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So·uTHERN u·TE IN IAN TRIBE 

.luly3. 2012 

Mr. James B. Mattin 

Regional Administrator 

USEPA Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

{{e: Request for Approval of Authority to Implement New Sour c Performance 

Standards (Clean Air Act Section Ill) and National Emissi n Standards for 

Haz<1rdous Air Pollutants (Clean Air Act Sc•!tion 112) 

Dear Mr. Martin: 

I am writing on behalf of the Soulhem Ute Indian Tribe to request auth rization from the U.S. 

Environmental Protection Agency - Region 8, for the Tribe to implem.e t New Source 

Perfonnance Standards (NSPS) and National Emission Standards for H · dous Air Pollutants 

(NESJ-lAPs) (established by EPA under Sections ill and ll2 of the Cl an Air Act (CAA), 

respectively) on lhe Southern Ute Indian Reservation. In support ofthi request and as 

described below. the Tribe asserts that it satisfies the eligibility require cnts of40 CFR § 49.6 

and 40 CFR § 63.9J(d)(3) for Clean Air Act program approval and req 

1

ests EPA·s confirmation 

of the Tribe's satisfaction of thc;se requirements. 

Tribal Authority Rule Eligibility Criteria 

Tht: Tribal Authority Rule (40 CFR Part 49) contemplates that an l.ndi 

CAA program approval after it meets the eligibility requirements set to 

40 CFR § 49.7. Specifically, 40 CFR § 49.7(a)(8) provides: 

tribe may request 

in 40 CFR § 49.6 and 

Whcrt:: the applicant has prt:viously received authorization for a 'lean Air Act program or 

for any other EPA-administered program, the applicant need on y identify the prior 

authorization and provide th:;! required infonnation which has n t been submitted in the 

previous application. 

The Tribe·s Part 70 Operating Pennit Program, which was approved b 

(SI?e 51 FED. R EG. 15267 (2012)), constitutes prior authorization forth 

CAA program, as well as the capucity demonstration for authorization 

section 111 and 112 progr.:l.ms. 

EPA on March 2, 20 12. 

Tribe to administer a 

> implement the CAA 

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40 CFR Part 63 Subpart fi: Apr>roval Criteria I 

The Tribe is seeking "up-front delegated authorily'~ to implement and ftorce CAA section 111 

and 112 rules, emission standards, and requirements. ~ 

The CAA section 112(1) criteria demonstration tor up-front approval is outlined in 

40. CfR part 63 subpart E. Approval of Stat~ Programs and Delegation of Federal Authorities, 

specifically 40 CFR §§ 6J.91(a) and (d). As stated in 40 CFR § 63.91{ )(3) ... ti]nterim or tinal 

title V program approvaJ will satisj)r the criteria set forth in [40 CFR] ~ 63.91 (d). up-front 

approval criteria .. In addition, 40 CFR § 63,9l(d)(2) provides that, ··[d]nce a Statef, or in this 

instance a Tribe.j has sat.ist~ed the. [40 CF1~1 § 63.91(d) up front app~o1al_ requirements .. it .nl ~ needs to reference the prevwus demonstratton and reaffirm that 1s [stc] sui! meets the cntena Lor 

any subsequent cqt1ivalcncy submittals.'' 

Based on its EPA-approved Part 70 Operating Permit Program, the Tri e meets the eligibility 

criteria for up-front delegation of authority to implement and enforce AA section 111 and 112 

standards. 

Notwithstanding that EPA's final approval of the Tribe's Pan 70 Ope, ting Pennit Program 

alone satisfies the criteria for up-front approval, enclosed in further su ort of the Tribe's 

application for authorization to implement and enforce Section 11 1 an 112 standards is a copy 

of the Southern Ute Indian Tribe/State of Colorado Environmental Co mission's Reservation 

Air Code. The Reservation Air Code includes the specific implementa ion and enforcement 

procedures required by CAA Section Ill( c)', as well as the complianc procedures required by 

CAA Section 112(1)(5). 

The Tribe·s legal authority to implement and enforce CAA programs o the Southern Ute Indian 

Reservation has not changed since submittal of the Tribe's application or approval of its Part 70 

Operating Permit Program. Additionally, the Tribe anticipates that im lementation and 

enforcement of the Section 111 and 112 standards will be carried out c ncurrently with the 

administration of its Part 70 program, using the same resources to imp ~mcnt and enforce a rule 

or program will not vary tor this and subsequent approval applications Therefore, the Tribe 

understands there is no need to resubmit this information .tor subseque t adoption of future 

section 11 I or section l 12 rules, emission standards, and other requireJ ents by the 

Environmental Commission. If changes occur regarding the adequacy f the Tribe ·s legal 

authority ~nd resources to implement and enforce section Ill or sectio 112 standards, the Tribe 

will modify its applications to retlcct these changes. 

The Tribe commits to recommendjng to the Environmental Commissi 1 the adoption of section 

11 I and section 112 standards int.o the Reservation Air Code unchang through incorporation 

by reference. The Tribe requests automatic delegation of section 1 11 d 112 standards upon 

adoption into the Resc:rvation Air Code. Once the Environmental Co mission incorporates the 

specific standards by reference, it is our understanding that the Tribe v. i1l become the 
implementing and enforcing authority for those standards. If lhe F.nvir . omental Commission 

changes a rule. emission standard, or other requirement in any way, ev n substituting "director" 

for ''administratur", then the! Tribe understands that formal evaluation d delegation must occur. 

Based on the intonnation included in this program authorization requ · t. the Tribe requests that 

EPA Region 8 delegate authority to the Tribe to implement and en fore CAA section Ill (c) and 

112(1) standards for both part 70 and non-part 70 sources. 

If you have any qucsnons regarding thls matter. please feel free contac Ms. Brenda Jarrell, the 

Tribe's Air Quality Program Manager, at 970.563.4705. ext. 2246. 

Jimmy R. Newton, Jr., Chairman 

Southern Ute Indian Tribal Council