1. Southern Ute Indian Tribe Courtesy of the Southern Ute Air Quality Program Presentation Prepared by: James Temte and Virgil Frazier

3. Encompasses Significant Amounts of Natural Resources –Natural Gas Exploration & Production Facilities Production Wells Treating Facilities Compression Sites Refineries –(2) Large Coal-Fired Power Plants –Coal Mining –“Proposed” Energy Related Growth (2) EIS Natural Gas Related… (1) Coal-Fired Power Plant… 4 – Corner’s Area

4. Sources of Air Pollution –(38) Sources Major for Title V –(9) Sources Major for PSD –Approximately 200 Minor Sources Portable Engines Sand & Gravel Operations Landfill –Regional Airport Southern Ute Indian Reservation

5. Southern Ute Indian Tribe Today Reservation population of –Enrolled Tribal Members ~ 1,417 Square miles ~ 1,109 Checkerboard of Land Ownership Total Reservation Acreage ~ 680,000 338,000 Acres (Trust) 342,000 Acres (Fee Lands, including Nat’l. Forest Land)

6. 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

7. Environmental Programs Division (EPD) The Mission: –Provide resources in program areas of: Air, Water, Environmental Education, and Tribal Response –Protect: Health, Welfare, and Physical Environment on the Reservation –For: Tribal Members Residents of the Southern Ute Indian Reservation

8. Air Quality Program 26 Years Since First Funded by USEPA Continual Air Quality Assessment Activities –Ambient Air Monitoring –Direct Submittal into EPA’s Air Quality System –Eligibility (TAS) Request & Approval (CAA 105) –Emissions Inventories –Comment on Air Permits, Federal Rules etc. –Educate/Outreach Air Permitting Program Development –Permitting Challenges… –Title V Feasibility Study –Intergovernmental Agreement »SU/CO Environmental Commission –Comprehensive Title V Permitting Program »AQ codes and regulations

9. Air Quality Monitoring Program Funded by the EPA Two Monitoring Sites Ute 1 and Ute 3 –Monitor for Gaseous Pollutants: Ozone NOx CO PM 10 (Apr 1, 1997 – Sept. 30, 2006) PM 2.5 (Currently proposed for Apr 2007) Meteorological Monitoring –Wind Speed, Wind Direction, Vertical Wind Speed, Solar Radiation, Outdoor Air Temperature, Precipitation, and Relative Humidity

10. Permitting Challenges… Program Development Challenge –Regulation of air quality on checkerboarded lands… Type of jurisdictional resolution –Intergovernmental Agreement between the Tribe and the State

11. Unique land status causes jurisdictional confusion…

12. Title V Feasibility Study Why develop a Reservation Title V Program? –(Currently 38 Major Sources Permitted by EPA) –(5 additionally proposed T5 Applications) What is the purpose of developing our own Control Code including Rules and Regulations for the Title V Program? – Exercise Tribal Sovereignty, Local Control

13. Intergovernmental Agreement Intergovernmental Agreement (IGA) w/State (concerning AQ control on the Reservation) –Background Jurisdictional Resolution –Tribe and State did not agree as to territorial and regulatory jurisdiction concerning CAA program administration relative to non-Indian air pollution sources located on fee lands »Tribal Authority Rule P.L. 98-290 Public Law 98-290 (Specific to the Southern Ute Indian Reservation) –Confirms the exterior boundaries of the Reservation –Clarifies the respective criminal & civil jurisdiction of the federal/state/tribal government within the Reservation

14. Intergovernmental Agreement Why? –To resolve jurisdictional issues that have lasted over ten years, between the State, Tribe, and United States Environmental Protection Agency, on tribal and State eligibility to receive delegations of authority to administer Clean Air Act programs on the Southern Ute Indian Reservation.

15. Intergovernmental Agreement Pub. Law §108-336 signed into law Oct 18, 2004 Benefits: –Guarantees local control in the setting and enforcement of air quality standards –Establishes a single regulator vs. multiple regulators (i.e., the State, Tribe, and EPA) for Reservation Air Shed –Protection of air quality on the Reservation applicable to all land within the boundaries of the Reservation. –Establishes a cooperative approach through the SUIT/CO Environmental Commission

16. 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. Started meeting regularly following IGA approval. Consists of three tribally and three state appointed members. Determine the specific CAA, or other air programs, that should apply to the Reservation. Establish program standards for limiting the continued discharge of pollutants. Review appealable administrative actions.

17. SU/CO Environmental Commission Initial Action - Approval Granted to SUAQP on Long Term Plan Development –Continue Ambient Monitoring Program –Title V Permitting Program –Minor Source Permitting Program –NSPS –NESHAPs –Redesignate AQCR –TIP NSR/PSD Visibility

18. SUAQP Title V Permitting Program Development Per Long Term Plan –Title V Operating Permits Program Preparation of Application Components –Permit Application & Contents –Permit Processing / Public Participation –Fee Structure & Analysis –Enforcement EPA to Tribe Permits Transition Module Development Training (i.e. inspections) –Reservation Air Code (DRAFT) Evolves w/Program Federally Enforceable States the requirements & conditions of the tribally issued Title V Permits

19. SUAQP Permitting Program… Simply…SUAQP will be responsible for, –Day-to-day Administration Preparing Appropriate Rules & Regulations Administering Permit Related Activities –Issuing Permits –Collecting Fees –Enforcement Activities Conducting Inspections Initiate Enforcement Actions Issue NOV’s

20. w/program development comes increase in tribal sovereignty… Sovereign Control of Air Resources will allow us to increase our ability to… –Protect, Maintain, & Improve ambient air quality on the reservation through monitoring, regulating, & controlling sources of air pollution on the reservation Why? CAA activities directly relate to… –the Public Health & Welfare of its residents –the economic & political integrity of the Tribe –inherent jurisdiction of the Tribe

21. Contact Info: James Temte – AQ Scientist –Southern Ute Indian Tribe –Air Quality Program –P.O. Box 737 –Ignacio CO 81137 –(ph) 970.563.4705 –(email): jtemte@southern- ute.nsn.us Virgil Frazier – Environmental Compliance Specialist - AQ –Southern Ute Indian Tribe Growth Fund –Safety & Environmental Compliance Management Group –160 Rockpoint Dr. Suite C –Durango, CO 81301 –(ph) 970.764.6481 –(email) vfrazier@sugf.com