE CONSIDERATIONS.

In addition to the above described programs, during the next five years the Tribe’s

and Commission’s may consider other actions and development of other programs, as

needed, including: 1) a pollutant specific voluntary program such as the EPA’s Ozone

Advance or Methane Challenge or a Tribal Implementation Plan (programs to reduce

Volatile Organic Compounds (VOC) and methane emissions), 2) consideration of adopting

certain State of Colorado air quality initiatives for the oil and gas industry or other

industries, (such as VOC and methane leak detection and repair programs), 3) a Prevention

of Significant Deterioration program, 4) the designation of the Reservation as its own air

quality control region, or 5) any program or rule deemed beneficial for the health of the

Reservation’s residents or its environment (such as a visible emissions rule or greenhouse

gas initiatives).

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IV.

RESERVATION AIR PROGRAM DEVELOPMENT.

Development and implementation of the Reservation Air Program is unique in that

each component program must be reviewed and approved by several governmental entities.

It is the Tribe’s responsibility under the IGA to prepare initial program proposals and drafts

of program standards, rules, and regulations. Before recommendation to the Commission,

those programs must be reviewed by the State. Finally, after review and approval by the

Commission, the Tribe must apply to EPA and receive a delegation of authority to

administer certain CAA components of the Reservation Air Program. After the delegation

or approval of CAA programs, an implementation/transition phase may be necessary for

each approved program.

V.

REGIONAL AIR QUALITY PLANNING.

A. LOCAL CONSULTATION AND COORDINATION

It is the Tribe’s and Commission’s desire to continue development of the

Reservation Air Program in consultation and coordination with the area’s local

governments including La Plata and Archuleta counties and other air quality planning

groups, including the Four Corners Air Quality Group. In that regard, the Tribe and the

Commission will continue to consider these governmental and cooperative agencies’ plans

and initiatives and tribal staff will continue to monitor and participate in regional air quality

protection initiatives.

B. EMISSION INVENTORY DEVELOPMENT

The Tribe plans to continue development of emissions inventories for the Southern

Ute Indian Reservation to aid in future air quality planning and program development for

maintaining compliance with the NAAQS. Comprehensive emission inventories will be

completed no less than every three years and emission inventories of Title V sources will

be completed annually. At the request of EPA, the Tribe is developing a Quality Assurance

Project Plan (QAPP) for emission inventories which outlines the procedures followed by

the Tribe during development of emission inventories. The procedures outlined in the

QAPP will describe how the Tribe’s emission inventory development adheres to the

guidelines set forth in EPA’s Emission Inventory Improvement Program.

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VI.

CONCLUSION.

This Long-Term Plan for the Reservation Air Program sets forth the Tribe and

Commission’s plan for the development of the Reservation Air Program and their intention

for the Program to be developed in a manner that takes into account regional air quality

planning by local area governments and other groups, such as the Four Corners Air Quality

Group and Western Regional Air Partnership. It is the intention of the Tribe and

Commission to review and update this plan once every five years.

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HISTORY

•

Long-Term Plan originally approved by Southern Ute Indian Tribe/State of

Colorado Environmental Commission on June 30, 2006.

•

Amended by the Southern Ute Indian Tribe/State of Colorado Environmental

Commission on June 5, 2013.

•

Amended by the Southern Ute Indian Tribe/State of Colorado Environmental

Commission and approved on June 8, 2016 and ratified on April 12, 2017.

•

Amended by the Southern Ute Indian Tribe/State of Colorado Environmental

Commission and approved on November 9, 2022.

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