UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop Street DENVER, CO 80202-1129 Phone 8()()"227-8917 http://www.epa.gov/region08


## OCT 

## J2009 MEMORANDUM
SUBJECT: Partial Assessment ofthe Southern Ute Indian Tribe'sTitle V Program Submittal
FROM: Cynthia

### J. Reynolds,

# DirectorCV.Yh.~\) - //" Air& Toxics Technical

## Enforce~nt**Pr#nimU~** TO: Callie A. Videtich, Director Air Program
The Region 

### 8Air & Taxies Technical Enforcement Program recommends approval ofthe "Enforcement"portion ofthe Southern Ute Indian Tribe's Title V Program Submittal (Tribe's Submittal). The Oft1ce ofEnforcement and Compliance Assurance (OECA) has also concurred on the enforcementprovisions ofthe submittal. Using thePart 70 OperatingPermits Program Review Checklistfor Tribal Programs (Checklist) as guidance for ourregional review, it 

### was determined that the Tribe's Submittal incorporates the requirements outlined in Checklist Section VIII. Compliance Tracking and Enforcement Provisionand Checklist Attachment

### F, EnforcementAuthority Requirements.
Checklist Section VIIIrequires mechanisms for compliancetracking and enforcement reporting. Checklist Attachment

### Frequires verification ofauthority to address specific violations. It is the determination ofthe Air &.Toxics Technical Enforcement Program and OECAthat all requirements outlined in both Checklist Section V

### ill and Attachment Fhave been met, andthus, we recommend approval ofthcTribe's SubmittaL
Both Robert Dresdner, the AED Title V Programpoint ofcontact, and Ron Rutherford of OECAhave reviewed the enforcementrelatedportions ofthe SouthernUte Tribes Title V program and did not see any unaddressed issues ordeficiencies 

### that would preclude 

### a program approval from Region 8.



# S
Printedon Recycled PaperVIII. COMPLIANCE TRACKING AND ENFORCEMENT PROVISIONS Does the program submittal contain the following? [Yes] RAC 2-122 

### A. ComplianceTracking - A complete description ofthe compliance tracking and enforcement program, or reference to any agreement the permitting authority has with EPAthat provides this information. [70.4(b)(5)] [Yes] RAC 2-123.RAC 2-123(2) states will work with Administrator on method for recording information required, needs to be AFS, the Tribe recognizes this in the "Compliance Assurance and Mutual Settlement Agreement Handbook" 2.2.1 B. Enforcement Reporting - A commitmentfrom the permitting authority to submit, at least annually, to EPA information regarding enforcement activities, including reporting, as a minimum, the following: NOTE: The mechanism that should be used for recording this information is the AIRS Facility Subsystem/Aerometric Information Retrieval System (AFS/AIRS). [70.4(b)(9)] [Yes] RAC 2-123(1)(a) (MOU no crimina! enforcement for the Tribe) 1. The number ofcriminal and civil, judicial and administrative enforcement actions either commenced or concluded. [Yes] RAC 2-123(1)(b) 2. The penalties, fines, and sentences obtained in those actions. [Yes] RAC 2-123(1)(c) 3. The number ofadministrative orders issued. [Yes] RAC 2-121 see also attachment F C. The enforcement authority requirements as specified in Attachment F.

# InIlIIE.'F 

# EIMICE.EIIT

# .lTIllmIEIUIHEMEm

NOTE: The TAR, as finalized does not require Tribes to have criminal enforcement authority. A. Does the program provide the following enforcement authority to address violations of program requirements by permitted sources? [Yes] RAC 2-121(1) 

### 1. Authority to restrain orenjoin immediately and effectively any person by order or by suit in court from engaging in any activity in violation ofa permit that is presenting an imminent and substantial endangerment to the public health orwelfare or the environment. [70.11(a)(1)] [Yes] RAC 2-121{1} 

### 2. Authority to seek injunctive relief in courtto enjoin any violation of any program requirement, including permit conditions, withoutthe necessity ofa prior revocation ofthe permit. [70.11 (a)(2)l [Yes] RAC 2-121(2) 

### 3. Authority to assess orsue to recover in court civil penalties and to seek criminal remedies, including fines, according to the following: [70.11 (a)(3)]

a. Civil penalties are recoverable: [Yes] RAC 2-121 (2)(c) (1) For the violation ofany applicable requirement; any permit condition; any fee orfiling requirement; any duty to allow or carry out inspection, entry of monitoring activities or, any regulation or orders issued by the permitting authority.[YesJ RAC 2-121(2)(b) 

### (2) In a maximum amount of not less than $10,000 per day per violation. [YesJ RAC 2-121(2)(c) b. Mental state is not allowed as an element of prooffor civil violations. NOTE: The permitting authority must impose strict liability for civil violations.

c. Criminal Fines are recoverable: 

### [N/AJ MOU between Tribe and EPA maintains criminal authority with EPA. (1) Against any person who knowingly violates any applicable requirement; any permit condition; or anyfee or filing requirement. 

### [N/AJ MOU

### _Rf:)Jween Tribe and EPA maintains criminal authoritywith EPA. (2) Against any person who knowingly makes any false material statement, representation·or certification in any forms, in any notice or report required by a permit, or who knowingly renders inaccurate any required monitoring device or method. [N/A] MOU between Tribe and EPA maintains criminal authoritywith EPA. (3) In a maximum amount not less than $10,000 per day per violation. [YesJ RAC 2-121(4) 

### B. Is the burden of proofand degree ofknowledge or intent required for establishing violations, as described under item # A. 3. above, no greater than the burden of proof or degree ofknowledge or intent required under the Act? [70.11 (b)]