Southern Ute Indian Tribe / (2023)

Southern Ute Indian Tribe /

State of Colorado

Environmental Commission

Meeting

November 29, 2023

Agenda

New Business

• Approval of April 26, 2023 Meeting Agenda

• Approval of November 9, 2022 Meeting Minutes

Air Quality Division Status

On April 25, 2023, the Southern Ute Tribal Council authorized the creation of the

Environmental Programs Department through Resolution No. 2023-077.

• Why this move occurred?

• Scope and size of EPD has changed over the years.

• Increased functionality.

• EPD’s civil enforcement functions vs. Justice and Regulatory’s criminal functions.

• This moved the Environmental Programs from a Division to a Department and the Air

Quality Program to an Air Quality Division.

• The Environmental Programs no longer operates under the Justice & Regulatory

Department.

• All staff within Environmental Programs adopted new titles.

New Staff & New Roles

• New Staff

• Michael Kirsch – Air Quality Scientist II - Planner

• Sharon LeBeau – Air Quality Scientist I – Compliance

• New Roles

• Andrew Switzer – Air Quality Program Manager – Monitoring & Planning

Reservation Air Code Revisions

• Article I and Article II: Part 1

• Updated the “major source” definition for consistency with EPA’s “major source”

definition

• Removed outdate provision related to the programs transition of Part 71 permits

• Added requirements to require operators to use the most current forms provided by the

Tribe

• Updated permit application completeness determination and permit issuance language

• Updated requirements for operators who are issued an initial or revised New Source

Review.

• Multiple minor revisions to provide administrative clarity.

• Article II: Parts 2 and 3

• Incorporated “newly” promulgated New Source Performance Standards (NSPS) and

National Emission Standards for Hazardous Air Pollutants (NESHAP).

•

40 CFR Part 60 Subpart OOOOa and 40 CFR Part 63 Subpart DDDDD, Subpart CCCCCC, and

Subpart JJJJJJ

Reservation Air Code Revisions

• On November 16, 2022, following the Environmental Commission's direction, two

sets of Reservation Air Code (RAC) revisions were submitted to public comment

through a direct final rulemaking.

• No comments were received on Article II: Parts 2 and 3. The RAC was finalized

with these revisions and issued final on January 17, 2023.

• Comments were received on Article I and Article II: Part 1.

• The AQP revised Article I and Article II: Part 1 in consideration of the comments

received.

• The AQP proposed the revisions to the Commission at the April 26, 2023

Environmental Commission meeting.

• On May 3, 2023, following the Environmental Commission's direction, the

Reservation Air Code (RAC) revisions were submitted to public comment through a

proposed rulemaking.

• No comments were received on the second public notice, nor during the required

EPA review.

• The RAC was finalized on September 15, 2023.

Title V Operating Permit

Program Updates

Title V Permitting

Title V sources are major sources that emit 100 tons of any single criteria air pollutant, and/or 10 tons

per year of any single hazardous air pollutant, or 25 tons of any combination of hazardous air

pollutants. Title V permits contain all of the regulations/requirements that a facility is subject to

(Federal, pre-construction, prevention of significant deterioration, consent decrees, settlement

agreements, etc). Title V permits also require the permittee to certify compliance with all applicable

rules and regulations every year.

• The Tribe currently permits 32 Title V sources on the Reservation.

• Initial permit applications are required to be submitted within 1 year of becoming subject to Title V.

• Each Title V permit is valid for a period of 5 years.

• Title V permits can be modified by request from the permittee through either the administrative,

minor, or significant permit revision process.

Title V Permitting

Current and Recently Completed Permitting

 Processing eight permit renewals

 Processing one initial permit

 Completed one administrative permit revision since last EC

meeting.

 Continuing to review draft NSR and PSD permits from EPA

Region 8, and Title V and NSR permits from the State of New

Mexico and Colorado

 The AQD is expecting to permit 2 or more new Title V sources

in the next year

Title V Compliance Overview and Update

Overview

• The AQD administers compliance inspections to 32 permitted

Title V sources on the Reservation.

• Types of facilities with Title V permits on the Reservation include

natural gas processing plants, gas transmission facilities, and a

landfill.

• Compliance inspections conducted on a biannual monitoring

schedule approved by EPA.

Current Approved Compliance Monitoring Schedule:

Fiscal Year 2023 (October 1, 2022 – September 30, 2023):

• 17 of 17 Title V facility inspections conducted.

Fiscal Year 2023 (October 1, 2023 – September 30, 2024):

• 18 Title V facility inspections scheduled to be completed

Title V Enforcement

The AQD conducts civil enforcement for findings of non-compliance identified during compliance inspections. The

enforcement team determines if the non-compliance rises to the level of an alleged violation, and the appropriate

enforcement path is chosen based on the AQD Enforcement Procedures and Penalty Manual.

• Area of Concern (No violation, but could potentially lead to a violation if unaddressed)

• Informal (Minor or Moderate Violations)

• Compliance Advisory or Written Warning

• Formal (Major, Moderate, or Repeat Violations)

• Notice of Violation with Settlement Agreement

• Monetary Penalties are calculated based on EPA Civil Penalty Policy and considering multiple factors

• Actual or Potential Harm (actual release, toxicity of pollutant, sensitivity of the environment)

• Length of Time of Violation

• Regulatory Scheme (reporting, notifications, recordkeeping, testing, etc.)

• Size of Source

• Compliance History

• Mitigating Factors (voluntary disclosure, prompt correction, early settlement, etc.)

Title V Enforcement

• Informal & Formal Enforcement

Informal enforcement actions

• Compliance Advisories/Warning letters

• 2022= 6

• 2023= 5 (to date)

Formal enforcement actions

• Notices of Violation

• 2022= 0

• 2023= 0 (to date)

• Enforcement Summary

Total enforcement cases = 47

• Informal = 31

• Formal = 16

2015

Informal

0

Formal

1

2016

5

6

2017

1

2

2018

0

3

2019

7

1

2020

4

1

2021

4

2

2022

6

0

2023

5

0

Williams Global Settlement

• Global Settlement – A case which serves to settle multiple claims within a single

settlement, as opposed to with individual cases

• Has benefits for both the defendant and plaintiffs

• In 2019 the Tribe joined as a co-plaintiff in a DOJ and EPA global settlement against the

Williams Companies and spanning 15 facilities across seven states, including a source on

the Southern Ute Reservation

• The Tribe had interest in the inclusion of alleged violations identified by the Tribe during

Title V source inspections and relating to a process flare

• The parties reached agreement in 2023 on a flare monitoring plan for inclusion in the final

consent decree

• The consent decree was signed by all parties and was lodged in the U.S. District Court for

the District of Colorado on April 20, 2023

• Finalization of the consent decree is expected by the end of the year

Minor Source Program

• A program for sources below the CAA

“major source” permit thresholds

• Approximately 250 true minor oil and gas

sources on the Reservation

• Collectively, these sources emit larger

concentrations of ozone precursor

emissions than major sources

• These sources are typically well-sites with

compressor engines, small compressor

stations and produced water injection wells

Minor Source Program Current Status

• The Tribe’s delegation request was submitted in

April of 2020 and (1) “conditioned” upon receiving

a program funding commitment from EPA and , (2)

reaching an agreement on delegation roles and

responsibilities.

• Slow moving process due to resource constraints at

EPA and no Tribe having yet received delegation

• Most recently, the Tribe and EPA have nearly

finalized a draft delegation agreement

• Agreement outlines authorities/roles and

responsibilities of the Tribe and EPA

• Agreement will be published in the federal register

for public comment – planned for 2024

• Depending on timing, source inspections may begin

in 2025

Climate Pollution Reduction Grant (CPRG)

• Inflation Reduction Act grant for states, local governments, tribes and territories

• 5 billion dollars for the development of plans to reduce greenhouse gas (GHG) emissions and other

harmful pollutants

•

Split into two phases-Phase I planning grant and Phase II implementation grant

• The AQD applied for and was awarded funding under the Phase I planning grant

• AQD has proposed the reduction of GHG and co-pollutants through increased CAA minor source

inspections during the implementation phase- as a means of funding minor source program

implementation

• To qualify for the Phase II funding the AQD is responsible for three key deliverables by April 1, 2024

• (1) Emissions inventory QAPP, (2) Priority Climate Action Plan (PCAP), and (3) implementation grant

application

• Phase II implementation grant requires the development of a comprehensive GHG emissions

inventory and Comprehensive Climate Action Plan (CCAP)

Ambient Monitoring

Program Update

Ozone

Nitrogen Dioxide

Carbon Monoxide

Methane/NMHC

PM10

PM2.5

Visibility

Wind Speed/Direction

Relative Humidity

Ambient Temperature

Solar Radiation

Precipitation

Ute 1

(Ignacio)

X

X

X

X

X

X

X

X

X

Ute 3

(Bondad)

X

X

X

X

X

X

X

X

X

X

X

X

Mobile

(Lake Capote)

X

X

X

X

X

X

Ambient Monitoring Program Update Ozone

Design Value (ppb)

Ozone Standard : 70 ppb

70

60

65

66

64

50

65

65

64

66

66

40

30

20

2019

2020

2021

2022

Ignacio/Ute 1

Bondad/Ute 3

Ambient Monitoring Program Update –

Nitrogen Dioxide

31.5

26

24

NO2 Standard :100 ppb

Design Value (ppb)

23

20

21.5

21

18

17

11.5

16

1.5

2019

2020

2021

2022

Ignacio/Ute 1

Bondad/Ute 3

Ambient Monitoring Program Update - PM10 and PM2.5

• PM Monitoring on the Reservation is non-regulatory

210

185

160

135

110

85

60

35

10

210

11.5

109.5

30.5

2018

2019

67.5

2020

88.1

Annual Average (ug/m3)

Highest 24 hour Average (ug/m3)

• Data is collected for the purpose of informing citizens in real-time of hazardous PM levels

due to naturally occurring forest fires, prescribed burns, and dust storms

10.6

9.5

7.5

5.5

4.6

3.5

5.7

5.9

6

1.5

2018

2019

2020

2021

2022

2021

2022

Bondad/Ute 3

Bondad/Ute 3

* The higher values in 2018 are from the 416 Fire

Tribal Air Initiatives – Southern Ute Growth Fund

CDPHE Updates

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