1. Southern Ute Indian Tribe
An Overview of the Southern Ute Air Quality Program

2. 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)

3. Southern Ute Indian Reservation – Land Status Checkerboarded

4. 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

5. Environmental Programs Division
Mission 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

6. 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

7. 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! 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 , state has jurisdiction over fee land within the Reservation
How addressed?
PL Intergovernmental Agreement 2004
Joint CO/SUIT oversight – “Environmental Commission”

8. Why is PL 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.

9. Intergovernmental Agreement
Pub. Law § 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

10. 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

11. 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.

12. 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

13. Questions?

14. Contact Info:
Southern Ute Indian Tribe
Air Quality Program
P.O. Box 737
Ignacio CO 81137
Tele: