southern ute indian tribe an overview of the southern ute air quality program
TRANSCRIPT
Southern Ute Indian Tribe
An Overview of the Southern Ute Air Quality Program
Southern Ute Indian Tribe Today
• Reservation population of– Enrolled Tribal Members ~ 1,417
Square miles ~ 1,109Checkerboard of Land Ownership
Total Reservation Acreage ~ 680,000338,000 Acres (Trust)342,000 Acres (Fee Lands, including Nat’l. Forest Land)
Southern Ute Indian Reservation – Land Status Checkerboarded
Tribe Utilizes Reservation Resources
– Development of Natural Mineral Resources help to Sustain Tribe.
– Tribe acknowledges a need for environmental protection.
•1981 Establishment of the Air Quality Program
•1991 Establishment of the Environmental Programs Division
Environmental Programs DivisionMission Statement:
“The mission of the Division is to make available resources in the program areas of Air, Water, Environmental Education, and Tribal Response for the protection
of the health, welfare, and physical environment of Tribal members and residents of the Southern Ute Reservation, while being cognizant of impacts to tribal
sovereignty.”
Current Programs – Air Quality, Water Quality, GAP/Recycling Program, Tribal Response Program
Air Quality Program• Twenty Four (24) Years Since First Funded by USEPA• Continual Air Quality Assessment Activities – 105
AQ Grant» Ambient Air Monitoring – NOx, O3, CO, PM10,
Met
» Data Submittal to AQS
» Emissions Inventories
» Comment on Proposed Rules, Permits, etc...
» Education/Outreach
• 103 Air Project Grant (FY06-current) – Part 70 Permit Program Development “Project”
» Title V Permitting Program
» AQ codes and regulations
Permitting Program Background• Why develop a Reservation
Title V Program? – Currently 38 Title V Sources, 4 pending new
Title V applications (oil and gas)– GROWTH! 2002 Southern Ute EIS,
Northern San Juan Basin EIS, Farmington NM RMP
• What are issues?– Jurisdiction, over ½ of Reservation is private fee and BLM land– PL 98-290, state has jurisdiction over fee land within the
Reservation
• How addressed?– PL 108-336 Intergovernmental Agreement 2004
• Joint CO/SUIT oversight – “Environmental Commission”
Why is PL 108-336 needed?
• Condition precedent to full implement- ation of the IGA.
• Provides mechanism for civil enforce- ment of regulatory orders and judicial review of final actions by Commission.
• Establishes clear authority for EPA to delegate TAS status to the Tribe for the administration of CAA programs on the Reservation in accordance with the IGA.
Intergovernmental Agreement• Pub. Law §108-336 signed into law Oct 18, 2004
– “...establish a single air quality program applicable to all lands within the exterior boundaries of the Southern Ute Indian Reservation (“the Reservation Air Program”)”
– Establishes the SUIT/CO oversight Environmental Commission
• General Roles/Responsibilities:– Tribe – Appoint 3 Commissioners
• Develops and Proposes Initial Rules and Regulations• Develop a Long-Term Plan for RAP• Administers Program
– State – Appoint 3 Commissioners• Review Tribe’s Proposed Rules and Regulations
Intergovernmental Agreement
• Phases of IGA– Formation Phase – Agreement to T/S Legislation– Development Phase – T/S Legislation to Delegation– Program Phase – Program Approval/Delegation
• Benefits:– Guarantees local control in the setting and
enforcement of air quality standards– Establishes a single regulator vs. multiple regulators
for Reservation Air Shed– Cooperative approach thru the Env. Commission– Avoid potentially long and costly litigation
SUIT/CO Environmental Commission• Mission: To oversee the development and implementation of a
comprehensive and effective program for the protection of air quality throughout the Southern Ute Indian Reservation.
• Regular Environmental Commission meetings since 11/2005.
• Determine the specific CAA, or other air programs, that should apply to the Reservation.
• Establish program standards for limiting the continued discharge of pollutants.
• Establish and Review appealable administrative procedures & actions.
Completed and Current Work• Env. Commission Procedural Rules established – 11/05.• Long-Term Plan for the Reservation Air Program completed
and finalized – 5/06, Title V is first program to be developed.
• Draft “Reservation Air Code” completed and under initial USEPA review – 11/06.
• Part 70 Permit Program Application: – Program Description – 12/06
– Permitting Forms – 2/07
– Fee Demonstration – 3/07
• To do list: – Compliance Enforcement Procedures
– Commission Appeal Procedures
– Criminal Enforcement MOA
– TAS for Part 70 Program
Questions?
Contact Info:
• Southern Ute Indian Tribe
Air Quality Program
P.O. Box 737
Ignacio CO 81137
Tele: 970.563.4705
Email: [email protected]