# Southern Ute Indian Tribe / (2023) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Asouthern_ute%3A78f8aabc820f2be0 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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 Schedule Next Meeting --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Asouthern_ute%3A78f8aabc820f2be0. Public record. Not legal advice.