SOUTHERN UTE INDIAN TRIBE / (2024)
Tribal code
Ask Donna
What actually matters in this document.
Text
SOUTHERN UTE INDIAN TRIBE /
STATE OF COLORADO
ENVIRONMENTAL
COMMISSION MEETING
November 20, 2024
AGENDA
2
NEW BUSINESS
Approval of November 20, 2024 Meeting Agenda.
• Approval of April 24, 2024 Meeting Minutes.
•
3
AIR QUALITY
DIVISION
UPDATES
•
•
•
•
•
•
New Staff Member
Ambient Monitoring Program Updates
Title V Updates
TMNSR- Minor Source Program Updates
CPRG- Climate Pollution Reduction Grant Updates
NSPS- New EPA Methane Rule Updates
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
4
AMBIENT AIR MONITORING PROGRAM
UPDATES
5
AMBIENT MONITORING PROGRAM
MONITORING SITES
Ozone
Nitrogen Dioxide
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
Mobile
(Lake Capote)
X
X
X
X
X
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
6
AMBIENT MONITORING PROGRAM
OZONE
66
Ozone Standard : 70 ppb
Design Value (ppb)
70
65
65
60
66
67
50
40
30
20
2019
2020
2021
2022
2023
Ignacio/Ute 1
Bondad/Ute 3
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
7
AMBIENT MONITORING PROGRAM
PARTICULATE MATTER
• Continuous PM2.5 & PM10 monitoring at Ignacio and Bondad stations.
• PM Monitoring on the Reservation is non-regulatory because high values are from “exceptional events”.
• 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.
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
8
AMBIENT MONITORING PROGRAM
DIRECT AWARD GRANT
Inflation Reduction Act - Direct Award Monitoring Grant
• A non-competitive grant to support States and Tribe’s upgrade existing and outdated monitoring equipment at
critical air monitoring stations
• Required completion of eligibility survey that assessed value of station to air data in a strategic location or region
and the age of the monitors
o July 1st, 2024: AQD was awarded $320,000 to upgrade monitoring equipment at all three AQD air stations
• Once in a decade opportunity with good timing for the AQD, due to the majority of AQD’s equipment being 10+
years old
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
9
REAL TIME AIR QUALITY AND WEATHER
RESOURCES
https://www.southernutensn.gov/government/departments/epd
/air-quality/ambient-monitoring/)
US EPA’s AirNow Web page: https://www.airnow.gov/
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
10
TITLE V OPERATING PERMIT PROGRAM
UPDATES
11
TITLE V
PERMITTING
12
TITLE V
PERMITTING
Current and Recently Completed Permitting
• The AQD currently permits 33 Title V sources on the
Reservation (approximately 13% of the Title V sources in
Colorado).
• Currently processing 19 permit renewals and 3 initial permits
• Issued 3 permit renewals and 2 minor revisions since last EC
meeting
• The AQD is expecting to recieve permit applications for 2 or
more new Title V sources in the next year
• Continuing to review draft permits from EPA, New Mexico,
Colorado, and Navajo Nation.
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
13
TITLE V
Overview
COMPLIANCE
• Types of facilities with Title V permits on the Reservation
include:
o Natural gas compressor stations, processing plants and
transmission facilities, and a municipal solid waste
landfill.
• Compliance inspections conducted on a biannual frequency
according to compliance monitoring schedule (CMS) approved
by EPA.
CMS Progress:
• Fiscal Year 2024 (October 1, 2023 – September 30, 2024):
o 18 of 18 Title V facility on-site inspections conducted and
11 inspection reports signed and final.
• Fiscal Year 2025 (October 1, 2024-September 30, 2025:
o 17 Title V facility inspections scheduled in CMS
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
14
TITLE V
COMPLIANCE
Onsite Inspection
The AQD Compliance team will prepare for an inspection by:
• Reviewing the current permit conditions.
• Verifying emission units and their applicability to Tribal and Federal
regulations, as represented in permit application.
• Performing an onsite inspection to identify all applicable emission
units and their current operating status. Determine if each unit is:
o Operational (Yes/No)
o Running (Yes/No)
o Status (Verified/Not Verified)- for insignificant emissions Units
• Taking note of any additional observations and surveying the
facility with and OGI Camera for leaks and areas of concern.
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
15
TITLE V
ENFORCEMENT
The AQD conducts civil enforcement for findings of non-compliance identified during compliance inspections
The appropriate enforcement path is chosen based on the AQD Enforcement Procedures and Penalty Manual
Two main enforcement pathways:
• Informal (minor or moderate violations)
o Compliance Advisory or Written Warning
o Do not typically include civil penalty or corrective measures
• Formal (Major, Moderate, or Repeat Violations)
o Notice of Violation - with or without Settlement Agreement
o Include civil penalty and corrective measures to ensure compliance
Goal of enforcement program is maintaining environmental compliance and deterring future non-compliance
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
16
TITLE V
ENFORCEMENT
Informal and Formal Enforcement
• Informal enforcement actions
o Compliance Advisories/Warning letters
7
o 2023= 5
6
o 2024=5
6
5
5
• Formal enforcement actions
4
o Notices of Violation
4
3
o 2023= 0
2
o 2024= 0
1
0
• Total enforcement cases = 52
o Informal = 36
5
Informal
Formal
1
2
0
1
1
0
0
0
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
0
1
5
6
1
2
0
3
7
1
4
1
4
2
6
0
5
0
5
0
o Formal = 16
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
17
MINOR SOURCE PROGRAM
UPDATES
18
MINOR SOURCE PROGRAM
CURRENT STATUS
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
19
MINOR SOURCE PROGRAM
CURRENT STATUS
On June 11, 2024, the Tribe received EPA delegation of
two additional Clean Air Act Programs:
• The Tribal Minor New Source Review Program
(TMSNR program) – 40 CFR §§49.151 through 49.164
• Site-specific permits
• Can be used to establish emissions limitations
• 6 general permits
• The Federal Implementation Plan for Managing Air
Emissions from True Minor Sources in Indian Country
in the Oil and Natural Gas Production and Oil and
Natural Gas Processing Segments of the Oil and
Natural Gas Sector (Oil and Gas FIP) – 40 CFR
§§49.101 through 49.105.
• Streamlined pre-construction program for true
minor oil and gas sources
• Includes 8 incorporated NSPS and MACT
standards
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
20
WHAT IS A MINOR SOURCE?
• Minor Source - a source with emission below the
New Source Review “major source” permit
thresholds (250 tpy of any single criteria pollutant)
and above the “minor source” thresholds.
.
Regulated NSR pollutant
• Minor sources can be Title V sources also (100
TPY of any single criteria pollutant).
• Types of Minor Sources
• True minor source – a source that is below
major source thresholds without emissions
limitations
• Synthetic minor source – a source that
established emissions limits to get below a
major source threshold (major NSR or Title V)
Minor NSR thresholds
for attainment areas (tpy)
Carbon monoxide (CO)
10
Nitrogen oxides (NOX)
10
Sulfur dioxide (SO2)
10
Volatile Organic Compounds
(VOC)
5
PM
10
PM10
5
PM2.5
3
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
21
MINOR SOURCES ON THE SUIR
.
Source Type
Facility Types
Amount
True Minor NSR Sources
(Most of these sources are
registered under the FIP)
natural gas and oil production
well sites, central delivery points,
water injection facilities
160+
Synthetic Minor NSR Sources
(These sources are
permitted through the
TMSNR Program)
natural gas compression facilities,
natural gas treatment plants
11
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
22
PERMITTING DELEGATION AGREEMENT
WHAT’S DIFFERENT?
Permitting- No significant changes from EPA process
Forms, and Information•
New AQD TMNSR and FIP Registration forms and
program information are available on AQD website: New
Source Review Permitting – Southern Ute Indian Tribe
TMNSR- AQD is now responsible for:
•
Issuance of site-specific TMSNR permits and revisions to
existing EPA issued permits
•
Issuance of General Permits for 6 industries/activities
•
EPA still responsible for issuing permits for applications
previously deemed complete by EPA
FIP- AQD now responsible for:
•
Review and approval of Part 1 and Part 2 FIP Registrations
•
EPA still responsible for Part 2 FIP Registrations if they
approved the preceding Part 1 Registration
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
23
COMPLIANCE DELEGATION AGREEMENT
WHAT’S DIFFERENT?
Compliance- schedule and delegation
Inspection
•
The Tribe is required to inspect all TMSNR and FIP
sources beginning in 2025 under EPA approved
Compliance Monitoring Strategy
•
The 160+ FIP sources have never been inspected by EPA
•
Inspections will be conducted on a five-year schedule
(one inspection every five years)
Enforcement
•
Non-compliance of TMSNR or FIP specific requirements
will be referred to EPA for enforcement (enforcement
not delegable to Tribe’s)
•
AQD reserves the right under the Delegation Agreement
to initiate enforcement of NSPS/MACT violations
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
24
AQD COMPLIANCE PROCESS
Compliance- Inspections
Synthetic minor source inspections:
•
Comprehensive compliance evaluation and will include an on-site visit and detailed inspection report
(similar to Title V inspection)
FIP sources inspections:
• Streamlined inspection process and on-site visits will not always occur
• Pre-inspection form will include pre-populated information regarding emissions units at the source
(obtained during development of the AQD’s 2023 emissions inventory).
• Operator will be required to complete basic information about the applicability of each emission
unit/source to the 8 incorporated NSPS and MACT rules
• Inspectors may request records required of any applicable NSPS or MACT rule
• Inspection report will be MS form and summarize findings of pre-inspection form and records reviews
Excel based
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
25
CLIMATE POLLUTION REDUCTION GRANT
UPDATES
26
CLIMATE POLLUTION REDUCTION GRANT (CPRG)
OVERVIEW
• Two phase grant available to States, Tribes and Territories
for the development and implementation of plans to
reduce greenhouse gas and other harmful pollution.
o Phase I – Planning Grant – AQD awarded a planning
grant in September of 2023 ($371,751)
o Phase II – Five-year Implementation Grant – AQD
notified of being selected for award in September
2024 ($4.9 million).
• One of 33 applications selected out of 111
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
27
CLIMATE POLLUTION REDUCTION GRANT (CPRG)
TIMELINE AND DELIVERABLES
• Phase I grant- the AQD responsible for four deliverables:
o (1) Emissions Inventory Quality Assurance Project Plan (QAPP) - completed and approved by
EPA in January of 2024.
o (2) Priority Climate Action Plan (PCAP) – completed and submitted to EPA April 1, 2024, and
later approved.
o Included a partial GHG emissions inventory (oil and gas minor sources)
o (3) Optional - Implementation grant application- submitted to EPA May 1, 2024
o (4) Comprehensive Climate Action Plan (CCAP) - due in 2027
o Must include a comprehensive GHG inventory
• Phase II grant – the AQD is responsible for one deliverable:
o (1) Implementation of the PCAP - during the five-year grant cycle
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
28
CLIMATE POLLUTION REDUCTION GRANT (CPRG)
PHASE II- IMPLEMENTATION
AQD Plan - Reduce GHG and volatile organic compound (VOC) emissions from minor oil and gas sources on the
SUIR through the Tribe’s voluntary administration and implementation of several Clean Air Act (CAA) programs
and standards including:
1. Implementation of the TMSNR program and Oil and Gas FIP
• Delegation received June 2024
2. Adoption and implementation of the New Source Performance Standards (NSPS) for Crude Oil and Natural
Gas Facilities (NSPS OOOO series rules)
•
•
NSPS Subparts OOOO, OOOOa previously adopted by Commission
NSPS OOOOb to be proposed for adoption by Commission
3. Evaluating the development of a Tribal Implementation Plan for adoption and implementation of NSPS
Emissions Guidelines for GHG from Existing Crude Oil and Natural Gas Facilities.
•
NSPS Subpart OOOOc.
• Phase II funding will be used to fund the Tribe’s implementation of the minor source programs
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
29
EPA VOC & METHANE RULE
UPDATES
30
EPA’S UPDATED VOC & METHANE RULE
OOOOb & OOOOc
Two new rules published on March 8, 2024 that reduce methane and VOCs from the oil and natural gas production and
transmission sectors
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
31
NEW SOURCE PERFOMANCE STANDARDS
OOOOc
• EPA established Emissions Guidelines (EG) for states to follow as they develop plans to limit GHG (in the form
of limitations on methane emissions) from existing sources.
• Includes a “model rule” that states and tribes can choose to adopt
• Existing source NSPS rules (established under CAA section 111(d)) cannot typically be adopted like other
NSPS rules.
• Authority to implement requires the development of a State Implementation Plan or a Tribal
Implementation Plan (SIP or TIP)
• In absence of a SIP or TIP, a Federal Implementation Plan (FIP) will be established and administered by EPA
• Once a SIP, TIP, or FIP is in place for OOOOc, it will replace the NSPS OOOO & OOOOa rules
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
32
NEW SOURCE PERFOMANCE STANDARDS
OOOOc- TIP
A Tribal Implementation Plan (TIP) is an air quality plan developed by a tribe to help attain and/or maintain NAAQS for
CAPs and fulfill other requirements of the CAA.
• The Tribe is beginning to research the pros and cons of developing a TIP for adopting the EG established in the
NSPS OOOOc rule.
• State or Tribal plan due to EPA March 9, 2026.
• Development of plan requires public participation/stakeholder outreach component (as outlined in NSPS Ba)
• AQD plans to begin scoping process and public/stakeholder outreach
• Summary of scoping activities will be provided to the Commission
• If the Commission and Tribe finds it would be a benefit to develop a TIP, the AQD will begin development
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
33
POSSIBLE ALTERNATE DELEGATION METHOD
DELEGATION OF FEDERAL PLAN for OOOOc
New Information to AQD - In lieu of Tribal plan submittal, Tribes
may submit a written request for delegation of the Federal Plan to
meet its Clean Air Act section 111(d) obligations.
A Federal plan delegation request must include the following:
• A demonstration of adequate resources and legal authority to
administer and enforce the Federal plan.
• Inventory of affected facilities and emissions.
• A plan for reporting progress to EPA
• Certification that a public hearing was held
• A commitment to enter into a Memorandum of Agreement with
the Regional Administrator.
40 CFR 60.5372c
Ambient Monitoring _________________ Title V _________________ Minor Source _________________ CPRG _________________ NSPS-Methane
34
UP NEXT:
• CDPHE Updates
• Schedule Next Commission Meeting
35
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.